[Congressional Record Volume 160, Number 140 (Monday, November 17, 2014)]
[House]
[Pages H8003-H8004]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
REMOVING A USE RESTRICTION TO CERTAIN LAND IN ROCKINGHAM COUNTY,
VIRGINIA
Mr. FLEMING. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 5162) to amend the Act entitled ``An Act to allow a certain
parcel of land in Rockingham County, Virginia, to be used for a child
care center'' to remove the use restriction, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5162
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. REMOVAL OF USE RESTRICTION.
The Act entitled ``An Act to allow a certain parcel of land
in Rockingham County, Virginia, to be used for a child care
center'', approved October 31, 1990 (Public Law 101-479), is
amended to read as follows:
``SECTION 1. REMOVAL OF USE RESTRICTION.
``(a) In General.--Notwithstanding any restrictions in the
deed, on and after the date of the enactment of this Act, the
parcel comprised of approximately 3.03 acres of land
transferred by the United States on April 11, 1989, to the
county of Rockingham, Virginia, in deed book number 953 at
page 600, together with improvements thereon may be used by
the county as if the land had been transferred in fee simple
with no use or other restrictions.
``(b) Documentation.--As soon as practical after the date
of the enactment of this Act, the Secretary of the Interior
shall take such actions as are necessary to issue a fee
simple deed with no restrictions to the land described in
subsection (a) to the county of Rockingham, Virginia.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Louisiana (Mr. Fleming) and the gentleman from Arizona (Mr. Grijalva)
each will control 20 minutes.
The Chair recognizes the gentleman from Louisiana.
General Leave
Mr. FLEMING. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include
[[Page H8004]]
extraneous materials on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Louisiana?
There was no objection.
Mr. FLEMING. Mr. Speaker, I yield myself such time as I may consume.
In 1989, the Department of the Interior deeded a small parcel of land
to Rockingham County, Virginia, for public purpose. This land includes
a garage that had previously been used by the National Park Service.
The County determined a nonprofit childcare center in Broadway,
Virginia, would benefit from the use of the garage, and Public Law 101-
479 allowed the deed to be changed for the particular use of the
childcare center. However, under the terms and restrictions of the
transfer, the nonprofit is unable to obtain financing to make
improvements and renovations to the property. H.R. 5162 would remove
the restrictions on the land so the necessary upgrades may be made to
the childcare center.
Congressman Goodlatte has offered a commonsense bill that will assist
the constituents and the community. I urge support for the bill.
I reserve the balance of my time.
{time} 1415
Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume.
H.R. 5162 removes the use restriction on a 3-acre parcel of Federal
land granted in 1990 to Rockingham County, Virginia. The county no
longer needs the parcel for child care and seeks to develop it for
other purposes.
The 3-acre parcel was given to Rockingham County through the National
Park Service's Federal Lands to Parks Program. The Federal Lands to
Parks Program provides Federal land to counties and to other State and
local entities to develop community parks and public spaces. If land
granted through this program is no longer needed for its original
purpose, the National Park Service has the administrative authority to
sell the land at fair market value.
This involves what could be a very lengthy valuation process, but it
is important to remember that these assets are owned by the American
taxpayers, held in trust by the Federal Government, and they deserve a
fair return. In this case, to the best of my knowledge, Rockingham
County did not approach the National Park Service to discuss purchasing
the land at fair market value. Instead, the county went straight to
Congress for this legislative fix.
Revisionary clauses and land use restrictions exist to ensure the
fair use of Federal land and a fair return to the American taxpayer. Of
course, it is important to look at these on a case-by-case basis,
recognizing when Congress should chime in and when it is more
appropriate for administrative action. Congress should only get
involved when all other options are exhausted.
While there may have been an alternative method to achieving the
objective of this legislation, we support the adoption of H.R. 5162.
Mr. Speaker, I reserve the balance of my time.
Mr. FLEMING. Mr. Speaker, I yield 5 minutes to the gentleman from
Virginia (Mr. Goodlatte).
(Mr. GOODLATTE asked and was given permission to revise and extend
his remarks.)
Mr. GOODLATTE. I thank the gentleman from Louisiana for yielding the
time and the chairman of the Natural Resources Committee, Mr. Hastings,
for moving this legislation forward. I want to thank the gentleman from
Arizona as well for his support and indicate to him that the intention
is to continue to use this land for a child care center, but in order
to improve the child care center, they need to be able to get financing
that is not available with the encumbrance that exists right now.
Mr. Speaker, for over 25 years, a little over 3 acres of land and its
associated buildings, previously wholly held by the Federal Government,
have been maintained by Rockingham County and the Plains Area Daycare
Center in my congressional district.
In 1989, the Federal Government deeded these 3 acres of land to
Rockingham County, but prior to this official declaration, Rockingham
County had already been maintaining the lands around the facility. The
land and building had been used as a garage and maintenance facility
for the National Forest Service. However, it was no longer being
utilized, and the county was doing upkeep on the land.
The land transfer in 1989 allowed this land to be used for public
purposes. The county decided that the nonprofit Plains Area Daycare
Center in Broadway, Virginia, which provides child care on a sliding
scale and helps many families who otherwise could not afford child
care, would benefit from the use of the old garage. Public Law 101-479
allowed the deed to be changed from public use for the particular use
of the child care center.
Donations by the community, totaling $75,000, turned the garage
building into a nursery, daycare, and afterschool care facility.
Additionally, the creation of the daycare center provided for the
creation of a playground that the center supports and is open for
public use. To be clear, the center and the playground are the sole
reason that this previously abandoned government land is being used by
the community.
Unfortunately, because of the narrow way Public Law 101-479 was
drafted, any extension or maintenance of the physical structures has
required approval by the Department of the Interior. In 1998, the
county had to obtain permission from the Department to add an addition
that was funded through pledges and a county loan, resulting in another
$125,000 worth of improvements by the community.
The building is, once again, in need of repairs, forcing the county
to seek approval from the Department of the Interior for repairs.
Further, because of the terms of the deed, the daycare center has been
unable to get a loan to complete the needed renovations.
I have been pleased to visit the Plains Area Daycare Center on many
occasions. The center is committed to providing high-quality child care
on a sliding scale. The center is also committed to making sure
children have the skills necessary to enter and thrive in school
through early childhood education programs. The investments this center
is making in the community are immeasurable. Since opening in 1991, the
center has always been at capacity, and it is the only facility of its
kind in the community. By passing this legislation and allowing
Rockingham County and, in return, the Plains Area Daycare Center more
authority over the land, it will ensure that more children and more of
the community will be served by this land.
Mr. Speaker, my legislation today is a simple formality. For 25
years, the land has been deeded to Rockingham County but with
restriction. It is clear the Federal Government no longer has a vested
interest in the land. This property is being used by the county and the
community to help those in need. My legislation removes the
restrictions on the land to ensure this community investment can
continue to thrive.
I urge my colleagues to pass H.R. 5162 so that the necessary upgrades
may be made to the child care center and so that the community can be
better served.
Mr. GRIJALVA. Mr. Speaker, if I may inquire of the gentleman from
Louisiana if he has any more speakers.
Mr. FLEMING. We have no further speakers.
Mr. GRIJALVA. Mr. Speaker, I yield back the balance of my time.
Mr. FLEMING. 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 Louisiana (Mr. Fleming) that the House suspend the rules
and pass the bill, H.R. 5162.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. FLEMING. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
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