IIB 

108TH CONGRESS 

1ST SESSION H. R. 622

IN THE SENATE OF THE UNITED STATES 

APRIL 2, 2003

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

AN ACT

To provide for the exchange of certain lands in the Coconino 

and Tonto National Forests in Arizona, and for other 

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. FINDINGS; PURPOSE. 

2 (a) FINDINGS.—Congress finds the following: 

3 (1) Certain private lands adjacent to the Mon4 tezuma Castle National Monument in Yavapai Coun5 ty, Arizona, are desirable for Federal acquisition to 

6 protect important riparian values along Beaver 

7 Creek and the scenic backdrop for the National 

8 Monument. 

9 (2) Certain other inholdings in the Coconino 

10 National Forest are desirable for Federal acquisition 

11 to protect important public values near Double 

12 Cabin Park. 

13 (3) Approximately 108 acres of land within the 

14 Tonto National Forest, northeast of Payson, Ari15 zona, are currently occupied by 45 residential cabins 

16 under special use permits from the Secretary of Ag17 riculture, and have been so occupied since the mid18 1950s, rendering such lands of limited use and en19 joyment potential for the general public. Such lands 

20 are, therefore, appropriate for transfer to the cabin 

21 owners in exchange for lands that will have higher 

22 public use values. 

23 (4) In return for the privatization of such en24 cumbered lands the Secretary of Agriculture has 

25 been offered approximately 495 acres of non-Federal 

26 land (known as the Q Ranch) within the Tonto Na-
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1 tional Forest, east of Young, Arizona, in an area 

2 where the Secretary has completed previous land ex3 changes to consolidate public ownership of National 

4 Forest lands. 

5 (5) The acquisition of the Q Ranch non-Federal 

6 lands by the Secretary will greatly increase National 

7 Forest management efficiency and promote public 

8 access, use, and enjoyment of the area and sur9 rounding National Forest System lands. 

10 (b) PURPOSE.—The purpose of this Act is to author11 ize, direct, facilitate, and expedite the consummation of 

12 the land exchanges set forth herein in accordance with the 

13 terms and conditions of this Act. 

14 SEC. 2. DEFINITIONS. 

15 As used in this Act: 

16 (1) DPSHA.—The term ‘‘DPSHA’’ means the 

17 Diamond Point Summer Homes Association, a non18 profit corporation in the State of Arizona. 

19 (2) FEDERAL LAND.—The term ‘‘Federal land’’ 

20 means land to be conveyed into non-Federal owner21 ship under this Act. 

22 (3) FLPMA.—The term ‘‘FLPMA’’ means the 

23 Federal Land Policy Management Act of 1976. 
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1 (4) MCJV.—The term ‘‘MCJV’’ means the 

2 Montezuma Castle Land Exchange Joint Venture 

3 Partnership, an Arizona Partnership. 

4 (5) NON-FEDERAL LAND.—The term ‘‘non-Fed5 eral land’’ means land to be conveyed to the Sec6 retary of Agriculture under this Act. 

7 (6) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Agriculture, unless otherwise speci9 fied. 

10 SEC. 3. MONTEZUMA CASTLE LAND EXCHANGE. 

11 (a) LAND EXCHANGE.—Upon receipt of a binding 

12 offer from MCJV to convey title acceptable to the Sec13 retary to the land described in subsection (b), the Sec14 retary shall convey to MCJV all right, title, and interest 

15 of the United States in and to the Federal land described 

16 in subsection (c). 

17 (b) NON-FEDERAL.—The land described in this sub18 section is the following: 

19 (1) The approximately 157 acres of land adja20 cent to the Montezuma Castle National Monument, 

21 as generally depicted on the map entitled ‘‘Monte22 zuma Castle Contiguous Lands’’, dated May 2002. 

23 (2) Certain private land within the Coconino 

24 National Forest, Arizona, comprising approximately 

25 108 acres, as generally depicted on the map entitled 
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1 ‘‘Double Cabin Park Lands’’, dated September 

2 2002. 

3 (c) FEDERAL LAND.—The Federal land described in 

4 this subsection is the approximately 222 acres in the 

5 Tonto National Forest, Arizona, and surveyed as Lots 3, 

6 4, 8, 9, 10, 11, 16, 17, and Tract 40 in section 32, Town7 ship 11 North, Range 10 East, Gila and Salt River Merid8 ian, Arizona. 

9 (d) EQUAL VALUE EXCHANGE.—The values of the 

10 non-Federal and Federal land directed to be exchanged 

11 under this section shall be equal or equalized as deter12 mined by the Secretary through an appraisal performed 

13 by a qualified appraiser mutually agreed to by the Sec14 retary and MCJV and performed in conformance with the 

15 Uniform Appraisal Standards for Federal Land Acquisi16 tions (U.S. Department of Justice, December 2000), and 

17 section 206(d) of the FLPMA (43 U.S.C. 1716(d)). If the 

18 values are not equal, the Secretary shall delete Federal 

19 lots from the conveyance to MCJV in the following order 

20 and priority, as necessary, until the values of Federal and 

21 non–Federal land are within the 25 percent cash equali22 zation limit of 206(b) of FLPMA: 

23 (1) Lot 3. 

24 (2) Lot 4. 

25 (3) Lot 9. 
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1 (4) Lot 10. 

2 (5) Lot 11. 

3 (6) Lot 8. 

4 (e) CASH EQUALIZATION.—Any difference in value 

5 remaining after compliance with subsection (d) shall be 

6 equalized by the payment of cash to the Secretary or 

7 MCJV, as the circumstances dictate, in accordance with 

8 section 206(b) of FLPMA (43 U.S.C. 1716(b)). Public 

9 Law 90–171 (16 U.S.C. 484a; commonly known as the 

10 ‘‘Sisk Act’’) shall, without further appropriation, apply to 

11 any cash equalization payment received by the United 

12 States under this section. 

13 SEC. 4. DIAMOND POINT—Q RANCH LAND EXCHANGE. 

14 (a) IN GENERAL.—Upon receipt of a binding offer 

15 from DPSHA to convey title acceptable to the Secretary 

16 to the land described in subsection (b), the Secretary shall 

17 convey to DPSHA all right, title, and interest of the 

18 United States in and to the land described in subsection 

19 (c). 

20 (b) NON-FEDERAL LAND.—The land described in 

21 this subsection is the approximately 495 acres of non-Fed22 eral land generally depicted on the map entitled ‘‘Diamond 

23 Point Exchange—Q Ranch Non–Federal Lands’’, dated 

24 May 2002. 
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1 (c) FEDERAL LAND.—The Federal land described in 

2 this subsection is the approximately 108 acres northeast 

3 of Payson, Arizona, as generally depicted on a map enti4 tled ‘‘Diamond Point Exchange—Federal Land’’, dated 

5 May 2002. 

6 (d) EQUAL VALUE EXCHANGE.—The values of the 

7 non-Federal and Federal land directed to be exchanged 

8 under this section shall be equal or equalized as deter9 mined by the Secretary through an appraisal performed 

10 by a qualified appraiser mutually agreed to by the Sec11 retary and DPSHA and in conformance with the Uniform 

12 Appraisal Standards for Federal Land Acquisitions (U.S. 

13 Department of Justice, December 2000), and section 

14 206(d) of FLPMA (43 U.S.C. 1716(d)). If the values are 

15 not equal, they shall be equalized by the payment of cash 

16 to the Secretary or DPSHA pursuant to section 206(b) 

17 of FLPMA (43 U.S.C. 1716(b)). Public Law 90–171 (16 

18 U.S.C. 484a; commonly known as the ‘‘Sisk Act’’) shall, 

19 without further appropriation, apply to any cash equali20 zation payment received by the United States under this 

21 section. 

22 (e) SPECIAL USE PERMIT TERMINATION.—Upon 

23 execution of the land exchange authorized by this section, 

24 all special use cabin permits on the Federal land shall be 

25 terminated. 
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1 SEC. 5. MISCELLANEOUS PROVISIONS. 

2 (a) EXCHANGE TIMETABLE.—Not later than 6 

3 months after the Secretary receives an offer under section 

4 3 or 4, the Secretary shall execute the exchange under 

5 section 3 or 4, respectively, unless the Secretary and 

6 MCJV or DPSHA, respectively, mutually agree to extend 

7 such deadline. 

8 (b) EXCHANGE PROCESSING.—Prior to executing the 

9 land exchanges authorized by this Act, the Secretary shall 

10 perform any necessary land surveys and required 

11 preexchange clearances, reviews, and approvals relating to 

12 threatened and endangered species, cultural and historic 

13 resources, wetlands and floodplains and hazardous mate14 rials. If 1 or more of the Federal land parcels or lots, or 

15 portions thereof, cannot be transferred to MCJV or 

16 DPSHA due to hazardous materials, threatened or endan17 gered species, cultural or historic resources, or wetland 

18 and flood plain problems, the parcel or lot, or portion 

19 thereof, shall be deleted from the exchange, and the values 

20 of the lands to be exchanged adjusted in accordance with 

21 subsections (d) and (e) of section 3 or section 4(d), as 

22 appropriate. In order to save administrative costs to the 

23 United States, the costs of performing such work, includ24 ing the appraisals required pursuant to this Act, shall be 

25 paid by MCJV or DPSHA for the relevant property, ex26 cept for the costs of any such work (including appraisal 
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1 reviews and approvals) that the Secretary is required or 

2 elects to have performed by employees of the Department 

3 of Agriculture. 

4 (c) FEDERAL LAND RESERVATIONS AND ENCUM5 BRANCES.—The Secretary shall convey the Federal land 

6 under this Act subject to valid existing rights, including 

7 easements, rights-of-way, utility lines and any other valid 

8 encumbrances on the Federal land as of the date of the 

9 conveyance under this Act. If applicable to the land con10 veyed, the Secretary shall also retain any right of access 

11 as may be required by section 120(h) of the Comprehen12 sive Environmental Response, Compensation and Liability 

13 Act of 1980 (42 U.S.C. 9620(h)) for remedial or corrective 

14 action relating to hazardous substances as may be nec15 essary in the future. 

16 (d) ADMINISTRATION OF ACQUIRED LAND.—The 

17 land acquired by the Secretary pursuant to this Act shall 

18 become part of the Tonto or Coconino National Forest, 

19 as appropriate, and be administered as such in accordance 

20 with the laws, rules, and regulations generally applicable 

21 to the National Forest System. Such land may be made 

22 available for domestic livestock grazing if determined ap23 propriate by the Secretary in accordance with the laws, 

24 rules, and regulations applicable thereto on National For25 est System land. 
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1 (e) TRANSFER OF LAND TO PARK SERVICE.—Upon 

2 their acquisition by the United States, the ‘‘Montezuma 

3 Castle Contiguous Lands’’ identified in section 3(d)(1) 

4 shall be transferred to the administrative jurisdiction of 

5 the National Park Service, and shall thereafter be perma6 nently incorporated in, and administered by the Secretary 

7 of the Interior as part of, the Montezuma Castle National 

8 Monument.

Passed the House of Representatives April 1, 2003. 

Attest: JEFF TRANDAHL, 

Clerk.