[House Report 112-369]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-369

======================================================================



 
 TO REMOVE RESTRICTIONS FROM A PARCEL OF LAND SITUATED IN THE ATLANTIC 
                  DISTRICT, ACCOMACK COUNTY, VIRGINIA

                                _______
                                

January 18, 2012.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 2087]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2087) to remove restrictions from a parcel of 
land situated in the Atlantic District, Accomack County, 
Virginia, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. REMOVAL OF RESTRICTIONS.

  (a) Removal.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of the Interior shall execute such 
instruments as may be necessary to remove all deed restrictions 
described in subsection (b) relating to the parcel of land described in 
subsection (c).
  (b) Deed Restrictions.--The deed restrictions referred to in 
subsection (a) are those restrictions, including easements, exceptions, 
reservations, terms, conditions, and covenants described in Quitclaim 
Deed No. 17808A from the United States to Accomack County, Virginia, 
executed on December 20, 1976, and recorded among the real estate 
records of Accomack County, Virginia, by the Clerk of the Circuit 
Court, on pages 292 through 296 of Deed Book 381.
  (c) Description of Land.--The parcel of land referred to in 
subsection (a) consists of approximately 31.6 acres situated in the 
Atlantic District, Accomack County, Virginia, more particularly 
described in the metes and bounds description recorded on page 292 of 
the quitclaim deed described in subsection (b).

                          PURPOSE OF THE BILL

    The purpose of H.R. 2087, as ordered reported, is to remove 
restrictions from a parcel of land situated in the Atlantic 
District, Accomack County, Virginia.

                  BACKGROUND AND NEED FOR LEGISLATION

    In 1976, Accomack County, Virginia, acquired 32 acres 
through the Federal Lands to Parks program. The transfer 
dictated that the property be used for recreational purposes. 
Unfortunately, the park has received little use and the County 
would like to dedicate the property to a use which is likely to 
create jobs.
    To appease the National Park Service (NPS) and the dictates 
of the deed, the County offered to make an acre-for-acre land 
swap and create a park in a more suitable location, but NPS is 
unwilling to do a swap--insisting that the County buy out the 
restrictive clause for $815,000, which is over $25,000 per 
acre. The County has explained it does not have those funds 
available, and consequently H.R. 2087 will remove that 
restriction. Once the restriction is removed, the County will 
proceed by developing a research and technology park which will 
lead to short-term construction jobs and hundreds of new long-
term jobs. During markup, the Natural Resources Committee 
adopted an amendment offered by Congressman Robert Wittman (R-
VA) to require the Secretary of the Interior to remove the 
restriction within 90 days of enactment of the legislation.
    The Committee on Natural Resources welcomes the opportunity 
to report legislation that will create jobs at no cost to the 
taxpayers. Congress must act to reduce burdens that have 
stifled job creation in local communities.

                            COMMITTEE ACTION

    H.R. 2087 was introduced on June 2, 2011, by Congressman 
Scott Rigell (R-VA). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on National Parks, Forests and Public Lands. On September 15, 
2011, the Subcommittee held a hearing on the bill. On November 
17, 2011, the Natural Resources Committee met to consider the 
bill. The Subcommittee on National Parks, Forests and Public 
Lands was discharged by unanimous consent. Congressman Robert 
Wittman (R-VA) offered amendment designated .021 to the bill; 
the amendment was adopted by voice vote. The bill, as amended, 
was then ordered favorably reported to the House of 
Representatives by a record vote of 32-11, as follows:


            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(2)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
403 of the Congressional Budget Act of 1974, the Committee has 
received the following cost estimate for this bill from the 
Director of the Congressional Budget Office:

H.R. 2087--A bill to remove restrictions from a parcel of land situated 
        in the Atlantic District, Accomack County, Virginia

    H.R. 2087 would remove certain deed restrictions from a 
parcel of land in eastern Virginia. The National Park Service 
conveyed the 32-acre parcel to Accomack County under the 
condition that the land be used for park and recreational 
purposes. The bill would remove that restriction to allow the 
county to use the land for other purposes.
    The affected land is currently under the jurisdiction of 
Accomack County and does not produce any income for the federal 
government. Because, under current law, CBO expects that the 
land would remain under the county's jurisdiction for the next 
10 years, we estimate that implementing the legislation would 
have no significant impact on the federal budget. Enacting H.R. 
2087 would not affect direct spending or revenues; therefore, 
pay-as-you-go procedures do not apply.
    H.R. 2087 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.
    2. Section 308(a) of Congressional Budget Act. As required 
by clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, this bill does not contain any new budget 
authority, spending authority, credit authority, or an increase 
or decrease in revenues or tax expenditures. CBO estimates that 
implementing the legislation would have no significant impact 
on the federal budget.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill, as ordered reported, is to remove 
restrictions from a parcel of land situated in the Atlantic 
District, Accomack County, Virginia.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                            DISSENTING VIEWS

    In 1976, Accomack County made a deal: under the National 
Park Service's Federal Lands to Parks Program, the county 
received 32 acres of federal property, free of charge, in 
return for a promise to use the land for public recreation 
purposes. The federal government and the County signed a deed 
including these terms.
    Now, the County has determined that the land they received 
for free from the taxpayers could generate more revenue for the 
county if it were developed and have sought a waiver of the 
public recreation requirement. The National Park Service has 
proposed a compromise solution whereby the County could develop 
the 32-acre parcel if it provides new land for public 
recreation. The County has refused this compromise and is 
seeking passage of H.R. 2087.
    Not only does this legislation renege on a deal signed by 
the County, it also sets a devastating precedent. Since its 
inception in 1949, the Federal Lands to Parks Program has 
transferred close to 170,000 acres to communities across the 
United States. In each case, the land transfer includes the 
same requirement that, if the parcel is no longer used for 
recreational purposes, it will revert to federal ownership.
    Allowing Accomack County to capitalize on a parcel of free 
federal land, while requiring other communities to abide by the 
terms of their agreements, cannot be justified and threatens 
the integrity of this popular public recreation program.

                                   Edward J. Markey.
                                   Rush D. Holt.
                                   Grace F. Napolitano.
                                   Niki Tsongas.
                                   Dale E. Kildee.
                                   Frank Pallone, Jr.
                                   Raul M. Grijalva.
                                   Gregorio Kilili Sablan.
                                   Ben Ray Lujan.

                                  
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