[House Report 114-286]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-286
======================================================================
TO REMOVE THE USE RESTRICTIONS ON CERTAIN LAND TRANSFERRED TO
ROCKINGHAM COUNTY, VIRGINIA, AND FOR OTHER PURPOSES
_______
October 6, 2015.--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. 2288]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 2288) to remove the use restrictions on certain
land transferred to Rockingham County, Virginia, and for other
purposes, 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 USE RESTRICTION.
Public Law 101-479 (104 Stat. 1158) is amended--
(1) by striking section 2(d); and
(2) by adding the following new section at the end:
``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).''.
Purpose of the Bill
The purpose of H.R. 2288 is to remove the use restrictions
on certain land transferred to Rockingham County, Virginia.
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. 2288, as amended, would
release deed restrictions on a 1-acre portion of the property
already authorized by law to be used for a child care facility.
The other two acres would continue to be subject to the
existing deed's use restriction and reverter clause. The
reported text represents an agreement between Congressman Bob
Goodlatte, the bill's sponsor, and the National Park Service.
The amendment also eliminates the requirement in section 2(d)
of Public Law 101-479 for Rockingham County to report
biennially to the Secretary of the Interior about the use of
the property for a child care center, as well as other language
in that section that is inconsistent with releasing the center
from the deed restriction.
Committee Action
H.R. 2288 was introduced on May 13, 2015, 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 September 9, 2015, the Natural Resources
Committee met to consider the bill. The Subcommittee was
discharged by unanimous consent. Congressman Tom McClintock (R-
CA) offered an amendment designated 001. The amendment was
adopted by unanimous consent. No other amendments were offered,
and the bill, as amended, was ordered favorably reported to the
House of Representatives by unanimous consent on September 10,
2015.
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. 2288--A bill to remove the use restrictions on certain land
transferred to Rockingham County, Virginia, and for other
purposes
H.R. 2288 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. Because enacting H.R. 2288 would not affect
direct spending or revenues, pay-as-you-go procedures do not
apply.
H.R. 2288 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 Jeff LaFave. The
estimate was approved by H. Samual Papanfuss, 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. The Congressional
Budget Office estimates that enactment of this 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 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. 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, 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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