[Congressional Record Volume 143, Number 40 (Tuesday, April 8, 1997)]
[House]
[Pages H1303-H1304]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 RELEASE OF REVERSIONARY INTEREST REGARDING CERTAIN PROPERTY IN IOSCO 
                            COUNTY, MICHIGAN

  Mr. SMITH of Oregon. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 394) to provide for the release of the reversionary 
interest held by the United States in certain property located in the 
County of Iosco, MI.
  The Clerk read as follows:

                                H.R. 394

       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 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 or offices a deed of release, 
     amended deed, or other appropriate instrument effectuating 
     the release of the reversionary interest under this section.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Oregon [Mr. Smith] and the gentlewoman

[[Page H1304]]

from North Carolina [Mrs. Clayton] each will control 20 minutes.
  The Chair recognizes the gentleman from Oregon [Mr. Smith].
  Mr. SMITH of Oregon. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, the bill, H.R. 394, provides for the release of a 
reversionary interest held by the United States in 1.92 acres in real 
property in Iosco County, MI. The release will facilitate a land 
exchange under the Small Tracts Act of 1983 between Iosco County and a 
private party.
  Mr. Speaker, Iosco County acquired property from the United States 
for an airport in 1960, but the Federal Government retained a 
reversionary interest in the event that the property should be used for 
a purpose other than an airport. Because of a survey error, part of the 
land, 1.92 acres, granted by the United States to Iosco County for the 
airport, has been in private use. A release of the reversionary 
interest held by the United States will provide the private party clear 
title to the 1.92 acres.

                              {time}  1515

  In exchange, the private party will provide an equal parcel of land 
to Iosco County. The U.S. Department of Agriculture has no objection to 
the enactment of this bill as introduced, and I urge my colleagues to 
support the bill.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. CLAYTON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 394 which provides for the 
release of a Forest Service reversionary interest in 1.92 acres of land 
that was conveyed to the county of Iosco, MI, in 1960. The release of 
this reversionary interest will clear the way for an exchange by Iosco 
County and a private landowner. In exchange, the private landowner will 
provide a parcel of land of equal value. This legislation will correct 
a surveyor's error. It is necessary to complete this transfer. I 
support this legislation and urge its passage by this House.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Michigan [Mr. Barcia], the original sponsor of this bill.
  (Mr. BARCIA asked and was given permission to revise and extend his 
remarks.)
  Mr. BARCIA. Mr. Speaker, I rise in support of H.R. 394, and I want to 
offer a heartfelt thank-you to the chairman and the ranking minority 
member for their assistance in bringing this bill to the floor so 
quickly.
  This legislation, which will allow for a like exchange of property in 
Iosco County, MI, in my district, in the Fifth District of Michigan, to 
clear title on land that was erroneously surveyed as private land, is 
identical to the bill that we passed in the 104th Congress, H.R. 2670. 
It is supported by the county, the landowner, and the Department of 
Agriculture. It should not be a matter of controversy with anyone. I 
urge its adoption.
  Mr. Speaker, I rise in support of H.R. 394, 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. This bill is 
identical to H.R. 2670 which was approved by the House in the 104th 
Congress.
  I want to thank the chairman of the Resource Conservation, Research 
and Forestry Subcommittee, chaired by the gentleman from Texas [Mr. 
Combest] and the gentleman from California, the ranking minority member 
[Mr. Dooley], 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 that based 
upon the old survey 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 last year 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. The bill before us today is identical to 
the one we passed last year.
  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.
  Mrs. CLAYTON. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. SMITH of Oregon. Mr. Speaker, I have no further requests for 
time, and I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Miller of Florida). The question is on 
the motion offered by the gentleman from Oregon [Mr. Smith] that the 
House suspend the rules and pass the bill, H.R. 394.
  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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