| HR 482 IH
108th CONGRESS
1st Session
H. R. 482
To authorize the
Secretary of Agriculture to sell or exchange certain land in the State
of Florida, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 29, 2003
Mr. MILLER of Florida introduced
the following bill; which was referred to the Committee on Agriculture
A BILL
To authorize the
Secretary of Agriculture to sell or exchange certain land in the State
of Florida, and for other purposes.
Be it enacted by the
Senate and House of Representatives of the United States of America in
Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as
the `Florida National Forest Land Management Act of 2003'.
SEC. 2. DEFINITIONS.
(1) SECRETARY- The term
`Secretary' means the Secretary of Agriculture.
(2) STATE- The term `State'
means the State of Florida.
SEC. 3. SALE OR EXCHANGE OF
LAND.
(a) IN GENERAL- The Secretary
may, under such terms and conditions as the Secretary may prescribe, sell
or exchange any right, title, and interest of the United States in and
to the parcels of Federal land in the State described in subsection (b).
(b) DESCRIPTION OF LAND-
The parcels of Federal land in the State referred to in subsection (a)
consist of--
(1) tract A-942a, East Bay,
Santa Rosa County, consisting of approximately 61 acres, and more particularly
described as T. 1 S., R. 27 W., sec. 31, W1/2 of SW1/4;
(2) tract A-942b, East Bay,
Santa Rosa County, consisting of approximately 40 acres, and more particularly
described as T. 1 S., R. 27 W., sec. 38;
(3) tract A-942c, Ft. Walton,
Okaloosa County, located southeast of the intersection of and adjacent
to State Road 86 and Mooney Road, consisting of approximately 0.59 acres,
and more particularly described as T. 1 S., R. 24 W., sec. 26;
(4) tract A-942d, located
southeast of Crestview, Okaloosa County, consisting of approximately 79.90
acres, and more particularly described as T. 2 N., R. 23 W., sec. 2, NW1/4
NE1/4 and NE1/4 NW1/4;
(5) tract A-943, Okaloosa
County Fairgrounds, Ft. Walton, Okaloosa County, consisting of approximately
30.14 acres, and more particularly described as T. 1 S., R. 24 W., sec.
26, S1/2;
(6) tract A-944, City Ball
Park--Ft. Walton, Okaloosa County, consisting of approximately 12.43 acres,
and more particularly described as T. 1 S., R. 24 W., sec. 26, S1/2;
(7) tract A-945, Landfill-Golf
Course Driving Range, located southeast of Crestview, Okaloosa County,
consisting of approximately 40.85 acres, and more particularly described
as T. 2 N., R. 23 W., sec. 4, NW1/4 NE1/4;
(8) tract A-959, 2 vacant
lots on the north side of Micheaux Road in Bristol, Liberty County, consisting
of approximately 0.5 acres, and more particularly described as T. 1 S.,
R. 7 W., sec. 6;
(9) tract C-3m-d, located
southwest of Astor in Lake County, consisting of approximately 15.0 acres,
and more particularly described as T. 15 S., R. 28 E., sec. 37;
(10) tract C-691, Lake County,
consisting of the subsurface rights to approximately 40.76 acres of land,
and more particularly described as T. 17 S., R. 29 E., sec. 25, SE1/4 NW1/4;
(11) tract C-2208b, Lake
County, consisting of approximately 39.99 acres, and more particularly
described as T. 17 S., R. 28 E., sec. 28, NW1/4 SE1/4;
(12) tract C-2209, Lake
County, consisting of approximately 127.2 acres, as depicted on the map,
and more particularly described as T. 17 S., R. 28 E., sec. 21, NE1/4 SW1/4,
SE1/4 NW1/4, and SE1/4 NE1/4;
(13) tract C-2209b, Lake
County, consisting of approximately 39.41 acres, and more particularly
described as T. 17 S., R. 29 E., sec. 32, NE1/4 SE1/4;
(14) tract C-2209c, Lake
County, consisting of approximately 40.09 acres, and more particularly
described as T. 18 S., R. 28 E., sec. 14, SE1/4 SW1/4;
(15) tract C-2209d, Lake
County, consisting of approximately 79.58 acres, and more particularly
described as T. 18 S., R. 29 E., sec. 5, SE1/4 NW1/4, NE1/4 SW1/4;
(16) tract C-2210, government
lot 1, 20 recreational residential lots, and adjacent land on Lake Kerr,
Marion County, consisting of approximately 30 acres, and more particularly
described as T. 13 S., R. 25 E., sec. 22;
(17) tract C-2213, located
in the F.M. Arrendondo grant, East of Ocala, Marion County, and including
a portion of the land located east of the western right-of-way of State
Highway 19, consisting of approximately 15.0 acres, and more particularly
described as T. 14 and 15 S., R. 26 E., sec. 36, 38, and 40; and
(18) all improvements on
the parcels described in paragraphs (1) through (17).
(c) LEGAL DESCRIPTION MODIFICATION-
The Secretary may, for the purposes of soliciting offers for the sale or
exchange of land under subsection (d), modify the descriptions of land
specified in subsection (b) based on--
(2) a determination by the
Secretary that the modification would be in the best interest of the public.
(d) SOLICITATIONS OF OFFERS-
(1) IN GENERAL- Subject
to such terms and conditions as the Secretary may prescribe, the Secretary
may solicit offers for the sale or exchange of land described in subsection
(b).
(2) REJECTION OF OFFERS-
The Secretary may reject any offer received under this section if the Secretary
determines that the offer--
(B) is not in the public
interest.
(e) METHODS OF SALE- The
Secretary may sell the land described in subsection (b) at public or private
sale (including at auction), in accordance with any terms, conditions,
and procedures that the Secretary determines to be appropriate.
(f) BROKERS- In any sale
or exchange of land described in subsection (b), the Secretary may--
(1) use a real estate broker;
and
(2) pay the real estate
broker a commission in an amount that is comparable to the amounts of commission
generally paid for real estate transactions in the area.
(g) CONCURRENCE OF THE SECRETARY
OF THE AIR FORCE- A parcel of land described in paragraphs (1) through
(7) of subsection (b) shall not be sold or exchanged by the Secretary without
the concurrence of the Secretary of the Air Force.
(h) CASH EQUALIZATION- Notwithstanding
section 206(b) of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716(b)), if the value of non-Federal land for which Federal land
is exchanged under this section is less than the value of the Federal land
exchanged, the Secretary may accept a cash equalization payment in excess
of 25 percent of the value of the Federal land.
(i) DISPOSITION OF PROCEEDS-
(1) IN GENERAL- The net
proceeds derived from any sale or exchange under this Act shall be deposited
in the fund established by Public Law 90-171 (commonly known as the `Sisk
Act') (16 U.S.C. 484a).
(2) USE- Amounts deposited
under paragraph (1) shall be available to the Secretary for expenditure,
without further appropriation, for--
(A) acquisition of land
and interests in land for inclusion as units of the National Forest System
in the State; and
(B) reimbursement of costs
incurred by the Secretary in carrying out land sales and exchanges under
this Act, including the payment of real estate broker commissions under
subsection (f).
SEC. 4. ADMINISTRATION.
(a) IN GENERAL- Land acquired
by the United States under this Act shall be--
(1) subject to the Act of
March 1, 1911 (commonly known as the `Weeks Act') (16 U.S.C. 480 et seq.);
and
(2) administered in accordance
with laws (including regulations) applicable to the National Forest System.
(b) APPLICABLE LAW- The
land described in section 3(b) shall not be subject to the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.).
(c) WITHDRAWAL- Subject
to valid existing rights, the land described in section 3(b) is withdrawn
from location, entry, and patent under the public land laws, mining laws,
and mineral leasing laws (including geothermal leasing laws).
END
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