[108th Congress Public Law 152]
[From the U.S. Government Printing Office]


[DOCID: f:publ152.108]

[[Page 117 STAT. 1919]]

Public Law 108-152
108th Congress

                                 An Act


 
 To authorize the Secretary of Agriculture  to sell or exchange certain 
land in the State of Florida, and for other purposes. 
<<NOTE: Dec. 3, 2003 -  [S. 117]>> 

    Be it enacted by the Senate and House of <<NOTE: Florida National 
Forest Land Management Act of 2003.>> 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\;

[[Page 117 STAT. 1920]]

            (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

[[Page 117 STAT. 1921]]

                    (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.).

[[Page 117 STAT. 1922]]

    (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).

    Approved December 3, 2003.

LEGISLATIVE HISTORY--S. 117:
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SENATE REPORTS: No. 108-5 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 149 (2003):
            Mar. 4, considered and passed Senate.
            Nov. 19, considered and passed House.

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