[Pages H11591-H11592]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

FLORIDA NATIONAL FOREST LAND MANAGEMENT ACT OF 2003

Mr. PUTNAM. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 117) to authorize the Secretary of Agriculture to sell
or exchange certain land in the State of Florida, and for other
purposes.
The Clerk read as follows:

S. 117

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.

In this Act:
(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, W\1/2\ of SW\1/4\;
(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, NW\1/4\
NE\1/4\ and NE\1/4\ NW\1/4\;
(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,
S\1/2\;
(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, S\1/2\;
(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, NW\1/4\ NE\1/4\;
(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, SE\1/
4\ NW\1/4\;
(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, NW\1/4\ SE\1/4\;
(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, NE\1/4\ SW\1/4\,
SE\1/4\ NW\1/4\, and SE\1/4\ NE\1/4\;
(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, NE\1/4\ SE\1/4\;
(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, SE\1/4\ SW\1/4\;
(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, SE\1/4\ NW\1/4\, NE\1/4\ SW\1/4\;
(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--
(1) a survey; or
(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--
(A) is not adequate; or
(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).

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. Putnam) and the gentleman from Texas (Mr. Stenholm) each
will control 20 minutes.
The Chair recognizes the gentleman from Florida (Mr. Putnam).
Mr. PUTNAM. Mr. Speaker, I yield myself such time as I may consume.
(Mr. Putnam asked and was given permission to revise and extend his
remarks, and include extraneous material.)
Mr. PUTNAM. Mr. Speaker, I rise in support of Senate 117, the Florida
National Forest Management Act of 2003. I commend the gentleman from
Florida (Mr. Miller), my good friend, for his leadership on this issue.
This bill allows the Secretary of Agriculture to solicit offers to
sell or exchange 17 parcels of land within the National Forest system
in Florida. These parcels, according to the Department of Agriculture
are ``isolated lands that no longer contain National Forest
characteristics and are no longer manageable as National Forest system
land.'' Many of the parcels this bill considers contain structures such
as baseball fields and the Okaloosa County Fairgrounds.
The committee received letters of support from the Department of
Agriculture and the concurrence of the Air Force for the sale or
exchange of lands adjacent to Air Force property in Florida. All
interested parties agree that this bill will improve ownership
patterns, facilitate the best use of these lands, and enable the Forest
Service to

[[Page H11592]]

achieve its land management objectives. I urge all the Members to
support this important legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. STENHOLM. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of S. 117, the Florida National Forest
Land Management Act of 2003. This legislation was introduced by Senator
Graham, was passed in the Senate by unanimous consent on March 4. The
companion measure we consider tonight was introduced by the gentleman
from Florida (Mr. Miller).
This legislation was drafted with the help of the U.S. Forest Service
and supported by the Air Force and will aid the agency with fire
prevention and protection in the area.
Mr. Speaker, I urge my colleagues to support this legislation.
Mr. Speaker, I yield back the balance of my time.
Mr. PUTNAM. Mr. Speaker, I include in the Record jurisdiction-related
letters between the Committee on Agriculture and the Committee on
Resources regarding this legislation.
House of Representatives,

Committee on Resources,

Washington, DC, November 19, 2003.
Hon. Bob Goodlatte,
Committee on Agriculture, House of Representatives,
Washington, DC.
Dear Mr. Chairman: I understand that you wish to consider
H.R. 482, on the Floor of the House of Representatives today.
This bill authorizes the Secretary of Agriculture to convey
several National Forest System parcels in the State of
Florida. The bill was referred solely to the Committee on
Agriculture. However, a closer reading shows that 16 of the
17 parcels are located in the Choctawhatchee and Ocala
National Forests, which are forests created from the public
domain. Those forests are under the jurisdiction of the
Committee on Resources under Rule X of the Rules of the House
of Representatives. In addition, the bill waives a provision
of the Federal Land Policy Management Act, a statute also
under Resources' purview.
My staff has reviewed the bill and we have no problem with
the substance. Because of the limited number of days
remaining in the first session of the 108th Congress and the
importance of this bill to Congressman Jeff Miller, I will
not insist on a referral of the bill. Of course, this action
does not waive our jurisdiction over the bill, nor is this
action to be construed as a precedent for other, similar
legislation. In addition, I would ask you to support my
request to have the Committee on Resources to be represented
on any conference on H.R. 482 or a similar bill, should one
become necessary. Finally, I would include this letter and
any response you might have in the Congressional Record
during debate on H.R. 482.
Thank you for your consideration of my request. I
appreciate our continued excellent working relationship on
forest issues and look forward to working with you on other
bills this Congress.
Sincerely,
Richard W. Pombo,
Chairman.
____

House of Representatives,

Committee on Agriculture,

Washington, DC, November 19, 2003.
Hon. Richard Pombo,
Committee on Resources,
Washington, DC.
Dear Mr. Chairman: I wanted to take this opportunity to
thank you for your letter regarding H.R. 482. As you know,
its companion bill S. 117 is being considered on the floor of
the House of Representatives today. The bill, S. 117 would
authorize the Secretary of Agriculture to sell or exchange
certain land in the State of Florida, and for other purposes.
Both S. 117 and H.R. 482 were referred solely to the House
Agriculture Committee. However, I understand that your
committee could have received sequential jurisdiction over
this legislation. Therefore, I understand and appreciate your
willingness to forego committee referral of the bill for the
sake of timeliness and the importance of this legislation to
Congressman Miller of Florida.
I support your request to have the Committee on Resources
be represented on any conference on S. 117 or a similar bill,
should one be necessary. However, after passage, this bill
will move to the President for his approval.
Thank you in advance for your consideration of this
request.
Sincerely,
Bob Goodlatte,
Chairman.

Mr. Speaker, I yield such time as he may consume to the gentleman
from Florida (Mr. Miller), the sponsor of the legislation.
Mr. MILLER of Florida. Mr. Speaker, I thank my colleague, the
gentleman from Florida (Mr. Putnam), from Polk County for yielding me
this time.
Mr. Speaker, I too rise today in support of Senate Bill 117, the
Florida National Forest Land Management Act of 2003. This legislation
does allow the State of Florida and the U.S. Department of Forestry to
close the loop on a patchwork of land that goes from the panhandle of
Florida to the tip of the peninsula.
In my district alone some of this land has transferred from the
Forestry Service to the Air Force and back to the Forestry Service
again. In Okaloosa County, 80 acres are currently leased for the county
fairgrounds, complete with ball fields. This parcel is a parcel of land
that the Department of Forestry does not want or need, but cannot
convey unless this legislation is passed.
Under the Federal sites administration law, Congress can identify
specific excess land that can be sold by the Forestry Service and with
the money earned purchase State forest areas. This method has already
been used in Texas, Mississippi, and in Virginia. For Florida, and,
more specifically, my district, this is a win-win. Okaloosa County gets
the land; the Department of Forestry can use the money it receives to
purchase additional property.
Under the legislation, which has been passed in the Senate and
approved by the House Committee on Agriculture, the Secretary of
Agriculture may solicit offers for the sale or exchange of the land or
reject any offer received under this section if the Secretary
determines that the offer is inadequate or is not in the best interest
of the public.
For parcels that run adjacent to or are in any way connected to the
Air Force's property, which some parcels are, the sale or exchange
cannot be executed by the Secretary of Agriculture without the
concurrence of the Secretary of the Air Force.
Additionally, the Congressional Budget Office estimates that enacting
this legislation would not significantly affect the Federal budget, and
the measure contains no intergovernmental or private sector mandates as
defined in the Unfunded Mandates Reform Act and would have no
significant impact on the budgets of State, local, or tribal
governments.
Therefore, Mr. Speaker, I would like to thank the leadership for
making room on today's calendar for this important piece of
legislation. I would like to thank the chairman and also my colleague,
the gentleman from Florida (Mr. Putnam), and the ranking member, the
gentleman from Texas (Mr. Stenholm), for their assistance in seeing
that this measure comes to the floor. I ask for their support and
others.
Mr. PUTNAM. Mr. Speaker, I have no further speakers on this issue. We
do thank the gentleman from Texas (Mr. Stenholm) and the rest of the
minority for their assistance in moving this legislation as quickly as
we have.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Florida (Mr. Putnam) that the House suspend the rules
and pass the Senate bill, S. 117.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill was passed.
A motion to reconsider was laid on the table.

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