IB 

Union Calendar No. 140 

111TH CONGRESS 

1ST SESSION H. R. 3175 

[Report No. 111–252] 

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 

SEPTEMBER 10, 2009 

Additional sponsors: Ms. ROS-LEHTINEN, Mr. MARIO DIAZ-BALART of 

Florida, Ms. WASSERMAN SCHULTZ, and Mr. MEEK of Florida 

SEPTEMBER 10, 2009 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


jlentini on DSKJ8SOYB1PROD with BILLS
2 

•HR 3175 RH

A BILL 

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

and for other purposes. 


jlentini on DSKJ8SOYB1PROD with BILLS
3 

•HR 3175 RH

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 feder11 ally owned land comprising the Subtropical Horti12 culture Research Station in Miami-Dade County, 

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

14 SEC. 2. LAND CONVEYANCE. 

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

16 and cost reimbursement provided herein, the Secretary 

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

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

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

20 terms and conditions as the Secretary may prescribe. 

21 (b) PROPERTY DELINEATION.—Of the federally 

22 owned land comprising the Subtropical Horticulture Re23 search Station, the Secretary and the authorized rep24 resentative of the County shall mutually delineate 2.0 


jlentini on DSKJ8SOYB1PROD with BILLS
4 

•HR 3175 RH

1 acres, more or less, fronting on SW 67th Avenue for con2 veyance as the Property. 

3 (c) CONSIDERATION.— 

4 (1) IN GENERAL.—As consideration for the con5 veyance of the Property, the County shall pay to the 

6 Secretary an amount in cash equal to the market 

7 value of the property. 

8 (2) DETERMINATION OF VALUE.—To determine 

9 the market value of the property, the Secretary shall 

10 have the Property appraised in conformity with the 

11 Uniform Appraisal Standards for Federal Land Ac12 quisitions. The approved appraisal shall at all times 

13 be the property of the United States. 

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

15 the exterior boundaries of the Subtropical Horticulture 

16 Research Station and the Property to Federal survey 

17 standards to the satisfaction of the Secretary, and shall 

18 provide to the Secretary certified originals with signature 

19 and raised seal. 

20 (e) RELEASE.—The County, by a recordable instru21 ment satisfactory to the Secretary, shall release the United 

22 States Department of Agriculture from that instrument 

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

24 (f) TIME OF CONVEYANCE.—The Secretary shall con25 vey the Property to the County not later than 120 days 


jlentini on DSKJ8SOYB1PROD with BILLS
5 

•HR 3175 RH

1 after the date on which the County deposits the consider2 ation with the Department of Agriculture. 

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

4 County, the Secretary may make minor corrections or 

5 modifications to the legal description of the Property. 

6 SEC. 3. COSTS. 

7 (a) TRANSACTION COSTS.—At closing for the convey8 ance of the Property under this Act, the County shall pay 

9 or reimburse the Secretary, as appropriate, for the reason10 able transaction and administrative personnel costs associ11 ated with the conveyance authorized by this Act, including 

12 the transaction costs of appraisal, title, hazardous sub13 stances examination, and closing costs. 

14 (b) ADMINISTRATIVE COSTS.—In addition to trans15 action costs under subsection (a), the County shall pay 

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

17 (c) ATTORNEYS’ FEES.—The County and the Sec18 retary shall each bear their own attorneys’ costs. 

19 SEC. 4. RECEIPTS. 

20 The Secretary shall deposit the consideration and re21 ceipts for costs into the Treasury of the United States to 

22 be credited to the appropriation for the Agricultural Re23 search Service, and such sum shall be available to the Sec24 retary until expended, without further appropriation, for 


jlentini on DSKJ8SOYB1PROD with BILLS
6 

•HR 3175 RH

1 the operation, upkeep, and maintenance of the Subtropical 

2 Horticulture Research Station. 

3 SEC. 5. MISCELLANEOUS PROVISIONS. 

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

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

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

7 fence located on the boundary between the Property and 

8 the adjacent land administered by the Secretary. The 

9 fence shall be of materials and standards approved in ad10 vance by the Secretary. The Secretary may approve tem11 porary security structures for use during construction 

12 phases. 

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

14 may otherwise effect the purpose of this Act on such addi15 tional terms as are mutually acceptable and which are not 

16 inconsistent with the provisions of this Act. 


jlentini on DSKJ8SOYB1PROD with BILLS

jlentini on DSKJ8SOYB1PROD with BILLS
Union Calendar No. 140 

111TH CONGRESS 

1ST SESSION H. R. 3175 

[Report No. 111–252] 

A BILL 

To direct the Secretary of Agriculture to convey to 

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

SEPTEMBER 10, 2009 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


jlentini on DSKJ8SOYB1PROD with BILLS