Text: H.R.4919 — 107th Congress (2001-2002)All Information (Except Text)

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Referred in Senate (09/25/2002)

 
[Congressional Bills 107th Congress]
[From the U.S. Government Printing Office]
[H.R. 4919 Referred in Senate (RFS)]

  2d Session
                                H. R. 4919


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 25, 2002

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 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. SHORT TITLE.

    This Act may be cited as the ``Tonto and Coconino National Forests 
Land Exchange Act''.

       TITLE I--TONTO AND COCONINO NATIONAL FORESTS LAND EXCHANGE

SEC. 101. 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 title 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 title.

SEC. 102. DEFINITIONS.

    As used in this title:
            (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 title.
            (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 
        title.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, unless otherwise specified.

SEC. 103. 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. 104. 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. 105. MISCELLANEOUS PROVISIONS.

    (a) Exchange Timetable.--Not later than 6 months after the 
Secretary receives an offer under section 103 or 104, the Secretary 
shall execute the exchange under section 103 or 104, 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 title, 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 103 or section 104(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 title, 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 title 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 title. 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 title 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 103(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.

          TITLE II--MENDOCINO NATIONAL FOREST LAND CONVEYANCE

SEC. 201. LAND CONVEYANCE, FARAWAY RANCH, MENDOCINO NATIONAL FOREST, 
              CALIFORNIA.

    (a) Conveyance Required.--Subject to subsection (b), the Secretary 
of Agriculture shall convey to the owner of the property known as the 
Faraway Ranch in Lake County, California (in this section referred to 
as the ``recipient''), by quitclaim deed, all right, title, and 
interest of the United States in and to the following National Forest 
System lands in Mendocino National Forest in Lake County, California:
            (1) ``Faraway Ranch, Tract 39'' (approximately 15.8 acres) 
        consisting of a portion of lot 6 of section 4, township 18 
        north, range 10 west, Mount Diablo base and meridian, as 
        generally depicted on the map entitled ``Faraway Ranch, Tracts 
        39 and 40'' and dated June 30, 2002.
            (2) ``Faraway Ranch, Tract 40'' (approximately 105.1 acres) 
        consisting of a portion of the N\1/2\SW\1/4\ and lot 7 of 
        section 4, and a portion of lots 15 and 16 of section 5, 
        township 18 north, range 10 west, Mount Diablo base and 
        meridian, as generally depicted on the map entitled ``Faraway 
        Ranch, Tracts 39 and 40'' and dated June 30, 2002.
    (b) Time for Conveyance.--The Secretary shall make the conveyance 
under subsection (a) not later than 120 days after the date on which 
the recipient deposits sufficient funds with the Bureau of Land 
Management, California State Office, Branch of Geographic Services, to 
cover survey work costs and with the Forest Service, Mendocino National 
Forest, to cover Forest Service direct transaction costs described in 
subsection (e).
    (c) Corrections.--With the agreement of the recipient, the 
Secretary may make minor corrections to the legal descriptions and map 
of the lands to be conveyed pursuant to this section.
    (d) Consideration.--As consideration for the conveyance under 
subsection (a), the recipient shall pay to the Secretary an amount 
equal to the fair market value of the National Forest System lands 
conveyed under such subsection. The fair market value of such lands 
shall be determined by an appraisal that is acceptable to the Secretary 
and conforms with the Federal appraisal standards, as defined in the 
Uniform Appraisal Standards for Federal Land Acquisitions developed by 
the Interagency Land Acquisition Conference.
    (e) Payment of Costs.--All direct transaction costs associated with 
the conveyance under section (a), including the costs of appraisal, 
title, and survey work, shall be paid by the recipient.
    (f) Use of Proceeds.--
            (1) Deposit.--The Secretary shall deposit the amounts 
        received by the Secretary as consideration under subsection (d) 
        in the fund established by Public Law 90-171 (commonly known as 
        the Sisk Act; 16 U.S.C. 484a).
            (2) Use.--Funds deposited under paragraph (1) shall be 
        available to the Secretary until expended, without further 
        appropriation--
                    (A) for the acquisition of land and interests in 
                land for National Forest System purposes in the State 
                of California; and
                    (B) for reimbursement of costs incurred by the 
                Forest Service in making the conveyance under 
                subsection (a).
            (3) Status of acquired land.--Notwithstanding Public Law 
        85-862 (16 U.S.C. 521a), any lands acquired under paragraph 
        (2)(A) shall be managed as lands acquired under the March 1, 
        1911 (commonly known as the Weeks Act; 16 U.S.C. 480, 500, 515 
        et seq.), regardless of whether any of the lands conveyed under 
        subsection (a) were reserved from the public domain.
    (g) Withdrawal.--Subject to valid existing rights, the lands to be 
conveyed under subsection (a) are hereby withdrawn from all forms of 
location, entry, and patent

under the public land laws and the mining and mineral leasing laws of 
the United States.

            Passed the House of Representatives September 24, 2002.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

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