S-1262-119
Placed on Senate Legislative Calendar under General Orders. Calendar No. 209.
Sponsored by Ron Johnson (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 exchange that state forest land with Deli, Inc., a local sphagnum moss business, in return for Deli, Inc. conveying approximately 37.27 acres of its own land back to the state for addition to the forest. The Secretary would then provide a quitclaim deed formally documenting the federal government's relinquishment of its interest.
Who benefits
Deli, Inc., a sphagnum moss production business in Millston, Wisconsin, which would gain ownership of approximately 31.83 acres of state forest land better suited to its operations. The State of Wisconsin, which would receive approximately 37.27 acres of private land — a net gain of roughly 5.44 acres — to add to the Black River State Forest. Local Jackson County residents who may benefit from an expanded state forest. The broader sphagnum moss industry, if Deli, Inc.'s continued operation supports regional supply chains.
Who is hurt
Members of the public who currently have access to or use the 31.83 acres of state forest land being transferred to private ownership, including hikers, hunters, and recreational users. Environmental advocates who may oppose any reduction in publicly held forest land, even temporarily. Taxpayers who originally funded the federal land program under the Bankhead-Jones Farm Tenant Act, which required perpetual public use of this land. Competing businesses that did not have the opportunity to acquire this specific parcel.
Supporters argue
Supporters argue that the land exchange produces a net public benefit: Wisconsin would gain approximately 5.44 more acres for the Black River State Forest than it gives up, and the Deli land being added is contiguous with or complementary to existing forest holdings. They contend that releasing the federal reversionary interest removes a legal obstacle to a state-approved transaction that both Wisconsin's Department of Natural Resources and its Natural Resources Board have already agreed to, making this a straightforward facilitation of a locally negotiated, mutually beneficial deal.
Opponents argue
Opponents argue that the Bankhead-Jones Farm Tenant Act's perpetual public-use requirement exists precisely to prevent federal land from being transferred to private commercial interests, and that releasing this reversionary interest sets a precedent for similar carve-outs elsewhere. They contend that the net acreage gain does not guarantee equivalent ecological or public access value, and that Congress is bypassing the standard federal land disposal process — which includes environmental review and public comment — by legislating a specific transaction for a single private business.
Constitutional context
Congress holds authority over federal property under the Property Clause (Art. IV, §3, cl. 2), which gives it broad power to dispose of and make rules for federal lands and interests. No active constitutional tension exists here — this is a narrow, congressionally directed disposition of a specific federal property interest, which falls squarely within established legislative authority.
Checks and balances
Congress gains no new power; rather, it directs the Executive Branch (Secretary of Agriculture) to release a specific federal property interest, with the check being the conditional trigger — the release only occurs if Wisconsin first enters a written land exchange agreement with Deli, Inc.
Historical precedent
Congress has routinely passed site-specific bills releasing federal reversionary interests in land originally conveyed under the Bankhead-Jones Farm Tenant Act to facilitate state-level land exchanges, though no single landmark case defines this practice.