II

Calendar No. 223

106TH CONGRESS

1ST SESSION S. 1088

[Report No. 106–115]

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 (for himself and Mr. MCCAIN) introduced the following bill; which

was read twice and referred to the Committee on Energy and Natural

Resources

JULY 21, 1999

Reported by Mr. MURKOWSKI, without amendment

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,
2

S 1088 RS

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Arizona National For3 est Improvement Act of 1999’’.

4 SEC. 2. DEFINITIONS.

5 In this Act:

6 (1) CITY.—The term ‘‘City’’ means the city of

7 Sedona, Arizona.

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

9 the Secretary of Agriculture.

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

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

12 terms and conditions as the Secretary may prescribe, sell

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

14 United States in and to the following National Forest Sys15 tem land and administrative sites:

16 (1) The Camp Verde Administrative Site, com17 prising approximately 213.60 acres, as depicted on

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

19 dated April 12, 1997.

20 (2) A portion of the Cave Creek Administrative

21 Site, comprising approximately 16 acres, as depicted

22 on the map entitled ‘‘Cave Creek Administrative

23 Site’’, dated May 1, 1997.

24 (3) The Fredonia Duplex Housing Site, com25 prising approximately 1.40 acres, and the Fredonia

26 Housing Site, comprising approximately 1.58 acres,
3

S 1088 RS

1 as depicted on the map entitled ‘‘Fredonia Duplex

2 Dwelling, Fredonia Ranger Dwelling’’, dated August

3 28, 1997.

4 (4) The Groom Creek Administrative Site, com5 prising approximately 7.88 acres, as depicted on the

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

7 dated April 29, 1997.

8 (5) The Payson Administrative Site, comprising

9 approximately 296.43 acres, as depicted on the map

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

11 1997.

12 (6) The Sedona Administrative Site, comprising

13 approximately 21.41 acres, as depicted on the map

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

15 12, 1997.

16 (b) CONSIDERATION.—Consideration for a sale or ex17 change of land under subsection (a) may include the ac18 quisition of land, existing improvements, and improve19 ments constructed to the specifications of the Secretary.

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

21 in this section, any sale or exchange of land under sub22 section (a) shall be subject to the laws (including regula23 tions) applicable to the conveyance and acquisition of land

24 for the National Forest System.
4

S 1088 RS

1 (d) CASH EQUALIZATION.—Notwithstanding any

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

3 equalization payment in excess of 25 percent of the value

4 of any land or administrative site exchanged under sub5 section (a).

6 (e) SOLICITATION OF OFFERS.—

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

8 offers for the sale or exchange of land under this

9 section on such terms and conditions as the Sec10 retary may prescribe.

11 (2) REJECTION OF OFFERS.—The Secretary

12 may reject any offer made under this section if the

13 Secretary determines that the offer is not adequate

14 or not in the public interest.

15 (f) REVOCATIONS.—Notwithstanding any other provi16 sion of law, on conveyance of land by the Secretary under

17 this section, any public order withdrawing the land from

18 any form of appropriation under the public land laws is

19 revoked.

20 SEC. 4. CONVEYANCE TO CITY OF SEDONA.

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

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

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

24 approximately 300 acres of land as depicted on the map

25 in the environmental assessment entitled ‘‘Sedona Efflu-
5

S 1088 RS

1 ent Management Plan’’, dated August 1998, for construc2 tion of an effluent disposal system in Yavapai County, Ari3 zona.

4 (b) DESCRIPTION.—A legal description of the land

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

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

7 Washington, District of Columbia.

8 (c) CONSIDERATION.—

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

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

11 City shall pay to the Secretary an amount equal to

12 the fair market value of the land as determined by

13 an appraisal acceptable to the Secretary and pre14 pared in accordance with the Uniform Appraisal

15 Standards for Federal Land Acquisitions.

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

17 the cost of the appraisal of the land.

18 (3) PAYMENT.—Payment of the amount deter19 mined under paragraph (1) (including any interest

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

21 option of the City—

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

23 the date of the conveyance of the land; or

24 (B) in 7 equal annual installments com25 mencing not later than January 1 of the first
6

S 1088 RS

1 year following the date of the conveyance and

2 annually thereafter until the total amount has

3 been paid.

4 (4) INTEREST RATE.—Any payment due for the

5 conveyance of land under this section shall accrue,

6 beginning on the date of the conveyance, interest at

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

8 conveyance) market yield on outstanding, market9 able obligations of the United States with maturities

10 of 1 year.

11 (d) RELEASE.—Subject to compliance with all Fed12 eral environmental laws by the Secretary before the date

13 of conveyance of land under this section, on conveyance

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

15 United States harmless from any and all claims to the

16 land, including all claims resulting from hazardous mate17 rials on the conveyed land.

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

19 payment is made for the conveyance of land under this

20 section, the conveyance shall be subject to a right of re21 entry in the United States if the Secretary determines

22 that—

23 (1) the City has not complied with the require24 ments of this section or the conditions prescribed by

25 the Secretary in the deed of conveyance; or
7

S 1088 RS

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

2 of treated effluent or other purposes related to the

3 construction of an effluent disposal system in

4 Yavapai County, Arizona.

5 SEC. 5. DISPOSITION OF FUNDS.

6 (a) DEPOSIT OF PROCEEDS.—The Secretary shall de7 posit the proceeds of a sale or exchange under this Act

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

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

10 (b) USE OF PROCEEDS.—Funds deposited under sub11 section (a) shall be available to the Secretary, without fur12 ther Act of appropriation, for—

13 (1) the acquisition, construction, or improve14 ment of administrative facilities for the Coconino

15 National Forest, Kaibab National Forest, Prescott

16 National Forest, and Tonto National Forest; or

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

18 land in the State of Arizona.
Calendar No. 223

106TH CONGRESS

1ST SESSION S. 1088

[Report No. 106–115]

A BILL

To authorize the Secretary of Agriculture to convey

treatment facility, and for other purposes.the City of Sedona, Arizona for a wastewaterthe State of Arizona, to convey certain land tocertain administrative sites in national forests in

JULY 21, 1999

Reported without amendment