[United States Statutes at Large, Volume 117, 108th Congress, 1st Session] [From the U.S. Government Printing Office, www.gpo.gov] 117 STAT. 1919 Public Law 108-152 108th Congress An Act To authorize the Secretary of Agriculture [NOTE: Dec. 3, 2003 - [S. 117]] to sell or exchange certain land in the State of Florida, and for other purposes. 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 1920]] 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 1921]] 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 1922]] 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: --------------------------------------------------------------------------- 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.