[House Report 113-624]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-624

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AMENDING 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

                                _______
                                

 November 17, 2014.--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

                        [To accompany H.R. 5162]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
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, 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. 5162 is 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.

                  Background and Need for Legislation

    In 1989, the Department of the Interior deeded a small 
parcel of land to Rockingham County, Virginia, for public 
purposes. This land includes a garage that had previously been 
used by the National Park Service. The County determined the 
non-profit Plains Area Day Care Center in Broadway, Virginia, 
which provides childcare, would benefit from use of the garage. 
Public Law 101-479 allowed the deed to be changed from public 
use for the particular use of the child care center. However, 
under the terms and restrictions of the transfer, the non-
profit is unable to obtain loans 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 child care center.

                            Committee Action

    H.R. 5162 was introduced on July 22, 2014, by Congressman 
Bob Goodlatte (R-VA). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Public Lands and Environmental Regulation. On September 9, 
2014, the Subcommittee held a hearing on the bill. On September 
18, 2014, the Full Natural Resources Committee met to consider 
the bill. The Subcommittee on Public Lands and Environmental 
Regulation was discharged by unanimous consent. No amendments 
were offered, and the bill was adopted and ordered favorably 
reported to the House of Representatives by unanimous consent.

            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. 5162--A bill 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

    H.R. 5162 would remove restrictions 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 NPS, CBO 
estimates that implementing the bill would have no effect on 
the federal budget. Enacting H.R. 5162 would not affect direct 
spending or revenues; therefore, pay-as-you-go procedures do 
not apply.
    H.R. 5162 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Martin von 
Gnechten. 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. Based on 
information provided by the National Park Service, CBO 
estimates that implementing the bill would have no effect 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 is 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.

                           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. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    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, existing law in which no change is 
proposed is shown in roman):

                        ACT OF OCTOBER 31, 1990


                          (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.

[SECTION 1. ADDITIONAL USE AUTHORIZED.

  [Subject to the requirements of this Act, the County of 
Rockingham,Commonwealth of Virginia, hereafter referred to as 
``the county'', is authorized to permit use of the land 
described in section 3, hereafter referred to as ``the land'', 
for purposes of a child carecenter, notwithstanding the 
restrictions on use of such land otherwiseapplicable under the 
terms of the conveyance of such land to the county by the 
United States.

[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 applicable requirements 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. 3. LAND DESCRIPTION.

  [The land referred to in sections 1 and 2 is that 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.]

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.

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