1950 Act. The building on this site was used for a school for a period of time after which the city converted it into a health center. After the health center became obsolete, the facility was used as a “teen center." Subsequently, the building was condemned by the fire department. The city has indicated that this land is in a residential area. and is no longer accessible or adequate for public use. The city would like to sell the land and facility and use the receipts to construct a building or purchase land to be used for public purposes in perpetuity. The land in question, approximately 30,746 square feet, consists of several tracts, all conveyed to the City of Haines pursuant to the Act of August 23, 1950. SECTION-BY-SECTION ANALYSIS Section 1 authorizes the Secretary of the Interior to issue a new patent to the City of Haines, Alaska, for the lands described in the section, without the use restriction contained in the original patent, which required that the land conveyed be used for schools or other public purposes. The new patent is required to contain all other reservations to the United States contained in the Act of August 23, 1950 (64 Stat. 470). Section 2 provides that no conveyance shall be made under the authority of the Act unless the City of Haines (a) sells the lands and improvements described in section 1 at not less than fair market value; (b) uses the proceeds from the sale to acquire property for schools or other public purposes; and (c) pays over to the United States any amounts by which the proceeds from the sale of the land and improvements described in section 1 exceed the cost of any property purchased. Section 3 provides that, if the requirements of section 2 are met, the Secretary shall enter into an agreement with the City of Haines whereby the city agrees that the title to any property acquired by the city with the proceeds of the sale of the lands described in the bill will vest in the United States if the property ever ceases to be used for schools or other public purposes. The city also is required to execute a deed to this effect to any such property acquired by it and to deliver the deed to the Secretary within 90 days after acquiring such property. COST Enactment of S. 1365, as amended, will not result in any expenditure of Federal funds. BUDGET ACT COMPLIANCE Enactment of the proposed legislation would have no Federal budget impact. INFLATIONARY IMPACT Since only a minor land conveyance is involved in S. 1365, no inflationary impact will result from its enactment. OVERSIGHT STATEMENT No recommendation has been submitted to the Committee pursuant to Rule X. clause 2 (b) (2). H.R. 1606 COMMITTEE RECOMMENDATION The Committee on Interior and Insular Affairs, by a voice vote, ordered the bill reported to the House with a recommendation that it be approved. DEPARTMENTAL REPORT By letter, dated September 16, 1976, the Department of the Interior reported that it had no objection to enactment of S. 1365. The complete text of the report follows: U.S. DEPARTMENT OF THE INTERIOR, Hon. JAMES A. HALEY, OFFICE OF THE SECRETARY, Washington, D.C., September 16, 1976. 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 S. 1365, in the House of Representatives, an act "To authorize the Secretary of the Interior to convey to the city of Haines, Alaska, interests of the United States in certain lands." We have no objection to enactment of S. 1365 as passed by the Senate. S. 1365 would direct the Secretary of the Interior to issue a new patent or deed to the city of Haines, Alaska, for certain lands and improvements described therein, but would reserve the mineral interests to the United States. No conveyance of such land would be made unless the City makes certain assurances to the satisfaction of the Secretary. Further, after such assurances are made, and as consideration for the conveyance, the City will agree that any alternate property acquired will vest in the United States if such new property is not used for publie purposes. The land in question, about 30,746 square feet, consists of several tracts, all conveyed to the city of Haines pursuant to the Act of August 23, 1950 (64 Stat. 470). The Act of August 23, 1950 (64 Stat. 470) directs the Secretary to convey to local officials all right, title, and interest of the United States to any parcels and improvements thereon for school or other public purposes, whenever he determines that the lands or improvements are no longer required by the Alaska Native Service (now the Bureau of Indian Affairs) for school purposes. All such conveyances have to reserve minerals to the United States, together with the rights to prospect for and remove them under the Secretary's regulations. In addition, any such conveyance has to provide that the lands and improvements can be used for school and public purposes only, and that the school facilities must be available to all Native children. Finally, it provides that if the Secretary determines that the grantee has failed to observe the foregoing restrictions for a period of at least one year, he may declare a forfeiture of the grant, and the lands and improvements would revert to the United States to become a part of the public domain. A deed for the land described in S. 1365 was issued to the city of Haines on March 19, 1953. It quitclaimed the land to the City subject to all "terms, conditions, and limitations and reservations" in the 1950 H.R. 1606 Act. The building on this site was used for a school and then the City converted it into a health center. After the health center became obsolete, this facility was used as a teen center. Subsequently, the building was condemned by the fire department. The City has indicated that this land is in a residential area, and no longer accessible or adequate for public use. The City would like to sell the land and facility. Further the City has indicated that it would use the receipts to construct a building or purchase land to be used for public purposes in perpetuity. Conveyance of the land in question would not affect any programs or operations of this Department. We know of no expression of interest in the land by other parties, and do not, at this time, think that it would be suitable for return to the public domain. Thus, if the property reverts to the United States it would, in all likelihood, undergo routine procedures for the disposal of surplus property under regulations of the General Services Administration. The purpose of the legislation under which the subject tract was patented was to provide land for public purposes, not to provide a source of private profit or municipal revenue. The 1950 Act and the patent thereunder are broad, in that the lands may be used for any public purposes. We believe it would be preferable for the land to revert to the U.S. and be disposed of through routine GSA procedures. However, in recognition of the City's land use planning objectives and needs, we would not object to enactment of S. 1365, as passed by the Senate. On February 25, 1976, this Department transmitted a report to the Senate Committee on Interior and Insular Affairs on S. 1365 as introduced. We stated that we would have no objection to enactment of the bill if amended to reserve the mineral interests to the U.S., and to preserve the Federal interest in land in Haines. The Senate incorporated our amendments when it passed S. 1365. We would note that the State and City may also wish to examine the possibility of reconveyance of the property to the United States, and subsequent selection by the State for the purpose of reconveying the land to the City without any reversionary restriction or requirements. The Office of Management and Budget has advised that there is no objection to the presentation of this report from the standpoint of the Administration's program. Sincerely yours, JOHN KYL, Assistant Secretary of the Interior. H.R. 1606 MAGISTRATE SALARIES AND MAGISTRATE SEPTEMBER 17, 1976.-Committee to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. DANIELSON, from the Committee on the Judiciary, REPORT [To accompany S. 2923] [Including cost estimate of the Congressional Budget Office] The Committee on the Judiciary, to whom was referred the bill (S. 2923) to amend title 28 of the United States Code to provide that full-time United States magistrates shall receive the same compensation as full-time referees in bankruptcy and to adjust the salary of part-time magistrates, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: Page 2, after line 7, insert the following: SEC. 2. Section 631 of title 28 of the United States Code is amended (1) in the first sentence of subsection (a), by inserting "and the district court of the Virgin Islands" immediately after "United States district court"; (2) by inserting immediately after the first sentence. of subsection (a) the following: "In the case of a magistrate appointed by the district court of the Virgin Islands, this chapter shall apply as though the court appointing such magistrate were a United States district court."; and (3) in subsection (b) (1) (B), by inserting immediately before the semicolon the following: ", and in the Virgin Islands of the United States, a member in good standing of the bar of the district court of the Virgin Islands". H.R. 1607 PURPOSE The bill has two purposes. The first is to amend title 28 of the United States Code to provide that full-time U.S. Magistrates shall receive the same compensation as full-time referees in bankruptcy and to adjust the salary of part-time magistrates. The second purpose, as incorporated in the amendment adopted by the Committee, is to amend title 28 of the United States Code to authorize the establishment of U.S. Magistrate positions in the district court of the Virgin Islands. STATEMENT The magistrate system was established by the 90th Congress (Public Law 90-578) to assist judges in their many duties. For the past five years the program has developed so that magistrates increasingly are being assigned additional projects and are a highly respected group of judicial officers. Even if new judgeships are created, the need for competent magistrates will still be a very great one. See, Report of the Comptroller General on Magistrates, No. B133322 (Sept. 19, 1974). For example, recent implementation of the Speedy Trial Act of 1974 (Public Law 93-619) will increase the time pressures on judges. The assistance of magistrates in pretrial matters will be very essential to keep pace with the requirements of that act. S. 1283 which has also been reported favorably from the Committee on the Judiciary would clarify and expand magistrates' duties. It is appropriate and necessary that the position of magistrate attract a competent group of judicial officers. In the past it has, and it is expected to continue, attracting bright lawyers who are eager to serve the public. However, the recent ceiling on magistrate salaries has created a hardship for magistrates, many of whom have family responsibilities, and who have left more lucrative positions. The present salary of a full-time magistrate is $31,500. Prior to the recent passage of Public Law 94-217 (Feb. 27, 1976) which increased full-time bankruptcy referees to a salary of $37,800 per annum, the salaries of bankruptcy referees and magistrates were on a parity. The Judicial Conference expressed its support for that continued parity and refused to raise the bankruptcy referees' salaries above that of magistrates. and wanted both to be raised simultaneously. Public Law 94-217 removed the bankruptcy referees salaries from the Conference's discretion. At hearings in the Senate and in the House Judiciary Subcommittee on Courts, Civil Liberties and the Administration of Justice, the Administrative Office of the U.S. Courts speaking for the Judicial Conference, continued to stress that parity between the two judicial officers was important. Presently approximately six magistrate positions remain unfilled, largely due to inability to recruit a competent lawyer at that salary level. The attrition rate has disturbed the Judicial Conference, which has continually urged an increase in magistrate's salaries, irrespective of whether judges' salaries are increased. 1 June 20 and July 18, 1975. Hearings on H.R. 6150. H.R. 1607 |