[Congressional Record Volume 149, Number 173 (Monday, November 24, 2003)]
[Senate]
[Pages S15870-S15871]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




EXCHANGE OF CERTAIN LANDS IN THE COCONINO AND TONTO NATIONAL FORESTS IN 
                                ARIZONA

  The Senate proceeded to consider 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, which had been reported 
from the Committee on Energy and Natural Resources, with amendments, as 
follows:
  [Strike the part shown in black brackets and insert the part shown in 
italic.]

[[Page S15871]]

                                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 (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 the] 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 [a map] 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(d)(1)] 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.

  The committee amendments were agreed to.
  The bill (H.R. 622), as amended, was read the third time and passed.

                          ____________________