108TH CONGRESS
1ST SESSION
H. R. 622
AN ACT
To provide for the exchange of certain lands in the
Coconino and Tonto National Forests in Arizona,
and for other purposes.
108TH CONGRESS
1ST SESSION
H. R. 622
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,
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-
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.
(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
‘‘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.
(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.
(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.
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
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.
(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:
Clerk.