[House Report 107-674]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-674
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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.