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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 
following:

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.

                            COMMITTEE ACTION

    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 
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 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 
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:

                                     U.S. Congress,
                               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).
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

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 
not apply.
    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 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.