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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 assessment 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:

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.