IIB 

111TH CONGRESS 

1ST SESSION H. R. 3175 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 16, 2009 

Received; read twice and referred to the Committee on Agriculture, Nutrition, 

and Forestry 

AN ACT 

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, 


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1 SECTION 1. DEFINITIONS. 

2 As used in this Act: 

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

4 Miami-Dade County in the State of Florida. 

5 (2) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Agriculture. 

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

8 approximately 2.0 acres, more or less, of the feder9 ally owned land comprising the Subtropical Horti10 culture Research Station in Miami-Dade County, 

11 Florida, as described in section 2(b). 

12 SEC. 2. LAND CONVEYANCE. 

13 (a) IN GENERAL.—Upon receipt of the consideration 

14 and cost reimbursement provided herein, the Secretary 

15 shall convey and quitclaim to the County, all right, title, 

16 and interest of the United States in the Property, subject 

17 to easements and rights-of-way of record and such other 

18 terms and conditions as the Secretary may prescribe. 

19 (b) PROPERTY DELINEATION.—Of the federally 

20 owned land comprising the Subtropical Horticulture Re21 search Station, the Secretary and the authorized rep22 resentative of the County shall mutually delineate 2.0 

23 acres, more or less, fronting on SW 67th Avenue for con24 veyance as the Property. 

25 (c) CONSIDERATION.— 


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1 (1) IN GENERAL.—As consideration for the con2 veyance of the Property, the County shall pay to the 

3 Secretary an amount in cash equal to the market 

4 value of the property. 

5 (2) DETERMINATION OF VALUE.—To determine 

6 the market value of the property, the Secretary shall 

7 have the Property appraised in conformity with the 

8 Uniform Appraisal Standards for Federal Land Ac9 quisitions. The approved appraisal shall at all times 

10 be the property of the United States. 

11 (d) SURVEY.—The County shall, at its cost, survey 

12 the exterior boundaries of the Subtropical Horticulture 

13 Research Station and the Property to Federal survey 

14 standards to the satisfaction of the Secretary, and shall 

15 provide to the Secretary certified originals with signature 

16 and raised seal. 

17 (e) RELEASE.—The County, by a recordable instru18 ment satisfactory to the Secretary, shall release the United 

19 States Department of Agriculture from that instrument 

20 dated September 8, 2006, titled ‘‘Unity of Title’’. 

21 (f) TIME OF CONVEYANCE.—The Secretary shall con22 vey the Property to the County not later than 120 days 

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


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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 The Secretary shall deposit the consideration and re19 ceipts for costs into the Treasury of the United States to 

20 be credited to the appropriation for the Agricultural Re21 search Service, and such sum shall be available to the Sec22 retary until expended, without further appropriation, for 

23 the operation, upkeep, and maintenance of the Subtropical 

24 Horticulture Research Station. 


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1 SEC. 5. MISCELLANEOUS PROVISIONS. 

2 (a) SECURITY FENCING.—On or before closing for 

3 the conveyance of the Property under this Act, the County 

4 shall, at its cost, contract for the construction of a security 

5 fence located on the boundary between the Property and 

6 the adjacent land administered by the Secretary. The 

7 fence shall be of materials and standards approved in ad8 vance by the Secretary. The Secretary may approve tem9 porary security structures for use during construction 

10 phases. 

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

12 may otherwise effect the purpose of this Act on such addi13 tional terms as are mutually acceptable and which are not 

14 inconsistent with the provisions of this Act. 

Passed the House of Representatives September 15, 

2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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