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90TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session

CONSIDERATION OF S. 2029

REPORT

{No. 1185

MARCH 19, 1968.-Referred to the House Calendar and ordered to be printed

Mr. O'NEILL of Massachusetts, from the Committee on Rules, submitted the following

REPORT

[To accompany H. Res. 1106]

The Committee on Rules, having had under consideration House Resolution 1106, report the same to the House with the recommendation that the resolution do pass.

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90TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session

REPORT

{ No. 1186

AMENDING THE ACTS OF FEBRUARY 1, 1826, AND FEBRUARY 20, 1833, TO AUTHORIZE THE STATE OF OHIO TO USE THE PROCEEDS FROM THE SALE OF CERTAIN LANDS FOR EDUCATIONAL ' PURPOSES

MARCH 25, 1968.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Mr. BARING, from the Committee on Interior and Insular Affairs, submitted the following

REPORT

[To accompany H.R. 13176]

The Committee on Interior and Insular Affairs, to whom was referred the bill (H.R. 13176) to amend the acts of February 1, 1826, and February 20, 1833, to authorize the State of Ohio to use the proceeds from the sale of certain lands for educational purposes, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

PURPOSE

H.R. 13176 would amend the acts of February 1, 1826, and February 20, 1833, to authorize the State of Ohio to use the proceeds from the sale of certain lands for educational purposes.

H.R. 13176 was introduced by Mrs. Bolton, for herself and Mr. Kirwan, Mr. Ashbrook, Mr. Ashley, Mr. Ayres, Mr. Betts, Mr. Bow, Mr. Brown of Ohio, Mr. Clancy, Mr. Devine, Mr. Harsha, Mr. Latta, Mr. Lukens, Mr. McCulloch, Mr. Miller of Ohio, Mr. Minshall, Mr. Mosher, Mr. Stanton, Mr. Taft, Mr. Vanik, Mr. Whalen, and Mr. Wylie.

NEED

The act of February 1, 1826 (4 Stat. 138) authorized the Legislature of Ohio to sell all or any part of the lands appropriated by Congress for the use of schools in Ohio and to invest the money in some produc

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tive fund. The land could not be sold without the consent of the inhabitants of the township wherein the lands were situated, and each such township was entitled to a share of the proceeds of the fund in exact proportion to its ownership of the land sold. Similarly, by the act of February 20, 1833 (4 Stat. 618), Congress authorized the Legislature of Ohio to sell all or part of the lands appropriated by Congress for the support of religion within the Ohio company's and John Cleeves Symmes' purchases, subject to the same restrictions as the 1826 act but with the added qualification that the land could not be sold without the consent of the lessee of the land, if any.

H.R. 13176 would amend the acts of 1826 and 1833 to give discretionary authority to the Legislature of Ohio to sell all or part of the reserved lands and to use the proceeds for educational purposes throughout the State instead of for the "use of schools" in a particular township or for the "support of religion."

Testimony was received by the committee from members of the Ohio congressional delegation and from State officials to the effect that the present requirement is burdensome and extremely difficult to administer. Of the members testifying, including Representatives Bolton, McCulloch, Harsha, and Vanik, all spoke in favor of the amendment. In addition, Mr. Roger Cloud, auditor of the State of Ohio, testified in favor of the bill. Previously the Governor of Ohio, by letter of February 9, 1968, had indicated his support.

It is the committee's understanding that no other State is burdened with similar restrictions regarding the use of funds derived from reserved lands. Thus, enactment of H.R. 13176 would place Ohio on an equal footing with other States. It should also be pointed out that any attempt to enforce the religious support provisions of the original purchase contract and the 1833 act would be in violation of the establishment clause of the first amendment.

It is the committee's further understanding and expectation that the Legislature of Ohio will administer these lands in such a manner as to bring maximum returns or benefits to the State's educational system. In this regard the committee would call attention to the testimony of Representative Vanik wherein he expresses concern that the funds derived from the sale or management of these lands should be used for the overall benefit of the entire State educational system and that up-to-date land appraisals should be obtained to fully determine present day land values, prior to their sale or disposal. The committee is in agreement and considers equitable distribution of the funds to be an objective of the bill and land appraisal to be an integral part of proper land management.

COST

No additional budgetary expenditures are involved in the enactment of H.R. 13176.

DEPARTMENTAL REPORTS

The reports from the Departments of Interior, Justice, and Agriculture are set forth below:

H.R. 1186

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