[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
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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.