19–006 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 112–433 

MODIFICATION OF LAND GRANT PATENT ISSUED BY 

SECRETARY OF THE INTERIOR 

APRIL 16, 2012.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. HASTINGS of Washington, from the Committee on Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 404] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (S. 404) to modify a land grant patent issued by the Secretary 

of the Interior, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. 

PURPOSE OF THE BILL

The purpose of S. 404 is to modify a land grant patent issued by 

the Secretary of the Interior. 

BACKGROUND AND NEED FOR LEGISLATION

On September 23, 1998, the Secretary of the Interior issued a 

land patent (U.S. Patent Number 61–98–0040) to the Great Lakes 

Shipwreck Historical Society for ownership of several acres of land 

on Whitefish Point, a 43-acre spit of land jutting into Lake Superior. The land, which contains the historic Whitefish Point Lighthouse, was transferred to the Historical Society for the purpose of 

interpreting maritime history. On March 10, 2000, the Secretary 

reissued the Historical Society’s land patent (U.S. Patent Number 

61–2000–0007) to correct an error in the original conveyance. 

Following the conveyance of the Whitefish Point property, a dispute between the Michigan Audubon Society, which owns land on 

Whitefish Point, and the Historical Society over the management 

of Whitefish Point led to a lawsuit in 1999. The resulting settlement agreement led to the development of a management plan for 


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Whitefish Point in 2002, titled Human Use/Natural Resource Management Plan for Whitefish Point. 

The reissued land patent, 61–2000–0007, does not reference the 

Human Use/Natural Resource Management Plan for Whitefish 

Point or the settlement agreement between the Michigan Audubon 

Society and the Great Lakes Shipwreck Historical Society that 

modify the use of the patented land. S. 404 will correct this by directing the Secretary of the Interior to modify the patent to reflect 

the current management plan to allow proposed development plans 

to go forward. 

COMMITTEE ACTION

S. 404 was introduced on February 17, 2011, by Senator Carl 

Levin (D–MI). On October 18, 2011, the bill passed the Senate by 

unanimous consent. The bill was then referred to the House Committee on Natural Resources, and within the Committee to the 

Subcommittee on National Parks, Forests and Public Lands. On 

January 24, 2012, the Subcommittee held a hearing on the House 

companion bill, H.R. 3411, sponsored by Congressman Dan 

Benishek (R–MI). On February 29, 2012, the Full Natural Resources Committee met to consider S. 404. The Subcommittee on 

National Parks, Forests and Public Lands was discharged by unanimous consent. No amendments were offered to the bill and the bill 

was then 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 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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: 

S. 404—An act to modify a land grant patent issued by the Secretary of the Interior 

S. 404 would amend an existing land grant patent to ratify a 

change in the use of the Whitefish Point Light Station in Michigan 

and related property covered by that patent. (A land grant patent 

is a method of conveying ownership of land.) Based on information 

provided by the Department of the Interior, CBO estimates that 

implementing S. 404 would have no effect on the federal budget. 


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The ratification would enable development plans for the property 

to go forward, but those plans do not involve federal spending. The 

Light Station was conveyed by the federal government to two nonprofit organizations in 1996. Enacting S. 404 would not affect direct spending or revenues; therefore, pay-as-you-go procedures do 

not apply. 

The legislation contains no intergovernmental or private-sector 

mandates as defined in the Unfunded Mandates Reform Act and 

would not affect the budgets of state, local, or tribal governments. 

On August 1, 2011, CBO transmitted a cost estimate for S. 404, 

a bill to modify a land grant patent issued by the Secretary of the 

Interior, as ordered reported by the Senate Committee on Energy 

and Natural Resources on July 14, 2011. The two versions of the 

legislation are similar, and the CBO cost estimates are the same. 

The CBO staff contact for this estimate is Jeff LaFave. The estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

2. Section 308(a) of 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. Based on information provided by the Department of the Interior, CBO estimates that implementing S. 404 

would have no effect on the federal budget. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to modify a land grant patent issued by the Secretary 

of the Interior. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates as defined under Public 

Law 104–4. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any local or tribal law. 

CHANGES IN EXISTING LAW

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

Æ 


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