I 

108TH CONGRESS 

1ST SESSION H. R. 622

To provide for the exchange of certain lands in the Coconino and Tonto 

National Forests in Arizona, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 5, 2003

Mr. RENZI (for himself and Mr. HAYWORTH) introduced the following bill; 

which was referred to the Committee on Resources 

A BILL

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,

3 SECTION 1. FINDINGS; PURPOSE. 

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

5 (1) Certain private lands adjacent to the Mon6 tezuma Castle National Monument in Yavapai Coun7 ty, Arizona, are desirable for Federal acquisition to 

8 protect important riparian values along Beaver 

9 Creek and the scenic backdrop for the National 

10 Monument. 
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1 (2) Certain other inholdings in the Coconino 

2 National Forest are desirable for Federal acquisition 

3 to protect important public values near Double 

4 Cabin Park. 

5 (3) Approximately 108 acres of land within the 

6 Tonto National Forest, northeast of Payson, Ari7 zona, are currently occupied by 45 residential cabins 

8 under special use permits from the Secretary of Ag9 riculture, and have been so occupied since the mid10 1950s, rendering such lands of limited use and en11 joyment potential for the general public. Such lands 

12 are, therefore, appropriate for transfer to the cabin 

13 owners in exchange for lands that will have higher 

14 public use values. 

15 (4) In return for the privatization of such en16 cumbered lands the Secretary of Agriculture has 

17 been offered approximately 495 acres of non-Federal 

18 land (known as the Q Ranch) within the Tonto Na19 tional Forest, east of Young, Arizona, in an area 

20 where the Secretary has completed previous land ex21 changes to consolidate public ownership of National 

22 Forest lands. 

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

24 lands by the Secretary will greatly increase National 

25 Forest management efficiency and promote public 
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1 access, use, and enjoyment of the area and sur2 rounding National Forest System lands. 

3 (b) PURPOSE.—The purpose of this Act is to author4 ize, direct, facilitate, and expedite the consummation of 

5 the land exchanges set forth herein in accordance with the 

6 terms and conditions of this Act. 

7 SEC. 2. DEFINITIONS. 

8 As used in this Act: 

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

10 Diamond Point Summer Homes Association, a non11 profit corporation in the State of Arizona. 

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

13 means land to be conveyed into non-Federal owner14 ship under this Act. 

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

16 Federal Land Policy Management Act of 1976. 

17 (4) MCJV.—The term ‘‘MCJV’’ means the 

18 Montezuma Castle Land Exchange Joint Venture 

19 Partnership, an Arizona Partnership. 

20 (5) NON-FEDERAL LAND.—The term ‘‘non-Fed21 eral land’’ means land to be conveyed to the Sec22 retary of Agriculture under this Act. 

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

24 the Secretary of Agriculture, unless otherwise speci25 fied. 
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1 SEC. 3. MONTEZUMA CASTLE LAND EXCHANGE. 

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

3 offer from MCJV to convey title acceptable to the Sec4 retary to the land described in subsection (b), the Sec5 retary shall convey to MCJV all right, title, and interest 

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

7 in subsection (c). 

8 (b) NON-FEDERAL.—The land described in this sub9 section is the following: 

10 (1) The approximately 157 acres of land adja11 cent to the Montezuma Castle National Monument, 

12 as generally depicted on the map entitled ‘‘Monte13 zuma Castle Contiguous Lands’’, dated May 2002. 

14 (2) Certain private land within the Coconino 

15 National Forest, Arizona, comprising approximately 

16 108 acres, as generally depicted on the map entitled 

17 ‘‘Double Cabin Park Lands’’, dated September 

18 2002. 

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

20 this subsection is the approximately 222 acres in the 

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

22 4, 8, 9, 10, 11, 16, 17, and Tract 40 in section 32, Town23 ship 11 North, Range 10 East, Gila and Salt River Merid24 ian, Arizona. 

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

26 non-Federal and Federal land directed to be exchanged 
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1 under this section shall be equal or equalized as deter2 mined by the Secretary through an appraisal performed 

3 by a qualified appraiser mutually agreed to by the Sec4 retary and MCJV and performed in conformance with the 

5 Uniform Appraisal Standards for Federal Land Acquisi6 tions (U.S. Department of Justice, December 2000), and 

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

8 values are not equal, the Secretary shall delete Federal 

9 lots from the conveyance to MCJV in the following order 

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

11 non–Federal land are within the 25 percent cash equali12 zation limit of 206(b) of FLPMA: 

13 (1) Lot 3. 

14 (2) Lot 4. 

15 (3) Lot 9. 

16 (4) Lot 10. 

17 (5) Lot 11. 

18 (6) Lot 8. 

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

20 remaining after compliance with subsection (d) shall be 

21 equalized by the payment of cash to the Secretary or 

22 MCJV, as the circumstances dictate, in accordance with 

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

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

25 ‘‘Sisk Act’’) shall, without further appropriation, apply to 
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1 any cash equalization payment received by the United 

2 States under this section. 

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

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

5 from DPSHA to convey title acceptable to the Secretary 

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

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

8 United States in and to the land described in subsection 

9 (c). 

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

11 this subsection is the approximately 495 acres of non-Fed12 eral land generally depicted on the map entitled ‘‘Diamond 

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

14 May 2002. 

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

16 this subsection is the approximately 108 acres northeast 

17 of Payson, Arizona, as generally depicted on a map enti18 tled ‘‘Diamond Point Exchange—Federal Land’’, dated 

19 May 2002. 

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

21 non-Federal and Federal land directed to be exchanged 

22 under this section shall be equal or equalized as deter23 mined by the Secretary through an appraisal performed 

24 by a qualified appraiser mutually agreed to by the Sec25 retary and DPSHA and in conformance with the Uniform 
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1 Appraisal Standards for Federal Land Acquisitions (U.S. 

2 Department of Justice, December 2000), and section 

3 206(d) of FLPMA (43 U.S.C. 1716(d)). If the values are 

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

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

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

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

8 without further appropriation, apply to any cash equali9 zation payment received by the United States under this 

10 section. 

11 (e) SPECIAL USE PERMIT TERMINATION.—Upon 

12 execution of the land exchange authorized by this section, 

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

14 terminated. 

15 SEC. 5. MISCELLANEOUS PROVISIONS. 

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

17 months after the Secretary receives an offer under section 

18 3 or 4, the Secretary shall execute the exchange under 

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

20 MCJV or DPSHA, respectively, mutually agree to extend 

21 such deadline. 

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

23 land exchanges authorized by this Act, the Secretary shall 

24 perform any necessary land surveys and required 

25 preexchange clearances, reviews, and approvals relating to 
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1 threatened and endangered species, cultural and historic 

2 resources, wetlands and floodplains and hazardous mate3 rials. If 1 or more of the Federal land parcels or lots, or 

4 portions thereof, cannot be transferred to MCJV or 

5 DPSHA due to hazardous materials, threatened or endan6 gered species, cultural or historic resources, or wetland 

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

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

9 of the lands to be exchanged adjusted in accordance with 

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

11 appropriate. In order to save administrative costs to the 

12 United States, the costs of performing such work, includ13 ing the appraisals required pursuant to this Act, shall be 

14 paid by MCJV or DPSHA for the relevant property, ex15 cept for the costs of any such work (including appraisal 

16 reviews and approvals) that the Secretary is required or 

17 elects to have performed by employees of the Department 

18 of Agriculture. 

19 (c) FEDERAL LAND RESERVATIONS AND ENCUM20 BRANCES.—The Secretary shall convey the Federal land 

21 under this Act subject to valid existing rights, including 

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

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

24 conveyance under this Act. If applicable to the land con25 veyed, the Secretary shall also retain any right of access 
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1 as may be required by section 120(h) of the Comprehen2 sive Environmental Response, Compensation and Liability 

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

4 action relating to hazardous substances as may be nec5 essary in the future. 

6 (d) ADMINISTRATION OF ACQUIRED LAND.—The 

7 land acquired by the Secretary pursuant to this Act shall 

8 become part of the Tonto or Coconino National Forest, 

9 as appropriate, and be administered as such in accordance 

10 with the laws, rules, and regulations generally applicable 

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

12 available for domestic livestock grazing if determined ap13 propriate by the Secretary in accordance with the laws, 

14 rules, and regulations applicable thereto on National For15 est System land. 

16 (e) TRANSFER OF LAND TO PARK SERVICE.—Upon 

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

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

19 shall be transferred to the administrative jurisdiction of 

20 the National Park Service, and shall thereafter be perma21 nently incorporated in, and administered by the Secretary 

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

23 Monument.

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