II 

108TH CONGRESS 

1ST SESSION H. R. 2907

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 19, 2003

Received 

DECEMBER 9, 2003

Read twice and referred to the Committee on Energy and Natural Resources 

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,
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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—
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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 
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1 Forest will serve important public objectives, includ2 ing—

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 
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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 par7 cels—

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 
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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. 
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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 
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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. 
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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 
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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 
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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-
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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 
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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.
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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-
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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.—
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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 prac25 ticable—
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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 
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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—
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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 
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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 
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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, includ16 ing—

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-
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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 
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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 
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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 
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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 
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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-
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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 
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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 
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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 
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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-
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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-
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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. 
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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 
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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. 
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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 
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HR 2907 RFS 

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 
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HR 2907 RFS 

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. 
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HR 2907 RFS 

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

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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 
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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. 
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HR 2907 RFS 

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 
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HR 2907 RFS 

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: JEFF TRANDAHL, 

Clerk.