H. R. 622

One Hundred Eighth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the seventh day of January, two thousand and three

An Act

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

Forests in Arizona, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. FINDINGS; PURPOSE.

(a) FINDINGS.—Congress finds the following:

(1) Certain private lands adjacent to the Montezuma Castle

National Monument in Yavapai County, Arizona, are desirable

for Federal acquisition to protect important riparian values

along Beaver Creek and the scenic backdrop for the National

Monument.

(2) Certain other inholdings in the Coconino National

Forest are desirable for Federal acquisition to protect important

public values near Double Cabin Park.

(3) Approximately 108 acres of land within the Tonto

National Forest, northeast of Payson, Arizona, are currently

occupied by 45 residential cabins under special use permits

from the Secretary of Agriculture, and have been so occupied

since the mid-1950s, rendering such lands of limited use and

enjoyment potential for the general public. Such lands are,

therefore, appropriate for transfer to the cabin owners in

exchange for lands that will have higher public use values.

(4) In return for the privatization of such encumbered

lands the Secretary of Agriculture has been offered approximately 495 acres of non-Federal land (known as the Q Ranch)

within the Tonto National Forest, east of Young, Arizona, in

an area where the Secretary has completed previous land

exchanges to consolidate public ownership of National Forest

lands.

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

the Secretary will greatly increase National Forest management

efficiency and promote public access, use, and enjoyment of

the area and surrounding National Forest System lands.

(b) PURPOSE.—The purpose of this Act is to authorize, direct,

facilitate, and expedite the consummation of the land exchanges

set forth herein in accordance with the terms and conditions of

this Act.

SEC. 2. DEFINITIONS.

As used in this Act:

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

Summer Homes Association, a nonprofit corporation in the

State of Arizona.
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(2) FEDERAL LAND.—The term ‘‘Federal land’’ means land

to be conveyed into non-Federal ownership under this Act.

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

Policy Management Act of 1976 (43 U.S.C. 1701 et seq.).

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

Land Exchange Joint Venture Partnership, an Arizona Partnership.

(5) NON-FEDERAL LAND.—The term ‘‘non-Federal land’’

means land to be conveyed to the Secretary of Agriculture

under this Act.

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

of Agriculture, unless otherwise specified.

SEC. 3. MONTEZUMA CASTLE LAND EXCHANGE.

(a) LAND EXCHANGE.—Upon receipt of a binding offer from

MCJV to convey title acceptable to the Secretary to the land

described in subsection (b), the Secretary shall convey to MCJV

all right, title, and interest of the United States in and to the

Federal land described in subsection (c).

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

is the following:

(1) The approximately 157 acres of land adjacent to the

Montezuma Castle National Monument, as generally depicted

on the map entitled ‘‘Montezuma Castle Contiguous Lands’’,

dated May 2002.

(2) Certain private land within the Coconino National

Forest, Arizona, comprising approximately 108 acres, as generally depicted on the map entitled ‘‘Double Cabin Park Lands’’,

dated September 2002.

(c) FEDERAL LAND.—The Federal land described in this subsection is the approximately 222 acres in the Tonto National Forest,

Arizona, and surveyed as Lots 3, 4, 8, 9, 10, 11, 16, and 17,

and Tract 40 in section 32, Township 11 North, Range 10 East,

Gila and Salt River Meridian, Arizona.

(d) EQUAL VALUE EXCHANGE.—The values of the non-Federal

and Federal land directed to be exchanged under this section shall

be equal or equalized as determined by the Secretary through

an appraisal performed by a qualified appraiser mutually agreed

to by the Secretary and MCJV and performed in conformance

with the Uniform Appraisal Standards for Federal Land Acquisitions (U.S. Department of Justice, December 2000), and section

206(d) of FLPMA (43 U.S.C. 1716(d)). If the values are not equal,

the Secretary shall delete Federal lots from the conveyance to

MCJV in the following order and priority, as necessary, until the

values of Federal and non-Federal land are within the 25 percent

cash equalization limit of section 206(b) of FLPMA (43 U.S.C.

1716(b)):

(1) Lot 3.

(2) Lot 4.

(3) Lot 9.

(4) Lot 10.

(5) Lot 11.

(6) Lot 8.

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

after compliance with subsection (d) shall be equalized by the

payment of cash to the Secretary or MCJV, as the circumstances

dictate, in accordance with section 206(b) of FLPMA (43 U.S.C.
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1716(b)). Public Law 90–171 (16 U.S.C. 484a; commonly known

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

any cash equalization payment received by the United States under

this section.

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

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

to convey title acceptable to the Secretary to the land described

in subsection (b), the Secretary shall convey to DPSHA all right,

title, and interest of the United States in and to the land described

in subsection (c).

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

is the approximately 495 acres of non-Federal land generally

depicted on the map entitled ‘‘Diamond Point Exchange—Q Ranch

Non-Federal Lands’’, dated May 2002.

(c) FEDERAL LAND.—The Federal land described in this subsection is the approximately 108 acres northeast of Payson, Arizona,

as generally depicted on the map entitled ‘‘Diamond Point

Exchange—Federal Land’’, dated May 2002.

(d) EQUAL VALUE EXCHANGE.—The values of the non-Federal

and Federal land directed to be exchanged under this section shall

be equal or equalized as determined by the Secretary through

an appraisal performed by a qualified appraiser mutually agreed

to by the Secretary and DPSHA and in conformance with the

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

Department of Justice, December 2000), and section 206(d) of

FLPMA (43 U.S.C. 1716(d)). If the values are not equal, they

shall be equalized by the payment of cash to the Secretary or

DPSHA pursuant to section 206(b) of FLPMA (43 U.S.C. 1716(b)).

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

Act’’) shall, without further appropriation, apply to any cash equalization payment received by the United States under this section.

(e) SPECIAL USE PERMIT TERMINATION.—Upon execution of the

land exchange authorized by this section, all special use cabin

permits on the Federal land shall be terminated.

SEC. 5. MISCELLANEOUS PROVISIONS.

(a) EXCHANGE TIMETABLE.—Not later than 6 months after the

Secretary receives an offer under section 3 or 4, the Secretary

shall execute the exchange under section 3 or 4, respectively, unless

the Secretary and MCJV or DPSHA, respectively, mutually agree

to extend such deadline.

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

exchanges authorized by this Act, the Secretary shall perform any

necessary land surveys and required preexchange clearances,

reviews, and approvals relating to threatened and endangered species, cultural and historic resources, wetlands and floodplains and

hazardous materials. If 1 or more of the Federal land parcels

or lots, or portions thereof, cannot be transferred to MCJV or

DPSHA due to hazardous materials, threatened or endangered species, cultural or historic resources, or wetland and flood plain problems, the parcel or lot, or portion thereof, shall be deleted from

the exchange, and the values of the lands to be exchanged adjusted

in accordance with subsections (d) and (e) of section 3 or section

4(d), as appropriate. In order to save administrative costs to the

United States, the costs of performing such work, including the

appraisals required pursuant to this Act, shall be paid by MCJV

or DPSHA for the relevant property, except for the costs of any
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such work (including appraisal reviews and approvals) that the

Secretary is required or elects to have performed by employees

of the Department of Agriculture.

(c) FEDERAL LAND RESERVATIONS AND ENCUMBRANCES.—The

Secretary shall convey the Federal land under this Act subject

to valid existing rights, including easements, rights-of-way, utility

lines and any other valid encumbrances on the Federal land as

of the date of the conveyance under this Act. If applicable to

the land conveyed, the Secretary shall also retain any right of

access as may be required by section 120(h) of the Comprehensive

Environmental Response, Compensation and Liability Act of 1980

(42 U.S.C. 9620(h)) for remedial or corrective action relating to

hazardous substances as may be necessary in the future.

(d) ADMINISTRATION OF ACQUIRED LAND.—The land acquired

by the Secretary pursuant to this Act shall become part of the

Tonto or Coconino National Forest, as appropriate, and be administered as such in accordance with the laws, rules, and regulations

generally applicable to the National Forest System. Such land may

be made available for domestic livestock grazing if determined

appropriate by the Secretary in accordance with the laws, rules,

and regulations applicable thereto on National Forest System land.

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

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

Contiguous Lands’’ identified in section 3(b)(1) shall be transferred

to the administrative jurisdiction of the National Park Service,

and shall thereafter be permanently incorporated in, and administered by the Secretary of the Interior as part of, the Montezuma

Castle National Monument.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.