[House Report 109-109]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-109

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

 
REMOVING CERTAIN RESTRICTIONS ON THE MAMMOTH COMMUNITY WATER DISTRICTS 
  ABILITY TO USE CERTAIN PROPERTY ACQUIRED BY THAT DISTRICT FROM THE 
                             UNITED STATES

                                _______
                                

  June 8, 2005.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 853]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 853) to remove certain restrictions on the Mammoth 
Community Water District's ability to use certain property 
acquired by that District from the United States, 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. 853 is to remove certain restrictions 
on the Mammoth Community Water District's ability to use 
certain property acquired by that District from the United 
States.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 853 removes restrictions on the Mammoth Community 
Water District's ability to use certain property acquired by 
that District from the U.S. Forest Service. Specifically, H.R. 
853 would allow specified land conveyed to the District in Mono 
County, California, to be used for purposes other than the 
purposes for which the land was being used prior to the 
conveyance. The bill removes this impediment to the District's 
ability to use its property to meet its current and future 
needs and those of the nearby community.
    In 1987, the District acquired 25 acres from the U.S. 
Forest Service under Public Law 90-171. The District occupied 
these lands under a special use permit for many years prior to 
the conveyance, using the lands for administrative offices and 
wastewater treatment operations. Under Public Law 90-171, the 
District acquired the lands with the condition that they be 
used only for the purposes for which they were being used prior 
to the time of conveyance. Of the 25 acres acquired by the 
District, the District continues to use approximately 13 acres 
for its offices and wastewater treatment facilities. The other 
12 acres were used for material storage, but are no longer 
needed for that purpose. Because of the conditions imposed by 
Public Law 90-171, the District is unable to utilize these 12 
acres for other purposes needed by the District and the Mammoth 
Lakes community. The District has worked with the Forest 
Service to change the use of the 12 acres, but the Forest 
Service has informed the District that Congressional 
authorization is necessary to implement the change. The area in 
question is within the existing city limits and would not 
affect the outlying area. Prior to implementation, an 
environmental impact review would be conducted to ensure 
compliance with appropriate mandates.

                            COMMITTEE ACTION

    H.R. 853 was introduced February 16, 2005, by Congressman 
Howard P. ``Buck'' McKeon R-CA). The bill was referred to the 
Committee on Resources, and within the Committee to the 
Subcommittee on Water and Power. On May 18, 2005, the Full 
Resources Committee met to consider the bill. The Subcommittee 
was discharged from further consideration of the bill by 
unanimous consent. No amendments were offered and the bill was 
ordered favorably reported to the House of Representatives by 
unanimous consent.

            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 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 
revenues or tax expenditures.
    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:

H.R. 853--A bill to remove certain restrictions on the Mammoth 
        Community Water District's ability to use certain property 
        acquired by that district from the United States

    In 1987, the federal government conveyed 25 acres of land 
in California to the Mammoth Community Water District. Under 
the terms of that conveyance, if the district uses the land for 
some purpose other than treating wastewater or storing 
materials, ownership reverts to the federal government. H.R. 
853 would authorize the Secretary to release the federal 
government's reversionary interest in the land to allow the 
district to use the land for other public purposes.
    Based on information from the Department of the Interior, 
CBO estimates that allowing the proposed change in land use 
would not affect the federal budget. H.R. 853 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 bill would 
benefit the Mammoth Community Water District; any costs that it 
might incur in association with enactment would be incurred 
voluntarily.
    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.

                                  
