I
107TH CONGRESS
2D SESSION
H. R. 5513
To authorize and direct the exchange of certain land in the State of Arizona
between the Secretary of Agriculture and Yavapai Ranch Limited Partnership.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 1, 2002
Mr. HAYWORTH (for himself, Mr. STUMP, and Mr. FLAKE) introduced the
following bill; which was referred to the Committee on Resources
A BILL
To authorize and direct the exchange of certain land in
the State of Arizona between the Secretary of Agri-
culture and Yavapai Ranch Limited Partnership.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Yavapai Ranch Land
Exchange Refinement Act of 2002’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) certain parcels of private land in the ap-
proximately 170 square miles of land commonly
known as the ‘‘Yavapai Ranch’’ and located in
Yavapai County, Arizona, are intermingled with Na-
tional Forest System land owned by the United
States and administered by the Secretary of Agri-
culture as part of Prescott National Forest;
(2) the private land is owned by the Yavapai
Ranch Limited Partnership and the Northern
Yavapai, L.L.C. in an intermingled checkerboard
pattern, with the United States or Yavapai Ranch
Limited Partnership and the Northern Yavapai,
L.L.C. owning alternate square mile sections of land
or fractions of square mile sections;
(3) much of the private land within the checker-
board area (including the land located in or near the
Pine Creek watershed, Juniper Mesa Wilderness
Area, Haystack Peak, and the Luis Maria Baca
Float No. 5) is located in environmentally sensitive
areas that possess outstanding attributes and values
for public management, use, and enjoyment, includ-
ing opportunities for—
(A) outdoor recreation;
(B) preservation of stands of old growth
forest;
(C) important and largely unfragmented
habitat for antelope, deer, elk, mountain lion,
wild turkey, and other wildlife species;
(D) watershed protection and enhance-
ment;
(E) scientific research;
(F) rangeland;
(G) ecological and archaeological resources;
and
(H) scenic vistas;
(4) the checkerboard ownership pattern of land
within the Yavapai Ranch detracts from sound and
efficient management of the intermingled National
Forest System land;
(5) if the private land in the checkerboard area
is subdivided or developed, the intermingled National
Forest System land will become highly fragmented
and lose much of the value of the land for wildlife
habitat and future public access, use, and enjoy-
ment;
(6) acquisition by the United States of certain
parcels of land that have been offered by Yavapai
Ranch Limited Partnership and the Northern
Yavapai, L.L.C. for addition to Prescott National
Forest will serve important public objectives,
including—
(A) acquiring private land that meets the
criteria for inclusion in the National Forest
System in exchange for land with lower public,
environmental, and ecological values;
(B) consolidating a large area of National
Forest System land to preserve—
(i) permanent public access, use, and
enjoyment of the land; and
(ii) efficient management of the land;
(C) minimizing cash outlays by the United
States to achieve the objectives described in
subparagraphs (A) and (B);
(D) significantly reducing administrative
costs to the United States through—
(i) consolidation of Federal land hold-
ings for more efficient land management
and planning;
(ii) elimination of approximately 350
miles of boundary between private land
and the Federal parcels;
(iii) reduced right-of-way, special use,
and other permit processing and issuance
for roads and other facilities on National
Forest System land; and
(iv) other administrative cost savings;
(E) significantly protecting the watershed
and stream flow of the Verde River in Arizona
by reducing the land available for future devel-
opment within that watershed by approximately
25,000 acres; and
(F) conserving the waters of the Verde
River through the recording of declarations re-
stricting the use of water on Federal land lo-
cated near the communities of Camp Verde,
Cottonwood and Clarkdale to be exchanged by
the United States to Yavapai Ranch Limited
Partnership or the Northern Yavapai, L.L.C.;
(7) Yavapai Ranch Limited Partnership and
the Northern Yavapai, L.L.C. have selected parcels
of National Forest System land that are logical for
conveyance to Yavapai Ranch Limited Partnership
or the Northern Yavapai, L.L.C. through a land ex-
change because the parcels—
(A) are located in less environmentally sen-
sitive areas than the land to be acquired by the
United States;
(B) have significantly lower recreational,
wildlife, ecological, aesthetic, and other public
purpose values than the land to be acquired by
the United States; and
(C) are encumbered by special use permits
and rights-of-way for a variety of purposes (in-
cluding summer youth camps, municipal water
treatment facilities, sewage treatment facilities,
city parks, and airport-related facilities) that—
(i) limit the usefulness of the parcels
for general National Forest System pur-
poses; but
(ii) are logical for pass-through con-
veyances from Yavapai Ranch Limited
Partnership and the Northern Yavapai,
L.L.C. to the permit or right-of-way hold-
ers;
(8) because of residential and ranchette-style
subdivisions and developments on land adjacent to
the Yavapai Ranch, it is in the interest of the
public—
(A) to authorize, direct, facilitate, and ex-
pedite the exchange of Federal land and non-
Federal land; and
(B) to establish a large consolidated area
of National Forest System land; and
(9) without a land exchange, Yavapai Ranch
Limited Partnership and the Northern Yavapai,
L.L.C. will be forced to initiate development of the
non-Federal land.
(b) PURPOSE.—The purpose of this Act is to further
the public interest by authorizing, directing, facilitating,
and expediting the exchange of Federal land and non-Fed-
eral land between the United States, Yavapai Ranch Lim-
ited Partnership, and the Northern Yavapai, L.L.C.
SEC. 3. DEFINITIONS.
In this Act:
(1) CAMP
VERDE
DECLARATION.—The term
‘‘Camp Verde Declaration’’ means the Declaration of
Covenants, Conditions, and Restrictions executed by
Yavapai Ranch Limited Partnership and the North-
ern Yavapai, L.L.C., on or about August 12, 2002,
and recorded in the official records of Yavapai Coun-
ty, Arizona, that is intended to run with the land
and imposes certain water use restrictions, water
source limitations, and water conservation measures
on the future development of the land described in
section 4(a)(2)(D).
(2) COTTONWOOD
DECLARATION.—The term
‘‘Cottonwood Declaration’’ means the Declaration of
Covenants, Conditions and Restrictions executed by
Yavapai Ranch Limited Partnership and the North-
ern Yavapai, L.L.C., on or about August 12, 2002,
and recorded in the official records of Yavapai Coun-
ty, Arizona, that is intended to run with the land
and imposes certain water use restrictions, water
source limitations, and water conservation measures
on the future development of the land described in
section 4(a)(2)(E).
(3) DECLARATIONS.—The term ‘‘Declarations’’
collectively means the Camp Verde Declaration and
the Cottonwood Declaration, both of which Congress
is requiring to be recorded as encumbrances on the
Camp Verde Federal land described in section
4(a)(2)(D) and the Cottonwood/Clarkdale Federal
land described in section 4(a)(2)(E) in order to con-
serve water resources in the Verde River Valley, Ari-
zona.
(4) FEDERAL LAND.—The term ‘‘Federal land’’
means the land directed for exchange to YRLP in
section 4(a)(2).
(5) MANAGEMENT PLAN.—The term ‘‘Manage-
ment Plan’’ means the land and resource manage-
ment plan for Prescott National Forest.
(6) NON-FEDERAL LAND.—The term ‘‘non-Fed-
eral land’’ means the approximately 35,000 acres of
non-Federal land located within the boundaries of
Prescott National Forest and directed for exchange
to the United States, as generally depicted on the
map entitled ‘‘Yavapai Ranch Non-Federal Lands’’,
dated April 2002.
(7) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture.
(8) SUMMER
CAMPS.—The term ‘‘summer
camps’’ means Camp Pearlstein and Friendly Pines,
Patterdale Pines, Pine Summit, Sky Y, and
YoungLife Lost Canyon camps in the State of Ari-
zona.
(9) YRLP.—
(A) IN
GENERAL.—The term ‘‘YRLP’’
means—
(i) the Yavapai Ranch Limited Part-
nership, an Arizona Limited Partnership;
and
(ii) the Northern Yavapai, L.L.C., an
Arizona Limited Liability Company.
(B) INCLUSIONS.—Except as otherwise ex-
pressly provided in this Act, the term ‘‘YRLP’’
includes successors-in-interest, assigns, trans-
ferees, and affiliates of YRLP.
SEC. 4. LAND EXCHANGE.
(a) CONVEYANCE
OF
FEDERAL
LAND
BY
THE
UNITED STATES.—
(1) IN GENERAL.—On receipt of an offer from
YRLP to convey the non-Federal land, the Secretary
shall convey to YRLP by deed acceptable to YRLP
all right, title, and interest of the United States in
and to the Federal land described in paragraph (2),
subject to easements, rights-of-way, utility lines, and
any other valid encumbrances on the Federal land in
existence on the date of enactment of this Act and
such other reservations as may be mutually agreed
to by the Secretary and YRLP.
(2) DESCRIPTION
OF
FEDERAL
LAND.—The
Federal land referred to in paragraph (1) shall con-
sist of the following:
(A) Certain land comprising approximately
15,300 acres located in Yavapai County, Ari-
zona, as generally depicted on the map entitled
‘‘Yavapai Ranch-Ranch Area Federal Lands’’,
dated April 2002.
(B) Certain land in the Coconino National
Forest, Coconino County Arizona—
(i) comprising approximately 1,500
acres located in Coconino National Forest,
Coconino County, Arizona, as generally de-
picted on the map entitled ‘‘Flagstaff Fed-
eral Lands-Airport Parcel’’, dated April
2002; and
(ii) comprising approximately 28.26
acres in 2 separate parcels, as generally
depicted on the map entitled ‘‘Flagstaff
Federal Lands—Wetzel School and Mt.
Elden Parcels’’, dated September 2002.
(C) Certain land referred to as Williams
Airport, Williams golf course, Williams Sewer,
Buckskinner Park, Williams Railroad, and Well
parcels numbers 2, 3, and 4, comprising ap-
proximately 950 acres, all located in Kaibab
National Forest, Coconino County, Arizona, as
generally depicted on the map entitled ‘‘Wil-
liams Federal Lands’’, dated April 2002.
(D) Certain land comprising approximately
2,200 acres located in Prescott National Forest,
Yavapai County, Arizona, as generally depicted
on the map entitled ‘‘Camp Verde Federal
Land—General Crook Parcel’’, dated April
2002, and title to which shall be conveyed to
Yavapai Ranch Limited Partnership or the
Northern Yavapai, L.L.C., but not to any suc-
cessor-in-interest, assign, transferee or affiliate
of Yavapai Ranch Limited Partnership or the
Northern Yavapai, L.L.C., or any other person
or entity holding or acquiring any interest in
Yavapai Ranch.
(E) Certain land comprising approximately
820 acres located in Prescott National Forest
in Yavapai County, Arizona, as generally de-
picted on the map entitled ‘‘Cottonwood/
Clarkdale Federal Lands’’, dated April 2002,
and title to which shall be conveyed to Yavapai
Ranch Limited Partnership or the Northern
Yavapai, L.L.C., but not to any successor-in-in-
terest, assign, transferee or affiliate of Yavapai
Ranch Limited Partnership or the Northern
Yavapai, L.L.C., or any other person or entity
holding or acquiring any interest in Yavapai
Ranch.
(F) Certain land comprising approximately
237.5 acres located in Kaibab National Forest,
Coconino County, Arizona, as generally depicted
on the map entitled ‘‘Younglife Lost Canyon’’,
dated April 2002.
(G) Certain land comprising approximately
200 acres located in Prescott National Forest,
Yavapai County, Arizona, and including Friend-
ly Pines, Patterdale Pines, Camp Pearlstein,
Pine Summit, and Sky Y, as generally depicted
on the map entitled ‘‘Prescott Federal Lands—
Summer Youth Camp Parcels’’, dated April
2002.
(H) Perpetual, unrestricted, and nonexclu-
sive easements that—
(i) run with and benefit land owned
by or conveyed to YRLP across certain
land of the United States;
(ii) are for—
(I) the purposes of operating,
maintaining, 
repairing, 
improving,
and replacing electric power lines or
water pipelines (including related stor-
age tanks, valves, pumps, and hard-
ware); and
(II) rights of reasonable ingress
and egress necessary for the purposes
described in subclause (I);
(iii) are 20 feet in width; and
(iv) are located 10 feet on either side
of each line depicted on the map entitled
‘‘YRLP Acquired Easements for Water
Lines’’, dated April 2002.
(3) CONDITIONS.—
to conform to the legal description in
paragraph (2)(D).
(ii) COTTONWOOD/CLARKDALE.—
(I) IN GENERAL.—Before YRLP
acquires the parcel described in para-
graph (2)(E), YRLP shall execute and
record the Cottonwood Declaration.
(II) AMENDED DECLARATION.—
Following the acquisition of the parcel
described in paragraph (2)(E), YRLP
shall execute and record with the
Yavapai County Recorder an amended
declaration in which the legal descrip-
tion of the land referred to in the Cot-
tonwood Declaration is amended to
conform to the legal description in
paragraph (2)(E).
(b) CONVEYANCE
OF
NON-FEDERAL
LAND
BY
YRLP.—
(1) IN GENERAL.—On receipt of title to the
Federal land, YRLP shall simultaneously convey to
the United States, by deed acceptable to Secretary
and subject to any encumbrances, all right, title, and
interest of YRLP in and to the non-Federal land.
(2) EASEMENTS.—
(A) IN GENERAL.—The conveyance of non-
Federal land to the United States under para-
graph (1) shall be subject to the reservation
of—
(i) perpetual and unrestricted ease-
ments and water rights that run with and
benefit the land retained by YRLP for—
(I) the operation, maintenance,
repair, 
improvement, 
development,
and replacement of not more than 3
existing wells;
(II) related storage tanks, valves,
pumps, and hardware; and
(III) pipelines to points of use;
and
(ii) easements for reasonable ingress
and egress to accomplish the purposes of
the easements described in clause (i).
(B) EXISTING WELLS.—
(i) IN GENERAL.—Each easement for
an existing well shall be—
(I) 40 acres in area; and
(II) to the maximum extent
practicable—
(aa) centered on the existing
well; and
(bb) located in the same
square mile section of land.
(ii) LIMITATION.—Within a 40-acre
easement described in clause (i), the
United States and any permitees or licens-
ees of the United States shall be prohibited
from undertaking any activity that inter-
feres with the use of the wells by YRLP,
without the written consent of YRLP.
(iii) RESERVATION
OF
WATER
FOR
THE UNITED STATES.—The United States
shall be entitled to 1⁄2 of the production of
each existing well, not to exceed a total of
3,100,000 gallons of water annually, for
watering wildlife and stock from all 3
wells.
(C) REASONABLE
ACCESS.—Each ease-
ment for ingress and egress shall be at least 20
feet in width.
(D) LOCATION.—The locations of the ease-
ments and wells shall be the locations generally
depicted on a map entitled ‘‘YRLP Reserved
Easements for Water Lines and Wells’’, dated
April 2002.
(c) LAND TRANSFER PROBLEMS.—
(1) FEDERAL LAND.—If all or part of any par-
cels of Federal land cannot be transferred to YRLP
because of hazardous materials, or if the proposed
title to a Federal land parcel or parcels or fraction
thereof is unacceptable to YRLP because of the ex-
istence of unpatented mining claims, or in the event
of the presence of threatened or endangered species
or cultural or historic resources which cannot be
mitigated, or other third party rights under the pub-
lic land laws, the parcel or parcels or parts thereof
shall be deleted from the exchange and the Secretary
and YRLP may mutually agree to exchange other
Federal land in lieu of the deleted parcel or part
thereof in accordance with section 5(c). If the parcel
or parcels are deleted from the exchange, the non-
Federal land shall be adjusted in accordance with
section 5(c) as necessary to achieve equal value.
(2) NON-FEDERAL LAND.—If 1 or more of the
parcels of non-Federal land or a portion of such a
parcel cannot be conveyed to the United States be-
cause of the presence of hazardous materials or be-
cause the proposed title to a parcel or a portion of
the parcel is unacceptable to the Secretary—
(A) the parcel or any portion of the parcel
shall be excluded from the exchange; and
(B) the Federal land shall be adjusted in
accordance with section 5(c) to achieve approxi-
mate equal value.
(d) PASS-THROUGH CONVEYANCES.—
(1) IN GENERAL.—On or after the acquisition
of the Federal land, YRLP may subsequently pass
through or convey to the cities of Flagstaff, Wil-
liams, Camp Verde, Cottonwood, and the summer
camps the parcels of Federal land or portions of
parcels located in or near the cities or summer
camps.
(2) DELETION
FROM
EXCHANGE.—If YRLP
and the cities or summer camps referred to in para-
graph (1) have not agreed to the terms and condi-
tions of a pass-through or subsequent conveyance of
a parcel or portion of a parcel of Federal land before
the completion of the exchange, the Secretary, on
notice by YRLP, shall delete the parcel or any por-
tion of the parcel from the exchange, provided that
any portion so deleted shall be configured by the
Secretary to leave the United States with manage-
able post-exchange lands and boundaries.
(3) EASEMENTS.—In accordance with section
120(h) of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9620(h)), the United States shall reserve
easements in any land transferred to YRLP.
SEC. 5. EXCHANGE VALUATION, APPRAISALS, AND EQUALI-
ZATION.
(a) EQUAL VALUE EXCHANGE.—The values of the
non-Federal and Federal land directed to be exchanged
under this Act—
(1) shall be equal, as determined by the Sec-
retary; or
(2) if the values are not equal, shall be equal-
ized in accordance with subsection (c).
(b) APPRAISALS.—
(1) IN GENERAL.—The values of the Federal
land and non-Federal land shall be determined by
appraisals using the appraisal standards in—
(A) the Uniform Appraisal Standards for
Federal Land Acquisitions, fifth edition (De-
cember 20, 2000); and
(B) the Uniform Standards of Professional
Appraisal Practice.
(2) 
APPROVAL.—In 
accordance 
with 
part
254.9(a)(1) of title 36, Code of Federal Regulations
(or any successor regulation), the appraiser shall
be—
(A) acceptable to the Secretary and YRLP;
and
(B) a contractor, the clients of which shall
be both the Secretary and YRLP.
(3) REQUIREMENTS.—During the appraisal
process—
(A) the Secretary and YRLP shall have
equal access to the appraiser; and
(B) the Secretary and YRLP shall cooper-
ate with each other and the appraiser to pre-
pare appraisal instructions which shall require
the appraiser to—
(i) consider the effect on value of the
Federal land or non-Federal land because
of the existence of encumbrances on each
parcel, including—
(I) permitted uses on Federal
land that cannot be reasonably termi-
nated before the appraisal;
(II) facilities on Federal land
that cannot be reasonably removed be-
fore the appraisal; and
(III) the reduction in value at-
tributable to the conservation meas-
ures and restrictions on water use
under the Declarations; and
(ii) determine the value of each parcel
of Federal land and non-Federal land (in-
cluding the value of each individual section
of the intermingled Federal and non-Fed-
eral land of the Yavapai Ranch) as an as-
sembled transaction consistent with the ap-
plicable provisions of parts 254.5 and
254.9(b)(1)(v) of title 36, Code of Federal
Regulations (or any successor regulation).
(4) DISPUTE RESOLUTION.—A dispute relating
to the appraised values of the Federal land or non-
Federal land following completion of the appraisal
shall be processed in accordance with—
(A) section 206(d) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1716(d)); and
(B) part 254.10 of title 36, Code of Fed-
eral Regulations (or any successor regulation).
(5) APPRAISAL
PERIOD.—After the final ap-
praised values of the Federal land and non-Federal
land have been reviewed and approved by the Sec-
retary or otherwise determined in accordance with
the requirements of paragraph (4), the final ap-
praised values—
(A) shall not be reappraised or updated by
the Secretary before the completion of the land
exchange; and
(B) shall be considered to be the values of
the Federal land and non-Federal land on the
date of the transfer of title.
(6) AVAILABILITY.—A comprehensive summary
of the appraisals approved by the Secretary shall be
made available for public inspection in the Offices of
the Supervisors for Prescott, Coconino, and Kaibab
National Forests at the time the exchange is con-
summated.
(c) EQUALIZATION OF VALUES.—
(1) SURPLUS OF NON-FEDERAL LAND.—
(A) IN
GENERAL.—If, after any adjust-
ments are made to the non-Federal land or
Federal land under subsection (c) or (d) of sec-
tion 4, the final appraised value of the non-Fed-
eral land exceeds the final appraised value of
the Federal land, the Federal land and non-
Federal land shall be adjusted in accordance
with subparagraph (B) until the values are ap-
proximately equal.
(B) ADJUSTMENTS.—An adjustment re-
ferred to in subparagraph (A) shall be accom-
plished by beginning at the east boundary of
section 30, T. 20 N., R. 6 W., Gila and Salt
River Base and Meridian, Yavapai County, Ari-
zona, and adding to the Federal land to be con-
veyed to YRLP in 1⁄8 section increments (N–S
64th line) and lot lines across the section, while
deleting from the conveyance to the United
States non-Federal land in the same incre-
mental portions of sections 19 and 31, T. 20
N., R. 6 W., Gila and Salt River Base and Me-
ridian, Yavapai County, Arizona, to establish a
linear and continuous boundary that runs north
to south across the sections.
(2) SURPLUS OF FEDERAL LAND.—
(A) IN
GENERAL.—If, after any adjust-
ments are made to the non-Federal land or
Federal land under subsection (c) or (d) of sec-
tion 4, the final appraised value of the Federal
land exceeds the final appraised value of the
non-Federal land, the Federal land and non-
Federal land shall be adjusted in accordance
with subparagraph (B) until the values are ap-
proximately equal.
(B) ADJUSTMENTS.—Adjustments under
subparagraph (A) shall be made in the fol-
lowing order:
(i) Beginning at the south boundary
of section 31, T. 20 N., R. 5 W., Gila and
Salt River Base and Meridian, Yavapai
County, Arizona, and sections 33 and 35,
T. 20 N., R. 6 W., Gila and Salt River
Base and Meridian, Yavapai County, by
adding to the non-Federal land to be con-
veyed to the United States in 1⁄8 section
increments (E–W 64th line) while deleting
from the conveyance to YRLP Federal
land in the same incremental portions of
section 32, T. 20 N., R. 5 W., Gila and
Salt River Base and Meridian, Yavapai
County, Arizona, and sections 32, 34, and
36, in T. 20 N., R. 6 W., Gila and Salt
River Base and Meridian, Yavapai County,
Arizona, to establish a linear and contin-
comprising 
approximately 
acres;
(bb) the NE1⁄4NW1⁄4, the
N1⁄2SE1⁄4NW1⁄4, 
the
SE1⁄4SE1⁄4NW1⁄4, the NE1⁄4, the
SE1⁄4SW1⁄4, and the SE1⁄4 por-
tions of section 27, T. 22 N., R.
2 E., Gila and Salt River Base
and Meridian, Coconino County,
Arizona, excluding any portion
north of the southern right-of-
way of Interstate 40 and any
portion northeast of the south-
western right-of-way line of the
Burlington Northern and Santa
Fe Railway (Seligman Subdivi-
sion), any portion south of the
northern right-of-way of the Bur-
lington Northern and Santa Fe
Railway (Phoenix Subdivision),
and any portion within Exchange
Survey No. 677, comprising ap-
proximately 220 acres;
(cc) the NE1⁄4NE1⁄4 portion
of section 34, T. 22 N., R. 2 E.,
Gila and Salt River Base and
Meridian, Coconino County, Ari-
zona, 
excluding 
any 
portion
southwest of the northeastern
right-of-way line of the Bur-
lington Northern and Santa Fe
Railway (Phoenix Subdivision),
comprising 
approximately 
acres; and
(dd) the N1⁄2 portion of sec-
tion 35, T. 22 N., R. 2 E., Gila
and Salt River Base and Merid-
ian, Coconino County, Arizona,
excluding any portion north of
the southern right-of-way line of
the Burlington Northern and
Santa Fe Railway (Seligman
Subdivision) and any portion
south of the northern right-of-
way of the Burlington Northern
and Santa Fe Railway (Phoenix
Subdivision), comprising approxi-
mately 60 acres.
(III) Buckskinner Park, com-
prising approximately 50 acres, lo-
cated in Kaibab National Forest, and
more particularly described as the
SW1⁄4SW1⁄4, 
and 
the
S1⁄2S1⁄2NW1⁄4SW1⁄4 portions of sec-
tion 33, T. 22 N., R. 2 E., Gila and
Salt 
River 
Base 
and 
Meridian,
Coconino County, Arizona.
(IV) The Cottonwood/Clarkdale
parcel, comprising approximately 820
acres, located in Prescott National
Forest, and more particularly de-
scribed as—
(aa) lots 3, 4, 6, portions of
lots 7, 8, and 9, and the
W1⁄2NW1⁄4 and the SW1⁄4SE1⁄4
portions of section 5, T. 15 N.,
R. 3 E., Gila and Salt River
Base 
and 
Meridian, 
Yavapai
County, Arizona; and
(bb) the S1⁄2S1⁄2N1⁄2NW1⁄4,
the 
E1⁄2E1⁄2NE1⁄4NE1⁄4NW1⁄4,
the 
E1⁄2NE1⁄4SE1⁄4NE1⁄4NW1⁄4,
the NW1⁄4NE1⁄4, the S1⁄2NE1⁄4,
the S1⁄2NW1⁄4, and the S1⁄2 por-
tions of section 8, T. 15 N., R. 3
E., Gila and Salt River Base and
Meridian, Yavapai County, Ari-
zona.
(V) A portion of the Camp Verde
parcel, comprising approximately 511
acres, located in Prescott National
Forest, consisting of the land south of
the southeastern boundary of the I–17
right-of-way, and more particularly
described as the SE1⁄4 portion of sec-
tion 26, the E1⁄2 and the E1⁄2W1⁄2
portions of section 35, and lots 5
through 7 of section 36, T. 14 N., R.
4 E., Gila and Salt River Base and
Meridian, Yavapai County, Arizona.
(VI) The Wetzel school parcel,
comprising approximately 10.89 acres,
located in Coconino National Forest,
and more particularly described as lot
9 of section 11, T. 21 N., R. 7 E.,
Gila and Salt River Base and Merid-
ian, Coconino County, Arizona.
(VII) The Mt. Eldon parcel, com-
prising approximately 17.21 acres, lo-
cated in Coconino National Forest,
and more particularly described as lot
7 of section 7, T. 21 N., R. 8 E., Gila
and Salt River Base and Meridian,
Coconino County, Arizona.
(VIII) A portion of the Camp
Verde parcel, comprising approxi-
mately 316 acres, located in Prescott
National Forest, and more particu-
larly described as the NENE1⁄4 and
lots 1, 5, and 6 of section 26, and the
N1⁄2N1⁄2 of section 27, T. 14 N., R. 4
E., Gila and Salt River Base and Me-
ridian, Yavapai County, Arizona.
(IX) A portion of the Camp
Verde parcel, comprising approxi-
mately 314 acres, located in Prescott
National Forest, and more particu-
larly described as the SENE1⁄4 and
lots 2, 7, 8, and 9 of section 26, and
the S1⁄2N1⁄2 of section 27, T. 14 N.,
R. 4 E., Gila and Salt River Base and
Meridian, Yavapai County, Arizona.
(C) MODIFICATIONS.—The descriptions of
land and acreage provided in subclauses (III),
(IV), and (V) of subparagraph (B)(ii) may be
modified to conform with a survey approved by
the Bureau of Land Management.
(3) ADDITIONAL EQUALIZATION OF VALUES.—
If, after the values are adjusted in accordance with
paragraph (1) or (2), the values of the Federal land
and non-Federal land are not equal, then the Sec-
retary and YRLP may by mutual agreement adjust
the acreage of the Federal land and non-Federal
land until the values of that land are equal.
(d) CASH EQUALIZATION.—
(1) IN GENERAL.—After the values of the non-
Federal and Federal land are equalized to the max-
imum extent practicable under subsection (c), any
balance due to the Secretary or to YRLP shall be
paid—
(A) through cash equalization payments
under section 206(b) of the Federal Land Pol-
icy and Management Act of 1976 (43 U.S.C.
1716(b)); or
(B) in accordance with standards estab-
lished by the Secretary and YRLP.
(2) LIMITATION.—
(A) IN GENERAL.—YRLP shall not be re-
quired to make any cash equalization payment
to the Secretary in an amount that exceeds
$50,000.
(B) ADJUSTMENTS.—If the value of the
Federal land exceeds the value of the non-Fed-
eral land by more than $50,000, the Secretary
and YRLP shall by mutual agreement delete
additional Federal land from the exchange until
the values of the Federal land and non-Federal
land are equal.
(C) DEPOSIT.—Any money received by the
United States under this Act shall, without fur-
ther appropriation, be deposited in a fund es-
tablished under Public Law 90–171 (16 U.S.C.
484(a)) (commonly known as the ‘‘Sisk Act’’)
for the acquisition of land or interests in land
for National Forest System purposes in the
State of Arizona.
SEC. 6. 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.—The Federal
land is withdrawn from all forms of entry and appropria-
tion under the public land laws, including the mining and
mineral leasing laws and the Geothermal Steam Act of
1970 (30 U.S.C. 1001 et seq.), until the date on which
the exchange of Federal land and non-Federal land is com-
pleted.
(c) SURVEYS, INVENTORIES, AND CLEARANCES.—
Before completing the exchange of Federal land and non-
Federal land directed by this Act, the Secretary shall carry
out land surveys and preexchange inventories, clearances,
reviews, and approvals relating to hazardous materials,
threatened and endangered species, cultural and historic
resources, and wetlands and floodplains.
(d) COSTS OF IMPLEMENTING THE EXCHANGE.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary shall be responsible for any
costs of implementing the exchange of Federal land
and non-Federal land.
(2) EXCEPTIONS.—Subject to paragraph (3),
YRLP shall be responsible for paying—
(A) 100 percent of the costs of—
(i) conducting the appraisals of the
Federal land and non-Federal land;
(ii) the preparation of necessary land
surveys and verified legal descriptions of
the Federal land and non-Federal land;
and
(iii) title insurance; and
(B) 50 percent of the costs of—
(i) conducting cultural and historic re-
source surveys;
(ii) conducting surveys of hazardous
materials;
(iii) escrow; and
(iv) publication of notice of the pro-
posed exchange.
(3) LIMITATIONS.—
(A) IN
GENERAL.—YRLP shall not pay
more than $500,000 of the costs described in
paragraph (2).
(B) CREDIT.—Any costs paid by YRLP for
cultural or historic resource surveys before the
date of enactment of this Act shall be credited
against the maximum amount required to be
paid by YRLP under subparagraph (A).
(4) REIMBURSEMENT.—No amount paid by
YRLP under this subsection shall be eligible for re-
imbursement under section 206(f) of the Federal
Land Policy and Management Act of 1976 (43
U.S.C. 1716(f)).
(e) TIMING.—It is the intent of Congress that the
exchange of Federal land and non-Federal land directed
by this Act be completed not later than 1 year after the
date of enactment of this Act.
(f) CONTRACTORS.—
(1) IN GENERAL.—If the Secretary lacks ade-
quate staff or resources to complete the exchange by
the date referred to in subsection (e), or if the costs
described in subsection (d)(2) exceed the limitation
described in subsection (d)(3), the Secretary shall
reimburse YRLP for the costs of 1 or more inde-
pendent third party contractors, subject to the ap-
proval of the Secretary and YRLP, to carry out any
activities necessary to complete the exchange by that
date.
(2) CREDITS.—If the Secretary lacks funds
with which to reimburse YRLP in accordance with
paragraph (1), the Secretary shall credit any
amounts paid by YRLP to third party independent
contractors against the value of the Federal land in
accordance with section 206(f) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1716(f)).
SEC. 7. STATUS AND MANAGEMENT OF LAND AFTER EX-
CHANGE.
(a) IN GENERAL.—Non-Federal land acquired by the
United States under this Act—
(1) shall become part of the Prescott National
Forest; and
(2) shall be administered by the Secretary in
accordance with—
(A) this Act; and
(B) the laws (including regulations) appli-
cable to the National Forest System.
(b) MANAGEMENT PLAN.—
(1) IN GENERAL.—Acquisition of the land au-
thorized by this Act shall not, of itself, require a re-
vision or amendment to the Management Plan for
Prescott National Forest.
(2) AMENDMENT
OR
REVISION
OF
PLAN.—If
the Management Plan is amended or revised after
the date of acquisition of non-Federal land under
this Act, the Management Plan shall be amended to
reflect the acquisition of the non-Federal land.
(c) POST-EXCHANGE MANAGEMENT
OF CERTAIN
LAND.—
(1) IN GENERAL.—Following its acquisition by
the United States, the non-Federal land acquired by
the United States and adjoining National Forest
System land shall be managed in accordance with
paragraphs (2) through (6), and the laws, rules, and
regulations generally applicable to the National For-
est System.
(2) PROTECTION OF NATURAL RESOURCES.—
The land shall be managed in a manner that main-
tains the species, character, and natural values of
the land, including—
(A) deer, pronghorn antelope, wild turkey,
mountain lion, and other resident wildlife and
native plant species;
(B) suitability for livestock grazing; and
(C) aesthetic values.
(3) GRAZING.—Each area located in the
Yavapai Ranch grazing allotment as of the date of
enactment of this Act shall—
(A) remain in the Yavapai Ranch grazing
allotment; and
(B) continue to be subject to grazing in ac-
cordance with the laws, rules, and regulations
generally applicable to domestic livestock graz-
ing on National Forest System land.
(4) ROADS.—
(A) IMPROVEMENT AND MAINTENANCE.—
The Secretary shall maintain or improve a sys-
tem of roads and trails on the land to provide
opportunities for hunting, motorized and non-
motorized recreation, and other uses of the land
by the public.
(B) PUBLIC ACCESS ROAD.—
(i) CONSTRUCTION.—The Secretary
shall improve or construct a public access
road linking Forest Road 7 (Pine Creek
Road) to Forest Road 1 (Turkey Canyon
Road) through portions of sections 33, 32,
31, and 30, T. 19 N., R. 6 W., Gila and
Salt River Base and Meridian.
(ii) EXISTING
ROAD.—The existing
road linking Pine Creek and Gobbler
Knob—
(I) shall remain open until the
date on which the new public access
road is completed; and
(II) after the date on which the
new public access road is completed,
shall be obliterated.
(C) EASEMENTS.—
(i) 
IN
GENERAL.—Simultaneously
with completion of the land exchange di-
rected by this Act, the Secretary and
YRLP shall mutually grant to each other
at no charge reciprocal easements for in-
gress, egress, and utilities across, over, and
through—
(I) the routes depicted on the
map entitled ‘‘Road and Trail Ease-
ments—Yavapai Ranch Area’’ dated
April 2002; and any other inholdings
retained by the United States or
YRLP; or
(II) any relocated routes that are
mutually agreed to by the Secretary
and YRLP.
(ii) 
REQUIREMENTS.—Easements
granted under this subparagraph shall be
unlimited, perpetual, and nonexclusive in
nature, and shall run with and benefit the
land of the grantee.
(iii) 
RIGHTS
OF
GRANTEE.—The
rights of the grantee shall extend to—
(I) in the case of YRLP, any suc-
cessors-in-interest, assigns, and trans-
ferees of YRLP; and
(II) in the case of the Secretary,
members of the general public, as de-
termined to be appropriate by the
Secretary.
(5) TIMBER HARVESTING.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), timber harvesting for com-
modity production shall be prohibited on the
non-Federal land.
(B) EXCEPTIONS.—Timber harvesting may
be conducted on the land if the Secretary deter-
mines that timber harvesting is necessary—
(i) to prevent or control fires, insects,
and disease through forest thinning or
other forest management techniques; or
(ii) to protect or enhance grassland
habitat, watershed values, or native plants,
trees, and wildlife species.
(6) WATER IMPROVEMENTS.—Nothing in this
Act prohibits the Secretary from authorizing or con-
structing new water improvements in accordance
with the laws, rules, and regulations applicable to
water improvements on National Forest System land
for—
(A) the benefit of domestic livestock or
wildlife management; or
(B) the improvement of forest health or
forest restoration.
(d) MAPS.—
(1) IN GENERAL.—The Secretary and YRLP
may correct any minor errors in the maps of, legal
descriptions of, or encumbrances on the Federal
land or non-Federal land.
(2) DISCREPANCY.—In the event of any dis-
crepancy between a map, acreage, and a legal de-
scription, the map shall prevail unless the Secretary
and YRLP agree otherwise.
(3) AVAILABILITY.—The Declarations and all
maps referred to in this Act shall be on file and
available for inspection in the Office of the Super-
visor, Prescott National Forest, Prescott, Arizona.
(e) EFFECT.—Nothing in this Act precludes, pro-
hibits, or otherwise restricts YRLP from subsequently
granting, conveying, or otherwise transferring title to the
Federal land after its acquisition of the Federal land and
recordation of the Declarations and any conforming
amendments to the Declarations.
(f) ENCROACHMENT LAND IN FLAGSTAFF.—
(1) IN GENERAL.—The Secretary shall convey
by quitclaim deed lot 8 in section 11, T. 21 N., R.
7 E., Gila and Salt River Base and Meridian,
Coconino County, Arizona, to a single individual or
entity, either of which represent the majority of
landowners with encroachments on such lot.
(2) PAYMENT
TO
THE
UNITED
STATES.—In
consideration of the conveyance directed by para-
graph (1), the individual or entity representing the
majority of landowners with encroachments on lot 8
shall pay to the Secretary the sum of $2500 plus
any costs of re-monumenting the boundary of lot 8.
(3) TIMING.—The Secretary shall convey lot 8
in accordance with this subsection within 90 days of
receipt of powers of attorney executed to a single in-
dividual or entity representing the majority of land-
owners with encroachments on lot 8. If the powers
of attorney are not delivered to the Secretary within
270 days of the date of enactment of this Act, the
authorization under this subsection shall expire and,
thereafter, any conveyances shall be made under
Public Law 97–465 (16 U.S.C. 521c et seq.).
Æ