[Congressional Record Volume 145, Number 165 (Friday, November 19, 1999)]
[Senate]
[Pages S15189-S15190]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            ARIZONA NATIONAL FOREST IMPROVEMENT ACT OF 1999

  The Senate proceeded to condider the bill (S. 1088) 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.

                                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.
       (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.
                                  ____



                           AMENDMENT NO. 2803

(Purpose: To reduce the amount of consideration to be paid by the City 
       by the amount of special use permit fees paid by the City)

       On page 5, line 15, strike the period at the end and insert 
     ``, 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).
       On page 5, lines 18 and 19, strike ``the amount determined 
     under paragraph (1)'' and insert ``the consideration required 
     under paragraph (1)''.

  The amendment (No. 2803) was agreed to.
  The bill (S. 1088), as amended, was passed, 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.

[[Page S15190]]

       (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, 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--
       (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.

                          ____________________