Page:United States Statutes at Large Volume 117.djvu/2887

 117 STAT. 2868

PUBLIC LAW 108–190—DEC. 19, 2003 (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.

Applicability.

VerDate 11-MAY-2000

13:59 Aug 30, 2004

(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.

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