[Congressional Record Volume 145, Number 74 (Thursday, May 20, 1999)]
[Senate]
[Pages S5739-S5740]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KYL:
  S. 1088. 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; to the Committee 
on Energy and Natural Resources.


          the arizona national forest improvement act of 1999

  Mr. KYL. Mr. President, the U.S. Forest Service is interested in 
exchanging or selling six unmanageable, undesirable and/or excess 
parcels of land in the Prescott, Tonto, Kaibab and Coconino National 
Forests. In addition, the Forest Service has agreed to sell land to the 
City of Sedona for use as an effluent disposal system. If the parcels 
are sold, the Forest Service wants to use the proceeds from five of 
these sales to either fund new construction or upgrade current 
administrative facilities at these national forests. Funds generated 
from the sale of the other parcels could be used to fund acquisition of 
sites, or construction of administrative facilities at any national 
forest in Arizona. Transfers of land completed under this bill will be 
done in accordance with all other applicable laws, including 
environmental laws.
  Mr. President, this bill will enhance customer and administrative 
services by allowing the Forest Service to consolidate and update 
facilities and/or relocate facilities to more convenient locations. It 
offers a simple and common-sense way to enhance services for national 
forest users in Arizona, and to facilitate the disposal of 
unmanageable, undesirable and/or excess parcels of national forest 
lands. This bill will also facilitate the construction of a much needed 
wastewater treatment plant for the City of Sedona.
  Mr. President, I ask unanimous consent that the bill be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1088

       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 1999''.

     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.

[[Page S5740]]

       (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, 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.
       (2) Cost of appraisal.--The City shall pay the cost of the 
     appraisal of the land.
       (3) Payment.--Payment of the amount determined under 
     paragraph (1) (including any interest payable under paragraph 
     (4)) shall be paid, at the option of the City--
       (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--
       (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.
                                 ______