[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 3115 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 3115

 To authorize the Secretary of Agriculture to sell or exchange certain 
         land in the State of Florida, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 16, 2002

  Mr. Graham introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
 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 2002''.

SEC. 2. DEFINITIONS.

    In this Act:
            (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-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;
            (13) 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
            (14) all improvements on the parcels described in 
        paragraphs (1) through (13).
    (c) Modifications to Legal Descriptions.--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--
            (1) a survey; or
            (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--
                    (A) is not adequate; or
                    (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).
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