H. R. 3954
IN THE SENATE OF THE UNITED STATES
March 18, 2010
Received; read twice and referred to the Committee on Agriculture, Nutrition, and Forestry
To release Federal reversionary interests retained on certain lands acquired in the State of Florida under the Bankhead-Jones Farm Tenant Act, to authorize the interchange of National Forest System land and State land in Florida, to authorize an additional conveyance under the Florida National Forest Land Management Act of 2003, and for other purposes.
This Act may be cited as the
Florida National Forest Land
Adjustment Act of 2010.
Release of deed restrictions on certain lands acquired under the Bankhead-Jones Farm Tenant Act in Florida
Congress finds the following:
Certain lands in the State of Florida were conveyed by the United States to the State under the authority of section 32(c) of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(c)), and now are part of the Blackwater River and Withlacoochee State Forests.
The lands were conveyed to the State subject to deed restrictions that the lands could be only used for public purposes.
The deed restrictions impede the ability of the State to remedy boundary and encroachment problems involving the lands.
The release of the
deed restrictions by the Secretary of Agriculture (hereafter referred to as the
Secretary) will further the purposes for which the lands are
being managed as State forests and will alleviate future Federal
responsibilities with respect to the lands.
Subject to valid existing rights, and such reservations as the Secretary considers to be in the public interest, the Secretary shall release, convey, and quitclaim to the State of Florida, without monetary consideration, all rights, title, and remaining interest of the United States in and to those lands within or adjacent to the Blackwater River and Withlacoochee State Forests that were conveyed to the State under the authority of section 32(c) of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(c)) or under any other law authorizing conveyance subject to restrictions or reversionary interests retained by the United States.
Terms and conditions
The conveyances authorized by subjection (b) are subject to the following terms and conditions:
The State shall cover or reimburse the Secretary for reasonable costs incurred by the Secretary to make the conveyances, including title searches, surveys, deed preparation, attorneys’ fees, and similar expenses. The Secretary may not seek reimbursement for administrative overhead costs.
By accepting the conveyances authorized by this section, the State agrees—
that all net proceeds from any sale, exchange, or other disposition of the real property subject to deed restrictions shall be used by the State for the acquisition of lands or interests in lands within or adjacent to units of the state forest and park systems;
to affirmatively address and resolve boundary encroachments in accordance with State law for the affected State forests; and
to indemnify and hold the United States harmless with regard to any boundary disputes related to any parcel released under this section.
Interchange involving National Forest System land and State land in Florida
The Congress finds the following:
There are intermingled Federal and State lands within units of the National Forest System in Florida that are of comparable quantity and quality and of approximately equal value.
Interchanging these lands would be in the public interest by facilitating more efficient public land management.
Approximately equal value defined
In this section, the term
approximately equal value means a comparative estimate of the
value between lands to be interchanged, regarding which, without the necessity
of an appraisal, the elements of value, such as physical characteristics and
other amenities, are readily apparent and substantially similar.
Land interchange authorized
Subject to valid existing rights, if the
State of Florida offers to convey to the United States those State lands
designated for interchange on the two maps entitled
Florida—U.S. Forest Service Interchange—January, 2009 and title to such
lands is otherwise acceptable to the Secretary of Agriculture, the Secretary
shall convey and quitclaim to the State those National Forest System lands in
the Ocala National Forest and the Apalachicola National Forest designated for
interchange on the maps.
The maps referenced in paragraph (1) shall be available for public inspection in the office of the Chief of the Forest Service and in the office of the Supervisor of the National Forests in Florida for a period of at least 5 years after completion of the land interchanges authorized by this section.
Terms and conditions
Any land interchange under this section shall be subject to such reservations and rights-of-way as may be mutually acceptable to the Secretary and the authorized officer of the State.
In the event that any of the designated lands are in whole or part found to be unacceptable for interchange under this section due to title deficiencies, survey problems, the existence of hazardous materials, or for any other reason, the Secretary and the authorized officer of the State may substitute or modify the lands to be interchanged insofar as it is mutually agreed that the lands are of comparable quality and approximately equal value.
Additional land disposal under Florida National Forest Land Management Act of 2003
In accordance with the provisions of the Florida National Forest Land Management Act of 2003 (Public Law 108–152; 117 Stat. 1919), the Secretary of Agriculture may convey, by means of sale or exchange, all right, title, and interest of the United States in and to a parcel of land comprising approximately 114 acres, located within Township 1 South, Range 1 West, section 25, Leon County, Florida, and designated as tract W–1979.
Use of proceeds
The Secretary shall use the proceeds derived from any sale of tract W–1979, as authorized by subsection (a), only—
to acquire lands and interests in land for inclusion in the Apalachicola National Forest; and
to cover the disposal costs incurred by the Secretary to carry out the sale of such tract.
Certain other tracts
With respect to tract A–943, tract A–944, and tract C–2210, as described in paragraphs (5), (6), and (16) of subsection (b) of section 3 of the Florida National Forest Land Management Act of 2003 and authorized for sale by subsection (a) of such section, being lands having permanent improvements and infrastructure, the Secretary may use the net proceeds derived from any sale of such tracts to acquire, construct, or maintain administrative improvements for units of the National Forest System in Florida.
Required designation in PAYGO Acts
budgetary effects of this Act, for the purpose of complying with the Statutory
Pay-As-You-Go Act of 2010 (Public Law 111–39; 124 Stat. 8),
shall be determined by reference to the latest statement titled
Budgetary Effects of PAYGO Legislation for this Act, submitted
for printing in the Congressional Record by the Chairman of the House Budget
Committee, provided that such statement has been submitted prior to the vote on
Passed the House of Representatives March 17, 2010.
Lorraine C. Miller,