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109th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 109-287
TO REMOVE CERTAIN USE RESTRICTIONS ON PROPERTY LOCATED IN NAVAJO
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.
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
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
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
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
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
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
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing