[House Report 113-198]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 113-198
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RANCH A CONSOLIDATION AND MANAGEMENT IMPROVEMENT ACT
_______
September 10, 2013.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 1684]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 1684) to convey certain property to the State of
Wyoming to consolidate the historic Ranch A, and for other
purposes, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.
Purpose of the Bill
The purpose of H.R. 1684 is to convey certain property to
the State of Wyoming to consolidate the historic Ranch A.
Background and Need for Legislation
Ranch A is a historic property, encompassing approximately
645 acres in northeastern Wyoming that was first developed in
the 1930s. After coming under federal ownership in the 1960s,
it was used as a fish hatchery by the U.S. Fish and Wildlife
Service until 1986. The Ranch A Restoration Foundation was
formed in 1992 to restore and operate Ranch A as a center for
learning and interpretation of Western heritage. Ownership of
Ranch A was officially conveyed to the State of Wyoming in
1997. However, the conveyance included the stipulation that
Ranch A only be used for educational purposes, and for unknown
reasons, excluded 10 acres of land and a facility known as the
Babcock House that has been managed by the foundation as part
of Ranch A despite being under federal ownership.
Since the Ranch has been conveyed, the Ranch A Restoration
Foundation has invested approximately $1 million to restore and
upgrade the facilities, but further repairs and renovations are
needed. Due to the restrictions imposed by the conveyance,
there is limited opportunity to raise additional income to fund
the improvements. Removal of these restrictions will allow the
property to be rented for additional uses by other outside
groups.
H.R. 1684 would convey approximately 10 acres of National
Forest System land without consideration, with the State of
Wyoming covering the costs to survey the land. The legislation
also amends Public Law 104-276 (the original statute that
conveyed Ranch A to the State of Wyoming) to remove certain
restrictions on the use of the property.
Committee Action
H.R. 1684 was introduced on April 23, 2013, by
Congresswoman Cynthia Lummis (R-WY). The bill was referred to
the Committee on Natural Resources, and within the Committee to
the Subcommittee on Public Lands and Environmental Regulation.
On July 19, 2013, the Subcommittee held a hearing on the bill.
On July 31, 2013, the full Natural Resources Committee met to
consider the bill. The Subcommittee on Public Lands and
Environmental Regulation was discharged by unanimous consent.
Congressman Raul Grijalva (D-AZ) offered an amendment
designated _054 to the bill; the amendment was not adopted by
voice vote. No further amendments were offered, and the bill
was then adopted and ordered favorably reported to the House of
Representatives by voice vote.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
H.R. 1684--Ranch A Consolidation and Management Improvement Act
H.R. 1684 would require the Forest Service to convey,
without consideration, 10 acres of federal land to the state of
Wyoming. Based on information provided by the agency, CBO
estimates that implementing the legislation would have no
significant impact on the federal budget. Enacting H.R. 1684
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures do not apply.
The affected lands do not currently generate any receipts
and are not expected to generate receipts over the next 10
years. In addition, the Forest Service does not have the
authority to sell those lands under current law. Therefore, CBO
estimates that conveying the affected lands would not affect
direct spending. Finally, because H.R. 1684 would require the
state of Wyoming to cover the cost of surveying the affected
lands, CBO estimates that implementing the bill would have a
minimal impact on discretionary spending.
H.R. 1684 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures. Based on
information provided by the Forest Service, CBO estimates that
implementing the legislation would have no significant impact
on the federal budget.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to convey certain property to the
State of Wyoming to consolidate the historic Ranch A.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
PUBLIC LAW 104-276
SECTION 1. CONVEYANCE OF CERTAIN PROPERTY TO WYOMING.
(a) Conveyance.--
(1) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary of the
Interior shall convey in ``as is'' condition, to the
State of Wyoming without reimbursement--
(A) all right, title, and interest of the
United States in and to the portion of the
property commonly known as ``Ranch A'' in Crook
County, Wyoming, other than the portion
described in paragraph (2), consisting of
approximately 600 acres of land (including all
real property, buildings, and all other
improvements to real property) and all personal
property (including art, historic light
fixtures, wildlife mounts, draperies, rugs, and
furniture directly related to the site,
including personal property on loan to museums
and other entities at the time of transfer);
(B) all right, title, and interest of the
United States in and to all buildings and
related improvements and all personal property
associated with the buildings on the portion of
the property described in paragraph (2); and
(C) a permanent right of way across the
portion of the property described in paragraph
(2) to use the buildings conveyed under
subparagraph (B).
(2) Ranch a.--Subject to the exceptions described in
subparagraphs (B) and (C) of paragraph (1), the United
States shall retain all right, title, and interest in
and to the portion of the property commonly known as
``Ranch A'' in Crook County, Wyoming, described as
Township 52 North, Range 61 West, Section 24 N\1/2\
SE\1/4\, consisting of approximately 80 acres of land.
[(b) Use and Reversionary Interest.--
[(1) Use.--The property conveyed to the State of
Wyoming under this section shall be retained by the
State and be used by the State for the purposes of--
[(A) fish and wildlife management and
educational activities; and
[(B) using, maintaining, displaying, and
restoring, through State or local agreements,
or both, the museum-quality real and personal
property and the historical interests and
significance of the real and personal property,
consistent with applicable Federal and State
laws.
[(2) Access by institutions of higher education.--The
State of Wyoming shall provide access to the property
for institutions of higher education at a compensation
level that is agreed to by the State and the
institutions of higher education.
[(3) Reversion.--All right, title, and interest in
and to the property described in subsection (a) shall
revert to the United States if--
[(A) the property is used by the State of
Wyoming for any other purpose than the purposes
set forth in paragraph (1);
[(B) there is any development of the property
(including commercial or recreational
development, but not including the construction
of small structures, to be used for the
purposes set forth in subsection (b)(1), on
land conveyed to the State of Wyoming under
subsection (a)(1)(A)); or
[(C) the State does not make every reasonable
effort to protect and maintain the quality and
quantity of fish and wildlife habitat on the
property.]
[(c)] (b) Addition to the Black Hills National Forest.--
(1) Transfer.--Administrative jurisdiction of the
property described in subsection (a)(2) is transferred
to the Secretary of Agriculture, to be included in and
managed as part of the Black Hills National Forest.
(2) No hunting or mineral development.--No hunting or
mineral development shall be permitted on any of the
land transferred to the administrative jurisdiction of
the Secretary of Agriculture by paragraph (1).
DISSENTING VIEWS
We oppose H.R. 1684 because it overrides the sole purpose
of a past transfer of land from the federal government to the
State of Wyoming. Ranch A, the property in dispute, has
valuable historic and environmental significance for the people
of Wyoming and has received national recognition for these
traits. The property was conveyed to Wyoming from the federal
government in 1996 under the condition that it be maintained
for educational and conservation purposes; no other
consideration was given by Wyoming to receive title to this
land. The proposed legislation states that it will grant
flexibility to the State to preserve the property; however, by
lifting the provisions upon which the original conveyance was
based, H.R. 1684 removes any duty of Wyoming to preserve the
property for the public good.
The State of Wyoming was conveyed Ranch A in Crook County,
Wyoming under a very specific set of conditions, all aimed at
promoting public education and environmental conservation.
Those conditions were: (1) the property will be used for fish
and wildlife management and educational activities: (2) the
property owners will use, maintain, and restore the property
and it historical significance; (3) institutions of higher
education will have access to the property; and (4) there will
be no commercial or recreational development of the property,
aside from that consistent with the above-mentioned uses.
Congress approved this conveyance of federal land in Public Law
104-276 on October 9, 1996. Less than two decades later, this
bill attempts to negate the goodwill contained in that transfer
of land by removing all restrictions upon Ranch A. Though the
State of Wyoming claims that the land will be used to safeguard
the Ranch for future generations, the intent of this bill is to
ensure there is no legal duty for them to do so.
The Majority rejected an amendment from Public Lands and
Environmental Regulation Subcommittee Ranking Member Grijalva
(D-AZ) that would have ensured that Ranch A would be preserved
for its intended use. As written, H.R. 1684 would allow Wyoming
to manage Ranch A in any manner it so desires in defiance of
the original intent behind the conveyance of the property.
Peter DeFazio,
Ranking Member, Committee on
Natural Resources.
Raul Grijalva,
Ranking Member, Subcommittee
on Public Lands and
Environmental
Regulation.