[House Report 106-225]
[From the U.S. Government Publishing Office]
106th Congress Report
1st Session HOUSE OF REPRESENTATIVES 106-225
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TRANSFER OF LOWE FAMILY PROPERTY IN WYOMING
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July 12, 1999.--Referred to the Private Calendar and ordered to be
printed
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Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany S. 361]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(S. 361) to direct the Secretary of the Interior to transfer to
John R. and Margaret J. Lowe of Big Horn County, Wyoming,
certain land so as to correct an error in the patent issued to
their predecessors in interest, having considered the same,
report favorably thereon without amendment and recommend that
the bill do pass.
purpose of the bill
The purpose of S. 361 is to direct the Secretary of the
Interior to transfer to John R. and Margaret J. Lowe of Big
Horn County, Wyoming, certain land so as to correct an error in
the patent issued to their predecessors in interest.
background and need for legislation
There is a confusing history to the 40-acre parcel of land
at issue in S. 361 which the Lowe family seeks to have
transferred to it. Apparently, there was an error in a land
patent issued by the Bureau of Land Management to the
predecessors in interest of the Lowe family. But there is much
evidence that the Lowe's claim to the land is justified. For
example, the Big Horn County assessor wrote that based on other
entries in the county records, the legal description of the
land being transferred by the original patent should have
included the 40 acres under consideration. In addition, the
Lowe family, since acquiring the land in 1966, have paid taxes
on the land since that time.
S. 361, although not the only alternative the Lowes have in
acquiring the 40 acres, is the only alternative that will bring
minimal additional expense to either the Lowe family or the
Bureau of Land Management.
committee action
S. 361 was introduced by Senator Michael Enzi (R-WY) on
February 3, 1999. The bill was referred to the Senate Committee
on Energy and Natural Resources. The Committee ordered the bill
reported without amendment on March 4, 1999 (S. Report 106-29).
The Senate passed the bill on April 19, 1999, without amendment
by unanimous consent.
In the House of Representatives, S. 361 was referred to the
Committee on Resources on June 17, 1999. The Committee ordered
the bill favorably reported without amendment on June 30, 1999,
by voice vote.
S. 361 is identical to H.R. 510, introduced by
Congresswoman Barbara Cubin (R-WY). H.R. 510 was referred to
the Committee on Resources, which ordered the bill favorably
reported to the House of Representatives on March 3, 1999, by
voice vote without amendment (H. Report 106-68). The House
passed H.R. 510 on May 4, 1999, 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 Resources' oversight findings and recommendations
are reflected in the body of this report.
constitutional authority statement
Article I, section 8 and Article IV, section 3 of the
Constitution of the United States grant Congress the authority
to enact this bill.
compliance with house rule xiii
1. Cost of Legislation.--Clause 3(d)(2) 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)(3)(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.
2. 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.
3. Government Reform Oversight Findings.--Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate.--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 Com-
mittee has received the following cost estimate for this bill
from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 2, 1999.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 361, an act to
direct the Secretary of the Interior to transfer to John R. and
Margaret J. Lowe of Big Horn County, Wyoming, certain land so
as to correct an error in the patent issued to their
predecessors in interest.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Victoria Heid
Hall.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
S. 361--An act to direct the Secretary of the Interior to transfer to
John R. and Margaret J. Lowe of Big Horn County, Wyoming,
certain land so as to correct an error in the patent issued to
their predecessors in interest
S. 361 would direct the Secretary of the Interior, acting
through the Bureau of Land Management, to transfer without
consideration about 40 acres of public land in Big Horn County,
Wyoming, to John R. and Margaret J. Lowe. The federal
government would retain the mineral interests in the land.
CBO estimates that enacting this legislation would have no
significant impact on the federal budget. Because S. 361 would
not affect direct spending or receipts, pay-as-you-go
procedures would not apply. S. 361 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act and would have no significant
impact on the budgets of state, local, or tribal governments.
On March 10, 1999, CBO prepared a cost estimate for S. 361
as ordered reported by the Senate Committee on Energy and
Natural Resources on March 4, 1999. The two versions of S. 361
are identical, as are the two cost estimates.
The CBO staff contact for this estimate is Victoria Heid
Hall. This estimate was approved by Robert A. Sunshine, Deputy
Assistant Director for Budget Analysis.
compliance with public law 104-4
This bill contains no unfunded mandates.
preemption of state, local or tribal law
This bill is not intended to preempt State, local or tribal
law.
changes in existing law
If enacted, this bill would make no changes in existing
law.