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108th Congress                                            Rept. 108-716
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1
======================================================================
 
         MINGO JOB CORPS CIVILIAN CONSERVATION CENTER TRANSFER

                                _______
                                

                 October 4, 2004.--Ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                         [To accompany S. 1814]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(S. 1814) to transfer Federal lands between the Secretary of 
Agriculture and the Secretary of the Interior, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                          PURPOSE OF THE BILL

    The purpose of S. 1814 is to transfer Federal lands between 
the Secretary of Agriculture and the Secretary of the Interior.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Mingo National Wildlife Refuge is located in Puxico, 
Missouri. It was established on June 7, 1944, under the 
authority of the Migratory Bird Treaty Act and it consists of 
21,676 acres of wildlife habitat. The Refuge is a major 
migration and wintering area for migratory waterfowl through 
the Mississippi Flyway. In the past, populations of 125,000 
mallard ducks, 75,000 Canada geese and nesting bald eagles have 
been recorded at the Refuge. There are also over 140 identified 
archaeological sites within the Refuge.
    The Job Corps is a national employment program established 
by the Economic Opportunity Act of 1964. It is administered by 
the Department of Labor to address employment barriers 
experienced by nearly 70,000 at-risk students each year between 
the ages of 16 and 24. There are 118 Job Corps Centers 
throughout the country. A subset of the Job Corps are the 
Civilian Conservation Centers (CCC), of which the U.S. Forest 
Service operates 18 and the Fish and Wildlife Service operates 
two. The latter two CCCs are: the Mingo Job Corps CCC and the 
Treasure Lake Job Corps CCC in Indiahoma, Oklahoma. The key 
difference between a Job Corps Center and a Job Corps CCC is 
that in addition to training, CCCs emphasis work-based efforts 
to conserve, develop or manage public recreational areas.
    The Mingo Job Corps CCC is located at the southeast corner 
of the refuge. It occupies 87 acres of the unit, including ten 
buildings on the campus, and a new education building is 
currently under construction. According to the Fish and 
Wildlife Service, the Center can accommodate up to 224 
residential students and there are 76 federal employees working 
at the Center. The fundamental goal of the Center is to provide 
students with the basic training and educational skills 
necessary to secure long-term employment and to have a 
successful career in the future. At this time, the Fish and 
Wildlife Service operates the Job Corps Center through an 
interagency agreement with the Department of Labor. During the 
past academic year, Mingo was ranked 29th out of 118 centers in 
the nation. Despite this fact, the Labor Department has 
indicated its desire to contract out the operation of the Mingo 
Center. To date, there is only one center, the Iroquois Job 
Corps Center in Medina, New York, that is operated by an 
outside private contractor.
    On March 6, 2003, a Memorandum of Understanding was signed 
that would transfer the administration and operations of the 
Mingo Job CCC to the Forest Service. Despite this agreement, 
the transfer cannot occur administratively because the National 
Wildlife Refuge Administration Act of 1966 stipulates that 
refuge land can not be transferred without an act of Congress.
    Under the terms of this legislation, the transfer will 
occur in an expedited manner. The Director of the U.S. Fish and 
Wildlife Service and the Chief of the Forest Service will enter 
intoa second Memorandum of Agreement that includes procedures 
for: the orderly transfer of employees; the transfer of property, 
fixtures and facilities; and the transfer of records. In addition, the 
bill stipulates that the property will revert back to the Fish and 
Wildlife Service if the Mingo Job Corps CCC is closed in the future. 
The Forest Service will not be liable for any environmental costs or 
damages that may have occurred on the 87 acres of property prior to the 
transfer. Each agency will be required to cover their own implementing 
costs and each federal employee transferred to the Forest Service will 
retain all of their employment rights and benefits. Finally, within 60 
days after enactment of the bill, the Fish and Wildlife Service shall 
provide to the Forest Service an inventory of all property and 
facilities at the Center.

                            COMMITTEE ACTION

    S. 1814 was introduced on November 3, 2003, by Senator Kit 
Bond (R-MO). The bill was passed by the U.S. Senate on April 
20, 2004, and in the House of Representatives was referred to 
the Committee on Resources and additionally to the Committee on 
Agriculture and the Committee on Education and the Workforce. 
Within the Committee, the bill was referred to the 
Subcommittees on Fisheries Conservation, Wildlife and Oceans 
and Forests and Forests Health. On May 13, 2004, the 
Subcommittee on Fisheries Conservation, Wildlife and Oceans 
held a hearing on the bill. On June 3, 2004, the Subcommittee 
met to mark up the bill. There were no amendments offered and 
the bill was then ordered favorably reported to the Full 
Committee. On September 15, 2004, the Full Resources Committee 
met to consider the bill. The Subcommittee on Forests and 
Forests Health was discharged from further consideration of the 
bill by unanimous consent. There were no amendments offered and 
the bill 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:

S. 1814--An act to transfer federal lands between the Secretary of 
        Agriculture and the Secretary of the Interior

    CBO estimates that implementing S. 1814 would have no 
significant impact on the federal budget. Enacting the 
legislation would not affect direct spending or revenues. S. 
1814 contains no intergovernmental or private-sector mandates 
as defined in the Unfunded Mandates Reform Act and would not 
affect the budgets of state, local, or tribal governments.
    S. 1814 would transfer, from the Secretary of the Interior 
to the Secretary of Agriculture, administrative jurisdiction 
over the Mingo Job Corps Civilian Conservation Center, located 
in Missouri. Based on information from the U.S. Fish and 
Wildlife Service and the Forest Service, CBO estimates that the 
agencies' costs to complete the proposed transfer would total 
less than $100,000, assuming the availability of appropriated 
funds. We also estimate that transferring the center between 
agencies would not significantly affect operating costs.
    On April 12, 2004, CBO transmitted a cost estimate for S. 
1814 as ordered reported by the Senate Committee on Environment 
and Public Works on April 7, 2004. The two versions of S. 1814 
are identical, and our cost estimates are the same.
    The CBO staff contact for this estimate is Megan Carroll. 
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.

                        COMMITTEE CORRESPONDENCE

                          House of Representatives,
                                    Committee on Resources,
                                Washington, DC, September 29, 2004.
Hon. Robert Goodlatte,
Chairman, Committee on Agriculture,
Longworth HOB, Washington, DC.
    Dear Mr. Chairman: On September 15, 2004, the Committee on 
Resources ordered reported S. 1814, a bill to transfer Federal 
lands between the Secretary of Agriculture and the Secretary of 
the Interior. The bill was referred primarily to the Committee 
on Resources, with an additional referral to the Committee on 
Agriculture because it affects activities in forests not 
created from the public domain.
    The author of the bill, Senator Kit Bond would like to see 
the measure considered on the Floor before we adjourn for the 
year. Knowing that we have only a short time remaining in this 
session, I ask that you allow the Committee on Agriculture to 
be discharged from further consideration of the bill so that it 
may be scheduled under suspension of the rules as soon as 
possible. This discharge in no way affects your jurisdiction 
over the subject matter of the bill and it will not serve as 
precedent for future referrals. In addition, should a 
conference on the bill be necessary, I would support your 
request to have the Committee on Agriculture represented on the 
conference committee. I would be pleased to include this letter 
and any response in the bill report filed by the Committee 
Resources.
    Thank you for your consideration of my request and I look 
forward to bringing S. 1814 to the Floor soon.
            Sincerely,
                                          Richard W. Pombo,
                                                          Chairman.
                                ------                                

                          House of Representatives,
                                  Committee on Agriculture,
                                   Washington, DC, October 4, 2004.
Hon. Richard Pombo,
Chairman, House Committee on Resources,
Longworth House Office Building, Washington, DC.
    Dear Mr. Chairman: I would like to take this opportunity to 
respond to your letter of September 29, 2004 concerning my 
committee's discharge of S. 1814. This legislation, sponsored 
by Senator Kit Bond, would transfer federal lands between the 
Secretary of Agriculture and the Secretary of Interior. On 
September 23, 2004, the Committee on Agriculture favorably 
ordered reported by an affirmative voice vote S. 1814. As you 
are aware, the Committee on Agriculture was granted an 
additional referral of this legislation on those provisions 
that fall within the jurisdiction of this Committee.
    Knowing of your interest in expediting this legislation and 
in maintaining the continued consultation between our 
Committees on these matters, I will agree to discharge S. 1814 
from further consideration by the Committee on Agriculture. I 
do so with the understanding that by discharging the bill, the 
Committee on Agriculture does not waive any future jurisdiction 
claim over these or similar measures. In addition, in the event 
a conference with the Senate is requested on this matter, the 
Committee on Agriculture reserves the right to seek appointment 
of conferees, if it should become necessary.
    Thank you for your consideration in this matter and look 
forward to seeing S. 1814 on the floor of the House of 
Representatives shortly.
            Sincerely,
                                             Bob Goodlatte,
                                                          Chairman.