90TH CONGRESS 2d Session } HOUSE OF REPRESENTATIVES { No. 1848 REPORT RELEASE OF CONDITION IN CONVEYANCE TO SOUTH CAROLINA STATE COMMISSION OF FORESTRY AUGUST 2, 1968.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. POAGE, from the Committee on Agriculture, REPORT [To accompany H.R. 18207] The Committee on Agriculture, to whom was referred the bill (H.R. 18207) to direct the Secretary of Agriculture to release, on behalf of the United States, a condition in a deed conveying certain lands to the South Carolina State Commission of Forestry so as to permit such commission, subject to a certain condition, to exchange such lands, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: Page 2, line 13, delete all of section 2 and insert in lieu thereof the. following sections: SEC. 2. The Secretary shall release the condition referred to in the first section of this Act only with respect to lands covered by and described in an agreement or agreements entered into between the Secretary and the South Carolina Commission of Forestry in which such State agency, in consideration of the release of such conditions as to such lands, agrees that the lands with respect to which such condition is released shall be exchanged for lands of approximately comparable value and that the lands so acquired by exchange shall be used for public purposes. SEC. 3. Upon application all the undivided mineral interests of the United States in any parcel or tract of land released pursuant to this Act from the condition as to such lands shall be conveyed to the South Carolina Commission of Forestry for the use and benefit of the Commission by the Secretary of the Interior. In areas where the Secretary of the Interior determines that there is no active mineral SEC. 4. Each application made under the provision of sec- SEC. 5. The term "administrative costs" as used in this Act includes, in addition to other items, all costs which the the Secretary of the Interior determines are included in a determination of (1) the mineral character of the land in question, and (2) the fair market value of the mineral interest. SHORT EXPLANATION This bill, with the committee amendment, would (1) Direct the Secretary of Agriculture to release, with respect to 72 acres, a condition in a conveyance to the South Carolina State Commission of Forestry requiring the lands to be used for public purposes. Such release would be conditioned upon the commission's agreement (A) to exchange the 72-acre tract for lands of approximately comparable value, and (B) that the lands acquired by such exchange shall be used for public purposes. (2) Require the Secretary of the Interior upon application to convey the mineral interests of the United States in such tract to the commission at fair market value (or $1 per application if of only nominal value). The bill is generally similar to Public Law 90-307, which provides for a similar release, to the University of Maine. DEPARTMENTAL VIEWS The need for the bill is described in the attached letter from the Department of Agriculture, addressed to Senator Allen J. Ellender, favoring enactment. The committee has recommended adoption of the amendment proposed in the Department's letter. The committee amendments follow the pattern established by Public Law 90–307. Hon. ALLEN J. ELLENDER, DEPARTMENT OF AGRICULture, Chairman, Committee on Agriculture and Forestry, DEAR MR. CHAIRMAN: As requested, here is the Department of Agriculture's report on S. 3578, "To direct the Secretary of Agriculture to release on behalf of the United States, a condition in a deed conveying certain lands to the South Carolina State Commission of Forestry so as to permit such commission, subject to a certain condition, to exchange such lands." We recommend enactment of this bill with the amendments suggested hereinafter. S. 3578 would authorize and direct the Secretary of Agriculture to release on behalf of the United States a certain condition contained in a 1955 deed conveying certain described lands to the South Carolina State Commission of Forestry. The condition required that the lands conveyed to the State be used for public purposes and provides for a reversion to the United States if the lands cease to be so used. The bill provides that the Secretary shall release this condition only with respect to lands covered by an agreement between the Secretary and the South Carolina Commission of Forestry which would set forth certain conditions. The lands involved in S. 3578 were originally acquired by the United States under the provisions of title III of the Bankhead-Jones Farm Tenant Act (50 Stat. 525). This title authorizes the Secretary of Agriculture to conduct a program for the rehabilitiation of submarginal lands. Title III also authorizes the Secretary to dispose of lands to public authorities and agencies under terms and conditions he deems will best accomplish title III purposes, but only on condition that the property conveyed is used for public purposes. The 510-acre tract of land in question here was conveyed to the South Carolina Commission of Forestry on June 28, 1955, subject to the condition that it be used for public purposes. If not so used, ownership would revert to the United States. We understand that the South Carolina Commission of Forestry is seeking a release of the "public use" condition so that it may exchange approximately 72 acres of the 510-acre tract for certain privately owned lands. The tract is presently a part of the Manchester State Forest administered by the commission of forestry. The proposed exchange would enable the commission to consolidate ownership of the land it administers and provide for more efficient management of those lands for forestry and other natural resource conservation purposes. Such an exchange would be consistent with the basic purpose of the public use requirement in the original conveyance to the commission. Public Law 84-237, as supplemented, and Public Law 90-307, involving lands previously conveyed to Clemson University in South Carolina and to the University of Maine respectively, authorize release of the public use requirement by the Secretary of Agriculture upon agreement with the grantee as provided by S. 3578. Disposal of mineral interests also is authorized by those acts. H.R. 16065 involving lands the Interior determines that there is no active mineral SEC. 4. Each application made under the provision of sec- SEC. 5. The term "administrative costs" as used in this Act includes, in addition to other items, all costs which the the Secretary of the Interior determines are included in a determination of (1) the mineral character of the land in question, and (2) the fair market value of the mineral interest. SHORT EXPLANATION This bill, with the committee amendment, would (1) Direct the Secretary of Agriculture to release, with respect to 72 acres, a condition in a conveyance to the South Carolina State Commission of Forestry requiring the lands to be used for public purposes. Such release would be conditioned upon the commission's agreement (A) to exchange the 72-acre tract for lands of approximately comparable value, and (B) that the lands acquired by such exchange shall be used for public purposes. (2) Require the Secretary of the Interior upon application to convey the mineral interests of the United States in such tract to the commission at fair market value (or $1 per application if of only nominal value). The bill is generally similar to Public Law 90-307, which provides for a similar release to the University of Maine. DEPARTMENTAL VIEWS The need for the bill is described in the attached letter from the Department of Agriculture, addressed to Senator Allen J. Ellender, favoring enactment. The committee has recommended adoption of the amendment proposed in the Department's letter. The committee amendments follow the pattern established by Public Law 90–307. Hon. ALLEN J. ELLENDER, DEPARTMENT OF AGRICULTURE, Washington, D.C., July 3, 1968. Chairman, Committee on Agriculture and Forestry, U.S. Senate. DEAR MR. CHAIRMAN: As requested, here is the Department of Agriculture's report on S. 3578, "To direct the Secretary of Agriculture to release on behalf of the United States, a condition in a deed conveying certain lands to the South Carolina State Commission of Forestry so as to permit such commission, subject to a certain condition, to exchange such lands." We recommend enactment of this bill with the amendments suggested hereinafter. S. 3578 would authorize and direct the Secretary of Agriculture to release on behalf of the United States a certain condition contained in a 1955 deed conveying certain described lands to the South Carolina State Commission of Forestry. The condition required that the lands conveyed to the State be used for public purposes and provides for a reversion to the United States if the lands cease to be so used. The bill provides that the Secretary shall release this condition only with respect to lands covered by an agreement between the Secretary and the South Carolina Commission of Forestry which would set forth certain conditions. The lands involved in S. 3578 were originally acquired by the United States under the provisions of title III of the Bankhead-Jones Farm Tenant Act (50 Stat. 525). This title authorizes the Secretary of Agriculture to conduct a program for the rehabilitiation of submarginal lands. Title III also authorizes the Secretary to dispose of lands to public authorities and agencies under terms and conditions he deems will best accomplish title III purposes, but only on condition that the property conveyed is used for public purposes. The 510-acre tract of land in question here was conveyed to the South Carolina Commission of Forestry on June 28, 1955, subject to the condition that it be used for public purposes. If not so used, ownership would revert to the United States. We understand that the South Carolina Commission of Forestry is seeking a release of the "public use" condition so that it may exchange approximately 72 acres of the 510-acre tract for certain privately owned lands. The tract is presently a part of the Manchester State Forest administered by the commission of forestry. The proposed exchange would enable the commission to consolidate ownership of the land it administers and provide for more efficient management of those lands for forestry and other natural resource conservation purposes. Such an exchange would be consistent with the basic purpose of the public use requirement in the original conveyance to the commission. Public Law 84-237, as supplemented, and Public Law 90-307, involving lands previously conveyed to Clemson University in South Carolina and to the University of Maine respectively, authorize release of the public use requirement by the Secretary of Agriculture upon agreement with the grantee as provided by S. 3578. Disposal of mineral interests also is authorized by those acts. H.R. 16065 involving lands |