[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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