Date: 1984-10-02
Speaker: DE LA GARZA (democrat)
Chamber: H

Mr. Speater. I rise in support of S. 566. a bill to direct the Secretary of Agriculture to release on behalf of the United States a reversionary interest in certain tracts of land that have been conveyed to the South Carolina State Commission of Forestry. and to direct the Secretary of the Interior to convey certain mineral interests of the United States in such land to such commission. This bill is similar in many respects to other legislation adopted by Congress in recent years that relates to releasing certain interests of the United States in lands it acquired under Depression era programs of the 1930s. The lands involved in S. 566 were acquired by the Federal Government in 1937 under authority of the BankheadJones Farm Tenant Act. In 1939. through an agreement between the United States and the State of South Carolina. the South Carolina State Commission of Forestry gained the use of the land and established the Manchester State Forest. This 28.718.59acre parcel of land was conveyed to the State of South Carolina on June 28. 1955. under the authority of section 32(c) of that act. The United States retained an undivided threefourths interest in all coal. oil. gas. and other minerals not outstanding of record. The BankheadJones Farm Tenant Act requires that any deed of conveyance under title III be conditioned on the land being used only for public purposes. Thus. the deed affecting the 1955 transfer contained a condition establishing the right of reversion of ownership tb the United States if the land ceased to be used for public purposes. The Tiverton Baptist Church stood on 1.99 acres of this property before the United States acquired it. The church had been given permission to use the land by a previous private owner. The occupancy continued after the 1955 grant to the State. Although the State was aware of the encroachment. it did not seek to resolve it. Several years ago. the Tiverton Baptist Church approached the South Carolina State Commission of Forestry. which has jurisdiction over the land in the Manchester State Forest. about the possibility of obtaining title to the property upon which the churchs actual structure is located. It is the understanding of our committee that the State commission on forestry has approved the churchs request and is willing to transfer title to the 1.99 acres if the public purpose reverter clause is removed. S. 566 would accomplish removal of the reverter clause. The bill directs the Secretary of Agriculture to release the reversionary interest in the 1.99 acres of land on condition that the land not be sold. leased. exchanged. or otherwise disposed of. except to the Tiverton Baptist Church of Sumter. SC. The bill also establishes specific procedures by which the South Carolina State Commission of Forestry may acquire the mineral rights associated with the 1.99 acres of land. Further. the bill provides for the release. on behalf of the United States. of the public use condition and the reversionary clause with respect to approximately 22.715 acres of land in the Manchester State Forest in Sumpter County. SC. that is covered by the same deed of conveyance to the South Carolina State Commission of Forestry as was the 1.99acre parcel. Release of the public use condition and reversionary clause with respect to the 22acre tract would permit the State to convey the tract to a private party who would. in turn. convey to the State a tract of 45.43 acres. The 45.43acre tract would then be required to be devoted exclusively to public purposes. The bill would authorize the Secretary of Agriculture and the State agency to adjust the descriptions of the properties to accommodate any changes necessary to ensure that the lands to be exchanged are of equal value. S. 566. as passed by the Senate. was referred to the Committee on Agriculture. which has not acted upon the bill. However. the chairman of the Subcommittee on Forests. Family Farms. and Energy is satisfied that the bill serves the purposes of the programs of the South Carolina Commission on Forestry. And it contains provisions that were recommended by the Department of Agriculture. which has stated that it has no objection to the enactment of S. 566 if such provisions were included. Mr. Speaker. I believe that this bill serves both the needs of the South Carolina State agency and the Tiverton Baptist Church. and protects the Interests of the United States. I urge my colleagues to join in passing 8. 566.