[Senate Report 108-302]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 626
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-302

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                    FRANNIE, WYOMING LAND CONVEYANCE

                                _______
                                

                 July 13, 2004.--Ordered to be printed

                                _______
                                

   Mr. Domenici, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 155]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 155) to convey to the town of Frannie, 
Wyoming, certain land withdrawn by the Commissioner of 
Reclamation, having considered the same, reports favorably 
thereon with an amendment and recommends that the bill, as 
amended, do pass.
    The amendment is as follows:
    On page 1, line 6, insert ``by quitclaim deed'' after 
``convey''.

                         PURPOSE OF THE MEASURE

    The purpose of S. 155 is to convey to the town of Frannie, 
Wyoming, approximately 8/10 of an acre withdrawn by the 
Commissioner of Reclamation.

                          BACKGROUND AND NEED

    The parcel in question was originally withdrawn from the 
public domain by the Commissioner of Reclamation for the 
Frannie Townsite Reservation in 1920. The Bureau of Reclamation 
continues to manage the parcel, though in recent years, the 
town of Frannie has used it for the Wyoming Centennial Garden 
under a special use permit issued by the Bureau. The Bureau of 
Reclamation has determined that it has no further need for the 
parcel and no vested interest in any appurtenances on the 
parcel. The Bureau of Land Management has determined that the 
parcel is no longer suitable for return to the public domain or 
management under the public land and mining laws. In view of 
the fact that the Federal Government has no further need for 
the parcel and the town is currently using the parcel for 
public purposes, the Department found that the conveyance of 
the parcel to the town will be in the public interest.

                          LEGISLATIVE HISTORY

    S. 155 was introduced by Senator Enzi on January 14, 2003. 
The Subcommittee on Public Lands and Forests held a hearing on 
S. 155 on May 5, 2004. At the business meeting on June 16, 
2004, the Committee on Energy and Natural Resources ordered S. 
155, as amended, favorably reported.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on June 16, 2004, by a unanimous vote of a 
quorum present, recommends that the Senate pass S. 155, if 
amended as described herein.

                          COMMITTEE AMENDMENT

    During the consideration of S. 155, the Committee adopted 
an amendment that clarifies the conveyance will be made by a 
quitclaim deed.

                      SECTION-BY-SECTION ANALYSIS

    Section 1(a) directs the Secretary of the Interior to 
convey lands described in subsection (b) to the town of 
Frannie, Wyoming.
    Subsection (b) describes the parcel to be conveyed totaling 
approximately \8/10\ of an acre.
    Subsection (c) reserves mineral rights to the United 
States.
    Subsection (d) revokes a special use permit to the town of 
Frannie, Wyoming, for the site and Secretarial orders with 
respect to the withdrawl for the Shoshone Reclamation Project 
and another for the Frannie Townsite reservation for the lands 
to be conveyed.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 23, 2004.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 155, a bill to 
convey to the town of Frannie, Wyoming, certain land withdrawn 
by the Commissioner of Reclamation.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Julie 
Middleton.
            Sincerely,
                                         Elizabeth Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

S. 155--A bill to convey to the town of Frannie, Wyoming, certain land 
        withdrawn by the Commissioner of Reclamation

    This bill would convey all rights, title, and interest of 
the United States in approximately 37,500 square feet of land 
to the town of Frannie, Wyoming. CBO estimates that 
implementing S. 155 would have no significant impact on the 
federal budget. According to the Bureau of Reclamation, the 
federal land to be conveyed currently generates no significant 
receipts and is not expected to do so over the next 10 years. 
Hence, we estimate that conveying that land would not affect 
offsetting receipts (a credit against direct spending). 
Enacting S. 155 would not affect revenues.
    S. 155 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local or tribal governments. 
Enacting this legislation would benefit the city of Frannie, 
Wyoming.
    The CBO staff contact for this estimate is Julie Middleton. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 155. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 155, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    On May 3, 2004, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 155. These reports 
had not been received at the time the report on S. 155 was 
filed. When the reports become available, the Chairman will 
request that they be printed in the Congressional Record for 
the advice of the Senate. The testimony provided by the Bureau 
of Reclamation at the Subcommittee hearing follows:

Statement of the U.S. Bureau of Reclamation, Department of the Interior

    This statement presents the views of the Department of the 
Interior on S. 155, a bill to require the Secretary of the 
Interior to convey certain land withdrawn by the Commissioner 
of Reclamation consisting of approximately 37,500 square feet 
located in the N\1/2\ of Block 26, T.58 N., R.97 W., to the 
Town of Frannie, Wyoming. This land was originally withdrawn 
from the public domain on April 19, 1920, for reclamation 
purposes and is managed by the Bureau of Reclamation. 
Reclamation has concluded that it does not have any continuing 
project need for the land or any vested interest in or 
ownership of any appurtenances on the land. The Bureau of Land 
Management (BLM) conducted a survey of the land and determined 
that the land is no longer suitable for return to the public 
domain and management under the public land and mining laws.
    The Town of Frannie has title to the S\1/2\ of Block 26, 
the adjacent parcel, which is where the Town Hall is located. 
In addition, pursuant to a Special Use Permit issued by the 
Bureau of Reclamation in 1990, the Town uses the NE\1/4\ of 
Block 26 for the Wyoming Centennial Garden. The Deaver 
Irrigation District (``Deaver'') managed this land for the 
Bureau of Reclamation. Previously, Deaver authorized the 
relocation of a building on the NW\1/4\ of Block 26, which was 
subsequently conveyed to the Town of Frannie and is now being 
used as a meeting hall by the Town.
    S. 155 would direct the Secretary of the Interior to 
convey, without consideration, all right, title, and interest 
of the United States in and to the parcel of land to the Town 
of Frannie. The bill would also revoke the Special Use Permit 
with the Town of Frannie for the Centennial Garden City Park 
and Secretarial Orders issued by the Commissioner of 
Reclamation which withdrew the land for the Shoshsone Project 
in 1913 and the Frannie Townsite Reservation in 1920.
    It is customary for the Department to seek fair market 
value for land proposed for transfer. However, in this case, 
given that the parcel is less than one acre, its value is 
minimal as compared to the costs associated with the process of 
selling it, and the Town currently uses the land for the 
benefit of the public, the Department has determined that it 
can support S. 155, provided that the bill is modified to 
include language that more clearly describes the means by which 
the Secretary would convey this property. Similar legislation 
was passed in 1994 by Title VI of P.L. 103-434, directing the 
Secretary to convey certain lands which are adjacent to the 
lands proposed for transfer under S. 155, by quitclaim deed, to 
the Big Horn County School District. The Department recommends 
that the words ``by quitclaim deed'' be added in subsection (a) 
after ``the Secretary of the Interior shall convey,'' which 
would then read ``the Secretary of the Interior shall convey, 
by quitclaim deed, without consideration, all right, title, and 
interest in the United States in and to the parcel of land 
described in subsection (b) to the Town of Frannie, Wyoming.''
    Thank you for the opportunity to detail the position of the 
Department of the Interior on S. 155.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill S. 155, as ordered 
reported.

                                  
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