PolicyBrief
H.R. 3187
119th CongressMay 5th 2025
To require the Secretary of Agriculture to convey a parcel of property of the Forest Service to Perry County, Arkansas, and for other purposes.
IN COMMITTEE

This bill directs the Secretary of Agriculture to transfer a specific parcel of Forest Service land in Perryville, Arkansas, to Perry County, contingent upon the county's request and agreement to cover all conveyance costs.

J. Hill
R

J. Hill

Representative

AR-2

LEGISLATION

Feds to Transfer 0.81 Acres to Perry County, Arkansas: County Covers Costs, Government Skips Standard Environmental Cleanup Promise

This bill sets the stage for the federal government to hand over a small, specific piece of Forest Service land—about 0.81 acres in Perryville, Arkansas—to Perry County. For this to happen, the county needs to formally request the property within 180 days of the bill becoming law. While Perry County won't pay for the land itself, it will be responsible for covering all expenses tied to the transfer, including surveys and environmental studies.

The Land Deal: What Perry County Gets (and Gives)

The core of this legislation is a land transfer. Specifically, parcel number 85010555001, located at 1069 Fourche Avenue in Perryville, currently under Forest Service management, is slated to be conveyed to Perry County. The exact size, stated as approximately 0.81 acres, will be pinned down by a survey. The bill specifies this transfer will happen via a quitclaim deed, which essentially means the government hands over whatever interest it has in the property, but without making extensive promises about the title or condition.

While the land itself comes without a price tag for the county, there's a list of associated costs Perry County will need to shoulder. These include the survey to determine the precise acreage, any environmental analysis required, and costs to comply with federal historic preservation laws (as outlined in "division A of subtitle III of title 54, United States Code"). So, while the land is 'free,' the process of acquiring it isn't.

The Fine Print: Understanding That Environmental Waiver

Here’s a crucial detail: the bill includes a provision that directly impacts potential environmental liabilities. Normally, under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), specifically section 120(h)(3)(A), when the federal government transfers property, it must provide a covenant, or promise. This covenant typically warrants that all necessary environmental cleanup has been done before the transfer and that the U.S. government will handle any future cleanup if pre-existing contamination is discovered later.

This bill explicitly states the Secretary of Agriculture is not required to provide this standard environmental warranty for this particular parcel. In plain English, this means if any hazardous substances from the time the Forest Service managed the property are found after the transfer, Perry County could be responsible for the cleanup costs, rather than the federal government. This is a significant shift from the usual federal property disposal process and a key consideration for the county.

What’s Next for This Arkansas Acreage?

If Perry County decides to move forward and requests the land within the six-month window, the transfer process will begin, subject to any valid existing rights on the property. The bill doesn't dictate what the county must use the land for, leaving that to local decision-makers. However, the county will need to weigh the benefit of acquiring this parcel against the costs of the transfer and the potential long-term responsibility for its environmental condition.