[Congressional Record Volume 149, Number 166 (Monday, November 17, 2003)]
[House]
[Pages H11166-H11167]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   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.

[[Page H11167]]

  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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