[Congressional Record Volume 148, Number 126 (Tuesday, October 1, 2002)]
[House]
[Page H6872]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            EDUCATION LAND GRANT CONVEYANCE REVIEW COST ACT

  Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3802) to amend the Education Land Grant Act to require the 
Secretary of Agriculture to pay the costs of environmental reviews with 
respect to conveyances under that Act, as amended.
  The Clerk read as follows:

                               H.R. 3802

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. COSTS OF REVIEWS FOR CONVEYANCES UNDER EDUCATION 
                   LAND GRANT ACT.

       Section 202 of the Education Land Grant Act (16 U.S.C. 
     479a) is amended by adding at the end the following:
       ``(f) Costs of Review.--The Secretary shall pay the costs 
     of all action required under section 102(2)(C) of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 
     4332(2)(C)) with respect to any conveyance under this 
     section.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Hansen) and the gentlewoman from the Virgin Islands (Mrs. 
Christensen) each will control 20 minutes.
  The Chair recognizes the gentleman from Utah (Mr. Hansen).
  Mr. HANSEN. Mr. Speaker, the bill, H.R. 3802, was introduced by the 
gentleman from Arizona (Mr. Hayworth), and I yield such time as he may 
consume to the gentleman to explain this legislation.
  Mr. HAYWORTH. Mr. Speaker, I thank the gentleman from Utah for 
yielding me this time. He has done an outstanding job as chairman of 
the Committee on Resources and we shall miss him very much in that 
capacity.
  Mr. Speaker, the Education Land Grant Act set up a national mechanism 
to convey small parcels of U.S. Forest Service land to local 
educational agencies for the purpose of renovation, expansion, or 
construction of school facilities. Mr. Speaker, the good news is that 
this bill was signed into law on December 28 of the year 2000.
  Here is where the difficulty has arisen, Mr. Speaker. In implementing 
this law, Forest Service staff have administratively determined that 
schools that apply for a conveyance under this act would need to pay 
various administrative costs, analyses, and environmental compliance 
assessments. In fact, the interim directive that has now finally been 
distributed states various costs to be borne by the school districts. I 
quote: ``Nominal costs includes the nominal fee of $10 per acre 
conveyed, plus all costs directly associated with the project that the 
Forest Service may incur to evaluate and process at the school 
district's request to acquire national Forest Service lands under the 
Education Land Grant Act, such as costs associated with National 
Environmental Policy Act compliance, document preparations, surveys, 
posting of property monuments, markers, or posts, and recordation.''
  In fact, another memo mentioned that even staff time, even staff time 
used to process requests will need to be paid by school districts.
  Mr. Speaker, here we have an example of bureaucrats trying to 
reinterpret what was very clear in the law. That is why we come to the 
floor today with H.R. 3802.
  This bill simply requires the Forest Service to bear the cost of 
environmental assessments and administrative costs associated with an 
exchange under the Education Land Grant Act. The purpose of the act in 
the first place was to help those cash-strapped districts to make sure 
their funds were going to help teachers teach and help children learn. 
Now we have a situation, through bureaucratic extrapolation, where the 
unelected are trying to reinterpret the will of the Congress.
  So, Mr. Speaker, we come here today to speak unequivocally to say 
that the Congress makes it very clear. Here are the instruments that 
will be utilized to help these cash-strapped districts realize the 
benefits of the Education Land Grant Act, and this legislation is the 
last step toward making school construction and expansion a reality for 
many rural schools across our country.
  So it is in that spirit, Mr. Speaker, that I urge this House to adopt 
H.R. 3802.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mrs. CHRISTENSEN asked and was given permission to revise and extend 
her remarks.)
  Mrs. CHRISTENSEN. Mr. Speaker, H.R. 3802 would require the Secretary 
of Agriculture to pay the costs of environmental reviews conducted 
pursuant to the Education Land Grant Act. The majority, in the person 
of the gentleman from Arizona (Mr. Hayworth), has very clearly and 
passionately explained the bill. We have no objection, Mr. Speaker.
  Mr. Speaker, I yield back the balance of my time.
  Mr. HANSEN. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Utah (Mr. Hansen) that the House suspend the rules and 
pass the bill, H.R. 3802, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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