[Congressional Record Volume 142, Number 116 (Thursday, August 1, 1996)]
[House]
[Pages H9774-H9775]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
RELEASE OF REVERSIONARY INTEREST HELD BY UNITED STATES IN CERTAIN
PROPERTY IN THE COUNTY OF IOSCO, MICHIGAN
Mr. ALLARD. Mr. Speaker, I call up the bill (H.R. 2670) to provide
for the release of the reversionary interest held by the United States
in certain property located in the county of Iosco, MI, and I ask
unanimous consent for its immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Is these objection to the request of the
gentleman from Colorado?
Mr. STENHOLM. Reserving the right to object, Mr. Speaker, I will not
object, but yield to my colleague, the gentleman from Colorado [Mr.
Allard], for an explanation of the bill.
Mr. ALLARD. Mr. Speaker, I thank the gentleman for yielding to me.
Mr. Speaker, H.R. 2670, sponsored by Congressman James Barcia,
provides for the release of a reversionary interest held by the Forest
Service in 1.9 acres of land in Iosco County, MI. The land belongs to
the local airport but, due to a survey error, has been in private use.
Authorities have agreed with the squatter to swap the property being
used in exchange for another parcel of equal value. But, the
reversionary interest on the 1.9 acres clouds the title and prevents
the exchange. This reversionary interest says that when the land is not
longer used for airport purposes, it reverts back to the Forest
Service. The bill, as amended in subcommittee, provides that, in
exchange for adequate consideration, the reversionary interests is
relinquished.
H.R. 2670 is a noncontroversial bill which was approved by a voice
vote in both the subcommittee and full committee on May 30 and June 19,
respectively, and enjoys the support of the Department of Agriculture.
Mr. BARCIA. Mr. Speaker, will the gentleman yield?
Mr. STENHOLM. Further reserving the right to object, I yield to the
gentleman from Michigan.
(Mr. BARCIA asked and was given permission to revise and extend his
remarks.)
Mr. BARCIA. Mr. Speaker, I rise in support of H.R. 2670, a bill I
sponsored, to provide for the release of reversionary interests held by
the United States in certain property located in Iosco County, MI.
I want to thank the chairman of the Subcommittee on Resource
Conservation, Research and Forestry, chaired by the gentleman from
Colorado [Mr. Allard], and its ranking member, the gentleman from South
Dakota [Mr. Johnson], for their willingness to help move this issue
toward resolution.
In 1960 land was provided to Iosco County for the construction of an
airport. This land was provided through the Secretary of Agriculture
under the authority of section 16 of the Federal Airport Act of 1946,
and in conformity with Executive Order 10536 of June 9, 1954.
Using survey lines that had been drawn at the time, one of my
constituents, Mr. Otto Peppel, constructed a cabin on land based upon
the old survey that he believed to be his own. A conflict in the lines
of occupation with the legal boundary lines was discovered in a 1976
survey performed for airport expansion, showing that 1.9 acres that Mr.
Peppel believed to be his were in fact the airport's. Efforts to
eliminate the title conflict have been going on since that time,
culminating in the request to me to introduce legislation to allow for
the dismissal of the reverter clause in this property.
Local authorities and Mr. Peppel have agreed to exchange a like
amount of property so that the title can be cleared. However, given
that the land was given to the county by the Secretary of Agriculture
for public purposes, a reverter clause exists that must be quieted in
order to clear the title.
In consultation with local staff of the U.S. Forest Service, this
bill was drafted to allow for the clearance of this title. In further
consultation with the Department of Agriculture and the House
Agriculture Committee, the bill was amended with the agreement of all
parties to provide that the reversionary interest of the United States
is not lost, but rather is restored on another piece of property of
equal value.
Given the support for the land swap from the property owners, local
officials, and the Forest Service, this matter should be
noncontroversial. I urge its adoption.
Mr. STENHOLM. Mr. Speaker, further reserving the right to object, I
thank my colleague for his explanation.
An amendment adopted by the committee will be offered to provide for
compensation to the Forest Service for its release of a reversionary
interest it holds in land affected by the proposed exchange.
Mr. Speaker, I support the bill with the committee amendment, and I
withdraw my reservation of objection.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Colorado?
There was no objection.
The Clerk read the bill, as follows:
H.R. 2670
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. RELEASE OF REVERSIONARY INTEREST REGARDING CERTAIN
PROPERTY IN IOSCO COUNTY, MICHIGAN.
(a) Release Required.--The Secretary of Agriculture shall
release, without consideration, the reversionary interest of
the United States in the parcel of real property described in
subsection (b), which was retained by the United States when
the property was conveyed to the County of Iosco, Michigan,
in 1960 pursuant to a deed recorded at Liber 144, beginning
page 58, in the land records of the County.
(b) Description of Property.--The parcel of real property
referred to in subsection (a) consists of 1.92 acres in the
County of Iosco, Michigan, and is described as follows:
That part of the N.W. \1/4\ of the S.E. \1/4\ of Section
11, T.22 N.R. 8 East, Baldwin Township, Iosco County,
Michigan described as follows: Commencing at the Center of
said Section 11, thence South 89 degrees, 15' 41" East, along
the East-West \1/4\ Line of said Section 11, 102.0 feet,
thence South 00 degrees 08' 07" East, along an existing fence
line, 972.56 feet, thence North 89 degrees 07' 13" W. 69.70
feet to a point in the North-South \1/4\ Line, thence North
02 degrees 02' 12" West, along said North-South \1/4\ Line,
973.42 feet to the Point of Beginning.
(c) Additional Terms.--The Secretary may require such terms
or conditions in connection with the release under this
section as the Secretary considers appropriate to protect the
interests of the United States.
(d) Instrument of Release.--The Secretary shall execute and
file in the appropriate office of offices a deed of release,
amended deed, or other appropriate instrument effectuating
the release of the reversionary interest under this section.
committee amendment in the nature of a substitute
The SPEAKER pro tempore. The Clerk will report the committee
amendment in the nature of a substitute.
The Clerk read as follows:
Committee amendment is the nature of a substitute: Strike
out all after the enacting clause and insert:
SECTION 1. RELEASE OF REVERSIONARY INTEREST REGARDING CERTAIN
PROPERTY IN IOSCO COUNTY, MICHIGAN.
(a) Release Required.--The Secretary of Agriculture shall
release the reversionary interest of the United States in the
parcel of
[[Page H9775]]
real property described in subsection (b), which was retained
by the United States when the property was conveyed to the
County of Iosco, Michigan, in 1960 pursuant to a deed
recorded at Liber 144, beginning page 58, in the lands
records of the County.
(b) Description of Property.--The parcel of real property
referred to in subsection (a) consists of 1.92 acres in the
County of Iosco, Michigan, and is described as follows:
That part of the N.W. \1/4\ of the S.E. \1/4\ of Section
11, T.22 N.R. 8 East., Baldwin Township, Iosco County,
Michigan described as follows: Commencing at the Center of
said Section 11, thence South 89 degrees, 15' 41'' East,
along the East-West \1/4\ Line of said Section 11, 102.0
feet, thence South 00 degrees 08' 07'' East, along an
existing fence line, 972.56 feet, thence North 89 degrees 07'
13'' W. 69.70 feet to a point in the North-South \1/4\ Line,
thence North 02 degrees 02' 12'' West, along said North-South
\1/4\ Line, 973.42 feet to the Point of Beginning.
(c) Additional Terms.--The Secretary may require such terms
or conditions in connection with the release under this
section as the Secretary considers appropriate to protect the
interests of the United States.
(d) Instrument of Release.--The Secretary shall execute and
file in the appropriate office of offices a deed of release,
amended deed, or other appropriate instrument effectuating
the release of the reversionary interest under this section.
Mr. ALLARD (during the reading). Mr. Speaker, I ask unanimous consent
that the committee amendment in the nature of a substitute be
considered as read and printed in the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Colorado?
There was no objection.
The committee amendment in the nature of a substitute was agreed to.
The bill was ordered to be engrossed and read a third time, was read
the third time, and passed, and a motion to reconsider was laid on the
table.
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