PUBLIC LAW 106–458—NOV. 7, 2000 114 STAT. 1983

Public Law 106–458

106th Congress

An Act

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Arizona National Forest Improvement Act of 2000’’.

SEC. 2. DEFINITIONS.

In this Act:

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

Arizona.

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

of Agriculture.

SEC. 3. SALE OR EXCHANGE OF ADMINISTRATIVE SITES.

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

conditions as the Secretary may prescribe, sell or exchange any

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

the following National Forest System land and administrative sites: (1) The Camp Verde Administrative Site, comprising

approximately 213.60 acres, as depicted on the map entitled

‘‘Camp Verde Administrative Site’’, dated April 12, 1997.

(2) A portion of the Cave Creek Administrative Site, comprising approximately 16 acres, as depicted on the map entitled

‘‘Cave Creek Administrative Site’’, dated May 1, 1997.

(3) The Fredonia Duplex Housing Site, comprising approximately 1.40 acres, and the Fredonia Housing Site, comprising

approximately 1.58 acres, as depicted on the map entitled ‘‘Fredonia Duplex Dwelling, Fredonia Ranger Dwelling’’, dated

August 28, 1997.

(4) The Groom Creek Administrative Site, comprising

approximately 7.88 acres, as depicted on the map entitled

‘‘Groom Creek Administrative Site’’, dated April 29, 1997.

(5) The Payson Administrative Site, comprising approximately 296.43 acres, as depicted on the map entitled ‘‘Payson

Administrative Site’’, dated May 1, 1997.

(6) The Sedona Administrative Site, comprising approximately 21.41 acres, as depicted on the map entitled ‘‘Sedona

Administrative Site’’, dated April 12, 1997.

(b) CONSIDERATION.—Consideration for a sale or exchange of land under subsection (a) may include the acquisition of land,

Arizona National

Forest

Improvement Act

of 2000.

Nov. 7, 2000

[S. 1088]

114 STAT. 1984 PUBLIC LAW 106–458—NOV. 7, 2000

existing improvements, and improvements constructed to the specifications of the Secretary.

(c) APPLICABLE LAW.—Except as otherwise provided in this

section, any sale or exchange of land under subsection (a) shall

be subject to the laws (including regulations) applicable to the

conveyance and acquisition of land for the National Forest System.

(d) CASH EQUALIZATION.—Notwithstanding any other provision

of law, the Secretary may accept a cash equalization payment

in excess of 25 percent of the value of any land or administrative

site exchanged under subsection (a).

(e) SOLICITATION OF OFFERS.—

(1) IN GENERAL.—The Secretary may solicit offers for the

sale or exchange of land under this section on such terms

and conditions as the Secretary may prescribe.

(2) REJECTION OF OFFERS.—The Secretary may reject any

offer made under this section if the Secretary determines that

the offer is not adequate or not in the public interest.

(f) REVOCATIONS.—Notwithstanding any other provision of law,

on conveyance of land by the Secretary under this section, any

public order withdrawing the land from any form of appropriation

under the public land laws is revoked.

SEC. 4. CONVEYANCE TO CITY OF SEDONA.

(a) IN GENERAL.—The Secretary may sell to the city of Sedona,

Arizona, by quitclaim deed in fee simple, all right, title, and interest

of the United States in and to approximately 300 acres of land

as depicted on the map in the environmental assessment entitled

‘‘Sedona Effluent Management Plan’’, dated August 1998, for

construction of an effluent disposal system in Yavapai County,

Arizona.

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

under subsection (a) shall be available for public inspection in

the office of the Chief of the Forest Service, Washington, District

of Columbia.

(c) CONSIDERATION.—

(1) FAIR MARKET VALUE.—As consideration for the conveyance of land under subsection (a), the City shall pay to the

Secretary an amount equal to the fair market value of the

land as determined by an appraisal acceptable to the Secretary

and prepared in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions, reduced by the total amount

of special use permit fees for wastewater treatment facilities

paid by the City to the Forest Service during the period beginning on January 1, 1999, and ending on the earlier of—

(A) the date that is 270 days after the date of enactment of this Act; or

(B) the date on which the full payment is made by

the City under paragraph (3)(A) or the date on which

first installment payment is made under paragraph (3)(B),

depending on the election made by the City under paragraph (3).

(2) COST OF APPRAISAL.—The City shall pay the cost of

the appraisal of the land.

(3) PAYMENT.—Payment of the consideration required

under paragraph (1) (including any interest payable under paragraph (4)) shall be paid, at the option of the City—

PUBLIC LAW 106–458—NOV. 7, 2000 114 STAT. 1985

(A) in full not later than 180 days after the date

of the conveyance of the land; or (B) in 7 equal annual installments commencing not

later than January 1 of the first year following the date

of the conveyance and annually thereafter until the total

amount has been paid.

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

of land under this section shall accrue, beginning on the date

of the conveyance, interest at a rate equal to the current

(as of the date of the conveyance) market yield on outstanding,

marketable obligations of the United States with maturities

of 1 year.

(d) RELEASE.—Subject to compliance with all Federal environmental laws by the Secretary before the date of conveyance of

land under this section, on conveyance of the land, the City shall

agree in writing to hold the United States harmless from any

and all claims to the land, including all claims resulting from

hazardous materials on the conveyed land. (e) RIGHT OF REENTRY.—At any time before full payment is

made for the conveyance of land under this section, the conveyance

shall be subject to a right of reentry in the United States if the

Secretary determines that—

(1) the City has not complied with the requirements of

this section or the conditions prescribed by the Secretary in

the deed of conveyance; or

(2) the conveyed land is not used for disposal of treated

effluent or other purposes related to the construction of an

effluent disposal system in Yavapai County, Arizona.

SEC. 5. DISPOSITION OF FUNDS.

(a) DEPOSIT OF PROCEEDS.—The Secretary shall deposit the

proceeds of a sale or exchange under this Act in the fund established

under Public Law 90–171 (16 U.S.C. 484a) (commonly known as

the ‘‘Sisk Act’’).

(b) USE OF PROCEEDS.—Funds deposited under subsection (a)

shall be available to the Secretary, without further Act of appropriation, for—

Deadline.

114 STAT. 1986 PUBLIC LAW 106–458—NOV. 7, 2000

LEGISLATIVE HISTORY—S. 1088:

SENATE REPORTS: No. 106–115 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD:

Vol. 145 (1999): Nov. 19, considered and passed Senate.

Vol. 146 (2000): Oct. 23, considered and passed House.

Æ

(1) the acquisition, construction, or improvement of

administrative facilities for the Coconino National Forest,

Kaibab National Forest, Prescott National Forest, and Tonto

National Forest; or

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

the State of Arizona.

Approved November 7, 2000.