[Congressional Record Volume 164, Number 179 (Tuesday, November 13, 2018)]
[House]
[Pages H9483-H9484]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COTTONWOOD LAND EXCHANGE ACT OF 2018
Mr. GOSAR. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 6146) to authorize, direct, expedite, and facilitate a land
exchange in Yavapai County, Arizona, and for other purposes, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6146
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 ``Cottonwood Land Exchange Act
of 2018''.
SEC. 2. DEFINITIONS.
In this Act:
(1) County.--The term ``County'' means Yavapai County,
Arizona.
(2) Federal land.--The term ``Federal land'' means all
right, title, and interest of the United States in and to
approximately 80 acres of land within the Coconino National
Forest, in Yavapai County, Arizona, generally depicted as
``Coconino National Forest Parcels `Federal Land''' on the
map.
(3) Map.--The term ``map'' means the map entitled
``Cottonwood Land Exchange'', with the revision date July 5,
2018\Version 1.
(4) Non-federal land.--The term ``non-Federal land'' means
the approximately 369 acres of land in Yavapai County,
Arizona, generally depicted as ``Yavapai County Parcels `Non-
Federal Land''' on the map.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, unless otherwise specified.
SEC. 3. LAND EXCHANGE.
(a) In General.--If the County offers to convey to the
Secretary all right, title, and interest of the County in and
to the non-Federal land, the Secretary shall accept the offer
and simultaneously convey to the County all right, title, and
interest of the United States to the Federal land.
(b) Land Title.--Title to the non-Federal land conveyed to
the Secretary under this Act shall be acceptable to the
Secretary and shall conform to the title approval standards
of the Attorney General of the United States applicable to
land acquisitions by the Federal Government.
(c) Exchange Costs.--The County shall pay for all land
survey, appraisal, and other costs to the Secretary as may be
necessary to process and consummate the exchange under this
Act, including reimbursement to the Secretary, if the
Secretary so requests, for staff time spent in such
processing and consummation.
SEC. 4. EQUAL VALUE EXCHANGE AND APPRAISALS.
(a) Appraisals.--The values of the lands to be exchanged
under this Act shall be determined by the Secretary through
appraisals performed in accordance with--
(1) the Uniform Appraisal Standards for Federal Land
Acquisitions;
(2) the Uniform Standards of Professional Appraisal
Practice;
(3) appraisal instructions issued by the Secretary; and
(4) shall be performed by an appraiser mutually agreed to
by the Secretary and the County.
[[Page H9484]]
(b) Equal Value Exchange.--The values of the Federal and
non-Federal land parcels exchanged shall be equal, or if they
are not equal, shall be equalized as follows:
(1) Surplus of federal land value.--If the final appraised
value of the Federal land exceeds the final appraised value
of the non-Federal land, the County shall make a cash
equalization payment to the United States as necessary to
achieve equal value, including, if necessary, an amount in
excess of that authorized pursuant to section 206(b) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1716(b)).
(2) Use of funds.--Any cash equalization moneys received by
the Secretary under paragraph (1) shall be--
(A) deposited in the fund established under Public Law 90-
171 (commonly known as the ``Sisk Act''; 16 U.S.C. 484a); and
(B) made available to the Secretary for the acquisition of
land or interests in land in Region 3 of the Forest Service.
(3) Surplus of non-federal land value.--If the final
appraised value of the non-Federal land exceeds the final
appraised value of the Federal land, the United States shall
not make a cash equalization payment to the County, and
surplus value of the non-Federal land shall be considered a
donation by the County to the United States for all purposes
of law.
SEC. 5. WITHDRAWAL PROVISIONS.
Lands acquired by the Secretary under this Act are, upon
such acquisition, automatically and permanently withdrawn
from all forms of appropriation and disposal under the public
land laws (including the mining and mineral leasing laws) and
the Geothermal Steam Act of 1930 (30 U.S.C. 1001 et seq.).
SEC. 6. MANAGEMENT OF LAND.
Land acquired by the Secretary under this Act shall become
part of the Coconino National Forest and be managed in
accordance with the laws, rules, and regulations applicable
to the National Forest System.
SEC. 7. MAPS, ESTIMATES, AND DESCRIPTIONS.
(a) Minor Errors.--The Secretary and the County may, by
mutual agreement--
(1) make minor boundary adjustments to the Federal and non-
Federal lands involved in the exchange; and
(2) correct any minor errors in any map, acreage estimate,
or description of any land to be exchanged.
(b) Conflict.--If there is a conflict between a map, an
acreage estimate, or a description of land under this Act,
the map shall control unless the Secretary and the County
mutually agree otherwise.
(c) Availability.--The Secretary shall file and make
available for public inspection in the headquarters of the
Coconino National Forest a copy of all maps referred to in
this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arizona (Mr. Gosar) and the gentlewoman from Hawaii (Ms. Hanabusa) each
will control 20 minutes.
The Chair recognizes the gentleman from Arizona.
General Leave
Mr. GOSAR. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous materials on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arizona?
There was no objection.
Mr. GOSAR. Mr. Speaker, I yield myself such time as I may consume.
Like many of my colleagues from Western States, I represent rural
counties that are growing quickly but are hitting roadblocks due to the
large amount of Federal land in them. Yavapai County in my district is
no different.
My bill, the Cottonwood Land Exchange Act, is a commonsense land
exchange between the Forest Service and Yavapai County that would allow
the county to expand a park by adding new trails and bridges for the
residents of Cottonwood to enjoy.
In exchange for 80 acres in the Coconino National Forest, the county
has offered to the Forest Service nearly 370 acres of land adjacent to
the forest. This land is habitat for the endangered Arizona cliffrose,
and the exchange will allow for better protection and conservation of
the rose and other sensitive species.
H.R. 6146 is truly a win-win for both the residents of Yavapai County
and the Federal Government at no cost to the taxpayers.
Mr. Speaker, I urge adoption of the measure, and I reserve the
balance of my time.
Ms. HANABUSA. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this bill authorizes a land exchange between the U.S.
Forest Service and Yavapai County, Arizona. The Federal land that will
be conveyed to the county is surrounded by county-owned and private
land, including Windmill Park, a popular recreation destination for
local residents.
Yavapai County intends to manage the land as part of the park in an
effort to increase access and improve management efficiency. In
exchange, the Forest Service will receive a parcel of land adjacent to
Coconino National Forest that provides habitat for the cliffrose--an
endangered plant species. The bill ensures an equal value exchange
based on standard appraisal requirements--a critical safeguard that
guarantees a fair return for taxpayer-owned assets.
Mr. Speaker, I urge adoption of this measure, and I yield back the
balance of my time.
Mr. GOSAR. 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 Arizona (Mr. Gosar) that the House suspend the rules and
pass the bill, H.R. 6146, as amended.
=========================== NOTE ===========================
November 13, 2018, on page H9484, the following appeared: The
SPEAKER pro tempore. Thequestion is on the motion offered bythe
gentleman from Arizona (Mr.GOSAR) that the House suspend therules
and pass the bill, S. 6146, asamended.
The online version has been corrected to read: The SPEAKER pro
tempore. Thequestion is on the motion offered bythe gentleman from
Arizona (Mr.GOSAR) that the House suspend therules and pass the
bill, H.R. 6146, asamended.
========================= END NOTE =========================
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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