[House Report 107-440]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-440
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LAND CONVEYANCE, SAND MOUNTAIN WILDERNESS STUDY AREA, IDAHO
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May 7, 2002.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
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Mr. Hansen, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 2818]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 2818) to authorize the Secretary of the Interior to
convey certain public land within the Sand Mountain Wilderness
Study Area in the State of Idaho to resolve an occupancy
encroachment dating back to 1971, 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. 2818 is to authorize the Secretary of
the Interior to convey certain public land within the Sand
Mountain Wilderness Study Area in the State of Idaho to resolve
an occupancy encroachment dating back to 1971.
BACKGROUND AND NEED FOR LEGISLATION
In 1953, the Bureau of Land Management (BLM) sold 5 acres
of public land under the authority of the Small Tracts Act in
the vicinity of the St. Anthony Sand Dunes. Over the years
various improvements were developed at the site including a
bar, restaurant, dance hall, and swimming pool. This area
became known as the Sand Hills Resort.
In 1981, while conducting a Wilderness Characteristic
inventory, the BLM discovered that the Sand Mountain Wilderness
Study Area (WSA) boundary included five acres of patented land
of the resort within the boundary of the WSA land. In addition,
public land adjacent to the resort, containing numerous
improvements such as ditches, fences and power lines, was also
designated WSA. Then a May 1995 survey determined that the
majority of the resort's facilities--showers, restrooms,
storage buildings, a garage, improved camp sites, and much of a
private home--were encroaching on public land. Likewise, sand
from the dunes has encroached on the Sand Hills Resort property
making it unusable. As a temporary measure, a special use
permit was granted to the Resort to authorize the use of the
land and enable the BLM to collect fair market rental. After
negotiations, the BLM determined that outright sale of the land
was not feasible because the land lies within boundaries of a
Congressionally designated WSA.
H.R. 2818 would simply allow the owner of the Sand Hills
Resort to continue operating, and to receive clear title to his
property without adversely affecting the Sand Mountain WSA. The
Resort would pay the BLM an amount equal to the fair market
value of the land.
COMMITTEE ACTION
H.R. 2818 was introduced on August 2, 2001, by Congressman
Mike Simpson (R-ID). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
National Parks, Recreation, and Public Lands. On April 16,
2002, the Subcommittee held a hearing on the bill. On April 18,
2002, the Subcommittee met to mark up the bill. No amendments
were offered and the bill was then ordered favorably reported
to the Full Committee by voice vote. On April 24, 2002, the
Full Resources Committee met to consider the bill. No
amendments were offered and the bill was then ordered favorably
reported by unanimous consent to the House of Representatives.
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
recommendationsare 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 grants 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 tax
expenditures. According to the Congressional Budget Office,
enactment of this bill would increase offsetting receipts.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
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 Committee 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, May 6, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2818, a bill to
authorize the Secretary of the Interior to convey certain
public land within the Sand Mountain Wilderness Study Area in
the State of Idaho to resolve an occupancy encroachment dating
back to 1971.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 2818--A bill to authorize the Secretary of the Interior to convey
certain public land within the Sand Mountain Wilderness Study
Area in the State of Idaho to resolve an occupancy encroachment
dating back to 1971
CBO estimates that enacting H.R. 2818 would have no
significant impact on the federal budget. The bill would
increase offsetting receipts from the sale of federal land;
therefore, pay-as-you-go procedures would apply, but we
estimate that any such effects would be negligible. H.R. 2818
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.
H.R. 2818 would authorize the Secretary of the Interior to
convey to the Sand Hills Resort about 10 acres of federal land
within the Sand Mountain Wilderness Study Area in Utah. In
exchange, the resort would pay fair market value for the land.
According to the Bureau of Land Management, the resort
currently pays less than $500 a year for a special use permit
to use the lands that would be conveyed under H.R. 2818. Under
the bill, any foregone offsetting receipts from that permit
would be more than offset by the net proceeds from the sale.
Based on information from the agency and the resort, we
estimate such net proceeds would total about $7,000 in 2003.
The CBO staff contact for this estimate is Megan Carroll.
This estimate was approved by Peter H. Fontaine, 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 any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.