[Congressional Record (Bound Edition), Volume 160 (2014), Part 11]
[House]
[Pages 15810-15811]
[From the U.S. 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 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

[[Page 15811]]

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. 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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