[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 417 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 417
To direct the Secretary of Agriculture to convey to Miami-Dade County
certain federally owned land in Florida, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 25, 2013
Ms. Ros-Lehtinen (for herself, Mr. Diaz-Balart, Ms. Wasserman Schultz,
Ms. Wilson of Florida, and Mr. Garcia) introduced the following bill;
which was referred to the Committee on Agriculture
_______________________________________________________________________
A BILL
To direct the Secretary of Agriculture to convey to Miami-Dade County
certain federally owned land in 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. CONVEYANCE OF LAND COMPRISING SUBTROPICAL HORTICULTURE
RESEARCH STATION.
(a) Definitions.--In this section:
(1) County.--The term ``County'' means Miami-Dade County in
the State of Florida.
(2) Property.--The term ``Property'' means approximately 2
acres, more or less, of the federally owned land comprising the
Subtropical Horticulture Research Station in the County,
which--
(A) has been mutually delineated by the Secretary
and the authorized representative of the County; and
(B) fronts on SW 67th Avenue in Palmetto Bay,
Florida.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Property Conveyance.--
(1) In general.--Not later than 120 days after the date on
which the County deposits the consideration under paragraph (2)
and cost reimbursement provided in this section with the
Department of Agriculture, the Secretary shall convey and
quitclaim to the County, all rights, title, and interests of
the United States in the Property, subject to easements and
rights of record and such other reservations, terms, and
conditions as the Secretary may prescribe.
(2) Consideration.--
(A) In general.--As consideration for the
conveyance of the Property, the County shall pay to the
Secretary an amount in cash equal to the market value
of the property.
(B) Appraisal.--To determine the market value of
the Property, the Secretary shall have the Property
appraised for the highest and best use of the Property
in conformity with the Uniform Appraisal Standards for
Federal Land Acquisitions developed by the Interagency
Land Acquisition Conference. The approved appraisal
shall at all times be the property of the United
States.
(3) Corrections.--With the agreement of the County, the
Secretary may make minor corrections or modifications to the
legal description of the Property.
(4) Costs.--
(A) Transaction costs.--Except as provided in
subparagraph (C), the County shall, at closing for the
conveyance of the Property under this section, pay or
reimburse the Secretary, as appropriate, for the
reasonable transaction and administrative personnel
costs associated with the conveyance authorized by this
section, including the transaction costs of appraisal,
title, hazardous substances examination, and closing
costs.
(B) Administrative costs.--In addition to
transaction costs under subparagraph (A), the County
shall pay administrative costs in the liquidated amount
of $50,000.
(C) Attorneys' fees.--The County and the Secretary
shall each bear their own attorneys' fees.
(5) Survey.--The County shall, at its cost, survey the
exterior boundaries of the Subtropical Horticulture Research
Station and the Property in accordance with Federal survey
standards and to the satisfaction of the Secretary, and shall
provide to the Secretary certified originals with signature and
raised seal.
(6) Release.--The County, by a recordable instrument that
the Secretary determines is satisfactory, shall release the
Department of Agriculture from the instrument dated September
8, 2006, titled ``Unity of Title''.
(7) Security fencing.--On or before closing for the
conveyance of the Property under this section, the County
shall, at its cost, contract for the construction of a security
fence located on the boundary between the Property and the
adjacent land administered by the Secretary. The fence shall be
of materials and standards approved in advance by the
Secretary. The Secretary may approve temporary security
structures for use during construction phases of the fence.
(8) Other terms.--The Secretary and the County may
otherwise effect the purpose of this section on such additional
terms as are mutually acceptable and which are not inconsistent
with the provisions of this section.
(c) Receipts.--
(1) In general.--The Secretary shall deposit all funds
received from the conveyance authorized under this section,
including the market value consideration and the reimbursement
for costs, into the Treasury of the United States to be
credited to the appropriation for the Agricultural Research
Service.
(2) Use of funds.--Notwithstanding any limitation in
applicable appropriation Acts for the Department of Agriculture
or the Agricultural Research Service, all funds deposited into
the Treasury pursuant to subsection (b) shall be available to
the Secretary until expended, without further appropriation,
for the operation, upkeep, and maintenance of the Subtropical
Horticulture Research Station.
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