[Pages H4928-H4930]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

PROVIDING FOR CONSIDERATION OF H.R. 535, THE CORNING NATIONAL FISH
HATCHERY CONVEYANCE ACT

Mrs. WALDHOLTZ. Mr. Speaker, by direction of the Committee on Rules,
I call up House Resolution 144 and ask for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 144

Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 535) to direct the Secretary of the Interior
to convey the Corning National Fish Hatchery to the State of
Arkansas. The first reading of the bill shall be dispensed
with. General debate shall be confined to the bill and shall
not exceed one hour equally divided and controlled by the
chairman and ranking minority member of the Committee on
Resources. After general debate the bill shall be considered
for amendment under the five-minute rule. The bill and the
amendment recommended by the Committee on Resources now
printed in the bill shall be considered as read. At the
conclusion of consideration of the bill for amendment the
Committee shall rise and report the bill to the House with
such amendments as may have been adopted. The previous
question shall be considered as ordered on the bill and
amendments thereto to final passage without intervening
motion except one motion to recommit.

The SPEAKER pro tempore. The gentlewoman from Utah [Mrs. Waldholtz]
is recognized for 1 hour.
Mrs. WALDHOLTZ. Mr. Speaker, for purposes of debate only, I yield the
customary 30 minutes to the gentleman from California [Mr. Beilenson],
pending which I yield myself such time as I may consume. During
consideration of this resolution, all time yielded is for the purpose
of debate only.
Mr. Speaker, House Resolution 144 is another open rule providing for
the consideration of H.R. 535, legislation directing the Secretary of
the Interior to convey Corning National Fish Hatchery to the State of
Arkansas.
Specifically, this rule provides 1 hour of general debate equally
divided and controlled by the chairman and the ranking member of the
Committee on Resources. After general debate is completed, the bill
will be considered for amendment under the 5-minute rule. The bill and
the amendment recommended by the Resources Committee now printed in the
bill shall be considered as read. Finally, the rule provides one motion
to recommit.
Mr. Speaker, House Resolution 144 will permit the House to consider
legislation sponsored by our colleague, Representative Blanch Lambert
Lincoln, to convey the Corning National Fish Hatchery, which is located
in Corning, AR, to the State of Arkansas.
As will be described in more detail later, the State of Arkansas
assumed control of the fish hatchery from the U.S. Fish and Wildlife
Service in 1983, when it was closed as a result of Federal budget cuts.
Currently, no Federal funds are being used to operate or maintain the
hatchery. It is my understanding that the State is now interested in
making capital improvements to the facility, in addition to long-term
plans for its use. However, the State is hesitant to do so without
first obtaining title to the property.
H.R. 535 would facilitate the transfer to the State of Arkansas of
all right, title, and interest of the United States in and to the
property of the Corning Fish Hatchery. An amendment adopted during
subcommittee consideration of the bill would ensure that these rights
and interests will revert to the United States if the property is used
for any purpose other than fishery resources management.
Mr. Speaker, let me take just a moment to respond to those who might
question why we are considering this legislation under a rule at all,
rather than under suspension of the rules. As our colleagues know,
suspension of the rules is an effective tool for considering relatively
noncontroversial legislation in an expedited manner. Debate is limited
to just 40 minutes, and bills considered under suspension are
unamendable on the floor of the House.
During our Rules Committee hearing on the bill last week, we
discussed the possibility of at least two amendments to H.R. 535,
including one to be offered by the sponsor of the bill, and one by the
ranking minority member of the Resources Committee requiring the State
of Arkansas to pay the Federal Government the fair market value of the
Corning facility at the time of transfer. Under suspension, any such
floor amendments would be prohibited. Under this open rule, however, an
open amendment process is guaranteed. Any Member can be heard on any
germane amendment to the bill at the appropriate time.
Mr. Speaker, H.R. 535 was favorably reported out of the Committee on
Resources by voice vote, as was this rule [[Page H4929]] by the Rules
Committee. In fact, the Committee on Rules reported this resolution
unanimously, without a single ``nay'' vote. I urge my colleagues to
support this very open rule, and continue the spirit of openness and
thoughtful debate that has enhanced the overall deliberative process in
the House this year.
Mr. Speaker, I am including for the Record this chart that shows what
rules have been offered in the 104th Congress and the 103d Congress.
The chart follows:

THE AMENDMENT PROCESS UNDER SPECIAL RULES REPORTED BY THE RULES COMMITTEE,\1\ 103D CONGRESS V. 104TH CONGRESS
[As of May 12, 1995]
----------------------------------------------------------------------------------------------------------------
103d Congress 104th Congress
Rule type ---------------------------------------------------------------------------
Number of rules Percent of total Number of rules Percent of total
----------------------------------------------------------------------------------------------------------------
Open/Modified-open\2\............... 46 44 27 77
Modified Closed\3\.................. 49 47 8 23
Closed\4\........................... 9 9 0 0
---------------------------------------------------------------------------
Totals:....................... 104 100 32 100
----------------------------------------------------------------------------------------------------------------
\1\This table applies only to rules which provide for the original consideration of bills, joint resolutions or
budget resolutions and which provide for an amendment process. It does not apply to special rules which only
waive points of order against appropriations bills which are already privileged and are considered under an
open amendment process under House rules.
\2\An open rule is one under which any Member may offer a germane amendment under the five-minute rule. A
modified open rule is one under which any Member may offer a germane amendment under the five-minute rule
subject only to an overall time limit on the amendment process and/or a requirement that the amendment be
preprinted in the Congressional Record.
\3\A modified closed rule is one under which the Rules Committee limits the amendments that may be offered only
to those amendments designated in the special rule or the Rules Committee report to accompany it, or which
preclude amendments to a particular portion of a bill, even though the rest of the bill may be completely open
to amendment.
\4\A closed rule is one under which no amendments may be offered (other than amendments recommended by the
committee in reporting the bill).

SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS
[As of May 12, 1995]
----------------------------------------------------------------------------------------------------------------
H. Res. No. (Date
rept.) Rule type Bill No. Subject Disposition of rule
----------------------------------------------------------------------------------------------------------------
H. Res. 38 (1/18/95) O................... H.R. 5.............. Unfunded Mandate Reform.. A: 350-71 (1/19/
95).
H. Res. 44 (1/24/95) MC.................. H. Con. Res. 17..... Social Security.......... A: 255-172 (1/25/
H.J. Res. 1......... Balanced Budget Amdt..... 95).
H. Res. 51 (1/31/95) O................... H.R. 101............ Land Transfer, Taos A: voice vote (2/1/
Pueblo Indians. 95).
H. Res. 52 (1/31/95) O................... H.R. 400............ Land Exchange, Arctic A: voice vote (2/1/
Nat'l. Park and Preserve. 95).
H. Res. 53 (1/31/95) O................... H.R. 440............ Land Conveyance, Butte A: voice vote (2/1/
County, Calif. 95).
H. Res. 55 (2/1/95). O................... H.R. 2.............. Line Item Veto........... A: voice vote (2/2/
95).
H. Res. 60 (2/6/95). O................... H.R. 665............ Victim Restitution....... A: voice vote (2/7/
95).
H. Res. 61 (2/6/95). O................... H.R. 666............ Exclusionary Rule Reform. A: voice vote (2/7/
95).
H. Res. 63 (2/8/95). MO.................. H.R. 667............ Violent Criminal A: voice vote (2/9/
Incarceration. 95).
H. Res. 69 (2/9/95). O................... H.R. 668............ Criminal Alien A: voice vote (2/10/
Deportation. 95).
H. Res. 79 (2/10/95) MO.................. H.R. 728............ Law Enforcement Block A: voice vote (2/10/
Grants. 95).
H. Res. 83 (2/13/95) MO.................. H.R. 7.............. National Security PQ: 229-100; A: 227-
Revitalization. 127 (2/15/95).
H. Res. 88 (2/16/95) MC.................. H.R. 831............ Health Insurance PQ: 230-191; A: 229-
Deductibility. 188 (2/21/95).
H. Res. 91 (2/21/95) O................... H.R. 830............ Paperwork Reduction Act.. A: v.v. (2/22/95).
H. Res. 92 (2/21/95) MC.................. H.R. 889............ Defense Supplemental..... A: 282-144 (2/22/
95).
H. Res. 93 (2/22/95) MO.................. H.R. 450............ Regulatory Transition Act A: 252-175 (2/23/
95).
H. Res. 96 (2/24/95) MO.................. H.R. 1022........... Risk Assessment.......... A: 253-165 (2/27/
95).
H. Res. 100 (2/27/ O................... H.R. 926............ Regulatory Reform and A: voice vote (2/28/
95). Relief Act. 95).
H. Res. 101 (2/28/ MO.................. H.R. 925............ Private Property A: 271-151 (3/1/95)
95). Protection Act.
H. Res. 104 (3/3/95) MO.................. H.R. 988............ Attorney Accountability A: voice vote (3/6/
Act. 95)
H. Res. 103 (3/3/95) MO.................. H.R. 1058........... Securities Litigation ...................
Reform.
H. Res. 105 (3/6/95) MO.................. .................... ......................... A: 257-155 (3/7/95)
H. Res. 108 (3/7/95) Debate.............. H.R. 956............ Product Liability Reform. A: voice vote (3/8/
95)
H. Res. 109 (3/8/95) MC.................. .................... ......................... PQ: 234-191 A: 247-
181 (3/9/95)
H. Res. 115 (3/14/ MO.................. H.R. 1158........... Making Emergency Supp. A: 242-190 (3/15/
95). Approps.. 95)
H. Res. 116 (3/15/ MC.................. H.J. Res. 73........ Term Limits Const. Amdt.. A: voice vote (3/28/
95). 95)
H. Res. 117 (3/16/ Debate.............. H.R. 4.............. Personal Responsibility A: voice vote (3/21/
95). Act of 1995. 95)
H. Res. 119 (3/21/ MC.................. .................... ......................... A: 217-211 (3/22/
95). 95)
H. Res. 125 (4/3/95) O................... H.R. 1271........... Family Privacy Protection A: 423-1 (4/4/95)
Act.
H. Res. 126 (4/3/95) O................... H.R. 660............ Older Persons Housing Act ...................
H. Res. 128 (4/4/95) MC.................. H.R. 1215........... Contract With America Tax A: 228-204 (4/5/95)
Relief Act of 1995.
H. Res. 130 (4/5/95) MC.................. H.R. 483............ Medicare Select Expansion A: 253-172 (4/6/
95)
H. Res. 136 (5/1/95) O................... H.R. 655............ Hydrogen Future Act of A: voice vote (5/2/
1995. 95)
H. Res. 139 (5/3/95) O................... H.R. 1361........... Coast Guard Auth. FY 1996 A: voice vote (5/9/
95)
H. Res. 140 (5/9/95) O................... H.R. 961............ Clean Water Amendments... A: 414-4 (5/10/95)
H. Res. 144 (5/11/ O................... H.R. 535............ Fish Hatchery--Arkansas.. ...................
95).
H. Res. 145 (5/11/ O................... H.R. 584............ Fish Hatchery--Iowa...... ...................
95).
H. Res. 146 (5/11/ O................... H.R. 614............ Fish Hatchery--Minnesota. ...................
95).
----------------------------------------------------------------------------------------------------------------
Codes: O-open rule; MO-modified open rule; MC-modified closed rule; C-closed rule; A-adoption vote; PQ-previous
question vote. Source: Notices of Action Taken, Committee on Rules, 104th Congress.

Mr. Speaker, I reserve the balance of my time.

{time} 1300

Mr. BEILENSON. Mr. Speaker, I thank the gentlewoman from Utah [Mrs.
Waldholtz] for yielding the customary \1/2\ hour of debate time to me.
Mr. Speaker, I yield myself such time as I man consume.
Mr. Speaker, this is an open rule, as the gentlewoman has stated.
The Committee on Rules reported the rule for this basically
noncontroversial bill. We support the rule. We urge our colleagues to
approve it today.
The gentlewoman from Arkansas [Mrs. Lincoln] appeared before our
committee last week to support the open rule for this bill, a bill
which she herself originally introduced. She reminded us of similar
legislation passed last year under suspension of the rules and of the
noncontroversial nature of the measure.
We also appreciated her testimony. The State of Arkansas wants to
preserve this property and is willing to make improvements and
implement long-term plans if it can assume ownership.
The State of Arkansas, along with several other States, is evidently
operating these hatcheries with a good deal of success for recreational
purposes. The Fish and Wildlife Service plans to transfer several other
excess properties to other States, all without reimbursement. The
gentleman from California [Mr. Miller] may again offer an amendment to
the bill which would require the State of Arkansas to pay the Federal
Government the fair market value of the property.
Mr. Speaker, again, we support this open rule and urge our colleagues
to approve it today.
Also, Mr. Speaker, I am inserting extraneous material at this point
in the Record.
The material referred to follows:

Floor Procedure in the 104th Congress; Compiled by the Rules Committee Democrats
----------------------------------------------------------------------------------------------------------------
Process used for floor Amendments in
Bill No. Title Resolution No. consideration order
----------------------------------------------------------------------------------------------------------------
H.R. 1*................ Compliance............. H. Res. 6 Closed...................... None.
H. Res. 6.............. Opening Day Rules H. Res. 5 Closed; contained a closed None.
Package. rule on H.R. 1 within the
closed rule.
[[Page H4930]]

H.R. 5*................ Unfunded Mandates...... H. Res. 38 Restrictive; Motion adopted N/A.
over Democratic objection
in the Committee of the
Whole to limit debate on
section 4; Pre-printing
gets preference.
H.J. Res. 2*........... Balanced Budget........ H. Res. 44 Restrictive; only certain 2R; 4D.
substitutes.
H. Res. 43............. Committee Hearings H. Res. 43 (OJ) Restrictive; considered in N/A.
Scheduling. House no amendments.
H.R. 2*................ Line Item Veto......... H. Res. 55 Open; Pre-printing gets N/A.
preference.
H.R. 665*.............. Victim Restitution Act H. Res. 61 Open; Pre-printing gets N/A.
of 1995. preference.
H.R. 666*.............. Exclusionary Rule H. Res. 60 Open; Pre-printing gets N/A.
Reform Act of 1995. preference.
H.R. 667*.............. Violent Criminal H. Res. 63 Restrictive; 10 hr. Time Cap N/A.
Incarceration Act of on amendments.
1995.
H.R. 668*.............. The Criminal Alien H. Res. 69 Open; Pre-printing gets N/A.
Deportation preference; Contains self-
Improvement Act. executing provision.
H.R. 728*.............. Local Government Law H. Res. 79 Restrictive; 10 hr. Time Cap N/A.
Enforcement Block on amendments; Pre-printing
Grants. gets preference.
H.R. 7*................ National Security H. Res. 83 Restrictive; 10 hr. Time Cap N/A.
Revitalization Act. on amendments; Pre-printing
gets preference.
H.R. 729*.............. Death Penalty/Habeas... N/A Restrictive; brought up N/A.
under UC with a 6 hr. time
cap on amendments.
S. 2................... Senate Compliance...... N/A Closed; Put on suspension None.
calendar over Democratic
objection.
H.R. 831............... To Permanently Extend H. Res. 88 Restrictive; makes in order 1D.
the Health Insurance only the Gibbons amendment;
Deduction for the Self- waives all points of order;
Employed. Contains self-executing
provision.
H.R. 830*.............. The Paperwork Reduction H. Res. 91 Open........................ N/A.
Act.
H.R. 889............... Emergency Supplemental/ H. Res. 92 Restrictive; makes in order 1D.
Rescinding Certain only the Obey substitute.
Budget Authority.
H.R. 450*.............. Regulatory Moratorium.. H. Res. 93 Restrictive; 10 hr. Time Cap N/A.
on amendments; Pre-printing
gets preference.
H.R. 1022*............. Risk Assessment........ H. Res. 96 Restrictive; 10 hr. Time Cap N/A.
on amendments.
H.R. 926*.............. Regulatory Flexibility. H. Res. 100 Open........................ N/A.
H.R. 925*.............. Private Property H. Res. 101 Restrictive; 12 hr. time cap 1D.
Protection Act. on amendments; Requires
Members to pre-print their
amendments in the Record
prior to the bill's
consideration for
amendment, waives
germaneness and budget act
points of order as well as
points of order concerning
appropriating on a
legislative bill against
the committee substitute
used as base text.
H.R. 1058*............. Securities Litigation H. Res. 105 Restrictive; 8 hr. time cap 1D.
Reform Act. on amendments; Pre-printing
gets preference; Makes in
order the Wyden amendment
and waives germaness
against it.
H.R. 988*.............. The Attorney H. Res. 104 Restrictive; 7 hr. time cap N/A.
Accountability Act of on amendments; Pre-printing
1995. gets preference.
H.R. 956*.............. Product Liability and H. Res. 109 Restrictive; makes in order 8D; 7R.
Legal Reform Act. only 15 germane amendments
and denies 64 germane
amendments from being
considered.
H.R. 1158.............. Making Emergency H. Res. 115 Restrictive; Combines N/A.
Supplemental emergency H.R. 1158 &
Appropriations and nonemergency 1159 and
Rescissions. strikes the abortion
provision; makes in order
only pre-printed amendments
that include offsets within
the same chapter (deeper
cuts in programs already
cut); waives points of
order against three
amendments; waives cl 2 of
rule XXI against the bill,
cl 2, XXI and cl 7 of rule
XVI against the substitute;
waives cl 2(e) of rule XXI
against the amendments in
the Record; 10 hr time cap
on amendments. 30 minutes
debate on each amendment.
H.J. Res. 73*.......... Term Limits............ H. Res. 116 Restrictive; Makes in order 1D; 3R
only 4 amendments
considered under a ``Queen
of the Hill'' procedure and
denies 21 germane
amendments from being
considered.
H.R. 4*................ Welfare Reform......... H. Res. 119 Restrictive; Makes in order 5D; 26R
only 31 perfecting
amendments and two
substitutes; Denies 130
germane amendments from
being considered; The
substitutes are to be
considered under a ``Queen
of the Hill'' procedure;
All points of order are
waived against the
amendments..
H.R. 1271*............. Family Privacy Act..... H. Res. 125 Open........................ N/A
H.R. 660*.............. Housing for Older H. Res. 126 Open........................ N/A
Persons Act.
H.R. 1215*............. The Contract With H. Res. 129 Restrictive; Self Executes 1D
America Tax Relief Act language that makes tax
of 1995. cuts contingent on the
adoption of a balanced
budget plan and strikes
section 3006. Makes in
order only one substitute.
Waives all points of order
against the bill,
substitute made in order as
original text and Gephardt
substitute..
H.R. 483............... Medicare Select H. Res. 130 Restrictive; waives cl 1D
Extension. 2(1)(6) of rule XI against
the bill; makes H.R. 1391
in order as original text;
makes in order only the
Dingell substitute; allows
Commerce Committee to file
a report on the bill at any
time..
H.R. 655............... Hydrogen Future Act.... H. Res 136 Open........................ N/A.
H.R. 1361.............. Coast Guard H. Res 139 Open; waives sections 302(f) N/A.
Authorization. and 308(a) of the
Congressional Budget Act
against the bill's
consideration and the
committee substitute;
waives c1 5(a) of rule XXI
against the committee
substitute.
H.R. 961............... Clean Water Act........ H. Res 140 Open; pre-printing gets N/A.
preference; waives sections
302(f) and 602(b) of the
Budget Act against the
bill's consideration;
waives c1 7 of rule XVI, c1
5(a) of rule XXI and
section 302(f) of the
Budget Act against the
committee substitute. Makes
in order Shuster substitute
as first order of business.
H.R. 535............... Corning National Fish H. Res. 144 Open........................ N/A.
Hatchery Conveyance
Act.
H.R. 584............... Conveyance of the H. Res. 145 Open........................ N/A.
Fairport National Fish
Hatchery of the State
of Iowa.
H.R. 614............... Conveyance of the New H. Res. 146 Open........................ N/A.
London National Fish
Hatchery Production
Facility.
----------------------------------------------------------------------------------------------------------------
*Contract Bills, 67% restrictive; 33% open. **All legislation, 59% restrictive; 41% open. ***Restrictive rules
are those which limit the number of amendments which can be offered, and include so called modified open and
modified closed rules as well as completely closed rules and rules providing for consideration in the House as
opposed to the Committee of the Whole. This definition of restrictive rule is taken from the Republican chart
of resolutions reported from the Rules Committee in the 103rd Congress. ****Not included in this chart are
three bills which should have been placed on the Suspension Calendar. H.R. 101, H.R. 400, H.R. 440.

Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
Mrs. WALDHOLTZ. Mr. Speaker, I have no further requests for time, I
yield back the balance of my time, and I move the previous question on
the resolution.
The previous question was ordered.
The resolution was agreed to.
A motion to reconsider was on the table.

____________________