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(2) NONWILDERNESS ACTIVITIES.—The fact that
nonwilderness activities or uses can be seen or heard
from areas within a wilderness area designated by
this title shall not preclude the conduct of those activi-
ties or uses outside the boundary of the wilderness
area.
SEC. 1005. RELEASE OF WILDERNESS STUDY AREAS.
(a) FINDING.—Congress finds that, for the purposes of
section 603 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1782), any portion of a wilderness
study area described in subsection (b) that is not designated
as wilderness by this title or any previous Act has been ade-
quately studied for wilderness.
(b) DESCRIPTION OF STUDY AREAS.—The study areas
referred to in subsection (a) are—
(1) the King Range Wilderness Study Area;
(2) the Chemise Mountain Instant Study Area;
(3) the Red Mountain Wilderness Study Area;
(4) the Cedar Roughs Wilderness Study Area;
and
(5) those portions of the Rocky Creek/Cache
Creek Wilderness Study Area in Lake County, Cali-
fornia which are not in R. 5 W., T. 12 N., sec. 22,
Mount Diablo Meridian.
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(c) RELEASE.—Any portion of a wilderness study area
described in subsection (b) that is not designated as wilder-
ness by this title or any other Act enacted before the date
of enactment of this Act shall not be subject to section 603(c)
of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1782(c)).
SEC. 1006. ELKHORN RIDGE POTENTIAL WILDERNESS AREA.
(a) DESIGNATION.—In furtherance of the purposes of
the Wilderness Act (16 U.S.C. 1131 et seq.), certain public
land in the State administered by the Bureau of Land Man-
agement, compromising approximately 9,655 acres, as gen-
erally depicted on the map entitled South Fork Eel River
Wilderness Area and Elkhorn Ridge Potential Wilderness’’
and dated September 27, 2004, is designated as a potential
wilderness area.
(b) MANAGEMENT.—Except as provided in subsection
(c) and subject to valid existing rights, the Secretary shall
manage the potential wilderness area as wilderness until
the potential wilderness area is designated as wilderness.
(c) ECOLOGICAL RESTORATION.—
(1) IN GENERAL.—For purposes of ecological res-
toration (including the elimination of non-native spe-
cies, removal of illegal, unused, or decommissioned
roads, repair of skid tracks, and any other activities
necessary to restore the natural ecosystems in the po-
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tential wilderness area), the Secretary may used mo-
torized equipment and mechanized transport in the
potential wilderness area until the potential wilder-
ness area is designated as wilderness.
(2) LIMITATION.—To the maximum extent prac-
ticable, the Secretary shall use the minimum tool or
administrative practice necessary to accomplish eco-
logical restoration with the least amount of adverse
impact on wilderness character and resources.
(d) WILDERNESS DESIGNATION.—
(1) IN GENERAL.—The potential wilderness area
shall be designated as wilderness and as a component
of the National Wilderness Preservation System on
the earlier of—
(A) the date on which the Secretary pub-
lishes in the Federal Register notice that the con-
ditions in the potential wilderness area that are
incompatible with the Wilderness Act (16 U.S.C.
1131 et seq.) have been removed; or
(B) the date that is 5 years after the date
of enactment of this Act.
(2) ADMINISTRATION.—On designation as wil-
derness under paragraph (1), the potential wilderness
area shall be—
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(A) known as the ‘‘Elkhorn Ridge Wilder-
ness’’; and
(B) administered in accordance with this
title and the Wilderness Act (16 U.S.C. 1131 et
seq.).
SEC. 1007. WILD AND SCENIC RIVER DESIGNATION.
(a) DESIGNATION OF BLACK BUTTE RIVER, CALI-
FORNIA.—Section 3(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(a)) is amended by adding at the end the
following:
‘‘(ll) BLACK BUTTE RIVER, CALIFORNIA.—The
following segments of the Black Butte River in the
State of California, to be administered by the Sec-
retary of Agriculture:
‘‘(A) The 16 miles of Black Butte River,
from the Mendocino County Line to its con-
fluence with Jumpoff Creek, as a wild river.
‘‘(B) The 3.5 miles of Black Butte River
from its confluence with Jumpoff Creek to its
confluence with Middle Eel River, as a scenic
river.
‘‘(C) The 1.5 miles of Cold Creek from the
Mendocino County Line to its confluence with
Black Butte River, as a wild river.’’.
(b) PLAN; REPORT.—
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(1) IN
GENERAL.—Not later than 18 months
after the date of enactment of this Act, the Secretary
of Agriculture shall submit to Congress—
(A) a fire management plan for the Black
Butte River segments designated by the amend-
ment under subsection (a); and
(B) a report on the cultural and historic re-
sources within those segments.
(2) TRANSMITTAL TO COUNTY.—The Secretary of
Agriculture shall transmit to the Board of Super-
visors of Mendocino County, California, a copy of the
plan and report submitted under paragraph (1).
SEC. 1008. KING RANGE NATIONAL CONSERVATION AREA
BOUNDARY ADJUSTMENT.
Section 9 of Public Law 91–476 (16 U.S.C. 460y–8)
is amended by adding at the end the following:
‘‘(d) In addition to the land described in subsections
(a) and (c), the land identified as the King Range National
Conservation Area Additions on the map entitled ‘King
Range Wilderness’ and dated November 12, 2004, is in-
cluded in the Area.’’.
TITLE XI—TRIBAL PARITY ACT
SEC. 1101. SHORT TITLE.
This title may be cited as the ‘‘Tribal Parity Act’’.
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SEC. 1102. FINDINGS.
Congress finds that—
(1) the Pick-Sloan Missouri River Basin Pro-
gram (authorized by section 9 of the Act of December
22, 1944 (commonly known as the ‘‘Flood Control Act
of 1944’’) (58 Stat. 891)), was approved to promote
the general economic development of the United
States;
(2) the Fort Randall and Big Bend dam and
reservoir projects in South Dakota—
(A) are major components of the Pick-Sloan
Missouri River Basin Program; and
(B) contribute to the national economy;
(3) the Fort Randall and Big Bend projects in-
undated the fertile bottom land of the Lower Brule
and Crow Creek Sioux Tribes, which greatly damaged
the economy and cultural resources of the Tribes;
(4) Congress has provided compensation to sev-
eral Indian tribes, including the Lower Brule and
Crow Creek Sioux Tribes, that border the Missouri
River and suffered injury as a result of 1 or more
Pick-Sloan Projects;
(5) the compensation provided to those Indian
tribes has not been consistent;
(6) Missouri River Indian tribes that suffered
injury as a result of 1 or more Pick-Sloan Projects
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should be adequately compensated for those injuries,
and that compensation should be consistent among the
Tribes; and
(7) the Lower Brule Sioux Tribe and the Crow
Creek Sioux Tribe, based on methodology determined
appropriate by the General Accounting Office, are en-
titled to receive additional compensation for injuries
described in paragraph (6), so as to provide parity
among compensation received by all Missouri River
Indian tribes.
SEC. 1103. LOWER BRULE SIOUX TRIBE.
Section 4(b) of the Lower Brule Sioux Tribe Infra-
structure Development Trust Fund Act (Public Law 105–
132; 111 Stat. 2565) is amended by striking ‘‘$39,300,000’’
and inserting ‘‘$186,822,140’’.
SEC. 1104. CROW CREEK SIOUX TRIBE.
Section 4(b) of the Crow Creek Sioux Tribe Infrastruc-
ture Development Trust Fund Act of 1996 (Public Law
104–223; 110 Stat. 3027) is amended by striking
‘‘$27,500,000’’ and inserting ‘‘$105,917,853’’.
TITLE XII—REDWOOD NATIONAL
PARK BOUNDARY ADJUSTMENT
SEC. 1201. SHORT TITLE.
This title may be cited as the ‘‘Redwood National Park
Boundary Adjustment Act of 2004’’.
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SEC. 1202. REDWOOD NATIONAL PARK BOUNDARY ADJUST-
MENT.
Section 2(a) of the Act of Public Law 90–545 (16
U.S.C. 79b(a)) is amended—
(1) in the first sentence, by striking ‘‘(a) The
area’’ and all that follows through the period at the
end and inserting the following: ‘‘(a)(1) The Redwood
National Park consists of the land generally depicted
on the map entitled ‘Redwood National Park, Revised
Boundary’, numbered 167/60502, and dated Feb-
ruary, 2003.’’;
(2) by inserting after paragraph (1) (as des-
ignated by paragraph (1)) the following:
‘‘(2) The map referred to in paragraph (1) shall be—
‘‘(A) on file and available for public inspection
in the appropriate offices of the National Park Serv-
ice; and
‘‘(B) provided by the Secretary of the Interior to
the appropriate officers of Del Norte and Humboldt
Counties, California.’’; and
(3) in the second sentence—
(A) by striking ‘‘The Secretary’’ and insert-
ing the following:
‘‘(3) The Secretary’’; and
(B) by striking ‘‘one hundred and six thou-
sand acres’’ and inserting ‘‘133,000 acres’’.
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TITLE XIII—VALLES CALDERA
PRESERVATION
SEC. 1301. SHORT TITLE.
This title may be cited as the ‘‘Valles Caldera Preser-
vation Act of 2004’’.
SEC. 1302. AMENDMENTS TO THE VALLES CALDERA PRES-
ERVATION ACT.
(a) ACQUISITION OF OUTSTANDING MINERAL INTER-
ESTS.—Section 104(e) of the Valles Caldera Preservation
Act (16 U.S.C. 698v–2(e)) is amended—
(1) by striking ‘‘The acquisition’’ and inserting
the following:
‘‘(1) IN GENERAL.—The acquisition’’;
(2) by striking ‘‘The Secretary’’ and inserting
the following:
‘‘(2) ACQUISITION.—The Secretary’’;
(3) by striking ‘‘on a willing seller basis’’;
(4) by striking ‘‘Any such’’ and inserting the fol-
lowing:
‘‘(3) ADMINISTRATION.—Any such’’; and
(5) by adding at the end the following:
‘‘(4) AVAILABLE
FUNDS.—Any such interests
shall be acquired with available funds.
‘‘(5) DECLARATION OF TAKING.—
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‘‘(A) IN GENERAL.—If negotiations to ac-
quire the interests are unsuccessful by the date
that is 60 days after the date of enactment of
this paragraph, the Secretary shall acquire the
interests pursuant to section 3114 of title 40,
United States Code.
‘‘(B) SOURCE OF FUNDS.—Any difference
between the sum of money estimated to be just
compensation by the Secretary and the amount
awarded shall be paid from the permanent judg-
ment appropriation under section 1304 of title
31, United States Code.’’.
(b) 
OBLIGATIONS
AND
EXPENDITURES.—Section
106(e) of the Valles Caldera Preservation Act (16 U.S.C.
698v–4(e)) is amended by adding at the end the following:
‘‘(4) OBLIGATIONS AND EXPENDITURES.—Subject
to the laws applicable to Government corporations,
the Trust shall determine—
‘‘(A) the character of, and the necessity for,
any obligations and expenditures of the Trust;
and
‘‘(B) the manner in which obligations and
expenditures shall be incurred, allowed, and
paid.’’.
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(c) SOLICITATION OF DONATIONS.—Section 106(g) of
the Valles Caldera Preservation Act (16 U.S.C. 698v–4(g))
is amended by striking ‘‘The Trust may solicit’’ and insert-
ing ‘‘The members of the Board of Trustees, the executive
director, and 1 additional employee of the Trust in an exec-
utive position designated by the Board of Trustees or the
executive director may solicit’’.
(d) USE
OF PROCEEDS.—Section 106(h)(1) of the
Valles Caldera Preservation Act (16 U.S.C. 698v–4(h)(1))
is amended by striking ‘‘subsection (g)’’ and inserting ‘‘sub-
section (g), from claims, judgments, or settlements arising
from activities occurring on the Baca Ranch or the Preserve
after October 27, 1999,’’.
SEC. 1303. BOARD OF TRUSTEES.
Section 107(e) of the Valles Caldera Preservation Act
(U.S.C. 698v–5(e)) is amended—
(1) in paragraph (2), by striking ‘‘Trustees’’ and
inserting ‘‘Except as provided in paragraph (3),
trustees’’; and
(2) in paragraph (3)—
(A) by striking ‘‘Trustees’’ and inserting the
following:
‘‘(A) SELECTION.—Trustees’’; and
(B) by adding at the end the following:
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‘‘(B) COMPENSATION.—On request of the
chair, the chair may be compensated at a rate
determined by the Board of Trustees, but not to
exceed the daily equivalent of the annual rate of
pay for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for
each day (including travel time) in which the
chair is engaged in the performance of duties of
the Board of Trustees.
‘‘(C) MAXIMUM RATE OF PAY.—The total
amount of compensation paid to the chair for a
fiscal year under subparagraph (B) shall not ex-
ceed 25 percent of the annual rate of pay for
level IV of the Executive Schedule under section
5315 of title 5, United States Code.’’.
SEC. 1304. RESOURCE MANAGEMENT.
(a) 
PROPERTY
DISPOSAL
LIMITATIONS.—Section
108(c)(3) of the Valles Caldera Preservation Act (16 U.S.C.
698v–6(c)(3)) is amended—
(1) in the first sentence, by striking ‘‘The Trust
may not dispose’’ and inserting the following:
‘‘(A) IN GENERAL.—The Trust may not dis-
pose’’;
(2) in the second sentence, by striking ‘‘The
Trust’’ and inserting the following:
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‘‘(B) MAXIMUM DURATION.—The Trust’’;
(3) in the last sentence, by striking ‘‘Any such’’
and inserting the following:
‘‘(C) TERMINATION.—The’’; and
(4) by adding at the end the following:
‘‘(D) EXCLUSIONS.—For the purposes of
this paragraph, the disposal of real property does
not include the sale or other disposal of forage,
forest products, or marketable renewable re-
sources.’’.
(b) LAW ENFORCEMENT AND FIRE MANAGEMENT.—
Section 108(g) of the Valles Caldera Preservation Act (16
U.S.C. 698v–6(g)) is amended—
(1) in the first sentence, by striking ‘‘The Sec-
retary’’ and inserting the following:
‘‘(1) LAW ENFORCEMENT.—
‘‘(A) IN GENERAL.—The Secretary’’;
(2) in the second sentence, by striking ‘‘The
Trust’’ and inserting the following:
‘‘(B) FEDERAL AGENCY.—The Trust’’; and
(3) by striking ‘‘At the request of the Trust’’ and
all that follows through the end of the paragraph and
inserting the following:
‘‘(2) FIRE MANAGEMENT.—
‘‘(A) NON-REIMBURSABLE SERVICES.—
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‘‘(i) DEVELOPMENT
OF
PLAN.—The
Secretary shall, in consultation with the
Trust, develop a plan to carry out fire pre-
paredness, suppression, and emergency re-
habilitation services on the Preserve.
‘‘(ii) CONSISTENCY WITH MANAGEMENT
PROGRAM.—The plan shall be consistent
with the management program developed
pursuant to subsection (d).
‘‘(iii) COOPERATIVE AGREEMENT.—To
the extent generally authorized at other
units of the National Forest System, the
Secretary shall provide the services to be
carried out pursuant to the plan under a
cooperative agreement entered into between
the Secretary and the Trust.
‘‘(B) REIMBURSABLE SERVICES.—To the ex-
tent generally authorized at other units of the
National Forest System, the Secretary may pro-
vide presuppression and nonemergency rehabili-
tation and restoration services for the Trust at
any time on a reimbursable basis.’’.
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TITLE XIV—CENTRAL NEVADA
RURAL CEMETERIES
SEC. 1401. SHORT TITLE.
This title may be cited as the ‘‘Central Nevada Rural
Cemeteries Act’’.
SEC. 1402. CONVEYANCE TO LANDER COUNTY, NEVADA.
(a) FINDINGS.—Congress finds that—
(1) the historical use by settlers and travelers
since the late 1800’s of the cemetery known as ‘‘King-
ston Cemetery’’ in Kingston, Nevada, predates incor-
poration of the land within the jurisdiction of the
Forest Service on which the cemetery is situated;
(2) it is appropriate that that use be continued
through local public ownership of the parcel rather
than through the permitting process of the Federal
agency;
(3) in accordance with Public Law 85–569 (com-
monly known as the ‘‘Townsite Act’’) (16 U.S.C.
478a), the Forest Service has conveyed to the Town of
Kingston 1.25 acres of the land on which historic
gravesites have been identified; and
(4) to ensure that all areas that may have un-
marked gravesites are included, and to ensure the
availability of adequate gravesite space in future
years, an additional parcel consisting of approxi-
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mately 8.75 acres should be conveyed to the county so
as to include the total amount of the acreage included
in the original permit issued by the Forest Service for
the cemetery.
(b) CONVEYANCE ON CONDITION SUBSEQUENT.—Sub-
ject to valid existing rights and the condition stated in sub-
section (e), the Secretary of Agriculture, acting through the
Chief of the Forest Service (referred to in this section as
the ‘‘Secretary’’), not later than 90 days after the date of
enactment of this Act, shall convey to Lander County, Ne-
vada (referred to in this section as the ‘‘county’’), for no
consideration, all right, title, and interest of the United
States in and to the parcel of land described in subsection
(c).
(c) DESCRIPTION OF LAND.—The parcel of land re-
ferred to in subsection (b) is the parcel of National Forest
System land (including any improvements on the land)
known as ‘‘Kingston Cemetery’’, consisting of approxi-
mately 10 acres and more particularly described as
SW1⁄4SE1⁄4SE1⁄4 of section 36, T. 16N., R. 43E., Mount
Diablo Meridian.
(d) EASEMENT.—At the time of the conveyance under
subsection (b), subject to subsection (e)(2), the Secretary
shall grant the county an easement allowing access for per-
sons desiring to visit the cemetery and other cemetery pur-
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poses over Forest Development Road #20307B, notwith-
standing any future closing of the road for other use.
(e) CONDITION ON USE OF LAND.—
(1) IN GENERAL.—The county (including its suc-
cessors) shall continue the use of the parcel conveyed
under subsection (b) as a cemetery.
(2) REVERSION.—If the Secretary, after notice to
the county and an opportunity for a hearing, makes
a finding that the county has used or permitted the
use of the parcel for any purpose other than the pur-
pose specified in paragraph (1), and the county fails
to discontinue that use—
(A) title to the parcel shall revert to the Sec-
retary, to be administered by the Secretary; and
(B) the easement granted to the county
under subsection (d) shall be revoked.
(3) WAIVER.—The Secretary may waive the ap-
plication of subparagraph (A) or (B) of paragraph
(2) if the Secretary determines that a waiver would
be in the best interests of the United States.
SEC. 1403. CONVEYANCE TO EUREKA COUNTY, NEVADA.
(a) FINDINGS.—Congress finds that—
(1) the historical use by settlers and travelers
since the late 1800’s of the cemetery known as ‘‘Maid-
en’s Grave Cemetery’’ in Beowawe, Nevada, predates
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incorporation of the land within the jurisdiction of
the Bureau of Land Management on which the ceme-
tery is situated; and
(2) it is appropriate that that use be continued
through local public ownership of the parcel rather
than through the permitting process of the Federal
agency.
(b) CONVEYANCE ON CONDITION SUBSEQUENT.—Sub-
ject to valid existing rights and the condition stated in sub-
section (e), the Secretary of the Interior, acting through the
Director of the Bureau of Land Management (referred to
in this section as the ‘‘Secretary’’), not later than 90 days
after the date of enactment of this Act, shall convey to Eure-
ka County, Nevada (referred to in this section as the ‘‘coun-
ty’’), for no consideration, all right, title, and interest of
the United States in and to the parcel of land described
in subsection (c).
(c) DESCRIPTION OF LAND.—The parcel of land re-
ferred to in subsection (b) is the parcel of public land (in-
cluding any improvements on the land) known as ‘‘Maid-
en’s Grave Cemetery’’, consisting of approximately 10 acres
and more particularly described as S1⁄2NE1⁄4SW1⁄4SW1⁄4,
N1⁄2SE1⁄4SW1⁄4SW1⁄4 of section 10, T.31N., R.49E., Mount
Diablo Meridian.
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(d) EASEMENT.—At the time of the conveyance under
subsection (b), subject to subsection (e)(2), the Secretary
shall grant the county an easement allowing access for per-
sons desiring to visit the cemetery and other cemetery pur-
poses over an appropriate access route consistent with cur-
rent access.
(e) CONDITION ON USE OF LAND.—
(1) IN GENERAL.—The county (including its suc-
cessors) shall continue the use of the parcel conveyed
under subsection (b) as a cemetery.
(2) REVERSION.—If the Secretary, after notice to
the county and an opportunity for a hearing, makes
a finding that the county has used or permitted the
use of the parcel for any purpose other than the pur-
pose specified in paragraph (1), and the county fails
to discontinue that use—
(A) title to the parcel shall revert to the Sec-
retary, to be administered by the Secretary; and
(B) the easement granted to the county
under subsection (d) shall be revoked.
(3) WAIVER.—The Secretary may waive the ap-
plication of subparagraph (A) or (B) of paragraph
(2) if the Secretary determines that a waiver would
be in the best interests of the United States.
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TITLE XV—DANDINI RESEARCH
PARK CONVEYANCE
SEC. 1501. SHORT TITLE.
This title may be cited as the ‘‘Dandini Research Park
Conveyance Act’’.
SEC. 1502. DEFINITIONS.
In this title:
(1) BOARD OF REGENTS.—The term ‘‘Board of
Regents’’ means the Board of Regents of the Univer-
sity and Community College System of Nevada.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
SEC. 1503. CONVEYANCE TO THE UNIVERSITY AND COMMU-
NITY COLLEGE SYSTEM OF NEVADA.
(a) CONVEYANCE.—
(1) IN GENERAL.—The Secretary shall convey to
the Board of Regents, without consideration, all right,
title, and interest of the United States in and to the
approximately 467 acres of land located in Washoe
County, Nevada, patented to the University of Nevada
under the Act of June 14, 1926 (commonly known as
the ‘‘Recreation and Public Purposes Act’’) (43
U.S.C. 869 et seq.), and described in paragraph (2).
(2) DESCRIPTION OF LAND.—The land referred
to in paragraph (1) is—
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(A) the parcel of land consisting of approxi-
mately 309.11 acres and more particularly de-
scribed as T. 20 N., R. 19 E., Sec. 25, lots 1, 2,
3, 4, 5, and 11, SE1⁄4NW1⁄4, NE1⁄4SW1⁄4, Mount
Diablo Meridian, Nevada; and
(B) the parcel of land consisting of approxi-
mately 158.22 acres and more particularly de-
scribed as T. 20 N., R. 19 E., Sec. 25, lots 6 and
7, SW1⁄4NE1⁄4, NW1⁄4SE1⁄4, Mount Diablo Merid-
ian, Nevada.
(b) COSTS.—The Board of Regents shall pay to the
United States an amount equal to the costs of the Secretary
associated with the conveyance under subsection (a)(1).
(c) CONDITIONS.—If the Board of Regents sells any
portion of the land conveyed to the Board of Regents under
subsection (a)(1)—
(1) the amount of consideration for the sale shall
reflect fair market value, as determined by an ap-
praisal; and
(2) the Board of Regents shall pay to the Sec-
retary an amount equal to the net proceeds of the
sale, for use by the Director of the Bureau of Land
Management in the State of Nevada, without further
appropriation.
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TITLE 
XVI—ACQUISITION 
OF
CERTAIN PROPERTY IN WASH-
INGTON COUNTY, UTAH
SEC. 1601. ACQUISITION OF CERTAIN PROPERTY IN WASH-
INGTON COUNTY, UTAH.
(a) DEFINITION OF OWNER.—In this section, the term
‘‘owner’’ means an owner that is able to convey to the
United States clear title to property taken under this sec-
tion.
(b) TAKING
OF PROPERTY.—Notwithstanding any
other provision of law, effective 30 days after the date of
enactment of this Act, there is vested in the United States
all right, title, and interest in and to, and the right to im-
mediate possession of certain land located in a master
planned community development in Washington County,
Utah, known as ‘‘PAHO’’, owned by Environmental Land
Technology, Ltd., Rocky Mountain Ventures, and James
Doyle, within the Red Cliffs Reserve in Washington County,
Utah, consisting of—
(A) the fee simple interest in approximately
1,516 acres of real property; and
(B) the fee simple interest in 34 acres of
real property adjacent to the Red Cliffs Reserve
owned by Environmental Land Technology, Ltd.
(c) JUST COMPENSATION.—
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(1) IN GENERAL.—The United States shall pay
the owner just compensation determined as of the date
of enactment of this Act.
(2) AMOUNT.—Payment of just compensation
shall be in the amount of—
(A) the valuation of the property deter-
mined by judgment awarded by a United States
Court of competent jurisdiction;
(B) interest from the date of enactment of
this Act; and
(C) any other costs and expenses, if any, as
determined by the court.
(3) INTEREST.—Interest under this subsection
shall be compounded in the same manner as under
subsection (b)(2)(B) of the first section of the Act of
April 17, 1954 (16 U.S.C. 429b(b)(2)(B)), except that
the reference in that provision to the date of enact-
ment of the Manassas National Battlefield Park
Amendments of 1988 shall be deemed to be a reference
to the date of enactment of this Act.
(4) SOURCE
OF
PAYMENT.—Payment of the
amount pursuant to this section shall be made from
the permanent judgment appropriation under section
1304 of title 31, United States Code.
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(5) FULL FAITH AND CREDIT.—The full faith
and credit of the United States is pledged to the pay-
ment of any judgment entered against the United
States with respect to the taking of property under
this section.
TITLE 
XVII—NORTHERN 
ARI-
ZONA LAND EXCHANGE AND
VERDE RIVER BASIN PART-
NERSHIP
SEC. 1701. SHORT TITLE.
This title may be cited as the ‘‘Northern Arizona Land
Exchange and Verde River Basin Partnership Act of 2004’’.
Subtitle A—Northern Arizona Land
Exchange
SEC. 1711. DEFINITIONS.
In this subtitle:
(1) CAMP.—The term ‘‘camp’’ means Camp
Pearlstein, Friendly Pines, Patterdale Pines, Pine
Summit, Sky Y, and Young Life Lost Canyon camps
in the State of Arizona.
(2) CITIES.—The term ‘‘cities’’ means the cities
of Flagstaff, Williams, and Camp Verde, Arizona.
(3) FEDERAL LAND.—The term ‘‘Federal land’’
means the land described in section 1714.
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changes, if necessary to conform to surveys approved by the
Bureau of Land Management.
(B) In the case of any discrepancy between a map and
legal description, the map shall prevail unless the Secretary
and Yavapai Ranch agree otherwise.
(b) EXCHANGE PROCESS.—(1) Except as otherwise
provided in this subtitle, the land exchange under subsection
(a) shall be undertaken in accordance with section 206 of
the Federal Land Policy and Management Act (43 U.S.C.
1716).
(2) Before completing the land exchange under this
subtitle, the Secretary shall perform any necessary land
surveys and pre-exchange inventories, clearances, reviews,
and approvals, including those relating to hazardous mate-
rials, threatened and endangered species, cultural and his-
toric resources, and wetlands and flood plains.
(c) EQUAL VALUE EXCHANGE.—(1) The value of the
Federal land and the non-Federal land shall be equal, or
equalized by the Secretary by adjusting the acreage of the
Federal land in accordance with paragraph (2).
(2) If the final appraised value of the Federal land
exceeds the final appraised value of the non-Federal land,
prior to making other adjustments, the Federal lands shall
be adjusted by deleting all or part of the parcels or portions
of the parcels in the following order:
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(A) A portion of the Camp Verde parcel de-
scribed in section 1714(a)(4), comprising approxi-
mately 316 acres, located in the Prescott National
Forest, and more particularly described as lots 1, 5,
and 6 of section 26, the NE1⁄4NE1⁄4 portion of section
26 and the N1⁄2N1⁄2 portion of section 27, Township
14 North, Range 4 East, Gila and Salt River Base
and Meridian, Yavapai County, Arizona.
(B) A portion of the Camp Verde parcel de-
scribed in section 1714(a)(4), comprising approxi-
mately 314 acres, located in the Prescott National
Forest, and more particularly described as lots 2, 7,
8, and 9 of section 26, the SE1⁄4NE1⁄4 portion of sec-
tion 26, and the S1⁄2N1⁄2 of section 27, Township 14
North, Range 4 East, Gila and Salt River Base and
Meridian, Yavapai County, Arizona.
(C) Beginning at the south boundary of section
31, Township 20 North, Range 5 West, Gila and Salt
River Base and Meridian, Yavapai County, Arizona,
and sections 33 and 35, Township 20 North, Range
6 West, Gila and Salt River Base and Meridian,
Yavapai County, Arizona, by adding to the non-Fed-
eral land to be conveyed to the United States in 1⁄8-
section increments (E-W 64th line) while deleting
from the conveyance to Yavapai Ranch Federal land
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in the same incremental portions of section 32, Town-
ship 20 North, Range 5 West, Gila and Salt River
Base and Meridian, Yavapai County, Arizona, and
sections 32, 34, and 36 in Township 20 North, Range
6 West, Gila and Salt River Base and Meridian,
Yavapai County, Arizona, to establish a linear and
continuous boundary that runs east-to-west across the
sections.
(D) Any other parcels, or portions thereof, agreed
to by the Secretary and Yavapai Ranch.
(3) If any parcel of Federal land or non-Federal land
is not conveyed because of any reason, that parcel of land,
or portion thereof, shall be excluded from the exchange and
the remaining lands shall be adjusted as provided in this
subsection.
(4) If the value of the Federal land exceeds the value
of the non-Federal land by more than $50,000, the Sec-
retary and Yavapai Ranch shall, by mutual agreement, de-
lete additional Federal land from the exchange until the
value of the Federal land and non-Federal land is, to the
maximum extent practicable, equal.
(d) APPRAISALS.—(1) The value of the Federal land
and non-Federal land shall be determined by appraisals
prepared in accordance with the Uniform Appraisal Stand-
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ards for Federal Land Acquisitions and the Uniform
Standards of Professional Appraisal Practice.
(2)(A) After the Secretary has reviewed and approved
the final appraised values of the Federal land and non-Fed-
eral land to be exchanged, the Secretary shall not be re-
quired to reappraise or update the final appraised values
before the completion of the land exchange.
(B) This paragraph shall apply during the three-year
period following the approval by the Secretary of the final
appraised values of the Federal land and non-Federal land
unless the Secretary and Yavapai Ranch have entered into
an agreement to implement the exchange.
(3) During the appraisal process, the appraiser shall
determine the value of each parcel of Federal land and non-
Federal land (including the contributory value of each indi-
vidual section of the intermingled Federal and non-Federal
land of the property described in sections 103(a) and
104(a)(1)) as an assembled transaction.
(4)(A) To ensure the timely and full disclosure to the
public of the final appraised values of the Federal land and
non-Federal land, the Secretary shall provide public notice
of any appraisals approved by the Secretary and copies of
such appraisals shall be available for public inspection in
appropriate offices of the Prescott, Coconino, and Kaibab
National Forests.
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(B) The Secretary shall also provide copies of any ap-
proved appraisals to the cities and the owners of the camps
described in section 1711(1).
(e) CONTRACTING.—(1) If the Secretary lacks adequate
staff or resources to complete the exchange by the date speci-
fied in section 1716(c), Yavapai Ranch, subject to the agree-
ment of the Secretary, may contract with independent
third-party contractors to carry out any work necessary to
complete the exchange by that date.
(2) If, in accordance with this subsection, Yavapai
Ranch contracts with an independent third-party con-
tractor to carry out any work that would otherwise be per-
formed by the Secretary, the Secretary shall reimburse
Yavapai Ranch for the costs for the third-party contractors.
(f) EASEMENTS.—(1) The exchange of non-Federal and
Federal land under this subtitle shall be subject to any ease-
ments, rights-of-way, utility lines, and any other valid en-
cumbrances in existence on the date of enactment of this
subtitle, including acquired easements for water pipelines
as generally depicted on the map entitled ‘‘Yavapai Ranch
Land Exchange, YRLP Acquired Easements for Water
Lines’’ dated April 2002, and any other reservations that
may be agreed to by the Secretary and Yavapai Ranch.
(2) Upon completion of the land exchange under this
subtitle, the Secretary and Yavapai Ranch shall grant each
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other at no charge reciprocal easements for access and utili-
ties across, over, and through—
(A) the routes depicted on the map entitled
‘‘Yavapai Ranch Land Exchange, Road and Trail
Easements, Yavapai Ranch Area’’ dated April 2002;
and
(B) any relocated routes that are agreed to by
the Secretary and Yavapai Ranch.
(3) An easement described in paragraph (2) shall be
unrestricted and non-exclusive in nature and shall run with
and benefit the land.
(g) CONVEYANCE OF FEDERAL LAND TO CITIES AND
CAMPS.—(1) Prior to the completion of the land exchange
between Yavapai Ranch and the Secretary, the cities and
the owners of the camps may enter into agreements with
Yavapai Ranch whereby Yavapai Ranch, upon completion
of the land exchange, will convey to the cities or the owners
of the camps the applicable parcel of Federal land or por-
tion thereof.
(2) If Yavapai Ranch and the cities or camp owners
have not entered into agreements in accordance with para-
graph (1), the Secretary shall, on notification by the cities
or owners of the camps no later than 30 days after the date
the relevant approved appraisal is made publicly available,
delete the applicable parcel or portion thereof from the land
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exchange between Yavapai Ranch and the United States as
follows:
(A) Upon request of the City of Flagstaff, Ari-
zona, the parcels, or portion thereof, described in sec-
tion 1714(a)(2).
(B) Upon request of the City of Williams, Ari-
zona, the parcels, or portion thereof, described in sec-
tion 1714(a)(3).
(C) Upon request of the City of Camp Verde, Ar-
izona, a portion of the parcel described in section
1714(a)(4), comprising approximately 514 acres lo-
cated southeast of the southeastern boundary of the I–
17 right-of-way, and more particularly described as
the SE1⁄4 portion of the southeast quarter of section
26, the E1⁄2 and the E1⁄2W1⁄2 portions of section 35,
and lots 5 through 7 of section 36, Township 14
North, Range 4 East, Gila and Salt River Base and
Meridian, Yavapai County, Arizona.
(D) Upon request of the owners of the Younglife
Lost Canyon camp, the parcel described in section
1714(a)(5).
(E) Upon request of the owner of Friendly Pines
Camp, Patterdale Pines Camp, Camp Pearlstein,
Pine Summit, or Sky Y Camp, as applicable, the cor-
responding parcel described in section 1714(a)(6).
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(3)(A) Upon request of the specific city or camp ref-
erenced in paragraph (2), the Secretary shall convey to such
city or camp all right, title, and interest of the United
States in and to the applicable parcel of Federal land or
portion thereof, upon payment of the fair market value of
the parcel and subject to any terms and conditions the Sec-
retary may require.
(B) A conveyance under this paragraph shall not re-
quire new administrative or environmental analyses or ap-
praisals beyond those prepared for the land exchange.
(4) A city or owner of a camp purchasing land under
this subsection shall reimburse Yavapai Ranch for any costs
incurred which are directly associated with surveys and ap-
praisals of the specific property conveyed.
(5) A conveyance of land under this subsection shall
not affect the timing of the land exchange.
(6) Nothing in this subsection limits the authority of
the Secretary or Yavapai Ranch to delete any of the parcels
referenced in this subsection from the land exchange.
(7)(A) The Secretary shall deposit the proceeds of any
sale under paragraph (2) in a special account in the fund
established under Public Law 90–171 (commonly known as
the ‘‘Sisk Act’’) (16 U.S.C. 484a).
(B) Amounts deposited under subparagraph (A) shall
be available to the Secretary, without further appropria-
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tion, to be used for the acquisition of land in the State of
Arizona for addition to the National Forest System, includ-
ing the land to be exchanged under this subtitle.
SEC. 1713. DESCRIPTION OF NON-FEDERAL LAND.
(a) IN GENERAL.—The non-Federal land referred to
in this subtitle consists of approximately 35,000 acres of
privately-owned land within the boundaries of the Prescott
National Forest, as generally depicted on the map entitled
‘‘Yavapai Ranch Land Exchange, Non-Federal Lands’’,
dated April 2002.
(b) EASEMENTS.—(1) The conveyance of non-Federal
land to the United States under section 1712 shall be subject
to the reservation of—
(A) water rights and perpetual easements that
run with and benefit the land retained by Yavapai
Ranch for—
(i) the operation, maintenance, repair, im-
provement, development, and replacement of not
more than 3 wells in existence on the date of en-
actment of this Act;
(ii) related storage tanks, valves, pumps,
and hardware; and
(iii) pipelines to point of use; and
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(B) easements for reasonable access to accomplish
the purposes of the easements described in subpara-
graph (A).
(2) Each easement for an existing well referred to in
paragraph (1) shall be 40 acres in area, and to the max-
imum extent practicable, centered on the existing well.
(3) The United States shall be entitled to one-half the
production of each existing or replacement well, not to ex-
ceed a total of 3,100,000 gallons of water annually for Na-
tional Forest System purposes.
(4) The locations of the easements and wells shall be
as generally depicted on the map entitled ‘‘Yavapai Ranch
Land Exchange, Reserved Easements for Water Lines and
Wells’’, dated April 2002.
SEC. 1714. DESCRIPTION OF FEDERAL LAND.
(a) IN GENERAL.—The Federal land referred to in this
subtitle consists of the following:
(1) Certain land comprising approximately
15,300 acres located in the Prescott National Forest,
as generally depicted on the map entitled ‘‘Yavapai
Ranch Land Exchange, Yavapai Ranch Area Federal
Lands’’, dated April 2002.
(2) Certain land located in the Coconino Na-
tional Forest—
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(A) comprising approximately 1,500 acres
as generally depicted on the map entitled
‘‘Yavapai Ranch Land Exchange, Flagstaff Fed-
eral Lands Airport Parcel’’, dated April, 2002;
and
(B) comprising approximately 28.26 acres
in two separate parcels, as generally depicted on
the map entitled ‘‘Yavapai Ranch Land Ex-
change, Flagstaff Federal Lands Wetzel School
and Mt. Elden Parcels’’, dated September 2002.
(3) Certain land located in the Kaibab National
Forest, and referred to as the Williams Airport, Wil-
liams golf course, Williams Sewer, Buckskinner Park,
Williams Railroad, and Well parcels number 2, 3,
and 4, cumulatively comprising approximately 950
acres, as generally depicted on the map entitled
‘‘Yavapai Ranch Land Exchange, Williams Federal
Lands’’, dated April 2002.
(4) Certain land located in the Prescott National
Forest, comprising approximately 2,200 acres, as gen-
erally depicted on the map entitled ‘‘Yavapai Ranch
Land Exchange, Camp Verde Federal Land General
Crook Parcel’’, dated April 2002.
(5) Certain land located in the Kaibab National
Forest, comprising approximately 237.5 acres, as gen-
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erally depicted on the map entitled ‘‘Yavapai Ranch
Land Exchange, Younglife Lost Canyon’’, dated April
2002.
(6) Certain land located in the Prescott National
Forest, including the ‘‘Friendly Pines’’, ‘‘Patterdale
Pines’’, ‘‘Camp Pearlstein’’, ‘‘Pine Summit’’, and
‘‘Sky Y’’ camps, cumulatively comprising approxi-
mately 200 acres, as generally depicted on the map
entitled ‘‘Yavapai Ranch Land Exchange, Prescott
Federal Lands, Summer Youth Camp Parcels’’, dated
April 2002.
(b) CONDITION OF CONVEYANCE OF CAMP VERDE PAR-
CEL.—(1) To conserve water in the Verde Valley, Arizona,
and to minimize the adverse impacts from future develop-
ment of the Camp Verde General Crook parcel described in
subsection (a)(4) on current and future holders of water
rights in existence of the date of enactment of this subtitle
and the Verde River and National Forest System lands re-
tained by the United States, the United States shall limit
in perpetuity the use of water on the parcel by reserving
conservation easements that—
(A) run with the land;
(B) prohibit golf course development on the par-
cel;
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(C) require that any public park or greenbelt on
the parcel be watered with treated wastewater;
(D) limit total post-exchange water use on the
parcel to not more than 300 acre-feet of water per
year;
(E) provide that any water supplied by munici-
palities or private water companies shall count to-
wards the post-exchange water use limitation de-
scribed in subparagraph (D); and
(F) except for water supplied to the parcel by
municipal water service providers or private water
companies, require that any water used for the parcel
not be withdrawn from wells perforated in the satu-
rated Holocene alluvium of the Verde River.
(2) If Yavapai Ranch conveys the Camp Verde parcel
described in subsection (a)(4), or any portion thereof, the
terms of conveyance shall include a recorded and binding
agreement of the quantity of water available for use on the
land conveyed, as determined by Yavapai Ranch, except
that total water use on the Camp Verde parcel may not
exceed the amount specified in paragraph (1)(D).
(3) The Secretary may enter into a memorandum of
understanding with the State or political subdivision of the
State to enforce the terms of the conservation easement.
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SEC. 1715. STATUS AND MANAGEMENT OF LAND AFTER EX-
CHANGE.
(a) IN GENERAL.—Land acquired by the United
States under this subtitle shall become part of the Prescott
National Forest and shall be administered by the Secretary
in accordance with this subtitle and the laws applicable to
the National Forest System.
(b) GRAZING.—Where grazing on non-Federal land ac-
quired by the Secretary under this subtitle occurs prior to
the date of enactment of this Act, the Secretary may manage
the land to allow for continued grazing use, in accordance
with the laws generally applicable to domestic livestock
grazing on National Forest System land.
(c) TIMBER HARVESTING.—(1) After completion of the
land exchange under this subtitle, except as provided in
paragraph (2), commercial timber harvesting shall be pro-
hibited on the non-Federal land acquired by the United
States.
(2) Timber harvesting may be conducted on the non-
Federal land acquired under this subtitle if the Secretary
determines that such harvesting is necessary—
(A) to prevent or control fires, insects, and dis-
ease through forest thinning or other forest manage-
ment techniques;
(B) to protect or enhance grassland habitat, wa-
tershed values, native plants and wildlife species; or
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(C) to improve forest health.
SEC. 1716. MISCELLANEOUS PROVISIONS.
(a) REVOCATION
OF ORDERS.—Any public orders
withdrawing any of the Federal land from appropriation
or disposal under the public land laws are revoked to the
extent necessary to permit disposal of the Federal land.
(b) WITHDRAWAL
OF FEDERAL LAND.—Subject to
valid existing rights, the Federal land is withdrawn from
all forms of entry and appropriation under the public land
laws; location, entry, and patent under the mining laws;
and operation of the mineral leasing and geothermal leasing
laws, until the date on which the land exchange is com-
pleted.
(c) COMPLETION OF EXCHANGE.—It is the intent of
Congress that the land exchange authorized and directed
under this subtitle be completed not later than 18 months
after the date of enactment of this Act.
SEC. 1717. CONVEYANCE OF ADDITIONAL LAND.
(a) IN GENERAL—The Secretary shall convey to a per-
son that represents the majority of landowners with en-
croachments on the lot by quitclaim deed the parcel of land
described in subsection (b).
(b) DESCRIPTION OF LAND.—The parcel of land re-
ferred to in subsection (a) is lot 8 in section 11, T. 21 N.,
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R. 7 E., Gila and Salt River Base and Meridian, Coconino
County, Arizona.
(c) AMOUNT OF CONSIDERATION.—In exchange for the
land described in subsection (b), the person acquiring the
land shall pay to the Secretary consideration in the amount
of—
(1) $2500; plus
(2) any costs of re-monumenting the boundary of
land.
(d) TIMING.—(1) Not later than 90 days after the date
on which the Secretary receives a power of attorney executed
by the person acquiring the land, the Secretary shall convey
to the person the land described in subsection (b).
(2) If, by the date that is 270 days after the date of
enactment of this Act, the Secretary does not receive the
power of attorney described in paragraph (1)—
(A) the authority provided under this section
shall terminate; and
(B) any conveyance of the land shall be made
under Public Law 97–465 (16 U.S.C. 521c et seq.).
Subtitle B—Verde River Basin
Partnership
SEC. 1721. PURPOSE.
The purpose of this subtitle is to authorize assistance
for a collaborative and science-based water resource plan-
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ning and management partnership for the Verde River
Basin in the State of Arizona, consisting of members that
represent—
(1) Federal, State, and local agencies; and
(2) economic, environmental, and community
water interests in the Verde River Basin.
SEC. 1722. DEFINITIONS.
In this subtitle:
(1) DIRECTOR.—The term ‘‘Director’’ means the
Director of the Arizona Department of Water Re-
sources.
(2) PARTNERSHIP.—The term ‘‘Partnership’’
means the Verde River Basin Partnership.
(3) PLAN.—The term ‘‘plan’’ means the plan for
the Verde River Basin required by section 1724(a)(1).
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture.
(5) STATE.—The term ‘‘State’’ means the State
of Arizona.
(6) VERDE
RIVER
BASIN.—The term ‘‘Verde
River Basin’’ means the land area designated by the
Arizona Department of Water Resources as encom-
passing surface water and groundwater resources, in-
cluding drainage and recharge areas with a hydro-
logic connection to the Verde River.
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(7) WATER BUDGET.—The term ‘‘water budget’’
means the accounting of—
(A) the quantities of water leaving the
Verde River Basin—
(i) as discharge to the Verde River and
tributaries;
(ii) as subsurface outflow;
(iii) as evapotranspiration by riparian
vegetation;
(iv) as surface evaporation;
(v) for agricultural use; and
(vi) for human consumption; and
(B) the quantities of water replenishing the
Verde River Basin by precipitation, infiltration,
and subsurface inflows.
SEC. 1723. VERDE RIVER BASIN PARTNERSHIP.
(a) IN GENERAL.—The Secretary may participate in
the establishment of a partnership, to be known as the
‘‘Verde River Basin Partnership’’, made up of Federal,
State, local governments, and other entities with respon-
sibilities and expertise in water to coordinate and cooperate
in the identification and implementation of comprehensive
science-based policies, projects, and management activities
relating to the Verde River Basin.
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(b) AUTHORIZATION OF APPROPRIATIONS.—On estab-
lishment of the Partnership, there are authorized to be ap-
propriated to the Secretary and the Secretary of the Interior
such sums as are necessary to carry out the activities of
the Partnership for each of fiscal years 2005 through 2009.
SEC. 1724. VERDE RIVER BASIN STUDIES.
(a) STUDIES.—
(1) IN GENERAL.—The Partnership shall prepare
a plan for conducting water resource studies in the
Verde River Basin that identifies—
(A) the primary study objectives to fulfill
water resource planning and management needs
for the Verde River Basin; and
(B) the water resource studies, hydrologic
models, surface and groundwater monitoring net-
works, and other analytical tools helpful in the
identification of long-term water supply manage-
ment options within the Verde River Basin.
(2) REQUIREMENTS.—At a minimum, the plan
shall—
(A) include a list of specific studies and
analyses that are needed to support Partnership
planning and management decisions;
(B) identify any ongoing or completed
water resource or riparian studies that are rel-