IIB 
108TH CONGRESS 
1ST SESSION 
H. R. 622
IN THE SENATE OF THE UNITED STATES 
APRIL 2, 2003
Received; read twice and referred to the Committee on Energy and Natural 
Resources 
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 Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. FINDINGS; PURPOSE. 
(a) FINDINGS.—Congress finds the following: 
(1) Certain private lands adjacent to the Mon-
tezuma Castle National Monument in Yavapai Coun-
ty, 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, Ari-
zona, are currently occupied by 45 residential cabins 
under special use permits from the Secretary of Ag-
riculture, and have been so occupied since the mid-
1950s, rendering such lands of limited use and en-
joyment 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 en-
cumbered lands the Secretary of Agriculture has 
been offered approximately 495 acres of non-Federal 
land (known as the Q Ranch) within the Tonto Na-
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tional Forest, east of Young, Arizona, in an area 
where the Secretary has completed previous land ex-
changes 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 sur-
rounding National Forest System lands. 
(b) PURPOSE.—The purpose of this Act is to author-
ize, 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 non-
profit corporation in the State of Arizona. 
(2) FEDERAL LAND.—The term ‘‘Federal land’’ 
means land to be conveyed into non-Federal owner-
ship under this Act. 
(3) FLPMA.—The term ‘‘FLPMA’’ means the 
Federal Land Policy Management Act of 1976.
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(4) MCJV.—The term ‘‘MCJV’’ means the 
Montezuma Castle Land Exchange Joint Venture 
Partnership, an Arizona Partnership. 
(5) NON-FEDERAL LAND.—The term ‘‘non-Fed-
eral land’’ means land to be conveyed to the Sec-
retary of Agriculture under this Act. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture, unless otherwise speci-
fied. 
SEC. 3. MONTEZUMA CASTLE LAND EXCHANGE. 
(a) LAND EXCHANGE.—Upon receipt of a binding 
offer from MCJV to convey title acceptable to the Sec-
retary to the land described in subsection (b), the Sec-
retary 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.—The land described in this sub-
section is the following: 
(1) The approximately 157 acres of land adja-
cent to the Montezuma Castle National Monument, 
as generally depicted on the map entitled ‘‘Monte-
zuma 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
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‘‘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, 17, and Tract 40 in section 32, Town-
ship 11 North, Range 10 East, Gila and Salt River Merid-
ian, 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 deter-
mined by the Secretary through an appraisal performed 
by a qualified appraiser mutually agreed to by the Sec-
retary 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 the 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 equali-
zation limit of 206(b) of FLPMA: 
(1) Lot 3. 
(2) Lot 4. 
(3) Lot 9.
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(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. 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-Fed-
eral land generally depicted on the map entitled ‘‘Diamond 
Point Exchange—Q Ranch Non–Federal Lands’’, dated 
May 2002.
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(c) FEDERAL LAND.—The Federal land described in 
this subsection is the approximately 108 acres northeast 
of Payson, Arizona, as generally depicted on a map enti-
tled ‘‘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 deter-
mined by the Secretary through an appraisal performed 
by a qualified appraiser mutually agreed to by the Sec-
retary 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.
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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 mate-
rials. 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 endan-
gered 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, includ-
ing the appraisals required pursuant to this Act, shall be 
paid by MCJV or DPSHA for the relevant property, ex-
cept for the costs of any such work (including appraisal
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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 ENCUM-
BRANCES.—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 con-
veyed, the Secretary shall also retain any right of access 
as may be required by section 120(h) of the Comprehen-
sive 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 nec-
essary 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 ap-
propriate by the Secretary in accordance with the laws, 
rules, and regulations applicable thereto on National For-
est System land.
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(e) TRANSFER OF LAND TO PARK SERVICE.—Upon 
their acquisition by the United States, the ‘‘Montezuma 
Castle Contiguous Lands’’ identified in section 3(d)(1) 
shall be transferred to the administrative jurisdiction of 
the National Park Service, and shall thereafter be perma-
nently incorporated in, and administered by the Secretary 
of the Interior as part of, the Montezuma Castle National 
Monument.
Passed the House of Representatives April 1, 2003. 
Attest: 
JEFF TRANDAHL, 
Clerk.