[Congressional Record Volume 156, Number 39 (Wednesday, March 17, 2010)]
[House]
[Pages H1546-H1548]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                              {time}  1445
          FLORIDA NATIONAL FOREST LAND ADJUSTMENT ACT OF 2009

  Mr. BACA. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 3954) 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3954

       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 
     Adjustment Act of 2009''.

     SEC. 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.

     SEC. 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.

     SEC. 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.

     SEC. 5. REQUIRED DESIGNATION IN PAYGO ACTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go-Act of 2010 
     (Public Law 111-39; 124 Stat. 8), shall be determined by 
     reference to the latest statement titled ``Budgetary Effects 
     of PAYGO Legislation'' for this Act, submitted for printing 
     in the Congressional Record by the Chairman of the House 
     Budget Committee, provided that such statement has been 
     submitted prior to the vote on passage.

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


                             General Leave

  Mr. BACA. Madam Speaker, I ask unanimous consent that all Members 
have 5 legislative days in which to revise and extend their remarks on 
this bill, H.R. 3954.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. BACA. Madam Speaker, I yield myself as much time as I may 
consume.
  Madam Speaker, I rise today in support of H.R. 3954, the Florida 
National Forest Land Adjustment Act. This bill would authorize the 
conveyance of 114 acres in Leon County, Florida, that would allow the 
U.S. Forestry to make equivalent land exchange within the Ocala and the 
Apalachicola National Forests to better and more efficiently manage the 
land. The bill would also clarify some boundary issues by allowing a 
survey to be conducted on certain areas of Florida State forest land.
  This bill has the support of the Democratic and Republican members of 
the Florida delegation; I state, members of the Florida delegation, 
bipartisan, as well as the U.S. Forestry. The Congressional Budget 
Office has indicated that this bill has no significant impact on the 
Federal budget; and it was passed by the House Agriculture Committee by 
a voice vote earlier. I urge my colleagues to support its passage.
  I reserve the balance of my time.
  Mr. LUCAS. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise in support of H.R. 3954, a bill to address 
several public land issues in the great State of Florida. This 
legislation helps resolve

[[Page H1547]]

significant title and boundary issues on State and Federal lands in the 
State of Florida. The bill promotes better efficiency in public land 
management by allowing the State and Federal governments to exchange 
land that is better managed by each other.
  This bill also allows the proceeds from the sale of certain tracts of 
land in the Apalachicola National Forest to be used to build a much 
needed administrative facility to manage the land.
  This bill has the support of the Forestry Service. It has no 
budgetary impact. And I urge my colleagues to support this bill.
  I reserve the balance of my time, Madam Speaker.
  Mr. BACA. Madam Speaker, I yield 3 minutes to the gentleman from 
Florida (Mr. Boyd) who has vision and outstanding leadership in this 
area, and cares very much about this issue.
  Mr. BOYD. Madam Speaker, I thank my friend, Mr. Baca, and also Mr. 
Lucas for their help and support of this bill. I also want to thank 
Chairman Colin Peterson and members and staff of the Agriculture 
Committee, and particularly my friends Jeff Miller and Ander Crenshaw 
for all the work they've put into moving this legislation.
  Madam Speaker, I introduced this legislation to help the State of 
Florida make some much needed land exchanges between State and Federal 
governments. In many parts of Florida, State and Federal lands are 
intermingled. This patchwork of ownership adds much expense and 
confusion in the management of public lands. This legislation will help 
both Federal and State agencies take better care of several lands 
throughout the State, including the Apalachicola National Forest, which 
is in Florida's Second Congressional District.
  This exchange will also help protect the environment as well. I am 
very fortunate to represent a place called Wakulla Springs, which is 
one of Florida's cleanest and most beautiful spring locations. Wakulla 
Springs is also a popular outdoor recreation site for many in north 
Florida and others who come to visit.
  Believe it or not, glass bottom boat rides are still very popular at 
this spring and offer families a chance to enjoy the outdoors and see 
how beautiful north Florida is.
  Most recently, the springs have been under the threat of pollution. 
By exchanging these lands, we will have a better ability to keep the 
springs clean. This legislation will help the Forest Service better 
protect lands around the springs, which impact water flow to the 
springs and will help keep them crystal clear.
  Protecting Florida's natural environment is very important to me. 
This exchange will protect pristine forest land in the State of Florida 
for future generations. And I am very proud to support this 
legislation, and would urge a ``yes'' vote.
  Mr. LUCAS. Madam Speaker, I yield to the gentleman from Florida (Mr. 
Crenshaw) such time as he may consume.
  Mr. CRENSHAW. Madam Speaker, the National Forest Service does a 
fantastic job of managing our Nation's natural resources. They manage 
them in Florida as well as all across the Nation, and they deserve to 
have the tools that they need to give them the flexibility to 
efficiently accomplish this job.
  So that's why I've joined with my fellow colleagues from Florida, 
Allen Boyd and Jeff Miller, to introduce the bipartisan Florida 
National Forest Land Adjustment Act, and I strongly urge its passage. 
Each of us has focused on a portion of this bill to ensure this 
comprehensive measure represents a strong public policy which will 
enable the Forest Service to embolden its mission.
  Now, in Leon County, that's the capital of Florida, there's a 114-
acre parcel known as W-1979. And it's evolved--it's a tract of land 
that has evolved into a kind of unmanageable problem for the 
Apalachicola National Forest, which is right outside Tallahassee. 
Because of its configuration and because of the commercial development 
around it, the vegetation can't be managed very well. They can't use 
prescribed fire, and so although it's very important from a commercial 
standpoint and a developmental standpoint, it has really lost its 
national forest character.
  And so in an effort to provide the Forest Service with a method to 
manage this land, my provision of our joint bill would simply add this 
tract of land to the list that the Secretary of Agriculture is 
empowered to sell. And any proceeds from that prospective sale would 
allow the Forest Service to purchase other lands within the forest; and 
they'd be more manageable, and that would enhance the national forest.
  So, Madam Speaker, this is the kind of flexibility that we think the 
National Forest Service ought to have. They can manage our Nation's 
precious resources, not only for us, but for generations to come. And 
so I am grateful for the work that my colleagues have put in on this 
and urge its adoption.
  Mr. BACA. Madam Speaker, I submit the following exchange of letters 
between the Committee on Agriculture and the Committee on Natural 
Resources for inclusion in the Congressional Record.

                                         House of Representatives,


                               Committee on Natural Resources,

                                   Washington, DC, March 17, 2010.
     Hon. Collin C. Peterson,
     Chairman, Committee on Agriculture,
     Washington, DC.
       Dear Mr. Chairman: Thank you for the opportunity to review 
     the text of H.R. 3954, the Florida National Forest Land 
     Adjustment Act of 2009, for provisions regarding public 
     domain national forests which are within the jurisdiction of 
     the Committee on Natural Resources.
       Because of the continued cooperation and consideration that 
     you have afforded me and my staff in developing these 
     provisions, I will not seek a sequential referral of H.R. 
     3954 based on their inclusion in the bill. Of course, this 
     waiver is not intended to prejudice any future jurisdictional 
     claims over these provisions or similar language. I also 
     reserve the right to seek to have conferees named from the 
     Committee on Natural Resources on these provisions, and 
     request your support if such a request is made.
       Please place this letter into the Congressional Record 
     during consideration of H.R. 3954 on the House floor.
       Thank you for the cooperative spirit in which you have 
     worked regarding this matter and others between our 
     respective committees.
       With warm regards, I am,
           Sincerely,
                                                Nick J. Rahall II,
     Chairman, Committee on Natural Resources.
                                  ____

                                         House of Representatives,


                                     Committee on Agriculture,

                                   Washington, DC, March 17, 2010.
     Hon. Nick J. Rahall II,
     Chairman, Committee on Natural Resources,
     Washington, DC.
       Dear Chairman Rahall: Thank you for your letter regarding 
     H.R. 3954, the ``Florida National Forest Land Adjustment Act 
     of 2009.
       H.R. 3954 was favorably reported by the House Agriculture 
     Committee on March 3. The legislation contains provisions 
     that are of jurisdictional interest to the Committee on 
     Natural Resources.
       I appreciate the willingness of your committee to discharge 
     the bill without further consideration and understand that 
     this action will in no way waive your committee's 
     jurisdictional interests in the subject matter of the 
     legislation or serve as a precedent for future referrals. In 
     the event that a conference with the Senate is requested on 
     this matter, I would support naming House Natural Resources 
     Committee members to the conference committee.
       A copy of our letters regarding this bill will be inserted 
     into the Congressional Record during floor consideration of 
     the legislation.
       Thank you for the cooperative spirit in which you have 
     worked regarding this matter and others between our 
     respective committees.
           Sincerely,
                                               Collin C. Peterson,
                                                         Chairman.

  Madam Speaker, I reserve the balance of my time.
  Mr. LUCAS. Madam Speaker, I have one additional speaker, and I wish 
to yield such time as he may consume to the gentleman from Florida (Mr. 
Miller).
  Mr. MILLER of Florida. Madam Speaker, this bill does, in fact, make 
important and much-needed adjustments to the Federal land provisions to 
allow for better management of both Federal and State lands.
  This bill provides for the interchange of Federal and State land to 
make land management more contiguous for both the State of Florida and 
the U.S. Department of Forestry because, within our national forest 
system, adjacent land has become intermingled over the years, and 
allowing Florida to interchange land with Federal land would make land 
management much more efficient for both sides.
  The Florida National Forest Land Adjustment Act permits both the U.S.

[[Page H1548]]

Department of Forestry and the State of Florida to, in fact, better 
manage their forest systems.
  As the vice chair of the Congressional Sportsmen's Caucus, I do know 
how vital Federal and State land management is in the protection of 
wildlife and resource conservation. So H.R. 3954 is a significant step 
toward better forest management, and I do urge my colleagues to vote in 
support of this bill.
  Mr. LUCAS. Madam Speaker, I have no additional speakers, and I yield 
back the balance of my time.
  Mr. BACA. Madam Speaker, I want to thank the ranking member, minority 
ranking member, Mr. Lucas, for his bipartisan support. I also want to 
thank Chairman Collins, along with Congressmen Crenshaw and Miller, on 
this bipartisan legislation that's important to a lot of us as we look 
at moving forward.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Baca) that the House suspend the rules 
and pass the bill, H.R. 3954, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BACA. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________