108TH CONGRESS

1ST SESSION H. R. 622

AN ACT

To provide for the exchange of certain lands in the

Coconino and Tonto National Forests in Arizona,and for other purposes.

108TH CONGRESS

1ST SESSION H. R. 622

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,
2

•HR 622 EH

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-
3

•HR 622 EH

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.
4

•HR 622 EH

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
5

•HR 622 EH

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.
6

•HR 622 EH

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.
7

•HR 622 EH

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.
8

•HR 622 EH

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
9

•HR 622 EH

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.
10

•HR 622 EH

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:

Clerk.