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S. 3050 (111th): A bill to direct the Secretary of Agriculture to convey to Miami-Dade County certain federally owned land in Florida, and for other purposes.

The text of the bill below is as of Mar 1, 2010 (Introduced).


II

111th CONGRESS

2d Session

S. 3050

IN THE SENATE OF THE UNITED STATES

March 1, 2010

(for himself and Mr. LeMieux) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

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.

Definitions

In this Act:

(1)

County

The term County means Miami-Dade County in the State of Florida.

(2)

Property

The term Property means approximately 2.0 acres, more or less, of the federally owned land comprising the Subtropical Horticulture Research Station in the County, as described in section 2(b).

(3)

Secretary

The term Secretary means the Secretary of Agriculture.

2.

Land conveyance

(a)

In General

On receipt of the consideration and cost reimbursement described in this Act, the Secretary shall convey and quitclaim to the County, all right, title, and interest of the United States in and to the Property, subject to easements and rights-of-way of record and such other terms and conditions as the Secretary may prescribe.

(b)

Property Delineation

Of the federally owned land comprising the Subtropical Horticulture Research Station, the Secretary and the authorized representative of the County shall mutually delineate 2.0 acres, more or less, fronting on SW 67th Avenue for conveyance as the Property.

(c)

Consideration

(1)

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.

(2)

Determination of value

(A)

In general

To determine the market value of the Property, the Secretary shall have the Property appraised in conformity with Uniform Appraisal Standards for Federal Land Acquisitions developed by the Interagency Land Acquisition Conference.

(B)

Appraisal

The approved appraisal shall at all times be the property of the United States.

(d)

Survey

As consideration for the conveyance of the Property, the County shall—

(1)

at its cost, survey the exterior boundaries of the Subtropical Horticulture Research Station and the Property to Federal survey standards to the satisfaction of the Secretary; and

(2)

provide to the Secretary certified originals with signature and raised seal.

(e)

Release

The County, by a recordable instrument satisfactory to the Secretary, shall release the Department of Agriculture from that instrument dated September 8, 2006, and entitled Unity of Title.

(f)

Time of Conveyance

Not later than 120 days after the date on which the County deposits the consideration with the Department of Agriculture, the Secretary shall convey the Property to the County.

(g)

Corrections

With the agreement of the County, the Secretary may make minor corrections or modifications to the legal description of the Property.

3.

Costs

(a)

Transaction costs

At closing for the conveyance of the Property under this Act, the County shall pay or reimburse the Secretary, as appropriate, for the reasonable transaction and administrative personnel costs associated with the conveyance authorized by this Act, including the transaction costs of appraisal, title, hazardous substances examination, and closing costs.

(b)

Administrative Costs

In addition to transaction costs under subsection (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’ costs.

4.

Receipts

(a)

In general

The Secretary shall deposit the consideration and receipts for costs into the Treasury of the United States to be credited to the appropriation for the Agricultural Research Service.

(b)

Availability and use

The sum described in subsection (a) shall be available to the Secretary until expended, without further appropriation, for the operation, upkeep, and maintenance of the Subtropical Horticulture Research Station in the County.

5.

Miscellaneous provisions

(a)

Security fencing

(1)

In general

On or before the date of closing for the conveyance of the Property under this Act, 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.

(2)

Approval

The fence shall be of materials and standards approved in advance by the Secretary.

(3)

Temporary structures

The Secretary may approve temporary security structures for use during construction phases.

(b)

Other terms

The Secretary and the County may effect the purpose of this Act on such additional terms as are mutually acceptable and are not inconsistent with this Act.