Text: H.R.622 — 108th Congress (2003-2004)All Information (Except Text)

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Public Law No: 108-190 (12/19/2003)

 
[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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