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107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-674

======================================================================



 
         TONTO AND COCONINO NATIONAL FORESTS LAND EXCHANGE ACT

                                _______
                                

 September 24, 2002.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 4919]

  The Committee on Resources, to whom was referred the bill 
(H.R. 4919) to provide for the exchange of certain lands in the 
Coconino and Tonto National Forests in Arizona, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

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

SEC. 2. 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. 3. 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. 4. 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. 5. 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. 6. MISCELLANEOUS PROVISIONS.

  (a) Exchange Timetable.--Not later than 6 months after the Secretary 
receives an offer under section 4 or 5, the Secretary shall execute the 
exchange under section 4 or 5, 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 4 or 
section 5(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 4(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.

                          PURPOSE OF THE BILL

    The purpose of H.R. 4919 is to provide for the exchange of 
certain lands in the Coconino and Tonto National Forests in 
Arizona, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    This bill directs the Secretary of Agriculture (U.S. Forest 
Service) to perform two land exchanges: the Montezuma Castle 
Land Exchange in the Coconino National Forest in Arizona, and 
the Diamond Point Land Exchange in the Tonto National Forest, 
also in Arizona. The bill requires that the exchanges be equal-
value exchanges as required by Federal Lands Policy Management 
Act, with the value determined through fair market appraisal in 
accordance with the Uniform Appraisal Standards for Federal 
Land Acquisitions.
    Montezuma Castle Land Exchange: The Forest Service will 
acquire a 157-acre parcel of private land adjacent to Montezuma 
Castle National Monument, which it will re-convey to the 
National Park Service, and the 108-acre ``Double Cabin Park'' 
parcel, both in the Coconino National Forest. In the exchange, 
the Montezuma Castle Land Exchange Joint Venture, an Arizona 
partnership, will receive approximately 122 acres of National 
Forest System land adjacent to the Town of Payson Municipal 
Airport.
    The Montezuma Castle land exchange will protect riparian 
areas along Beaver Creek, the view-shed for the National 
Monument, and it will transfer Double Cabin Park to federal 
ownership. On March 17, 2002, the Town of Payson adopted a 
resolution in support of the land exchange.
    Diamond Point Land Exchange: In this land exchange, the 
Forest Service will receive a 495-acre parcel known as the ``Q 
Ranch'' in an area where it has completed previous acquisitions 
and consolidated federal holdings. In exchange, the Diamond 
Point Summer Homes Association will acquire 108 acres of 
federal land which have been occupied by the Association's 45 
residential cabins since the 1950s. The Tonto National Forest 
Plan specifically recommends conveyance of the federal land to 
the cabin owners.
    The Diamond Point Land Exchange will transfer public land 
of limited public use to the Association in exchange for 
private lands that will greatly increase the management 
efficiency and enhance the public access, use, and enjoyment of 
the surrounding National Forest lands.
    The following groups have endorsed the proposed land 
exchange: Diamond Point Summer Homes Association, National Park 
Service, Payson Regional Economic Development Corp., 
Conservation Fund, Town of Payson, Gila County Board of 
Supervisors, and Rim County Regional Chamber of Commerce.

                            COMMITTEE ACTION

    H.R. 4919 was introduced on June 12, 2002, by Congressman 
J.D. Hayworth (R-AZ). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Forests and Forest Health. On June 20, 2002, the Subcommittee 
held a hearing on the bill. On July 24, 2002, the Full 
Resources Committee met to consider the bill. The Subcommittee 
was discharged from further consideration by unanimous consent. 
On September 12, 2002, the Full Committee continued 
consideration of the bill. Mr. Hayworth offered amendments en 
bloc to clarify that if endangered species, wetlands, or 
hazardous materials are found on the land to be transferred, 
the transfer will not occur; to reduce the size of the Double 
Cabin Park from 143 acres to 108 acres; to transfer the 157-
acre parcel adjacent to Montezuma Castle National Monument 
directly to the National Park Service; and to make some 
technical corrections. It was adopted by voice vote. The bill 
as amended was then ordered favorably reported to the House of 
Representatives by voice vote.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. The Committee believes that 
enactment of this legislation will have little impact on the 
federal budget, as it involves two equal-value land exchanges.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, credit 
authority, or an increase or decrease in tax expenditures. If 
cash equalization payments are required, then the Secretary of 
Agriculture can receive and spend any funds received under the 
Sisk Act.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has requested but not received a cost 
estimate for this bill from the Director of the Congressional 
Budget Office.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.