May 15, 1995 CONGRESSIONAL RECORD — HOUSE H 4927

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

the purpose 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 146 is

the rule for the consideration of H.R.

614, a bill to convey the New London

National Fish Hatchery to the State of

Minnesota.

This is an open rule. It provides for 1

hour of general debate, to be divided

between the chairman and ranking minority member of the Resources Committee. After general debate, the bill

will be considered for amendment

under the 5-minute rule. The bill and

the amendment recommended by the

Committee on Resources now printed

in the bill shall be considered as read.

Finally, the rule provides for a motion

to recommit.

This underlying bill will convey the

New London Fish Hatchery to the

State of Minnesota, which has been operating the hatchery since 1983 when

the Federal Government decided to discontinue operations. Minnesota assumed operations to ensure that the

State’s fish stocking program would

continue into the future. The hatchery

plays an important role in the walleye

and muskie stocking program.

To date, Minnesota has spent nearly

$800,000 on operations, maintenance,

and improvement of the facility and

has a strong interest in making certain

capital improvements on the facility,

but without ownership, they are, understandably, reluctant to do so. This

bill would transfer all right, title, and

interest in the hatchery so that the

State may make those improvements.

Should the State discontinue operations, ownership returns to the United

States with the understanding that the

facility be returned to the Federal Government in equal or better condition

than it was at the time of transfer.

This rule provides for fair, open debate and is brought up under an open

rule at the request of the chairman.

Some Members may wonder why this

bill is coming up under an open rule

rather than coming up on the suspension calendar.

During consideration of the bill by

the Subcommittee on Fisheries, Wildlife and Oceans, two amendments were

offered by members of that subcommittee. While the first amendment was

adopted, the second amendment was rejected by voice vote. This rule will

allow that amendment to be brought

up on the floor for consideration by the

full House.

The amendment, offered by the gentleman from California [Mr. MILLER],

would require the State of Minnesota

to pay the Federal Government the fair

market value for the fish hatchery facility at the time of transfer. Since

amendments can not be offered under

suspension of the rules, Congressman

Miller would have been prohibited from

offering his amendment on the floor.

This open rule will protect the right of

Members to bring important issues to

the floor by allowing that amendment,

and any others, to be offered on the

floor for consideration by the full

House.

Mr. Speaker, I urge my colleagues to

adopt this rule. It provides for fair consideration of a bill that is very important to the people of Minnesota, and at

the same time it protects the rights of

Members to offer amendments for consideration by the full House.

Mr. Speaker, I reserve the balance of

my time.

Mr. BEILENSON. Mr. Speaker, I

yield myself such time as I may

consume.

Mr. Speaker, this is an open rule,

which the Committee on Rules reported for a noncontroversial bill. We

support the rule, and we urge our colleagues to approve it today.

The Committee on Rules heard testimony last week about the noncontroversial nature of H.R. 614, which

transfers ownership, without reimbursement, of the New London Fish

Hatchery to the State of Minnesota.

We were told that the State of Minnesota wants to preserve this property

and is willing to make improvements

and implement long-term plans if it

can assume ownership.

This is just one of several fish hatcheries, formerly operated by the Federal

Government, that the Fish and Wildlife

Service plans to transfer to States, all

without reimbursement to the United

States for the land, equipment, and

buildings at the hatchery sites.

The gentleman from California [Mr.

MILLER] may offer an amendment to

the bill that would require the State of

Minnesota to pay the Federal Government the fair market value of the property.

Under this rule, the amendment is in

order, as is any other germane amendment. Our colleagues will be able to

hear Mr. MILLER’S arguments for requiring an appraisal of this and the

other fish hatcheries being transferred

to States that are evidently using

them, very successfully, for State recreational purposes. His amendment

will also require the State 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.

Mrs. WALDHOLTZ. Mr. Speaker, we

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 laid on

the table.

PROVIDING FOR CONSIDERATION

OF H.R. 584, CONVEYANCE OF

fTHE FAIRPORT NATIONAL FISH

HATCHERY TO THE STATE OF

IOWA

Mrs. WALDHOLTZ. Mr. Speaker, by

direction of the Committee on Rules, I

call up House Resolution 145 and ask

for its immediate consideration.

The Clerk read the resolution, as follows:

H. RES. 145

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. 584) to direct

the Secretary of the Interior to convey a fish

hatchery to the State of Iowa. 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 fiveminute rule and 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 (Mr.

WELLER). The gentlewoman from Utah

[Mrs. WALDHOLTZ] is recognized for 1

hour.

Mrs. WALDHOLTZ. Mr. Speaker, for

the purpose 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 145 is

a very simple resolution. The proposed

rule is an open rule providing for 1

hour of general debate equally divided

between the chairman and ranking minority member of the Committee on

Resources.

After general debate the bill shall be

considered as read for amendment

under the 5-minute rule. 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.
H 4928 CONGRESSIONAL RECORD — HOUSE May 15, 1995

Finally, Mr. Speaker, the rule provides one motion to recommit.

Mr. Speaker, the chairman of the

Committee on Resources, Mr. YOUNG,

requested an open rule for this legislation. The open rule was reported out of

the Committee on Rules by voice vote.

Under the proposed rule each Member

has an opportunity to have their concerns addressed, debated, and ultimately voted up or down by this body.

Once again, Mr. Speaker, the underlying legislation directs the Secretary

of the Interior to convey a Federal fish

hatchery, this time located in the

State of Iowa in Fairport, IA. For the

last 22 years the State of Iowa has operated the facility. And at this point in

time the State would like to upgrade

the facility, but is unable to justify the

expense of the improvements without

having legal title to the property.

H.R. 584 would transfer ownership of

the hatchery and immediate property

and buildings to the State of Iowa. The

bill is supported by both the State of

Iowa and the U.S. Fish and Wildlife

Service, and it was reported out of the

Committee on Resources by voice vote.

Once again, Mr. Speaker, this rule

provides for any amendments to be

brought up. We understand that a similar amendment to the preceding legislation that was just discussed may be

offered, but under the open rule all

Members will have the opportunity to

have their voices aired, discussed, and

voted on.

Mr. Speaker, I urge my colleagues to

support this open rule.

Mr. Speaker, I reserve the balance of

my time.

Mr. BEILENSON. Mr. Speaker, I

yield myself such time as I may

consume.

Mr. Speaker, this is, as the gentlewomen pointed out, an open rule for a

noncontroversial bill. We support the

rule, and we urge our colleagues to do

the same.

We also support the objective of the

bill, H.R. 584, to convey the fish hatchery to the State of Iowa, which has

been operating it for several years now.

We do have some concerns about

transferring this property to the State

of Iowa, which has been using the

hatchery very successfully for State

recreational purposes, without reimbursement. The gentleman from California [Mr. MILLER], who is the ranking

member on the Resources Committee

and its former chairman, may offer an

amendment to the bill that we think

deserves the attention of our colleagues.

Mr. MILLER raised several important

points in his dissenting views on this

bill. He questioned the give-away of

Federal assets to the State of Iowa

without reimbursement to the Federal

taxpayers for their investment, especially since no one knows the true

value of the property—there has been

no appraisal of the buildings and land

since 1983.

His amendment would require an updated appraisal of this property that

has a choice location and a commercial

potential that could result in significant revenue for the United States. Mr.

MILLER’S amendment would also require payment of fair market value by

the State to reimburse Federal taxpayers for their investment.

Under this open rule, Mr. MILLER and

any other Member may offer germane

amendments such as this one.

Again, we urge our colleagues to approve this rule for the bill conveying

ownership of the Fairport Fish Hatchery to the State of Iowa.

Mr. Speaker, I yield back the balance

of my time.

Mrs. WALDHOLTZ. Mr. Speaker, we

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 laid on

the table.

PROVIDING FOR CONSIDERATION

OF H.R. 535, THE CORNING NAfTIONAL 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