[DOCID: f:sr301.110]
From the Senate Reports Online via GPO Access
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Calendar No. 653
110th Congress Report
SENATE
2d Session 110-301
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SANTA FE NATIONAL FOREST TITLE CLAIM RESOLUTION ACT
_______
April 10, 2008.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1939]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1939) to provide for the conveyance of
certain land in the Santa Fe National Forest, New Mexico,
having considered the same, reports favorably thereon with
amendments and recommends that the bill, as amended, do pass.
The amendments are as follows:
1. Beginning on page 1, strike line 9 and all that follows
through page 2, line 7, and insert the following:
``of the Claimants to any right, title, or interest in
any land located in lot 10, sec. 22, T. 18 N., R. 12
E., New Mexico Principal Meridian, San Miguel County,
New Mexico, except as provided in section (3)(a).''.
2. On page 2, strike lines 10 through 23 and insert the
following:
``(3) Federal land.--The term `Federal land' means a
parcel of National Forest System land in the Santa Fe
National Forest, New Mexico, that is--
``(A) comprised of approximately 6.20 acres
of land; and
``(B) described and delineated in the
survey.''.
PURPOSE OF THE MEASURE
The purpose of S. 1939 is to provide for the conveyance of
certain land in the Santa Fe National Forest, New Mexico.
BACKGROUND AND NEED
S. 1939 would resolve an ongoing land title dispute between
Ramona and Boyd Lawson--who are defined by the bill as
``claimants''--and the Forest Service. At issue is the
claimaints' land title claim involving approximately 12 acres
of Federal land in New Mexico that are within the boundaries of
the Pecos Wild and Scenic River in the Santa Fe National
Forest.
In 2003, the Interior Board of Land Appeals (IBLA) ruled
that the claimants were entitled to a correction of the
homestead patent that was issued to one of the claimant's
grandfather in 1888 because it erroneously failed to include
the main house, cabin and various outbuildings that he
constructed. 159 IBLA 184 (June 4, 2003). The IBLA remanded the
case to the Bureau of Land Management to correct the homestead
patent.
Subsequently, the Forest Service and the Lawsons negotiated
a compromise of the claim that includes the transfer of 6.2
acres of National Forest land to the claimants in exchange for
a scenic easement to that property and a release of the land
claim against the United States.
LEGISLATIVE HISTORY
S. 1939 was introduced by Senator Bingaman and Senator
Domenici on August 2, 2007. The Subcommittee on Public Lands
and Forests held a hearing on S. 1939 on September 20, 2007 (S.
Hrg. 110-216).
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on January 30, 2008, by a voice vote of a
quorum present, recommends that the Senate pass S. 1939, if
amended as described herein.
COMMITTEE AMENDMENT
During the consideration of S. 1939, the Committee adopted
an amendment to the definition of ``claim'' in section 2(1) of
the bill. The amendment makes clear that the claimants would
waive all claims to any right, title, or interest to any of the
land in the described parcel, except any future claims that may
arise based on the conveyance of the approximately 6.2 acres
provided for under section 3(a) of the bill. The amendment also
simplifies the definition of ``Federal land'' in section 2(3)
by deleting redundant information.
SECTION-BY-SECTION ANALYSIS
Sections 1 and 2 provide the short title and definitions
for the bill.
Section 3(a) directs the Secretary of Agriculture
(``Secretary'') to convey approximately 6.2 acres of National
Forest land to the claimants in exchange for (1) a scenic
easement to those lands that protect the purposes of the Pecos
Wild and Scenic River and is otherwise acceptable to the
Secretary and (2) a release of the claim and any related claims
against the United States. Subsection (a) also makes clear that
the conveyance is subject to valid existing rights, and
accordingly does not prejudice any third-party rights or
interests that may exist to the 6.2 acres of land.
Subsection (b) authorizes the Secretary, with the approval
of the claimants, to make certain minor corrections to the
survey and legal description.
Subsection (c) states that the conveyance of the
approximately 6.2 acres of National Forest land as provided for
under subsection (a) would constitute a full satisfaction of
the claim.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 1939--Santa Fe National Forest Title Claim Resolution Act
S. 1939 would require the Secretary of Agriculture to
convey 6.2 acres of federal land in the Santa Fe National
Forest, New Mexico, to Ramona and Boyd Lawson. The Lawsons have
a longstanding claim against the government for erroneously
excluding some of their patented land in a government survey.
The land conveyance would settle that claim and release the
government from future claims while providing the Forest
Service with a conservation easement on the property. Based on
information from the Forest Service, CBO estimates that
enacting the legislation would have no significant effect on
the federal budget.
S. 1939 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Tyler Kruzich.
This estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1939. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 1939, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 1939, as reported, does not contain any congressionally
directed spending items, limited tax benefits, or limited
tariff benefits as defined in rule XLIV of the Standing Rules
of the Senate.
EXECUTIVE COMMUNICATIONS
The views of the Administration were included in testimony
received by the Committee at a hearing on S. 1939 on September
20, 2007.
Statement of Joel Holtrop, Deputy Chief, National Forest System, U.S.
Forest Service, Department of Agriculture
Mr. Chairman and members of the committee, I appreciate the
opportunity to appear before you to provide the Department's
views on the bills which are on the agenda today.
* * * * * * *
s. 1939, santa fe national forest title claim resolution act
S. 1939 would authorize and direct the Forest Service to
quitclaim approximately 6.20 acres of Federal land to Ramona
and Boyd Lawson in satisfaction of a longstanding land title
claim.
The Department supports the enactment of this bill.
The land in question is in the Santa Fe National Forest and
within the boundaries of the Pecos Wild and Scenic River. The
Lawsons are successors to a land patent issued in 1888 and they
claimed that a government survey of the patented land had
erroneously excluded about 12 acres where their house and
outbuildings were located.
There were sufficient legal and factual issues in dispute
between the government and the Lawsons that this matter could
have ended up in court. However, the parties worked out a
solution that is simple and equitable, saving considerable time
and expense for all. The Lawsons and the Forest Service agreed
to limit the area of the claim to 6.2 acres which covers the
land the Lawsons are actually occupying and using. In turn, the
Lawsons have agreed to convey to the Forest Service a
conservation easement on the property to protect wild and
scenic river values, and to release the government from future
claims. S. 1939 will authorize the Forest Service to implement
this agreement and thereby allow the Lawsons the quiet
enjoyment of their home while, at the same time, preserving the
scenic and natural environs of the Pecos Wild & Scenic River.
* * * * * * *
Mr. Chairman and members of the committee, this concludes
my testimony. I am happy to answer any questions you may have
at this time.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 1939, as
ordered reported.
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