108TH CONGRESS

1ST SESSION H. R. 2907

AN ACT

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

Yavapai Ranch Limited Partnership.

108TH CONGRESS

1ST SESSION H. R. 2907

AN ACT

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,
2

•HR 2907 EH

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Northern Arizona Na3 tional Forest Land Exchange Act of 2003’’.

4 SEC. 2. FINDINGS AND PURPOSES.

5 (a) FINDINGS.—Congress finds that—

6 (1) certain parcels of private land in the ap7 proximately 170 square miles of land commonly

8 known as the ‘‘Yavapai Ranch’’ and located in

9 Yavapai County, Arizona, are intermingled with Na10 tional Forest System land owned by the United

11 States and administered by the Secretary of Agri12 culture as part of Prescott National Forest;

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

14 Ranch Limited Partnership and the Northern

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

16 pattern, with the United States or Yavapai Ranch

17 Limited Partnership and the Northern Yavapai,

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

19 land or fractions of square mile sections;

20 (3) a significant portion of the private land

21 within the checkerboard area (including the land lo22 cated in or near the Pine Creek watershed, Juniper

23 Mesa Wilderness Area, Haystack Peak, and the Luis

24 Maria Baca Float No. 5) is located in environ25 mentally valuable areas that possess attributes for

26 public management, use, and enjoyment, including—
3

•HR 2907 EH

1 (A) outdoor recreation;

2 (B) preservation of stands of old growth

3 forest;

4 (C) largely unfragmented habitat for ante5 lope, deer, elk, mountain lion, wild turkey, and

6 other wildlife species;

7 (D) scientific research;

8 (E) rangeland;

9 (F) cultural and archaeological resources;

10 and

11 (G) scenic vistas;

12 (4) the checkerboard ownership pattern of pri13 vate and public land within Prescott National Forest

14 impedes sound and efficient management of the

15 intermingled National Forest System land;

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

17 is subdivided or developed, the intermingled National

18 Forest System land will become highly fragmented

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

20 habitat and future public access, use, and enjoy21 ment;

22 (6) acquisition by the United States of certain

23 parcels of land that have been offered by Yavapai

24 Ranch Limited Partnership and the Northern

25 Yavapai, L.L.C., for addition to Prescott National
4

•HR 2907 EH

1 Forest will serve important public objectives,

2 including—

3 (A) acquiring private land that meets the

4 criteria for inclusion in the National Forest

5 System in exchange for land with lower public,

6 environmental, and ecological values;

7 (B) consolidating a large area of National

8 Forest System land to preserve—

9 (i) permanent public access, use, and

10 enjoyment of the land; and

11 (ii) efficient management of the land;

12 (C) minimizing cash outlays by the United

13 States to achieve the objectives described in

14 subparagraphs (A) and (B); and

15 (D) reducing administrative costs to the

16 United States through—

17 (i) consolidation of Federal land hold18 ings for more efficient land management

19 and planning;

20 (ii) elimination of approximately 350

21 miles of boundary between private land

22 and the Federal parcels; and

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

24 use, and other permit processing and
5

•HR 2907 EH

1 issuance for roads and other facilities on

2 National Forest System land;

3 (7) parcels of National Forest System land have

4 been identified for conveyance to Yavapai Ranch

5 Limited Partnership or the Northern Yavapai,

6 L.L.C., through a land exchange because the

7 parcels—

8 (A) have significantly lower recreational,

9 wildlife, ecological, and other public purpose

10 values than the land to be acquired by the

11 United States; and

12 (B) are encumbered by special use permits

13 and rights-of-way for a variety of purposes (in14 cluding summer youth camps, municipal water

15 treatment facilities, sewage treatment facilities,

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

17 (i) limit the usefulness of the parcels

18 for general National Forest System pur19 poses; but

20 (ii) are logical for pass-through con21 veyances from Yavapai Ranch Limited

22 Partnership and the Northern Yavapai,

23 L.L.C., to the permit or right-of-way hold24 ers; and
6

•HR 2907 EH

1 (8) it is in the public interest of all water users

2 in the Verde Valley, Arizona, that water conserva3 tion easements be established that limit future water

4 use on the Federal land that—

5 (A) is located near the communities of

6 Camp Verde, Cottonwood, and Clarkdale; and

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

8 to Yavapai Ranch Limited Partnership or the

9 Northern Yavapai, L.L.C.

10 (b) PURPOSE.—The purpose of this Act is to author11 ize, direct, and facilitate the exchange of Federal land and

12 non-Federal land between the United States, Yavapai

13 Ranch Limited Partnership, and the Northern Yavapai,

14 L.L.C.

15 SEC. 3. DEFINITIONS.

16 In this Act:

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

18 Pearlstein, Friendly Pines, Patterdale Pines, Pine

19 Summit, Sky Y, and YoungLife Lost Canyon camps

20 in the State of Arizona.

21 (2) FEDERAL LAND.—The term ‘‘Federal land’’

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

23 (3) MANAGEMENT PLAN.—The term ‘‘Manage24 ment Plan’’ means the land and resource manage25 ment plan for Prescott National Forest.
7

•HR 2907 EH

1 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed2 eral land’’ means the approximately 35,000 acres of

3 non-Federal land located within the boundaries of

4 Prescott National Forest, as generally depicted on

5 the map entitled ‘‘Yavapai Ranch Land Exchange

6 Non-Federal Lands’’, dated April 2002.

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

8 the Secretary of Agriculture.

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

10 Ranch’’ means—

11 (A) the Yavapai Ranch Limited Partner12 ship, an Arizona Limited Partnership; and

13 (B) the Northern Yavapai, L.L.C., an Ari14 zona Limited Liability Company.

15 SEC. 4. LAND EXCHANGE.

16 (a) CONVEYANCE OF FEDERAL LAND BY THE

17 UNITED STATES.—

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

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

20 Secretary shall convey to Yavapai Ranch by patent

21 or quitclaim deed, subject to easements, rights-of22 way, utility lines, and any other valid encumbrances

23 on the Federal land in existence on the date of en24 actment of this Act and any other reservations that

25 may be agreed to by the Secretary and Yavapai
8

•HR 2907 EH

1 Ranch, all right, title, and interest of the United

2 States in and to the Federal land described in para3 graph (2).

4 (2) DESCRIPTION OF FEDERAL LAND.—The

5 Federal land referred to in paragraph (1) shall con6 sist of the following:

7 (A) Certain land comprising approximately

8 15,300 acres located in Yavapai County, Ari9 zona, as generally depicted on the map entitled

10 ‘‘Yavapai Ranch Land Exchange Yavapai

11 Ranch Area Federal Lands’’, dated April 2002.

12 (B) Certain land in the Coconino National

13 Forest, Coconino County Arizona—

14 (i) comprising approximately 1,500

15 acres located in Coconino National Forest,

16 Coconino County, Arizona, as generally de17 picted on the map entitled ‘‘Yavapai Ranch

18 Land Exchange Flagstaff Federal Lands19 Airport Parcel’’, dated April 2002; and

20 (ii) comprising approximately 28.26

21 acres in 2 separate parcels, as generally

22 depicted on the map entitled ‘‘Yavapai

23 Ranch Land Exchange Flagstaff Federal

24 Lands—Wetzel School and Mt. Elden Par25 cels’’, dated September 2002.
9

•HR 2907 EH

1 (C) Certain land referred to as Williams

2 Airport, Williams golf course, Williams Sewer,

3 Buckskinner Park, Williams Railroad, and Well

4 parcels numbers 2, 3, and 4, comprising ap5 proximately 950 acres, located in Kaibab Na6 tional Forest, Coconino County, Arizona, as

7 generally depicted on the map entitled ‘‘Yavapai

8 Ranch Land Exchange Williams Federal

9 Lands’’, dated April 2002.

10 (D) Certain land comprising approximately

11 2,200 acres located in Prescott National Forest,

12 Yavapai County, Arizona, as generally depicted

13 on the map entitled ‘‘Yavapai Ranch Land Ex14 change Camp Verde Federal Land—General

15 Crook Parcel’’, dated April 2002.

16 (E) Certain land comprising approximately

17 820 acres located in Prescott National Forest

18 in Yavapai County, Arizona, as generally de19 picted on the map entitled ‘‘Yavapai Ranch

20 Land Exchange Camp Verde Federal Lands—

21 Cottonwood/Clarkdale Parcel’’, dated April

22 2002.

23 (F) Certain land comprising approximately

24 237.5 acres located in Kaibab National Forest,

25 Coconino County, Arizona, as generally depicted
10

•HR 2907 EH

1 on the map entitled ‘‘Yavapai Ranch Land Ex2 change Younglife/Lost Canyon’’, dated April

3 2002.

4 (G) Certain land comprising approximately

5 200 acres located in Prescott National Forest,

6 Yavapai County, Arizona, and including Friend7 ly Pines, Patterdale Pines, Camp Pearlstein,

8 Pine Summit, and Sky Y, as generally depicted

9 on the map entitled ‘‘Yavapai Ranch Land Ex10 change Prescott Federal Lands—Summer

11 Youth Camp Parcels’’, dated April 2002.

12 (H) Perpetual and nonexclusive easements

13 that—

14 (i) run with and benefit land owned

15 by or conveyed to Yavapai Ranch across

16 certain land of the United States;

17 (ii) are for the purposes of—

18 (I) operating, maintaining, re19 pairing, improving, and replacing elec20 tric power lines or water pipelines (in21 cluding related storage tanks, valves,

22 pumps, and hardware); and

23 (II) providing rights of reason24 able ingress and egress necessary for
11

•HR 2907 EH

1 the activities described in subclause

2 (I);

3 (iii) are 20 feet in width; and

4 (iv) are located 10 feet on either side

5 of each line depicted on the map entitled

6 ‘‘Yavapai Ranch Land Exchange YRLP

7 Acquired Easements for Water Lines’’,

8 dated April 2002.

9 (3) CONDITIONS.—

10 (A) PERMITS.—Permits or other legal oc11 cupancies of the Federal land by third parties

12 in existence on the date of transfer of the Fed13 eral land to Yavapai Ranch shall be addressed

14 in accordance with—

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

16 Federal Regulations (or any successor reg17 ulation); and

18 (ii) other applicable laws (including

19 regulations).

20 (B) ESTABLISHMENT OF CONSERVATION

21 EASEMENTS ON CERTAIN PARCELS.—

22 (i) IN GENERAL.—To conserve water

23 in the Verde Valley, Arizona, and to mini24 mize the adverse impacts from future de25 velopment of the parcels described in sub-
12

•HR 2907 EH

1 paragraphs (D) and (E) of paragraph (2)

2 on current and future users of water and

3 holders of water rights in existence on the

4 date of enactment of this Act and the

5 Verde River and National Forest System

6 land retained by the United States, the

7 United States shall limit in perpetuity the

8 use of water on the parcels by reserving

9 conservation easements that—

10 (I) prohibit golf course develop11 ment on the parcels;

12 (II) require that public parks and

13 greenbelts on the parcels be watered

14 with treated effluent;

15 (III)(aa) with respect to the par16 cel described in paragraph (2)(D),

17 limit total post-exchange water use to

18 not more than 700 acre-feet of water

19 per year; and

20 (bb) with respect to the parcel

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

22 total post-exchange water use to not

23 more than 150 acre-feet of water per

24 year; and
13

•HR 2907 EH

1 (IV) require that any water used

2 for the parcels not be withdrawn from

3 wells perforated in the Holocene allu4 vium of the Verde River unless sup5 plied by municipalities or private

6 water companies; however any water

7 supplied by municipalities or private

8 water companies shall count toward

9 the water use limitations set out in

10 the preceding subclauses (III)(aa) and

11 (III)(bb).

12 (ii) RECORDATION.—The conservation

13 easements described in clause (i) shall be

14 recorded to encumber the title to parcels

15 described in subparagraphs (D) and (E) of

16 paragraph (2) that are conveyed by the

17 Secretary to Yavapai Ranch.

18 (iii) SUBSEQUENT CONVEYANCE.—

19 (I) IN GENERAL.—On acquisition

20 of title to the parcels described in sub21 paragraphs (D) and (E) of paragraph

22 (2), Yavapai Ranch may convey all or

23 a portion of the parcels to 1 or more

24 successors-in-interest.
14

•HR 2907 EH

1 (II) WATER USE APPORTION2 MENT.—A conveyance under sub3 clause (I) shall, in accordance with

4 the terms described in clause (i), in5 clude a recorded and binding agree6 ment on the amount of water avail7 able for use on the parcel or portion

8 of the parcel conveyed, as determined

9 by the Yavapai Ranch.

10 (iv) ENFORCEMENT.—The Secretary

11 shall enter into one or more assignments

12 with a political subdivision of the State of

13 Arizona authorizing the political subdivi14 sion to enforce the terms described in

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

16 Until such time as the Secretary executes

17 the assignments, the Secretary shall hold

18 and enforce the conservation easements.

19 (v) LIABILITY.—

20 (I) IN GENERAL.—Any action for

21 a breach of the terms of the conserva22 tion easements described in clause (i)

23 shall be against the owner or owners

24 of the parcel or portion of the parcel,

25 at the time of the breach, whose ac-
15

•HR 2907 EH

1 tion or failure to act has resulted in

2 the breach.

3 (II) HOLD HARMLESS.—To the

4 extent that the United States or a

5 successor-in-interest to the United

6 States no longer holds title to the par7 cels or any portion of the parcels de8 scribed in subparagraph (D) or (E) of

9 paragraph (2), the United States or

10 such successor-in-interest shall be held

11 harmless from damages or injuries at12 tributable to any breach of the terms

13 of the conservation easements de14 scribed in clause (i) by a subsequent

15 successor-in-interest.

16 (b) CONVEYANCE OF NON-FEDERAL LAND BY

17 YAVAPAI RANCH.—

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

19 Federal land, Yavapai Ranch shall simultaneously

20 convey to the United States, by deed acceptable to

21 Secretary and subject to any encumbrances accept22 able to the Secretary, all right, title, and interest of

23 Yavapai Ranch in and to the non-Federal land.

24 (2) EASEMENTS.—
16

•HR 2907 EH

1 (A) IN GENERAL.—The conveyance of non2 Federal land to the United States under para3 graph (1) shall be subject to the reservation

4 of—

5 (i) perpetual easements and water

6 rights that run with and benefit the land

7 retained by Yavapai Ranch for—

8 (I) the operation, maintenance,

9 repair, improvement, development,

10 and replacement of not more than 3

11 wells in existence on the date of enact12 ment of this Act;

13 (II) related storage tanks, valves,

14 pumps, and hardware; and

15 (III) pipelines to points of use;

16 and

17 (ii) easements for reasonable ingress

18 and egress to accomplish the purposes of

19 the easements described in clause (i).

20 (B) EXISTING WELLS.—

21 (i) IN GENERAL.—Each easement for

22 an existing well shall be—

23 (I) 40 acres in area; and

24 (II) to the maximum extent

25 practicable—
17

•HR 2907 EH

1 (aa) centered on the existing

2 well; and

3 (bb) located in the same

4 square mile section of land.

5 (ii) LIMITATION.—Within a 40-acre

6 easement described in clause (i), the

7 United States and any permitees or licens8 ees of the United States shall be prohibited

9 from undertaking any activity that materi10 ally interferes with the use of the wells by

11 Yavapai Ranch, without the written con12 sent of Yavapai Ranch.

13 (iii) RESERVATION OF WATER FOR

14 THE UNITED STATES.—The United States

shall be entitled to 1 15 ⁄2 the production of

16 each existing or replacement well, not to

17 exceed a total of 3,100,000 gallons of

18 water annually, for watering wildlife and

19 stock and for other National Forest Sys20 tem purposes from the 3 wells.

21 (C) REASONABLE ACCESS.—Each ease22 ment for ingress and egress shall be at least 20

23 feet in width.

24 (D) LOCATION.—The locations of the ease25 ments and wells shall be the locations generally
18

•HR 2907 EH

1 depicted on a map entitled ‘‘Yavapai Ranch

2 Land Exchange YRLP Reserved Easements for

3 Waterlines and Wells’’, dated April 2002.

4 (c) LAND TRANSFER PROBLEMS.—

5 (1) FEDERAL LAND.—If a parcel of Federal

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

7 to Yavapai Ranch because of the presence of haz8 ardous materials or if the proposed title to a parcel

9 of Federal land (or a portion of the parcel) is unac10 ceptable to Yavapai Ranch because of the presence

11 of threatened or endangered species, cultural or his12 toric resources, unpatented mining claims, or other

13 third party rights under public land laws—

14 (A) the parcel of Federal land or portion

15 of the parcel shall be excluded from the ex16 change; and

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

18 in accordance with section 5(c).

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

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

21 parcel cannot be conveyed to the United States be22 cause of the presence of hazardous materials or if

23 the proposed title to a parcel or a portion of the par24 cel is unacceptable to the Secretary—
19

•HR 2907 EH

1 (A) the parcel of non-Federal land or por2 tion of the parcel shall be excluded from the ex3 change; and

4 (B) the Federal land shall be adjusted in

5 accordance with section 5(c).

6 (d) CONVEYANCE OF FEDERAL LAND TO CITIES AND

7 CAMPS.—

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

9 the Federal land, Yavapai Ranch shall convey to the

10 cities of Flagstaff, Williams, and Camp Verde and

11 the camps the parcels of Federal land or portions of

12 parcels located in or near the cities or camps under

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

14 and camps before the date on which the exchange is

15 completed.

16 (2) DELETION FROM EXCHANGE.—If Yavapai

17 Ranch and the cities or camps referred to in para18 graph (1) have not agreed to the terms and condi19 tions of a subsequent conveyance of a parcel or por20 tion of a parcel of Federal land before the comple21 tion of the exchange, the Secretary, on notification

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

23 the parcel or any portion of the parcel from the ex24 change. Any parcel or portion of a parcel to be de25 leted may be configured by the Secretary to leave
20

•HR 2907 EH

1 the United States with manageable post-exchange

2 land and boundaries.

3 (3) EASEMENTS.—In accordance with section

4 120(h) of the Comprehensive Environmental Re5 sponse, Compensation, and Liability Act of 1980 (42

6 U.S.C. 9620(h)), the United States shall reserve

7 easements in any land transferred to Yavapai

8 Ranch.

9 SEC. 5. EXCHANGE VALUATION, APPRAISALS, AND EQUALI10 ZATION.

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

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

13 Act—

14 (1) shall be equal, as determined by the Sec15 retary; or

16 (2) if the values are not equal, shall be equal17 ized in accordance with subsection (c).

18 (b) APPRAISALS.—

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

20 land and non-Federal land shall be determined by

21 appraisals using the appraisal standards in—

22 (A) the Uniform Appraisal Standards for

23 Federal Land Acquisitions, fifth edition (De24 cember 20, 2000); and
21

•HR 2907 EH

1 (B) the Uniform Standards of Professional

2 Appraisal Practice.

3 (2) APPROVAL.—In accordance with part

4 254.9(a)(1) of title 36, Code of Federal Regulations

5 (or any successor regulation), the appraiser shall

6 be—

7 (A) acceptable to the Secretary and

8 Yavapai Ranch; and

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

10 be the Secretary and Yavapai Ranch.

11 (3) REQUIREMENTS.—During the appraisal

12 process the appraiser shall—

13 (A) consider the effect on value of the Fed14 eral land or non-Federal land because of the ex15 istence of encumbrances on each parcel,

16 including—

17 (i) permitted uses on Federal land

18 that cannot be reasonably terminated be19 fore the appraisal; and

20 (ii) facilities on Federal land that can21 not be reasonably removed before the ap22 praisal; and

23 (B) determine the value of each parcel of

24 Federal land and non-Federal land (including

25 the value of each individual section of the inter-
22

•HR 2907 EH

1 mingled Federal and non-Federal land of the

2 Yavapai Ranch) as an assembled transaction

3 consistent with the applicable provisions of

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

5 of Federal Regulations (or any successor regu6 lation).

7 (4) DISPUTE RESOLUTION.—A dispute relating

8 to the appraised values of the Federal land or non9 Federal land following completion of the appraisal

10 shall be processed in accordance with—

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

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

13 1716(d)); and

14 (B) part 254.10 of title 36, Code of Fed15 eral Regulations (or any successor regulation).

16 (5) APPRAISAL PERIOD.—After the final ap17 praised values of the Federal land and non-Federal

18 land have been reviewed and approved by the Sec19 retary or otherwise determined in accordance with

20 the requirements of paragraph (4), the final ap21 praised values—

22 (A) shall not be reappraised or updated by

23 the Secretary before the completion of the land

24 exchange; and
23

•HR 2907 EH

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

2 the Federal land and non-Federal land on the

3 date of the transfer of title.

4 (6) AVAILABILITY.—In accordance with the pol5 icy of the Forest Service, and to ensure the timely

6 and full disclosure of the appraisals to the public,

7 the appraisals approved by the Secretary shall be

8 made available for public inspection in the Offices of

9 the Supervisors for Prescott, Coconino, and Kaibab

10 National Forests.

11 (c) EQUALIZATION OF VALUES.—

12 (1) SURPLUS OF NON-FEDERAL LAND.—

13 (A) IN GENERAL.—If, after any adjust14 ments are made to the non-Federal land or

15 Federal land under subsection (c) or (d) of sec16 tion 4, the final appraised value of the non-Fed17 eral land exceeds the final appraised value of

18 the Federal land, the Federal land and non19 Federal land shall be adjusted in accordance

20 with subparagraph (B) until the values are ap21 proximately equal.

22 (B) ADJUSTMENTS.—An adjustment re23 ferred to in subparagraph (A) shall be accom24 plished by beginning at the east boundary of

25 section 30, T. 20 N., R. 6 W., Gila and Salt
24

•HR 2907 EH

1 River Base and Meridian, Yavapai County, Arizona, and adding to the Federal land in 1 2 ⁄8 sec3 tion increments (N–S 64th line) and lot lines

4 across the section, while deleting in the same

5 increments portions of sections 19 and 31, T.

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

7 Meridian, Yavapai County, Arizona, to establish

8 a linear and continuous boundary that runs

9 north to south across the sections.

10 (2) SURPLUS OF FEDERAL LAND.—

11 (A) IN GENERAL.—If, after any adjust12 ments are made to the non-Federal land or

13 Federal land under subsection (c) or (d) of sec14 tion 4, the final appraised value of the Federal

15 land exceeds the final appraised value of the

16 non-Federal land, the Federal land and non17 Federal land shall be adjusted in accordance

18 with subparagraph (B) until the values are ap19 proximately equal.

20 (B) ADJUSTMENTS.—Adjustments under

21 subparagraph (A) shall be made in the fol22 lowing order:

23 (i) Beginning at the south boundary

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

25 Salt River Base and Meridian, Yavapai
25

•HR 2907 EH

1 County, Arizona, and sections 33 and 35,

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

3 Base and Meridian, Yavapai County, by

4 adding to the non-Federal land to be conveyed to the United States in 1 5 ⁄8 section

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

7 from the conveyance to Yavapai Ranch

8 Federal land in the same incremental por9 tions of section 32, T. 20 N., R. 5 W., Gila

10 and Salt River Base and Meridian,

11 Yavapai County, Arizona, and sections 32,

12 34, and 36, in T. 20 N., R. 6 W., Gila and

13 Salt River Base and Meridian, Yavapai

14 County, Arizona, to establish a linear and

15 continuous boundary that runs east to

16 west across the sections.

17 (ii) By deleting the following parcels:

18 (I) The Wetzel School parcel

19 identified on the map described in sec20 tion 4(a)(2)(B)(ii).

21 (II) The Williams Sewer parcel

22 identified on the map described in sec23 tion 4(a)(2)(C).

24 (III) That part of the Williams

25 Railroad parcel identified on the map
26

•HR 2907 EH

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

2 lies south of Business I–40.

3 (IV) A portion of the Cotton4 wood/Clarkdale Federal Lands identi5 fied on the map described in Section

6 4(a)(2)(E) and further described as

the S1⁄2S1 7 ⁄2 of Section 8, Township 15

8 North, Range 3 East, Gila and Salt

9 River Base and Meridian, Yavapai

10 County, Arizona.

11 (V) The Buckskinner Park parcel

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

14 (VI) Approximately 316 acres of

15 the Camp Verde Federal Land-Gen16 eral Crook Parcel identified on the

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

18 and further described as Lots 1, 5,

and 6 and the NE1⁄4NE1 19 ⁄4 of Section

26, and the N1⁄2N1 20 ⁄2 of Section 27,

21 Township 14 North, Range 4 East,

22 Gila and Salt River Base and Merid23 ian, Yavapai County, Arizona.

24 (VII) A portion of the Cotton25 wood/Clarkdale Federal Lands identi-
27

•HR 2907 EH

1 fied on the map described in section

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

the N1⁄2S1 3 ⁄2 of Section 8, Township

4 15 North, Range 3 East, Gila and

5 Salt River Base and Meridian,

6 Yavapai County, Arizona.

7 (VIII) Approximately 314 acres

8 of the Camp Verde Federal Land9 General Crook Parcel identified on the

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

11 and further described as Lots 2, 7, 8

and 9 and the SE1⁄4NE1 12 ⁄4 of Section

26, and the S1⁄2N1 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 (IX) The Mt. Elden parcel identi18 fied on the map described in section

19 4(a)(2)(B)(ii).

20 (C) MODIFICATIONS.—By mutual agree21 ment by the Secretary and the Yavapai Ranch,

22 the land and acreage in subclauses (I) through

23 (IX) may be modified to conform with a survey

24 approved by the Bureau of Land Management
28

•HR 2907 EH

1 or to leave the United States with manageable

2 post-exchange land and boundaries.

3 (3) ADDITIONAL EQUALIZATION OF VALUES.—

4 If, after the values are adjusted in accordance with

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

6 and non-Federal land are not equal, then the Sec7 retary and Yavapai Ranch may by agreement adjust

8 the acreage of the Federal land and non-Federal

9 land until the values of that land are equal.

10 (d) CASH EQUALIZATION.—

11 (1) IN GENERAL.—After the values of the non12 Federal and Federal land are equalized to the max13 imum extent practicable under subsection (c), any

14 balance due the Secretary or Yavapai Ranch shall be

15 paid—

16 (A) through cash equalization payments

17 under section 206(b) of the Federal Land Pol18 icy and Management Act of 1976 (43 U.S.C.

19 1716(b)); or

20 (B) in accordance with standards estab21 lished by the Secretary and Yavapai Ranch.

22 (2) LIMITATION.—

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

24 Federal land exceeds the value of the non-Fed25 eral land by more than $50,000, the Secretary
29

•HR 2907 EH

1 and Yavapai Ranch shall, by agreement, delete

2 additional Federal land from the exchange until

3 the values of the Federal land and non-Federal

4 land are equal.

5 (B) DEPOSIT.—Any amounts received by

6 the United States under this Act—

7 (i) shall be deposited in a fund estab8 lished under Public Law 90–171 (16

9 U.S.C. 484a) (commonly known as the

10 ‘‘Sisk Act’’); and

11 (ii) shall be available, without further

12 appropriation, for the acquisition of land

13 or interests in land for National Forest

14 System purposes in the State of Arizona.

15 SEC. 6. MISCELLANEOUS PROVISIONS.

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

17 withdrawing any of the Federal land from appropriation

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

19 extent necessary to permit disposal of the Federal land.

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

21 land is withdrawn from all forms of entry and appropria22 tion under the public land laws, including the mining and

23 mineral leasing laws and the Geothermal Steam Act of

24 1970 (30 U.S.C. 1001 et seq.), until the date on which
30

•HR 2907 EH

1 the exchange of Federal land and non-Federal land is com2 pleted.

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

4 Before completing the exchange of Federal land and non5 Federal land under this Act, the Secretary shall carry out

6 land surveys and preexchange inventories, clearances, re7 views, and approvals relating to hazardous materials,

8 threatened and endangered species, cultural and historic

9 resources, and wetlands and floodplains.

10 (d) COSTS OF IMPLEMENTING THE EXCHANGE.—

11 (1) IN GENERAL.—

12 (A) The United States shall bear the costs

13 or other responsibilities or requirements associ14 ated with land surveys, title searches, archeo15 logical and cultural surveys and salvage, re16 moval of encumbrances and curing title defi17 ciencies necessary to bring the Federal land

18 into a condition where it is acceptable for ex19 change purposes.

20 (B) Yavapai Ranch shall bear the costs or

21 other responsibilities or requirements associated

22 with land surveys, title searches, archeological

23 and cultural surveys and salvage, removal of en24 cumbrances and curing title deficiencies nec25 essary to bring the non-Federal land into a con-
31

•HR 2907 EH

1 dition where it is acceptable for exchange pur2 poses.

3 (2) INELIGIBLE REIMBURSEMENTS.—No

4 amount paid by Yavapai Ranch under this sub5 section shall be eligible for reimbursement under sec6 tion 206(f) of the Federal Land Policy and Manage7 ment Act of 1976 (43 U.S.C. 1716(f)).

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

9 exchange of Federal land and non-Federal land directed

10 by this Act be completed not later than 18 months after

11 the date of enactment of this Act.

12 (f) CONTRACTORS.—

13 (1) IN GENERAL.—If the Secretary lacks ade14 quate staff or resources to complete the exchange by

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

16 Ranch may contract with independent third-party

17 contractors to carry out any work necessary to com18 plete the exchange by that date, subject to the mu19 tual agreement of the Secretary and the Yavapai

20 Ranch on the contractor or contractors, scope of

21 work, estimated cost of work, and approval of any

22 such work by the Secretary.

23 (2) REIMBURSEMENT.—In the event that

24 Yavapai Ranch contracts with independent third

25 party contractors to carry out or complete any re-
32

•HR 2907 EH

1 sponsibilities or requirements that would be per2 formed by the Secretary but for the lack of adequate

3 staff or resources, then the Secretary shall reim4 burse Yavapai Ranch for Yavapai Ranch’s costs or

5 expenses for such contractors in accordance with

6 section 206(f) of the Federal Land Policy and Man7 agement Act of 1976 (43 U.S.C. 1716(f)).

8 SEC. 7. STATUS AND MANAGEMENT OF LAND AFTER EX9 CHANGE.

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

11 United States under this Act—

12 (1) shall become part of the Prescott National

13 Forest; and

14 (2) shall be administered by the Secretary in

15 accordance with—

16 (A) this Act;

17 (B) the laws (including regulations) appli18 cable to the National Forest System; and

19 (C) other authorized uses of the National

20 Forest System.

21 (b) MANAGEMENT PLAN.—

22 (1) IN GENERAL.—Acquisition of the non-Fed23 eral land under this Act shall not require a revision

24 or amendment to the Management Plan.
33

•HR 2907 EH

1 (2) AMENDMENT OR REVISION.—If the Man2 agement Plan is amended or revised after the date

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

4 the Management Plan shall be amended to reflect

5 the acquisition of the non-Federal land.

6 (c) POST-EXCHANGE MANAGEMENT OF CERTAIN

7 LAND.—

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

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

10 States and any National Forest System land outside

11 the Juniper Mesa Wilderness Area but formerly

12 intermingled with the acquired non-Federal land

13 shall be managed in accordance with—

14 (A) paragraphs (2) through (6); and

15 (B) the laws (including regulations) gen16 erally applicable to National Forest System

17 land.

18 (2) PROTECTION OF NATURAL RESOURCES.—

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

20 that maintains the species, character, and natural

21 values of the land, including—

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

23 mountain lion, and other resident wildlife and

24 native plant species;

25 (B) suitability for livestock grazing; and
34

•HR 2907 EH

1 (C) aesthetic values.

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

3 Yavapai Ranch grazing allotment as of the date of

4 enactment of this Act shall—

5 (A) remain in the Yavapai Ranch grazing

6 allotment; and

7 (B) continue to be subject to grazing in ac8 cordance with the laws (including regulations)

9 generally applicable to domestic livestock graz10 ing on National Forest System land.

11 (4) ROADS.—

12 (A) IMPROVEMENT AND MAINTENANCE.—

13 The Secretary shall maintain or improve a sys14 tem of roads and trails on the non-Federal land

15 to provide opportunities for hunting, motorized

16 and nonmotorized recreation, and other uses of

17 the land by the public.

18 (B) PUBLIC ACCESS ROAD.—

19 (i) CONSTRUCTION.—The Secretary

20 shall improve or construct a public access

21 road linking Forest Road 7 (Pine Creek

22 Road) to Forest Road 1 (Turkey Canyon

23 Road) through portions of sections 33, 32,

24 31, and 30, T. 19 N., R. 6 W., Gila and

25 Salt River Base and Meridian.
35

•HR 2907 EH

1 (ii) EXISTING ROAD.—The existing

2 road linking Pine Creek and Gobbler Knob

3 shall—

4 (I) until the date on which the

5 new public access road is completed,

6 remain open; and

7 (II) after the date on which the

8 new public access road is completed,

9 be obliterated.

10 (C) EASEMENTS.—

11 (i) IN GENERAL.—On completion of

12 the land exchange under this Act, the Sec13 retary and Yavapai Ranch shall grant each

14 other at no charge reciprocal easements for

15 ingress, egress, and utilities across, over,

16 and through—

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

18 map entitled ‘‘Yavapai Ranch Land

19 Exchange Road and Trail Ease20 ments—Yavapai Ranch Area’’ dated

21 April 2002; and

22 (bb) any other inholdings re23 tained by the United States or

24 Yavapai Ranch; or
36

•HR 2907 EH

1 (II) any relocated routes that are

2 agreed to by the Secretary and

3 Yavapai Ranch.

4 (ii) REQUIREMENTS.—An easement

5 described in clause (i)—

6 (I) shall be unlimited, perpetual,

7 and nonexclusive in nature; and

8 (II) shall run with and benefit

9 the land of the grantee.

10 (iii) RIGHTS OF GRANTEE.—The

11 rights of the grantee shall extend to—

12 (I) any successors-in-interest, as13 signs, and transferees of Yavapai

14 Ranch; and

15 (II) in the case of the Secretary,

16 members of the general public, as de17 termined to be appropriate by the

18 Secretary.

19 (5) TIMBER HARVESTING.—

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

21 subparagraph (B), timber harvesting for com22 modity production shall be prohibited on the

23 non-Federal land.

24 (B) EXCEPTIONS.—Timber harvesting may

25 be conducted on the non-Federal land if the
37

•HR 2907 EH

1 Secretary determines that timber harvesting is

2 necessary—

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

4 and disease through forest thinning or

5 other forest management techniques;

6 (ii) to protect or enhance grassland

7 habitat, watershed values, native plants,

8 trees, and wildlife species; or

9 (iii) to improve forest health.

10 (6) WATER IMPROVEMENTS.—Nothing in this

11 Act prohibits the Secretary from authorizing or con12 structing new water improvements in accordance

13 with the laws (including regulations) applicable to

14 water improvements on National Forest System land

15 for—

16 (A) the benefit of domestic livestock or

17 wildlife management;

18 (B) the improvement of forest health or

19 forest restoration; or

20 (C) other National Forest purposes.

21 (d) MAPS.—

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

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

24 legal descriptions of, or encumbrances on the Fed25 eral land or non-Federal land.
38

•HR 2907 EH

1 (2) DISCREPANCY.—In the event of any dis2 crepancy between a map and legal description, the

3 map shall prevail unless the Secretary and Yavapai

4 Ranch agree otherwise.

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

6 Act shall be on file and available for inspection in

7 the Office of the Supervisor, Prescott National For8 est, Prescott, Arizona.

9 (e) EFFECT.—Nothing in this Act precludes, pro10 hibits, or otherwise restricts Yavapai Ranch from subse11 quently granting, conveying, or otherwise transferring title

12 to the Federal land after its acquisition of the Federal

13 land.

14 SEC. 8. CONVEYANCE OF ADDITIONAL LAND.

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

16 individual or entity that represents the majority of land17 owners with encroachments on the lot by quitclaim deed

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

19 (b) DESCRIPTION OF LAND.—The parcel of land re20 ferred to in subsection (a) is lot 8 in section 11, T. 21

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

22 Coconino County, Arizona.

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

24 the land described in subsection (b), the individual or enti-
39

•HR 2907 EH

1 ty acquiring the land shall pay to the Secretary consider2 ation in the amount of—

3 (1) $2500; plus

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

5 of land.

6 (d) TIMING.—

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

8 the date on which the Secretary receives a power of

9 attorney executed by the individual or entity acquir10 ing the land, the Secretary shall convey to the indi11 vidual or entity the land described in subsection (b).

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

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

14 Secretary does not receive the power of attorney de15 scribed in paragraph (1)—

16 (A) the authority provided under this sub17 section shall terminate; and

18 (B) any conveyance of the land shall be

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

20 521c et seq.).

21 SEC. 9. COMPENSATION FOR PERSONS HOLDING GRAZING

22 PERMITS.

23 Persons holding grazing permits for land transferred

24 into private ownership under this Act shall be com25 pensated in accordance with section 402(g) of the Federal
40

•HR 2907 EH

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

2 1752(g)).

3 SEC. 10. CONVEYANCE OF LEASED LAND.

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

5 individual or entity that represents the majority of land6 owners with a lease on the lot by quitclaim deed the parcel

7 of land described in subsection (b).

8 (b) DESCRIPTION OF LAND.—The parcel of land re9 ferred to in subsection (a) is approximately 4.87 acres lo10 cated in section 27, T. 22 N., R. 2 E., Gila and Salt River

11 Base and Meridian, Coconino County, Arizona.

12 (c) MAPS.—

13 (1) IN GENERAL.—The Secretary may make

14 minor modifications to the descriptions or recon15 figure the descriptions of the properties referenced

16 in subsection (b) in order to facilitate a conveyance,

17 to address management, or boundary considerations

18 or correct errors. If any land adjacent to the 4.87

19 acre parcel described in subsection (b) is conveyed to

20 the Yavapai Ranch, any such minor modifications

21 shall be by mutual agreement between the Secretary

22 and the Yavapai Ranch.

23 (2) DISCREPANCY.—In the event of any dis24 crepancy between a map and legal description, the

25 map shall prevail.
41

•HR 2907 EH

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

2 Act shall be on file and available for inspection in

3 the Office of the Supervisor, Kaibab National For4 est, Williams, Arizona.

5 (d) AMOUNT OF CONSIDERATION.—In exchange for

6 the land described in subsection (b), the individual or enti7 ty acquiring the land shall pay to the Secretary consider8 ation in the amount of—

9 (1) market value; plus

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

11 of land.

12 (e) APPRAISAL.—

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

14 land shall be determined by appraisal using the ap15 praisal standards in—

16 (A) the Uniform Appraisal Standards for

17 Federal Land Acquisitions, fifth edition (De18 cember 20, 2000); and

19 (B) the Uniform Standards of Professional

20 Appraisal Practice.

21 (2) APPROVAL.—In accordance with part

22 254.9(a)(1) of title 36, Code of Federal Regulations

23 (or any successor regulation), the appraiser shall

24 be—

25 (A) acceptable to the Secretary
42

•HR 2907 EH

1 (B) a third party contractor.

2 (f) TIMING.—

3 (1) IN GENERAL.—Not later than 180 days

4 after the date on which the Secretary receives a

5 power of attorney executed by the individual or enti6 ty acquiring the land, the Secretary shall convey to

7 the individual or entity the land described in sub8 section (b).

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

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

11 Secretary does not receive the power of attorney de12 scribed in paragraph (1)—

13 (A) the authority provided under this sub14 section shall terminate; and

15 (B) any conveyance of the land shall be

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

17 521c et seq.).

Passed the House of Representatives November 18,

2003.

Attest:

Clerk.