[Senate Report 109-46]
[From the U.S. Government Publishing Office]
Calendar No. 65
109th Congress Report
SENATE
1st Session 109-46
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LAND IN FRANNIE, WYOMING
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March 30, 2005.--Ordered to be printed
Filed, under authority of the order of the Senate of March 17, 2005
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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. 101]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 101) to convey to the town of Frannie,
Wyoming, certain land withdrawn by the Commissioner of
Reclamation, having considered the same, reports favorably
thereon without amendment and recommends that the bill do pass.
PURPOSE OF THE MEASURE
The purpose of S. 101 is to convey to the town of Frannie,
Wyoming, approximately eight-tenths of an acre of land
previously withdrawn by the Commissioner of Reclamation.
BACKGROUND AND NEED
The parcel to be conveyed by this Act was originally
withdrawn from the public domain in 1920 by the Commissioner of
Reclamation for the Frannie Townsite Reservation. 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. 101 was introduced by Senator Enzi on January 24, 2005.
At the business meeting on February 16, 2005, the Committee on
Energy and Natural Resources ordered S. 101 favorably reported.
A similar bill (S. 155) was introduced by Senator Enzi in the
108th Congress. The Subcommittee on Public Lands and Forests
held a hearing on S. 155 on May 5, 2004 (S. Hrg. 108-575). At
the business meeting on June 16, 2004, the Committee on Energy
and Natural Resources ordered S. 155 favorably reported (S.
Rept. 108-302). S. 155 passed the Senate by unanimous consent,
as amended, on September 15, 2004.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in an open
business session on February 16, 2005, by a voice vote of a
quorum present, recommends that the Senate pass S. 101.
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 eight-tenths 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.
February 22, 2005.
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. 101, 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,
Douglas Holtz-Eakin.
Enclosure.
S. 101--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. 101 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. 101 would not affect revenues.
S. 101 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. 101. 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. 101, as ordered reported.
EXECUTIVE COMMUNICATIONS
The views of the Administration were included in testimony
received by the Committee at a hearing on S. 155 in the 108th
Congress on May 5, 2004, as 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 29, 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 law.
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, 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 Shoshone 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 of 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. 101, as ordered
reported.