69–010 

Calendar No. 809 

110TH CONGRESS REPORT " ! SENATE 2d Session 110–377 

MAMMOTH COMMUNITY WATER RESTRICTIONS ACT 

JUNE 16, 2008.—Ordered to be printed 

Mr. BINGAMAN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany H.R. 356] 

The Committee on Energy and Natural Resources, to which was 

referred the Act (H.R. 356) 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, reports favorably thereon with an amendment 

and recommends that the Act, as amended, do pass. 

The amendment is as follows: 

Strike out all after the enacting clause and insert in lieu thereof 

the following: 

SECTION 1. REMOVAL OF CERTAIN RESTRICTIONS ON PROPERTY. 

Notwithstanding Public Law 90–171 (commonly known as the ‘‘Sisk Act’’) (16 

U.S.C. 484a), the approximately 36.25 acres patented to the Mammoth County 

Water District (now known as the ‘‘Mammoth Community Water District’’) by Patent No. 04–87–0038, on June 26, 1987, and recorded in volume 482, at page 516, 

of the official records of the Recorder’s Office, Mono County, California, may be used 

for any public purpose. 

PURPOSE

The purpose of H.R. 356 is to remove certain restrictions on the 

Mammoth Community Water District’s ability to use certain property acquired by the District from the United States. 

BACKGROUND AND NEED

In 1987, the Mammoth Community Water District acquired 

36.25 acres from the Forest Service under the authority of Public 

Law 90–171 (commonly known as the ‘‘Sisk Act’’) (16 U.S.C. 484a). 

By the terms of that Act, the District is restricted to using the conveyed land only for the purposes for which it was used prior to the 


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conveyance: In this case, for wastewater treatment facilities. The 

District has since upgraded its wastewater treatment facilities and 

no longer needs all of the land for that purpose. 

The District has indicated that it may want to lease a portion of 

the land, following appropriate public review and in compliance 

with local, state, and Federal mandates. Several potential uses for 

the property have been presented to the District or otherwise considered by the community, including a mosquito abatement district 

laboratory, a storage facility for search and rescue vehicles and 

equipment, a transit storage/maintenance facility, a centralized 

propane storage facility, and similar uses. 

The Act would permit the District to use the land not only for 

wastewater treatment, but also for other public purposes. 

LEGISLATIVE HISTORY

H.R. 356 was introduced on January 9, 2007, and the House of 

Representatives passed the bill on a voice vote on February 6, 

2007. A similar bill (H.R. 853) was reported by the Committee on 

Resources in the 109th Congress (H. Rept. 109–109) and passed the 

House of Representatives by a voice vote on December 13, 2005. 

Similar bills also were introduced in the 108th (H.R. 4580) and 

107th (H.R. 5222) Congresses. 

The Subcommittee on Public Lands and Forests held a hearing 

on H.R. 356 on May 3, 2007. At its business meeting on May 7, 

2008, the Committee on Energy and Natural Resources ordered 

H.R. 356 favorably reported, with an amendment in the nature of 

a substitute. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in an 

open business session on May 7, 2008, by voice vote of a quorum 

present, recommends that the Senate pass H.R. 356, if amended as 

described herein. 

COMMITTEE AMENDMENT

The amendment recommended by the Committee corrects the 

acreage description and recording citation for the land at issue and 

restricts the District’s use of the land to any public purpose. 

SUMMARY OF H.R. 356

H.R. 356 authorizes the Mammoth Community Water District to 

use the 36.25 acres of land it acquired in 1987 from the Forest 

Service pursuant to the Sisk Act for any public purpose. Specifically, the Act lifts the restriction imposed by the Sisk Act that the 

land be used by the District only for the purposes for which it was 

being used prior to the conveyance and instead permits the land to 

be used for any public purpose, as determined by the Forest Service under Federal law. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 


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H.R. 356—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 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. 356 would authorize the Secretary of 

Agriculture 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 Agriculture, CBO estimates that allowing the proposed change in land 

use would not affect the federal budget. 

H.R. 356 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 Mammoth Community Water District 

and any costs would be incurred voluntarily. 

The CBO staff contact for this estimate is Tyler Kruzich. This estimate was approved by Theresa Gullo, 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 

H.R. 356. 

The Act 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 H.R. 356. 

CONGRESSIONALLY DIRECTED SPENDING

H.R. 356 does not contain any congressionally directed spending 

items, limited tax benefits, or limited tariff benefits as defined in 

rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

The views of the Administration were included in testimony received by the Committee at a hearing on H.R. 356, on May 3, 2007 

(as corrected pursuant to a request by letter from the Forest Service dated July 13, 2007). 

STATEMENT OF MARK REY, UNDER SECRETARY, NATURAL

RESOURCES AND ENVIRONMENT, DEPARTMENT OF AGRICULTURE

Thank you for the opportunity to present our views on 

this bill, which would remove use restrictions included in 

the patent the Mammoth County [California] Water District received when it purchased approximately 36.25 acres 

of land from the U.S. Forest Service [Inyo National Forest] 


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in 1987. The lands were purchased at market value by the 

District for a community sewage treatment facility, which 

up to that time had been authorized under a Forest Service Special Use Permit. The District has since upgraded 

their sewage treatment system, and their aeration ponds 

are no longer necessary. The District wishes to convert 

these ponds to a more suitable community use that would 

be compatible with the adjacent sewage treatment facility, 

but the use restriction must first be lifted. 

The Department supports the bill. 

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 Act H.R. 356 as ordered reported. 

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