To provide for the exchange of certain lands in the Coconino and Tonto National Forests in Arizona, and for other purposes.
Legislative Activity
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Became Public Law No: 108-190.
December 19, 2003
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Introduced in House
February 5, 2003
Referred to the House Committee on Resources.
February 5, 2003
Sponsor introductory remarks on measure. (CR E150-151)
February 6, 2003
Referred to the Subcommittee on Forests and Forest Health.
February 12, 2003
Mr. Renzi moved to suspend the rules and pass the bill.
April 1, 2003 • 1:21 PM
Considered under suspension of the rules. (consideration: CR H2533-2534)
April 1, 2003 • 1:21 PM
DEBATE - The House proceeded with forty minutes of debate on H.R. 622.
April 1, 2003 • 1:21 PM
Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H2533-2534)
April 1, 2003 • 1:25 PM
On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H2533-2534)
April 1, 2003 • 1:25 PM
Motion to reconsider laid on the table Agreed to without objection.
April 1, 2003 • 1:25 PM
Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
April 2, 2003
Committee on Energy and Natural Resources Subcommittee on Public Lands and Forests. Hearings held.
June 12, 2003
Committee on Energy and Natural Resources. Ordered to be reported with an amendment favorably.
July 23, 2003
Committee on Energy and Natural Resources. Reported by Senator Domenici under authority of the order of the Senate of 07/29/03 legislative day 07/21/03 with amendments. With written report No. 108-137.
August 26, 2003
Placed on Senate Legislative Calendar under General Orders. Calendar No. 261.
August 26, 2003
Passed Senate with amendments by Unanimous Consent. (consideration: CR S15865-15872; text of measure as reported in Senate: CR S15870 )
November 24, 2003
Message on Senate action sent to the House.
November 25, 2003
Mr. Renzi asked unanimous consent that the House agree to the Senate amendments. (consideration: CR H12866)
December 8, 2003 • 5:25 PM
Resolving differences -- House actions: On motion that the House agree to the Senate amendments Agreed to without objection.(text as House agreed to Senate amendments: CR H12866)
December 8, 2003
On motion that the House agree to the Senate amendments Agreed to without objection. (text as House agreed to Senate amendments: CR H12866)
December 8, 2003 • 5:26 PM
Motion to reconsider laid on the table Agreed to without objection.
December 8, 2003 • 5:26 PM
Presented to President.
December 12, 2003
Signed by President.
December 19, 2003
Became Public Law No: 108-190.
December 19, 2003
Floor Debate
8 membersWhat members said about H.R. 622 on the floor




+3
Floor Debate
8 membersWhat members said about H.R. 622 on the floor
Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet on Wednesday, July 23, 2003, at 9:30 a.m. on Public Interest and Localism in…
Mr. President, I ask unanimous consent that the Committee on Agriculture, Nutrition, and Forestry be authorized to conduct a hearing during the session of the Senate on Thursday, June 12, 2003. The…
Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 622) to provide for the exchange of certain lands in the Coconino and Tonto National Forests in Arizona, and for other purposes. Mr.…
Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Subcommittee on Public Land and Forests of the Committee on…
Mr. Speaker, H.R. 622, the Coconino and Tonto National Forests Land Exchange Act authorizes, directs and expedites two land exchanges in the Coconino and Tonto National Forests in Arizona: the…
Show 6 more
Mr. President, I ask unanimous consent that it be in order for the Senate to proceed en bloc to the consideration of the following calendar items: Calendar No. 41, S. 425; Calendar No. 255, S. 391;…
Mr. Speaker, I yield myself such time as I may consume. (Ms. BORDALLO asked and was given permission to revise and extend her remarks.) Mr. Speaker, H.R. 622, the Tonto and Coconino National Forest…
Mr. President, I wish to announce that the Committee on Rules and Administration will meet at 9:30 a.m., Tuesday, June 17, 2003, in Room 301 Russell Senate Office Building, to conduct a hearing on…
Mr. Speaker, I ask unanimous consent to take from the Speaker's table the bill (H.R. 622) to provide for the exchange of certain lands in the Coconino and Tonto National Forests in Arizona, and for…
Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material in the Record on H.R. 622, H.R. 762, and…
Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks on H.R. 1012, H.R. 1006, and H.R. 622.
Bill Text
7 versions available
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 622 Enrolled Bill (ENR)]
H.R.622
One Hundred Eighth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three
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. 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.
(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 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. 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 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 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 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.