Text: S.1088 — 106th Congress (1999-2000)All Information (Except Text)
Public Law No: 106-458 (11/07/2000)
[106th Congress Public Law 458]
[From the U.S. Government Printing Office]
[[Page 114 STAT. 1983]]
Public Law 106-458
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. <<NOTE: Nov. 7, 2000 - [S.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Arizona National
Forest Improvement Act of 2000.>>
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,
(2) Secretary.--The term ``Secretary'' means the Secretary
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,
[[Page 114 STAT. 1984]]
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
(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.
(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
(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--
[[Page 114 STAT. 1985]]
(A) <<NOTE: Deadline.>> 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
(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
(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
(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--
[[Page 114 STAT. 1986]]
(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.
LEGISLATIVE HISTORY--S. 1088:
SENATE REPORTS: No. 106-115 (Comm. on Energy and Natural Resources).
Vol. 145 (1999):
Nov. 19, considered and passed
Vol. 146 (2000):
Oct. 23, considered and passed