II 

Calendar No. 261

108TH CONGRESS 

1ST SESSION H. R. 622

[Report No. 108–137] 

IN THE SENATE OF THE UNITED STATES 

APRIL 2, 2003

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

Resources 

AUGUST 26, 2003

Reported under authority of the order of the Senate of July 29 (legislative 

day, July 21), 2003, by Mr. DOMENICI, with amendments 

[Omit the part struck through and insert the part printed in italic] 

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, 

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 Coun-
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1 ty, Arizona, are desirable for Federal acquisition to 

2 protect important riparian values along Beaver 

3 Creek and the scenic backdrop for the National 

4 Monument. 

5 (2) Certain other inholdings in the Coconino 

6 National Forest are desirable for Federal acquisition 

7 to protect important public values near Double 

8 Cabin Park. 

9 (3) Approximately 108 acres of land within the 

10 Tonto National Forest, northeast of Payson, Ari11 zona, are currently occupied by 45 residential cabins 

12 under special use permits from the Secretary of Ag13 riculture, and have been so occupied since the mid14 1950s, rendering such lands of limited use and en15 joyment potential for the general public. Such lands 

16 are, therefore, appropriate for transfer to the cabin 

17 owners in exchange for lands that will have higher 

18 public use values. 

19 (4) In return for the privatization of such en20 cumbered lands the Secretary of Agriculture has 

21 been offered approximately 495 acres of non-Federal 

22 land (known as the Q Ranch) within the Tonto Na23 tional Forest, east of Young, Arizona, in an area 

24 where the Secretary has completed previous land ex-
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1 changes to consolidate public ownership of National 

2 Forest lands. 

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

4 lands by the Secretary will greatly increase National 

5 Forest management efficiency and promote public 

6 access, use, and enjoyment of the area and sur7 rounding National Forest System lands. 

8 (b) PURPOSE.—The purpose of this Act is to author9 ize, direct, facilitate, and expedite the consummation of 

10 the land exchanges set forth herein in accordance with the 

11 terms and conditions of this Act. 

12 SEC. 2. DEFINITIONS. 

13 As used in this Act: 

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

15 Diamond Point Summer Homes Association, a non16 profit corporation in the State of Arizona. 

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

18 means land to be conveyed into non-Federal owner19 ship under this Act. 

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

21 Federal Land Policy Management Act of 1976 (43 

22 U.S.C. 1701 et seq.). 

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

24 Montezuma Castle Land Exchange Joint Venture 

25 Partnership, an Arizona Partnership. 
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1 (5) NON-FEDERAL LAND.—The term ‘‘non-Fed2 eral land’’ means land to be conveyed to the Sec3 retary of Agriculture under this Act. 

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

5 the Secretary of Agriculture, unless otherwise speci6 fied. 

7 SEC. 3. MONTEZUMA CASTLE LAND EXCHANGE. 

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

9 offer from MCJV to convey title acceptable to the Sec10 retary to the land described in subsection (b), the Sec11 retary shall convey to MCJV all right, title, and interest 

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

13 in subsection (c). 

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

15 this subsection is the following: 

16 (1) The approximately 157 acres of land adja17 cent to the Montezuma Castle National Monument, 

18 as generally depicted on the map entitled ‘‘Monte19 zuma Castle Contiguous Lands’’, dated May 2002. 

20 (2) Certain private land within the Coconino 

21 National Forest, Arizona, comprising approximately 

22 108 acres, as generally depicted on the map entitled 

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

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

2 this subsection is the approximately 222 acres in the 

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

4 4, 8, 9, 10, 11, 16, and 17, and Tract 40 in section 32, 

5 Township 11 North, Range 10 East, Gila and Salt River 

6 Meridian, Arizona. 

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

8 non-Federal and Federal land directed to be exchanged 

9 under this section shall be equal or equalized as deter10 mined by the Secretary through an appraisal performed 

11 by a qualified appraiser mutually agreed to by the Sec12 retary and MCJV and performed in conformance with the 

13 Uniform Appraisal Standards for Federal Land Acquisi14 tions (U.S. Department of Justice, December 2000), and 

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

16 the values are not equal, the Secretary shall delete Federal 

17 lots from the conveyance to MCJV in the following order 

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

19 non–Federal land are within the 25 percent cash equali20 zation limit of 206(b) of FLPMA (43 U.S.C. 1716(b)): 

21 (1) Lot 3. 

22 (2) Lot 4. 

23 (3) Lot 9.

24 (4) Lot 10. 

25 (5) Lot 11. 
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1 (6) Lot 8. 

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

3 remaining after compliance with subsection (d) shall be 

4 equalized by the payment of cash to the Secretary or 

5 MCJV, as the circumstances dictate, in accordance with 

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

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

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

9 any cash equalization payment received by the United 

10 States under this section. 

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

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

13 from DPSHA to convey title acceptable to the Secretary 

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

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

16 United States in and to the land described in subsection 

17 (c). 

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

19 this subsection is the approximately 495 acres of non-Fed20 eral land generally depicted on the map entitled ‘‘Diamond 

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

22 May 2002. 

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

24 this subsection is the approximately 108 acres northeast 

25 of Payson, Arizona, as generally depicted on a map the 
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1 map entitled ‘‘Diamond Point Exchange—Federal Land’’, 

2 dated May 2002. 

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

4 non-Federal and Federal land directed to be exchanged 

5 under this section shall be equal or equalized as deter6 mined by the Secretary through an appraisal performed 

7 by a qualified appraiser mutually agreed to by the Sec8 retary and DPSHA and in conformance with the Uniform 

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

10 Department of Justice, December 2000), and section 

11 206(d) of FLPMA (43 U.S.C. 1716(d)). If the values are 

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

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

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

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

16 without further appropriation, apply to any cash equali17 zation payment received by the United States under this 

18 section. 

19 (e) SPECIAL USE PERMIT TERMINATION.—Upon 

20 execution of the land exchange authorized by this section, 

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

22 terminated. 

23 SEC. 5. MISCELLANEOUS PROVISIONS. 

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

25 months after the Secretary receives an offer under section 
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1 3 or 4, the Secretary shall execute the exchange under 

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

3 MCJV or DPSHA, respectively, mutually agree to extend 

4 such deadline. 

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

6 land exchanges authorized by this Act, the Secretary shall 

7 perform any necessary land surveys and required 

8 preexchange clearances, reviews, and approvals relating to 

9 threatened and endangered species, cultural and historic 

10 resources, wetlands and floodplains and hazardous mate11 rials. If 1 or more of the Federal land parcels or lots, or 

12 portions thereof, cannot be transferred to MCJV or 

13 DPSHA due to hazardous materials, threatened or endan14 gered species, cultural or historic resources, or wetland 

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

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

17 of the lands to be exchanged adjusted in accordance with 

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

19 appropriate. In order to save administrative costs to the 

20 United States, the costs of performing such work, includ21 ing the appraisals required pursuant to this Act, shall be 

22 paid by MCJV or DPSHA for the relevant property, ex23 cept for the costs of any such work (including appraisal 

24 reviews and approvals) that the Secretary is required or 
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1 elects to have performed by employees of the Department 

2 of Agriculture. 

3 (c) FEDERAL LAND RESERVATIONS AND ENCUM4 BRANCES.—The Secretary shall convey the Federal land 

5 under this Act subject to valid existing rights, including 

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

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

8 conveyance under this Act. If applicable to the land con9 veyed, the Secretary shall also retain any right of access 

10 as may be required by section 120(h) of the Comprehen11 sive Environmental Response, Compensation and Liability 

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

13 action relating to hazardous substances as may be nec14 essary in the future. 

15 (d) ADMINISTRATION OF ACQUIRED LAND.—The 

16 land acquired by the Secretary pursuant to this Act shall 

17 become part of the Tonto or Coconino National Forest, 

18 as appropriate, and be administered as such in accordance 

19 with the laws, rules, and regulations generally applicable 

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

21 available for domestic livestock grazing if determined ap22 propriate by the Secretary in accordance with the laws, 

23 rules, and regulations applicable thereto on National For24 est System land. 
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1 (e) TRANSFER OF LAND TO NATIONAL PARK SERV2 ICE.—Upon their acquisition by the United States, the 

3 ‘‘Montezuma Castle Contiguous Lands’’ identified in sec4 tion 3(d)(1) 3(b)(1) shall be transferred to the administra5 tive jurisdiction of the National Park Service, and shall 

6 thereafter be permanently incorporated in, and adminis7 tered by the Secretary of the Interior as part of, the Mon8 tezuma Castle National Monument.

Calendar No. 261

108TH CONGRESS 

1ST SESSION H. R. 622

[Report No. 108–137] 

AN ACT

To provide for the exchange of certain lands in the 

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

AUGUST 26, 2003

Reported with amendments