[House Report 111-252]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-252

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 DIRECTING THE SECRETARY OF AGRICULTURE TO CONVEY TO MIAMI-DADE COUNTY 
    CERTAIN FEDERALLY OWNED LAND IN FLORIDA, AND FOR OTHER PURPOSES

                                _______
                                

 September 10, 2009.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

    Mr. Peterson, from the Committee on Agriculture, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3175]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Agriculture, to whom was referred 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, having considered the same, report 
favorably thereon without amendment and recommend that the bill 
do pass.

                           BRIEF EXPLANATION

    H.R. 3175 directs the Secretary of Agriculture to convey 
approximately 2 acres currently a part of the Subtropical 
Horticulture Research Station operated by the Agricultural 
Research Service to Miami-Dade County, Florida.
    The bill requires Miami-Dade County to pay market value and 
transaction and administrative costs to the Secretary.
    Consideration and receipts for costs shall be deposited in 
the Treasury, but will be credited for the operation, upkeep 
and maintenance of the Subtropical Horticulture Research 
Station without further appropriation.
    The bill compels the County to build a security fence 
between the property conveyed and the adjacent Research Station 
lands using materials and standards approved by the Secretary.

                            PURPOSE AND NEED

    H.R. 3175 was introduced by Congressman Lincoln Diaz-Balart 
of Florida. This bill would allow for the sale of approximately 
two acres of land at the USDA Agricultural Research Service's 
Subtropical Horticulture Research Station in Miami-Dade County, 
Florida.
    The Subtropical Horticulture Research Station was created 
in 1898, and has been at its current location since 1923. The 
160 acre site conducts and supports environmentally sound 
research on tropical and subtropical crops.
    The two-acre plot of land would be sold at market value to 
Miami-Dade County for the purpose of building a fire station in 
the village of Palmetto Bay, a community of 25,000. Palmetto 
Bay, along with that of neighboring South Coral Gables, is 
currently facing below-average fire-fighter response times as 
compared to other municipalities in the region.
    ARS has worked with the County and the village in 
identifying land that could be used for the fire station, and 
USDA has indicated that the County has the funding to move 
forward with the purchase.
    In addition to the sale allowance, H.R. 3175 directs that 
the proceeds from the sale go to the ARS budget for the 
station's operation, upkeep and maintenance. The County would 
also be responsible for all transaction and personnel costs 
associated with the conveyance of the property as well as a 
$50,000 payment to cover administrative costs.

                           SECTION-BY-SECTION

Section 1. Definitions

    Defines the term ``County'' as Miami-Dade County in 
Florida; defines the term ``Secretary'' as the Secretary of 
Agriculture; and defines the term ``Property'' as approximately 
2 acres of land within the Subtropical Horticulture Research 
Station in Miami-Dade County.

Section 2. Land conveyance

    Requires the Secretary to convey all right, title and 
interest in 2 acres of land currently a part of the Subtropical 
Horticulture Research Station; requires the County to provide 
payment in the amount of the property's market value, as 
appraised under the Uniform Appraisal Standards for Federal 
Land Acquisitions; requires the County to pay for a survey of 
the property's boundaries and provide certified originals to 
the Secretary; and mandates the County to release USDA from the 
title and the Secretary to convey the property to the County 
not later than 120 days after depositing the consideration with 
USDA.

Section 3. Costs

    Directs the county to pay or reimburse the Secretary for 
closing costs and other costs related to conveyance of the 
property, including $50,000 for administrative costs. Each 
party will pay their own legal fees.

Section 4. Receipts

    Authorizes the Secretary to deposit the consideration and 
receipts into the Treasury and to receive a credit for the 
operation, upkeep and maintenance of the Subtropical 
Horticulture Research Station without appropriation.

Section 5. Miscellaneous provisions

    Directs the County to erect a security fence between the 
property conveyed and the adjacent property of the Subtropical 
Horticulture Research Station using standards and materials 
approved by the Secretary. The Secretary and County may achieve 
the purposes of this conveyance on mutually acceptable terms 
consistent with this bill.

                        COMMITTEE CONSIDERATION

    The Committee on Agriculture met, pursuant to notice, with 
a quorum present, on July 29, 2009, to consider H.R. 3175 and 
other pending legislation.
    Members were recognized and each made a statement in 
support of the legislation.
    There being no amendments, Mr. Lucas moved that H.R. 3175 
be reported favorably to the House with the recommendation that 
it do pass.
    By a voice vote, and in the presence of a quorum, H.R. 3175 
was ordered favorably reported to the House.
    Chairman Peterson then advised Members that pursuant to the 
rules of the House of Representatives that Members have 2 
calendar days to file such views with the Committee. No Members 
came forth with intent to file additional views.
    Without objection, staff was given permission to make any 
necessary clerical, technical or conforming changes to reflect 
the intent of the Committee.
    Chairman Peterson thanked all the Members and adjourned the 
meeting subject to the call of the chair.

                   REPORTING THE BILL--ROLLCALL VOTES

    In compliance with clause 3(b) of rule XIII of the House of 
Representatives, H.R. 3175 was reported by voice vote with a 
majority quorum present. There was no request for a recorded 
vote.

                      COMMITTEE OVERSIGHT FINDINGS

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee on Agriculture's 
oversight findings and recommendations are reflected in the 
body of this report.

           BUDGET ACT COMPLIANCE (SECTIONS 308, 402, AND 423)

    The provisions of clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives and section 308(a)(1) of the 
Congressional Budget Act of 1974 (relating to estimates of new 
budget authority, new spending authority, new credit authority, 
or increased or decreased revenues or tax expenditures) are not 
considered applicable. The estimate and comparison required to 
be prepared by the Director of the Congressional Budget Office 
under clause 3(c)(3) of rule XIII of the Rules of the House of 
Representatives and sections 402 and 423 of the Congressional 
Budget Act of 1974 submitted to the Committee prior to the 
filing of this report are as follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, August 7, 2009.
Hon. Collin C. Peterson,
Chairman, Committee on Agriculture,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3175, a bill to 
direct the Secretary of Agriculture to convey to Miami-Dade 
County certain federally owned land in Florida.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 3175--A bill to direct the Secretary of Agriculture to convey to 
        Miami-Dade County certain federally owned land in Florida

    H.R. 3175 would direct the U.S. Department of Agriculture 
(USDA) to sell a 2-acre portion of a horticultural research 
station in Florida to Miami-Dade County. Under the bill, the 
county would pay $50,000 to the USDA to cover administrative 
costs and also would be responsible for all transaction costs 
such as appraisals. Proceeds from the sale of the property 
would be available to the USDA's Agricultural Research Service 
without further appropriation to operate and maintain the 
research station.
    CBO estimates that implementing H.R. 3175 would have no net 
impact on the federal budget. The offsetting receipts earned 
from the sale--which we estimate would be less than $2 
million--would be offset by additional spending over the next 
few years. Moreover, because the property to be sold generates 
no receipts from commercial activities, selling it would not 
result in any loss of income to the federal government.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments. 
Enactment of this bill would benefit Miami-Date County; any 
costs to the county would be incurred voluntarily.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    PERFORMANCE GOALS AND OBJECTIVES

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goals and objections of this legislation are direct 
the Secretary of Agriculture to convey to Miami-Dade County 
certain federally owned land in Florida, and for other 
purposes.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the 
Constitutional authority for this legislation in Article I, 
clause 8, section 18, that grants Congress the power to make 
all laws necessary and proper for carrying out the powers 
vested by Congress in the Constitution of the United States or 
in any department or officer thereof.

                        COMMITTEE COST ESTIMATE

    Pursuant to clause 3(d)(2) of rule XIII of the Rules of the 
House of Representatives, the Committee report incorporates the 
cost estimate prepared by the Director of the Congressional 
Budget Office pursuant to sections 402 and 423 of the 
Congressional Budget Act of 1974.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committee within the meaning of section 5(b) of 
the Federal Advisory Committee Act was created by this 
legislation.

                APPLICABILITY TO THE LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

                       FEDERAL MANDATES STATEMENT

    The Committee adopted as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

  EARMARK STATEMENT REQUIRED BY CLAUSE 9 OF RULE XXI OF THE RULES OF 
                        HOUSE OF REPRESENTATIVES

    H.R. 3175 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e), or 9(f) of rule XXI of the rules of the 
House Representatives.

                                  
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