[House Report 106-67]
[From the U.S. Government Publishing Office]
106th Congress Report
1st Session HOUSE OF REPRESENTATIVES 106-67
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TO DIRECT THE SECRETARY OF THE INTERIOR TO TRANSFER TO THE PERSONAL
REPRESENTATIVE OF THE ESTATE OF FRED STEFFENS OF BIG HORN COUNTY,
WYOMING, CERTAIN LAND COMPRISING THE STEFFENS FAMILY PROPERTY
_______
March 17, 1999.--Committed to the Committee of the Whole House and
ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 509]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 509) to direct the Secretary of the Interior to transfer
to the personal representative of the estate of Fred Steffens
of Big Horn County, Wyoming, certain land comprising the
Steffens family property, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. TRANSFER OF STEFFENS FAMILY PROPERTY.
(a) Conveyance.--Subject to valid existing rights, the Secretary of
the Interior is directed to issue, without consideration, a quitclaim
deed to Marie Wambeke of Big Horn County, Wyoming, the personal
representative of the estate of Fred Steffens, to the land described in
subsection (b): Provided, That all minerals underlying such land are
hereby reserved to the United States.
(b) Land Description.--The land referred to in subsection (a) is
the approximately 80-acre parcel known as ``Farm Unit C'' in the E\1/
2\NW\1/4\ of Section 27 in Township 57 North, Range 97 West, 6th
Principal Meridian, Wyoming.
(c) Revocation of Withdrawal.--The Bureau of Reclamation withdrawal
for the Shoshone Reclamation Project under Secretrial Order dated
October 21, 1913, is hereby revoked with respect to the lands described
in subsection (b).
PURPOSE OF THE BILL
The purpose of H.R. 509 is to direct the Secretary of the
Interior to transfer to the personal representative of the
estate of Fred Steffens of Big Horn County, Wyoming, certain
land comprising the Steffens family property.
BACKGROUND AND NEED FOR LEGISLATION
The property outlined in H.R. 509 (about 80 acres) has been
a part of the Steffens' family working farm since the land was
purchased in 1928. Mr. Steffens was issued a warranty deed to
the property by Mr. Frank McKinney, predecessor of interest.
Apparently, however, Mr. McKinney had neither title to the
property nor an assignable right of entry. In good faith, Mr.
Steffens purchased the property and, according to the Big Horn
County Assessor's office, paid taxes on it since the date of
purchase.
Upon Mr. Steffens' death, in an attempt to settle his
estate, it was discovered that a patent had never been issued
for these lands. Mr. Steffens' sister and representative of the
estate filed a Color of Title application with the Bureau of
Land Management's (BLM) Wyoming office, but the title was
rejected because the lands at issue were, and continue to be,
withdrawn by the Bureau of Reclamation for the Shoshone
Reclamation Project. Regulations specifically preclude claims
under the Color of Title Act when lands are withdrawn for
federal purposes.
The only option to remedy this situation is to pass H.R.
509. The bill transfers the title and surface estate to the
Steffens. BLM will keep the mineral rights.
COMMITTEE ACTION
H.R. 509 was introduced on February 2, 1999, by
Congresswoman Barbara Cubin (R-WY). The bill was referred to
the Committee on Resources, and within the Committee to the
Subcommittee on National Parks and Public Lands. On February
25, 1999, the Subcommittee met to mark up the bill. No
amendments were offered and the bill was ordered favorably
reported to the Full Committee by voice vote. On March 3, 1999,
the Full Resources Committee met to consider the bill.
Congresswoman Cubin offered an amendment to insert the word
``acre'' to correct a minor drafting mistake. The amendment was
adopted by voice vote. The bill as amended was then ordered
favorably reported to the House of Representatives 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 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, March 10, 1999.
Hon. Don Young,
Chairman, Committee on Resources, U.S. House of Representatives,
Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 509, a bill to
direct the Secretary of the Interior to transfer to the
personal representative of the estate of Fred Steffens of Big
Horn County, Wyoming, certain land comprising the Steffens
family property.
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.
H.R. 509--A bill to direct the Secretary of the Interior to transfer to
the personal representative of the estate of Fred Steffens of
Big Horn County, Wyoming, certain land comprising the Steffens
family property
H.R. 509 would direct the Secretary of the Interior, acting
through the Bureau of Land Management, to transfer without
consideration about 80 acres of land in Big Horn County,
Wyoming, to the representative of the estate of Mr. Fred
Steffens. The federal government would retain the mineral
interests in the land.
CBO estimates that enacting this bill would have no
significant impact on the federal budget. Because H.R. 509
would not affect direct spending or receipts, pay-as-you-go
procedures would not apply. H.R. 509 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. 449,
a bill to direct the Secretary of the Interior to transfer to
the personal representative of the estate of Fred Steffens of
Big Horn County, Wyoming, certain land comprising the Steffens
family property, as ordered reported by the Senate Committee on
Energy and Natural Resources on March 4, 1999. The two bills
are similar, and the estimated costs are the same.
The CBO staff contact for this estimate is Victoria Heid
Hall. This estimate was approved by Paul N. Van de Water,
Assistant Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.