[Congressional Record Volume 164, Number 152 (Wednesday, September 12, 2018)]
[House]
[Pages H8129-H8130]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     WALNUT GROVE LAND EXCHANGE ACT

  Mr. GIANFORTE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5923) to direct the Secretary of Agriculture to exchange 
certain public lands in Ouachita National Forest, and for other 
purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5923

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Walnut Grove Land Exchange 
     Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Church.--The term ``Church'' means the Walnut Grove 
     Church in Garland County, Arkansas.
       (2) Offered tract.--The term ``Offered Tract'' means all 
     right, title, and interest of the Church in and to 
     approximately 6.3 acres of non-Federal land identified as 
     ``Offered Tract 5742''on the Detail Map of the Walnut Grove 
     Exchange, Ouachita National Forest map (printed date May 11, 
     2017).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (4) Selected tract.--The term ``Selected Tract'' means all 
     right, title, and interest of the United States in and to 
     approximately 4 acres identified as ``Selected Tract 5743'' 
     on the Detail Map of the Walnut Grove Exchange, Ouachita 
     National Forest map (printed date May 11, 2017), subject to 
     the reservation of a road easement by the Secretary.

     SEC. 3. EXCHANGE OF LAND; EQUALIZATION OF VALUE.

       (a) Exchange Authorized.--Subject to the provisions of this 
     Act, not later than 2 years after the date of the enactment 
     of this Act, if the Church offers to convey the Offered Tract 
     to the United States, the Secretary shall--
       (1) convey to the Church all right, title, and interest of 
     the United States in and to the Selected Tract; and
       (2) accept from the Church a conveyance of all right, 
     title, and interest of the Church in and to the Offered 
     Tract.
       (b) Requirements.--The exchange under subsection (a) shall 
     be--
       (1) subject to valid existing rights;
       (2) conditioned on an equalization payment made by the 
     Church in accordance with subsection (c); and
       (3) conditioned on the payment of the costs described in 
     subsection (g).
       (c) Equal Value and Cash Equalization.--
       (1) In general.--Except as provided in paragraph (2), the 
     exchange under subsection (a) shall be for equal value or the 
     values shall be equalized by a cash payment.
       (2) Exception.--If the value of the Offered Tract exceeds 
     the Selected Tract, an equalization payment shall not be 
     required.
       (d) Appraisals.--
       (1) In general.--The value of the land to be exchanged 
     under this Act shall be determined by appraisals conducted by 
     one or more independent and qualified appraisers.
       (2) Appraisal standards.--The Secretary shall complete an 
     appraisal of the land to be exchanged under this Act in 
     accordance with--
       (A) the Uniform Appraisal Standards for Federal Land 
     Acquisitions; and
       (B) the Uniform Standards of Professional Appraisal 
     Practice.
       (e) Format.--Title and valuation to the land to be 
     exchanged under this Act shall be in a format acceptable to 
     the Secretary and the Church.
       (f) Map and Legal Descriptions.----
       (1) In general.--As soon as practicable after the date of 
     the enactment of this Act, the Secretary shall finalize a map 
     and legal descriptions of all land to be conveyed under this 
     Act.
       (2) Corrections.--The Secretary may correct any minor 
     errors in the map or in the legal descriptions.
       (3) Map on file.--The map and legal descriptions shall be 
     on file and available for public inspection in appropriate 
     offices of the United States Forest Service.
       (g) Costs of Conveyance.--As a condition of conveyance, any 
     costs related to the conveyance under this section shall be 
     paid by the Church.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Montana (Mr. Gianforte) and the gentlewoman from Massachusetts (Ms. 
Tsongas) each will control 20 minutes.
  The Chair recognizes the gentleman from Montana.


                             General Leave

  Mr. GIANFORTE. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Montana?
  There was no objection.
  Mr. GIANFORTE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, for over 20 years, the Walnut Grove Community Church in 
Jessieville, Arkansas, has sought to gain title to the 4 acres of land 
on which their church and historic cemetery are located. They have 
offered 6 acres of land within the Ouachita National Forest to the U.S. 
Forest Service in exchange. The cemetery and congregation both predate 
the Forest Service.
  Since 1938, the church has operated under special-use permits and has 
had to renew its permit annually since 2002. This situation has left 
the congregation uncertain about their future on the land they have 
worshipped on for decades.
  Furthermore, like any structure built 80 years ago, the church 
requires maintenance. Unfortunately, its operation under a permit 
limits the congregation's ability to maintain and improve their church 
building.
  Congressman Westerman has introduced a commonsense land exchange that 
will greatly benefit the community of Jessieville at no cost to the 
American taxpayer. He should be commended for his work.
  Mr. Speaker, I urge adoption of the measure, and I reserve the 
balance of my time.
  Ms. TSONGAS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, this bill authorizes a long overdue land exchange 
between the Forest Service and the Walnut Grove Church in Garland 
County, Arkansas. The church was built on Forest Service land, and the 
exchange will simplify ownership claims and facilitate access and 
improvements to the property.
  The land exchange authorized by this bill includes commonsense 
safeguards that ensure fair compensation for the value of public lands, 
and I am happy to support its adoption and I urge my colleagues to vote 
``yes.''

[[Page H8130]]

  Mr. Speaker, I reserve the balance of my time.
  Mr. GIANFORTE. Mr. Speaker, I yield 3 minutes to the gentleman from 
Arkansas (Mr. Westerman).
  Mr. WESTERMAN. Mr. Speaker, I thank the gentleman from Montana (Mr. 
Gianforte) and the gentlewoman from Massachusetts for her support of 
the bill.
  Mr. Speaker, the Walnut Grove Land Exchange Act should not need to 
exist. It is a simple bill which swaps 4 acres of public property, 
which currently houses a community, cemetery, and church with 6 acres 
of private timberland. And as was mentioned, this church and cemetery 
was established decades before the Forest Service.
  To those who hear this and think, 10 acres? Why on Earth would it 
take an act of Congress to exchange a total of 10 acres? Rest assured 
that I had the same initial reaction. Not that this bill or the church 
itself are unimportant. On the contrary, the Walnut County Community 
Church is vital to the rural residents of Garland County.
  The church is not only a place of worship. It has held countless 
community meetings and more. Its cemetery is the final resting place 
for many of Garland County's servicemen and -women, and the church 
itself has served as a search-and-rescue command post in the past.
  However, under the current law, the church does not own the land on 
which it worships or buries its dead. As such, the Forest Service has 
the authority to raise the church's use fee each year and has done so 
over the past decade. Worse yet, any improvement or restoration to the 
church must be done with the explicit permission of the Federal 
Government. As a result, the Walnut Grove congregation has not been 
able to modify or upgrade their 80-year-old building, despite the need 
to expand to match the growing demands of the community.
  Members of the congregation have tried for decades to resolve this 
issue with the Forest Service. They have called, written, and 
petitioned both the local and regional offices to purchase or exchange 
the land. They have willingly taken on maintenance of the property and 
have graciously accepted higher and higher usage fees under the guise 
that an exchange was coming. An exchange never came.
  Mr. Speaker, it is time we stop this 20-year merry-go-round. This 
bill is vitally important to this congregation, and it is past time 
that we help them resolve their issue.
  My bill has wide bipartisan and bicameral support, having passed the 
committee unanimously and having a companion measure in the Senate. I 
urge swift passage of this bill.

                              {time}  1600

  Ms. TSONGAS. Mr. Speaker, I yield back the balance of my time.
  Mr. GIANFORTE. 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 Montana (Mr. Gianforte) that the House suspend the rules 
and pass the bill, H.R. 5923, 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. GIANFORTE. 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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