(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; and
(II) facilities on Federal land
that cannot be reasonably removed be-
fore the appraisal.
(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.—The appraisals approved
by the Secretary shall be made available for public
inspection in the Offices of the Supervisors for Pres-
cott, Coconino, and Kaibab National Forests in ac-
cordance with Forest Service policy.
(7) ALLOCATION OF CHANGES.—For purposes
of the land exchange directed by this title, any
change in land value attributable to the conservation
measures and restrictions on water use under the
Declarations shall be allocated 50 percent to the
Secretary and 50 percent to YRLP.
(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 103, the final appraised value of the non-
Federal 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 103, the final appraised value of the Fed-
eral land exceeds the final appraised value of
the non-Federal land, the Federal land and
non-Federal land shall be adjusted in accord-
ance with subparagraph (B) until the values are
approximately 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-
uous boundary that runs east to west
across the sections.
(ii) By deleting the following parcels:
(I) The Williams Sewer parcel,
comprising approximately 20 acres, lo-
cated in Kaibab National Forest, and
more particularly described as the
E1⁄2NW1⁄4SE1⁄4 portion of section 21,
T. 22 N., R. 2 E., Gila and Salt River
Base and Meridian, Coconino County,
Arizona.
(II) The Williams railroad parcel,
located in the Kaibab National For-
est, and more particularly described
as—
(aa) the W1⁄2SW1⁄4 portion
of section 26, T. 22 N., R. 2 E.,
Gila and Salt River Base and
Meridian, Coconino County, Ari-
zona, 
excluding 
any 
portion
northeast of the southwestern
right-of-way line of the Bur-
lington Northern and Santa Fe
Railway (Seligman Subdivision),
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) 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.
(VI) 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.
(VII) 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.
(VIII) 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 title 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. 105. 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 title, the Secretary shall
carry out land surveys and preexchange inventories, clear-
ances, reviews, and approvals relating to hazardous mate-
rials, threatened and endangered species, cultural and his-
toric 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 title 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. 106. STATUS AND MANAGEMENT OF LAND AFTER EX-
CHANGE.
(a) IN GENERAL.—Non-Federal land acquired by the
United States under this title—
(1) shall become part of the Prescott National
Forest; and
(2) shall be administered by the Secretary in
accordance with—
(A) this title; 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 title 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 title, 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 title, 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
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
title 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 title 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 title 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.).
TITLE II—SAN ISABEL NATIONAL
FOREST 
LAND 
EXCHANGE,
COLORADO
SEC. 201. LAND EXCHANGE, SAN ISABEL NATIONAL FOR-
EST, COLORADO.
(a) EXCHANGE REQUIRED.—In exchange for the pri-
vate property described in subsection (b), the Secretary
of Agriculture shall convey to E. Michael Senter of Buena
Vista, Colorado (in this section referred to as the ‘‘recipi-
ent’’), all right, title, and interest of the United States
in and to a parcel of real property consisting of approxi-
mately 2.2 acres in the San Isabel National Forest, Colo-
rado, as generally depicted on the map entitled ‘‘Senter
Exchange’’ , dated September 20, 2002. The conveyance
under this subsection shall be made upon the receipt by
the Secretary of a binding offer for the conveyance of title
acceptable to the Secretary to the property described in
subsection (b).
(b) CONSIDERATION.—As consideration for the prop-
erty to be conveyed by the Secretary under subsection (a),
the recipient shall convey to the Secretary a parcel of real
property consisting of approximately 2.0 acres located
within the boundaries of the San Isabel National Forest.
This parcel is also generally depicted on the map referred
to in subsection (a).
(c) EQUAL VALUE EXCHANGE; APPRAISAL.—The
values of the properties to be exchanged under this section
shall be equal or equalized as provided in subsection (d).
The value of the properties shall be determined through
an appraisal performed by a qualified appraiser mutually
agreed to by the Secretary and the recipient. The ap-
praisal shall be performed in conformance with the Uni-
form Appraisal Standards for Federal Land Acquisitions
(Department of Justice, December 2000) and shall be
completed not later than 120 days after the date of the
enactment of this Act.
(d) CASH EQUALIZATION.—Any difference in the
value of the properties to be exchanged under this section
shall be equalized through the making of a cash equali-
zation payment. The Secretary shall deposit any cash
equalization payment received by the Secretary under this
subsection in the fund established by Public Law 90-171
(commonly known as the Sisk Act; 16 U.S.C. 484a).
(e) PAYMENT OF COSTS.—All direct costs associated
with the conveyances under this section, including the
costs of appraisal, title, and survey work, shall be borne
by the Secretary.
(f) ADMINISTRATION
OF ACQUIRED LAND.—The
property acquired by the Secretary under this section shall
become part of the San Isabel National Forest and be ad-
ministered as such in accordance with the laws, rules, and
regulations generally applicable to the National Forest
System.
Passed the House of Representatives November 15
(legislative day, November 14), 2002.
Attest:
Clerk.
107TH CONGRESS
2D SESSION
H. R. 5513
AN ACT
To provide for a land exchange in the State of Ari-
zona between the Secretary of Agriculture and
Yavapai Ranch Limited Partnership and a land
exchange in the State of Colorado to acquire a
private inholding in the San Isabel National For-
est, and for other purposes.