II 

111TH CONGRESS 

2D SESSION S. 3050 

To direct the Secretary of Agriculture to convey to Miami-Dade County 

certain federally owned land in Florida, and for other purposes. 

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 

A BILL 

To direct the Secretary of Agriculture to convey to MiamiDade County certain federally owned land in Florida, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. DEFINITIONS. 

4 In this Act: 

5 (1) COUNTY.—The term ‘‘County’’ means 

6 Miami-Dade County in the State of Florida. 

7 (2) PROPERTY.—The term ‘‘Property’’ means 

8 approximately 2.0 acres, more or less, of the feder9 ally owned land comprising the Subtropical HortiVerDate Nov 24 2008 22:35 Mar 01, 2010 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3050.IS S3050

jlentini on DSKJ8SOYB1PROD with BILLS
2 

•S 3050 IS

1 culture Research Station in the County, as described 

2 in section 2(b). 

3 (3) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Agriculture. 

5 SEC. 2. LAND CONVEYANCE. 

6 (a) IN GENERAL.—On receipt of the consideration 

7 and cost reimbursement described in this Act, the Sec8 retary shall convey and quitclaim to the County, all right, 

9 title, and interest of the United States in and to the Prop10 erty, subject to easements and rights-of-way of record and 

11 such other terms and conditions as the Secretary may pre12 scribe. 

13 (b) PROPERTY DELINEATION.—Of the federally 

14 owned land comprising the Subtropical Horticulture Re15 search Station, the Secretary and the authorized rep16 resentative of the County shall mutually delineate 2.0 

17 acres, more or less, fronting on SW 67th Avenue for con18 veyance as the Property. 

19 (c) CONSIDERATION.— 

20 (1) IN GENERAL.—As consideration for the con21 veyance of the Property, the County shall pay to the 

22 Secretary an amount in cash equal to the market 

23 value of the Property. 

24 (2) DETERMINATION OF VALUE.— 


jlentini on DSKJ8SOYB1PROD with BILLS
3 

•S 3050 IS

1 (A) IN GENERAL.—To determine the mar2 ket value of the Property, the Secretary shall 

3 have the Property appraised in conformity with 

4 Uniform Appraisal Standards for Federal Land 

5 Acquisitions developed by the Interagency Land 

6 Acquisition Conference. 

7 (B) APPRAISAL.—The approved appraisal 

8 shall at all times be the property of the United 

9 States. 

10 (d) SURVEY.—As consideration for the conveyance of 

11 the Property, the County shall— 

12 (1) at its cost, survey the exterior boundaries of 

13 the Subtropical Horticulture Research Station and 

14 the Property to Federal survey standards to the sat15 isfaction of the Secretary; and 

16 (2) provide to the Secretary certified originals 

17 with signature and raised seal. 

18 (e) RELEASE.—The County, by a recordable instru19 ment satisfactory to the Secretary, shall release the De20 partment of Agriculture from that instrument dated Sep21 tember 8, 2006, and entitled ‘‘Unity of Title’’. 

22 (f) TIME OF CONVEYANCE.—Not later than 120 days 

23 after the date on which the County deposits the consider24 ation with the Department of Agriculture, the Secretary 

25 shall convey the Property to the County. 


jlentini on DSKJ8SOYB1PROD with BILLS
4 

•S 3050 IS

1 (g) CORRECTIONS.—With the agreement of the 

2 County, the Secretary may make minor corrections or 

3 modifications to the legal description of the Property. 

4 SEC. 3. COSTS. 

5 (a) TRANSACTION COSTS.—At closing for the convey6 ance of the Property under this Act, the County shall pay 

7 or reimburse the Secretary, as appropriate, for the reason8 able transaction and administrative personnel costs associ9 ated with the conveyance authorized by this Act, including 

10 the transaction costs of appraisal, title, hazardous sub11 stances examination, and closing costs. 

12 (b) ADMINISTRATIVE COSTS.—In addition to trans13 action costs under subsection (a), the County shall pay 

14 administrative costs in the liquidated amount of $50,000. 

15 (c) ATTORNEYS’ FEES.—The County and the Sec16 retary shall each bear their own attorneys’ costs. 

17 SEC. 4. RECEIPTS. 

18 (a) IN GENERAL.—The Secretary shall deposit the 

19 consideration and receipts for costs into the Treasury of 

20 the United States to be credited to the appropriation for 

21 the Agricultural Research Service. 

22 (b) AVAILABILITY AND USE.—The sum described in 

23 subsection (a) shall be available to the Secretary until ex24 pended, without further appropriation, for the operation, 


jlentini on DSKJ8SOYB1PROD with BILLS
5 

•S 3050 IS

1 upkeep, and maintenance of the Subtropical Horticulture 

2 Research Station in the County. 

3 SEC. 5. MISCELLANEOUS PROVISIONS. 

4 (a) SECURITY FENCING.— 

5 (1) IN GENERAL.—On or before the date of 

6 closing for the conveyance of the Property under this 

7 Act, the County shall, at its cost, contract for the 

8 construction of a security fence located on the 

9 boundary between the Property and the adjacent 

10 land administered by the Secretary. 

11 (2) APPROVAL.—The fence shall be of materials 

12 and standards approved in advance by the Secretary. 

13 (3) TEMPORARY STRUCTURES.—The Secretary 

14 may approve temporary security structures for use 

15 during construction phases. 

16 (b) OTHER TERMS.—The Secretary and the County 

17 may effect the purpose of this Act on such additional 

18 terms as are mutually acceptable and are not inconsistent 

19 with this Act. 

Æ 


jlentini on DSKJ8SOYB1PROD with BILLS