[Senate Report 108-137]
[From the U.S. Government Publishing Office]
Calendar No. 261
108th Congress Report
SENATE
1st Session 108-137
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COCONINO AND TONTO NATIONAL FORESTS IN ARIZONA
_______
August 26, 2003.--Ordered to be printed
Filed under authority of the order of the Senate of July 29
(legislative day, July 21), 2003
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 622]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 622) 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,
reports favorably thereon with amendments and recommends that
the Act, as amended, do pass.
The amendments are as follows:
1. On page 3, line 23, insert ``(43 U.S.C. 1701 et seq.)''
after ``1976''.
2. On page 4, line 17, insert ``Land'' after ``Non-
Federal''.
3. On page 5, line 6, insert ``and'' before ``17''.
4. On page 5, line 17, strike ``of the'' and insert ``of''.
5. On page 5, line 22, insert ``(43 U.S.C. 1716(b))'' after
``FLPMA''.
6. On page 7, line 3, strike ``a map'' and insert ``the
map''.
7. On page 10, line 1, insert ``National'' before ``Park''.
8. On page 10, line 3, strike ``3(d)(1)'' and insert
``3(b)(1)''.
PURPOSE OF THE MEASURE
The purpose of H.R. 622 is to provide for the exchange of
approximately 330 acres of National Forest System lands in the
Coconino and Tonto National Forests in Arizona for 760 acres of
private land.
BACKGROUND AND NEED
This bill directs the Secretary of Agriculture to perform
two land exchanges:
The Montezuma Castle Land Exchange involves exchanging 222
acres of Federal land for 157 acres of private land to protect
riparian areas along Beaver Creek. This area is within the
view-shed for the Montezuma National Monument. The exchange
will also transfer Double Cabin Park to Federal ownership.
The Diamond Point Land Exchange will transfer 108 acres of
National Forest System land to the Diamond Point Summer Home
Association in exchange for 495 acres of private land that will
greatly increase the management efficiency and enhance the
public access, use, and enjoyment of the surrounding National
Forest System lands. The National Forest System lands have been
occupied by the association's 45 residential cabins since the
1950's the Tonto National Forest Plan specifically recommends
conveyance of the land to the cabin owners.
LEGISLATIVE HISTORY
H.R. 622 passed the House of Representatives on April 1,
2003. The Subcommittee on Public Lands and Forests held a
hearing on H.R. 622 on June 12, 2003. The Committee favorably
reported H.R. 622, on a voice vote, with amendments, on July
23, 2003. During the 107th Congress, a similar bill, H.R. 4919,
was reported by the House Committee on Resources (H. Rept. 107-
674) and was passed by the House of Representatives on
September 24, 2002.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on July 23, 2003, by a voice vote of a quorum
present, recommends that the Senate pass H.R. 622, if amended
as described herein.
COMMITTEE AMENDMENTS
The Committee on Energy and Natural Resources adopted
technical and clarifying amendments that corrected a number of
citations and clarified that the National Park Service would be
receiving some of the private lands to be acquired by the
Federal government in the exchange.
SECTION-BY-SECTION ANALYSIS
Section 1 provides the findings and purpose of the bill.
Section 2 provides definitions used in the bill.
Section 3 directs the Secretary of Agriculture to convey,
after receiving a binding offer from the Montezuma Castle Land
Exchange Joint Venture (MCJV), 222 acres of Federal lands
within the Tonto National Forest to MCJV. In exchange, the
Secretary will receive 157 acres of private lands adjacent to
the Montezuma National Monument and 108 acres of land in the
Double Cabin Park in the Coconino National Forest.
In addition, this section requires the exchange to be of
equal value.
Section 4 directs the Secretary of Agriculture to convey,
after receiving a binding offer from the Diamond Point Summer
Homes Association (DPSHA), approximately 108 acres of Federal
lands on the Tonto National Forest in exchange for 495 acres of
land known as the Diamond Point--Q ranch parcels.
In addition, this section requires the exchange to be of
equal value.
Subsection (e) directs the Secretary of Agriculture, upon
execution of the exchange to terminate all special use cabin
permits on the Federal lands.
Section 5 directs the Secretary to execute the exchanges no
later than 6 months after MCJV and DPSHA have tendered their
respective binding offers. It directs that the Secretary
perform necessary land surveys and pre-exchange clearances, but
that the cost of performing the work be paid by MCJV and DPSHA
for their relevant properties, except for costs of such work
that the Secretary is required, or elects, to have performed by
employees of the Department of Agriculture.
Subsection (c) requires the Secretary of Agriculture to
convey the Federal lands subject to valid existing rights,
including easements, rights-of-way, utility lines, and other
valid encumbrances, as of the date of conveyance.
Subsection (d) states that the lands acquired pursuant to
this Act, become part of the Tonto or Coconino National Forest
as appropriate. This section further states that the lands
shall be administered in accordance with the laws, rules, and
regulations generally applicable to the National Forest System,
including being made available for livestock grazing if
determined appropriate by the Secretary.
Subsection (e) directs the Secretary of the Agriculture to
transfer the administrative jurisdiction of the MCJV lands to
the National Park Service to be permanently administered by the
Secretary of the Interior as part of the Montezuma Castle
National Monument.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 31, 2003.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 622, an act to
provide for the exchange of certain lands in the Coconino and
Tonto National Forests in Arizona, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Robert A. Sunshine
(For Douglas Holtz-Eakin, Director).
Enclosure.
H.R. 622--An act to provide for the exchange of certain lands in the
Coconino and Tonto National Forests in Arizona, and for other
purposes
CBO estimates that enacting H.R. 622 would not
significantly affect the federal budget. The act would affect
direct spending (including offsetting receipts), but we
estimate that any net change in direct spending would be
insignificant. H.R. 622 contains no intergovernmental or
private-sector mandates as defined in the Unfunded Mandates
Reform Act and would have no significant impact on the budgets
of state, local, or tribal governments.
H.R. 622 would authorize the Secretary of Agriculture to
convey to two private parties about 330 acres of federal lands
in Arizona in exchange for roughly 760 acres of other lands
owned by those parties. If those lands are not equal in value,
the Secretary could make or accept cash equalization payments.
The act would authorize the Secretary to spend any receipts
from such payments to acquire nonfederal lands in Arizona.
CBO estimates that enactment of H.R. 622 would result in an
insignificant increase in direct spending. According to the
agency, the federal lands to be conveyed currently generate
offsetting receipts (a credit against direct spending) from
special use permits totaling less than $20,000 a year. Those
receipts would be forgone if H.R. 622 is enacted. Based on
information from the agency, we estimate that any cash
equalization payments received under H.R. 622 would total less
than $500,000. We also estimate that the agency would spend
receipts from such payments in the same year they are received
and that any resulting net change in direct spending would be
negligible.
The CBO staff contact for this estimate is Megan Carroll.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out H.R. 622. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of H.R. 622, as ordered reported.
EXECUTIVE COMMUNICATIONS
The Committee on Energy and Natural Resources has requested
legislative reports from the Department of Agriculture and the
Office of Management and Budget setting forth Executive agency
recommendations on H.R. 622. These reports had not been
received at the time the report on H.R. 622 was filed. When the
reports become available, the Chairman will request that they
be printed in the Congressional Record for the advice of the
Senate. The testimony provided by the United States Forest
Service at the Subcommittee hearing follows:
Statement of Tom Thompson, Deputy Chief, National Forest System, Forest
Service, Department of Agriculture
H.R. 622 directs the Secretary to exchange approximately
108 acres of National Forest System land within the Tonto
National Forest, northeast of Payson, Arizona and currently
occupied by 45 residential cabins under special use permits,
for 495 acres of non-federal land (known as the Q Ranch) within
the Tonto National Forest, east of Young, Arizona. This
exchange is identified in the bill as the Diamond Point/Q Ranch
Land Exchange.
The bill also directs the Secretary to exchange
approximately 222 acres of National Forest System land within
the Tonto National Forest adjacent to the Town of Payson near
the municipal airport for roughly 157 acres of private land
(owned by Montezuma Castle Land Exchange Joint Venture)
adjacent to the Montezuma Castle National Monument and nearly
108 acres of private land known as Double Cabin Park Lands.
Both of the private parcels are within the Coconino National
Forest boundary.
H.R. 622 requires that the values of the non-Federal and
Federal land to be exchanged be equal or equalized, as
determined by the Secretary through an appraisal by a qualified
appraiser and performed in conformance with the Uniform
Appraisal Standards for Federal Land Acquisitions and Federal
Land Policy and Management Act of 1976.
The bill requires the Secretary to execute the Montezuma
Castle and Diamond Point land exchanges within 6 months after
receipt of an offer from the private landowners, unless the
Secretary and the private landowners mutually agree to extend
such deadline.
The Department supports the concept of exchanging the
National Forest System lands, which were identified in H.R.
622; however, we would like to work with the Committee
regarding the priorities for deleting Federal properties from
the exchange to ensure that a manageable land ownership pattern
remains.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the Act, H.R. 622, as
ordered reported.