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“PROVIDING FOR CONVEYANCE OF LAND IN APALACHICOLA NATIONAL FOREST, FLORIDA” mentioning the U.S. Dept of Agriculture was published in the House of Representatives section on pages H11166-H11167 on Nov. 17, 2003.
The publication is reproduced in full below:
PROVIDING FOR CONVEYANCE OF LAND IN APALACHICOLA NATIONAL FOREST,
FLORIDA
Mr. GUTKNECHT. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3217) to provide for the conveyance of several small parcels of National Forest System land in the Apalachicola National Forest, Florida, to resolve boundary discrepancies involving the Mt. Trial Primitive Baptist Church of Wakulla County, Florida, and for other purposes.
The Clerk read as follows:
H.R. 3217
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. LAND CONVEYANCE, APALACHICOLA NATIONAL FOREST,
FLORIDA.
(a) Conveyance Authorized.--The Secretary of Agriculture may convey, without consideration, to the Mt. Trial Primitive Baptist Church of Wakulla County, Florida, all right, title, and interest of the United States in and to four parcels of real property in the Apalachicola National Forest, Florida, located in section 5 of township 5 south, range 2 west, Tallahassee meridian, and consisting of approximately 9.95 acres, 0.09 acres, 0.09 acres, and 0.096 acres, respectively, as depicted on a map, plat number 5-118, prepared as part of a 1983 Forest Service survey.
(b) Description of Property.--The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by the Secretary.
(c) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Minnesota (Mr. Gutknecht) and the gentleman from Texas (Mr. Stenholm) each will control 20 minutes.
The Chair recognizes the gentleman from Minnesota (Mr. Gutknecht).
Mr. GUTKNECHT. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 3217 allows the Forest Service to convey without consideration 10.2 acres of the Apalachicola National Forest to the Mt. Trial Primitive Baptist Church of Wakulla County, Florida.
This parcel of land was purchased by the Mt. Trial church in the 1930s; but for a variety of reasons, the deed was never recorded. Unfortunately, the original landowner subsequently resold the land to the National Forest Service in the 1950s. While the Forest Service now technically owns the land, it is more than happy to return this cemetery to the church. This is a fair and equitable resolution to this unfortunate situation.
H.R. 3217 was marked up by the Committee on Agriculture on October 29, 2003. It was approved by the committee on a voice vote without amendment. The bill enjoys the support of the local community and the administration. I urge all Members to support this legislation and return this property to its rightful owner.
Mr. STENHOLM. Mr. Speaker, I yield myself such time as I may consume.
I rise in support of H.R. 3217, legislation to convey several small parcels of National Forest System land in the Apalachicola National Forest in order to resolve boundary discrepancies involving the U.S. Forest Service and the Mt. Trial Primitive Baptist Church of Wakulla County, Florida.
Briefly, H.R. 3217 would allow the Mt. Trial church to expand a cemetery that it maintains next to its church building. This legislation would correct boundary discrepancies that resulted from the church and the Forest Service claiming ownership to the same 10-acre tract of land.
By way of background, the Mt. Trial Primitive Baptist Church is a historically African American church that purchased 10 acres of land in the 1930s in anticipation of expanding its cemetery. The church, however, never recorded the deed for the land purchased at the local county courthouse.
In 1938, the U.S. Forest Service purchased the same 10 acres of land as part of a larger tract that was incorporated into the Apalachicola National Forest. In that instance, the Forest Service did record its deed; and while there is no dispute about the validity of the church's purchase, the Department of Agriculture's legal counsel has ruled that because the Federal Government did file its deed with the county, it is the rightful owner of the property. I would also note that two graves are already located on the Federal Government property and the church's existing cemetery is full.
Mr. Speaker, H.R. 3217 will solve the boundary discrepancies by giving the Secretary of Agriculture the authority to transfer the property to the Mt. Trial Primitive Baptist Church. I encourage my colleagues to support this measure. This measure has been brought to our attention by the gentleman from Florida (Mr. Boyd).
Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.
Mr. GUTKNECHT. Mr. Speaker, I yield myself such time as I may consume.
This is a fair and equitable way to deal with this problem. All parties agree to it, and hopefully the Members of the House will join us in support of this important legislation.
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 Minnesota (Mr. Gutknecht) that the House suspend the rules and pass the bill, H.R. 3217.
The question was taken; and (two-thirds having voted in favor thereof) the rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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