[House Report 112-433]
[From the U.S. Government Publishing Office]
112th Congress } { Report
2d Session } HOUSE OF REPRESENTATIVES { 112-433
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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
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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 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. 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.