Date: 1987-05-27
Speaker: DE LA GARZA (democrat)
Chamber: H

Mr. Speaker. I yield myself such time as I may consume. Mr. Speaker. I rise today in support of H.R. 1004. a bill to convey certain national forest land to Unicoi County. TN. and for other purposes. This bill was introduced by our colleague. the gentleman from Tennessee. Mr. JIM QUILLEN. on February 4. 1987. and referred -to the Committee on Agriculture. H.R. 1004 directs the Secretary of Agriculture to convey at fair market value a 121acre tract of land in the Cherokee National Forest to Unicol County. TN. This conveyance is necessary in order to permit Unicoi County to expand its tax base through residential development of the tract. Unicoi County is a small. rural county with a population of 16.000 people. Nearly half of the countys total land area is administered by the Forest Service. Of the remaining lands in the county. much is -steeply sloped. rugged. and inaccessible. With the exception. of the 121acre tract. the county generally lacks lands suitable for development. This parcel. which is approximately 1.000 feet. deep and 1 mile long. lies adjacent to a county road just outside the town of Unicoi. It is amidst existing residential development and would be developed by the county in a similar manner. Last year when the Tennessee Wilderness.Act of 1986 was being considered by the House. Mr. QUILLEN made known the interest of Unicol County in acquiring this parcel. The matter was specifically addressed by the Committee on Interior and Insular Affairs during consideration of H.R. 5166. later enacted as the Tennessee Wilderness Act. That committee noted in its report on H.R. 5166 (Rept. 99853. part 1) that the 121acre tract was "not essential for the Forest Services purposes. but * 0 * of great potential value to the county." The Forest Service was directedto work with Unicoi County to arrange foreither purchase of the parcel by the county or exchange for other lands. "in order to make this parcel available for private development to increase the countys tax base." Based upon discussions between the Forest Service and Unicol County. H.R. 1004 was drafted to provide for the sale of this 121acre tract to the county. Conveyance of the tract would be made on the countys payment of fair market value to the Forest Service. The bill provides that the county may purchase the tract over 5 years. If done in this manner. the county would pay interest on that portion of the purchase price that remains unpaid. The county could receive title for parcels of the tract subdivided such that the amount of land conveyed to the county is equal in value to the amount of payment received. Mr. Speaker. the Subcommittee on Forests. Family Farms. and Energy of the Committee on Agriculture held a public hearing to consider H.R. 1004 on March 3. 1987. On March 24. 1987. the subcommittee favorably reported the bill to the full committee. The Committee on Agriculture voted to favorably report the bill to the House on April 1. 1987. The administration stated in its testimony before the subcommittee that it has no objection to enactment of the bill. Furthermore. the Congressional Budget Office has indicated that the bill will Increase Federal receipts by approximately $160.000 over the next 5 years. H.R. 1004 is necessary because the Forest Service is not authorized. except under very limited circumstances. to sell national forest lands. The Small Tracts Act provides such an exception to this rule. The committee recognizes the value of limiting the authority to sell national forest lands and does not Intend to broaden this authority with enactment of H.R. 1004. However. the committee does recognize the unique nature of the situation affecting Unicoi County. I also point out. Mr. Speaker. that the Committee on Agriculture has recommended to the Secretary of Agriculture that certain terms and conditions be included in the conveyance documents in order to protect the interests of the United States. Specifically. the Forest Service should not subdivide the tract in a manner that would isolate any parcels remaining in U.S. ownership from access to the adjacent county road: the tract should be divided into parcels containing topographic features that are representative. to the extent possible. of the topography of the entire tract. the sale of one parcel should not negatively affect the value of any parcel remaining in U.S. ownership. the sale of the tract should not diminish the value of the national forest lands that are adjacent to it. and an easement should be provided that allows the Forest Service to use roads on the tract to access adjacent national forest lands. Also. to further protect the interests of the United States. the fair market value of the tract is to be determined based on its potential for development and not solely upon its current use as forest land. Any costs associated with transferring title of the tract or parcels thereof to the county. such as the cost of land surveys. are to be borne by the county. Mr. Speaker. I believe that this is an effective and equitable measure for dealing with the unique situation affecting Unicoi County. and I recommend its immediate passage.