[Congressional Record Volume 149, Number 52 (Tuesday, April 1, 2003)]
[House]
[Pages H2533-H2534]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          COCONINO AND TONTO NATIONAL FOREST LAND EXCHANGE ACT

  Mr. RENZI. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 622) to provide for the exchange of certain lands in the Coconino 
and Tonto National Forests in Arizona, and for other purposes.
  The Clerk read as follows:

                                H.R. 622

       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.
       (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.--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. 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 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

[[Page H2534]]

     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 Park Service.--Upon their 
     acquisition by the United States, the ``Montezuma Castle 
     Contiguous Lands'' identified in section 3(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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arizona (Mr. Renzi) and the gentlewoman from Guam (Mr. Bordallo) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Arizona (Mr. Renzi).
  Mr. RENZI. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 622 would require the Secretary of Agriculture to 
perform two land exchanges in the Tonto and Coconino National Forests 
in Arizona, the Montezuma Castle Land Exchange and the Diamond Point 
Land Exchange. With the help of the gentleman from Arizona (Mr. 
Hayworth), I introduced this legislation on February 5, 2003.
  First, under the Montezuma Castle Land Exchange, the Forest Service 
would acquire a 157-acre parcel of private land adjacent to Montezuma 
Castle National Monument, which it may reconvey to the National Park 
Service, and the 143-acre Double Cabin Park parcel, both in the 
Coconino National Forest. In the exchange, the Montezuma Castle Land 
Exchange Joint Venture, an Arizona partnership, will receive 
approximately 122 acres of National Forest system land adjacent to the 
Town of Payson municipal airport. The Town of Payson has entered into 
an agreement to purchase a portion of the property to create a private-
sector business development and job opportunities. This exchange will 
protect riparian areas around Beaver Creek, the view-shed for the 
National Monument, and it will transfer Double Cabin Park to Federal 
ownership.
  Second, under the Diamond Point Land Exchange, the Forest Service 
will receive a 495-acre parcel known as the ``Q Ranch'' in an area 
which has completed previous acquisitions and consolidated Federal 
land. In exchange, the Diamond Point Summer Homes Association will 
acquire 108 acres of Federal land which have 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 exchange will transfer public land of limited public use to the 
association in exchange for private lands that will greatly increase 
the management efficiency and enhance public use, access and the 
enjoyment of the surrounding National Forest lands. Both exchanges have 
multiple benefits, enhancing environmental protection and recreation, 
while also increasing economic opportunities for the community.
  H.R. 622 is the result of almost a decade of cooperative efforts 
between local officials and the Forest Service and is based on a 
balanced solution to responsibly use the land and conserve this area. I 
urge adoption of this measure.
  Mr. Speaker, I reserve the balance of my time.
  Ms. BORDALLO. Mr. Speaker, I yield myself such time as I may consume.
  (Ms. BORDALLO asked and was given permission to revise and extend her 
remarks.)
  Ms. BORDALLO. Mr. Speaker, H.R. 622, the Tonto and Coconino National 
Forest Land Exchange Act, would direct the Secretary of Agriculture to 
complete two separate land exchanges, Diamond Point and Montezuma 
Castle in Arizona. The Secretary already has the authority to 
consummate the land exchanges, but the amendment would expedite the 
transactions and make them a priority for the Secretary. I support the 
bill and urge its adoption.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. RENZI. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Arizona (Mr. Renzi) that the House suspend the rules and 
pass the bill, H.R. 622.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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