[Congressional Record Volume 161, Number 172 (Monday, November 30, 2015)]
[House]
[Pages H8427-H8428]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 REMOVAL OF USE RESTRICTION ON CERTAIN LAND TRANSFERRED TO ROCKINGHAM 
                            COUNTY, VIRGINIA

  Mr. LaMALFA. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2288) to remove the use restrictions on certain land 
transferred to Rockingham County, Virginia, and for other purposes, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2288

       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.

       Public Law 101-479 (104 Stat. 1158) is amended--
       (1) by striking section 2(d); and
       (2) by adding the following new section at the end:

     ``SEC. 4. REMOVAL OF USE RESTRICTION.

       ``(a) The approximately 1-acre portion of the land referred 
     to in section 3 that is used for purposes of a child care 
     center, as authorized by this Act, shall not be subject to 
     the use restriction imposed in the deed referred to in 
     section 3.
       ``(b) Upon enactment of this section, the Secretary of the 
     Interior shall execute an instrument to carry out subsection 
     (a).''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. LaMalfa) and the gentleman from Arizona (Mr. Grijalva) 
each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. LaMALFA. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and to 
include extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. LaMALFA. Mr. Speaker, I yield myself such time as I may consume.
  H.R. 2288 removes a use restriction from the deed of an approximately 
1-acre portion of land. The property was transferred to Rockingham 
County, Virginia, in 1989 to construct a child care facility.
  H.R. 2288 would remove the restrictions on the land so that any 
necessary upgrades may be made to the Plains Area Daycare Center in 
Broadway, Virginia, which provides child care for families who 
otherwise could not afford it.
  I reserve the balance of my time.
  Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume.
  H.R. 2288 removes the use restriction on a 1-acre parcel of Federal 
land provided to Rockingham County, Virginia.
  As was stated, in 1989, Congress authorized Rockingham County to use 
a 3-acre parcel of Federal land for the purpose of establishing a child 
care center under the condition that the land continues to be used for 
this purpose. If the county no longer needs the land for a child care 
center, the land reverts back to ownership by the United States or the 
county has the option to purchase it at fair market value.
  The Federal Government has a long tradition of providing public land 
to State, county, and local governments. The fair use of Federal land 
and a fair return to the American taxpayer has to be at the forefront 
of these transactions. Removing public-purpose requirements and use 
restrictions should only be done when it is deemed appropriate and 
necessary.
  In this particular case, the sponsor of this legislation has worked 
with the National Park Service to develop legislation that is both fair 
and transparent.
  The land provided to Rockingham County includes a garage that was 
previously used by the National Park Service that the county has 
determined could benefit the Plains Area Daycare Center. The Park 
Service no longer needs the garage, and removing the use restriction on 
1 of the 3 acres will allow this child care provider to access 
financial assistance in order to upgrade and rehabilitate the garage so 
it is suitable for its needs.
  This is a worthy goal. We support the adoption of H.R. 2288 and 
congratulate the sponsor of the legislation for it.
  I reserve the balance of my time.
  Mr. LaMALFA. Mr. Speaker, I yield 4 minutes to the gentleman from 
Virginia (Mr. Goodlatte).
  Mr. GOODLATTE. I thank the gentleman from California for yielding me 
this time.
  And I thank the chairman of the Natural Resources Committee, the 
gentleman from Utah (Mr. Bishop), for moving this legislation through 
the Natural Resources Committee and to the floor.
  Mr. Speaker, I rise today to urge the passage of H.R. 2288. This bill 
simply removes 20-year-old deed use restrictions on 1 acre of land.
  For over 25 years, a little over 3 acres of land and its associated 
buildings, which were previously wholly held by the Federal Government, 
have been maintained by Rockingham County and the Plains Area Daycare 
Center in my congressional district, the Sixth District of Virginia.
  In 1989, the Federal Government deeded these 3 acres of land, with 
restriction, to Rockingham County. But even prior to this official 
declaration, Rockingham County had already been faithfully maintaining 
the property, which the Federal Government no longer utilized. The 
property had previously been used as a garage and maintenance facility 
for the United States Forest Service.
  When the government transferred this land to Rockingham County in 
1989, the condition was that this property was 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 to many families who otherwise could not afford child care, would 
benefit from the use of the old garage. Therefore, Congress enacted 
Public Law 101-479, which allowed the deed to be changed from public 
use to the particular use of the child care center.
  Donations by the community, totaling $75,000, turned the garage 
building into a nursery, a daycare, and an after-school care facility. 
Additionally, the creation of the daycare center provided

[[Page H8428]]

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 reasons that 
this previously abandoned government land is being used by the 
community.
  I have visited the Plains Area Daycare Center on many occasions and 
have seen the immeasurable investments this center is making in the 
community by providing high-quality child care. Since opening in 1991, 
the center has always been at capacity and is the only facility of its 
kind in the community.
  However, after two decades of consistent use, the facility is in 
desperate need of repair. Unfortunately, because of the narrow way 
Public Law 101-479 was drafted and because of the terms of the deed, 
the daycare center has been unable to get a loan to complete the much-
needed renovations.

                              {time}  1700

  To solve this issue, my legislation would remove the deed use 
restrictions from the 1 acre of property on which the building resides. 
While I would like to have seen the entire 3 acres released, this 
legislation is the result of a compromise that has been endorsed by the 
National Park Service and Rockingham County.
  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.
  This bill is the result of hard work over the past two Congresses. 
The House passed related legislation in the 113th Congress. However, 
the Senate did not act. This Congress, my staff and I have worked 
closely with Rockingham County and the Natural Resources Committee to 
see H.R. 2288 brought before the House. I am hopeful that the Senate 
will take action this time.
  Mr. Speaker, while my legislation today is simply a formality, it is 
of great importance to those being served by this daycare center in the 
community. For 25 years, the land has been deeded to Rockingham County, 
but with overbearing restrictions.
  Since it is clear the Federal Government no longer has a vested 
interest in the land, it is time to lift those restrictions to allow 
the Plains Area Daycare Center to reach its full potential.
  The SPEAKER pro tempore (Mr. LaHood). The time of the gentleman has 
expired.
  Mr. LaMALFA. I yield an additional 1 minute to the gentleman from 
Virginia.
  Mr. GOODLATTE: Twenty years ago Congress made its intention clear 
that a daycare facility was to have use of the property, and I am 
pleased to lead the charge in fixing the law.
  I urge passage of H.R. 2288 to simply remove the deed restrictions on 
1 acre of land so that the necessary upgrades may be made to the 
childcare center and this community investment can continue to thrive.
  Mr. GRIJALVA. Mr. Speaker, I yield back the balance of my time.
  Mr. LaMALFA. 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 California (Mr. LaMalfa) that the House suspend the 
rules and pass the bill, H.R. 2288, as amended.
  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. LaMALFA. 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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