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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3175 Referred in Senate (RFS)]

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 Miami-Dade County 
    certain federally owned land in Florida, and for other purposes.

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

SECTION 1. DEFINITIONS.

    As used in this Act:
            (1) County.--The term ``County'' means Miami-Dade County in 
        the State of Florida.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (3) Property.--The term ``Property'' means approximately 
        2.0 acres, more or less, of the federally owned land comprising 
        the Subtropical Horticulture Research Station in Miami-Dade 
        County, Florida, as described in section 2(b).

SEC. 2. LAND CONVEYANCE.

    (a) In General.--Upon receipt of the consideration and cost 
reimbursement provided herein, the Secretary shall convey and quitclaim 
to the County, all right, title, and interest of the United States in 
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.--To determine the market value 
        of the property, the Secretary shall have the Property 
        appraised in conformity with the Uniform Appraisal Standards 
        for Federal Land Acquisitions. The approved appraisal shall at 
        all times be the property of the United States.
    (d) Survey.--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 shall 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 United States Department of 
Agriculture from that instrument dated September 8, 2006, titled 
``Unity of Title''.
    (f) Time of Conveyance.--The Secretary shall convey the Property to 
the County not later than 120 days after the date on which the County 
deposits the consideration with the Department of Agriculture.
    (g) Corrections.--With the agreement of the County, the Secretary 
may make minor corrections or modifications to the legal description of 
the Property.

SEC. 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.

SEC. 4. RECEIPTS.

    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, and such sum shall 
be available to the Secretary until expended, without further 
appropriation, for the operation, upkeep, and maintenance of the 
Subtropical Horticulture Research Station.

SEC. 5. MISCELLANEOUS PROVISIONS.

    (a) Security Fencing.--On or before 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.
    (b) Other Terms.--The Secretary and the County may otherwise effect 
the purpose of this Act on such additional terms as are mutually 
acceptable and which are not inconsistent with the provisions of this 
Act.

            Passed the House of Representatives September 15, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
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