[Senate Report 108-302]
[From the U.S. Government Publishing Office]
Calendar No. 626
108th Congress Report
SENATE
2d Session 108-302
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FRANNIE, WYOMING LAND CONVEYANCE
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July 13, 2004.--Ordered to be printed
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Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 155]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 155) to convey to the town of Frannie,
Wyoming, certain land withdrawn by the Commissioner of
Reclamation, having considered the same, reports favorably
thereon with an amendment and recommends that the bill, as
amended, do pass.
The amendment is as follows:
On page 1, line 6, insert ``by quitclaim deed'' after
``convey''.
PURPOSE OF THE MEASURE
The purpose of S. 155 is to convey to the town of Frannie,
Wyoming, approximately 8/10 of an acre withdrawn by the
Commissioner of Reclamation.
BACKGROUND AND NEED
The parcel in question was originally withdrawn from the
public domain by the Commissioner of Reclamation for the
Frannie Townsite Reservation in 1920. The Bureau of Reclamation
continues to manage the parcel, though in recent years, the
town of Frannie has used it for the Wyoming Centennial Garden
under a special use permit issued by the Bureau. The Bureau of
Reclamation has determined that it has no further need for the
parcel and no vested interest in any appurtenances on the
parcel. The Bureau of Land Management has determined that the
parcel is no longer suitable for return to the public domain or
management under the public land and mining laws. In view of
the fact that the Federal Government has no further need for
the parcel and the town is currently using the parcel for
public purposes, the Department found that the conveyance of
the parcel to the town will be in the public interest.
LEGISLATIVE HISTORY
S. 155 was introduced by Senator Enzi on January 14, 2003.
The Subcommittee on Public Lands and Forests held a hearing on
S. 155 on May 5, 2004. At the business meeting on June 16,
2004, the Committee on Energy and Natural Resources ordered S.
155, as amended, favorably reported.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on June 16, 2004, by a unanimous vote of a
quorum present, recommends that the Senate pass S. 155, if
amended as described herein.
COMMITTEE AMENDMENT
During the consideration of S. 155, the Committee adopted
an amendment that clarifies the conveyance will be made by a
quitclaim deed.
SECTION-BY-SECTION ANALYSIS
Section 1(a) directs the Secretary of the Interior to
convey lands described in subsection (b) to the town of
Frannie, Wyoming.
Subsection (b) describes the parcel to be conveyed totaling
approximately \8/10\ of an acre.
Subsection (c) reserves mineral rights to the United
States.
Subsection (d) revokes a special use permit to the town of
Frannie, Wyoming, for the site and Secretarial orders with
respect to the withdrawl for the Shoshone Reclamation Project
and another for the Frannie Townsite reservation for the lands
to be conveyed.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 23, 2004.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 155, a bill to
convey to the town of Frannie, Wyoming, certain land withdrawn
by the Commissioner of Reclamation.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Julie
Middleton.
Sincerely,
Elizabeth Robinson
(For Douglas Holtz-Eakin, Director).
Enclosure.
S. 155--A bill to convey to the town of Frannie, Wyoming, certain land
withdrawn by the Commissioner of Reclamation
This bill would convey all rights, title, and interest of
the United States in approximately 37,500 square feet of land
to the town of Frannie, Wyoming. CBO estimates that
implementing S. 155 would have no significant impact on the
federal budget. According to the Bureau of Reclamation, the
federal land to be conveyed currently generates no significant
receipts and is not expected to do so over the next 10 years.
Hence, we estimate that conveying that land would not affect
offsetting receipts (a credit against direct spending).
Enacting S. 155 would not affect revenues.
S. 155 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local or tribal governments.
Enacting this legislation would benefit the city of Frannie,
Wyoming.
The CBO staff contact for this estimate is Julie Middleton.
This estimate was approved by Peter H. Fontaine, 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. 155. 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. 155, as ordered reported.
EXECUTIVE COMMUNICATIONS
On May 3, 2004, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on S. 155. These reports
had not been received at the time the report on S. 155 was
filed. When the reports become available, the Chairman will
request that they be printed in the Congressional Record for
the advice of the Senate. The testimony provided by the Bureau
of Reclamation at the Subcommittee hearing follows:
Statement of the U.S. Bureau of Reclamation, Department of the Interior
This statement presents the views of the Department of the
Interior on S. 155, a bill to require the Secretary of the
Interior to convey certain land withdrawn by the Commissioner
of Reclamation consisting of approximately 37,500 square feet
located in the N\1/2\ of Block 26, T.58 N., R.97 W., to the
Town of Frannie, Wyoming. This land was originally withdrawn
from the public domain on April 19, 1920, for reclamation
purposes and is managed by the Bureau of Reclamation.
Reclamation has concluded that it does not have any continuing
project need for the land or any vested interest in or
ownership of any appurtenances on the land. The Bureau of Land
Management (BLM) conducted a survey of the land and determined
that the land is no longer suitable for return to the public
domain and management under the public land and mining laws.
The Town of Frannie has title to the S\1/2\ of Block 26,
the adjacent parcel, which is where the Town Hall is located.
In addition, pursuant to a Special Use Permit issued by the
Bureau of Reclamation in 1990, the Town uses the NE\1/4\ of
Block 26 for the Wyoming Centennial Garden. The Deaver
Irrigation District (``Deaver'') managed this land for the
Bureau of Reclamation. Previously, Deaver authorized the
relocation of a building on the NW\1/4\ of Block 26, which was
subsequently conveyed to the Town of Frannie and is now being
used as a meeting hall by the Town.
S. 155 would direct the Secretary of the Interior to
convey, without consideration, all right, title, and interest
of the United States in and to the parcel of land to the Town
of Frannie. The bill would also revoke the Special Use Permit
with the Town of Frannie for the Centennial Garden City Park
and Secretarial Orders issued by the Commissioner of
Reclamation which withdrew the land for the Shoshsone Project
in 1913 and the Frannie Townsite Reservation in 1920.
It is customary for the Department to seek fair market
value for land proposed for transfer. However, in this case,
given that the parcel is less than one acre, its value is
minimal as compared to the costs associated with the process of
selling it, and the Town currently uses the land for the
benefit of the public, the Department has determined that it
can support S. 155, provided that the bill is modified to
include language that more clearly describes the means by which
the Secretary would convey this property. Similar legislation
was passed in 1994 by Title VI of P.L. 103-434, directing the
Secretary to convey certain lands which are adjacent to the
lands proposed for transfer under S. 155, by quitclaim deed, to
the Big Horn County School District. The Department recommends
that the words ``by quitclaim deed'' be added in subsection (a)
after ``the Secretary of the Interior shall convey,'' which
would then read ``the Secretary of the Interior shall convey,
by quitclaim deed, without consideration, all right, title, and
interest in the United States in and to the parcel of land
described in subsection (b) to the Town of Frannie, Wyoming.''
Thank you for the opportunity to detail the position of the
Department of the Interior on S. 155.
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. 155, as ordered
reported.