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1975/01/08 HR510 Land Conveyance Georgia
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1975/01/08 HR510 Land Conveyance Georgia
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The original documents are located in Box 23, folder "1/8/75 HR510 Land Conveyance
Georgia" of the White House Records Office: Legislation Case Files at the Gerald R. Ford
Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
APPROVED
Digitized from the White House Records Office: Legislation Case Files at the Gerald R. Ford Presidential Library
PRESIDENT
EXECUTIVE OFFICE OF THE PRESIDENT
UNITED
OFFICE OF MANAGEMENT AND BUDGET
-
EXEC
STATES
WASHINGTON, D.C. 20503
JAN8
DEC 31 1974
Posted
MEMORANDUM FOR THE PRESIDENT
1/9
Subject: Enrolled Bill H.R. 510 - Land conveyance,
Georgia
To archines
Sponsor - Rep. Flynt (D) Georgia
1/9
Last Day for Action
January 10, 1975 - Friday
Purpose
Directs the Secretary of Agriculture to convey to the
Jasper County Board of Education any interest held by
the United States in some 43 acres of land and improvements
located in Jasper County, Georgia.
Agency Recommendations
Office of Management and Budget
Approval
Department of Agriculture
Approval
Discussion
H.R. 510 would direct the Secretary of Agriculture to
convey to the Jasper County Board of Education any interest
held by the United States in certain real property located
in Jasper County, Georgia. The real property comprises
some 43 acres of land and various improvements including a
dormitory, a school building, miscellaneous utilities and
a wood workshop.
The United States acquired this land in the 1930's under
the Bankhead-Jones Farm Tenant Act -- the tract was conveyed
by quitclaim deed to the Jasper County Board of Education on
2
April 26, 1940 subject to the condition that it would
revert to the United States when it was no longer used
or needed for educational purposes. For years, the Board
of Education used the property for school purposes.
However, more recently the Jasper County school system has
undergone significant consolidation under which the property
in question is no longer used. According to the House
Interior Committee, the School Board desires to sell the
property and apply the proceeds toward construction of an
annex to Jasper County's consolidated highschool. The
current market value of the land is estimated at between
$19,000 and $34,000 with the current salvage value of the
improvements placed at about $15,000.
In its views letter on the enrolled bill, Agriculture
explains its earlier opposition to H.R. 510, but now on
balance it recommends approval as explained below:
"The Jasper County Board of Education apparently
has no identifiable need for acquiring comparable
property for public purposes. Since neither the
subject property nor alternate real property is
needed, we recommended to the Congress that the
property should revert to the United States in
keeping with the conditions in the deed. We also
stated that we would have no objection to convey-
ing all interest of the United States in the land
to the Board of Education, provided that the
Federal Government receives fair market value for
the property including improvements which were
present when the property was conveyed to the Board
of Education.
"In its report on the bill H.R. 510, the House
Committee on Interior and Insular Affairs rejected
our recommendations. It expressed the conviction
that the history of Jasper County's use of the
property and the intent of the bill were analogous
to former policies and practices of the Federal
government which resulted in lands being granted
to the States for school purposes and permitted the
proceeds from the sale of such lands to accrue to
the States to be used for educational purposes.
The Committee amended H.R. 510 to include a proviso
3
to assure that the proceeds from any sale of
the subject property would be used for
educational purposes.
"The Department of Agriculture does not have
any special needs for the property for National
Forest or other purposes should it revert to the
United States. In July 1973, the Forest Service
contacted Federal, State, and local public bodies
to determine if they were likely to have needs
for the property. The Forest Service was unable
to find any public body that was definitely
interested or prepared to utilize the property.
On the basis of these facts and in light of the
House Interior and Insular Affairs Committee's
position that the effect of the bill is consistent
with previous Federal policy, we have no objection
to the proposed conveyance.
Wufnd H Rovemel
Assistant Director for
Legislative Reference
Enclosures
ACTION
THE WHITE HOUSE
Last Day: January 10
WASHINGTON
January 7, 1975
MEMORANDUM FOR THE PRESIDENT
FROM:
KEN COLE
SUBJECT:
Enrolled Bill H.R. 510
Land Conveyance, Georgia
Attached for your consideration is H.R. 510, sponsored by
Representative Flynt, which directs the Secretary of
Agriculture to convey to the Jasper County Board of
Education any interest held by the United States in some
43 acres of land and improvements located in Jasper County,
Georgia.
OMB recommends approval and provides additional background
information in its enrolled bill report (Tab A).
Max Friedersdorf and Phil Areeda both recommend approval.
RECOMMENDATION
That you sign H.R. 510 (Tab B).
DEPARTMENTOR ))
DEPARTMENT OF AGRICULTURE
OFFICE OF THE SECRETARY
WASHINGTON, D. C. 20250
December 24, 1924
Honorable Roy L. Ash
Director, Office of Management
and Budget
Dear Mr. Ash:
In reply to the request of your office, the following report is submitted
on the enrolled enactment H.R. 510, "To authorize and direct the Secretary
of Agriculture to convey any interest held by the United States in certain
property in Jasper County, Georgia, to the Jasper County Board of Education."
The Department of Agriculture recommends that the President approve the
enactment.
H.R. 510 would authorize and direct the Secretary of Agriculture to convey
to the Jasper County Board of Education, Jasper County, Georgia, all right,
title, and interest in real property which the United States holds as a
result of convenants contained in a quitclaim deed dated April 26, 1940,
made by the United States, as grantor, to the Jasper County Board of
Education, as grantee. The real property involved consists of 42.65 acres
of land and improvements including a school building, a wood workshop, a
dormitory, and miscellaneous utilities.
The property was acquired by the United States in the 1930's, and was
administered under the provisions of Title III of the Bankhead-Jones Farm
Tenant Act (50 Stat. 525). Title III authorizes the Secretary of Agriculture
to conduct a program for the rehabilitation of submarginal lands. Property
acquired under Title III can be disposed of by the Secretary to public
authorities and agencies under terms and conditions as he deems will best
accomplish Title III purposes, but only on condition that the property is
used for public purposes. In keeping with the intent of Title III, deeds
conveying such property to public authorities contained convenants stipulating
the type of public use for which the grant was made. In the event the
properties cease to be used for such purposes, the deeds also provide for
a reversion of title to the United States.
The property described in H.R. 510 was conveyed without charge to the
Jasper County Board of Education for use for educational purposes. The
property is no longer used by the Board of Education for these purposes and
is, therefore, subject to reversion to the United States. We understand
that the Board of Education seeks to be released from the convenants in the
deed so that they may sell the property and use the proceeds for educational
purposes.
Honorable Roy L. Ash
2
Some 836,000 acres of Title III lands have been conveyed by this Department
to various public bodies in a number of separate transactions. Over the
years, changes in land use patterns, administrative requirements and other
factors have affected the ability of some public bodies to effectively utilize
the properties. Consequently, some public bodies have sought to sell or
exchange these lands. Special legislation authorizing and directing the
Secretary of Agriculture to release the conditions in the deeds has been
enacted for such cases; however, the legislation would require the public
bodies to agree that the proceeds from a sale or other disposition of the
property would be used to acquire comparable lands to be used for public
purposes.
The Jasper County Board of Education apparently has no identifiable need
for acquiring comparable property for public purposes. Since neither the
subject property nor alternate real property is needed, we recommended to
the Congress that the property should revert to the United States in keeping
with the conditions in the deed. We also stated that we would have no
objection to conveying all interest of the United States in the land to the
Board of Education, provided that the Federal Government receives fair market
value for the property including improvements which were present when the
property was conveyed to the Board of Education.
In its report on the bill H.R. 510, the House Committee on Interior and
Insular Affairs rejected our recommendations. It expressed the conviction that
the history of Jasper County's use of the property and the intent of the bill
were analogous to former policies and practices of the Federal government
which resulted in lands being granted to the States for school purposes and
permitted the proceeds from the sale of such lands to accrue to the States to
be used for educational purposes. The Committee amended H.R. 510 to include
a proviso to assure that the proceeds from any sale of the subject property
would be used for educational purposes.
The Department of Agriculture does not have any special needs for the property
for National Forest or other purposes should it revert to the United States.
In July 1973, the Forest Service contacted Federal, State, and local public
bodies to determine if they were likely to have needs for the property.
The Forest Service was unable to find any public body that was definitely
interested or prepared to utilize the property. On the basis of these
facts and in light of the House Interior and Insular Affairs Committee's
position that the effect of the bill is consistent with previous Federal
policy, we have no objection to the proposed conveyance.
Sincerely,
Campbell
Acting Secretary
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
DEC $1 1974
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 510 - Land conveyance,
Georgia
Sponsor - Rep. Flynt (D) Georgia
Last Day for Action
January 10, 1975 - Friday
Purpose
Directs the Secretary of Agriculture to convey to the
Jasper County Board of Education any interest held by
the United States in some 43 acres of land and improvements
located in Jasper County, Georgia.
Agency Recommendations
Office of Management and Budget
Approval
Department of Agriculture
Approval
Discussion
H.R. 510 would direct the Secretary of Agriculture to
convey to the Jasper County Board of Education any interest
held by the United States in certain real property located
in Jasper County, Georgia. The real property comprises
some 43 acres of land and various improvements including a
dormitory, a school building, miscellaneous utilities and
a wood workshop.
The United States acquired this land in the 1930's under
the Bankhead-Jones Farm Tenant Act -- the tract was conveyed
by quitclaim deed to the Jasper County Board of Education on
2
April 26, 1940 subject to the condition that it would
revert to the United States when it was no longer used
or needed for educational purposes. For years, the Board
of Education used the property for school purposes.
However, more recently the Jasper County school system has
undergone significant consolidation under which the property
in question is no longer used. According to the House
Interior Committee, the School Board desires to sell the
property and apply the proceeds toward construction of an
annex to Jasper County's consolidated highschool. The
current market value of the land is estimated at between
$19,000 and $34,000 with the current salvage value of the
improvements placed at about $15,000.
In its views letter on the enrolled bill, Agriculture
explains its earlier opposition to H.R. 510, but now on
balance it recommends approval as explained below:
"The Jasper County Board of Education apparently
has no identifiable need for acquiring comparable
property for public purposes. Since neither the
subject property nor alternate real property is
needed, we recommended to the Congress that the
property should revert to the United States in
keeping with the conditions in the deed. We also
stated that we would have no objection to convey-
ing all interest of the United States in the land
to the Board of Education, provided that the
Federal Government receives fair market value for
the property including improvements which were
present when the property was conveyed to the Board
of Education.
"In its report on the bill H.R. 510, the House
Committee on Interior and Insular Affairs rejected
our recommendations. It expressed the conviction
that the history of Jasper County's use of the
property and the intent of the bill were analogous
to former policies and practices of the Federal
government which resulted in lands being granted
to the States for school purposes and permitted the
proceeds from the sale of such lands to accrue to
the States to be used for educational purposes.
The Committee amended H.R. 510 to include a proviso
3
to assure that the proceeds from any sale of
the subject property would be used for
educational purposes.
"The Department of Agriculture does not have
any special needs for the property for National
Forest or other purposes should it revert to the
United States. In July 1973, the Forest Service
contacted Federal, State, and local public bodies
to determine if they were likely to have needs
for the property. The Forest Service was unable
to find any public body that was definitely
interested or prepared to utilize the property.
On the basis of these facts and in light of the
House Interior and Insular Affairs Committee's
position that the effect of the bill is consistent
with previous Federal policy, we have no objection
to the proposed conveyance."
Wufred H Rovemel
Assistant Director for
Legislative Reference
Enclosures
THE WHITE HOUSE
WASHINGTON
1/2/75
MEMORANDUM FOR:
WARREN HENDRIKS
VL
FROM:
MAX L. FRIEDERSDORF
SUBJECT:
Action Memorandum - Log No. 946
Enrolled Bill H.R. 510 - Land
Conveyance, Georgia
The Office of Legislative Affairs concurs with the Agencies
that the enrolled bill should be signed.
Attachments
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.: 946
Date: January 1, 1975
Time: 11:00 a.m.
FOR ACTION: Mike Duval
CC (for information): Warren Hendriks
Max Friedersdorf
Jerry Jones
Phil Areeda
1
Jack Marsh
FROM THE STAFF SECRETARY
DUE: Date: Thursday, January 2
Time: noon
SUBJECT:
Enrolled Bill H.R. 510 - Land conveyance, Georgia
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
For Your Comments
Draft Remarks
REMARKS:
no objection
P. Areeda
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
Farren K. Hendriks
telephone the Staff Secretary immediately.
For the President
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.: 946
Date: January 1, 1975
Time: 11:00 a.m.
FOR ACTION: Mike Duval oh
cc (for information): Warren Hendriks
Max Friedersdorf sign
Jerry Jones
Phil Areeda no ob,
Jack Marsh
FROM THE STAFF SECRETARY
DUE: Date: Thursday, January 2
Time: noon
SUBJECT:
Enrolled Bill H.R. 510 - Land conveyance, Georgia
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
For Your Comments
Draft Remarks
REMARKS:
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
K.R. COLE, JR.
telephone the Staff Secretary immediately.
For the President
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.: 946
Date: January 1, 1975
Time: 11:00 a.m.
FOR ACTION: Mike Duval
cc (for information): Warren Hendriks
Max Friedersdorf
Jerry Jones
Phil Areeda
Jack Marsh
FROM THE STAFF SECRETARY
DUE: Date: Thursday, January 2
Time: noon
SUBJECT:
Enrolled Bill H.R. 510 - Land conveyance, Georgia
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
For Your Comments
Draft Remarks
REMARKS:
OK
Mike Daval
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
Warren K. Hendriks
telephone the Staff Secretary immediately.
For the President
93D CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
2d Session
No. 93-986
AUTHORIZING AND DIRECTING THE SECRETARY OF AGRICULTURE
TO CONVEY ANY INTEREST HELD BY THE UNITED STATES IN CER-
TAIN PROPERTY IN JASPER COUNTY, GA., TO THE JASPER COUNTY
BOARD OF EDUCATION
APRIL 11, 1974.-Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. HALEY, from the Committee on Interior and Insular Affairs,
submitted the following
REPORT
[To accompany H.R. 510]
The Committee on Interior and Insular Affairs, to whom was re-
ferred the bill (H.R. 510). To authorize and direct the Secretary of
Agriculture to convey any interest held by the United States in cer-
tain property in Jasper County, Georgia, to the Jasper County Board
of Education, 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 1, line 11, strike out "deed." and insert in lieu thereof:
deed: Provided, however, That any proceeds from the sale,
lease, exchange or other use or disposition of the lands shall
be used exclusively for educational purposes by the Jasper
County Board of Education.
PURPOSE
The purpose of H.R. 510, introduced by Mr. Flynt, and as amended
by the Committee, is to convey any interest held by the United States
in 42.65 acres of land in Jasper County, Georgia to the Jasper County
Board of Education.
EXPLANATION
The 42.65 acres of land were acquired by the United States in the
1930's, and were administered under the provisions of Title III of the
Bankhead-Jones Farm Tenant Act (50 Stat. 525). Title III authorizes
the Secretary of Agriculture to dispose of lands to public authorities
and agencies under terms and conditions that he deems will best accom-
plish Title III purposes. Deeds conveying such Title III lands to
99-006
2
public authorities contained convenants stipulating the type of public
use for which the grant was made. When the lands cease to be used
for such purposes, title reverts to the United States.
The land was conveyed by quitclaim deed on April 26, 1940 to the
Jasper County Board of Education for use for educational purposes.
The land would revert to the United States when it was no longer
used or needed for educational purposes. The language in this legisla-
tion would release the Board of Education from this covenant and per-
mit the Board to sell or otherwise dispose of the land. There is prece-
dent for legislation authorizing and directing the Secretary of Agri-
culture to release covenants in deeds conveying Title III lands, pro-
vided that, the public agencies agreed to exchange the lands or use the
proceeds from the disposal of the lands, to acquire comparable lands
to be used for public purposes. Such legislation may be found in Public
Laws 92-319 (86 Stat. 381), 90-307 (82 Stat. 122), 90-410 (82 Stat.
393), 90-517 (82 Stat. 871), 90-520 (82 Stat. 873), and 85-788 (72
Stat. 939).
Since the 1940 conveyance, the educational system in Jasper County,
as in most of the rest of the State of Georgia, have incorporated and
consolidated into countywide school systems. The Board, faced with
this changed educational system, maintains that it is not economically
feasible to build much needed vocational classrooms and laboratories
on the old school property. Their desire is to acquire the property in
fee simple, sell the land, and use the proceeds from the sale to build
these much-needed classrooms and laboratories as an annex to their
consolidated high school. The end result would be that the funds
would be used for educational purposes.
The Department of Agriculture, on the other hand, testified that if
there was no other public need for the property, it would have no ob-
jection to turning the land over to the Board for its subsequent dis-
posal provided the Federal government received fair market value for
the property including improvements which were present when the
land was conveyed to the Board. The Forest Service estimated the
1934 purchase price of the land as $256 for the 42.65 acres and the
value of the structural improvements at $195,460. The current salvage
value of the improvements was placed at about $15,000, and the current
market value of the land was estimated at from $450-$800 per acre or
about $19,000-$34,000 for the parcel.
On August 31, 1973, the Forest Service notified the Committee that
a check had been made and that the only respondent that indicated a
possible need for the land was the Abraham Baldwin Agricultural Col-
lege, Tifton, Georgia, although it does not have the funds for renova-
tion of the buildings at this time.
The Committee felt the Department of Agriculture's recommenda-
tion that the Federal government receive fair market value for the land
and depreciated value of the structural improvements was unreasonable
and contrary to the principle and purposes of the legislation. The Com-
mittee felt that for thirty-three years the Federal government gave this
tract of land to the Jasper County Board of Education and said use it
for school purposes. If it did not, then title reverts to the Federal gov-
ernment. The School Board has so used the land, but has found it can
no longer ınake proper use of the land and the facilities in the face of
H.R. 986
3
the different type of school svstem prevailing and the vocational needs
of this system. The proposal in the legislation is, instead of requiring
reversion of the title. to allow the School Board to sell the land and
use the proceeds of the sale for school purposes. This is analogous to
the policy and practice of the government in granting designated sec-
tions of land to the various States for school purposes. Those sections:
had to be devoted to educational purposes. but if they are sold. the
proceeds must be devoted to educational purposes. Any increment in
value from the sale of such lands would accrue to the State and be de-
voted to educational purposes. The Committee felt this legislation ac-
complishes substantially the same thing and the Committee amend-
ment assures the money will be used for educational purposes.
COMMITTEE AMENDMENT
The Committee amended the bill, H.R. 510, to assure that money
derived from the sale or exchange of the property will be used for
educational purposes by the Jasper County, Georgia Board of
Education.
COST
Enactment of H.R. 510 will require no Federal expenditure.
COMMITTEE RECOMMENDATION
The Committee on Interior and Insular Affairs recommends, by a
voice vote, that the bill, H.R. 510, as amended, be enacted.
DEPARTMENTAL REPORTS
The communications and reports received by the Committee from
the Department of the Interior, dated June 13, 1973; Department of
Agriculture, dated June 25, 1973; and Department of Agriculture
Supplemental Letter, dated August 31, 1973 follow.
U.S. DEPARTMENT OF THE INTERIOR,
OFFICE OF THE SECRETARY.
Washington, D.C., June 13. 1973.
Hon. JAMES A. HALEY,
Chairman, Committee on Interior and Insular Affairs, House of
Representatives, Washington, D.C.
DEAR MR. CHAIRMAN: This responds to your request for this De-
partment's views on H.R. 510, a bill "To authorize and direct the Sec-
retary of Agriculture to convey any interest held by the United States
in certain property in Jasper County, Georgia, to the Jasper County
Board of Education."
We defer to the Department of Agriculture for their views on the
bill.
H.R. 510 would direct the Secretary of Agriculture to convey to the
Jasper County Board of Education all right, title and interest in and
to real property described in a quitclaim deed made by the United
States to the Jasper County Board of Education on April 26. 1940.
H.R. 986
4
The effect of the bill would be to waive all covenants and reservations
in the deed.
The land consists of 42.65 acres and was conveyed to the Jasper
County Board of Education by the Secretary of Agriculture under the
Bankhead Jones Farm Tenant Act. The deed contains covenants gov-
erning use of the land for educational purposes and reserves the right
to construct and maintain buildings on the land and to grant easements
for such purposes.
The Department of the Interior has no administrative jurisdiction
over the land.
The Office of Management and Budget has advised that there is no
objection to the presentation of this report from the standpoint of the
Administration's program.
Sincerely yours,
JACK O. HORTON,
Assistant Secretary of the Interior.
DEPARTMENT OF AGRICULTURE,
OFFICE OF THE SECRETARY,
Washington, D.C., June 25, 1973.
Hon. JAMES A. HALEY,
Chairman, Committee on Interior and Insular Affairs,
U.S. House of Representatives.
DEAR MR. CHAIRMAN: This is in reply to your request for a report
on H.R. 510 a bill, "To authorize and direct the Secretary of Agricul-
ture to convey any interest held by the United States in certain prop-
erty in Jasper County, Georgia, to the Jasper County Board of
Education."
The Department of Agriculture recommends that H.R. 510 not be
enacted at this time.
H.R. 510 would authorize and direct the Secretary of Agriculture
to convey to the Jasper County Board of Education, Jasper County,
Georgia, all right, title, and interest in real property which the United
States holds as a result of covenants contained in a quitclaim deed
dated April 26, 1940, made by the United States, as grantor, to the
Jasper County Board of Education, as grantee.
The property involved in H.R. 510 consists of 42.65 acres of land
and improvements including a school building, a wood workshop, a
dormitory, and miscellaneous utilities.
The property was acquired by the United States in the 1930's, and
was administered under the provisions of Title III of the Bankhead-
Jones Farm Tenant Act (50 Stat. 525). Title III authorizes the Secre-
tary of Agriculture to conduct a program for the rehabilitation of sub-
marginal lands. Title III also authorizes the Secretary to dispose of
lands to public authorities and agencies under terms and conditions
that he deems will best accomplish Title III purposes, but only on con-
dition that the lands conveyed are used for public purposes. In keep-
ing with the intent of Title III, deeds conveying such lands to public
authorities contained convenants stipulating the type of public use
H.R. 986
5
for which the grant was made. In the event the lands cease to be used
for such purposes, title reverts to the United States.
By deed dated April 26, 1949, the property covered by H.R. 510
was conveyed without charge to the Jasper County Board of Education
for use for educational purposes. The property is no longer used or
needed by the Board of Education for these purposes and is, there-
fore, subject to complete reversion to the United States. We under-
stand that the Board of Education seeks to be released from the cove-
nants in the deed SO that they may sell the property.
Some 836,000 acres of Title III lands have been conveyed by this
Department to various public bodies in a number of separate trans-
actions. Over the years, changes in land use patterns, administrative
requirements and other factors have affected the lands involved. In
some instances it became impractical to use the lands for the public
purpose for which they were granted. Consequently, some public bodies
have sought to dispose of a part of the Title III lands conveyed to
them to further the purposes and activities of those public bodies.
Special legislation has been enacted in such cases which authorized
and directed the Secretary of Agriculture to release the covenants;
provided that, the public agencies agreed to exchange the lands or
use the proceeds from the disposal of the lands, to acquire comparable
lands to be used for public purposes.
The Jasper County Board of Education apparently has no identifi-
able need for acquiring comparable property for public purposes.
Based on a limited check, we have not found any other public agency
that has a need for the property; however, a more thorough search
for a possible interested public agency should be made before a definite
conclusion can be drawn.
There may be Federal need for the property. If the property were
to revert to the United States Department of Agriculture, it would
probably be utilized for land exchange to acquire inholdings and im-
prove the pattern of ownership on the Oconee National Forest lo-
cated nearby.
We recommend that action on H.R. 510 be deferred to permit a de-
termination of other public needs for the property. If after a reason-
able time no other public needs can be identified, we would have no
objection to disposal of the land to the Board of Education and its
subsequent disposal to others, provided the Federal Government re-
ceives fair market value for the property including improvements
which were present when the property was conveyed to the Board of
Education. Significant Federal investments have been made through
the purchase and rehabilitation of the tract. Since the property was
granted to the Jasper County Board of Education at no cost and all
public use or representative public use would be terminated if con-
veyed, we believe the full value of the land should be recaptured by
the Federal Government.
The Office of Management and Budget advises that there is no ob-
jection to the presentation of this report from the standpoint of the
Administrations program.
Sincerely,
J. PHIL CAMPBELL,
Under Secretary.
H.R. 986
6
U.S. DEPARTMENT OF AGRICULTURE,
FOREST SERVICE,
Washington, D.C., August 31, 1973.
Hon. JOHN MELCHER,
Chairman, Subcommittee on Public Lands, Committee on Interior
and Insular Affairs, House of Representatives.
DEAR MR. MELCHER: As you requested, here is additional informa-
tion pertaining to H.R. 510, a bill "To authorize and direct the Secre-
tary of Agriculture to convey any interest held by the United States
in certain property in Jasper County, Georgia, to the Jasper County
Board of Education."
In testifying for the Department of Agriculture, Deputy Chief
Thomas C. Nelson of the Forest Service recommended that action on
H.R. 510 be deferred to permit a determination of other public needs
for the property. The Forest Service subsequently contacted Federal,
State, and local public bodies who might have had a need for the prop-
erty or who might have known of others who did. The only respondent
that indicated a possible need was Abraham Baldwin Agricultural
College of Tifton, Georgia. Although the college indicated an interest
in the property, they do not have funds available at this time for neces-
sary renovation of the buildings.
Enclosed for your information is a listing of the public bodies that
were contacted, and a copy of the response received from Abraham
Baldwin Agricultural College.
Sincerely,
PHILIP L. THORNTON,
(For John R. McGuire, Chief).
Enclosures.
EXCESS PROPERTY MAILING LIST
Corps of Engineers, Attn: Real Estate Officer, 510 Title Building, At-
lanta, Georgia 30303.
Defense Civil Preparedness Agency, Procurement Services Division,
Washington, D.C. 20301.
Department of Health, Education & Welfare, Attn: Director, Office of
Facil. Eng. Mgmt., Facilities Eng. & Construction Agency, Wash-
ington, D.C. 20201.
Fish and Wildlife Service, 17 Executive Park Drive, NE., Atlanta,
Georgia 30329.
Bureau of Outdoor Recreation, Attn: Regional Director, 810 New
Walton Building, Atlanta, Georgia 30303.
U.S. Department of Transportation, Regional Federal Highway Ad-
ministration, 1720 Peachtree Rd., NE., Suite 200, Atlanta, Georgia
30309.
Bureau of State Planning & Comm. Affairs, 270 Washington Street,
SW., Atlanta, Georgia 30334.
Abraham Baldwin Agricultural College, Tifton, Georgia 31794.
Putnam County, Board of County Commissioners, Monticello, Georgia
31064.
H.R. 986
7
ABRAHAM BALDWIN AGRICULTURAL COLLEGE,
UNIVERSITY SYSTEM OF GEORGIA, ABAC STATION,
Tifton, Ga., July 26, 1973.
Mr. V.H. HOFELDT,
Forest Supervisor,
(Attention: Mr. Paul Timko,
U.S.D.A., Forest Service, P.O. Box 1437, Gainesville, Ga. 30501.)
DEAR MR. HOFELDT: In response to your letter concerning the 42.65
acres in Jasper County, the Abraham Baldwin Agricultural College
forestry staff believes that this property offers an excellent oppor-
tunity for our forestry and wildlife technology programs. When we
examined the property two years ago, we became quite interested in
its being used in our programs then, and this interest still exists. Our
programs are constantly growing in size and importance to Georgia
and the Southeast. We could document these statements at great length,
if necessary, but as one example, the location is ideal for summer camps
and training sessions because of its proximity to the Oconee National
Forest, allowing greater numbers to participate in such activities.
As to the condition of the buildings, it is estimated that $50,000
would be required for renovation SO that they would be suitable for
utilization in our programs. Unfortunately, ABAC simply does not
have such funds at this time. Since the property possibly could come
to us for public educational uses, perhaps some Federal source could
be found to finance such rehabilitation.
Under no circumstances would we like to see this valuable edu-
cational potential pass from Federal to private ownership. Such a
move would preclude its future use for the people. The land and
buildings would definitely be an asset to ABAC, but because of the
financial rehabilitation requirements for the buildings for the moment,
it is our opinion that the lands should be retained under Federal
ownership to provide a wider latitude of use to a greater number of
people, including ABAC.
Sincerely yours,
J. CLYDE DRIGGERS.
o
11.R. 986
Calendar No. 1328
93D CONGRESS
SENATE
REPORT
2d Session
No. 93-1403
LAND CONVEYANCE TO JASPER COUNTY, GEORGIA,
BOARD OF EDUCATION
DECEMBER 18, 1974.-Ordered to be printed
Mr. TALMADGE from the Committee on Agriculture and Forestry,
submitted the following
REPORT
[To accompany H.R. 510]
The Committee on Agriculture and Forestry, to which was referred
the bill H.R. 510 to authorize and direct the Secretary of Agriculture
to convey any interest held by the United States in certain property
in Jasper County, Georgia, to the Jasper County Board of Education,
having considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
SHORT EXPLANATION
H.R. 510 authorizes and directs the Secretary of Agriculture to
convey the reversionary interest held by the United States in 42.65
acres of land in Jasper County, Georgia, to the Jasper County Board
of Education.
H.R. 510 would permit the Board to sell or otherwise dispose of the
land. The bill provides, however, that any proceeds derived by the
Board through the sale or other disposition of the land are to be used
exclusively for educational purposes.
NEED FOR LEGISLATION
The 42.65 acres of land were originally conveyed by the United
States to the Jasper County Board of Education on April 26, 1940,
with the condition that the land would revert to the United States
when it was no longer used or needed for educational purposes.
The county now has a consolidated school system and maintains that
it is not feasible to build needed classrooms and laboratories on this
particular land. The Board of Education desires to acquire the
property in fee simple, sell the land, and use the proceeds from the
38-010
2
sale to build classrooms and laboratories as an annex to the county's
consolidated high school.
EXCERPTS FROM THE REPORT BY THE HOUSE COMMITTEE ON INTERIOR
AND INSULAR AFFAIRS
EXPLANATION
The 42.65 acres of land were acquired by the United States in the
1930's, and were administered under the provisions of Title III of the
Bankhead-Jones Farm Tenant Act (50 Stat. 525). Title III authorizes
the Secretary of Agriculture to dispose of lands to public authorities
and agencies under terms and conditions that he deems will best accom-
plish Title III purposes. Deeds conveying such Title III lands to
public authorities contained convenants stipulating the type of public
use for which the grant was made. When the lands cease to be used
for such purposes, title reverts to the United States.
The land was conveyed by quitclaim deed on April 26, 1940 to the
Jasper County Board of Education for use for educational purposes.
The land would revert to the United States when it was no longer
used or needed for educational purposes. The language in this legisla-
tion would release the Board of Education from this covenant and per-
mit the Board to sell or otherwise dispose of the land. There is prece-
dent for legislation authorizing and directing the Secretary of Agri-
culture to release covenants in deeds conveying Title III lands, pro-
vided that, the public agencies agreed to exchange the lands or use the
proceeds from the disposal of the lands, to acquire comparable lands
to be used for public purposes. Such legislation may be found in Public
Laws 92-319 (86 Stat. 381), 90-307 (82 Stat. 122), 90-410 (82 Stat.
393), 90-517 (82 Stat. 871), 90-520 (82 Stat. 873), and 85-788 (72
Stat. 939).
Since the 1940 conveyance, the educational system in Jasper County,
as in most of the rest of the State of Georgia, have incorporated and
consolidated into countywide school systems. The Board, faced with
this changed educational system, maintains that it is not economically
feasible to build much needed vocational classrooms and laboratories
on the old school property. Their desire is to acquire the property in
fee simple, sell the land, and use the proceeds from the sale to build
these much-needed classrooms and laboratories as an annex to their
consolidated high school. The end result would be that the funds
would be used for educational purposes.
The Department of Agriculture, on the other hand, testified that if
there was no other public need for the property, it would have no ob-
jection to turning the land over to the Board for its subsequent dis-
posal provided the Federal government received fair market value for
the property including improvements which were present when the
land was conveyed to the Board. The Forest Service estimated the
1934 purchase price of the land as $256 for the 42.65 acres and the
value of the structural improvements at $195,460. The current salvage
value of the improvements was placed at about $15,000, and the current
market value of the land was estimated at from $450-$800 per acre or
about $19,000-$34,000 for the parcel.
S.R. 1403
3
On August 31, 1973, the Forest Service notified the Committee that
a check had been made and that the only respondent that indicated a
possible need for the land was the Abraham Baldwin Agricultural Col-
lege, Tifton, Georgia, although it does not have the funds for renova-
tion of the buildings at this time.
The Committee felt the Department of Agriculture's recommenda-
tion that the Federal government receive fair market value for the land
and depreciated value of the structural improvements was unreason-
able and contrary to the principal and purposes of the legislation. The
Committee felt that for thirtv-three years the Federal government
gave this tract of land to the Jasper County Board of Education and
said use it for school purposes. If it did not, then title reverts to the
Federal government. The School Board has SO used the land, but has
found it can no longer make proper use of the land and the facilities
in the face of the different type of school system prevailing and the vo-
cational needs of this system. The proposal in the legislation is, instead
of requiring reversion of the title, to allow the School Board to sell
the land and use the proceeds of the sale for school purposes. This is
analogous to the policy and practice of the government in granting
designated sections of land to the various States for school purposes.
Those sections had to be devoted to educatinal purposes, but if they
are sold, the proceeds must be devoted to educational purposes. Any
increment in value from the sale of such lands would accrue to the
State and be devoted to educational purposes. The Committee felt
this legislation accomplishes substantially the same thing and the
Committee amendment assures the money will be used for educational
purposes.
DEPARTMENT OF AGRICULTURE,
OFFICE OF THE SECRETARY,
Washington, D.C., June 25, 1973.
Hon. JAMES A. HALEY,
Chairman, Committee on Interior and Insular Affairs, U.S. House
of Representatives.
DEAR MR. CHAIRMAN: This is in reply to your request for a report
on H.R. 510 a bill, "To authorize and direct the Secretary of Agricul-
ture to convey any interest held by the United States in certain prop-
erty in Jasper County, Georgia, to the Jasper County Board of
Education."
The Department of Agriculture recommends that H.R. 510 not be
enacted at this time.
H.R. 510 would authorize and direct the Secretary of Agriculture
to convey to the Jasper County Board of Education, Jasper County,
Georgia, all right, title. and interest in real property which the United
States holds as a result of covenants contained in a quitclaim deed
dated April 26, 1940, made by the United States, as grantor, to the
Jasper County Board of Education, as grantee.
The property involved in H.R. 510 consists of 42.65 acres of land
and improvements including a school building, a wood workshop, a
dormitory, and miscellaneous utilities.
The property was acquired by the United States in the 1930's, and
was administered under the provisions of Title III of the Bankhead-
S.R. 1403
4
Jones Farm Tenant Act (50 Stat. 525). Title III authorizes the Secre-
tary of Agriculture to conduct a program for the rehabilitation of sub-
marginal lands. Title III also authorizes the Secretary to dispose of
lands to public authorities and agencies under terms and conditions
that he deems will best accomplish Title III purposes, but only on con-
dition that the lands conveyed are used for public purposes. In keep-
ing with the intent of Title III, deeds conyeying such lands to public
authorities contained covenants stipulating the type of public use
for which the grant was made. In the event the lands cease to be used
for such purposes, title reverts to the United States.
By deed dated April 26, 1949, the property covered by H.R. 510
was conveyed without charge to the Jasper County Board of Education
for use for educational purposes. The property is no longer used or
needed by the Board of Education for these purposes and is, there-
fore, subject to complete reversion to the United States. We under-
stand that the Board of Education seeks to be released from the cove-
nants in the deed SO that they may sell the property.
Some 836,000 acres of Title III lands have been conveyed by this
Department to various public bodies in a number of separate trans-
actions. Over the years, changes in land use patterns, administrative
requirements and other factors have affected the lands involved. In
some instances it became impractical to use the lands for the public
purpose for which they were granted. Consequently, some public bodies
have sought to dispose of a part of the Title III lands conveyed to
them to further the purposes and activities of those public bodies.
Special legislation has been enacted in such cases which authorized
and directed the Secretary of Agriculture to release the covenants;
provided that, the public agencies agreed to exchange the lands or
use the proceeds from the disposal of the lands, to acquire comparable
lands to be used for public purposes.
The Jasper County Board of Education apparently has no identifi-
able need for acquiring comparable property for public purposes.
Based on a limited check, we have not found any other public agency
that has a need for the property; however, a more thorough search
for a possible interested public agency should be made before a definite
conclusion can be drawn.
There may be Federal need for the property. If the property were
to revert to the United States Department of Agiculture, it would
probably be utilized for land exchange to acquire inholdings and im-
prove the pattern of ownership on the Oconee National Forest lo-
cated nearby.
We recommend that action on H.R. 510 be deferred to permit a de-
termination of other public needs for the property. If after a reason-
able time no other public needs can be identified, we would have no
objection to disposal of the land to the Board of Education and its
subsequent disposal to others, provided the Federal Government re-
ceives fair market value for the property including improvements
which were present when the property was conveyed to the Board of
Education. Significant Federal investments have been made through
the purchase and rehabilitation of the tract. Since the property was
granted to the Jasper County Board of Education at no cost and all
public use or representative public use would be terminated if con-
S.R. 1403
5
veyed, we believe the full value of the land should be recaptured by
the Federal Government.
The Office of Management and Budget advises that there is no ob-
jection to the presentation of this report from the standpoint of the
Administrations program.
Sincerely,
J. PHIL CAMPBELL,
Under Secretary.
U.S. DEPARTMENT OF AGRICULTURE,
FOREST SERVICE,
Washington, D.C., August 31, 1973.
Hon. JOHN MELCHER,
Chairman, Subcommittee on Public Lands, Committee on Interior
and Insular Affairs, House of Representatives.
DEAR MR. MELCHER: As you requested, here is additional informa-
tion pertaining to H.R. 510, a bill "To authorize and direct the Secre-
tary of Agriculture to convey any interest held by the United States
in certain property in Jasper County, Georgia, to the Jasper County
Board of Education."
In testifying for the Department of Agriculture, Deputy Chief
Thomas C. Nelson of the Forest Service recommended that action on
H.R. 510 be deferred to permit a determination of other public needs
for the property. The Forest Service subsequently contacted Federal,
State, and local public bodies who might have had a need for the prop-
erty or who might have known of others who did. The only respondent
that indicated a possible need was Abraham Baldwin Agricultural
College of Tifton, Georgia. Although the college indicated an interest
in the property, they do not have funds available at this time for neces-
sary renovation of the buildings.
Enclosed for your information is a listing of the public bodies that
were contacted, and a copy of the response received from Abraham
Baldwin Agricultural College.
Sincerely,
PHILIP L. THORNTON,
(For JOHN R. McGuire, Chief).
Enclosures.
EXCESS PROPERTY MAILING LIST
Corps of Engineers, Attn: Real Estate Officer, 510 Title Building, At-
lanta, Georgia 30303.
Defense Civil Preparedness Agency, Procurement Services Division,
Washington, D.C. 20301.
Department of Health, Education & Welfare, Attn: Director, Office
of Facil. Eng. Mgmt., Facilities Eng. & Construction Agency,
Washington, D.C. 20201.
Fish and Wildlife Service, 17 Executive Park Drive, NE., Atlanta,
Georgia 30329.
Bureau of Outdoor Recreation, Attn: Regional Director, 810 New
Walton Building, Atlanta, Georgia 30303.
U.S. Department of Transportation, Regional Federal Highway Ad-
ministration, 1720 Peachtree Rd., NE., Suite 200, Atlanta, Georgia
30309.
S.R. 1403
6
Bureau of State Planning & Comm. Affairs, 270 Washington Street,
SW., Atlanta, Georgia 30334.
Abraham Baldwin Agricultural College, Tifton, Georgia 31794.
Putnam County, Board of County Commissioners, Monticello, Geor-
gia 31064.
ABRAHAM BALDWIN AGRICULTURAL COLLEGE,
UNIVERSITY SYSTEM OF GEORGIA, ABAC STATION,
Tifton, Ga., July 26, 1973.
Mr. V. H. HOFELDT,
Forest Supervisor,
(Attention: Mr. Paul Timko, U.S.D.A., Forest Service, P.O. Box
1437, Gainesville, Ga. 30501.)
DEAR MR. HOFELDT: In response to your letter concerning the 42.65
acres in Jasper County, the Abraham Baldwin Agricultural College
forestry staff believes that this property offers an excellent oppor-
tunity for our forestry and wildlife technology programs. When we
examined the property two years ago, we became quite interested in
its being used in our programs then, and this interest still exists. Our
programs are constantly growing in size and importance to Georgia
and the Southeast. We could document these statements at great length,
if necessary, but as one example, the location is ideal for summer camps
and training sessions because of its proximity to the Oconee National
Forest, allowing greater numbers to participate in such activities.
As to the condition of the buildings, it is estimated that $50,000
would be required for renovation SO that they would be suitable for
utilization in our programs. Unfortunately, ABAC simply does not
have such funds at this time. Since the property possibly could come
to us for public educational uses, perhaps some Federal source could
be found to finance such rehabilitation.
Under no circumstances would we like to see this valuable edu-
cational potential pass from Federal to private ownership. Such a
move would preclude its future use for the people. The land and
buildings would definitely be an asset to ABAC, but because of the
financial rehabilitation requirements for the buildings for the moment,
it is our opinion that the lands should be retained under Federal
ownership to provide a wider latitude of use to a greater number of
people, including ABAC.
Sincerely yours,
J. CLYDE DRIGGERS.
COST ESTIMATE
In accordance with section 252 of the Legislative Reorganization Act
of 1970, the Committee estimates that only negligible costs would be
incurred by the Federal Government during the current and the five
subsequent fiscal years as a result of the enactment of this legislation.
No estimate of costs was submitted to the Committee by any Federal
agency. However, the Committee's estimate is in accord with the esti-
mate made by the House Committee on Interior and Insular Affairs.
S.R. 1403
H. R. 510
Ainety-third Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the twenty-first day of January,
one thousand nine hundred and seventy-four
An Act
To authorize and direct the Secretary of Agriculture to convey any interest held
by the United States in certain property in Jasper County, Georgia, to the
Jasper County Board of Education.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary
of Agriculture is authorized and directed to convey to the Jasper
County Board of Education, Jasper County, Georgia, all right, title,
and interest in and to the real property described in the quitclaim
deed made by the United States, as grantor, to the Jasper County
Board of Education, as grantee, on April 26, 1940, and recorded on
June 5, 1940, in Jasper County, Georgia, which the United States
might hold as a result of covenants contained in such quitclaim deed
Provided, however, That any proceeds from the sale, lease, exchange
or other use or disposition of the lands shall be used exclusively for
educational purposes by the Jasper County Board of Education.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
December 30, 1974
Dear Mr. Director:
The following bills were received at the White
House on December 30th:
H.R. 510
H.R. 12860
H.R. 17450
Please let the President have reports and
recommendations as to the approval of these
bills as soon as possible.
Sincerely,
Robert D. Linder
Chief Executive Clerk
The Honorable Roy L. Ash
Director
Office of Management and Budget
Washington, D. C.