H.R. 417 — Introduced in House

I 113th CONGRESS 1st Session H. R. 417 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. 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.