I
107TH CONGRESS
2D SESSION
H. R. 5283
To direct the Secretary of Agriculture to exchange certain land in the State
of Arizona.
IN THE HOUSE OF REPRESENTATIVES
JULY 26, 2002
Mr. HAYWORTH introduced the following bill; which was referred to the
Committee on Resources
A BILL
To direct the Secretary of Agriculture to exchange certain
land in the State of Arizona.
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 Act of 2002’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) approximately 170 square miles of land,
commonly known as the ‘‘Yavapai Ranch’’, and lo-
cated in Yavapai County, Arizona, is currently
owned in an intermingled ‘‘checkerboard’’ land own-
ership pattern, with the United States and a private
landowner owning alternate square mile parcels of
land or fractions of square mile parcels;
(2) the parcels of land owned by the United
States within the checkerboard area are adminis-
tered by the Secretary of Agriculture as part of the
Prescott National Forest, and the privately owned
parcels are held by the YRLP;
(3) if the parcels of land can be consolidated
into ownership by the United States, many of the
privately owned land, and particularly the land lo-
cated in or near the Pine Creek watershed, Juniper
Mesa Wilderness Area, Haystack Peak, and the Luis
Maria Baca Float No. 5, that lies in environmentally
sensitive areas and possess outstanding attributes
and values, may be used for public management, and
enjoyment, including opportunities for outdoor recre-
ation, stands of old growth forest, important and
largely unfragmented habitat for antelope, deer, elk,
mountain lion, wild turkey, and other wildlife spe-
cies, watershed protection and enhancement, sci-
entific research, rangeland, ecological and archae-
ological resources, and scenic vistas;
(4) the current checkerboard ownership pattern
of land within the Yavapai Ranch detracts from
sound and efficient management of the intermingled
national forest land, and if the privately owned land
in the checkerboard is subdivided or developed, the
intermingled national forest land will become highly
fragmented and lose much of the value of the land
for wildlife habitat and future public access, use,
and enjoyment;
(5) acquisition by the United States of the non-
Federal parcels offered by YRLP will result in a sig-
nificant reduction in administrative costs to the
United States through—
(A) consolidation of Federal land for more
efficient land management and planning;
(B) elimination of approximately 350 miles
of boundary between privately owned land and
Federal land;
(C) reduced right-of-way, special use, and
other permit processing and issuance for roads
and other facilities on national forest system
land; and
(D) major administrative cost savings;
(6) many of the parcels of Federal land that
are directed for transfer to Yavapai Ranch Limited
Partnership or Northern Yavapai L.L.C. under this
Act in less environmentally sensitive areas, and have
significantly lower recreational, wildlife, ecological,
aesthetic, and other public purpose values than the
lands to be acquired by the United States; many of
the land parcels to be transferred to Yavapai Ranch
Limited Partnership or Northern Yavapai, L.L.C.
also are encumbered by special use permits and
rights-of-way for a variety of purposes (including
summer youth camps, municipal water treatment fa-
cilities, sewage treatment facilities, city parks, and
airport related facilities), which the permit or right-
of-way holders desire to acquire, and which limit the
parcels’ usefulness for general National Forest pur-
poses but make them logical for pass-through con-
veyances from YRLP to the permit or right-of-way
holders;
(7) with residential and ranchette-style subdivi-
sion and development currently occurring on land
immediately adjacent to the Yavapai Ranch, an ex-
pedited exchange of the ranch checkerboard is in the
public interest to create a large, consolidated area of
national forest ownership in key portions of the
ranch, and thereby preserve and promote public val-
ues and long-term National Forest System goals;
(8) without a land exchange, YRLP may be
forced to initiate development of its non-Federal
land; and
(9) the land exchange set forth in this Act is
in the public interest because it represents a land ac-
quisition strategy that best meets public objectives
of—
(A) exchanging private land that meets the
criteria for inclusion into the National Forest
System for national forest land with lower pub-
lic, environmental, and ecological values;
(B) consolidating a large area of national
forest land for preservation of permanent public
access, use and enjoyment, and efficient man-
agement; and
(C) minimizing cash outlays by the United
States to achieve these objectives.
(b) PURPOSE.—It is the purpose of this Act to fur-
ther the public interest by authorizing, directing, facili-
tating, and expediting the consummation of an equal value
land exchange as set forth in this Act.
SEC. 3. DEFINITIONS.
In this Act:
(1) CAMP
VERDE
DECLARATION.—The term
‘‘Camp Verde Declaration’’ means certain Declara-
tion of Covenants, Conditions, and Restrictions, in-
tended to run with the land dated lllll,
2002, and recorded in the official records of Yavapai
County, Arizona, by YRLP imposing certain water
use restrictions, water source limitations, and water
conservation measures upon the future development
of that certain real property located in or near the
community of Camp Verde, Yavapai County, Ari-
zona, more particularly described in subsection
(d)(5) of section 4.
(2) COTTONWOOD
DECLARATION.—The term
‘‘Cottonwood Declaration’’ means the Declaration of
Covenants, Conditions and Restrictions, intended to
run with the land, dated llll ll, 2002, and
recorded in the official records of Yavapai County,
Arizona, by YRLP imposing certain water use re-
strictions, water source limitations, and water con-
servation measures upon the future development of
that certain real property located in or near the
community of Cottonwood, Yavapai County, Arizona,
more particularly described in subsection (d)(6) of
section 4.
(3) DECLARATIONS.—The term ‘‘Declarations’’
means the Camp Verde Declaration and the Cotton-
wood Declaration.
(4) FEDERAL LAND.—The term ‘‘Federal land’’
means the land to be conveyed into the private own-
ership of Yavapai Ranch Limited Partnership, an
Arizona Limited Partnership, or Northern Yavapai,
L.L.C., an Arizona Limited Liability Company (ex-
cluding any successors, assigns, transferees, or affili-
ates).
(5) NON-FEDERAL LAND.—The term ‘‘non-Fed-
eral land’’ means the land—
(A) to be conveyed into the public owner-
ship of the United States under this Act; and
(B) comprised of approximately 35,000
acres located within the boundaries of the Pres-
cott National Forest, as generally depicted on a
map entitled ‘‘Yavapai Ranch Non-Federal
Lands’’, dated April 2002.
(6) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture.
(7) YRLP.—The term ‘‘YRLP’’ means the
Yavapai Ranch Limited Partnership, an Arizona
Limited Partnership, or the Northern Yavapai,
L.L.C., an Arizona Limited Liability Company, and
each of their successors, assignees, transferees, af-
filiates, or any other person or entity holding or ac-
quiring any interest by, through, or under the part-
nership or company.
SEC. 4. LAND EXCHANGE.
(a) IN GENERAL.—Upon receipt of an offer from
YRLP to convey the non-Federal land to the United
States, the Secretary shall in accordance with the provi-
sions of this Act—
(1) acquire by exchange the non-Federal land
and interests in such land owned by YRLP; and
(2) convey to Yavapai Ranch Limited Partner-
ship, or Northern Yavapai, L.L.C., an Arizona Lim-
ited Liability Company (excluding any successors,
assignees, transferees, or affiliates) certain land and
interests in land owned by the United States and lo-
cated in the Prescott, Coconino, and Kaibab Na-
tional Forests, Arizona.
(b) CONVEYANCE OF NON-FEDERAL LAND.—The ex-
change directed by this Act shall be consummated when
YRLP conveys title to the United States acceptable to the
Secretary in and to the non-Federal land. The non-Fed-
eral land conveyed to the Secretary shall be subject to
valid encumbrances and the following:
(1) Areas within the Yavapai Ranch grazing al-
lotment on the date of enactment of this Act shall
remain within the Yavapai Ranch allotment, and
this area shall continue to be grazed in accordance
with the laws, rules, and regulations applicable to
domestic livestock grazing on national forest land.
(2) YRLP shall reserve perpetual and unre-
stricted easements and water rights that run with
and benefit the land retained by itself, its succes-
sors, assignees, and transferees for the operation,
maintenance, repair, improvement, development, and
replacement of not more than 7 existing wells and
related storage tanks, valves, pumps and hardware,
together with easements for pipelines therefrom to
points of use, and rights of reasonable ingress and
egress to accomplish the purposes of the easements.
Each easement for an existing well shall be 40 acres
in area, centered on the existing well to the extent
possible to do so while keeping the 40-acre tract
within the same section, and within this 40-acre
easement, the United States and its permitees or li-
censees shall be prohibited from undertaking any ac-
tivity that interferes with YRLP’s use of its wells,
without the written consent of YRLP. Each ease-
ment for ingress and egress shall be at least 20 feet
in width. The locations of the easements and wells
are generally depicted on a map entitled ‘‘YRLP Re-
served Easements for Water Lines and Wells’’,
dated April 2002.
(c) NON-FEDERAL LAND TRANSFER PROBLEMS.—If
1 or more of the non-Federal land parcels, or a fraction
thereof, are unable to be conveyed to the United States
because of the presence of hazardous materials or because
the proposed title is unacceptable to the Secretary, the
parcel or fraction thereof with transfer problems shall be
deleted from the exchange.
(d) CONVEYANCE OF FEDERAL LAND.—Upon receipt
of acceptable title to the non-Federal land from YRLP,
the Secretary shall simultaneously convey to Yavapai
Ranch Limited Partnership, an Arizona Limited Partner-
ship, or Northern Yavapai, L.L.C., an Arizona Limited Li-
ability Company (excluding any successors, assignees,
transferees, or affiliates) all right, title, and interest of
the United States in and to the following Federal land:
(1) Certain land located in Yavapai County, Ar-
izona, which comprises approximately 15,300 acres,
as generally depicted on a map entitled ‘‘Yavapai
Ranch-Ranch Area Federal Lands’’, dated April
2002.
(2) Certain land within the Coconino National
Forest, located in Coconino County, Arizona, near
the community of Flagstaff, which comprises ap-
acquisition of the parcel, YRLP shall execute and
record with the Yavapai County Recorder an amend-
ed declaration under which the legal description of
the property referred to in the Camp Verde Declara-
tion is amended to conform to the legal description
of this parcel and confirming the Camp Verde Dec-
laration.
(6) Certain land within the Prescott National
Forest in Yavapai County, Arizona, near the com-
munity of Cottonwood, comprising approximately
800 acres, as generally depicted on a map entitled
‘‘Cottonwood Federal Lands’’, dated April 2002.
Prior to the acquisition of this parcel, YRLP shall
have recorded the Cottonwood Declaration and upon
the acquisition of the parcel, YRLP shall execute
and record with the Yavapai County Recorder an
amendment to the Cottonwood Declaration amend-
ing the legal description of the property referred to
in the Cottonwood Declaration to conform to the
legal description of this parcel and to confirm the
Cottonwood Declaration.
(7) Certain land within the Kaibab National
Forest in Coconino County, Arizona, which com-
prises approximately 237.5 acres, as generally de-
picted on a map entitled ‘‘Younglife Lost Canyon’’,
dated April 2002.
(8) Certain land within the Prescott National
Forest in Yavapai County, Arizona, which comprises
approximately 200 acres, as generally depicted on a
map or maps entitled ‘‘Prescott Federal Lands—
Summer Youth Camp Parcels’’, dated April 2002.
These summer camps include Friendly Pines,
Patterdale Pines, Camp Pearlstein, Pine Summit,
and Sky Y.
(9) Perpetual, unrestricted, and nonexclusive
easements that run with and benefit land retained
by YRLP, its successors, assigns, and transferees
across certain land owned by the United States for
the operation, maintenance, repair, improvement,
and replacement of electric power lines and/or water
pipelines and related storage tanks, valves, pumps,
and hardware, together with rights of reasonable in-
gress and egress to accomplish the purposes of the
easements. Each easement shall be 20 feet in width,
lying 10 feet on either side of each line generally de-
picted on a map entitled ‘‘YRLP Acquired Ease-
ments for Water Lines’’, dated April 2002.
(e) FEDERAL LAND ENCUMBRANCES.—The United
States shall convey the Federal land to Yavapai Ranch
Limited Partnership or Northern Yavapai, L.L.C. subject
to valid rights, including easements, rights-of-way, utility
lines, and any other valid encumbrances on the Federal
land existing as of the date of passage of this Act. Permits
or other legal occupancies of the Federal land by third
parties in existence as of the date of their transfer to
Yavapai Ranch Limited Partnership or Northern Yavapai,
L.L.C. shall be addressed in accordance with 36 CFR part
254.15 and other applicable laws, rules, and regulations.
(f) FEDERAL LAND TRANSFER PROBLEMS.—If 1 or
more of the Federal land parcels described in subsection
(d) or fractions thereof cannot be transferred to Yavapai
Ranch Limited Partnership or Northern Yavapai, L.L.C.
due to appraisal, hazardous materials, threatened and en-
dangered 
species, 
cultural 
or 
historic 
resources,
unpatented mining claims or other problems, or if the pro-
posed title to a Federal land parcel or parcels or fraction
thereof is unacceptable to Yavapai Ranch Limited Part-
nership or Northern Yavapai, L.L.C., the parcel or parcels
or fractions thereof shall be deleted from the exchange and
the non-Federal land shall be adjusted in accordance with
section 5(c) as necessary to achieve approximate equal
value.
(g) PASS-THROUGH CONVEYANCES.—Congress an-
ticipates that approximately half of the Federal land that
is located in or near the communities of Flagstaff, Wil-
liams, Camp Verde, and Cottonwood, and the summer
youth camps (including Younglife Lost Canyon) subse-
quently will be passed through or conveyed by YRLP to
these municipalities and summer camps upon or after con-
summation of the exchange as directed by this Act. If,
however, the municipality or summer camp and YRLP
have not agreed to the terms and conditions of a pass-
through or subsequent conveyance of a Federal land parcel
prior to the consummation of the exchange, then upon re-
quest by YRLP, the Secretary shall delete all or any por-
tion of such Federal land parcel or parcels from the ex-
change.
(h) PASS-THROUGH
CONVEYANCES.—The United
States shall reserve easements in any land transferred to
Yavapai Ranch Limited Partnership or Northern Yavapai,
L.L.C. as required by section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9620(h)).
SEC. 5. EXCHANGE VALUATION, APPRAISALS, AND EQUALI-
ZATION.
(a) EQUAL VALUE EXCHANGE.—
(1) IN GENERAL.—The values of the non-Fed-
eral and Federal land to be exchanged under this
Act shall be equal, as determined by the Secretary.
(2) DIFFERENCE IN VALUE.—To the extent the
value of the non-Federal and Federal land are not
equal in value, as determined by the Secretary, the
values shall be equalized as provided in subsections
(c) and (d) of this section.
(b) APPRAISALS AND PUBLIC REVIEW.—
(1) IN GENERAL.—The values of the non-Fed-
eral and Federal land shall be determined by ap-
praisals utilizing the appraisal standards set forth in
the Uniform Appraisal Standards for Federal Land
Acquisitions, fifth edition (December 20, 2000) and
the Uniform Standards of Professional Appraisal
Practice. 
In 
accordance 
with 
CFR 
part
254.9(a)(1), the appraiser or appraisers shall be
qualified and mutually agreeable to the Secretary
and YRLP, and shall be considered a contractor
with both the Secretary and YRLP as clients. Dur-
ing the appraisal process, both the Secretary and
YRLP shall—
(A) have equal access to the appraiser to
ensure that the appraisals accurately reflect the
values of the Federal and non-Federal land;
(B) cooperate with each other and the ap-
praiser in the preparation and drafting of ap-
praisal instructions which shall require the ap-
praiser or appraisers to consider the effect on
value of encumbrances on each parcel, including
the restrictions on water use set forth in para-
graphs (5) and (6) of section 4(d); and
(C) have equal rights to review and com-
ment on drafts of the appraisal or appraisals.
If the parties disagree on the value of the Fed-
eral and non-Federal land following its ap-
praisal, then any such dispute over value shall
be resolved in accordance with 36 CFR Part
254.10.
(2) APPRAISAL
PERIOD.—After the final ap-
praised values of the non-Federal and Federal land
have been reviewed and approved by the Secretary
or otherwise determined in accordance with the
standards set forth in this subsection, the values
shall not be reappraised or updated by the Secretary
prior to consummation of the land exchange but
shall be considered the values of the non-Federal
and Federal land on the date of the transfer of title,
regardless of the amount of time that has elapsed
since the date of the appraisal.
(3) PUBLIC
REVIEW.—A comprehensive sum-
mary of the approved appraisals shall be made avail-
able for public review in the Offices of the Super-
visors for Prescott, Coconino, and Kaibab National
Forests, at the time that the exchange is con-
summated.
(c) VALUE EQUALIZATION.—
(1) IN
GENERAL.—If, after any non-Federal
and Federal land adjustments are made pursuant to
subsections (c) and (f) of section 4, the final ap-
praised values (as approved by the Secretary) of the
land to be exchanged hereunder are not approxi-
mately equal, the Secretary and YRLP shall adjust
the acreage in accordance with paragraph (2) or (3)
of this subsection until the values of the non-Federal
and Federal land are approximately equal.
(2) EQUALIZATION WHERE FEDERAL LAND AP-
PRAISED VALUE IS HIGHER.—In the event the final
approved appraised value of Federal land is greater
than the final approved appraised value of the non-
Federal land, the land shall be adjusted in accord-
ance with section 8.
(3) EQUALIZATION WHERE NON-FEDERAL LAND
APPRAISED
VALUE
IS
HIGHER.—In the event the
final approved appraised value of non-Federal land
is greater than the final approved appraised value of
the Federal land, the land shall be adjusted in ac-
cordance with section 9.
(4) ADDITIONAL EQUALIZATION OF VALUES.—
If, after the values are adjusted in accordance with
paragraph (2) or (3), the values of the Federal and
non-Federal land still are not approximately equal,
then by mutual agreement, the Secretary and YRLP
may adjust the acreage of either the Federal or non-
Federal land until the values are approximately
equal.
(d) CASH EQUALIZATION.—After the values of the
non-Federal and Federal land are equalized to the extent
practicable under subsection (c), the values shall be equal-
ized by the payment of a cash equalization payment as
provided in section 206(b) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(b)), or as oth-
erwise mutually agreed to by the Secretary and YRLP.
The YRLP shall not be required to make any cash equali-
zation payment to the Secretary that exceeds $50,000. In
the event that the value of the Federal land still exceeds
the value of the non-Federal land after consideration of
the $50,000, YRLP and the Secretary shall by mutual
agreement delete additional Federal land from the ex-
change authorized by this Act until the values are equal.
Any cash equalization money received by the United
States under this Act shall be considered money received
and deposited pursuant to Public Law 90–171 (16 U.S.C.
484(a)), commonly known as the ‘‘Sisk Act’’.
SEC. 6. MISCELLANEOUS PROVISIONS.
(a) REVOCATION OF ORDERS.—Any public orders
withdrawing any of the Federal land identified in section
4(d) from appropriation or disposal under the public land
laws are hereby revoked as necessary to permit disposal
of the Federal land as directed by this Act.
(b) SEGREGATION OF FEDERAL LAND.—If a seg-
regation of the Federal land pursuant to section 206(i)(1)
of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1716(i)(1)) is not already in effect on the date
of enactment of this Act, the Federal land identified for
conveyance to YRLP in section 4(d) are hereby segregated
from all forms of entry and appropriation under the public
land laws, including the mining and mineral leasing laws
and the Geothermal Steam Act of 1970, until such time
as the land exchange directed by this Act is consummated.
(c) SURVEYS, INVENTORIES, AND CLEARANCES.—
Prior to consummating the land exchange directed by this
Act, the Secretary shall perform, or cause to be performed,
any necessary land surveys and preexchange inventories,
clearances, reviews, and approvals relating to threatened
and endangered species, cultural and historic resources,
wetlands and floodplains, and hazardous materials.
(d) COSTS OF IMPLEMENTING THE EXCHANGE.—
(1) IN GENERAL.—The Secretary shall perform
and pay for any and all costs and expenses of imple-
menting the exchange, other than the following
amounts which, in order to save administrative costs
to the United States and expedite the consummation
of the exchange, shall be paid for by YRLP—
(A) the entire cost of the appraisals of the
Federal and non-Federal land which shall be
paid by YRLP directly to the appraiser or ap-
praisers;
(B) the entire cost of all necessary land
surveys and verified legal descriptions of the
Federal and non-Federal land;
(C) the entire cost of title insurance; and
(D) 50 percent of the costs and expenses
of cultural and historic resource surveys, sur-
veys of hazardous materials, escrow, and publi-
cation of notice.
(2) LIMITS; PRIOR PAYMENTS; NONELIGIBILITY
FOR REIMBURSEMENT.—Notwithstanding paragraph
(1), the total of all costs and expenses paid by
YRLP under paragraph (1) shall not exceed
$500,000. The costs and expenses that have been
paid by YRLP for cultural or historic resource sur-
veys prior to the date of enactment of this Act shall
be applied toward the $500,000 limitation on
YRLP’s obligation to pay exchange-related costs and
expenses, as set forth in paragraph (1). Any
amounts paid by YRLP under this paragraph shall
be paid by YRLP without eligibility for reimburse-
ment under section 206(f) of the Federal Land Pol-
icy and Management Act of 1976 (43 U.S.C.
1716(f)).
(3) INADEQUATE STAFF AND BUDGET.—In the
event the Secretary does not have adequate staff or
budget to implement the exchange within 1 year fol-
lowing the enactment of this Act, or if the costs and
expenses described in paragraph (1) exceed the limi-
tation on YRLP’s obligation to pay such costs or ex-
penses, the Secretary shall arrange with YRLP to
have such work or additional work performed by an
independent third party subcontractor mutually ac-
ceptable to the Secretary and YRLP, and initially
paid for by YRLP. Any such payments made by
YRLP shall be subject to the provisions of para-
graph (4).
(4) REIMBURSEMENT.—The Secretary shall re-
imburse YRLP for the cost of any additional work
performed by independent third party subcontractors
in accordance with the provisions of paragraph (3).
In lieu of monetary payments, the Secretary shall
credit all payments made by YRLP pursuant to
paragraph (3) 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)).
(e) TIMING.—It is the intent of Congress that the
land exchange authorized and directed by this Act be con-
summated no later than 1 year after the date of enactment
of this Act.
SEC. 7. LAND STATUS AND MANAGEMENT.
(a) INCORPORATION INTO THE PRESCOTT NATIONAL
FOREST.—Land acquired by the United States under this
Act shall become part of the Prescott National Forest and
will be subject to the laws, rules, and regulations applica-
ble to the National Forest System.
(b) LAND MANAGEMENT PLANNING.—Acquisition of
the land authorized by this Act shall not, of itself, require
a revision or amendment to the Land and Resource Man-
agement Plan for the Prescott National Forest, but such
land acquired by the United States pursuant to this Act
shall be considered as part of the next revision of said
Plan.
(c) WILDLIFE HABITAT, GRAZING, TRAILS
AND
ROADS, TIMBER.—Following its acquisition of the non-
Federal land pursuant to this Act, the non-Federal land
and adjacent land retained by the United States and ad-
ministered by Prescott National Forest shall be managed
by the Secretary in accordance with the following stand-
ards:
(1) The land shall continue to be managed to
maintain its present character and natural values,
including deer, pronghorn antelope, wild turkey,
mountain lion, other resident wildlife and native
plant species, livestock grazing and aesthetic values.
(2) The Secretary shall provide opportunities
for public motorized and nonmotorized recreation
and hunting by maintaining or improving the exist-
ing system of maintained and primitive roads and
trails in the area.
(3) Commercial timber harvest shall be prohib-
ited and existing stands of native trees shall be pre-
served except where the Secretary determines such
harvest may be necessary for the prevention and
control of fire, insects and disease, or to protect or
enhance grassland habitat, watershed values, or na-
tive plant and wildlife species.
(4) Nothing in this Act shall be construed as
prohibiting the Secretary from authorizing new
water improvements for the benefit of domestic live-
stock or wildlife management in the consolidated
area in accordance with the laws, rules, and regula-
tions applicable to such improvements on national
forest system land.
(5) The Secretary shall improve or construct, or
authorize the improvement or construction of, a pub-
lic access road linking Forest Road 7 (Pine Creek
road) to Forest Road 1 (Turkey Canyon road)
through portions of secs. 33, 32, 31, and 30, T. 19
N., R. 6 W. Until the new public access road is com-
pleted, the existing road linking Pine Creek and
Gobbler Knob shall remain open. Once the new pub-
lic access road has been completed, the existing road
may be converted into a nonmotorized trail to facili-
tate future public access to the consolidated area.
(d) ACCESS TO LAND.—The Secretary and YRLP
shall mutually grant to each other unlimited, perpetual,
nonexclusive, and reciprocal easements for purposes of in-
gress, egress, and utilities across those routes depicted on
the map entitled ‘‘Roadway Easements’’ dated April 2002,
or over such relocated routes as are mutually agreed to
by the Secretary and YRLP. In each such case, each ease-
ment shall run with and benefit the grantee’s land, and
the grantee’s rights shall extend to the grantee’s succes-
sors, assigns, transferees, and in the case of the Secretary,
to members of the general public as deemed appropriate
by the Secretary.
(e) CORRECTION
OF MAPS.—The Secretary and
YRLP may correct any clerical or typographical errors in
the maps, legal descriptions, or encumbrances on the Fed-
eral or non-Federal land to be exchanged under this Act.
In the event of any discrepancy between a map and legal
description, the map shall prevail unless the Secretary and
YRLP agree otherwise. All maps referenced in this Act
and the form of declarations shall be on file and available
for inspection in the Office of the Supervisor, Prescott Na-
tional Forest, Prescott, Arizona.
(f) EFFECT.—Nothing set forth in this Act shall be
deemed to preclude, prohibit, or otherwise restrict the abil-
ity of Yavapai Ranch Limited Partnership or Northern
Yavapai, L.L.C. to subsequently grant, convey, or other-
wise transfer title to the Federal land or any part thereof
acquired by Yavapai Ranch Limited Partnership or North-
ern Yavapai, L.L.C. under the terms of this Act following
its acquisition of title to the Federal land and recordation
of the Declarations and any conforming amendments
thereto.
SEC. 8. EQUALIZATION IF FEDERAL LAND APPRAISED
VALUE IS HIGHER.
If the final approved appraised value of Federal land
is greater than the final approved appraised value of the
non-Federal land, the land shall be adjusted in the fol-
lowing order and priority:
(1) Add the following non-Federal land to the
land to be conveyed by YRLP to the United States:
in T. 20 N., R. 5 W., Gila and Salt River Base and
Meridian, Yavapai County, Arizona, sec. 31; and in
T. 20 N., R. 6 W., Gila and Salt River Base and
Meridian, Yavapai County, Arizona, secs. 33 and 35.
Adjustments shall be made by beginning at the
south boundary of these sections and adding in 1⁄8
section increments (E–W 64th line) across all 3 sec-
tions until the entire sections are added. As set forth
below, the corresponding adjacent Federal sections
would be deleted in the same increments, at the
same time, to create a linear and continuous bound-
ary, running generally east to west across these sec-
tions.
(2) Simultaneously with the addition of those
land described immediately above, delete Federal
land in the following order: in T. 20 N., R. 5 W.,
Gila and Salt River Base and Meridian, Yavapai
County, Arizona, sec. 32; and in T. 20 N., R. 6 W.,
Gila and Salt River Base and Meridian, Yavapai
County, Arizona, secs. 32, 34, and 36. Adjustments
shall be made as set forth above in subparagraph
(A).
(3) Following the adjustments described in sub-
paragraphs (A) and (B) above, the following parcels
shall be deleted from the exchange in the following
order until the value of the Federal and non-Federal
land are equalized:
(A) WILLIAMS SEWER PARCEL.—(Kaibab
National 
Forest), 
described 
as 
the
E1⁄2NW1⁄4SE1⁄4 of sec. 21, T. 22 N., R. 2 E.,
Gila and Salt River Base and Meridian,
Coconino County, Arizona, containing 20 record
acres, more or less.
(B) 
WILLIAMS
RAILROAD
PARCEL.—
(Kaibab National Forest), described as follows:
The W1⁄2SW1⁄4 of sec. 26, T. 22 N., R. 2
E., Gila and Salt River Base and Meridian,
Coconino County, Arizona, less and excepting
therefrom any portion lying northeasterly of the
southwesterly right-of-way line of the Bur-
lington Northern and Santa Fe Railway (Selig-
man Subdivision), containing, after recognizing
the exception, 30 estimated acres, more or less,
subject to confirmation by the Bureau of Land
Management approved survey providing accept-
able legal description and acreage;
The NE1⁄4NW1⁄4, the N1⁄2SE1⁄4NW1⁄4, the
SE1⁄4SE1⁄4NW1⁄4, the NE1⁄4, SE1⁄4SW1⁄4, and
the SE1⁄4 of sec. 27, T. 22 N., R. 2 E., Gila
and Salt River Base and Meridian, Coconino
County, Arizona, less and excepting therefrom
any portion lying north of the southerly right-
of-way of Interstate 40 and except any portion
lying northeasterly of the southwesterly right-
of-way line of the Burlington Northern & Santa
Fe Railway (Seligman Subdivision), and EX-
CEPT any portion lying south of the northerly
right-of-way of the Burlington Northern and
Santa Fe Railway (Phoenix Subdivision), and
except any portion within Exchange Survey No.
677, containing, after recognizing the excep-
tions, 220 estimated acres, more or less, subject
to confirmation by the Bureau of Land Man-
agement approved survey providing acceptable
legal description and acreage;
The NE1⁄4NE1⁄4 of sec. 34, T. 22 N., R.
2 E., Gila and Salt River Base and Meridian,
Coconino County, Arizona, less and excepting
therefrom any portion lying southwesterly of
the northeasterly right-of-way line of the Bur-
lington Northern and Santa Fe Railway (Phoe-
nix Subdivision), containing, after recognizing
the exception, 2 estimated acres, more or less,
subject to confirmation by the Bureau of Land
Management approved survey providing accept-
able legal description and acreage; and
The N1⁄2 of sec. 35, T. 22 N., R. 2 E.,
Gila and Salt River Base and Meridian,
Coconino County, Arizona, less and excepting
therefrom any portion lying northerly of the
southerly right-of-way line of the Burlington
Northern and Santa Fe Railway (Seligman
Subdivision), and except any portion lying south
of the northerly right-of-way of the Burlington
Northern and Santa Fe Railway (Phoenix Sub-
division), containing, after recognizing the ex-
ceptions, 60 estimated acres, more or less, sub-
ject to confirmation by the Bureau of Land
Management approved survey providing accept-
able legal description and acreage.
(D) BUCKSKINNER
PARK.—(Kaibab Na-
tional Forest), described as the SW1⁄4SW1⁄4,
and the S1⁄2S1⁄2NW1⁄4SW1⁄4 of sec. 33, T. 22
County, Arizona, to the Federal land to the land to
be conveyed by the United States to Yavapai Ranch
Limited Partnership or Northern Yavapai, L.L.C.
Adjustments shall be made by beginning at the east
boundary of this section and adding in 1⁄8 section in-
crements (N–S 64th line) and lot lines across the
section until the entire section is added. As set forth
below, the corresponding adjacent non-Federal sec-
tions would be deleted in the same increments, at
the same time, to create a linear and continuous
boundary, running generally north to south across
these sections.
(2) Simultaneously with the addition of those
land described immediately above, delete portions of
secs. 19 and 31, T. 20 N., R. 6 W., Gila and Salt
River Base and Meridian, Yavapai County, Arizona.
Adjustments shall be made as set forth in paragraph
(1).
Æ