[Senate Report 109-46]
[From the U.S. Government Publishing Office]



                                                        Calendar No. 65
109th Congress                                                   Report
                                 SENATE
 1st Session                                                     109-46

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                        LAND IN FRANNIE, WYOMING

                                _______
                                

                 March 30, 2005.--Ordered to be printed

  Filed, under authority of the order of the Senate of March 17, 2005

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 101]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 101) to convey to the town of Frannie, 
Wyoming, certain land withdrawn by the Commissioner of 
Reclamation, having considered the same, reports favorably 
thereon without amendment and recommends that the bill do pass.

                         PURPOSE OF THE MEASURE

    The purpose of S. 101 is to convey to the town of Frannie, 
Wyoming, approximately eight-tenths of an acre of land 
previously withdrawn by the Commissioner of Reclamation.

                          BACKGROUND AND NEED

    The parcel to be conveyed by this Act was originally 
withdrawn from the public domain in 1920 by the Commissioner of 
Reclamation for the Frannie Townsite Reservation. 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. 101 was introduced by Senator Enzi on January 24, 2005. 
At the business meeting on February 16, 2005, the Committee on 
Energy and Natural Resources ordered S. 101 favorably reported. 
A similar bill (S. 155) was introduced by Senator Enzi in the 
108th Congress. The Subcommittee on Public Lands and Forests 
held a hearing on S. 155 on May 5, 2004 (S. Hrg. 108-575). At 
the business meeting on June 16, 2004, the Committee on Energy 
and Natural Resources ordered S. 155 favorably reported (S. 
Rept. 108-302). S. 155 passed the Senate by unanimous consent, 
as amended, on September 15, 2004.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in an open 
business session on February 16, 2005, by a voice vote of a 
quorum present, recommends that the Senate pass S. 101.

                      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 eight-tenths 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.

                                                 February 22, 2005.
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. 101, 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,
                                               Douglas Holtz-Eakin.
    Enclosure.

S. 101--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. 101 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. 101 would not affect revenues.
    S. 101 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. 101. 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. 101, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    The views of the Administration were included in testimony 
received by the Committee at a hearing on S. 155 in the 108th 
Congress on May 5, 2004, as 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 29, 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 law.
    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, 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 Shoshone 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 of 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. 101, as ordered 
reported.

                                  
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