49–006 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 109–287 

TO REMOVE CERTAIN USE RESTRICTIONS ON PROPERTY 

LOCATED IN NAVAJO COUNTY, ARIZONA 

NOVEMBER 10, 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. 1436] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Resources, to whom was referred the bill 

(H.R. 1436) to remove certain use restrictions on property located 

in Navajo County, Arizona, 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. 1436 is to remove certain use restrictions on 

property located in Navajo County, Arizona. 

BACKGROUND AND NEED FOR LEGISLATION

In 1979, the City of Winslow, Arizona, with the help of a grant 

obtained through the Land and Water Conservation Fund, purchased 123 acres of land and developed the Hospitality Golf Park. 

For reasons including poor turf growth and a lack of patronage, the 

golf course has become an economic drain on the City. The expense 

of course upkeep became so high that the City was forced to cease 

operation of the course in 2003. 

Under the terms of the Land and Water Conservation Fund 

agreement, the City has been told that it must maintain this land 

for public recreation purposes. For nearly ten years the City has 

worked within the legislated process to strike an adequate land 

substitution agreement to use the 123 acres of centrally located 

land in the best interest of its residents. Due to uncertain land asVerDate Aug 31 2005 09:00 Nov 14, 2005 Jkt 049006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6601 E:\HR\OC\HR287.XXX HR287
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sessment estimations and limited funds, the City has been unable 

to reach an agreement with the Department of the Interior. 

This legislation will give the City the flexibility it needs to make 

economic use of the land by allowing it to be used for nonrecreational purposes. 

COMMITTEE ACTION

H.R. 1436 was introduced on March 17, 2005, by Congressman 

Rick Renzi (R–AZ). The bill was referred to the Committee on Resources, and within the Committee to the Subcommittee on National Parks. On September 29, 2005, the Subcommittee held a 

hearing on the bill. On October 19, 2005, the full Committee on Resources 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, 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 tax expenditures. According 

to the Congressional Budget Office, enactment of this bill would increase offsetting receipts and direct spending, but ‘‘any net change 

in direct spending would be negligible.’’ 

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: 

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H.R. 1436—A bill to remove certain use restrictions on property located in Navajo County, Arizona 

H.R. 1436 would allow about 123 acres of land in Arizona to be 

sold or used for purposes other than recreation by Navajo County. 

The county used a grant from the Land and Water Conservation 

Fund to purchase this property in 1979; under the terms of that 

grant, the site must be used for recreational purposes. Allowing the 

county to dispose of the property or use it for other purposes would 

have no effect on the Federal budget. Enacting H.R. 1436 would 

not affect Federal revenues or direct spending. 

H.R. 1436 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 Navajo County. 

The CBO staff contact for this estimate is Deborah Reis. 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. 

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