IN THE SENATE OF THE UNITED STATES
March 1, 2010
Mr. Nelson of Florida (for himself and Mr. LeMieux) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry
To direct the Secretary of Agriculture to convey to Miami-Dade County certain federally owned land in Florida, and for other purposes.
In this Act:
The term County means Miami-Dade County in the State of Florida.
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).
The term Secretary means the Secretary of Agriculture.
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.
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.
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.
Determination of value
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.
The approved appraisal shall at all times be the property of the United States.
As consideration for the conveyance of the Property, the County shall—
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
provide to the Secretary certified originals with signature and raised seal.
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
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.
With the agreement of the County, the Secretary may make minor corrections or modifications to the legal description of the Property.
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.
In addition to transaction costs under subsection (a), the County shall pay administrative costs in the liquidated amount of $50,000.
The County and the Secretary shall each bear their own attorneys’ costs.
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.
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.
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.
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.
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.