[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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