II 111th CONGRESS 2d Session S. 3070 IN THE SENATE OF THE UNITED STATES March 3, 2010 Mr. Nelson of Florida (for himself and Mr. LeMieux) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To release Federal reversionary interests retained on certain lands acquired in the State of Florida under the Bankhead-Jones Farm Tenant Act, to authorize the interchange of National Forest System land and State land in Florida, to authorize an additional conveyance under the Florida National Forest Land Management Act of 2003, and for other purposes.

1.

Short title

This Act may be cited as the Florida National Forest Land Adjustment Act of 2010.

2.

Release of deed restrictions on certain lands acquired under the Bankhead-Jones Farm Tenant Act in Florida

(a)

Findings

Congress finds the following: (1)Certain lands in the State of Florida were conveyed by the United States to the State under the authority of section 32(c) of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(c)), and now are part of the Blackwater River and Withlacoochee State Forests. (2)The lands were conveyed to the State subject to deed restrictions that the lands could be only used for public purposes. (3)The deed restrictions impede the ability of the State to remedy boundary and encroachment problems involving the lands. (4)The release of the deed restrictions by the Secretary of Agriculture (hereafter referred to as the Secretary) will further the purposes for which the lands are being managed as State forests and will alleviate future Federal responsibilities with respect to the lands. (b)

Release required

Subject to valid existing rights, and such reservations as the Secretary considers to be in the public interest, the Secretary shall release, convey, and quitclaim to the State of Florida, without monetary consideration, all rights, title, and remaining interest of the United States in and to those lands within or adjacent to the Blackwater River and Withlacoochee State Forests that were conveyed to the State under the authority of section 32(c) of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(c)) or under any other law authorizing conveyance subject to restrictions or reversionary interests retained by the United States. (c)

Terms and conditions

The conveyances authorized by subjection (b) are subject to the following terms and conditions. (1)The State shall cover or reimburse the Secretary for reasonable costs incurred by the Secretary to make the conveyances, including title searches, surveys, deed preparation, attorneys’ fees, and similar expenses. The Secretary may not seek reimbursement for administrative overhead costs. (2)By accepting the conveyances authorized by this section, the State agrees— (A)that all net proceeds from any sale, exchange, or other disposition of the real property subject to deed restrictions shall be used by the State for the acquisition of lands or interests in lands within or adjacent to units of the state forest and park systems; (B)to affirmatively address and resolve boundary encroachments in accordance with State law for the affected State forests; and (C)to indemnify and hold the United States harmless with regard to any boundary disputes related to any parcel released under this section.

3.

Interchange involving National Forest System land and State land in Florida

(a)

Findings

The Congress finds the following: (1)There are intermingled Federal and State lands within units of the National Forest System in Florida that are of comparable quantity and quality and of approximately equal value. (2)Interchanging these lands would be in the public interest by facilitating more efficient public land management. (b)

Approximately equal value defined

In this section, the term approximately equal value means a comparative estimate of the value between lands to be interchanged, regarding which, without the necessity of an appraisal, the elements of value, such as physical characteristics and other amenities, are readily apparent and substantially similar. (c)

Land interchange authorized

(1)

Authorization

Subject to valid existing rights, if the State of Florida offers to convey to the United States those State lands designated for interchange on the two maps entitled State of Florida—U.S. Forest Service Interchange—January, 2009 and title to such lands is otherwise acceptable to the Secretary of Agriculture, the Secretary shall convey and quitclaim to the State those National Forest System lands in the Ocala National Forest and the Apalachicola National Forest designated for interchange on the maps. (2)

Maps

The maps referenced in paragraph (1) shall be available for public inspection in the office of the Chief of the Forest Service and in the office of the Supervisor of the National Forests in Florida for a period of at least five years after completion of the land interchanges authorized by this section. (d)

Terms and conditions

Any land interchange under this section shall be subject to such reservations and rights-of-way as may be mutually acceptable to the Secretary and the authorized officer of the State. (e)

Replacement land

In the event that any of the designated lands are in whole or part found to be unacceptable for interchange under this section due to title deficiencies, survey problems, the existence of hazardous materials, or for any other reason, the Secretary and the authorized officer of the State may substitute or modify the lands to be interchanged insofar as it is mutually agreed that the lands are of comparable quality and approximately equal value.

4.

Additional land disposal under Florida National Forest Land Management Act of 2003

(a)

Disposal authorized

In accordance with the provisions of the Florida National Forest Land Management Act of 2003 (Public Law 108–152; 117 Stat. 1919), the Secretary of Agriculture may convey, by means of sale or exchange, all right, title, and interest of the United States in and to a parcel of land comprising approximately 114 acres, located within Township 1 South, Range 1 West, section 25, Leon County, Florida, and designated as tract W–1979. (b)

Use of proceeds

(1)

Tract W–1979

The Secretary shall use the proceeds derived from any sale of tract W–1979, as authorized by subsection (a), only— (A)to acquire lands and interests in land for inclusion in the Apalachicola National Forest; and (B)to cover the disposal costs incurred by the Secretary to carry out the sale of such tract. (2)

Certain other tracts

With respect to tract A–943, tract A–944, and tract C–2210, as described in paragraphs (5), (6), and (16) of subsection (b) of section 3 of the Florida National Forest Land Management Act of 2003 and authorized for sale by subsection (a) of such section, being lands having permanent improvements and infrastructure, the Secretary may use the net proceeds derived from any sale of such tracts to acquire, construct, or maintain administrative improvements for units of the National Forest System in Florida.