[House Report 106-67]
[From the U.S. Government Publishing Office]






106th Congress                                                   Report
  1st Session           HOUSE OF REPRESENTATIVES                 106-67

=======================================================================



 
  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.

                                
