[Congressional Record Volume 146, Number 133 (Monday, October 23, 2000)]
[House]
[Pages H10495-H10496]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ARIZONA NATIONAL FOREST IMPROVEMENT ACT OF 1999
Mr. YOUNG of Alaska. Mr. Speaker, I move to suspend the rules and
pass the Senate 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.
The Clerk read 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.
(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
[[Page H10496]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Alaska (Mr. Young) and the gentleman from California (Mr. George
Miller) each will control 20 minutes.
The Chair recognizes the gentleman from Alaska (Mr. Young).
Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, S. 1088 was introduced by Senator Jon Kyl. It would
allow the Forest Service to consolidate and relocate the administrative
facilities in the State of Arizona. It would also allow the Forest
Service to convey land at fair market value to the City of Sedona for a
much-needed wastewater treatment plant.
Back in May of 1999, the gentleman from Arizona (Mr. Stump), our
esteemed colleague, introduced H.R. 1969 which is the House companion
to S. 1088. He worked diligently to see his legislation favorably
passed through the subcommittee. However, because we have so few
legislative days remaining and the Senate version is ready, in the
interest of time, we are here today to consider S. 1088.
Let me close by saying, although this was a House bill originally, I
support S. 1088.
Mr. Speaker, I yield back the balance of my time.
Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such
time as I may consume.
Mr. Speaker, the gentleman from Alaska (Mr. Young) properly explained
the legislation, S. 1088; and we have no objections to the bill.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Alaska (Mr. Young) that the House suspend the rules and
pass the Senate bill, S. 1088.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill was passed.
A motion to reconsider was laid on the table.
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