[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

                                _______
                                

  May 7, 2002.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  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.

                                
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