Cottonwood Land Exchange Act of 2019

II 116TH CONGRESS 1ST SESSION S. 48 To authorize, direct, expedite, and facilitate a land exchange in Yavapai County, Arizona, and for other purposes. IN THE SENATE OF THE UNITED STATES JANUARY 8, 2019 Ms. MCSALLY (for herself and Ms. SINEMA) introduced the following bill; which was read twice and referred to the Committee on Energy and Nat- ural Resources A BILL To authorize, direct, expedite, and facilitate a land exchange in Yavapai County, Arizona, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Cottonwood Land Ex- 4 change Act of 2019’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) COUNTY.—The term ‘‘County’’ means 8 Yavapai County, Arizona. 9 VerDate Sep 11 2014 02:10 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S48.IS S48 kjohnson on DSK79L0C42 with BILLS 2 •S 48 IS (2) FEDERAL LAND.—The term ‘‘Federal land’’ 1 means all right, title, and interest of the United 2 States in and to approximately 80 acres of land 3 within the Coconino National Forest, in Yavapai 4 County, Arizona, generally depicted as ‘‘Coconino 5 National Forest Parcels ‘Federal Land’ ’’ on the 6 map. 7 (3) MAP.—The term ‘‘map’’ means the map en- 8 titled ‘‘Cottonwood Land Exchange’’, with the revi- 9 sion date July 5, 2018\Version 1. 10 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed- 11 eral land’’ means the approximately 369 acres of 12 land in Yavapai County, Arizona, generally depicted 13 as ‘‘Yavapai County Parcels ‘Non-Federal Land’ ’’ 14 on the map. 15 (5) SECRETARY.—The term ‘‘Secretary’’ means 16 the Secretary of Agriculture, unless otherwise speci- 17 fied. 18 SEC. 3. LAND EXCHANGE. 19 (a) IN GENERAL.—If the County offers to convey to 20 the Secretary all right, title, and interest of the County 21 in and to the non-Federal land, the Secretary shall accept 22 the offer and simultaneously convey to the County all 23 right, title, and interest of the United States to the Fed- 24 eral land. 25 VerDate Sep 11 2014 02:10 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S48.IS S48 kjohnson on DSK79L0C42 with BILLS 3 •S 48 IS (b) LAND TITLE.—Title to the non-Federal land con- 1 veyed to the Secretary under this Act shall be acceptable 2 to the Secretary and shall conform to the title approval 3 standards of the Attorney General of the United States 4 applicable to land acquisitions by the Federal Government. 5 (c) EXCHANGE COSTS.—The County shall pay for all 6 land survey, appraisal, and other costs to the Secretary 7 as may be necessary to process and consummate the ex- 8 change under this Act, including reimbursement to the 9 Secretary, if the Secretary so requests, for staff time spent 10 in such processing and consummation. 11 SEC. 4. EQUAL VALUE EXCHANGE AND APPRAISALS. 12 (a) APPRAISALS.—The values of the lands to be ex- 13 changed under this Act shall be determined by the Sec- 14 retary through appraisals performed— 15 (1) in accordance with— 16 (A) the Uniform Appraisal Standards for 17 Federal Land Acquisitions; 18 (B) the Uniform Standards of Professional 19 Appraisal Practice; and 20 (C) appraisal instructions issued by the 21 Secretary; and 22 (2) by an appraiser mutually agreed to by the 23 Secretary and the County. 24 VerDate Sep 11 2014 02:10 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S48.IS S48 kjohnson on DSK79L0C42 with BILLS 4 •S 48 IS (b) EQUAL VALUE EXCHANGE.—The values of the 1 Federal and non-Federal land parcels exchanged shall be 2 equal, or if they are not equal, shall be equalized as fol- 3 lows: 4 (1) SURPLUS OF FEDERAL LAND VALUE.—If 5 the final appraised value of the Federal land exceeds 6 the final appraised value of the non-Federal land, 7 the County shall make a cash equalization payment 8 to the United States as necessary to achieve equal 9 value, including, if necessary, an amount in excess of 10 that authorized pursuant to section 206(b) of the 11 Federal Land Policy and Management Act of 1976 12 (43 U.S.C. 1716(b)). 13 (2) USE OF FUNDS.—Any cash equalization 14 moneys received by the Secretary under paragraph 15 (1) shall be— 16 (A) deposited in the fund established under 17 Public Law 90–171 (commonly known as the 18 ‘‘Sisk Act’’; 16 U.S.C. 484a); and 19 (B) made available to the Secretary for the 20 acquisition of land or interests in land in Re- 21 gion 3 of the Forest Service. 22 (3) SURPLUS OF NON-FEDERAL LAND VALUE.— 23 If the final appraised value of the non-Federal land 24 exceeds the final appraised value of the Federal 25 VerDate Sep 11 2014 02:10 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S48.IS S48 kjohnson on DSK79L0C42 with BILLS 5 •S 48 IS land, the United States shall not make a cash 1 equalization payment to the County, and surplus 2 value of the non-Federal land shall be considered a 3 donation by the County to the United States for all 4 purposes of law. 5 SEC. 5. WITHDRAWAL PROVISIONS. 6 Lands acquired by the Secretary under this Act are, 7 upon such acquisition, automatically and permanently 8 withdrawn from all forms of appropriation and disposal 9 under the public land laws (including the mining and min- 10 eral leasing laws) and the Geothermal Steam Act of 1930 11 (30 U.S.C. 1001 et seq.). 12 SEC. 6. MANAGEMENT OF LAND. 13 Land acquired by the Secretary under this Act shall 14 become part of the Coconino National Forest and be man- 15 aged in accordance with the laws, rules, and regulations 16 applicable to the National Forest System. 17 SEC. 7. MAPS, ESTIMATES, AND DESCRIPTIONS. 18 (a) MINOR ERRORS.—The Secretary and the County 19 may, by mutual agreement— 20 (1) make minor boundary adjustments to the 21 Federal and non-Federal lands involved in the ex- 22 change; and 23 VerDate Sep 11 2014 02:10 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S48.IS S48 kjohnson on DSK79L0C42 with BILLS 6 •S 48 IS (2) correct any minor errors in any map, acre- 1 age estimate, or description of any land to be ex- 2 changed. 3 (b) CONFLICT.—If there is a conflict between a map, 4 an acreage estimate, or a description of land under this 5 Act, the map shall control unless the Secretary and the 6 County mutually agree otherwise. 7 (c) AVAILABILITY.—The Secretary shall file and 8 make available for public inspection in the headquarters 9 of the Coconino National Forest a copy of all maps re- 10 ferred to in this Act. 11 Æ VerDate Sep 11 2014 02:10 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S48.IS S48 kjohnson on DSK79L0C42 with BILLS