19–006 

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). 

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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: 

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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. 

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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. 

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(6) 

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. 

RAU ́ L M. GRIJALVA. 

GREGORIO KILILI SABLAN. 

BEN RAY LUJA ́ N. 

Æ 

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