I 

108TH CONGRESS 

1ST SESSION H. R. 2907

To provide for a land exchange in the State of Arizona between the Secretary 

of Agriculture and Yavapai Ranch Limited Partnership. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 25, 2003

Mr. RENZI (for himself and Mr. HAYWORTH) introduced the following bill; 

which was referred to the Committee on Resources 

A BILL

To provide for a land exchange in the State of Arizona 

between the Secretary of Agriculture and Yavapai Ranch 

Limited Partnership.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Northern Arizona Na5 tional Forest Land Exchange Act of 2003’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds that—

8 (1) certain parcels of private land in the ap9 proximately 170 square miles of land commonly 

10 known as the ‘‘Yavapai Ranch’’ and located in 
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1 Yavapai County, Arizona, are intermingled with Na2 tional Forest System land owned by the United 

3 States and administered by the Secretary of Agri4 culture as part of Prescott National Forest; 

5 (2) the private land is owned by the Yavapai 

6 Ranch Limited Partnership and the Northern 

7 Yavapai, L.L.C., in an intermingled checkerboard 

8 pattern, with the United States or Yavapai Ranch 

9 Limited Partnership and the Northern Yavapai, 

10 L.L.C., owning alternate square mile sections of 

11 land or fractions of square mile sections; 

12 (3) a significant portion of the private land 

13 within the checkerboard area (including the land lo14 cated in or near the Pine Creek watershed, Juniper 

15 Mesa Wilderness Area, Haystack Peak, and the Luis 

16 Maria Baca Float No. 5) is located in environ17 mentally valuable areas that possess attributes for 

18 public management, use, and enjoyment, including—

19 (A) outdoor recreation; 

20 (B) preservation of stands of old growth 

21 forest; 

22 (C) largely unfragmented habitat for ante23 lope, deer, elk, mountain lion, wild turkey, and 

24 other wildlife species; 

25 (D) scientific research; 
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1 (E) rangeland; 

2 (F) cultural and archaeological resources; 

3 and 

4 (G) scenic vistas; 

5 (4) the checkerboard ownership pattern of pri6 vate and public land within Prescott National Forest 

7 impedes sound and efficient management of the 

8 intermingled National Forest System land; 

9 (5) if the private land in the checkerboard area 

10 is subdivided or developed, the intermingled National 

11 Forest System land will become highly fragmented 

12 and lose much of the value of the land for wildlife 

13 habitat and future public access, use, and enjoy14 ment; 

15 (6) acquisition by the United States of certain 

16 parcels of land that have been offered by Yavapai 

17 Ranch Limited Partnership and the Northern 

18 Yavapai, L.L.C., for addition to Prescott National 

19 Forest will serve important public objectives, includ20 ing—

21 (A) acquiring private land that meets the 

22 criteria for inclusion in the National Forest 

23 System in exchange for land with lower public, 

24 environmental, and ecological values; 
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1 (B) consolidating a large area of National 

2 Forest System land to preserve—

3 (i) permanent public access, use, and 

4 enjoyment of the land; and 

5 (ii) efficient management of the land; 

6 (C) minimizing cash outlays by the United 

7 States to achieve the objectives described in 

8 subparagraphs (A) and (B); and 

9 (D) reducing administrative costs to the 

10 United States through—

11 (i) consolidation of Federal land hold12 ings for more efficient land management 

13 and planning; 

14 (ii) elimination of approximately 350 

15 miles of boundary between private land 

16 and the Federal parcels; and 

17 (iii) reduction of right-of-way, special 

18 use, and other permit processing and 

19 issuance for roads and other facilities on 

20 National Forest System land; 

21 (7) parcels of National Forest System land have 

22 been identified for conveyance to Yavapai Ranch 

23 Limited Partnership or the Northern Yavapai, 

24 L.L.C., through a land exchange because the par25 cels—
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1 (A) have significantly lower recreational, 

2 wildlife, ecological, and other public purpose 

3 values than the land to be acquired by the 

4 United States; and 

5 (B) are encumbered by special use permits 

6 and rights-of-way for a variety of purposes (in7 cluding summer youth camps, municipal water 

8 treatment facilities, sewage treatment facilities, 

9 city parks, and airport-related facilities) that—

10 (i) limit the usefulness of the parcels 

11 for general National Forest System pur12 poses; but 

13 (ii) are logical for pass-through con14 veyances from Yavapai Ranch Limited 

15 Partnership and the Northern Yavapai, 

16 L.L.C., to the permit or right-of-way hold17 ers; 

18 (8) because there are limited water resources on 

19 the National Forest System land available for future 

20 water users and the unlimited use of the water re21 sources would have adverse long-term impacts on ex22 isting and future water users and State water right 

23 holders and the Verde River and National Forest 

24 System land retained by the United States, limits on 
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1 water use should be established on the National For2 est System land that—

3 (A) is located near the communities of 

4 Camp Verde, Cottonwood, and Clarkdale; and 

5 (B) is to be conveyed by the United States 

6 to Yavapai Ranch Limited Partnership or the 

7 Northern Yavapai, L.L.C.; and 

8 (9) under section 402(g) of the Federal Land 

9 Policy and Management Act of 1976 (43 U.S.C. 

10 1752(g)), the land exchange provided for in this Act 

11 shall cause a hardship for persons holding grazing 

12 permits for that land and compensation shall be pro13 vided. 

14 (b) PURPOSE.—The purpose of this Act is to author15 ize, direct, and facilitate the exchange of Federal land and 

16 non-Federal land between the United States, Yavapai 

17 Ranch Limited Partnership, and the Northern Yavapai, 

18 L.L.C. 

19 SEC. 3. DEFINITIONS. 

20 In this Act: 

21 (1) CAMP.—The term ‘‘camp’’ means Camp 

22 Pearlstein, Friendly Pines, Patterdale Pines, Pine 

23 Summit, Sky Y, and YoungLife Lost Canyon camps 

24 in the State of Arizona. 
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1 (2) FEDERAL LAND.—The term ‘‘Federal land’’ 

2 means the land described in section 4(a)(2). 

3 (3) MANAGEMENT PLAN.—The term ‘‘Manage4 ment Plan’’ means the land and resource manage5 ment plan for Prescott National Forest. 

6 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed7 eral land’’ means the approximately 35,000 acres of 

8 non-Federal land located within the boundaries of 

9 Prescott National Forest, as generally depicted on 

10 the map entitled ‘‘Yavapai Ranch Non-Federal 

11 Lands’’, dated April 2002. 

12 (5) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of Agriculture. 

14 (6) YAVAPAI RANCH.—The term ‘‘Yavapai 

15 Ranch’’ means—

16 (A) the Yavapai Ranch Limited Partner17 ship, an Arizona Limited Partnership; and 

18 (B) the Northern Yavapai, L.L.C., an Ari19 zona Limited Liability Company.

20 SEC. 4. LAND EXCHANGE. 

21 (a) CONVEYANCE OF FEDERAL LAND BY THE

22 UNITED STATES.—

23 (1) IN GENERAL.—On receipt of an offer from 

24 Yavapai Ranch to convey the non-Federal land, the 

25 Secretary shall convey to Yavapai Ranch by deed ac-
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1 ceptable to Yavapai Ranch, subject to easements, 

2 rights-of-way, utility lines, and any other valid en3 cumbrances on the Federal land in existence on the 

4 date of enactment of this Act and any other reserva5 tions that may be agreed to by the Secretary and 

6 Yavapai Ranch, all right, title, and interest of the 

7 United States in and to the Federal land described 

8 in paragraph (2). 

9 (2) DESCRIPTION OF FEDERAL LAND.—The 

10 Federal land referred to in paragraph (1) shall con11 sist of the following: 

12 (A) Certain land comprising approximately 

13 15,300 acres located in Yavapai County, Ari14 zona, as generally depicted on the map entitled 

15 ‘‘Yavapai Ranch-Ranch Area Federal Lands’’, 

16 dated April 2002. 

17 (B) Certain land in the Coconino National 

18 Forest, Coconino County Arizona—

19 (i) comprising approximately 1,500 

20 acres located in Coconino National Forest, 

21 Coconino County, Arizona, as generally de22 picted on the map entitled ‘‘Flagstaff Fed23 eral Lands-Airport Parcel’’, dated April 

24 2002; and 
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1 (ii) comprising approximately 28.26 

2 acres in 2 separate parcels, as generally 

3 depicted on the map entitled ‘‘Flagstaff 

4 Federal Lands—Wetzel School and Mt. 

5 Elden Parcels’’, dated September 2002. 

6 (C) Certain land referred to as Williams 

7 Airport, Williams golf course, Williams Sewer, 

8 Buckskinner Park, Williams Railroad, and Well 

9 parcels numbers 2, 3, and 4, comprising ap10 proximately 950 acres, located in Kaibab Na11 tional Forest, Coconino County, Arizona, as 

12 generally depicted on the map entitled ‘‘Wil13 liams Federal Lands’’, dated April 2002. 

14 (D) Certain land comprising approximately 

15 2,200 acres located in Prescott National Forest, 

16 Yavapai County, Arizona, as generally depicted 

17 on the map entitled ‘‘Camp Verde Federal 

18 Land—General Crook Parcel’’, dated April 

19 2002. 

20 (E) Certain land comprising approximately 

21 820 acres located in Prescott National Forest 

22 in Yavapai County, Arizona, as generally de23 picted on the map entitled ‘‘Cottonwood/

24 Clarkdale Federal Lands’’, dated April 2002. 
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1 (F) Certain land comprising approximately 

2 237.5 acres located in Kaibab National Forest, 

3 Coconino County, Arizona, as generally depicted 

4 on the map entitled ‘‘Younglife Lost Canyon’’, 

5 dated April 2002. 

6 (G) Certain land comprising approximately 

7 200 acres located in Prescott National Forest, 

8 Yavapai County, Arizona, and including Friend9 ly Pines, Patterdale Pines, Camp Pearlstein, 

10 Pine Summit, and Sky Y, as generally depicted 

11 on the map entitled ‘‘Prescott Federal Lands—

12 Summer Youth Camp Parcels’’, dated April 

13 2002. 

14 (H) Perpetual, unrestricted, and nonexclu15 sive easements that—

16 (i) run with and benefit land owned 

17 by or conveyed to Yavapai Ranch across 

18 certain land of the United States; 

19 (ii) are for the purposes of—

20 (I) operating, maintaining, re21 pairing, improving, and replacing elec22 tric power lines or water pipelines (in23 cluding related storage tanks, valves, 

24 pumps, and hardware); and 
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1 (II) providing rights of reason2 able ingress and egress necessary for 

3 the activities described in subclause 

4 (I); 

5 (iii) are 20 feet in width; and 

6 (iv) are located 10 feet on either side 

7 of each line depicted on the map entitled 

8 ‘‘YRLP Acquired Easements for Water 

9 Lines’’, dated April 2002. 

10 (3) CONDITIONS.—

11 (A) PERMITS.—Permits or other legal oc12 cupancies of the Federal land by third parties 

13 in existence on the date of transfer of the Fed14 eral land to Yavapai Ranch shall be addressed 

15 in accordance with—

16 (i) part 254.15 of title 36, Code of 

17 Federal Regulations (or any successor reg18 ulation); and 

19 (ii) other applicable laws (including 

20 regulations). 

21 (B) ESTABLISHMENT OF CONSERVATION

22 EASEMENTS ON CERTAIN PARCELS.—

23 (i) IN GENERAL.—To conserve water 

24 in the Verde Valley, Arizona, and to mini25 mize the adverse impacts from future de-
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1 velopment of the parcels described in sub2 paragraphs (D) and (E) of paragraph (2) 

3 on current and future users of water and 

4 holders of water rights in existence on the 

5 date of enactment of this Act and the 

6 Verde River and National Forest System 

7 land retained by the United States, the 

8 United States shall limit in perpetuity the 

9 use of water on the parcels by establishing 

10 conservation easements that—

11 (I) prohibit golf course develop12 ment on the parcels; 

13 (II) require that public parks and 

14 greenbelts on the parcels be watered 

15 with treated effluent; 

16 (III)(aa) with respect to the par17 cel described in paragraph (2)(D), 

18 limit total post-exchange water use to 

19 not more than 700 acre-feet of water 

20 per year; and 

21 (bb) with respect to the parcel 

22 described in paragraph (2)(E), limit 

23 total post-exchange water use to not 

24 more than 150 acre-feet of water per 

25 year; and 
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1 (IV) except for water supplied to 

2 the parcels described in subpara3 graphs (D) and (E) of paragraph (2) 

4 by municipal water service providers 

5 or private water companies, require 

6 that any water used for the parcels 

7 not be withdrawn from wells per8 forated in the saturated Holocene al9 luvium of the Verde River. 

10 (ii) RECORDATION.—The conservation 

11 easements described in clause (i) shall be 

12 recorded in the title to parcels described in 

13 subparagraphs (D) and (E) of paragraph 

14 (2) that are conveyed by the Secretary to 

15 Yavapai Ranch. 

16 (iii) SUBSEQUENT CONVEYANCE.—

17 (I) IN GENERAL.—On acquisition 

18 of title to the parcels described in sub19 paragraphs (D) and (E) of paragraph 

20 (2), Yavapai Ranch may convey all or 

21 a portion of the parcels to 1 or more 

22 successors-in-interest.

23 (II) WATER USE APPORTION24 MENT.—A conveyance under sub25 clause (I) shall, in accordance with 
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1 the terms described in clause (i), in2 clude a recorded and binding agree3 ment on the amount of water avail4 able for use on the parcel or portion 

5 of the parcel conveyed, as determined 

6 by the Yavapai Ranch. 

7 (iv) ENFORCEMENT.—The Secretary 

8 shall enter into a memorandum of under9 standing with the State of Arizona or a po10 litical subdivision of the State of Arizona 

11 authorizing the State or political subdivi12 sion to enforce the terms described in 

13 clause (i) in any manner provided by law. 

14 (v) LIABILITY.—

15 (I) IN GENERAL.—Any action for 

16 a breach of the terms of the conserva17 tion easements described in clause (i) 

18 shall be against the owner or owners 

19 of the parcel or portion of the parcel, 

20 at the time of the breach, whose ac21 tion or failure to act has resulted in 

22 the breach. 

23 (II) HOLD HARMLESS.—To the 

24 extent that the United States or a 

25 successor-in-interest to the United 
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1 States no longer holds title to the par2 cels or any portion of the parcels de3 scribed in subparagraph (D) or (E) of 

4 paragraph (2), the United States or 

5 such successor-in-interest shall be held 

6 harmless from damages or injuries at7 tributable to any breach of the terms 

8 of the conservation easements de9 scribed in clause (i) by a subsequent 

10 successor-in-interest. 

11 (b) CONVEYANCE OF NON-FEDERAL LAND BY

12 YAVAPAI RANCH.—

13 (1) IN GENERAL.—On receipt of title to the 

14 Federal land, Yavapai Ranch shall simultaneously 

15 convey to the United States, by deed acceptable to 

16 Secretary and subject to any encumbrances, all 

17 right, title, and interest of Yavapai Ranch in and to 

18 the non-Federal land. 

19 (2) EASEMENTS.—

20 (A) IN GENERAL.—The conveyance of non21 Federal land to the United States under para22 graph (1) shall be subject to the reservation 

23 of—

24 (i) perpetual and unrestricted ease25 ments and water rights that run with and 
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1 benefit the land retained by Yavapai 

2 Ranch for—

3 (I) the operation, maintenance, 

4 repair, improvement, development, 

5 and replacement of not more than 3 

6 wells in existence on the date of enact7 ment of this Act; 

8 (II) related storage tanks, valves, 

9 pumps, and hardware; and 

10 (III) pipelines to points of use; 

11 and 

12 (ii) easements for reasonable ingress 

13 and egress to accomplish the purposes of 

14 the easements described in clause (i). 

15 (B) EXISTING WELLS.—

16 (i) IN GENERAL.—Each easement for 

17 an existing well shall be—

18 (I) 40 acres in area; and 

19 (II) to the maximum extent prac20 ticable—

21 (aa) centered on the existing 

22 well; and 

23 (bb) located in the same 

24 square mile section of land. 
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1 (ii) LIMITATION.—Within a 40-acre 

2 easement described in clause (i), the 

3 United States and any permitees or licens4 ees of the United States shall be prohibited 

5 from undertaking any activity that inter6 feres with the use of the wells by Yavapai 

7 Ranch, without the written consent of 

8 Yavapai Ranch. 

9 (iii) RESERVATION OF WATER FOR

10 THE UNITED STATES.—The United States 

shall be entitled to 1 11 ⁄2 the production of 

12 each existing well, not to exceed a total of 

13 3,100,000 gallons of water annually, for 

14 watering wildlife and stock and for other 

15 National Forest System purposes from the 

16 3 wells. 

17 (C) REASONABLE ACCESS.—Each ease18 ment for ingress and egress shall be at least 20 

19 feet in width. 

20 (D) LOCATION.—The locations of the ease21 ments and wells shall be the locations generally 

22 depicted on a map entitled ‘‘YRLP Reserved 

23 Easements for Water Lines and Wells’’, dated 

24 April 2002. 

25 (c) LAND TRANSFER PROBLEMS.—
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1 (1) FEDERAL LAND.—If a parcel of Federal 

2 land (or a portion of the parcel) cannot be conveyed 

3 to Yavapai Ranch because of the presence of haz4 ardous materials or if the proposed title to a parcel 

5 of Federal land (or a portion of the parcel) is unac6 ceptable to Yavapai Ranch because of the presence 

7 of threatened or endangered species, cultural or his8 toric resources, unpatented mining claims, or other 

9 third party rights under public land laws—

10 (A) the parcel of Federal land or portion 

11 of the parcel shall be excluded from the ex12 change; and 

13 (B) the non-Federal land shall be adjusted 

14 in accordance with section 5(c). 

15 (2) NON-FEDERAL LAND.—If 1 or more of the 

16 parcels of non-Federal land or a portion of such a 

17 parcel cannot be conveyed to the United States be18 cause of the presence of hazardous materials or if 

19 the proposed title to a parcel or a portion of the par20 cel is unacceptable to the Secretary—

21 (A) the parcel of non-Federal land or por22 tion of the parcel shall be excluded from the ex23 change; and 

24 (B) the Federal land shall be adjusted in 

25 accordance with section 5(c). 
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1 (d) CONVEYANCE OF FEDERAL LAND TO CITIES AND

2 CAMPS.—

3 (1) IN GENERAL.—Following the acquisition of 

4 the Federal land, Yavapai Ranch shall convey to the 

5 cities of Flagstaff, Williams, and Camp Verde and 

6 the camps the parcels of Federal land or portions of 

7 parcels located in or near the cities or camps under 

8 any terms agreed to by Yavapai Ranch, the cities, 

9 and camps before the date on which the exchange is 

10 completed. 

11 (2) DELETION FROM EXCHANGE.—If Yavapai 

12 Ranch and the cities or camps referred to in para13 graph (1) have not agreed to the terms and condi14 tions of a subsequent conveyance of a parcel or por15 tion of a parcel of Federal land before the comple16 tion of the exchange, the Secretary, on notification 

17 by Yavapai Ranch, the cities, or camps, shall delete 

18 the parcel or any portion of the parcel from the ex19 change, provided that any parcel or portion of a par20 cel to be deleted may be configured by the Secretary 

21 to leave the United States with manageable post-ex22 change land and boundaries. 

23 (3) EASEMENTS.—In accordance with section 

24 120(h) of the Comprehensive Environmental Re25 sponse, Compensation, and Liability Act of 1980 (42 
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1 U.S.C. 9620(h)), the United States shall reserve 

2 easements in any land transferred to Yavapai 

3 Ranch. 

4 SEC. 5. EXCHANGE VALUATION, APPRAISALS, AND EQUALI5 ZATION. 

6 (a) EQUAL VALUE EXCHANGE.—The values of the 

7 non-Federal and Federal land to be exchanged under this 

8 Act—

9 (1) shall be equal, as determined by the Sec10 retary; or 

11 (2) if the values are not equal, shall be equal12 ized in accordance with subsection (c). 

13 (b) APPRAISALS.—

14 (1) IN GENERAL.—The values of the Federal 

15 land and non-Federal land shall be determined by 

16 appraisals using the appraisal standards in—

17 (A) the Uniform Appraisal Standards for 

18 Federal Land Acquisitions, fifth edition (De19 cember 20, 2000); and 

20 (B) the Uniform Standards of Professional 

21 Appraisal Practice. 

22 (2) APPROVAL.—In accordance with part 

23 254.9(a)(1) of title 36, Code of Federal Regulations 

24 (or any successor regulation), the appraiser shall 

25 be—
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1 (A) acceptable to the Secretary and 

2 Yavapai Ranch; and 

3 (B) a contractor, the clients of which shall 

4 be the Secretary and Yavapai Ranch. 

5 (3) REQUIREMENTS.—During the appraisal 

6 process the appraiser shall—

7 (A) consider the effect on value of the Fed8 eral land or non-Federal land because of the ex9 istence of encumbrances on each parcel, includ10 ing—

11 (i) permitted uses on Federal land 

12 that cannot be reasonably terminated be13 fore the appraisal; and 

14 (ii) facilities on Federal land that can15 not be reasonably removed before the ap16 praisal; and 

17 (B) determine the value of each parcel of 

18 Federal land and non-Federal land (including 

19 the value of each individual section of the inter20 mingled Federal and non-Federal land of the 

21 Yavapai Ranch) as an assembled transaction 

22 consistent with the applicable provisions of 

23 parts 254.5 and 254.9(b)(1)(v) of title 36, Code 

24 of Federal Regulations (or any successor regu25 lation). 
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1 (4) DISPUTE RESOLUTION.—A dispute relating 

2 to the appraised values of the Federal land or non3 Federal land following completion of the appraisal 

4 shall be processed in accordance with—

5 (A) section 206(d) of the Federal Land 

6 Policy and Management Act of 1976 (43 U.S.C. 

7 1716(d)); and 

8 (B) part 254.10 of title 36, Code of Fed9 eral Regulations (or any successor regulation). 

10 (5) APPRAISAL PERIOD.—After the final ap11 praised values of the Federal land and non-Federal 

12 land have been reviewed and approved by the Sec13 retary or otherwise determined in accordance with 

14 the requirements of paragraph (4), the final ap15 praised values—

16 (A) shall not be reappraised or updated by 

17 the Secretary before the completion of the land 

18 exchange; and 

19 (B) shall be considered to be the values of 

20 the Federal land and non-Federal land on the 

21 date of the transfer of title. 

22 (6) AVAILABILITY.—In accordance with the pol23 icy of the Forest Service, and to ensure the timely 

24 and full disclosure of the appraisals to the public, 

25 the appraisals approved by the Secretary shall be 
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1 made available for public inspection in the Offices of 

2 the Supervisors for Prescott, Coconino, and Kaibab 

3 National Forests. 

4 (c) EQUALIZATION OF VALUES.—

5 (1) SURPLUS OF NON-FEDERAL LAND.—

6 (A) IN GENERAL.—If, after any adjust7 ments are made to the non-Federal land or 

8 Federal land under subsection (c) or (d) of sec9 tion 4, the final appraised value of the non-Fed10 eral land exceeds the final appraised value of 

11 the Federal land, the Federal land and non12 Federal land shall be adjusted in accordance 

13 with subparagraph (B) until the values are ap14 proximately equal. 

15 (B) ADJUSTMENTS.—An adjustment re16 ferred to in subparagraph (A) shall be accom17 plished by beginning at the east boundary of 

18 section 30, T. 20 N., R. 6 W., Gila and Salt

19 River Base and Meridian, Yavapai County, Arizona, and adding to the Federal land in 1 20 ⁄8 sec21 tion increments (N–S 64th line) and lot lines 

22 across the section, while deleting in the same 

23 increments portions of sections 19 and 31, T. 

24 20 N., R. 6 W., Gila and Salt River Base and 

25 Meridian, Yavapai County, Arizona, to establish 
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1 a linear and continuous boundary that runs 

2 north to south across the sections. 

3 (2) SURPLUS OF FEDERAL LAND.—

4 (A) IN GENERAL.—If, after any adjust5 ments are made to the non-Federal land or 

6 Federal land under subsection (c) or (d) of sec7 tion 4, the final appraised value of the Federal 

8 land exceeds the final appraised value of the 

9 non-Federal land, the Federal land and non10 Federal land shall be adjusted in accordance 

11 with subparagraph (B) until the values are ap12 proximately equal. 

13 (B) ADJUSTMENTS.—Adjustments under 

14 subparagraph (A) shall be made in the fol15 lowing order: 

16 (i) Beginning at the south boundary 

17 of section 31, T. 20 N., R. 5 W., Gila and 

18 Salt River Base and Meridian, Yavapai 

19 County, Arizona, and sections 33 and 35, 

20 T. 20 N., R. 6 W., Gila and Salt River 

21 Base and Meridian, Yavapai County, by 

22 adding to the non-Federal land to be conveyed to the United States in 1 23 ⁄8 section 

24 increments (E–W 64th line) while deleting 

25 from the conveyance to Yavapai Ranch 
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1 Federal land in the same incremental por2 tions of section 32, T. 20 N., R. 5 W., Gila 

3 and Salt River Base and Meridian, 

4 Yavapai County, Arizona, and sections 32, 

5 34, and 36, in T. 20 N., R. 6 W., Gila and 

6 Salt River Base and Meridian, Yavapai 

7 County, Arizona, to establish a linear and 

8 continuous boundary that runs east to 

9 west across the sections. 

10 (ii) By deleting the following parcels: 

11 (I) The Wetzel School parcel 

12 identified on the map described in sec13 tion 4(a)(2)(B)(ii). 

14 (II) The Williams Sewer parcel 

15 identified on the map described in sec16 tion 4(a)(2)(C). 

17 (III) That part of the Williams 

18 Railroad parcel identified on the map 

19 described in section 4(a)(2)(C) that 

20 lies south of Business I–40. 

21 (IV) A portion of the Cotton22 wood/Clarkdale Federal Lands identi23 fied on the map described in Section 

24 4(a)(2)(E) and further described as 

the S1⁄2S1 25 ⁄2 of Section 8, Township 15 
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1 North, Range 3 East, Gila and Salt 

2 River Base and Meridian, Yavapai 

3 County, Arizona. 

4 (V) The Buckskinner Park parcel 

5 identified on the map described in sec6 tion 4(a)(2)(C). 

7 (VI) Approximately 316 acres of 

8 the Camp Verde Federal Land-Gen9 eral Crook Parcel identified on the 

10 map described in Section 4(a)(2)(D) 

11 and further described as Lots 1, 5, 

and 6 and the NE1⁄4NE1 12 ⁄4 of Section 

26, and the N1⁄2N1 13 ⁄2 of Section 27, 

14 Township 14 North, Range 4 East, 

15 Gila and Salt River Base and Merid16 ian, Yavapai County, Arizona. 

17 (VII) A portion of the Cotton18 wood/Clarkdale Federal Lands identi19 fied on the map described in section 

20 4(a)(2)(E) and further described as 

the N1⁄2S1 21 ⁄2 of Section 8, Township 

22 15 North, Range 3 East, Gila and 

23 Salt River Base and Meridian, 

24 Yavapai County, Arizona. 
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1 (VIII) Approximately 314 acres 

2 of the Camp Verde Federal Land3 General Crook Parcel identified on the 

4 map described in section 4(a)(2)(D) 

5 and further described as Lots 2, 7, 8 

and 9 and the SE1⁄4NE1 6 ⁄4 of Section 

26, and the S1⁄2N1 7 ⁄2 of Section 27, 

8 Township 14 North, Range 4 East, 

9 Gila and Salt River Base and Merid10 ian, Yavapai County, Arizona. 

11 (IX) The Mt. Elden parcel identi12 fied on the map described in section 

13 4(a)(2)(B)(ii). 

14 (C) MODIFICATIONS.—The descriptions of 

15 land and acreage provided in subclauses (I), 

16 (VII), and (VIII) of subparagraph (B)(ii) may 

17 be modified to conform with a survey approved 

18 by the Bureau of Land Management. 

19 (3) ADDITIONAL EQUALIZATION OF VALUES.—

20 If, after the values are adjusted in accordance with 

21 paragraph (1) or (2), the values of the Federal land 

22 and non-Federal land are not equal, then the Sec23 retary and Yavapai Ranch may by agreement adjust 

24 the acreage of the Federal land and non-Federal 

25 land until the values of that land are equal. 
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1 (d) CASH EQUALIZATION.—

2 (1) IN GENERAL.—After the values of the non3 Federal and Federal land are equalized to the max4 imum extent practicable under subsection (c), any 

5 balance due the Secretary or Yavapai Ranch shall be 

6 paid—

7 (A) through cash equalization payments 

8 under section 206(b) of the Federal Land Pol9 icy and Management Act of 1976 (43 U.S.C. 

10 1716(b)); or 

11 (B) in accordance with standards estab12 lished by the Secretary and Yavapai Ranch. 

13 (2) LIMITATION.—

14 (A) ADJUSTMENTS.—If the value of the 

15 Federal land exceeds the value of the non-Fed16 eral land by more than $50,000, the Secretary 

17 and Yavapai Ranch shall, by agreement, delete 

18 additional Federal land from the exchange until 

19 the values of the Federal land and non-Federal 

20 land are equal. 

21 (B) DEPOSIT.—Any amounts received by 

22 the United States under this Act—

23 (i) shall be deposited in a fund estab24 lished under Public Law 90–171 (16 
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1 U.S.C. 484a) (commonly known as the 

2 ‘‘Sisk Act’’); and 

3 (ii) shall be available, without further 

4 appropriation, for the acquisition of land 

5 or interests in land for National Forest 

6 System purposes in the State of Arizona. 

7 SEC. 6. MISCELLANEOUS PROVISIONS. 

8 (a) REVOCATION OF ORDERS.—Any public orders 

9 withdrawing any of the Federal land from appropriation 

10 or disposal under the public land laws are revoked to the 

11 extent necessary to permit disposal of the Federal land. 

12 (b) WITHDRAWAL OF FEDERAL LAND.—The Federal 

13 land is withdrawn from all forms of entry and appropria14 tion under the public land laws, including the mining and 

15 mineral leasing laws and the Geothermal Steam Act of 

16 1970 (30 U.S.C. 1001 et seq.), until the date on which 

17 the exchange of Federal land and non-Federal land is com18 pleted.

19 (c) SURVEYS, INVENTORIES, AND CLEARANCES.—

20 Before completing the exchange of Federal land and non21 Federal land under this Act, the Secretary shall carry out 

22 land surveys and preexchange inventories, clearances, re23 views, and approvals relating to hazardous materials, 

24 threatened and endangered species, cultural and historic 

25 resources, and wetlands and floodplains. 
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1 (d) COSTS OF IMPLEMENTING THE EXCHANGE.—

2 (1) IN GENERAL.—

3 (A) The United States shall bear the costs 

4 or other responsibilities or requirements associ5 ated with land surveys, title searches, archeo6 logical and cultural surveys and salvage, re7 moval of encumbrances and curing title defi8 ciencies necessary to bring the Federal land 

9 into a condition where it is acceptable for ex10 change purposes. 

11 (B) Yavapai Ranch shall bear the costs or 

12 other responsibilities or requirements associated 

13 with land surveys, title searches, archeological 

14 and cultural surveys and salvage, removal of en15 cumbrances and curing title deficiencies nec16 essary to bring the non-Federal land into a con17 dition where it is acceptable for exchange pur18 poses. 

19 (2) INELIGIBLE REIMBURSEMENTS.—No 

20 amount paid by Yavapai Ranch under this sub21 section shall be eligible for reimbursement under sec22 tion 206(f) of the Federal Land Policy and Manage23 ment Act of 1976 (43 U.S.C. 1716(f)). 

24 (e) TIMING.—It is the intent of Congress that the 

25 exchange of Federal land and non-Federal land directed 
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1 by this Act be completed not later than 18 months after 

2 the date of enactment of this Act. 

3 (f) CONTRACTORS.—

4 (1) IN GENERAL.—If the Secretary lacks ade5 quate staff or resources to complete the exchange by 

6 the date specified in subsection (e), the Yavapai 

7 Ranch shall contract with independent third party 

8 contractors, subject to the mutual agreement of the 

9 Secretary and Yavapai Ranch, to carry out any ac10 tivities necessary to complete the exchange by that 

11 date. 

12 (2) REIMBURSEMENT.—In the event that 

13 Yavapai Ranch contracts with independent third 

14 party contractors to carry out or complete any re15 sponsibilities or requirements that would be per16 formed by the Secretary but for the lack of adequate 

17 staff or resources, then the Secretary shall reim18 burse Yavapai Ranch for Yavapai Ranch’s costs or 

19 expenses for such contractors in accordance with 

20 section 206(f) of the Federal Land Policy and Man21 agement Act of 1976 (43 U.S.C. 1716(f)). 

22 SEC. 7. STATUS AND MANAGEMENT OF LAND AFTER EX23 CHANGE. 

24 (a) IN GENERAL.—Non-Federal land acquired by the 

25 United States under this Act—
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1 (1) shall become part of the Prescott National 

2 Forest; and 

3 (2) shall be administered by the Secretary in 

4 accordance with—

5 (A) this Act; 

6 (B) the laws (including regulations) appli7 cable to the National Forest System; and 

8 (C) other authorized uses of the National 

9 Forest System. 

10 (b) MANAGEMENT PLAN.—

11 (1) IN GENERAL.—Acquisition of the non-Fed12 eral land under this Act shall not require a revision 

13 or amendment to the Management Plan. 

14 (2) AMENDMENT OR REVISION.—If the Man15 agement Plan is amended or revised after the date 

16 of acquisition of non-Federal land under this Act, 

17 the Management Plan shall be amended to reflect 

18 the acquisition of the non-Federal land. 

19 (c) POST-EXCHANGE MANAGEMENT OF CERTAIN

20 LAND.—

21 (1) IN GENERAL.—On acquisition by the United 

22 States, the non-Federal land acquired by the United 

23 States and any adjoining National Forest System 

24 land shall be managed in accordance with—

25 (A) paragraphs (2) through (6); and 
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•HR 2907 IH 

1 (B) the laws (including regulations) gen2 erally applicable to National Forest System 

3 land. 

4 (2) PROTECTION OF NATURAL RESOURCES.—

5 The non-Federal land shall be managed in a manner 

6 that maintains the species, character, and natural 

7 values of the land, including—

8 (A) deer, pronghorn antelope, wild turkey, 

9 mountain lion, and other resident wildlife and 

10 native plant species; 

11 (B) suitability for livestock grazing; and 

12 (C) aesthetic values. 

13 (3) GRAZING.—Each area located in the 

14 Yavapai Ranch grazing allotment as of the date of 

15 enactment of this Act shall—

16 (A) remain in the Yavapai Ranch grazing 

17 allotment; and 

18 (B) continue to be subject to grazing in ac19 cordance with the laws (including regulations) 

20 generally applicable to domestic livestock graz21 ing on National Forest System land. 

22 (4) ROADS.—

23 (A) IMPROVEMENT AND MAINTENANCE.—

24 The Secretary shall maintain or improve a sys25 tem of roads and trails on the non-Federal land 
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•HR 2907 IH 

1 to provide opportunities for hunting, motorized 

2 and nonmotorized recreation, and other uses of 

3 the land by the public. 

4 (B) PUBLIC ACCESS ROAD.—

5 (i) CONSTRUCTION.—The Secretary 

6 shall improve or construct a public access 

7 road linking Forest Road 7 (Pine Creek 

8 Road) to Forest Road 1 (Turkey Canyon 

9 Road) through portions of sections 33, 32, 

10 31, and 30, T. 19 N., R. 6 W., Gila and 

11 Salt River Base and Meridian. 

12 (ii) EXISTING ROAD.—The existing 

13 road linking Pine Creek and Gobbler Knob 

14 shall—

15 (I) until the date on which the 

16 new public access road is completed, 

17 remain open; and

18 (II) after the date on which the 

19 new public access road is completed, 

20 be obliterated. 

21 (C) EASEMENTS.—

22 (i) IN GENERAL.—On completion of 

23 the land exchange under this Act, the Sec24 retary and Yavapai Ranch shall grant each 

25 other at no charge reciprocal easements for 
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1 ingress, egress, and utilities across, over, 

2 and through—

3 (I)(aa) the routes depicted on the 

4 map entitled ‘‘Road and Trail Ease5 ments—Yavapai Ranch Area’’ dated 

6 April 2002; and 

7 (bb) any other inholdings re8 tained by the United States or 

9 Yavapai Ranch; or 

10 (II) any relocated routes that are 

11 agreed to by the Secretary and 

12 Yavapai Ranch. 

13 (ii) REQUIREMENTS.—An easement 

14 described in clause (i)—

15 (I) shall be unlimited, perpetual, 

16 and nonexclusive in nature; and 

17 (II) shall run with and benefit 

18 the land of the grantee. 

19 (iii) RIGHTS OF GRANTEE.—The 

20 rights of the grantee shall extend to— 

21 (I) any successors-in-interest, as22 signs, and transferees of Yavapai 

23 Ranch; and 

24 (II) in the case of the Secretary, 

25 members of the general public, as de-
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1 termined to be appropriate by the 

2 Secretary. 

3 (5) TIMBER HARVESTING.—

4 (A) IN GENERAL.—Except as provided in 

5 subparagraph (B), timber harvesting for com6 modity production shall be prohibited on the 

7 non-Federal land. 

8 (B) EXCEPTIONS.—Timber harvesting may 

9 be conducted on the non-Federal land if the 

10 Secretary determines that timber harvesting is 

11 necessary—

12 (i) to prevent or control fires, insects, 

13 and disease through forest thinning or 

14 other forest management techniques; 

15 (ii) to protect or enhance grassland 

16 habitat, watershed values, native plants, 

17 trees, and wildlife species; or 

18 (iii) to improve forest health. 

19 (6) WATER IMPROVEMENTS.—Nothing in this 

20 Act prohibits the Secretary from authorizing or con21 structing new water improvements in accordance 

22 with the laws (including regulations) applicable to 

23 water improvements on National Forest System land 

24 for—
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•HR 2907 IH 

1 (A) the benefit of domestic livestock or 

2 wildlife management; or 

3 (B) the improvement of forest health or 

4 forest restoration. 

5 (d) MAPS.—

6 (1) IN GENERAL.—The Secretary and Yavapai 

7 Ranch may correct any minor errors in the maps of, 

8 legal descriptions of, or encumbrances on the Fed9 eral land or non-Federal land. 

10 (2) DISCREPANCY.—In the event of any dis11 crepancy between a map and legal description, the 

12 map shall prevail unless the Secretary and Yavapai 

13 Ranch agree otherwise. 

14 (3) AVAILABILITY.—All maps referred to in this 

15 Act shall be on file and available for inspection in 

16 the Office of the Supervisor, Prescott National For17 est, Prescott, Arizona. 

18 (e) EFFECT.—Nothing in this Act precludes, pro19 hibits, or otherwise restricts Yavapai Ranch from subse20 quently granting, conveying, or otherwise transferring title 

21 to the Federal land after its acquisition of the Federal 

22 land. 

23 SEC. 8. CONVEYANCE OF ADDITIONAL LAND. 

24 (a) IN GENERAL.—The Secretary shall convey to an 

25 individual or entity that represents the majority of land-
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1 owners with encroachments on the lot by quitclaim deed 

2 the parcel of land described in subsection (b). 

3 (b) DESCRIPTION OF LAND.—The parcel of land re4 ferred to in subsection (a) is lot 8 in section 11, T. 21 

5 N., R. 7 E., Gila and Salt River Base and Meridian, 

6 Coconino County, Arizona. 

7 (c) AMOUNT OF CONSIDERATION.—In exchange for 

8 the land described in subsection (b), the individual or enti9 ty acquiring the land shall pay to the Secretary consider10 ation in the amount of—

11 (1) $2500; plus 

12 (2) any costs of re-monumenting the boundary 

13 of land. 

14 (d) TIMING.—

15 (1) IN GENERAL.—Not later than 90 days after 

16 the date on which the Secretary receives a power of 

17 attorney executed by the individual or entity acquir18 ing the land, the Secretary shall convey to the indi19 vidual or entity the land described in subsection (b). 

20 (2) LIMITATION.—If, by the date that is 270 

21 days after the date of enactment of this Act, the 

22 Secretary does not receive the power of attorney de23 scribed in paragraph (1)—

24 (A) the authority provided under this sub25 section shall terminate; and 
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•HR 2907 IH 

1 (B) any conveyance of the land shall be 

2 made under Public Law 97–465 (16 U.S.C. 

3 521c et seq.). 

4 SEC. 9. COMPENSATION FOR PERSONS HOLDING GRAZING 

5 PERMITS. 

6 Persons holding grazing permits for land transferred 

7 into private ownership under this Act shall be compensa8 tion for any loss of grazing associated with the transfer.

Æ