    [United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    117 STAT. 2867

    Public Law 108-190
    108th Congress

    An Act

    To provide for the exchange of certain lands in the Coconino and Tonto
    National Forests in Arizona, and for other purposes. <>

    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.

    [[Page 2868]]
    117 STAT. 2868

    (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 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 section 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.

    [[Page 2869]]
    117 STAT. 2869

    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 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

    [[Page 2870]]
    117 STAT. 2870

    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(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.

    Approved December 19, 2003.

    LEGISLATIVE HISTORY--H.R. 622
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    SENATE REPORTS: No. 108-137 (Comm. on Energy and Natural Resources).
    CONGRESSIONAL RECORD, Vol. 149 (2003):
    Apr. 1, considered and passed House.
    Nov. 24, considered and passed Senate, amended.
    Dec. 8, House concurred in Senate amendments.