69–007

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 106–68

TO DIRECT THE SECRETARY OF THE INTERIOR TO TRANSFER TO JOHN R. AND MARGARET J. LOWE OF BIG HORN

COUNTY, WYOMING, CERTAIN LAND SO AS TO CORRECT

AN ERROR IN THE PATENT ISSUED TO THEIR PREDECESSORS IN INTEREST

MARCH 17, 1999.—Committed to the Committee of the Whole House and ordered to

be printed

Mr. YOUNG of Alaska, from the Committee on Resources,

submitted the following

REPORT

[To accompany H.R. 510]

[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred the bill

(H.R. 510) to direct the Secretary of the Interior to transfer to John

R. and Margaret J. Lowe of Big Horn County, Wyoming, certain

land so as to correct an error in the patent issued to their predecessors in interest, 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. 510 is to direct the Secretary of the Interior

to transfer to John R. and Margaret J. Lowe of Big Horn County,

Wyoming, certain land so as to correct an error in the patent

issued to their predecessors in interest.

BACKGROUND AND NEED FOR LEGISLATION

There is a confusing history to the 40-acre parcel of land at issue

in H.R. 510 which the Lowe family seeks to have transferred to it.

Apparently, there was an error in a land patent issued by the Bureau of Land Management to the predecessors in interest of the

Lowe family. But there is much evidence that the Lowe’s claim to

the land is justified. For example, the Big Horn County assessor

wrote that based on other entries in the county records, the legal
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description of the land being transferred by the original patent

should have included the 40 acres under consideration. In addition,

the Lowe family, since acquiring the land in 1966, have paid taxes

on the land since that time.

H.R. 510, although not the only alternative the Lowes have in acquiring the 40 acres, is the only alternative that will bring minimal

additional expense to either the Lowe family or the Bureau of Land

Management.

COMMITTEE ACTION

H.R. 510 was introduced on February 2, 1999, by Congresswoman Barbara Cubin (R–WY). The bill was referred to the Committee on Resources, and within the Committee to the Subcommittee on National Parks and Public Lands. On February 25, 1999, the

Subcommittee met to mark up the bill. No amendments were offered and the bill was ordered favorably reported to the Full Committee by voice vote. On March 3, 1999, the Full Resources Committee met to consider the bill. No amendments were offered and

the bill was 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.

3. Government Reform Oversight Findings. Under clause 3(c)(4)

of rule XIII of the Rules of the House of Representatives, the Committee has received no report of oversight findings and recommendations from the Committee on Government Reform on this

bill.

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 Com-
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mittee 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, March 10, 1999.

Hon. DON YOUNG,

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. 510, a bill to direct the

Secretary of the Interior to transfer to John R. and Margaret J.

Lowe of Big Horn County, Wyoming, certain land so as to correct

an error in the patent issued to their predecessors in interest.

If you wish further details on this estimate, we will be pleased

to provide them. The CBO staff contact is Victoria Heid Hall.

Sincerely,

BARRY B. ANDERSON

(For Dan L. Crippen, Director).

Enclosure.

H.R. 510—A bill to direct the Secretary of the Interior to transfer

to John R. and Margaret J. Lowe of Big Horn County, Wyoming, certain land so as to correct an error in the patent issued

to their predecessors in interest

H.R. 510 would direct the Secretary of the Interior, acting

through the Bureau of Land Management, to transfer without consideration about 40 acres of public land in Big Horn County, Wyoming, to John R. and Margaret J. Lowe. The federal government

would retain the mineral interests in the land.

CBO estimates that enacting this bill would have no significant

impact on the federal budget. Because H.R. 510 would not affect direct spending or receipts, pay-as-you-go procedures would not

apply. H.R. 510 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.

On March 10, 1999, CBO prepared a cost estimate for S. 361, a

bill to direct the Secretary of the Interior to transfer to John R. and

Margaret J. Lowe of Big Horn County, Wyoming, certain land so

as to correct an error in the patent issued to their predecessors in

interest, as ordered reported by the Senate Committee on Energy

and Natural Resources on March 4, 1999. The bills are identical,

as are the estimated costs.

The CBO staff contact for this estimate is Victoria Heid Hall.

This estimate was approved by Paul N. Van de Water, Assistant

Director for Budget Analysis.

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates.
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CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law.

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