[House Report 105-34]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                     105-34
_______________________________________________________________________


 
                 DOS PALOS, CALIFORNIA, LAND CONVEYANCE

                                _______
                                

 March 20, 1997.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


 Mr. Smith of Oregon, from the Committee on Agriculture, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 111]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Agriculture, to whom was referred the bill 
(H.R. 111) to authorize the Secretary of Agriculture to convey 
a parcel of unused agricultural land in Dos Palos, California, 
to the Dos Palos Ag Boosters for use as a farm school, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                           brief explanation

    H.R. 111 authorizes the Secretary of Agriculture to convey 
at fair market value a parcel of unused agricultural land in 
Dos Palos, California, to the Dos Palos Ag Boosters for use as 
a farm school.

                            purpose and need

    H.R. 111 provides the Secretary of Agriculture with 
authority to sell 22 acres of land in Dos Palos, California, 
currently held by the U.S. Department of Agriculture's Farm 
Service Agency (FSA) in its inventory of land acquired through 
its farmer lending program. The Dos Palos Ag Boosters, a 
nonprofit group, has agreed to purchase the land at its fair 
market value, which will be established by FSA, to use as a 
school to teach middle- and high-school-age students how to 
farm.
    Because current law strictly prescribes how the Secretary 
may dispose of inventory property, this special authority is 
necessary. H.R. 111 addresses the specific inventory property 
described in the bill for the specific purpose of teaching 
students to farm.

                           section-by-section

    Section 1 authorizes the Secretary of Agriculture, 
notwithstanding any other law, to convey to the Dos Palos Ag 
Boosters of Dos Palos, California, all right, title and 
interest of the United States to a parcel of real property, 
including its improvements, of 22 acres of land located at 
18296 Elgin Avenue, Dos Palos, California. The property 
conveyed will be used as a farm school for the education and 
training of students and beginning farmers. The conveyance is 
final, and the Secretary of Agriculture retains no future 
liability.
    Section 1 also requires the Dos Palos Ag Boosters, or upon 
the request of the Dos Palos Ag Boosters, the Dos Palos School 
District, to pay the Secretary an amount equal to the fair 
market value of the parcel of land.
    Finally, Section 1 requires the Secretary to determine the 
fair market value, and a survey of the acreage and its legal 
description, to be completed at the expense of the Dos Palos Ag 
Boosters, will be satisfactory to the Secretary. The Secretary 
may require other terms or conditions concerning the conveyance 
to protect the interests of the United States.

                        committee consideration

    The Committee on Agriculture met, pursuant to notice and 
with a quorum present, on March 12, 1997, to consider H.R. 111, 
and other pending business. Chairman Smith recognized Mr. 
Combest, Chairman of the Subcommittee on Forestry, Resource 
Conservation, and Research, for a unanimous consent request 
that the Subcommittee on Forestry, Resource Conservation, and 
Forestry be discharged from further consideration of the bill 
that was so ordered by the Chairman. Chairman Smith also 
recognized Mr. Combest for an explanation of H.R. 111 and other 
pending legislation. Mr. Condit, author of the bill, also spoke 
in support of the legislation. There was no other comment on 
the bill.
    After a discussion of other pending business before the 
Committee, Chairman Smith recognized Mr. Combest to offer a 
motion that the bill, H.R. 111, be adopted and favorably 
reported to the House with the recommendation that it pass. Mr. 
Combest's motion was agreed to by a voice vote of the 
Committee.

                   reporting the bill--rollcall votes

    In compliance with clause 2(l)(2) of rule XI of the House 
of Representatives, H.R. 111 was reported by voice vote with a 
majority quorum present. There was no request for a recorded 
vote.

                        administration position

    Prior to consideration of the bill, H.R. 4041, under 
suspension of the rules in the House during the 104th Congress, 
on September 27, 1996, the Farm Service Agency (FSA) of USDA, 
California State Office, released to Representative Condit a 
memorandum to Grant Buntrock, FSA Administrator, from John G. 
Smythe, State FSA Executive Director, discussing the conveyance 
of FSA inventory property to the Dos Palos Ag Boosters. In that 
memorandum, dated August 28, 1996, Mr. Smythe indicated that 
the FSA state office in California would support legislation 
providing the Secretary with the authority to convey the 22 
acres to either the Dos Palos Ag Boosters or the Dos Palos 
School District.
    H.R. 111 is identical to the bill, H.R. 4041, that was 
adopted in the House on September 27, 1996.

           budget act compliance (sections 308, 403, and 424)

    The provisions of clause 2(l)(3)(B) of rule XI of the Rules 
of the House of Representatives and section 308(a)(1) of the 
Congressional Budget Act of 1974 (relating to estimates of new 
budget authority, new spending authority, new credit authority, 
or increased or decreased revenues or tax expenditures) are not 
considered applicable. The estimate and comparison required to 
be prepared by the Director of the Congressional Budget Office 
under clause 2(l)(3)(C) of rule XI of the Rules of the House of 
Representatives and sections 403 and 424 of the Congressional 
Budget Act of 1974 submitted to the Committee prior to the 
filing of this report are as follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 13, 1997.
Hon. Bob Smith,
Chairman, Committee on Agriculture,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 111, a bill to 
authorize the Secretary of Agriculture to convey a parcel of 
agricultural land in Dos Palos, California, to the Dos Palos Ag 
Boosters for use as a farm school.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Victoria V. 
Heid.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

H.R. 111--A bill to authorize the Secretary of Agriculture to convey a 
        parcel of unused agricultural land in Dos Palos, California, to 
        the Dos Palos Ag Boosters for use as a farm school

    H.R. 111 would authorize the Secretary of Agriculture to 
convey a parcel of about 22 acres of land in Dos Palos, 
California, to the Dos Palos Ag Boosters. As consideration for 
the conveyance, the transferee would pay the Secretary the fair 
market value of the parcel, as determined by the Secretary. The 
transferee would also be required to pay the cost of a survey 
to determine the exact acreage and legal description.
    Based on information provided by the Farm Service Agency 
(FSA), which owns the land, CBO estimates that enacting H.R. 
111 would have no significant impact on the federal budget. 
According to the FSA, the land is worth less than $100,000. The 
agency acquired the parcel through liquidation and then leased 
out the land. That lease has since expired. Under new 
procedures. FSA now is required to sell such land at its 
appraised value (if possible) upon expiration of a lease, so 
this land would likely be sold in the near future under current 
law. CBO estimates that receipts from the sale of this land 
would not be significantly different under H.R. 111.
    Because the bill could affect direct spending, pay-as-you-
go procedures would apply, but any such effect would be 
negligible. H.R. 111 contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
of 1995 and would impose no costs on state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Victoria V. 
Heid. This estimate was approved by Paul N. Van de Water, 
Assistant Director for Budget Analysis.

                   constitutional authority statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee finds the 
Constitutional authority for this legislation in Article I, 
clause 8, section 18, that grants Congress the power to make 
all laws necessary and proper for carrying out the powers 
vested by Congress in the Government of the United States or in 
any department or officer thereof.

                          oversight statement

    No summary of oversight findings and recommendations made 
by the Committee on Government Reform and Oversight as provided 
for in clause 2(l)(3)(D) of rule XI, and under clause 4(c)(2) 
of rule X of the Rules of the House of Representatives was 
available to the Committee with reference to the subject matter 
specifically addressed by H.R. 111.

                      committee oversight findings

    Pursuant to clause 2(l)(3)(A) of rule XI and clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, the 
Committee on Agriculture's oversight findings and 
recommendations are reflected in the body of this report.

                        committee cost estimate

    Pursuant to clause 7(a) of rule XIII of the Rules of the 
House of Representatives, the Committee report incorporates the 
cost estimate prepared by the Director of the Congressional 
Budget Office pursuant to sections 403 and 424 of the 
Congressional Budget Act of 1974.

                      advisory committee statement

    No advisory committee within the meaning of section 5(b) of 
the Federal Advisory Committee Act is created by this 
legislation.

                applicability to the legislative branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

                                
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