I 

111TH CONGRESS 

1ST SESSION H. R. 3175 

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

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

IN THE HOUSE OF REPRESENTATIVES 

JULY 10, 2009 

Mr. LINCOLN DIAZ-BALART of Florida introduced the following bill; which was 

referred to the Committee on Agriculture 

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 As used in this Act: 

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

6 Miami-Dade County in the State of Florida. 

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

8 the Secretary of Agriculture. 

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

10 approximately 2.0 acres, more or less, of the federVerDate Nov 24 2008 03:43 Jul 12, 2009 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3175.IH H3175

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1 ally owned land comprising the Subtropical Horti2 culture Research Station in Miami-Dade County, 

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

4 SEC. 2. LAND CONVEYANCE. 

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

6 and cost reimbursement provided herein, the Secretary 

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

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

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

10 terms and conditions as the Secretary may prescribe. 

11 (b) PROPERTY DELINEATION.—Of the federally 

12 owned land comprising the Subtropical Horticulture Re13 search Station, the Secretary and the authorized rep14 resentative of the County shall mutually delineate 2.0 

15 acres, more or less, fronting on SW 67th Avenue for con16 veyance as the Property. 

17 (c) CONSIDERATION.— 

18 (1) IN GENERAL.—As consideration for the con19 veyance of the Property, the County shall pay to the 

20 Secretary an amount in cash equal to the market 

21 value of the property. 

22 (2) DETERMINATION OF VALUE.—To determine 

23 the market value of the property, the Secretary shall 

24 have the Property appraised in conformity with the 

25 Uniform Appraisal Standards for Federal Land AcVerDate Nov 24 2008 03:43 Jul 12, 2009 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3175.IH H3175

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1 quisitions. The approved appraisal shall at all times 

2 be the property of the United States. 

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

4 the exterior boundaries of the Subtropical Horticulture 

5 Research Station and the Property to Federal survey 

6 standards to the satisfaction of the Secretary, and shall 

7 provide to the Secretary certified originals with signature 

8 and raised seal. 

9 (e) RELEASE.—The County, by a recordable instru10 ment satisfactory to the Secretary, shall release the United 

11 States Department of Agriculture from that instrument 

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

13 (f) TIME OF CONVEYANCE.—The Secretary shall con14 vey the Property to the County not later than 120 days 

15 after the date on which the County deposits the consider16 ation with the Department of Agriculture. 

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

18 County, the Secretary may make minor corrections or 

19 modifications to the legal description of the Property. 

20 SEC. 3. COSTS. 

21 (a) TRANSACTION COSTS.—At closing for the convey22 ance of the Property under this Act, the County shall pay 

23 or reimburse the Secretary, as appropriate, for the reason24 able transaction and administrative personnel costs associ25 ated with the conveyance authorized by this Act, including 


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1 the transaction costs of appraisal, title, hazardous sub2 stances examination, and closing costs. 

3 (b) ADMINISTRATIVE COSTS.—In addition to trans4 action costs under subsection (a), the County shall pay 

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

6 (c) ATTORNEYS’ FEES.—The County and the Sec7 retary shall each bear their own attorneys’ costs. 

8 SEC. 4. RECEIPTS. 

9 The Secretary shall deposit the consideration and re10 ceipts for costs into the Treasury of the United States to 

11 be credited to the appropriation for the Agricultural Re12 search Service, and such sum shall be available to the Sec13 retary until expended, without further appropriation, for 

14 the operation, upkeep, and maintenance of the Subtropical 

15 Horticulture Research Station. 

16 SEC. 5. MISCELLANEOUS PROVISIONS. 

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

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

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

20 fence located on the boundary between the Property and 

21 the adjacent land administered by the Secretary. The 

22 fence shall be of materials and standards approved in ad23 vance by the Secretary. The Secretary may approve tem24 porary security structures for use during construction 

25 phases. 


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

2 may otherwise effect the purpose of this Act on such addi3 tional terms as are mutually acceptable and which are not 

4 inconsistent with the provisions of this Act. 

Æ 


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