HR-5866-119
Referred to the Subcommittee on Forestry and Horticulture.
Sponsored by Derrick Van Orden (R-WI)
What it does
This bill would require the U.S. Secretary of Agriculture to release a federal "reversionary interest" — a legal claim that land must remain in public use — on approximately 31.83 acres within the Black River State Forest in Millston, Wisconsin. The release would be conditional: it would only take effect if Wisconsin agrees in writing to transfer that state forest land to Deli, Inc. (a sphagnum moss business) in exchange for Deli, Inc. conveying approximately 37.27 acres of its own land back to the state to be added to the forest. The Secretary would then provide a quitclaim deed to formally document the federal government's relinquishment of its interest.
Who benefits
Deli, Inc., a sphagnum moss production business in Millston, Wisconsin, which would gain clear title to approximately 31.83 acres currently encumbered by a federal reversionary interest. The State of Wisconsin, which would receive approximately 37.27 acres of new land to add to Black River State Forest — a net gain of roughly 5.44 acres of state forest. Local communities near Black River State Forest that may benefit from expanded public forest land. Sphagnum moss industry customers who rely on Deli, Inc.'s continued operations.
Who is hurt
The general public currently holds a theoretical long-term interest in the 31.83 acres remaining in perpetual public use under the Bankhead-Jones Farm Tenant Act; releasing that federal claim removes that guarantee for those specific acres. Environmental or conservation groups who may prefer the land remain under permanent public-use restrictions. Taxpayers who originally funded the federal land programs that created the reversionary interest. Competing businesses or landowners in the area who do not receive similar federal accommodations.
Supporters argue
Supporters argue that this land swap is a net positive for public conservation: Wisconsin would receive approximately 37.27 acres of new forest land in exchange for releasing the federal claim on 31.83 acres, resulting in a roughly 5.44-acre increase in the Black River State Forest. They contend the exchange has already been vetted and agreed upon by the Wisconsin Department of Natural Resources, the Wisconsin Natural Resources Board, and the Governor, demonstrating state-level accountability, and that the federal reversionary interest is a procedural obstacle blocking a locally beneficial arrangement.
Opponents argue
Opponents argue that the Bankhead-Jones Farm Tenant Act's reversionary interest exists precisely to ensure that federally supported land remains in public use in perpetuity, and that releasing it — even conditionally — sets a precedent for unwinding similar public-use protections on other parcels nationwide. They contend that transferring 31.83 acres to a private commercial business (a sphagnum moss producer) is inconsistent with the original public purpose of the land, and that Congress should not use one-off legislation to override standing federal land-use protections without a broader policy framework.
Constitutional context
Congress holds broad authority over federal property under the Property Clause (Art. IV, §3, cl. 2), which gives Congress the power to dispose of and make rules for federal land and interests. No active constitutional tension is implicated here — this is a narrow, property-specific legislative action well within established congressional authority over federal land interests.
Checks and balances
Congress gains the authority to direct the release of a federal property interest; the executive branch (Secretary of Agriculture) retains ministerial implementation authority, and the State of Wisconsin must independently approve the land exchange through its own regulatory process before the release takes effect.
Historical precedent
Congress has routinely passed similar site-specific legislation to release federal reversionary interests and facilitate state or local land exchanges, particularly for parcels originally acquired under the Bankhead-Jones Farm Tenant Act.