[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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