[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
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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.
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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.
____________________