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107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-574
CALIFORNIA FIVE MILE REGIONAL LEARNING CENTER TRANSFER ACT
July 15, 2002.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. Hansen, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 3401]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3401) to provide for the conveyance of Forest Service
facilities and lands comprising the Five Mile Regional Learning
Center in the State of California to the Clovis Unified School
District, to authorize a new special use permit regarding the
continued use of unconveyed lands comprising the Center, and
for other purposes, 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 all after the enacting clause and insert the
SECTION 1. SHORT TITLE.
This Act may be cited as the ``California Five Mile Regional Learning
Center Transfer Act''.
SEC. 2. LAND CONVEYANCE AND SPECIAL USE AGREEMENT, FIVE MILE REGIONAL
LEARNING CENTER, CALIFORNIA.
(a) Conveyance.--The Secretary of Agriculture shall convey to the
Clovis Unified School District of California all right, title, and
interest of the United States in and to a parcel of National Forest
System land consisting of 27.10 acres located within the southwest 1/4
of section 2, township 2 north, range 15 east, Mount Diablo base and
meridian, California, which has been utilized as the Five Mile Regional
Learning Center by the school district since 1989 pursuant to a special
use permit (Holder No. 2010-02) to provide natural resource
conservation education to California youth. The conveyance shall
include all structures, improvements, and personal property shown on
original map #700602 and inventory dated February 1, 1989.
(b) Special Use Agreement.--As soon as practicable after the date of
the enactment of this Act, the Secretary shall enter into negotiations
with the Clovis Unified School District to enter into a new special use
permit for the approximately 100 acres of National Forest System land
that, as of the date of the enactment of this Act, is being used by the
school district pursuant to the permit described in subsection (a), but
is not included in the conveyance under such subsection.
(c) Reversion.--In the event that the Clovis Unified School District
discontinues its operation of the Five Mile Regional Learning Center,
title to the real property conveyed under subsection (a) shall revert
back to the United States.
(d) Costs and Mineral Rights.--The conveyance under subsection (a)
shall be for a nominal cost. Notwithstanding such subsection, the
conveyance does not include the transfer of mineral rights.
PURPOSE OF THE BILL
The purpose of H.R. 3401 is to provide for the conveyance
of Forest Service facilities and lands comprising the Five Mile
Regional Learning Center in the State of California to the
Clovis Unified School District, to authorize a new special use
permit regarding the continued use of unconveyed lands
comprising the Center, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
Clovis Unified School District (CUSD) currently has a
Special Use Permit that allows them to operate the Five Mile
Regional Learning Center (RLC) which is located on 27.1 acres
of National Forest System land within the Mi Wok Ranger
District of the Stanislaus Forest.
RLC is an outdoor education center that serves several
thousand elementary school students from throughout the State
of California. They offer classes that range from forest to
raptor studies, focusing on natural resource conservation. In
addition, the facilities are also used for athletic and
leadership camps on weekends and throughout the summer. In the
last few years, the RLC has experienced a significant amount of
growth and is now using an additional 100 acres that is
adjacent to the 27.1 acres.
In 1969 the Fresno County Office of Education began the
operation of RLC. In 1989 CUSD took over and has been operating
it ever since. The federal government has not played a role in
the operation or maintenance of the facilities or of the
educational programs. The Forest Service allows CUSD the use of
the facilities and land, and monitors the program ensuring that
the permit requirements are adhered to.
The Forest Service hasn't funded or appropriated money to
maintain or operate the facilities and CUSD is not allowed to
use District or State money on capital improvements without a
transfer of ownership. CUSD spends on average more than one
million dollars per year on the operation and maintenance cost
under the existing permit and plans on investing five million
dollars over the next five years for capital improvements and
renovation to the existing facilities.
H.R. 3401 in no way alters existing environmental law.
Clovis Unified is willing to undertake the stewardship
responsibility of the land and be subject to all existing
environmental laws in the U.S.
H.R. 3401 was introduced on December 4, 2001 by
Representative George Radanovich. The bill was referred to the
Committee on Resources, and within the Committee to the
Subcommittee on Forests and Forest Health. On June 26, 2002,
the Subcommittee discharged the bill to the Full Resources
Committee. On June 26, 2002, the Full Resources Committee met
to consider the bill. Mr. Radanovich offered an amendment. The
language in the amendment is taken directly from the Education
Land Grant Act, which this Committee passed in the 106th
Congress and is now public law. In discussions with the Forest
Service, this nominal fee would likely be $10 per acre. It was
adopted by unanimous consent. The bill, as amended was then
ordered favorably reported to the House of Representatives by
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 of the Constitution of the United
States grants 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
revenues or tax expenditures.
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
Congressional Budget Office,
Washington, DC, July 11, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3401, the
California Five Mile Regional Learning Center Transfer Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Megan
Carroll (for federal costs) and Marjorie Miller (for the state
and local impact).
Barry B. Anderson
(For Dan L. Crippen, Director).
H.R. 3401--California Five Mile Regional Learning Center Transfer Act
H.R. 3401 would direct the Secretary of Agriculture to
convey about 27 acres of national forest land in California to
the Clovis Unified School District for a nominal sum. CBO
estimates that enacting this bill would have no significant
impact on the federal budget. H.R. 3401 would not affect direct
spending or receipts; therefore, pay-as-you-go procedures would
The school district has operated an outdoor education
center on this land for several years under a special use
permit issued by the Forest Service. Based on information from
the Forest Service, CBO expects that, under current law, the
agency would use its authority under the Education Land Grant
Act to convey the land to the school district in exchange for a
payment of less than $500,000. According to the agency, the
conveyance would probably occur sooner under H.R. 3401 than
under current law, but the terms of the conveyance specified by
the bill would be similar to those that otherwise would apply.
The land currently generates no significant offsetting receipts
and is not expected to do so over the next 10 years. Hence, CBO
estimates that implementing H.R. 3401 would have no significant
impact on the federal budget.
H.R. 3401 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 the Clovis Unified
School District by allowing them to obtain title to this
property at a nominal cost.
The CBO staff contacts for this estimate are Megan Carroll
(for federal costs) and Marjorie Miller (for the state and
local impact). 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