IIB
107TH CONGRESS
2D SESSION
H. R. 4919
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 25, 2002
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. SHORT TITLE.
This Act may be cited as the ‘‘Tonto and Coconino
National Forests Land Exchange Act’’.
TITLE I—TONTO AND COCONINO
NATIONAL FORESTS LAND EX-
CHANGE
SEC. 101. 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
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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-
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 title 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 title.
SEC. 102. DEFINITIONS.
As used in this title:
(1) DPSHA.—The term ‘‘DPSHA’’ means the
Diamond Point Summer Homes Association, a non-
profit 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 owner-
ship under this title.
(3) FLPMA.—The term ‘‘FLPMA’’ means the
Federal Land Policy Management Act of 1976.
(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 title.
(6) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture, unless otherwise speci-
fied.
SEC. 103. 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,
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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
‘‘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
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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.
(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. 104. 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).
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(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.
(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-
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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. 105. MISCELLANEOUS PROVISIONS.
(a) EXCHANGE
TIMETABLE.—Not later than 6
months after the Secretary receives an offer under section
103 or 104, the Secretary shall execute the exchange
under section 103 or 104, respectively, unless the Sec-
retary and MCJV or DPSHA, respectively, mutually agree
to extend such deadline.
(b) EXCHANGE PROCESSING.—Prior to executing the
land exchanges authorized by this title, 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
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of the lands to be exchanged adjusted in accordance with
subsections (d) and (e) of section 103 or section 104(d),
as appropriate. In order to save administrative costs to
the United States, the costs of performing such work, in-
cluding the appraisals required pursuant to this title, shall
be paid by MCJV or DPSHA for the relevant property,
except for the costs of any 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 ENCUM-
BRANCES.—The Secretary shall convey the Federal land
under this title 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 title. 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 title shall
become part of the Tonto or Coconino National Forest,
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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.
(e) TRANSFER OF LAND TO PARK SERVICE.—Upon
their acquisition by the United States, the ‘‘Montezuma
Castle Contiguous Lands’’ identified in section 103(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.
TITLE 
II—MENDOCINO 
NA-
TIONAL FOREST LAND CON-
VEYANCE
SEC. 
201. 
LAND 
CONVEYANCE, 
FARAWAY 
RANCH,
MENDOCINO 
NATIONAL 
FOREST, 
CALI-
FORNIA.
(a) CONVEYANCE REQUIRED.—Subject to subsection
(b), the Secretary of Agriculture shall convey to the owner
of the property known as the Faraway Ranch in Lake
County, California (in this section referred to as the ‘‘re-
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cipient’’), by quitclaim deed, all right, title, and interest
of the United States in and to the following National For-
est System lands in Mendocino National Forest in Lake
County, California:
(1) ‘‘Faraway Ranch, Tract 39’’ (approximately
15.8 acres) consisting of a portion of lot 6 of section
4, township 18 north, range 10 west, Mount Diablo
base and meridian, as generally depicted on the map
entitled ‘‘Faraway Ranch, Tracts 39 and 40’’ and
dated June 30, 2002.
(2) ‘‘Faraway Ranch, Tract 40’’ (approximately
105.1 acres) consisting of a portion of the N1⁄2SW1⁄4
and lot 7 of section 4, and a portion of lots 15 and
16 of section 5, township 18 north, range 10 west,
Mount Diablo base and meridian, as generally de-
picted on the map entitled ‘‘Faraway Ranch, Tracts
39 and 40’’ and dated June 30, 2002.
(b) TIME FOR CONVEYANCE.—The Secretary shall
make the conveyance under subsection (a) not later than
120 days after the date on which the recipient deposits
sufficient funds with the Bureau of Land Management,
California State Office, Branch of Geographic Services, to
cover survey work costs and with the Forest Service,
Mendocino National Forest, to cover Forest Service direct
transaction costs described in subsection (e).
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(c) CORRECTIONS.—With the agreement of the re-
cipient, the Secretary may make minor corrections to the
legal descriptions and map of the lands to be conveyed
pursuant to this section.
(d) CONSIDERATION.—As consideration for the con-
veyance under subsection (a), the recipient shall pay to
the Secretary an amount equal to the fair market value
of the National Forest System lands conveyed under such
subsection. The fair market value of such lands shall be
determined by an appraisal that is acceptable to the Sec-
retary and conforms with the Federal appraisal standards,
as defined in the Uniform Appraisal Standards for Fed-
eral Land Acquisitions developed by the Interagency Land
Acquisition Conference.
(e) PAYMENT OF COSTS.—All direct transaction costs
associated with the conveyance under section (a), includ-
ing the costs of appraisal, title, and survey work, shall be
paid by the recipient.
(f) USE OF PROCEEDS.—
(1) DEPOSIT.—The Secretary shall deposit the
amounts received by the Secretary as consideration
under subsection (d) in the fund established by Pub-
lic Law 90–171 (commonly known as the Sisk Act;
16 U.S.C. 484a).
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(2) USE.—Funds deposited under paragraph
(1) shall be available to the Secretary until ex-
pended, without further appropriation—
(A) for the acquisition of land and inter-
ests in land for National Forest System pur-
poses in the State of California; and
(B) for reimbursement of costs incurred by
the Forest Service in making the conveyance
under subsection (a).
(3) STATUS
OF
ACQUIRED
LAND.—Notwith-
standing Public Law 85–862 (16 U.S.C. 521a), any
lands acquired under paragraph (2)(A) shall be
managed as lands acquired under the March 1, 1911
(commonly known as the Weeks Act; 16 U.S.C. 480,
500, 515 et seq.), regardless of whether any of the
lands conveyed under subsection (a) were reserved
from the public domain.
(g) WITHDRAWAL.—Subject to valid existing rights,
the lands to be conveyed under subsection (a) are hereby
withdrawn from all forms of location, entry, and patent
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under the public land laws and the mining and mineral
leasing laws of the United States.
Passed the House of Representatives September 24,
2002.
Attest:
JEFF TRANDAHL,
Clerk.