II

106TH CONGRESS

1ST SESSION S. 1088

To authorize the Secretary of Agriculture to convey certain administrative

sites in national forests in the State of Arizona, to convey certain land

to the City of Sedona, Arizona for a wastewater treatment facility,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 20, 1999

Mr. KYL introduced the following bill; which was read twice and referred to

the Committee on Energy and Natural Resources

A BILL

To authorize the Secretary of Agriculture to convey certain

administrative sites in national forests in the State of

Arizona, to convey certain land to the City of Sedona,

Arizona for a wastewater treatment facility, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Arizona National For5 est Improvement Act of 1999’’.

6 SEC. 2. DEFINITIONS.

7 In this Act:
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1 (1) CITY.—The term ‘‘City’’ means the city of

2 Sedona, Arizona.

3 (2) SECRETARY.—The term ‘‘Secretary’’ means

4 the Secretary of Agriculture.

5 SEC. 3. SALE OR EXCHANGE OF ADMINISTRATIVE SITES.

6 (a) IN GENERAL.—The Secretary may, under such

7 terms and conditions as the Secretary may prescribe, sell

8 or exchange any and all right, title, and interest of the

9 United States in and to the following National Forest Sys10 tem land and administrative sites:

11 (1) The Camp Verde Administrative Site, com12 prising approximately 213.60 acres, as depicted on

13 the map entitled ‘‘Camp Verde Administrative Site’’,

14 dated April 12, 1997.

15 (2) A portion of the Cave Creek Administrative

16 Site, comprising approximately 16 acres, as depicted

17 on the map entitled ‘‘Cave Creek Administrative

18 Site’’, dated May 1, 1997.

19 (3) The Fredonia Duplex Housing Site, com20 prising approximately 1.40 acres, and the Fredonia

21 Housing Site, comprising approximately 1.58 acres,

22 as depicted on the map entitled ‘‘Fredonia Duplex

23 Dwelling, Fredonia Ranger Dwelling’’, dated August

24 28, 1997.
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1 (4) The Groom Creek Administrative Site, com2 prising approximately 7.88 acres, as depicted on the

3 map entitled ‘‘Groom Creek Administrative Site’’,

4 dated April 29, 1997.

5 (5) The Payson Administrative Site, comprising

6 approximately 296.43 acres, as depicted on the map

7 entitled ‘‘Payson Administrative Site’’, dated May 1,

8 1997.

9 (6) The Sedona Administrative Site, comprising

10 approximately 21.41 acres, as depicted on the map

11 entitled ‘‘Sedona Administrative Site’’, dated April

12 12, 1997.

13 (b) CONSIDERATION.—Consideration for a sale or ex14 change of land under subsection (a) may include the ac15 quisition of land, existing improvements, and improve16 ments constructed to the specifications of the Secretary.

17 (c) APPLICABLE LAW.—Except as otherwise provided

18 in this section, any sale or exchange of land under sub19 section (a) shall be subject to the laws (including regula20 tions) applicable to the conveyance and acquisition of land

21 for the National Forest System.

22 (d) CASH EQUALIZATION.—Notwithstanding any

23 other provision of law, the Secretary may accept a cash

24 equalization payment in excess of 25 percent of the value
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1 of any land or administrative site exchanged under sub2 section (a).

3 (e) SOLICITATION OF OFFERS.—

4 (1) IN GENERAL.—The Secretary may solicit

5 offers for the sale or exchange of land under this

6 section on such terms and conditions as the Sec7 retary may prescribe.

8 (2) REJECTION OF OFFERS.—The Secretary

9 may reject any offer made under this section if the

10 Secretary determines that the offer is not adequate

11 or not in the public interest.

12 (f) REVOCATIONS.—Notwithstanding any other provi13 sion of law, on conveyance of land by the Secretary under

14 this section, any public order withdrawing the land from

15 any form of appropriation under the public land laws is

16 revoked.

17 SEC. 4. CONVEYANCE TO CITY OF SEDONA.

18 (a) IN GENERAL.—The Secretary may sell to the city

19 of Sedona, Arizona, by quitclaim deed in fee simple, all

20 right, title, and interest of the United States in and to

21 approximately 300 acres of land as depicted on the map

22 in the environmental assessment entitled ‘‘Sedona Efflu23 ent Management Plan’’, dated August 1998, for construc24 tion of an effluent disposal system in Yavapai County, Ari25 zona.
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1 (b) DESCRIPTION.—A legal description of the land

2 conveyed under subsection (a) shall be available for public

3 inspection in the office of the Chief of the Forest Service,

4 Washington, District of Columbia.

5 (c) CONSIDERATION.—

6 (1) FAIR MARKET VALUE.—As consideration for

7 the conveyance of land under subsection (a), the

8 City shall pay to the Secretary an amount equal to

9 the fair market value of the land as determined by

10 an appraisal acceptable to the Secretary and pre11 pared in accordance with the Uniform Appraisal

12 Standards for Federal Land Acquisitions.

13 (2) COST OF APPRAISAL.—The City shall pay

14 the cost of the appraisal of the land.

15 (3) PAYMENT.—Payment of the amount deter16 mined under paragraph (1) (including any interest

17 payable under paragraph (4)) shall be paid, at the

18 option of the City—

19 (A) in full not later than 180 days after

20 the date of the conveyance of the land; or

21 (B) in 7 equal annual installments com22 mencing not later than January 1 of the first

23 year following the date of the conveyance and

24 annually thereafter until the total amount has

25 been paid.
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1 (4) INTEREST RATE.—Any payment due for the

2 conveyance of land under this section shall accrue,

3 beginning on the date of the conveyance, interest at

4 a rate equal to the current (as of the date of the

5 conveyance) market yield on outstanding, market6 able obligations of the United States with maturities

7 of 1 year.

8 (d) RELEASE.—Subject to compliance with all Fed9 eral environmental laws by the Secretary before the date

10 of conveyance of land under this section, on conveyance

11 of the land, the City shall agree in writing to hold the

12 United States harmless from any and all claims to the

13 land, including all claims resulting from hazardous mate14 rials on the conveyed land.

15 (e) RIGHT OF REENTRY.—At any time before full

16 payment is made for the conveyance of land under this

17 section, the conveyance shall be subject to a right of re18 entry in the United States if the Secretary determines

19 that—

20 (1) the City has not complied with the require21 ments of this section or the conditions prescribed by

22 the Secretary in the deed of conveyance; or

23 (2) the conveyed land is not used for disposal

24 of treated effluent or other purposes related to the
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1 construction of an effluent disposal system in

2 Yavapai County, Arizona.

3 SEC. 5. DISPOSITION OF FUNDS.

4 (a) DEPOSIT OF PROCEEDS.—The Secretary shall de5 posit the proceeds of a sale or exchange under this Act

6 in the fund established under Public Law 90–171 (16

7 U.S.C. 484a) (commonly known as the ‘‘Sisk Act’’).

8 (b) USE OF PROCEEDS.—Funds deposited under sub9 section (a) shall be available to the Secretary, without fur10 ther Act of appropriation, for—

11 (1) the acquisition, construction, or improve12 ment of administrative facilities for the Coconino

13 National Forest, Kaibab National Forest, Prescott

14 National Forest, and Tonto National Forest; or

15 (2) the acquisition of land and or an interest in

16 land in the State of Arizona.

Æ