[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 622 Enrolled Bill (ENR)]

        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 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 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.
        (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 Partnership.
        (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 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, 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 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, 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. 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 subsection 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 equalization 
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 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, 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, 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 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 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 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 administered 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.