The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“REMOVING A USE RESTRICTION TO CERTAIN LAND IN ROCKINGHAM COUNTY, VIRGINIA” mentioning the Department of Interior was published in the House of Representatives section on pages H8003-H8004 on Nov. 17, 2014.
The publication is reproduced in full below:
REMOVING A USE RESTRICTION TO CERTAIN LAND IN ROCKINGHAM COUNTY,
VIRGINIA
Mr. FLEMING. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5162) to amend the Act entitled ``An Act to allow a certain parcel of land in Rockingham County, Virginia, to be used for a child care center'' to remove the use restriction, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5162
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. REMOVAL OF USE RESTRICTION.
The Act entitled ``An Act to allow a certain parcel of land in Rockingham County, Virginia, to be used for a child care center'', approved October 31, 1990 (Public Law 101-479), is amended to read as follows:
``SECTION 1. REMOVAL OF USE RESTRICTION.
``(a) In General.--Notwithstanding any restrictions in the deed, on and after the date of the enactment of this Act, the parcel comprised of approximately 3.03 acres of land transferred by the United States on April 11, 1989, to the county of Rockingham, Virginia, in deed book number 953 at page 600, together with improvements thereon may be used by the county as if the land had been transferred in fee simple with no use or other restrictions.
``(b) Documentation.--As soon as practical after the date of the enactment of this Act, the Secretary of the Interior shall take such actions as are necessary to issue a fee simple deed with no restrictions to the land described in subsection (a) to the county of Rockingham, Virginia.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Louisiana (Mr. Fleming) and the gentleman from Arizona (Mr. Grijalva) each will control 20 minutes.
The Chair recognizes the gentleman from Louisiana.
General Leave
Mr. FLEMING. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous materials on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the gentleman from Louisiana?
There was no objection.
Mr. FLEMING. Mr. Speaker, I yield myself such time as I may consume.
In 1989, the Department of the Interior deeded a small parcel of land to Rockingham County, Virginia, for public purpose. This land includes a garage that had previously been used by the National Park Service.
The County determined a nonprofit childcare center in Broadway, Virginia, would benefit from the use of the garage, and Public Law 101-
479 allowed the deed to be changed for the particular use of the childcare center. However, under the terms and restrictions of the transfer, the nonprofit is unable to obtain financing to make improvements and renovations to the property. H.R. 5162 would remove the restrictions on the land so the necessary upgrades may be made to the childcare center.
Congressman Goodlatte has offered a commonsense bill that will assist the constituents and the community. I urge support for the bill.
I reserve the balance of my time.
{time} 1415
Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume.
H.R. 5162 removes the use restriction on a 3-acre parcel of Federal land granted in 1990 to Rockingham County, Virginia. The county no longer needs the parcel for child care and seeks to develop it for other purposes.
The 3-acre parcel was given to Rockingham County through the National Park Service's Federal Lands to Parks Program. The Federal Lands to Parks Program provides Federal land to counties and to other State and local entities to develop community parks and public spaces. If land granted through this program is no longer needed for its original purpose, the National Park Service has the administrative authority to sell the land at fair market value.
This involves what could be a very lengthy valuation process, but it is important to remember that these assets are owned by the American taxpayers, held in trust by the Federal Government, and they deserve a fair return. In this case, to the best of my knowledge, Rockingham County did not approach the National Park Service to discuss purchasing the land at fair market value. Instead, the county went straight to Congress for this legislative fix.
Revisionary clauses and land use restrictions exist to ensure the fair use of Federal land and a fair return to the American taxpayer. Of course, it is important to look at these on a case-by-case basis, recognizing when Congress should chime in and when it is more appropriate for administrative action. Congress should only get involved when all other options are exhausted.
While there may have been an alternative method to achieving the objective of this legislation, we support the adoption of H.R. 5162.
Mr. Speaker, I reserve the balance of my time.
Mr. FLEMING. Mr. Speaker, I yield 5 minutes to the gentleman from Virginia (Mr. Goodlatte).
(Mr. GOODLATTE asked and was given permission to revise and extend his remarks.)
Mr. GOODLATTE. I thank the gentleman from Louisiana for yielding the time and the chairman of the Natural Resources Committee, Mr. Hastings, for moving this legislation forward. I want to thank the gentleman from Arizona as well for his support and indicate to him that the intention is to continue to use this land for a child care center, but in order to improve the child care center, they need to be able to get financing that is not available with the encumbrance that exists right now.
Mr. Speaker, for over 25 years, a little over 3 acres of land and its associated buildings, previously wholly held by the Federal Government, have been maintained by Rockingham County and the Plains Area Daycare Center in my congressional district.
In 1989, the Federal Government deeded these 3 acres of land to Rockingham County, but prior to this official declaration, Rockingham County had already been maintaining the lands around the facility. The land and building had been used as a garage and maintenance facility for the National Forest Service. However, it was no longer being utilized, and the county was doing upkeep on the land.
The land transfer in 1989 allowed this land to be used for public purposes. The county decided that the nonprofit Plains Area Daycare Center in Broadway, Virginia, which provides child care on a sliding scale and helps many families who otherwise could not afford child care, would benefit from the use of the old garage. Public Law 101-479 allowed the deed to be changed from public use for the particular use of the child care center.
Donations by the community, totaling $75,000, turned the garage building into a nursery, daycare, and afterschool care facility. Additionally, the creation of the daycare center provided for the creation of a playground that the center supports and is open for public use. To be clear, the center and the playground are the sole reason that this previously abandoned government land is being used by the community.
Unfortunately, because of the narrow way Public Law 101-479 was drafted, any extension or maintenance of the physical structures has required approval by the Department of the Interior. In 1998, the county had to obtain permission from the Department to add an addition that was funded through pledges and a county loan, resulting in another
$125,000 worth of improvements by the community.
The building is, once again, in need of repairs, forcing the county to seek approval from the Department of the Interior for repairs. Further, because of the terms of the deed, the daycare center has been unable to get a loan to complete the needed renovations.
I have been pleased to visit the Plains Area Daycare Center on many occasions. The center is committed to providing high-quality child care on a sliding scale. The center is also committed to making sure children have the skills necessary to enter and thrive in school through early childhood education programs. The investments this center is making in the community are immeasurable. Since opening in 1991, the center has always been at capacity, and it is the only facility of its kind in the community. By passing this legislation and allowing Rockingham County and, in return, the Plains Area Daycare Center more authority over the land, it will ensure that more children and more of the community will be served by this land.
Mr. Speaker, my legislation today is a simple formality. For 25 years, the land has been deeded to Rockingham County but with restriction. It is clear the Federal Government no longer has a vested interest in the land. This property is being used by the county and the community to help those in need. My legislation removes the restrictions on the land to ensure this community investment can continue to thrive.
I urge my colleagues to pass H.R. 5162 so that the necessary upgrades may be made to the child care center and so that the community can be better served.
Mr. GRIJALVA. Mr. Speaker, if I may inquire of the gentleman from Louisiana if he has any more speakers.
Mr. FLEMING. We have no further speakers.
Mr. GRIJALVA. Mr. Speaker, I yield back the balance of my time.
Mr. FLEMING. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the gentleman from Louisiana (Mr. Fleming) that the House suspend the rules and pass the bill, H.R. 5162.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds being in the affirmative, the ayes have it.
Mr. FLEMING. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further proceedings on this motion will be postponed.
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