IB 
Union Calendar No. 416
107TH CONGRESS 
2D SESSION 
H. R. 4919
[Report No. 107–674] 
To provide for the exchange of certain lands in the Coconino and Tonto 
National Forests in Arizona, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 12, 2002
Mr. HAYWORTH (for himself and Mr. STUMP) introduced the following bill; 
which was referred to the Committee on Resources 
SEPTEMBER 24, 2002
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on June 12, 2002] 
A BILL 
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. SHORT TITLE. 
This Act may be cited as the ‘‘Tonto and Coconino 
National Forests Land Exchange Act’’. 
SEC. 2. FINDINGS; PURPOSE. 
(a) FINDINGS.—Congress finds the following: 
(1) Certain private lands adjacent to the Monte-
zuma Castle National Monument in Yavapai County, 
Arizona, are desirable for Federal acquisition to pro-
tect important riparian values along Beaver Creek 
and the scenic backdrop for the National Monument. 
(2) Certain other inholdings in the Coconino Na-
tional 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, ren-
dering such lands of limited use and enjoyment poten-
tial for the general public. Such lands are, therefore, 
appropriate for transfer to the cabin owners in ex-
change for lands that will have higher public use val-
ues. 
(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 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 ac-
cess, 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. 3. 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 Mon-
tezuma Castle Land Exchange Joint Venture Partner-
ship, an Arizona Partnership. 
(5) NON-FEDERAL LAND.—The term ‘‘non-Fed-
eral 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 speci-
fied. 
SEC. 4. 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 con-
vey 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 ‘‘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, 17, and Tract 40 in section 32, Township 11 
North, Range 10 East, Gila and Salt River Meridian, Ari-
zona. 
(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 quali-
fied appraiser mutually agreed to by the Secretary and 
MCJV and performed in conformance with the Uniform Ap-
praisal Standards for Federal Land Acquisitions (U.S. De-
partment 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 con-
veyance 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 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 re-
maining 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 equali-
zation payment received by the United States under this 
section. 
SEC. 5. 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 con-
vey 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 a 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 quali-
fied 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 appropria-
tion, apply to any cash equalization payment received by 
the United States under this section. 
(e) SPECIAL USE PERMIT TERMINATION.—Upon exe-
cution of the land exchange authorized by this section, all 
special use cabin permits on the Federal land shall be ter-
minated. 
SEC. 6. MISCELLANEOUS PROVISIONS. 
(a) EXCHANGE TIMETABLE.—Not later than 6 months 
after the Secretary receives an offer under section 4 or 5,
the Secretary shall execute the exchange under section 4 or 
5, 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 re-
sources, 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, cul-
tural 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 ex-
changed adjusted in accordance with subsections (d) and 
(e) of section 4 or section 5(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 such 
work (including appraisal reviews and approvals) that the 
Secretary is required or elects to have performed by employ-
ees 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 con-
veyance 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 Envi-
ronmental 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 appro-
priate, and be administered as such in accordance with the 
laws, rules, and regulations generally applicable to the Na-
tional 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 regu-
lations applicable thereto on National Forest System land. 
(e) TRANSFER OF LAND TO PARK SERVICE.—Upon 
their acquisition by the United States, the ‘‘Montezuma 
Castle Contiguous Lands’’ identified in section 4(d)(1) shall 
be transferred to the administrative jurisdiction of the Na-
tional Park Service, and shall thereafter be permanently in-
corporated in, and administered by the Secretary of the In-
terior as part of, the Montezuma Castle National Monu-
ment.
Calendar No. 416
107TH CONGRESS 
2D SESSION 
H. R. 4919
[Report No. 107–674] 
A BILL 
To provide for the exchange of certain lands in the 
Coconino and Tonto National Forests in Arizona, 
and for other purposes. 
SEPTEMBER 24, 2002
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed