PUBLIC LAW 109–110—NOV. 22, 2005 119 STAT. 2351

Public Law 109–110

109th Congress

An Act

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

of Agriculture and Yavapai Ranch Limited Partnership.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Northern

Arizona Land Exchange and Verde River Basin Partnership Act

of 2005’’.

(b) TABLE OF CONTENTS.—The table of contents of this Act

is as follows:

Sec. 1. Short title; table of contents.

TITLE I—NORTHERN ARIZONA LAND EXCHANGE

Sec. 101. Definitions.

Sec. 102. Land exchange.

Sec. 103. Description of non-Federal land.

Sec. 104. Description of Federal land.

Sec. 105. Status and management of land after exchange.

Sec. 106. Miscellaneous provisions.

Sec. 107. Conveyance of additional land.

TITLE II—VERDE RIVER BASIN PARTNERSHIP

Sec. 201. Purpose.

Sec. 202. Definitions.

Sec. 203. Verde River Basin Partnership.

Sec. 204. Verde River Basin studies.

Sec. 205. Verde River Basin Partnership final report.

Sec. 206. Memorandum of understanding.

Sec. 207. Effect.

TITLE I—NORTHERN ARIZONA LAND

EXCHANGE

SEC. 101. DEFINITIONS.

In this title:

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

Friendly Pines, Patterdale Pines, Pine Summit, Sky Y, and

Young Life Lost Canyon camps in the State of Arizona.

(2) CITIES.—The term ‘‘cities’’ means the cities of Flagstaff,

Williams, and Camp Verde, Arizona.

(3) FEDERAL LAND.—The term ‘‘Federal land’’ means the

land described in section 104.

(4) NON-FEDERAL LAND.—The term ‘‘non-Federal land’’

means the land described in section 103.

Northern Arizona

Land Exchange

and Verde

River Basin

Partnership Act

of 2005.

Nov. 22, 2005

[S. 161]

119 STAT. 2352 PUBLIC LAW 109–110—NOV. 22, 2005

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

of Agriculture.

(6) YAVAPAI RANCH.—The term ‘‘Yavapai Ranch’’ means

the Yavapai Ranch Limited Partnership, an Arizona Limited

Partnership, and the Northern Yavapai, L.L.C., an Arizona

Limited Liability Company.

SEC. 102. LAND EXCHANGE.

(a) IN GENERAL.—(1) Upon the conveyance by Yavapai Ranch

of title to the non-Federal land identified in section 103, the Secretary shall simultaneously convey to Yavapai Ranch title to the

Federal land identified in section 104.

(2) Title to the lands to be exchanged shall be in a form

acceptable to the Secretary and Yavapai Ranch.

(3) The Federal and non-Federal lands to be exchanged under

this title may be modified prior to the exchange as provided in

this title.

(4)(A) By mutual agreement, the Secretary and Yavapai Ranch

may make minor and technical corrections to the maps and legal

descriptions of the lands and interests therein exchanged or retained

under this title, including changes, if necessary to conform to surveys approved by the Bureau of Land Management.

(B) In the case of any discrepancy between a map and legal

description, the map shall prevail unless the Secretary and Yavapai

Ranch agree otherwise.

(b) EXCHANGE PROCESS.—(1) Except as otherwise provided in

this title, the land exchange under subsection (a) shall be undertaken in accordance with section 206 of the Federal Land Policy

and Management Act (43 U.S.C. 1716).

(2) Before completing the land exchange under this title, the

Secretary shall perform any necessary land surveys and preexchange inventories, clearances, reviews, and approvals, including

those relating to hazardous materials, threatened and endangered

species, cultural and historic resources, and wetlands and flood

plains.

(c) EQUAL VALUE EXCHANGE.—(1) The value of the Federal

land and the non-Federal land shall be equal, or equalized by

the Secretary by adjusting the acreage of the Federal land in

accordance with paragraph (2).

(2) If the final appraised value of the Federal land exceeds

the final appraised value of the non-Federal land, prior to making

other adjustments, the Federal lands shall be adjusted by deleting

all or part of the parcels or portions of the parcels in the following

order:

(A) A portion of the Camp Verde parcel described in section

104(a)(4), comprising approximately 316 acres, located in the

Prescott National Forest, and more particularly described as

lots 1, 5, and 6 of section 26, the NE1⁄4NE1⁄4 portion of section

26 and the N1⁄2N1⁄2 portion of section 27, Township 14 North,

Range 4 East, Gila and Salt River Base and Meridian, Yavapai

County, Arizona.

(B) A portion of the Camp Verde parcel described in section

104(a)(4), comprising approximately 314 acres, located in the

Prescott National Forest, and more particularly described as

lots 2, 7, 8, and 9 of section 26, the SE1⁄4NE1⁄4 portion of

section 26, and the S1⁄2N1⁄2 of section 27, Township 14 North,

PUBLIC LAW 109–110—NOV. 22, 2005 119 STAT. 2353

Range 4 East, Gila and Salt River Base and Meridian, Yavapai

County, Arizona.

(C) Beginning at the south boundary of section 31, Township 20 North, Range 5 West, Gila and Salt River Base and

Meridian, Yavapai County, Arizona, and sections 33 and 35,

Township 20 North, Range 6 West, Gila and Salt River Base

and Meridian, Yavapai County, Arizona, by adding to the nonFederal land to be conveyed to the United States in 1⁄8-section

increments (E–W 64th line) while deleting from the conveyance

to Yavapai Ranch Federal land in the same incremental portions of section 32, Township 20 North, Range 5 West, Gila

and Salt River Base and Meridian, Yavapai County, Arizona,

and sections 32, 34, and 36 in Township 20 North, Range

6 West, Gila and Salt River Base and Meridian, Yavapai

County, Arizona, to establish a linear and continuous boundary

that runs east-to-west across the sections.

(D) Any other parcels, or portions thereof, agreed to by

the Secretary and Yavapai Ranch.

(3) If any parcel of Federal land or non-Federal land is not

conveyed because of any reason, that parcel of land, or portion

thereof, shall be excluded from the exchange and the remaining

lands shall be adjusted as provided in this subsection.

(4) If the value of the Federal land exceeds the value of the

non-Federal land by more than $50,000, the Secretary and Yavapai

Ranch shall, by mutual agreement, delete additional Federal land

from the exchange until the value of the Federal land and nonFederal land is, to the maximum extent practicable, equal.

(d) APPRAISALS.—(1) The value of the Federal land and nonFederal land shall be determined by appraisals prepared in accordance with the Uniform Appraisal Standards for Federal Land

Acquisitions and the Uniform Standards of Professional Appraisal

Practice.

(2)(A) After the Secretary has reviewed and approved the final

appraised values of the Federal land and non-Federal land to be

exchanged, the Secretary shall not be required to reappraise or

update the final appraised values before the completion of the

land exchange.

(B) This paragraph shall apply during the three-year period

following the approval by the Secretary of the final appraised values

of the Federal land and non-Federal land unless the Secretary

and Yavapai Ranch have entered into an agreement to implement

the exchange.

(3) During the appraisal process, the appraiser shall determine

the value of each parcel of Federal land and non-Federal land

(including the contributory value of each individual section of the

intermingled Federal and non-Federal land of the property

described in sections 103(a) and 104(a)(1)) as an assembled transaction.

(4)(A) To ensure the timely and full disclosure to the public

of the final appraised values of the Federal land and non-Federal

land, the Secretary shall provide public notice of any appraisals

approved by the Secretary and copies of such appraisals shall

be available for public inspection in appropriate offices of the Prescott, Coconino, and Kaibab National Forests.

(B) The Secretary shall also provide copies of any approved

appraisals to the cities and the owners of the camps described

in section 101(1).

Records.

Notice.

Applicability.

119 STAT. 2354 PUBLIC LAW 109–110—NOV. 22, 2005

(e) CONTRACTING.—(1) If the Secretary lacks adequate staff

or resources to complete the exchange by the date specified in

section 106(c), Yavapai Ranch, subject to the agreement of the

Secretary, may contract with independent third-party contractors

to carry out any work necessary to complete the exchange by

that date.

(2) If, in accordance with this subsection, Yavapai Ranch contracts with an independent third-party contractor to carry out any

work that would otherwise be performed by the Secretary, the

Secretary shall reimburse Yavapai Ranch for the costs for the

third-party contractors.

(f) EASEMENTS.—(1) The exchange of non-Federal and Federal

land under this title shall be subject to any easements, rightsof-way, utility lines, and any other valid encumbrances in existence

on the date of enactment of this Act, including acquired easements

for water pipelines as generally depicted on the map entitled

‘‘Yavapai Ranch Land Exchange, YRLP Acquired Easements for

Water Lines’’ dated August 2004, and any other reservations that

may be agreed to by the Secretary and Yavapai Ranch.

(2) Upon completion of the land exchange under this title,

the Secretary and Yavapai Ranch shall grant each other at no

charge reciprocal easements for access and utilities across, over,

and through—

(A) the routes depicted on the map entitled ‘‘Yavapai Ranch

Land Exchange, Road and Trail Easements, Yavapai Ranch

Area’’ dated August 2004; and

(B) any relocated routes that are agreed to by the Secretary

and Yavapai Ranch.

(3) An easement described in paragraph (2) shall be unrestricted

and non-exclusive in nature and shall run with and benefit the

land.

(g) CONVEYANCE OF FEDERAL LAND TO CITIES AND CAMPS.—

(1) Prior to the completion of the land exchange between Yavapai

Ranch and the Secretary, the cities and the owners of the camps

may enter into agreements with Yavapai Ranch whereby Yavapai

Ranch, upon completion of the land exchange, will convey to the

cities or the owners of the camps the applicable parcel of Federal

land or portion thereof.

(2) If Yavapai Ranch and the cities or camp owners have

not entered into agreements in accordance with paragraph (1),

the Secretary shall, on notification by the cities or owners of the

camps no later than 30 days after the date the relevant approved

appraisal is made publicly available, delete the applicable parcel

or portion thereof from the land exchange between Yavapai Ranch

and the United States as follows:

(A) Upon request of the City of Flagstaff, Arizona, the

parcels, or portion thereof, described in section 104(a)(2).

(B) Upon request of the City of Williams, Arizona, the

parcels, or portion thereof, described in section 104(a)(3).

(C) Upon request of the City of Camp Verde, Arizona,

a portion of the parcel described in section 104(a)(4), comprising

approximately 514 acres located southeast of the southeastern

boundary of the I–17 right-of-way, and more particularly

described as the SE1⁄4 portion of the southeast quarter of section

26, the E1⁄2 and the E1⁄2W1⁄2 portions of section 35, and lots

5 through 7 of section 36, Township 14 North, Range 4 East,

Deadline.

Public

information.

PUBLIC LAW 109–110—NOV. 22, 2005 119 STAT. 2355

Gila and Salt River Base and Meridian, Yavapai County,

Arizona.

(D) Upon request of the owners of the Younglife Lost

Canyon camp, the parcel described in section 104(a)(5).

(E) Upon request of the owner of Friendly Pines Camp,

Patterdale Pines Camp, Camp Pearlstein, Pine Summit, or

Sky Y Camp, as applicable, the corresponding parcel described

in section 104(a)(6).

(3)(A) Upon request of the specific city or camp referenced

in paragraph (2), the Secretary shall convey to such city or camp

all right, title, and interest of the United States in and to the

applicable parcel of Federal land or portion thereof, upon payment

of the fair market value of the parcel and subject to any terms

and conditions the Secretary may require.

(B) A conveyance under this paragraph shall not require new

administrative or environmental analyses or appraisals beyond

those prepared for the land exchange.

(4) A city or owner of a camp purchasing land under this

subsection shall reimburse Yavapai Ranch for any costs incurred

which are directly associated with surveys and appraisals of the

specific property conveyed.

(5) A conveyance of land under this subsection shall not affect

the timing of the land exchange.

(6) Nothing in this subsection limits the authority of the Secretary or Yavapai Ranch to delete any of the parcels referenced

in this subsection from the land exchange.

(7)(A) The Secretary shall deposit the proceeds of any sale

under paragraph (2) in a special account in the fund established

under Public Law 90–171 (commonly known as the ‘‘Sisk Act’’)

(16 U.S.C. 484a).

(B) Amounts deposited under subparagraph (A) shall be available to the Secretary, without further appropriation, to be used

for the acquisition of land in the State of Arizona for addition

to the National Forest System, including the land to be exchanged

under this title.

SEC. 103. DESCRIPTION OF NON-FEDERAL LAND.

(a) IN GENERAL.—The non-Federal land referred to in this

title consists of approximately 35,000 acres of privately-owned land

within the boundaries of the Prescott National Forest, as generally

depicted on the map entitled ‘‘Yavapai Ranch Land Exchange, NonFederal Lands’’, dated August 2004.

(b) EASEMENTS.—(1) The conveyance of non-Federal land to

the United States under section 102 shall be subject to the reservation of—

(A) water rights and perpetual easements that run with

and benefit the land retained by Yavapai Ranch for—

(i) the operation, maintenance, repair, improvement,

development, and replacement of not more than 3 wells

in existence on the date of enactment of this Act;

(ii) related storage tanks, valves, pumps, and hardware; and

(iii) pipelines to point of use; and

(B) easements for reasonable access to accomplish the purposes of the easements described in subparagraph (A).

119 STAT. 2356 PUBLIC LAW 109–110—NOV. 22, 2005

(2) Each easement for an existing well referred to in paragraph

(1) shall be 40 acres in area, and to the maximum extent practicable,

centered on the existing well.

(3) The United States shall be entitled to one-half the production of each existing or replacement well, not to exceed a total

of 3,100,000 gallons of water annually for National Forest System

purposes.

(4) The locations of the easements and wells shall be as generally depicted on the map entitled ‘‘Yavapai Ranch Land Exchange,

Reserved Easements for Water Lines and Wells’’, dated August

2004.

SEC. 104. DESCRIPTION OF FEDERAL LAND.

(a) IN GENERAL.—The Federal land referred to in this title

consists of the following:

(1) Certain land comprising approximately 15,300 acres

located in the Prescott National Forest, as generally depicted

on the map entitled ‘‘Yavapai Ranch Land Exchange, Yavapai

Ranch Area Federal Lands’’, dated August 2004.

(2) Certain land located in the Coconino National Forest—

(A) comprising approximately 1,500 acres as generally

depicted on the map entitled ‘‘Yavapai Ranch Land

Exchange, Flagstaff Federal Lands Airport Parcel’’, dated

August 2004; and

(B) comprising approximately 28.26 acres in two separate parcels, as generally depicted on the map entitled

‘‘Yavapai Ranch Land Exchange, Flagstaff Federal Lands

Wetzel School and Mt. Elden Parcels’’, dated August 2004.

(3) Certain land located in the Kaibab National Forest,

and referred to as the Williams Airport, Williams golf course,

Williams Sewer, Buckskinner Park, Williams Railroad, and

Well parcels number 2, 3, and 4, cumulatively comprising

approximately 950 acres, as generally depicted on the map

entitled ‘‘Yavapai Ranch Land Exchange, Williams Federal

Lands’’, dated August 2004.

(4) Certain land located in the Prescott National Forest,

comprising approximately 2,200 acres, as generally depicted

on the map entitled ‘‘Yavapai Ranch Land Exchange, Camp

Verde Federal Land General Crook Parcel’’, dated August 2004.

(5) Certain land located in the Kaibab National Forest,

comprising approximately 237.5 acres, as generally depicted

on the map entitled ‘‘Yavapai Ranch Land Exchange, Younglife

Lost Canyon’’, dated August 2004.

(6) Certain land located in the Prescott National Forest,

including the ‘‘Friendly Pines’’, ‘‘Patterdale Pines’’, ‘‘Camp

Pearlstein’’, ‘‘Pine Summit’’, and ‘‘Sky Y’’ camps, cumulatively

comprising approximately 200 acres, as generally depicted on

the map entitled ‘‘Yavapai Ranch Land Exchange, Prescott

Federal Lands, Summer Youth Camp Parcels’’, dated August

2004.

(b) CONDITION OF CONVEYANCE OF CAMP VERDE PARCEL.—(1)

To conserve water in the Verde Valley, Arizona, and to minimize

the adverse impacts from future development of the Camp Verde

General Crook parcel described in subsection (a)(4) on current and

future holders of water rights in existence of the date of enactment

of this Act and the Verde River and National Forest System lands

retained by the United States, the United States shall limit in

Conservation.

PUBLIC LAW 109–110—NOV. 22, 2005 119 STAT. 2357

perpetuity the use of water on the parcel by reserving conservation

easements that—

(A) run with the land;

(B) prohibit golf course development on the parcel;

(C) require that any public park or greenbelt on the parcel

be watered with treated wastewater;

(D) limit total post-exchange water use on the parcel to

not more than 300 acre-feet of water per year;

(E) provide that any water supplied by municipalities or

private water companies shall count towards the post-exchange

water use limitation described in subparagraph (D); and

(F) except for water supplied to the parcel by municipal

water service providers or private water companies, require

that any water used for the parcel not be withdrawn from

wells perforated in the saturated Holocene alluvium of the

Verde River.

(2) If Yavapai Ranch conveys the Camp Verde parcel described

in subsection (a)(4), or any portion thereof, the terms of conveyance

shall include a recorded and binding agreement of the quantity

of water available for use on the land conveyed, as determined

by Yavapai Ranch, except that total water use on the Camp Verde

parcel may not exceed the amount specified in paragraph (1)(D).

(3) The Secretary may enter into a memorandum of understanding with the State or political subdivision of the State to

enforce the terms of the conservation easement.

SEC. 105. STATUS AND MANAGEMENT OF LAND AFTER EXCHANGE.

(a) IN GENERAL.—Land acquired by the United States under

this title shall become part of the Prescott National Forest and

shall be administered by the Secretary in accordance with this

title and the laws applicable to the National Forest System.

(b) GRAZING.—Where grazing on non-Federal land acquired by

the Secretary under this title occurs prior to the date of enactment

of this Act, the Secretary may manage the land to allow for continued grazing use, in accordance with the laws generally applicable

to domestic livestock grazing on National Forest System land.

(c) TIMBER HARVESTING.—(1) After completion of the land

exchange under this title, except as provided in paragraph (2),

commercial timber harvesting shall be prohibited on the non-Federal land acquired by the United States.

(2) Timber harvesting may be conducted on the non-Federal

land acquired under this title if the Secretary determines that

such harvesting is necessary—

(A) to prevent or control fires, insects, and disease through

forest thinning or other forest management techniques;

(B) to protect or enhance grassland habitat, watershed

values, native plants and wildlife species; or

(C) to improve forest health.

SEC. 106. MISCELLANEOUS PROVISIONS.

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

any of the Federal land from appropriation or disposal under the

public land laws are revoked to the extent necessary to permit

disposal of the Federal land.

(b) WITHDRAWAL OF FEDERAL LAND.—Subject to valid existing

rights, the Federal land is withdrawn from all forms of entry

and appropriation under the public land laws; location, entry, and

patent under the mining laws; and operation of the mineral leasing

119 STAT. 2358 PUBLIC LAW 109–110—NOV. 22, 2005

and geothermal leasing laws, until the date on which the land

exchange is completed.

(c) COMPLETION OF EXCHANGE.—It is the intent of Congress

that the land exchange authorized and directed under this title

be completed not later than 18 months after the date of enactment

of this Act.

SEC. 107. CONVEYANCE OF ADDITIONAL LAND.

(a) IN GENERAL.—The Secretary shall convey to a person that

represents the majority of landowners with encroachments on the

lot by quitclaim deed the parcel of land described in subsection

(b).

(b) DESCRIPTION OF LAND.—The parcel of land referred to in

subsection (a) is lot 8 in section 11, T. 21 N., R. 7 E., Gila and

Salt River Base and Meridian, Coconino County, Arizona.

(c) AMOUNT OF CONSIDERATION.—In exchange for the land

described in subsection (b), the person acquiring the land shall

pay to the Secretary consideration in the amount of— (1) $2500; plus

(2) any costs of re-monumenting the boundary of land.

(d) TIMING.—(1) Not later than 90 days after the date on

which the Secretary receives a power of attorney executed by the

person acquiring the land, the Secretary shall convey to the person

the land described in subsection (b).

(2) If, by the date that is 270 days after the date of enactment

of this Act, the Secretary does not receive the power of attorney

described in paragraph (1)—

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

(B) any conveyance of the land shall be made under Public

Law 97–465 (16 U.S.C. 521c et seq.).

TITLE II—VERDE RIVER BASIN

PARTNERSHIP

SEC. 201. PURPOSE.

The purpose of this title is to authorize assistance for a collaborative and science-based water resource planning and management

partnership for the Verde River Basin in the State of Arizona,

consisting of members that represent—

(1) Federal, State, and local agencies; and

(2) economic, environmental, and community water

interests in the Verde River Basin.

SEC. 202. DEFINITIONS.

In this title:

(1) DIRECTOR.—The term ‘‘Director’’ means the Director

of the Arizona Department of Water Resources.

(2) PARTNERSHIP.—The term ‘‘Partnership’’ means the

Verde River Basin Partnership.

(3) PLAN.—The term ‘‘plan’’ means the plan for the Verde

River Basin required by section 204(a)(1).

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of Agriculture.

(5) STATE.—The term ‘‘State’’ means the State of Arizona.

Conservation.

Deadline.

PUBLIC LAW 109–110—NOV. 22, 2005 119 STAT. 2359

(6) VERDE RIVER BASIN.—The term ‘‘Verde River Basin’’

means the land area designated by the Arizona Department

of Water Resources as encompassing surface water and groundwater resources, including drainage and recharge areas with

a hydrologic connection to the Verde River.

(7) WATER BUDGET.—The term ‘‘water budget’’ means the

accounting of—

(A) the quantities of water leaving the Verde River

Basin—

(i) as discharge to the Verde River and tributaries;

(ii) as subsurface outflow;

(iii) as evapotranspiration by riparian vegetation;

(iv) as surface evaporation;

(v) for agricultural use; and

(vi) for human consumption; and

(B) the quantities of water replenishing the Verde

River Basin by precipitation, infiltration, and subsurface

inflows.

SEC. 203. VERDE RIVER BASIN PARTNERSHIP.

(a) IN GENERAL.—The Secretary may participate in the

establishment of a partnership, to be known as the ‘‘Verde River

Basin Partnership’’, made up of Federal, State, local governments,

and other entities with responsibilities and expertise in water to

coordinate and cooperate in the identification and implementation

of comprehensive science-based policies, projects, and management

activities relating to the Verde River Basin.

(b) AUTHORIZATION OF APPROPRIATIONS.—On establishment of

the Partnership, there are authorized to be appropriated to the

Secretary and the Secretary of the Interior such sums as are necessary to carry out the activities of the Partnership for each of

fiscal years 2006 through 2010.

SEC. 204. VERDE RIVER BASIN STUDIES.

(a) STUDIES.— (1) IN GENERAL.—The Partnership shall prepare a plan

for conducting water resource studies in the Verde River Basin

that identifies—

(A) the primary study objectives to fulfill water

resource planning and management needs for the Verde

River Basin; and

(B) the water resource studies, hydrologic models, surface and groundwater monitoring networks, and other

analytical tools helpful in the identification of long-term

water supply management options within the Verde River

Basin.

(2) REQUIREMENTS.—At a minimum, the plan shall—

(A) include a list of specific studies and analyses that

are needed to support Partnership planning and management decisions;

(B) identify any ongoing or completed water resource

or riparian studies that are relevant to water resource

planning and management for the Verde River Basin;

(C) describe the estimated cost and duration of the

proposed studies and analyses; and

(D) designate as a study priority the compilation of

a water budget analysis for the Verde Valley.

(b) VERDE VALLEY WATER BUDGET ANALYSIS.—

119 STAT. 2360 PUBLIC LAW 109–110—NOV. 22, 2005

(1) IN GENERAL.—Subject to the availability of appropriations, not later than 14 months after the date of enactment

of this Act, the Director of the United States Geological Survey,

in cooperation with the Director, shall prepare and submit

to the Partnership a report that provides a water budget analysis of the portion of the Verde River Basin within the Verde

Valley.

(2) COMPONENTS.—The report submitted under paragraph

(1) shall include—

(A) a summary of the information available on the

hydrologic flow regime for the portion of the Middle Verde

River from the Clarkdale streamgauging station to the

city of Camp Verde at United States Geological Survey

Stream Gauge 09506000;

(B) with respect to the portion of the Middle Verde

River described in subparagraph (A), estimates of—

(i) the inflow and outflow of surface water and

groundwater;

(ii) annual consumptive water use; and

(iii) changes in groundwater storage; and

(C) an analysis of the potential long-term consequences

of various water use scenarios on groundwater levels and

Verde River flows.

(c) PRELIMINARY REPORT AND RECOMMENDATIONS.—

(1) IN GENERAL.—Not later than 16 months after the date

of enactment of this Act, using the information provided in

the report submitted under subsection (b) and any other relevant information, the Partnership shall submit to the Secretary, the Governor of Arizona, and representatives of the

Verde Valley communities, a preliminary report that sets forth

the findings and recommendations of the Partnership regarding

the long-term available water supply within the Verde Valley.

(2) CONSIDERATION OF RECOMMENDATIONS.—The Secretary

may take into account the recommendations included in the

report submitted under paragraph (1) with respect to decisions

affecting land under the jurisdiction of the Secretary, including

any future sales or exchanges of Federal land in the Verde

River Basin after the date of enactment of this Act.

(3) EFFECT.—Any recommendations included in the report

submitted under paragraph (1) shall not affect the land

exchange process or the appraisals of the Federal land and

non-Federal land conducted under sections 103 and 104.

SEC. 205. VERDE RIVER BASIN PARTNERSHIP FINAL REPORT.

Not later than 4 years after the date of enactment of this

Act, the Partnership shall submit to the Secretary and the Governor

of Arizona a final report that—

(1) includes a summary of the results of any water resource

assessments conducted under this title in the Verde River

Basin;

(2) identifies any areas in the Verde River Basin that

are determined to have groundwater deficits or other current

or potential water supply problems;

(3) identifies long-term water supply management options

for communities and water resources within the Verde River

Basin; and

Deadline.

Reports.

PUBLIC LAW 109–110—NOV. 22, 2005 119 STAT. 2361

LEGISLATIVE HISTORY—S. 161:

SENATE REPORTS: No. 109–40 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD, Vol. 151 (2005):

July 26, considered and passed Senate.

Nov. 15, considered and passed House.

Æ

(4) identifies water resource analyses and monitoring

needed to support the implementation of management options.

SEC. 206. MEMORANDUM OF UNDERSTANDING.

The Secretary (acting through the Chief of the Forest Service)

and the Secretary of the Interior, shall enter into a memorandum

of understanding authorizing the United States Geological Survey

to access Forest Service land (including stream gauges, weather

stations, wells, or other points of data collection on the Forest

Service land) to carry out this title.

SEC. 207. EFFECT.

Nothing in this title diminishes or expands State or local jurisdiction, responsibilities, or rights with respect to water resource

management or control.

Approved November 22, 2005.