90TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session

{ No. 1878

REPORT

AUTHORIZING THE SECRETARY OF THE INTERIOR TO EXCHANGE CERTAIN LANDS IN SHASTA COUNTY, CALIF.

SEPTEMBER 10, 1968.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Mr. JOHNSON of California, from the Committee on Interior and Insular Affairs, submitted the following

REPORT

[To accompany H.R. 8781]

The Committee on Interior and Insular Affairs, to whom was referred the bill (H.R. 8781) to provide for the exchange of certain lands in Shasta County, Calif., having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.

The amendment is as follows:

Strike out all after the enacting clause and insert the following language:

That the Secretary of the Interior is authorized to convey to the Summit City Public Utility District, Shasta County, California, approximately 7.24 acres, more or less, and to accept from the district in exchange therefor 5.91 acres, more or less, of land located in Section 26, Township 33 North, Range 5 West, Mount Diablo Meridian, Shasta County, California, and further identified in the records of the Bureau of Reclamation, Department of the Interior, as parcels A and B, respectively. The properties so exchanged either shall be approximately equal in fair market value or if they are not approximately equal, shall be equalized by the payment of cash to the district or to the Secretary as required: Provided, That the Secretary shall order appraisals made of the fair market value of both parcels of land without consideration for any improvements thereon, with said appraisals to constitute final determinations of value: Provided further, That any cash payment received by the Secretary shall be credited to the funds available for construction or operation and maintenance of the Central Valley project and any disbursements made by him shall be made from said funds.

Amend the title so as to read:

A bill to authorize the Secretary of the Interior to exchange certain lands in Shasta County, California, and for other purposes.

PURPOSE

H.R. 8781, introduced by Mr. Johnson of California, authorizes the Secretary of the Interior to convey to the Summit City Public Utility District approximately 7.2 acres of land in Shasta County, Calif., in exchange for conveyance to the United States by the district of approximately 5.9 acres.

The purpose and need for this exchange is to provide for the continued use as a Little League ball park of that parcel which is presently leased by the district but owned by the United States.

NEED

There is no authority in reclamation law whereby this land exchange can be carried out; therefore, specific legislation is needed.

COST

There is no cost to the United States involved in the enactment of this legislation.

DISCUSSION

Both of the two small parcels of land involved in this legislation were originally acquired by the United States as part of a larger tract for use in the connection with cor struction of Shasta Dam, a feature of the Central Valley project. The parcel presently owned by the Summit City Public Utility District was acquired from the United States in 1954. This parcel is presently unimproved. The other parcel which is presently owned by the United States is leased to the district and has been developed for use as a Little League ballpark. The district desires to reconvey to the United States title to the unimproved parcel which it owns and to receive in exchange title to the parcel which it is presently using under a short-term lease as a Little League ballpark.

The land to be reconveyed to the United States is adjacent to other Government-owned property which is being held for possible use as a part of the Central Valley project and is considered as desirable for Government use as the land to be exchanged for it. H.R. 8781 provides that any difference in the value of the properties to be exchanged shall be accounted for by a cash payment to the United States or to the district as required. The most recent appraisal of the two parcels indicates that they have approximately the same value. However, under this legislation, an up-to-date appraisal must be made before the exchange takes place.

COMMITTEE AMENDMENT

The committee adopted an amendment recommended by the Department of the Interior which identifies the two parcels by reference to records of the Bureau of Reclamation rather than by a metes and bounds description in the legislation. This avoids the possibility of an error in land description.

DEPARTMENT REPORT

The report of the Department of the Interior on H.R. 8781, recommending its enactment with an amendment, follows:

U.S. DEPARTMENT OF THE INTERIOR,

Hon. WAYNE N. ASPINALL,

OFFICE OF THE SECRETARY, Washington, D.C., July 19, 1968.

Chairman, Committee on Interior and Insular Affairs,

House of Representatives, Washington, D.C.

DEAR MR. CHAIRMAN: This responds to your request for the views of this Department on H.R. 8781, a bill to provide for the exchange of certain lands in Shasta County, Calif.

We recommend that the language of the enclosed draft bill be substituted for the present language of H.R. 8781, and that the bill be enacted.

H.R. 8781 authorizes the Secretary of the Interior to convey to the Summit City Public Utility District approximately 7.1 acres of land in Shasta County, Calif., in exchange for conveyance to the United States of approximately 5.9 acres by the district. The bill provides that the values of the exchanged properties either be approximately equal or that they be equalized by payment of money.

In 1954, a parcel of land previously acquired by the United States in the course of construction of Shasta Dam, Central Valley project, California, was conveyed to Summit City Public Utility District at a consideration of $367.50. The district now wishes to reconvey to the United States that portion of the tract identified as parcel B in the bill, in exchange for other lands identified in the bill as parcel A, one of which parcels is required to serve current program purposes. This will benefit the district by providing it title to parcel A which is now owned by the United States and which is now under a short-term lease from this Department to the district for use as a Little League baseball park. The surface of parcel A has been leveled for such use and a small refreshment stand and bleachers have been erected by the district. The land to be reconveyed to the United States is adjacent to other Government-owned property and will be held by the United States for use as a part of the Central Valley project. There is no authority in reclamation law whereby title may be conveyed to the district. Therefore, this special legislation is needed.

Our draft bill provides authority to convey the two parcels and substitutes identification by reference to records of the Bureau of Reclamation of this Department for the metes and bounds description in H.R. 8781. This avoids the possibility of an error in land description. The existing lease of parcel A provides that improvements placed upon the land by the district shall become the property of the United States if not removed when the lease expires. Parcel B is unimproved. In view of the fact that the present lease will terminate upon conveyance of title and by its terms, the improvements, consisting of the refreshment stand and bleachers, were constructed by the district and will continue in use, our substitute bill provides that an appraisal

be made at the order of the Secretary and that the improvements not be considered in estimating the value of the tracts. Department staff appraisers will estimate the current fair market value of the two parcels proposed for exchange.

It has been determined the sizes of the two tracts vary somewhat from those stated in the bill. Thus, in our draft bill parcel A is described as being approximately 7.24 acres and parcel B as approximately 5.91 acres.

There is an apparent encumbrance on the district's title to parcel B. In 1958, a right-of-way across parcel B was conveyed to Shasta County by the Summit City Public Utility District, contrary to the reverter clause in the 1954 deed from the Federal Government which specified that title to the property revert to the United States, at the option of the Secretary of the Interior, in the event it was not used for public purposes for a period of at least 20 years. Therefore, although the conveyance was for a public, not a private, purpose, it did violate the terms of the 1954 conveyance to the district. The Department will correct this situation by confirming the right-ofway conveyance to the county after the conveyances provided in the bill are completed.

The Bureau of the Budget has advised that there is no objection to the presentation of this report from the standpoint of the administration's program.

Sincerely yours,

KENNETH HOLUM, Assistant Secretary of the Interior.

A BILL To authorize the Secretary of the Interior to exchange certain lands in Shasta County, California, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is authorized to convey to the Summit City Public Utility District, Shasta County, California, approximately 7.24 acres, more or less, and to accept from the district in exchange therefor 5.91 acres. more or less, of land located in section 26, township 33 north, range 5 west, Mount Diablo meridian, Shasta County, California, and further identified in the records of the Bureau of Reclamation, Department of the Interior, as parcels A and B, respectively. The properties so exchanged either shall be approximately equal in fair market value. or if they are not approximately equal, shall be equalized by the payment of cash to the district or to the Secretary as required: Provided, That the Secretary shall order appraisals made of the fair market value of both parcels of land without consideration for any improvements thereon, with said appraisals to constitute final determinations of value: Provided further, That any cash payment received by the Secretary shall be credited to the funds available for construction or operation and maintenance of the Central Valley project and any disbursements made by him shall be made from said funds.

COMMITTEE RECOMMENDATION

The Committee on Interior and Insular Affairs in the House of Representatives recommends enactment of H.R. 8781 as amended.

90TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session

REPORT

{No. 1879

CONVEYING TO THE CITY OF KENAI, ALASKA, ALL INTERESTS OF THE UNITED STATES IN CERTAIN LAND LOCATED THEREIN

SEPTEMBER 10, 1968.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Mr. BARING, from the Committee on Interior and Insular Affairs, submitted the following

REPORT

[To accompany H.R. 17609]

The Committee on Interior and Insular Affairs, to whom was referred the bill (H.R. 17609) to convey to the city of Kenai, Alaska, all interests of the United States in certain land located therein, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.

The amendment is as follows:

Strike out all after the enacting clause and insert the following language:

That the Secretary of the Interior is authorized and directed to convey to the city of Kenai, Alaska, a municipal corporation organized under the laws of the State of Alaska, all right, title, and interests which the United States has, excepting, however, all oil and gas deposits, together with the right to prospect for, mine, and remove the same, in lot 18, section 5, township 5 north, range 11 west, Seward meridian (tract C, Étolin subdivision), containing 1.88 acres, more or less, upon the condition that if said tract is sold by the city of Kenai, proceeds received from such sale shall be used for the construction and maintenance of a public health facility within the city limits.

Amend the title so as to read:

A bill to authorize the Secretary of the Interior to convey to the city of Kenai, Alaska, interests of the United States in certain land.

The purpose of H.R. 17609, as amended and approved by the committee, is to authorize the Secretary of the Interior to convey to the city of Kenai, Alaska, all right, title, and interest of the United States, excepting oil and gas deposits, in 1.88 acres of land upon the condition that any proceeds from the sale of the tract shall be used. for the construction and maintenance of an alternate public health facility. H.R. 17609 was introduced by Mr. Pollock.