[Congressional Record Volume 149, Number 168 (Wednesday, November 19, 2003)]
[House]
[Pages H11591-H11592]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          FLORIDA NATIONAL FOREST LAND MANAGEMENT ACT OF 2003

  Mr. PUTNAM. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 117) to authorize the Secretary of Agriculture to sell 
or exchange certain land in the State of Florida, and for other 
purposes.
  The Clerk read as follows:

                                 S. 117

       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.

       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-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--
       (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).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Florida (Mr. Putnam) and the gentleman from Texas (Mr. Stenholm) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Florida (Mr. Putnam).
  Mr. PUTNAM. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. Putnam asked and was given permission to revise and extend his 
remarks, and include extraneous material.)
  Mr. PUTNAM. Mr. Speaker, I rise in support of Senate 117, the Florida 
National Forest Management Act of 2003. I commend the gentleman from 
Florida (Mr. Miller), my good friend, for his leadership on this issue.
  This bill allows the Secretary of Agriculture to solicit offers to 
sell or exchange 17 parcels of land within the National Forest system 
in Florida. These parcels, according to the Department of Agriculture 
are ``isolated lands that no longer contain National Forest 
characteristics and are no longer manageable as National Forest system 
land.'' Many of the parcels this bill considers contain structures such 
as baseball fields and the Okaloosa County Fairgrounds.
  The committee received letters of support from the Department of 
Agriculture and the concurrence of the Air Force for the sale or 
exchange of lands adjacent to Air Force property in Florida. All 
interested parties agree that this bill will improve ownership 
patterns, facilitate the best use of these lands, and enable the Forest 
Service to

[[Page H11592]]

achieve its land management objectives. I urge all the Members to 
support this important legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. STENHOLM. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of S. 117, the Florida National Forest 
Land Management Act of 2003. This legislation was introduced by Senator 
Graham, was passed in the Senate by unanimous consent on March 4. The 
companion measure we consider tonight was introduced by the gentleman 
from Florida (Mr. Miller).
  This legislation was drafted with the help of the U.S. Forest Service 
and supported by the Air Force and will aid the agency with fire 
prevention and protection in the area.
  Mr. Speaker, I urge my colleagues to support this legislation.
  Mr. Speaker, I yield back the balance of my time.
  Mr. PUTNAM. Mr. Speaker, I include in the Record jurisdiction-related 
letters between the Committee on Agriculture and the Committee on 
Resources regarding this legislation.
                                         House of Representatives,


                                       Committee on Resources,

                                Washington, DC, November 19, 2003.
     Hon. Bob Goodlatte,
     Committee on Agriculture, House of Representatives, 
         Washington, DC.
       Dear Mr. Chairman: I understand that you wish to consider 
     H.R. 482, on the Floor of the House of Representatives today. 
     This bill authorizes the Secretary of Agriculture to convey 
     several National Forest System parcels in the State of 
     Florida. The bill was referred solely to the Committee on 
     Agriculture. However, a closer reading shows that 16 of the 
     17 parcels are located in the Choctawhatchee and Ocala 
     National Forests, which are forests created from the public 
     domain. Those forests are under the jurisdiction of the 
     Committee on Resources under Rule X of the Rules of the House 
     of Representatives. In addition, the bill waives a provision 
     of the Federal Land Policy Management Act, a statute also 
     under Resources' purview.
       My staff has reviewed the bill and we have no problem with 
     the substance. Because of the limited number of days 
     remaining in the first session of the 108th Congress and the 
     importance of this bill to Congressman Jeff Miller, I will 
     not insist on a referral of the bill. Of course, this action 
     does not waive our jurisdiction over the bill, nor is this 
     action to be construed as a precedent for other, similar 
     legislation. In addition, I would ask you to support my 
     request to have the Committee on Resources to be represented 
     on any conference on H.R. 482 or a similar bill, should one 
     become necessary. Finally, I would include this letter and 
     any response you might have in the Congressional Record 
     during debate on H.R. 482.
       Thank you for your consideration of my request. I 
     appreciate our continued excellent working relationship on 
     forest issues and look forward to working with you on other 
     bills this Congress.
           Sincerely,
                                                 Richard W. Pombo,
     Chairman.
                                  ____

                                         House of Representatives,


                                     Committee on Agriculture,

                                Washington, DC, November 19, 2003.
     Hon. Richard Pombo,
     Committee on Resources,
     Washington, DC.
       Dear Mr. Chairman: I wanted to take this opportunity to 
     thank you for your letter regarding H.R. 482. As you know, 
     its companion bill S. 117 is being considered on the floor of 
     the House of Representatives today. The bill, S. 117 would 
     authorize the Secretary of Agriculture to sell or exchange 
     certain land in the State of Florida, and for other purposes.
       Both S. 117 and H.R. 482 were referred solely to the House 
     Agriculture Committee. However, I understand that your 
     committee could have received sequential jurisdiction over 
     this legislation. Therefore, I understand and appreciate your 
     willingness to forego committee referral of the bill for the 
     sake of timeliness and the importance of this legislation to 
     Congressman Miller of Florida.
       I support your request to have the Committee on Resources 
     be represented on any conference on S. 117 or a similar bill, 
     should one be necessary. However, after passage, this bill 
     will move to the President for his approval.
       Thank you in advance for your consideration of this 
     request.
           Sincerely,
                                                    Bob Goodlatte,
                                                         Chairman.

  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Florida (Mr. Miller), the sponsor of the legislation.
  Mr. MILLER of Florida. Mr. Speaker, I thank my colleague, the 
gentleman from Florida (Mr. Putnam), from Polk County for yielding me 
this time.
  Mr. Speaker, I too rise today in support of Senate Bill 117, the 
Florida National Forest Land Management Act of 2003. This legislation 
does allow the State of Florida and the U.S. Department of Forestry to 
close the loop on a patchwork of land that goes from the panhandle of 
Florida to the tip of the peninsula.
  In my district alone some of this land has transferred from the 
Forestry Service to the Air Force and back to the Forestry Service 
again. In Okaloosa County, 80 acres are currently leased for the county 
fairgrounds, complete with ball fields. This parcel is a parcel of land 
that the Department of Forestry does not want or need, but cannot 
convey unless this legislation is passed.
  Under the Federal sites administration law, Congress can identify 
specific excess land that can be sold by the Forestry Service and with 
the money earned purchase State forest areas. This method has already 
been used in Texas, Mississippi, and in Virginia. For Florida, and, 
more specifically, my district, this is a win-win. Okaloosa County gets 
the land; the Department of Forestry can use the money it receives to 
purchase additional property.
  Under the legislation, which has been passed in the Senate and 
approved by the House Committee on Agriculture, the Secretary of 
Agriculture may solicit offers for the sale or exchange of the land or 
reject any offer received under this section if the Secretary 
determines that the offer is inadequate or is not in the best interest 
of the public.
  For parcels that run adjacent to or are in any way connected to the 
Air Force's property, which some parcels are, the sale or exchange 
cannot be executed by the Secretary of Agriculture without the 
concurrence of the Secretary of the Air Force.
  Additionally, the Congressional Budget Office estimates that enacting 
this legislation would not significantly affect the Federal budget, and 
the measure contains no intergovernmental or private sector mandates as 
defined in the Unfunded Mandates Reform Act and would have no 
significant impact on the budgets of State, local, or tribal 
governments.
  Therefore, Mr. Speaker, I would like to thank the leadership for 
making room on today's calendar for this important piece of 
legislation. I would like to thank the chairman and also my colleague, 
the gentleman from Florida (Mr. Putnam), and the ranking member, the 
gentleman from Texas (Mr. Stenholm), for their assistance in seeing 
that this measure comes to the floor. I ask for their support and 
others.
  Mr. PUTNAM. Mr. Speaker, I have no further speakers on this issue. We 
do thank the gentleman from Texas (Mr. Stenholm) and the rest of the 
minority for their assistance in moving this legislation as quickly as 
we have.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Florida (Mr. Putnam) that the House suspend the rules 
and pass the Senate bill, S. 117.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________