[House Report 107-500]
[From the U.S. Government Publishing Office]





107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-500

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



 
                    MARTIN'S COVE LAND TRANSFER ACT

                                _______


 June 11, 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. 4103]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 4103) to direct the Secretary of the Interior to transfer 
certain public lands in Natrona County, Wyoming, to the 
Corporation of the Presiding Bishop, and for other purposes, 
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 all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Martin's Cove Land Transfer Act''.

SEC. 2. CONVEYANCE TO THE CORPORATION OF THE PRESIDING BISHOP.

  (a) Conveyance Required.--Notwithstanding the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 et seq.), the Secretary of the 
Interior (hereafter in this section referred to as the ``Secretary'') 
shall offer to convey to the Corporation of the Presiding Bishop, all 
right, title, and interest of the United States in and to the public 
lands identified for disposition on the map entitled ``Martin's Cove 
Land Transfer Act'' numbered MC/0002, and dated May 17, 2002, for the 
purpose of public education, historic preservation, and the enhanced 
recreational enjoyment of the public. Such map shall be on file and 
available for public inspection in the offices of the Director of the 
Bureau of Land Management and the Lander District of the Bureau of Land 
Management.
  (b) Consideration.--
          (1) In general.--The Corporation of the Presiding Bishop 
        shall pay to the United States an amount equal to the historic 
        fair market value of the property conveyed under this section, 
        including any improvements to that property.
          (2) Determination of fair market value.--Not later than 90 
        days after the date of the enactment of this Act, the Secretary 
        shall determine the historic fair market value of the property 
        conveyed under this section, including any improvements to the 
        property.
  (c) Access Agreement.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary and the Corporation of the 
Presiding Bishop shall enter into an agreement, binding on any 
successor or assignee, that ensures that the property conveyed shall, 
consistent with the historic purposes of the site--
          (1) be available in perpetuity for public education and 
        historic preservation; and
          (2) provide to the public, in perpetuity and without charge, 
        access to the property conveyed.
  (d) Right of First Refusal.--As a condition of any conveyance under 
this section, the Secretary shall require that the Church of Jesus 
Christ of Latter Day Saints and its current or future affiliated 
corporations grant the United States a right of first refusal to 
acquire all right, title, and interest in and to the property conveyed 
under this section, at historic fair market value, if the Church of 
Jesus Christ of Latter Day Saints or any of its current or future 
affiliated corporations seeks to dispose of any right, title, or 
interest in or to the property.
  (e) Disposition of Proceeds.--Proceeds of this conveyance shall be 
used exclusively by the National Historic Trails Interpretive Center 
Foundation, Inc., a nonprofit corporation located in Casper, Wyoming, 
for the sole purpose of advancing the public understanding and 
enjoyment of the National Historic Trails System in accordance with 
subsection (f).
  (f) Use of Proceeds.--Funds shall be used by the Foundation only for 
the following purposes and according to the following priority:
          (1) To complete the construction of the exhibits connected 
        with the opening of the National Historic Trails Center 
        scheduled for August 2002.
          (2) To maintain, acquire, and further enhance the exhibits, 
        artistic representations, historic artifacts, and grounds of 
        the Center.
  (g) No Precedent Set.--This Act does not set a precedent for the 
resolution of land sales between or among private entities and the 
United States.

                          PURPOSE OF THE BILL

    The purpose of H.R. 4103 is to direct the Secretary of the 
Interior to transfer certain public lands in Natrona County, 
Wyoming, to the Corporation of the Presiding Bishop, and for 
other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    Pioneer companies of Latter-Day Saints (Mormons) first 
began making the difficult trek from the Midwestern United 
States to the Rocky Mountains in 1846 in an effort to avoid 
intense religious persecution. Between 1856 and 1860, ten 
pioneer handcart companies of Latter-Day Saints made their way 
from Iowa City, Iowa, and Florence, Nebraska, to the Salt Lake 
Valley. Two of these companies, known as the Willie Company and 
the Martin Company, were overcome and became stranded due to 
deep snow and freezing temperatures. The companies had little 
food and inadequate clothing for the intense weather 
conditions. Along the Sweetwater River in the State of Wyoming, 
the Martin Company sought refuge in a protected area later 
named Martin's Cove. As they fought against the weather 
conditions, 135 to 150 members of their party perished along 
the trail.
    The Martin's Cove area is typified by remote, undeveloped 
land with sagebrush and high desert vegetation having 
negligible resource value. While Martin's Cove was first listed 
on the National Register of Historic Places in 1977, it is 1 of 
31 sites listed in Natrona County, Wyoming alone, and over 
75,000 nationally. Of primary historical interest and 
significance to Members of the Church of Jesus Christ of 
Latter-Day Saints (LDS Church) and of limited importance to the 
general public, it is located more than two miles away and on 
the opposite side of the Sweetwater River from historic 
emigrant trails of broader national significance such as the 
Oregon Trail.
    Until 1996, public access to the Martin's Cove site, 
located on Bureau of Land Management (BLM) land, was very 
limited due to the need to cross private land known as the Sun 
Ranch. When access was permitted, visitors were charged as much 
as $30 dollars by the private land owners. Martin's Cove was 
not deemed by the BLM to be of sufficient public interest for 
it to devote any resources to make it more accessible. For 
example, the BLM did not make even minimal efforts to place 
signage to try to prevent undue degradation of the site by 
vehicles driving into the Cove.
    In 1996, the LDS Church acquired the Sun Ranch and signed a 
cooperative agreement with the BLM facilitating free public 
access. Church-coordinated volunteers then spent more than 
31,000 man hours making the site accessible by building a trail 
and replacing a bridge, establishing a visitor center, and 
constructing public restrooms and campground sites. In order to 
develop the trail, because the BLM did not have the resources 
to do so, the LDS church paid for a needed archaeological 
survey that did not involve large scale excavation. The LDS 
church has since maintained a full time force of volunteers at 
the visitor center for public interpretation, education, site 
maintenance and visitor assistance.
    Not long after its acquisition of the ranch, the LDS Church 
expressed its interest in acquiring the Cove property as well 
through an administrative land exchange with the BLM. However, 
those efforts were ultimately unsuccessful in spite of five 
years of repeated attempts to identify lands acceptable by the 
BLM for exchange elsewhere.
    H.R. 4103 would direct the Secretary of Interior to convey 
approximately 940 acres of the Martin's Cove area to the 
Corporation of the Presiding Bishop of the LDS Church in 
exchange for fair market value consideration (not including the 
value of improvements already paid for by the church) and the 
agreement that the lands be managed consistent with their 
historical character and remain accessible to the public at no 
charge. The bill would further grant the federal government the 
first right of refusal to repurchase the lands should the 
church wish to dispose of the lands in the future, and allows 
the proceeds from the sale to remain within the State of 
Wyoming for uses by the National Historic Trails Interpretive 
Center Foundation.
    H.R. 4103 follows other precedents in providing for the 
conveyance of federal lands deemed to be of unique religious or 
cultural importance to a particular group. For example, the 
Zuni and Havasupai Indian tribes in Arizona, and the Ho Chunk 
Nation in Wisconsin, have had federal lands conveyed to them 
for religious and cultural reasons.

                            COMMITTEE ACTION

    H.R. 4103 was introduced on April 9, 2002 by Congressman 
James V. Hansen (R-UT). The bill was referred to the Committee 
on Resources, and within the Committee to the Subcommittee on 
National Parks, Recreation, and Public Lands. On May 4, 2002, 
the Subcommittee held a legislative field hearing on the bill 
in Casper, Wyoming. This Subcommittee held a second hearing in 
Washington on May 16, 2002. On May 22, the Full Committee met 
to mark up the bill. The Subcommittee was discharged from 
further consideration of the bill by unanimous consent. 
Congresswoman Barbara Cubin (R-WY) offered an amendment in the 
nature of a substitute to: (1) narrow the size of the site to 
be conveyed; (2) require the parties to enter into an access 
agreement to provide that the property conveyed would, 
consistent with the historic purposes of the site, be available 
in perpetuity for the purposes of public education and historic 
preservation, and to provide to the public free access, in 
perpetuity, to the site; (3) provide the federal government 
with a right of first refusal should the church ever decide to 
divest itself of the property; and (4) to direct the proceeds 
to trail purposes in Wyoming. It was adopted by voice vote. 
There were no further amendments and 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. While H.R. 4103 would affect 
direct spending, according to the Congressional Budget Office, 
it would have no significant impact on the federal budget.
    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 28, 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. 4103, the Martin's 
Cove Land Transfer Act.
    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.


               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

H.R. 4103--Martin's Cove Land Transfer Act

    CBO estimates that H.R. 4103 would have no significant 
impact on the federal budget. The bill would affect spending 
(including offsetting receipts); therefore, pay-as-you-go 
procedures would apply, but we estimate that any such impacts 
would be negligible. H.R. 4103 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. 4103 would authorize the Secretary of the Interior to 
convey to the Corporation of the Presiding Bishop (the Church 
of Jesus Christ of Latter-Day Saints; also known as the Mormon 
Church) 940 acres of federal lands located in Natrona County, 
Wyoming. The corporation would pay the historic fair market 
value of those lands. Under the bill, net proceeds from the 
sale would be used by the National Historic Trails Interpretive 
Center Foundation, a nonprofit corporation, to complete and 
operate a facility designed to interpret the experience of 
emigrants who traveled through Wyoming during the nineteenth 
century on several national historic trails.
    The lands that would be sold under H.R. 4103 are listed on 
the National Register of Historic Sites. According to the 
Bureau of Land Management (BLM), the agency has no plans to 
sell the lands, which currently generate no significant 
receipts and are not expected to in the future. Based on 
information from BLM, we estimate that the sale would increase 
offsetting receipts by $200,000 in 2003. That amount would be 
fully offset by a corresponding increase in direct spending in 
2003 to pay a portion of those proceeds to Natrona County, with 
the remaining balance transferred to the National Historic 
Trails Interpretive Center Foundation.
    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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