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 approxi-
mately 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 Partner-
ship.
(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 gen-
erally depicted on the map entitled ‘‘Double Cabin Park Lands’’,
dated September 2002.
(c) FEDERAL LAND.—The Federal land described in this sub-
section 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 Acquisi-
tions (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 sub-
section 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 equali-
zation 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 spe-
cies, 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 spe-
cies, cultural or historic resources, or wetland and flood plain prob-
lems, 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 adminis-
tered 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 adminis-
tered 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.