Text: S.1088 — 106th Congress (1999-2000)All Information (Except Text)

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Public Law No: 106-458 (11/07/2000)

 
[106th Congress Public Law 458]
[From the U.S. Government Printing Office]


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[DOCID: f:publ458.106]


[[Page 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. <<NOTE: Nov. 7, 2000 -  [S. 
                                1088]>> 

    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, 
        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,

[[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 
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--

[[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 
        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--

[[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:
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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.

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