PolicyBrief
H.R. 5866
119th CongressOct 28th 2025
To require the Secretary of Agriculture to release a reversionary interest in certain land in the Black River State Forest in Millston, Wisconsin, and for other purposes.
IN COMMITTEE

This bill directs the Secretary of Agriculture to release the U.S. reversionary interest in specific State forest land in Wisconsin so the State can exchange it with Deli, Inc. for other land to be added to the forest.

Derrick Van Orden
R

Derrick Van Orden

Representative

WI-3

LEGISLATION

Federal Government to Release Land Interest to Facilitate Wisconsin Forest Swap for Private Company

This legislation is highly focused: it requires the Secretary of Agriculture to quickly release a specific federal claim on state land in Wisconsin. Why? To greenlight a land swap between the State of Wisconsin and a private company named Deli, Inc., a sphagnum moss producer in Millston.

The Fine Print: Clearing the Title for a Land Deal

Here’s the setup: The State of Wisconsin wants to trade approximately 31.83 acres of the Black River State Forest land to Deli, Inc. In return, Deli, Inc. will give the State about 37.27 acres of its own private land (the “Deli land”). The State intends to add this newly acquired 37.27 acres to the State Forest, resulting in a net gain of about 5.44 acres for the forest.

The catch is that the 31.83 acres of state forest land currently has a "reversionary interest" held by the U.S. government (specifically under 7 U.S.C. 1011(c)). Think of a reversionary interest as a conditional ownership claim—the federal government technically retains the right to take the land back if it stops being used for public purposes. Since the State plans to transfer this land to a private business, Deli, Inc., that federal claim has to be removed first.

Who’s Doing What, and When

This bill cuts through the red tape. It mandates that if the State of Wisconsin formally offers to convey the 31.83 acres of State forest land to Deli, Inc., in exchange for the 37.27 acres of Deli land, the U.S. must release its reversionary interest. The Secretary of Agriculture is required to immediately provide a recordable quitclaim deed, conveying the U.S. interest to the State, without requiring payment. This deed must be recorded before the exchange deeds between the State and Deli, Inc. are finalized.

For Deli, Inc., this is huge. It allows them to consolidate or expand their operations by acquiring the specific 31.83 acres they need. For the State of Wisconsin, it’s a way to expand the Black River State Forest by acquiring a larger parcel (37.27 acres) that they deem more valuable or better suited for forest management. This is a very targeted administrative action designed to resolve a property title issue that was blocking a specific state-level land management decision.

The Real-World Impact on Public Land

While the bill facilitates a net acreage gain for the State Forest—37.27 acres in, 31.83 acres out—it involves converting a parcel of land currently designated for public use (the State forest land) into private property. For people who use the Black River State Forest, this means the specific 31.83 acres described in the bill will no longer be public land. Conversely, the 37.27 acres of Deli land will become public forest land.

This exchange is contingent on approvals from the Wisconsin Department of Natural Resources, the Natural Resources Board, and the Governor. The bill essentially tells the federal government to step aside and let the State and the private company execute their agreed-upon trade, as long as the State follows through on its plan to acquire the replacement land for the State Forest. It’s a clean-up bill that prioritizes state land management goals over a decades-old federal contingency clause, allowing a local business and state agency to finalize their deal.