[108th Congress Public Law 190]
[From the U.S. Government Printing Office]
[DOCID: f:publ190.108]
[[Page 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. <<NOTE: Dec. 19,
2003 - [H.R. 622]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: 16 USC 431
note.>> 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 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 <<NOTE: Applicability.>> 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 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 <<NOTE: Applicability.>> 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 <<NOTE: Deadline.>> 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 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.
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