[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 622 Reported in Senate (RS)]






                                                       Calendar No. 261
108th CONGRESS
  1st Session
                                H. R. 622

                          [Report No. 108-137]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 2, 2003

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

                            August 26, 2003

    Reported under authority of the order of the Senate of July 29 
   (legislative day, July 21), 2003, by Mr. Domenici, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 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) <DELETED>of the</DELETED> 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 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 <DELETED>a map</DELETED> 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 <DELETED>3(d)(1)</DELETED> 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.




                                                       Calendar No. 261

108th CONGRESS

  1st Session

                               H. R. 622

                          [Report No. 108-137]

_______________________________________________________________________

                                 AN ACT

To provide for the exchange of certain lands in the Coconino and Tonto 
          National Forests in Arizona, and for other purposes.

_______________________________________________________________________

                            August 26, 2003

                        Reported with amendments