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108th CONGRESS
1st Session
H. R. 622
To provide for the exchange of certain lands in the Coconino and Tonto
National Forests in Arizona, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 5, 2003
Mr. Renzi (for himself and Mr. Hayworth) introduced the following bill;
which was referred to the Committee on Resources
_______________________________________________________________________
A BILL
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.
(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 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.
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