[House Report 109-109]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 109-109
======================================================================
REMOVING CERTAIN RESTRICTIONS ON THE MAMMOTH COMMUNITY WATER DISTRICTS
ABILITY TO USE CERTAIN PROPERTY ACQUIRED BY THAT DISTRICT FROM THE
UNITED STATES
_______
June 8, 2005.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 853]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 853) to remove certain restrictions on the Mammoth
Community Water District's ability to use certain property
acquired by that District from the United States, 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. 853 is to remove certain restrictions
on the Mammoth Community Water District's ability to use
certain property acquired by that District from the United
States.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 853 removes restrictions on the Mammoth Community
Water District's ability to use certain property acquired by
that District from the U.S. Forest Service. Specifically, H.R.
853 would allow specified land conveyed to the District in Mono
County, California, to be used for purposes other than the
purposes for which the land was being used prior to the
conveyance. The bill removes this impediment to the District's
ability to use its property to meet its current and future
needs and those of the nearby community.
In 1987, the District acquired 25 acres from the U.S.
Forest Service under Public Law 90-171. The District occupied
these lands under a special use permit for many years prior to
the conveyance, using the lands for administrative offices and
wastewater treatment operations. Under Public Law 90-171, the
District acquired the lands with the condition that they be
used only for the purposes for which they were being used prior
to the time of conveyance. Of the 25 acres acquired by the
District, the District continues to use approximately 13 acres
for its offices and wastewater treatment facilities. The other
12 acres were used for material storage, but are no longer
needed for that purpose. Because of the conditions imposed by
Public Law 90-171, the District is unable to utilize these 12
acres for other purposes needed by the District and the Mammoth
Lakes community. The District has worked with the Forest
Service to change the use of the 12 acres, but the Forest
Service has informed the District that Congressional
authorization is necessary to implement the change. The area in
question is within the existing city limits and would not
affect the outlying area. Prior to implementation, an
environmental impact review would be conducted to ensure
compliance with appropriate mandates.
COMMITTEE ACTION
H.R. 853 was introduced February 16, 2005, by Congressman
Howard P. ``Buck'' McKeon R-CA). The bill was referred to the
Committee on Resources, and within the Committee to the
Subcommittee on Water and Power. On May 18, 2005, the Full
Resources Committee met to consider the bill. The Subcommittee
was discharged from further consideration of the bill by
unanimous consent. No amendments were offered and the bill was
ordered favorably reported to the House of Representatives by
unanimous consent.
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 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
revenues or tax expenditures.
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:
H.R. 853--A bill to remove certain restrictions on the Mammoth
Community Water District's ability to use certain property
acquired by that district from the United States
In 1987, the federal government conveyed 25 acres of land
in California to the Mammoth Community Water District. Under
the terms of that conveyance, if the district uses the land for
some purpose other than treating wastewater or storing
materials, ownership reverts to the federal government. H.R.
853 would authorize the Secretary to release the federal
government's reversionary interest in the land to allow the
district to use the land for other public purposes.
Based on information from the Department of the Interior,
CBO estimates that allowing the proposed change in land use
would not affect the federal budget. H.R. 853 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 bill would
benefit the Mammoth Community Water District; any costs that it
might incur in association with enactment would be incurred
voluntarily.
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.