[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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