[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.

                          ____________________