[Congressional Record Volume 155, Number 130 (Tuesday, September 15, 2009)]
[House]
[Pages H9514-H9516]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   MIAMI-DADE COUNTY LAND CONVEYANCE

  Mr. HOLDEN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3175) to direct the Secretary of Agriculture to convey to 
Miami-Dade County certain federally owned land in Florida, and for 
other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3175

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page H9515]]

     SECTION 1. DEFINITIONS.

       As used in this Act:
       (1) County.--The term ``County'' means Miami-Dade County in 
     the State of Florida.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (3) Property.--The term ``Property'' means approximately 
     2.0 acres, more or less, of the federally owned land 
     comprising the Subtropical Horticulture Research Station in 
     Miami-Dade County, Florida, as described in section 2(b).

     SEC. 2. LAND CONVEYANCE.

       (a) In General.--Upon receipt of the consideration and cost 
     reimbursement provided herein, the Secretary shall convey and 
     quitclaim to the County, all right, title, and interest of 
     the United States in the Property, subject to easements and 
     rights-of-way of record and such other terms and conditions 
     as the Secretary may prescribe.
       (b) Property Delineation.--Of the federally owned land 
     comprising the Subtropical Horticulture Research Station, the 
     Secretary and the authorized representative of the County 
     shall mutually delineate 2.0 acres, more or less, fronting on 
     SW 67th Avenue for conveyance as the Property.
       (c) Consideration.--
       (1) In general.--As consideration for the conveyance of the 
     Property, the County shall pay to the Secretary an amount in 
     cash equal to the market value of the property.
       (2) Determination of value.--To determine the market value 
     of the property, the Secretary shall have the Property 
     appraised in conformity with the Uniform Appraisal Standards 
     for Federal Land Acquisitions. The approved appraisal shall 
     at all times be the property of the United States.
       (d) Survey.--The County shall, at its cost, survey the 
     exterior boundaries of the Subtropical Horticulture Research 
     Station and the Property to Federal survey standards to the 
     satisfaction of the Secretary, and shall provide to the 
     Secretary certified originals with signature and raised seal.
       (e) Release.--The County, by a recordable instrument 
     satisfactory to the Secretary, shall release the United 
     States Department of Agriculture from that instrument dated 
     September 8, 2006, titled ``Unity of Title''.
       (f) Time of Conveyance.--The Secretary shall convey the 
     Property to the County not later than 120 days after the date 
     on which the County deposits the consideration with the 
     Department of Agriculture.
       (g) Corrections.--With the agreement of the County, the 
     Secretary may make minor corrections or modifications to the 
     legal description of the Property.

     SEC. 3. COSTS.

       (a) Transaction Costs.--At closing for the conveyance of 
     the Property under this Act, the County shall pay or 
     reimburse the Secretary, as appropriate, for the reasonable 
     transaction and administrative personnel costs associated 
     with the conveyance authorized by this Act, including the 
     transaction costs of appraisal, title, hazardous substances 
     examination, and closing costs.
       (b) Administrative Costs.--In addition to transaction costs 
     under subsection (a), the County shall pay administrative 
     costs in the liquidated amount of $50,000.
       (c) Attorneys' Fees.--The County and the Secretary shall 
     each bear their own attorneys' costs.

     SEC. 4. RECEIPTS.

       The Secretary shall deposit the consideration and receipts 
     for costs into the Treasury of the United States to be 
     credited to the appropriation for the Agricultural Research 
     Service, and such sum shall be available to the Secretary 
     until expended, without further appropriation, for the 
     operation, upkeep, and maintenance of the Subtropical 
     Horticulture Research Station.

     SEC. 5. MISCELLANEOUS PROVISIONS.

       (a) Security Fencing.--On or before closing for the 
     conveyance of the Property under this Act, the County shall, 
     at its cost, contract for the construction of a security 
     fence located on the boundary between the Property and the 
     adjacent land administered by the Secretary. The fence shall 
     be of materials and standards approved in advance by the 
     Secretary. The Secretary may approve temporary security 
     structures for use during construction phases.
       (b) Other Terms.--The Secretary and the County may 
     otherwise effect the purpose of this Act on such additional 
     terms as are mutually acceptable and which are not 
     inconsistent with the provisions of this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania (Mr. Holden) and the gentleman from Oklahoma (Mr. Lucas) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania.


                             General Leave

  Mr. HOLDEN. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks on 
this bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.
  Mr. HOLDEN. Mr. Speaker, I yield myself as much time as I may 
consume.
  H.R. 3175 was introduced by Congressman Lincoln Diaz-Balart of 
Florida to facilitate the sale of 2 acres of land at the USDA 
Agricultural Research Service's Subtropical Horticulture Research 
Station in Miami-Dade County, Florida. The land would be sold at market 
value to the county for the purpose of building a fire station in the 
village of Palmetto Bay, a community of 25,000 people. This area 
currently faces below-average firefighting response times when compared 
to other municipalities in the region.
  This ARS station was established in 1898 as a plant introduction 
garden on 6 acres, and it has grown to about 200 acres today. The ARS 
station has worked with the county and the village to identify land 
that could be used for the fire station, and I encourage my colleagues 
to join me in supporting this bill.
  I reserve the balance of my time.
  Mr. LUCAS. Mr. Speaker, I yield myself as much time as I may consume.
  Today I rise in support of H.R. 3175. This bill will allow the Ag 
Research Service (ARS) to sell 2 acres of land in southeast Florida to 
the local government of Miami-Dade County, Florida, for the purpose of 
constructing a new fire station. Current response times for 
firefighters in the village of Palmetto Bay and South Coral Gables have 
fallen below the district-wide average, and there is a safety concern 
for local residents and neighborhoods. ARS has no current use for the 
land and supports the sale of the fire station, as does local 
government and local residents. Miami-Dade County will pay market price 
for the land along with all associated costs.
  The Congressional Budget Office has scored H.R. 3175 at no cost to 
the Federal Government. This bill passed the Agriculture Committee with 
no opposition, and I ask my colleagues to support this legislation.
  I reserve the balance of my time.
  Mr. HOLDEN. Mr. Speaker, I have no further requests for time, so I 
reserve the balance of my time.
  Mr. LUCAS. Mr. Speaker, I would like to yield 4 minutes to 
Congressman Lincoln Diaz-Balart of Florida.
  Mr. LINCOLN DIAZ-BALART of Florida. I thank my dear friend, Ranking 
Member Lucas, for the time as well as Mr. Holden, and they've 
summarized the legislation well. I introduced this bill, H.R. 3175, to 
direct the Secretary of Agriculture to sell approximately 2 acres to 
Miami-Dade County so that a fire station can be built. It is an issue 
of great importance to the community. The southern portion of the 
district that I'm honored to represent, covering the village of 
Palmetto Bay and the city of Pinecrest, continues to grow rapidly. Due 
to the population growth, public services have been stretched, and fire 
response times, as Mr. Lucas pointed out, have fallen below the 
district average.
  This morning I met with distinguished leaders from the village of 
Palmetto Bay. They reiterated to me the urgent need for this fire 
station in our south Miami-Dade County community. So this problem 
really deals with the issue that new construction for public services 
in Miami-Dade is confronting a lack of available land. The USDA station 
currently occupies, as Mr. Holden pointed out, approximately 200 acres 
in southeast Florida with plenty of land to spare.
  So, Mr. Speaker, the citizens of my community were not asking for a 
handout, as Mr. Lucas was pointing out. The county is going to pay fair 
market value for the land, along with all associated fees, and they 
have committed to completely funding the construction of the fire 
station. The CBO has scored the bill at no cost to the taxpayer. So 
again, I would like to thank Chairman Peterson and Ranking Member Lucas 
for their prompt action on the bill. I also wish to thank my dear 
colleagues from south Florida who have cosponsored the bill, 
Congresswoman Ros-Lehtinen, who will shortly address the House, 
Congresswoman Wasserman Schultz, Congressman Mario Diaz-Balart, and 
Kendrick Meek. I urge passage of the legislation.
  Mr. HOLDEN. I will continue to reserve, Mr. Speaker.
  Mr. LUCAS. Mr. Speaker, I yield 3 minutes to the Congresswoman from 
Florida, Ms. Ros-Lehtinen.
  Ms. ROS-LEHTINEN. I thank my colleague from Oklahoma for the time, 
and I thank my friend and colleague from Florida, Lincoln Diaz-Balart, 
for introducing this important bill and for getting it to the floor 
today in such

[[Page H9516]]

a prompt manner. Our congressional districts share a border, and this 
piece of land to be conveyed to Miami-Dade County actually sits just 
about on that very border.
  But regardless of congressional districts, the conveyance of this 
property will be of great benefit to all of the residents in south 
Florida, particularly for the families living in Pinecrest, Palmetto 
Bay and Cutler Bay. This land will soon bring them increased safety and 
important peace of mind. Miami-Dade County expects to build the only 
fire station that would be equipped to swiftly address emergency 
situations in these communities. I'm a local resident of this area 
myself, so I can say that we have all too long needed this fire 
station.
  I commend Congressman Diaz-Balart as well as the House for swiftly 
moving this bill to make the lands available for its creation. I must 
point out that the fire station would be nothing without the brave men 
and women who will serve there. Our firefighters put their lives on the 
line for us each and every day, and I know that all of south Florida 
thanks them for their supreme dedication.
  Along with my colleague Congressman Lincoln Diaz-Balart, I also had 
the opportunity of meeting with the leaders of the Palmetto Bay 
community, and they strongly support this bill that will go a long way 
to ensuring the safety and well-being of all of our residents. I thank 
Mr. Lucas for the time, and I thank Mr. Diaz-Balart for his leadership.
  Mr. HOLDEN. I continue to reserve, Mr. Speaker.
  Mr. LUCAS. Mr. Speaker, we have no further speakers. I yield back the 
balance of my time.
  Mr. HOLDEN. Mr. Speaker, I urge passage of the bill and yield back 
the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Pennsylvania (Mr. Holden) that the House suspend the 
rules and pass the bill, H.R. 3175.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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