S. 117 Text
12-3-03
Became Public Law No: 108-152
One Hundred Eighth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three
An Act
To authorize the Secretary of Agriculture to sell or exchange certain
land in the State of 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. SHORT TITLE.
This Act may be cited as the `Florida National Forest Land Management Act
of 2003'.
SEC. 2. DEFINITIONS.
(1) SECRETARY- The term `Secretary' means the Secretary of Agriculture.
(2) STATE- The term `State' means the State of Florida.
SEC. 3. SALE OR EXCHANGE OF LAND.
(a) IN GENERAL- The Secretary may, under such terms and conditions as the
Secretary may prescribe, sell or exchange any right, title, and interest
of the United States in and to the parcels of Federal land in the State
described in subsection (b).
(b) DESCRIPTION OF LAND- The parcels of Federal land in the State referred
to in subsection (a) consist of--
(1) tract A-942a, East Bay, Santa Rosa County, consisting of approximately
61 acres, and more particularly described as T. 1 S., R. 27 W., sec. 31,
W 1/2 of SW 1/4 ;
(2) tract A-942b, East Bay, Santa Rosa County, consisting of approximately
40 acres, and more particularly described as T. 1 S., R. 27 W., sec. 38;
(3) tract A-942c, Ft. Walton, Okaloosa County, located southeast of the
intersection of and adjacent to State Road 86 and Mooney Road, consisting
of approximately 0.59 acres, and more particularly described as T. 1 S.,
R. 24 W., sec. 26;
(4) tract A-942d, located southeast of Crestview, Okaloosa County, consisting
of approximately 79.90 acres, and more particularly described as T. 2
N., R. 23 W., sec. 2, NW 1/4 NE 1/4 and NE 1/4 NW 1/4 ;
(5) tract A-943, Okaloosa County Fairgrounds, Ft. Walton, Okaloosa County,
consisting of approximately 30.14 acres, and more particularly described
as T. 1 S., R. 24 W., sec. 26, S 1/2 ;
(6) tract A-944, City Ball Park--Ft. Walton, Okaloosa County, consisting
of approximately 12.43 acres, and more particularly described as T. 1
S., R. 24 W., sec. 26, S 1/2 ;
(7) tract A-945, Landfill-Golf Course Driving Range, located southeast
of Crestview, Okaloosa County, consisting of approximately 40.85 acres,
and more particularly described as T. 2 N., R. 23 W., sec. 4, NW 1/4 NE
1/4 ;
(8) tract A-959, 2 vacant lots on the north side of Micheaux Road in Bristol,
Liberty County, consisting of approximately 0.5 acres, and more particularly
described as T. 1 S., R. 7 W., sec. 6;
(9) tract C-3m-d, located southwest of Astor in Lake County, consisting
of approximately 15.0 acres, and more particularly described as T. 15
S., R. 28 E., sec. 37;
(10) tract C-691, Lake County, consisting of the subsurface rights to
approximately 40.76 acres of land, and more particularly described as
T. 17 S., R. 29 E., sec. 25, SE 1/4 NW 1/4 ;
(11) tract C-2208b, Lake County, consisting of approximately 39.99 acres,
and more particularly described as T. 17 S., R. 28 E., sec. 28, NW 1/4
SE 1/4 ;
(12) tract C-2209, Lake County, consisting of approximately 127.2 acres,
as depicted on the map, and more particularly described as T. 17 S., R.
28 E., sec. 21, NE 1/4 SW 1/4 , SE 1/4 NW 1/4 , and SE 1/4 NE 1/4 ;
(13) tract C-2209b, Lake County, consisting of approximately 39.41 acres,
and more particularly described as T. 17 S., R. 29 E., sec. 32, NE 1/4
SE 1/4 ;
(14) tract C-2209c, Lake County, consisting of approximately 40.09 acres,
and more particularly described as T. 18 S., R. 28 E., sec. 14, SE 1/4
SW 1/4 ;
(15) tract C-2209d, Lake County, consisting of approximately 79.58 acres,
and more particularly described as T. 18 S., R. 29 E., sec. 5, SE 1/4
NW 1/4 , NE 1/4 SW 1/4 ;
(16) tract C-2210, government lot 1, 20 recreational residential lots,
and adjacent land on Lake Kerr, Marion County, consisting of approximately
30 acres, and more particularly described as T. 13 S., R. 25 E., sec.
22;
(17) tract C-2213, located in the F.M. Arrendondo grant, East of Ocala,
Marion County, and including a portion of the land located east of the
western right-of-way of State Highway 19, consisting of approximately
15.0 acres, and more particularly described as T. 14 and 15 S., R. 26
E., sec. 36, 38, and 40; and
(18) all improvements on the parcels described in paragraphs (1) through
(17).
(c) LEGAL DESCRIPTION MODIFICATION- The Secretary may, for the purposes
of soliciting offers for the sale or exchange of land under subsection (d),
modify the descriptions of land specified in subsection (b) based on--
(2) a determination by the Secretary that the modification would be in
the best interest of the public.
(d) SOLICITATIONS OF OFFERS-
(1) IN GENERAL- Subject to such terms and conditions as the Secretary
may prescribe, the Secretary may solicit offers for the sale or exchange
of land described in subsection (b).
(2) REJECTION OF OFFERS- The Secretary may reject any offer received under
this section if the Secretary determines that the offer--
(B) is not in the public interest.
(e) METHODS OF SALE- The Secretary may sell the land described in subsection
(b) at public or private sale (including at auction), in accordance with
any terms, conditions, and procedures that the Secretary determines to be
appropriate.
(f) BROKERS- In any sale or exchange of land described in subsection (b),
the Secretary may--
(1) use a real estate broker; and
(2) pay the real estate broker a commission in an amount that is comparable
to the amounts of commission generally paid for real estate transactions
in the area.
(g) CONCURRENCE OF THE SECRETARY OF THE AIR FORCE- A parcel of land described
in paragraphs (1) through (7) of subsection (b) shall not be sold or exchanged
by the Secretary without the concurrence of the Secretary of the Air Force.
(h) CASH EQUALIZATION- Notwithstanding section 206(b) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1716(b)), if the value of non-Federal
land for which Federal land is exchanged under this section is less than
the value of the Federal land exchanged, the Secretary may accept a cash
equalization payment in excess of 25 percent of the value of the Federal
land.
(i) DISPOSITION OF PROCEEDS-
(1) IN GENERAL- The net proceeds derived from any sale or exchange under
this Act shall be deposited in the fund established by Public Law 90-171
(commonly known as the `Sisk Act') (16 U.S.C. 484a).
(2) USE- Amounts deposited under paragraph (1) shall be available to the
Secretary for expenditure, without further appropriation, for--
(A) acquisition of land and interests in land for inclusion as units
of the National Forest System in the State; and
(B) reimbursement of costs incurred by the Secretary in carrying out
land sales and exchanges under this Act, including the payment of real
estate broker commissions under subsection (f).
SEC. 4. ADMINISTRATION.
(a) IN GENERAL- Land acquired by the United States under this Act shall
be--
(1) subject to the Act of March 1, 1911 (commonly known as the `Weeks
Act') (16 U.S.C. 480 et seq.); and
(2) administered in accordance with laws (including regulations) applicable
to the National Forest System.
(b) APPLICABLE LAW- The land described in section 3(b) shall not be subject
to the Federal Property and Administrative Services Act of 1949 (40 U.S.C.
471 et seq.).
(c) WITHDRAWAL- Subject to valid existing rights, the land described in
section 3(b) is withdrawn from location, entry, and patent under the public
land laws, mining laws, and mineral leasing laws (including geothermal leasing
laws).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
END