H. Rept. 115-203 - TO REMOVE THE USE RESTRICTIONS ON CERTAIN LAND TRANSFERRED TO ROCKINGHAM COUNTY, VIRGINIA, AND FOR OTHER PURPOSES115th Congress (2017-2018)
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115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-203
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TO REMOVE THE USE RESTRICTIONS ON CERTAIN LAND TRANSFERRED TO
ROCKINGHAM COUNTY, VIRGINIA, AND FOR OTHER PURPOSES
_______
July 11, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
[To accompany H.R. 954]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 954) to remove the use restrictions on certain
land transferred to Rockingham County, Virginia, and for other
purposes, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.
PURPOSE OF THE BILL
The purpose of H.R. 954 is to remove the use restrictions
on certain land transferred to Rockingham County, Virginia.
BACKGROUND AND NEED FOR LEGISLATION
In 1989, the National Park Service conveyed a 3.03-acre
surplus property, at no cost, to Rockingham County, Virginia,
under the terms of the National Park Services Federal
Lands to Parks Program. The transferred land included a garage
that had previously been used by the National Park Service.
Following the transfer, Rockingham County decided that the non-
profit Plains Area Day Care Center, which provides affordable
childcare for nearly 100 children, would benefit from use of
the garage.
In 1990, Congress enacted Public Law 101-479 to allow for a
portion of the previously transferred land to be used for the
child care center. The Act specified that use should be
confined to the buildings in existence as of the date of
enactment; involve fencing or enclosing of no more than 3,500
square feet of the open space portions of the lands; and not
preclude use of any of the land for other permissible purposes,
subject to reasonable restrictions necessary to allow a use
authorized under the Act. Although a portion of the transferred
property is authorized for use as a day-care center, the center
encounters hurdles in securing financing for improvements and
repairs due to the terms of the original deed and the
subsequent legislation.
H.R. 954 would remove certain deed restrictions from an
approximately 1-acre portion of the property, while the other 2
acres would continue to be subject to the existing deed
restrictions and reversionary clause. Removal of these deed
restrictions will ensure that improvements and repairs can take
place without further delay in the future.
An identical version of this bill, H.R. 2288, passed the
House of Representatives in the 114th Congress by a vote of 407
0. Additionally, a similar bill, H.R. 5162, passed
the House in the 113th Congress by a vote of 378 1.
COMMITTEE ACTION
H.R. 954 was introduced on February 7, 2017, by Congressman
Bob Goodlatte (R-VA). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Federal Lands. On June 22, 2017, the Natural Resources
Committee met to consider the bill. The Subcommittee was
discharged by unanimous consent. No amendments were offered,
and the bill was ordered favorably reported to the House of
Representatives by unanimous consent on June 27, 2017.
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 AND CONGRESSIONAL BUDGET ACT
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
Rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
CONGRESSIONAL BUDGET OFFICE
U.S. Congress Washington, DC 20515Keith Hall, Director July
6, 2017
Honorable Rob Bishop Chairman Committee on Natural
Resources U.S. House of Representatives Washington, DC 20515
Dear Mr. Chairman:
The Congressional Budget Office has prepared the enclosed
cost estimate for H.R. 954, a bill to remove the use
restrictions on certain land transferred to Rockingham County,
Virginia, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave,
who can be reached at 226-2860.
Sincerely,
Keith Hall
Enclosure cc:Honorable Raid M. Grijalva Ranking Member
www,cbo.gov CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
July 6, 2017
H.R. 954
A bill to remove the use restrictions on certain land
transferred to Rockingham County, Virginia, and for other
purposes As ordered reported by the House Committee on Natural
Resources on June 27, 2017
H.R. 954 would remove a use restriction in the deed for a
parcel of land that was conveyed by the National Park Service
(NPS) to Rockingham County, Virginia. That restriction
stipulates that the land can only be used for a public park and
a child care center. Based on information provided by the NPS,
CBO estimates that implementing the bill would have no effect
on the federal budget.
Enacting H.R. 954 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting the legislation would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
H.R. 954 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.
On April 7, 2017, CBO transmitted a cost estimate for S.
331 as ordered reported by the Senate Committee on Energy and
Natural Resources on March 30, 2017. The two bills are similar,
and CBO's estimates of the budgetary effects are the same.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by H. Samuel Papanfuss, Deputy Assistant
Director for Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of Rule XIII, the general performance goal or
objective of this bill is to remove the use restrictions on
certain land transferred to Rockingham 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.
COMPLIANCE WITH H. RES. 5
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
PUBLIC LAW 101-479
AN ACT To allow a certain parcel of land in Rockingham County,
Virginia, to be used for a child care center.
* * * * * * *
SEC. 2. REQUIREMENTS.
(a) A use permitted under this Act shall be confined to
buildings in existence as of the date of enactment of this Act
(which may be appropriately modified or altered so as to meet
other applicablerequirements of law) and shall involve fencing
or enclosing of no more than 3,500 square feet of the open
space portions of the lands, and shall not preclude use of any
of the land for other permissible purposes, subject to
reasonable restrictions necessary to allow a use authorized
under this Act.
(b) The authority of the county under this Act shall be
limited to the authorization of use of the land by a child care
center serving children without regard to their race, creed,
color, national origin, physical or mental disability, or sex,
operated by a nonsectarian organization on a nonprofit basis
and in compliance with all applicable requirements of the laws
of the United States and the Commonwealth of Virginia.
(c) Except as specified in this Act, this Act shall not
increase or diminish the authority or responsibility of the
county with respect to the land.
[(d)(1) If the county, pursuant to this Act, authorizes use
of the lands for a child care center, the county shall include
information concerning such use in the biennial reports to the
Secretary of the Interior required under the terms of the
conveyance of the land to the county by the United States and
shall also provide a copy of such information to appropriate
officials of the United States and the Commonwealth of Virginia
responsible for implementation of laws concerning the operation
of child care centers.
[(2) Any violation of the provisions of this Act shall be
deemed to be a breach of the conditions and covenants under
which the lands were conveyed to the county by the United
States, and shall have the same effect, as provided in the deed
whereby the United States conveyed the lands to the county.]
* * * * * * *
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).
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