[Congressional Record Volume 148, Number 122 (Tuesday, September 24, 2002)]
[House]
[Pages H6504-H6506]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1615
TONTO AND COCONINO NATIONAL FORESTS LAND EXCHANGE ACT
Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 4919) to provide for the exchange of certain lands in the
Coconino and Tonto National Forests in Arizona, and for other purposes,
as amended.
The Clerk read as follows:
H.R. 4919
Be it enacted by the Senate and House of Representatives 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''.
TITLE I--TONTO AND COCONINO NATIONAL FORESTS LAND EXCHANGE
SEC. 101. 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 title 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 title.
SEC. 102. DEFINITIONS.
As used in this title:
(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 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-Federal land'' means
land to be conveyed to the Secretary of Agriculture under
this title.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, unless otherwise specified.
SEC. 103. 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.--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, 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 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
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 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).
(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 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. 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 Secretary 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
[[Page H6505]]
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 103 or section 104(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 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 Encumbrances.--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 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 title 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 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 permanently
incorporated in, and administered by the Secretary of the
Interior as part of, the Montezuma Castle National Monument.
TITLE II--MENDOCINO NATIONAL FOREST LAND CONVEYANCE
SEC. 201. LAND CONVEYANCE, FARAWAY RANCH, MENDOCINO NATIONAL
FOREST, CALIFORNIA.
(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
``recipient''), by quitclaim deed, all right, title, and
interest of the United States in and to the following
National Forest 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 N\1/2\SW\1/4\ 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 depicted 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).
(c) Corrections.--With the agreement of the recipient, 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 conveyance
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 Secretary and conforms
with the Federal appraisal standards, as defined in the
Uniform Appraisal Standards for Federal Land Acquisitions
developed by the Interagency Land Acquisition Conference.
(e) Payment of Costs.--All direct transaction costs
associated with the conveyance under section (a), including
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 Public Law 90-171 (commonly
known as the Sisk Act; 16 U.S.C. 484a).
(2) Use.--Funds deposited under paragraph (1) shall be
available to the Secretary until expended, without further
appropriation--
(A) for the acquisition of land and interests in land for
National Forest System purposes 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.--Notwithstanding 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 under
the public land laws and the mining and mineral leasing laws
of the United States.
The SPEAKER pro tempore (Mr. Bass). Pursuant to the rule, the
gentleman from Utah (Mr. Hansen) and the gentleman from West Virginia
(Mr. Rahall) each will control 20 minutes.
The Chair recognizes the gentleman from Utah (Mr. Hansen).
Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this bill directs the Secretary of Agriculture to
conduct two land exchanges, the Montezuma Castle land exchange in the
Coconino National Forest, and the Diamond Point land exchange in the
Tonto National Forest.
In the Montezuma Castle land exchange, the National Park Service will
acquire some riparian areas which are part of the viewshed for the
Montezuma Castle National Monument, and the Forest Service will acquire
Double Cabin Park. In exchange, 122 acres of National Forest System
land adjacent to the town of Payson Municipal Airport will be
transferred to private ownership.
In the Diamond Point land exchange, the Forest Service will receive a
495-acre parcel known as the Q Ranch in an area where they have
completed previous acquisitions and consolidated Federal lands. In
exchange, the Diamond Point Summer Homes Association will acquire 108
acres of Federal land which has been occupied by the association's 45
residential cabins since the 1950s. The Tonto National Forest plan
specifically recommends conveyance of the Federal land to the cabin
owners.
The second part of this bill authorizes the Secretary of Agriculture
to convey certain lands in the Mendocino National Forest in California
to correct recently discovered errors in the original survey. In the
last few years, we have discovered many problems with surveys conducted
in the late 1800s. In this case, the faulty survey has allowed
unintentional encroachment of ranch structures into nearby national
forest lands. This bill remedies outstanding encroachment issues by
authorizing the transfer of 120 acres of adjacent national forest land
in exchange for payment of the fair market value of these lands.
The payments will be deposited into the Sisk Act and used to purchase
non-Federal lands adjacent to national forest lands in California. This
is the text of H.R. 5032, authored by the gentleman from California
(Mr. Thompson), and ordered reported from the Committee on Resources on
September 12.
Mr. Speaker, I urge adoption of these measures, and I reserve the
balance of my time.
Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, while I initially had some minor problems with H.R. 4919
when it was considered in committee, our colleague, the gentleman from
Arizona (Mr. Pastor), came and spoke to me. In no uncertain terms he
made it clear he would like to see this legislation passed. Therefore,
I decided it would be a good idea to move it forward.
I would also note that the inclusion by our colleague, the gentleman
from California (Mr. Thompson), of his legislation in this legislation
is facilitating its consideration on the floor today. The gentleman
from California is to be commended for his leadership, and is a very
capable and effective representative of his constituents. I salute him
for his work on this particular bill.
Mr. HAYWORTH. I am grateful for the opportunity to speak today about
my bill, H.R. 4919, the Tonto and Coconino National Forests Land
Exchange.
This legislation authorizes two common-sense land exchanges that will
benefit not only
[[Page H6506]]
my constituents, but the U.S. Forest Service. Most importantly, this
bill will authorize a land exchange that will allow the Town of Payson
to purchase a portion of the conveyed property to create private sector
business development and job opportunities. Payson is totally
surrounded by national forest lands, virtually land-locking the
community. Local officials feel that the lack of land for industry and
affordable housing is the major obstacle to economic development in the
region.
The legislation also authorizes the Forest Service to acquire a 495-
acre parcel known as the Q Ranch, which is currently owned by The
Conservation Fund. In exchange, the Diamond Point Summer Homes
Association will acquire 108 acres of federal land that has been
occupied by the group's 45 residential cabins since the 1950's.
The Tonto National Forest Plan has specifically recommended
conveyance of the federal land. The exchange will transfer land of
limited public use to the association in exchange for private lands
that will increase management efficiency and enhance public access, use
and enjoyment of the surrounding national forest lands.
In summary, the bill contains common-sense legislation that
accomplishes goals that the Forest Service has stated are a priority.
These land exchanges are endorsed by the Gila County Board of
Supervisors, the Rim County Regional Chamber of Commerce, the Town of
Payson, the Payson Regional Economic Development Corporation, and the
National Park Service, among others.
I have been honored to serve the community of Payson in the House of
Representatives for eight years. Due to redistricting, I will no longer
have the opportunity to directly represent this beautiful part of
Arizona. Nevertheless, even as congressional lines change, the issues
remain the same, and I hope to convey to my friends in Payson that I
will remain a strong advocate of their interests.
With that, I urge an ``aye'' vote on H.R. 4919.
Mr. RAHALL. Mr. Speaker, I yield back the balance of my time.
Mr. HANSEN. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Utah (Mr. Hansen) that the House suspend the rules and
pass the bill, H.R. 4919, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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