[House Report 106-68]
[From the U.S. Government Publishing Office]





106th Congress                                                   Report
  1st Session           HOUSE OF REPRESENTATIVES                 106-68

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



 
  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

                                _______
                                

   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. 510]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 510) 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 H.R. 510 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 H.R. 510 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.
    H.R. 510, 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

    H.R. 510 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. No 
amendments were offered and the bill was 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 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, March 10, 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 H.R. 510, a bill 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.

H.R. 510--A bill 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

    H.R. 510 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 bill would have no 
significant impact on the federal budget. Because H.R. 510 
would not affect direct spending or receipts, pay-as-you-go 
procedures would not apply. H.R. 510 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, 
a bill 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, as ordered reported by the 
Senate Committee on Energy and Natural Resources on March 4, 
1999. The bills are identical, as are the estimated costs.
    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.

                                
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