H.R. 2907House108th Congress (2003-2005)Passed House
Northern Arizona National Forest Land Exchange Act of 2003
Sponsored by 
Rep. Rick Renzi (R-AZ)
Rep. Rick Renzi (R-AZ)Introduced July 25, 2003
Legislative Activity
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SenateIntro Referral
Latest Action
Read twice and referred to the Committee on Energy and Natural Resources.
December 9, 2003
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HouseIntro Referral
Introduced in House
July 25, 2003
HouseIntro Referral
Sponsor introductory remarks on measure. (CR E1634-1635)
July 25, 2003
HouseIntro Referral
Referred to the House Committee on Resources.
July 25, 2003
HouseCommittee
Referred to the Subcommittee on Forests and Forest Health.
July 27, 2003
HouseCommittee
Subcommittee Hearings Held.
October 21, 2003
HouseCommittee
Subcommittee on Forests and Forest Health Discharged.
October 29, 2003
HouseCommittee
Committee Consideration and Mark-up Session Held.
October 29, 2003
HouseCommittee
Ordered to be Reported (Amended) by Voice Vote.
October 29, 2003
HouseCommittee
Reported (Amended) by the Committee on Resources. H. Rept. 108-379.
November 18, 2003
HouseCalendars
Placed on the Union Calendar, Calendar No. 222.
November 18, 2003
HouseFloor
Mr. Souder moved to suspend the rules and pass the bill, as amended.
November 18, 2003 • 7:23 PM
HouseFloor
Considered under suspension of the rules. (consideration: CR 11/19/2003 H11460-11466)
November 18, 2003 • 7:23 PM
HouseFloor
DEBATE - The House proceeded with forty minutes of debate on H.R. 2907.
November 18, 2003 • 7:23 PM
HouseFloor
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR 11/19/2003 H11460-11464)
November 18, 2003 • 7:39 PM
HouseFloor
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR 11/19/2003 H11460-11464)
November 18, 2003 • 7:39 PM
HouseFloor
Motion to reconsider laid on the table Agreed to without objection.
November 18, 2003 • 7:39 PM
SenateIntro Referral
Received in the Senate.
November 19, 2003
SenateIntro Referral
Read twice and referred to the Committee on Energy and Natural Resources.
December 9, 2003
Floor Debate
5 membersWhat members said about H.R. 2907 on the floor
Floor Debate
5 membersWhat members said about H.R. 2907 on the floor
4 Republicans1 Democrat
Rep. Richard W. PomboR-CA-11 · Nov 18, 2003
Under clause 8 of rule XII, executive communications were taken from the Speaker's table and referred as follows: 5421. A letter from the Secretary, Department of Agriculture, transmitting the…
Rep. Richard W. PomboR-CA-11 · Nov 18, 2003
Under clause 8 of rule XII, executive communications were taken from the Speaker's table and referred as follows: 5421. A letter from the Secretary, Department of Agriculture, transmitting the…
Rep. J. D. HayworthR-AZ-5 · Nov 18, 2003
Mr. Speaker, I thank the gentleman for yielding me this time. I would be remiss if I did not take time to commend my colleague from the First Congressional District of Arizona (Mr. Renzi) for his…
Rep. Rick RenziR-AZ-1 · Nov 18, 2003
Mr. Speaker, I thank the gentleman for yielding me this time and also my colleague from American Samoa for his kind remarks. Mr. Speaker, I rise in support of H.R. 2907, the Northern Arizona National…
Rep. Mark E. SouderR-IN-3 · Nov 18, 2003
Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2907) to provide for a land exchange in the State of Arizona between the Secretary of Agriculture and Yavapai Ranch Limited…
Show 1 more
Rep. Eni F. H. FaleomavaegaD-AS · Nov 18, 2003
Mr. Speaker, I yield myself such time as I may consume. (Mr. FALEOMAVAEGA asked and was given permission to revise and extend his remarks.) Mr. Speaker, again on a bipartisan basis, I want to commend…
Bill Text
4 versions available
Referred in SenateIssued December 9, 2003
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2907 Referred in Senate (RFS)]
1st Session
H. R. 2907
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 19, 2003
Received
December 9, 2003
Read twice and referred to the Committee on Energy and Natural
Resources
_______________________________________________________________________
AN ACT
To provide for a land exchange in the State of Arizona between the
Secretary of Agriculture and Yavapai Ranch Limited Partnership.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northern Arizona National Forest
Land Exchange Act of 2003''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) certain parcels of private land in the approximately
170 square miles of land commonly known as the ``Yavapai
Ranch'' and located in Yavapai County, Arizona, are
intermingled with National Forest System land owned by the
United States and administered by the Secretary of Agriculture
as part of Prescott National Forest;
(2) the private land is owned by the Yavapai Ranch Limited
Partnership and the Northern Yavapai, L.L.C., in an
intermingled checkerboard pattern, with the United States or
Yavapai Ranch Limited Partnership and the Northern Yavapai,
L.L.C., owning alternate square mile sections of land or
fractions of square mile sections;
(3) a significant portion of the private land within the
checkerboard area (including the land located in or near the
Pine Creek watershed, Juniper Mesa Wilderness Area, Haystack
Peak, and the Luis Maria Baca Float No. 5) is located in
environmentally valuable areas that possess attributes for
public management, use, and enjoyment, including--
(A) outdoor recreation;
(B) preservation of stands of old growth forest;
(C) largely unfragmented habitat for antelope,
deer, elk, mountain lion, wild turkey, and other
wildlife species;
(D) scientific research;
(E) rangeland;
(F) cultural and archaeological resources; and
(G) scenic vistas;
(4) the checkerboard ownership pattern of private and
public land within Prescott National Forest impedes sound and
efficient management of the intermingled National Forest System
land;
(5) if the private land in the checkerboard area is
subdivided or developed, the intermingled National Forest
System land will become highly fragmented and lose much of the
value of the land for wildlife habitat and future public
access, use, and enjoyment;
(6) acquisition by the United States of certain parcels of
land that have been offered by Yavapai Ranch Limited
Partnership and the Northern Yavapai, L.L.C., for addition to
Prescott National Forest will serve important public
objectives, including--
(A) acquiring private land that meets the criteria
for inclusion in the National Forest System in exchange
for land with lower public, environmental, and
ecological values;
(B) consolidating a large area of National Forest
System land to preserve--
(i) permanent public access, use, and
enjoyment of the land; and
(ii) efficient management of the land;
(C) minimizing cash outlays by the United States to
achieve the objectives described in subparagraphs (A)
and (B); and
(D) reducing administrative costs to the United
States through--
(i) consolidation of Federal land holdings
for more efficient land management and
planning;
(ii) elimination of approximately 350 miles
of boundary between private land and the
Federal parcels; and
(iii) reduction of right-of-way, special
use, and other permit processing and issuance
for roads and other facilities on National
Forest System land;
(7) parcels of National Forest System land have been
identified for conveyance to Yavapai Ranch Limited Partnership
or the Northern Yavapai, L.L.C., through a land exchange
because the parcels--
(A) have significantly lower recreational,
wildlife, ecological, and other public purpose values
than the land to be acquired by the United States; and
(B) are encumbered by special use permits and
rights-of-way for a variety of purposes (including
summer youth camps, municipal water treatment
facilities, sewage treatment facilities, city parks,
and airport-related facilities) that--
(i) limit the usefulness of the parcels for
general National Forest System purposes; but
(ii) are logical for pass-through
conveyances from Yavapai Ranch Limited
Partnership and the Northern Yavapai, L.L.C.,
to the permit or right-of-way holders; and
(8) it is in the public interest of all water users in the
Verde Valley, Arizona, that water conservation easements be
established that limit future water use on the Federal land
that--
(A) is located near the communities of Camp Verde,
Cottonwood, and Clarkdale; and
(B) is to be conveyed by the United States to
Yavapai Ranch Limited Partnership or the Northern
Yavapai, L.L.C.
(b) Purpose.--The purpose of this Act is to authorize, direct, and
facilitate the exchange of Federal land and non-Federal land between
the United States, Yavapai Ranch Limited Partnership, and the Northern
Yavapai, L.L.C.
SEC. 3. DEFINITIONS.
In this Act:
(1) Camp.--The term ``camp'' means Camp Pearlstein,
Friendly Pines, Patterdale Pines, Pine Summit, Sky Y, and
YoungLife Lost Canyon camps in the State of Arizona.
(2) Federal land.--The term ``Federal land'' means the land
described in section 4(a)(2).
(3) Management plan.--The term ``Management Plan'' means
the land and resource management plan for Prescott National
Forest.
(4) Non-federal land.--The term ``non-Federal land'' means
the approximately 35,000 acres of non-Federal land located
within the boundaries of Prescott National Forest, as generally
depicted on the map entitled ``Yavapai Ranch Land Exchange Non-
Federal Lands'', dated April 2002.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(6) Yavapai ranch.--The term ``Yavapai Ranch'' means--
(A) the Yavapai Ranch Limited Partnership, an
Arizona Limited Partnership; and
(B) the Northern Yavapai, L.L.C., an Arizona
Limited Liability Company.
SEC. 4. LAND EXCHANGE.
(a) Conveyance of Federal Land by the United States.--
(1) In general.--On receipt of an offer from Yavapai Ranch
to convey the non-Federal land, the Secretary shall convey to
Yavapai Ranch by patent or quitclaim deed, subject to
easements, rights-of-way, utility lines, and any other valid
encumbrances on the Federal land in existence on the date of
enactment of this Act and any other reservations that may be
agreed to by the Secretary and Yavapai Ranch, all right, title,
and interest of the United States in and to the Federal land
described in paragraph (2).
(2) Description of federal land.--The Federal land referred
to in paragraph (1) shall consist of the following:
(A) Certain land comprising approximately 15,300
acres located in Yavapai County, Arizona, as generally
depicted on the map entitled ``Yavapai Ranch Land
Exchange Yavapai Ranch Area Federal Lands'', dated
April 2002.
(B) Certain land in the Coconino National Forest,
Coconino County Arizona--
(i) comprising approximately 1,500 acres
located in Coconino National Forest, Coconino
County, Arizona, as generally depicted on the
map entitled ``Yavapai Ranch Land Exchange
Flagstaff Federal Lands-Airport Parcel'', dated
April 2002; and
(ii) comprising approximately 28.26 acres
in 2 separate parcels, as generally depicted on
the map entitled ``Yavapai Ranch Land Exchange
Flagstaff Federal Lands--Wetzel School and Mt.
Elden Parcels'', dated September 2002.
(C) Certain land referred to as Williams Airport,
Williams golf course, Williams Sewer, Buckskinner Park,
Williams Railroad, and Well parcels numbers 2, 3, and
4, comprising approximately 950 acres, located in
Kaibab National Forest, Coconino County, Arizona, as
generally depicted on the map entitled ``Yavapai Ranch
Land Exchange Williams Federal Lands'', dated April
2002.
(D) Certain land comprising approximately 2,200
acres located in Prescott National Forest, Yavapai
County, Arizona, as generally depicted on the map
entitled ``Yavapai Ranch Land Exchange Camp Verde
Federal Land--General Crook Parcel'', dated April 2002.
(E) Certain land comprising approximately 820 acres
located in Prescott National Forest in Yavapai County,
Arizona, as generally depicted on the map entitled
``Yavapai Ranch Land Exchange Camp Verde Federal
Lands--Cottonwood/Clarkdale Parcel'', dated April 2002.
(F) Certain land comprising approximately 237.5
acres located in Kaibab National Forest, Coconino
County, Arizona, as generally depicted on the map
entitled ``Yavapai Ranch Land Exchange Younglife/Lost
Canyon'', dated April 2002.
(G) Certain land comprising approximately 200 acres
located in Prescott National Forest, Yavapai County,
Arizona, and including Friendly Pines, Patterdale
Pines, Camp Pearlstein, Pine Summit, and Sky Y, as
generally depicted on the map entitled ``Yavapai Ranch
Land Exchange Prescott Federal Lands--Summer Youth Camp
Parcels'', dated April 2002.
(H) Perpetual and nonexclusive easements that--
(i) run with and benefit land owned by or
conveyed to Yavapai Ranch across certain land
of the United States;
(ii) are for the purposes of--
(I) operating, maintaining,
repairing, improving, and replacing
electric power lines or water pipelines
(including related storage tanks,
valves, pumps, and hardware); and
(II) providing rights of reasonable
ingress and egress necessary for the
activities described in subclause (I);
(iii) are 20 feet in width; and
(iv) are located 10 feet on either side of
each line depicted on the map entitled
``Yavapai Ranch Land Exchange YRLP Acquired
Easements for Water Lines'', dated April 2002.
(3) Conditions.--
(A) Permits.--Permits or other legal occupancies of
the Federal land by third parties in existence on the
date of transfer of the Federal land to Yavapai Ranch
shall be addressed in accordance with--
(i) part 254.15 of title 36, Code of
Federal Regulations (or any successor
regulation); and
(ii) other applicable laws (including
regulations).
(B) Establishment of conservation easements on
certain parcels.--
(i) In general.--To conserve water in the
Verde Valley, Arizona, and to minimize the
adverse impacts from future development of the
parcels described in subparagraphs (D) and (E)
of paragraph (2) on current and future users of
water and holders of water rights in existence
on the date of enactment of this Act and the
Verde River and National Forest System land
retained by the United States, the United
States shall limit in perpetuity the use of
water on the parcels by reserving conservation
easements that--
(I) prohibit golf course
development on the parcels;
(II) require that public parks and
greenbelts on the parcels be watered
with treated effluent;
(III)(aa) with respect to the
parcel described in paragraph (2)(D),
limit total post-exchange water use to
not more than 700 acre-feet of water
per year; and
(bb) with respect to the parcel
described in paragraph (2)(E), limit
total post-exchange water use to not
more than 150 acre-feet of water per
year; and
(IV) require that any water used
for the parcels not be withdrawn from
wells perforated in the Holocene
alluvium of the Verde River unless
supplied by municipalities or private
water companies; however any water
supplied by municipalities or private
water companies shall count toward the
water use limitations set out in the
preceding subclauses (III)(aa) and
(III)(bb).
(ii) Recordation.--The conservation
easements described in clause (i) shall be
recorded to encumber the title to parcels
described in subparagraphs (D) and (E) of
paragraph (2) that are conveyed by the
Secretary to Yavapai Ranch.
(iii) Subsequent conveyance.--
(I) In general.--On acquisition of
title to the parcels described in
subparagraphs (D) and (E) of paragraph
(2), Yavapai Ranch may convey all or a
portion of the parcels to 1 or more
successors-in-interest.
(II) Water use apportionment.--A
conveyance under subclause (I) shall,
in accordance with the terms described
in clause (i), include a recorded and
binding agreement on the amount of
water available for use on the parcel
or portion of the parcel conveyed, as
determined by the Yavapai Ranch.
(iv) Enforcement.--The Secretary shall
enter into one or more assignments with a
political subdivision of the State of Arizona
authorizing the political subdivision to
enforce the terms described in clause (i) in
any manner provided by law. Until such time as
the Secretary executes the assignments, the
Secretary shall hold and enforce the
conservation easements.
(v) Liability.--
(I) In general.--Any action for a
breach of the terms of the conservation
easements described in clause (i) shall
be against the owner or owners of the
parcel or portion of the parcel, at the
time of the breach, whose action or
failure to act has resulted in the
breach.
(II) Hold harmless.--To the extent
that the United States or a successor-
in-interest to the United States no
longer holds title to the parcels or
any portion of the parcels described in
subparagraph (D) or (E) of paragraph
(2), the United States or such
successor-in-interest shall be held
harmless from damages or injuries
attributable to any breach of the terms
of the conservation easements described
in clause (i) by a subsequent
successor-in-interest.
(b) Conveyance of Non-Federal Land by Yavapai Ranch.--
(1) In general.--On receipt of title to the Federal land,
Yavapai Ranch shall simultaneously convey to the United States,
by deed acceptable to Secretary and subject to any encumbrances
acceptable to the Secretary, all right, title, and interest of
Yavapai Ranch in and to the non-Federal land.
(2) Easements.--
(A) In general.--The conveyance of non-Federal land
to the United States under paragraph (1) shall be
subject to the reservation of--
(i) perpetual easements and water rights
that run with and benefit the land retained by
Yavapai Ranch for--
(I) the operation, maintenance,
repair, improvement, development, and
replacement of not more than 3 wells in
existence on the date of enactment of
this Act;
(II) related storage tanks, valves,
pumps, and hardware; and
(III) pipelines to points of use;
and
(ii) easements for reasonable ingress and
egress to accomplish the purposes of the
easements described in clause (i).
(B) Existing wells.--
(i) In general.--Each easement for an
existing well shall be--
(I) 40 acres in area; and
(II) to the maximum extent
practicable--
(aa) centered on the
existing well; and
(bb) located in the same
square mile section of land.
(ii) Limitation.--Within a 40-acre easement
described in clause (i), the United States and
any permitees or licensees of the United States
shall be prohibited from undertaking any
activity that materially interferes with the
use of the wells by Yavapai Ranch, without the
written consent of Yavapai Ranch.
(iii) Reservation of water for the united
states.--The United States shall be entitled to
\1/2\ the production of each existing or
replacement well, not to exceed a total of
3,100,000 gallons of water annually, for
watering wildlife and stock and for other
National Forest System purposes from the 3
wells.
(C) Reasonable access.--Each easement for ingress
and egress shall be at least 20 feet in width.
(D) Location.--The locations of the easements and
wells shall be the locations generally depicted on a
map entitled ``Yavapai Ranch Land Exchange YRLP
Reserved Easements for Waterlines and Wells'', dated
April 2002.
(c) Land Transfer Problems.--
(1) Federal land.--If a parcel of Federal land (or a
portion of the parcel) cannot be conveyed to Yavapai Ranch
because of the presence of hazardous materials or if the
proposed title to a parcel of Federal land (or a portion of the
parcel) is unacceptable to Yavapai Ranch because of the
presence of threatened or endangered species, cultural or
historic resources, unpatented mining claims, or other third
party rights under public land laws--
(A) the parcel of Federal land or portion of the
parcel shall be excluded from the exchange; and
(B) the non-Federal land shall be adjusted in
accordance with section 5(c).
(2) Non-federal land.--If 1 or more of the parcels of non-
Federal land or a portion of such a parcel cannot be conveyed
to the United States because of the presence of hazardous
materials or if the proposed title to a parcel or a portion of
the parcel is unacceptable to the Secretary--
(A) the parcel of non-Federal land or portion of
the parcel shall be excluded from the exchange; and
(B) the Federal land shall be adjusted in
accordance with section 5(c).
(d) Conveyance of Federal Land to Cities and Camps.--
(1) In general.--Following the acquisition of the Federal
land, Yavapai Ranch shall convey to the cities of Flagstaff,
Williams, and Camp Verde and the camps the parcels of Federal
land or portions of parcels located in or near the cities or
camps under any terms agreed to by Yavapai Ranch, the cities,
and camps before the date on which the exchange is completed.
(2) Deletion from exchange.--If Yavapai Ranch and the
cities or camps referred to in paragraph (1) have not agreed to
the terms and conditions of a subsequent conveyance of a parcel
or portion of a parcel of Federal land before the completion of
the exchange, the Secretary, on notification by Yavapai Ranch,
the cities, or camps, shall delete the parcel or any portion of
the parcel from the exchange. Any parcel or portion of a parcel
to be deleted may be configured by the Secretary to leave the
United States with manageable post-exchange land and
boundaries.
(3) Easements.--In accordance with section 120(h) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)), the United States
shall reserve easements in any land transferred to Yavapai
Ranch.
SEC. 5. EXCHANGE VALUATION, APPRAISALS, AND EQUALIZATION.
(a) Equal Value Exchange.--The values of the non-Federal and
Federal land to be exchanged under this Act--
(1) shall be equal, as determined by the Secretary; or
(2) if the values are not equal, shall be equalized in
accordance with subsection (c).
(b) Appraisals.--
(1) In general.--The values of the Federal land and non-
Federal land shall be determined by appraisals using the
appraisal standards in--
(A) the Uniform Appraisal Standards for Federal
Land Acquisitions, fifth edition (December 20, 2000);
and
(B) the Uniform Standards of Professional Appraisal
Practice.
(2) Approval.--In accordance with part 254.9(a)(1) of title
36, Code of Federal Regulations (or any successor regulation),
the appraiser shall be--
(A) acceptable to the Secretary and Yavapai Ranch;
and
(B) a contractor, the clients of which shall be the
Secretary and Yavapai Ranch.
(3) Requirements.--During the appraisal process the
appraiser shall--
(A) 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 terminated before the
appraisal; and
(ii) facilities on Federal land that cannot
be reasonably removed before the appraisal; and
(B) determine the value of each parcel of Federal
land and non-Federal land (including the value of each
individual section of the intermingled Federal and non-
Federal land of the Yavapai Ranch) as an assembled
transaction consistent with the applicable 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 Federal
Regulations (or any successor regulation).
(5) Appraisal period.--After the final appraised values of
the Federal land and non-Federal land have been reviewed and
approved by the Secretary or otherwise determined in accordance
with the requirements of paragraph (4), the final appraised
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.--In accordance with the policy of the
Forest Service, and to ensure the timely and full disclosure of
the appraisals to the public, the appraisals approved by the
Secretary shall be made available for public inspection in the
Offices of the Supervisors for Prescott, Coconino, and Kaibab
National Forests.
(c) Equalization of Values.--
(1) Surplus of non-federal land.--
(A) In general.--If, after any adjustments are made
to the non-Federal land or Federal land under
subsection (c) or (d) of section 4, 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
approximately equal.
(B) Adjustments.--An adjustment referred to in
subparagraph (A) shall be accomplished by beginning at
the east boundary of section 30, T. 20 N., R. 6 W.,
Gila and Salt River Base and Meridian, Yavapai County,
Arizona, and adding to the Federal land in \1/8\
section increments (N-S 64th line) and lot lines across
the section, while deleting in the same increments
portions of sections 19 and 31, T. 20 N., R. 6 W., Gila
and Salt River Base and Meridian, 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 adjustments are made
to the non-Federal land or Federal land under
subsection (c) or (d) of section 4, the final appraised
value of the Federal land exceeds the final appraised
value of the non-Federal land, the Federal land and
non-Federal land shall be adjusted in accordance with
subparagraph (B) until the values are approximately
equal.
(B) Adjustments.--Adjustments under subparagraph
(A) shall be made in the following 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 conveyed to the United States in \1/
8\ section increments (E-W 64th line) while
deleting from the conveyance to Yavapai Ranch
Federal land in the same incremental portions
of section 32, 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 continuous boundary that runs east
to west across the sections.
(ii) By deleting the following parcels:
(I) The Wetzel School parcel
identified on the map described in
section 4(a)(2)(B)(ii).
(II) The Williams Sewer parcel
identified on the map described in
section 4(a)(2)(C).
(III) That part of the Williams
Railroad parcel identified on the map
described in section 4(a)(2)(C) that
lies south of Business I-40.
(IV) A portion of the Cottonwood/
Clarkdale Federal Lands identified on
the map described in Section 4(a)(2)(E)
and further described as the S\1/2\S\1/
2\ of Section 8, Township 15 North,
Range 3 East, Gila and Salt River Base
and Meridian, Yavapai County, Arizona.
(V) The Buckskinner Park parcel
identified on the map described in
section 4(a)(2)(C).
(VI) Approximately 316 acres of the
Camp Verde Federal Land-General Crook
Parcel identified on the map described
in Section 4(a)(2)(D) and further
described as Lots 1, 5, and 6 and the
NE\1/4\NE\1/4\ of Section 26, and the
N\1/2\N\1/2\ of Section 27, Township 14
North, Range 4 East, Gila and Salt
River Base and Meridian, Yavapai
County, Arizona.
(VII) A portion of the Cottonwood/
Clarkdale Federal Lands identified on
the map described in section 4(a)(2)(E)
and further described as the N\1/2\S\1/
2\ of Section 8, Township 15 North,
Range 3 East, Gila and Salt River Base
and Meridian, Yavapai County, Arizona.
(VIII) Approximately 314 acres of
the Camp Verde Federal Land-General
Crook Parcel identified on the map
described in section 4(a)(2)(D) and
further described as Lots 2, 7, 8 and 9
and the SE\1/4\NE\1/4\ of Section 26,
and the S\1/2\N\1/2\ of Section 27,
Township 14 North, Range 4 East, Gila
and Salt River Base and Meridian,
Yavapai County, Arizona.
(IX) The Mt. Elden parcel
identified on the map described in
section 4(a)(2)(B)(ii).
(C) Modifications.--By mutual agreement by the
Secretary and the Yavapai Ranch, the land and acreage
in subclauses (I) through (IX) may be modified to
conform with a survey approved by the Bureau of Land
Management or to leave the United States with
manageable post-exchange land and boundaries.
(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 Secretary and Yavapai Ranch may by 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 maximum extent practicable
under subsection (c), any balance due the Secretary or Yavapai
Ranch shall be paid--
(A) through cash equalization payments under
section 206(b) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(b)); or
(B) in accordance with standards established by the
Secretary and Yavapai Ranch.
(2) Limitation.--
(A) Adjustments.--If the value of the Federal land
exceeds the value of the non-Federal land by more than
$50,000, the Secretary and Yavapai Ranch shall, by
agreement, delete additional Federal land from the
exchange until the values of the Federal land and non-
Federal land are equal.
(B) Deposit.--Any amounts received by the United
States under this Act--
(i) shall be deposited in a fund
established under Public Law 90-171 (16 U.S.C.
484a) (commonly known as the ``Sisk Act''); and
(ii) shall be available, without further
appropriation, for the acquisition of land or
interests in land for National Forest System
purposes in the State of Arizona.
SEC. 6. MISCELLANEOUS PROVISIONS.
(a) Revocation of Orders.--Any public orders withdrawing any of the
Federal land from appropriation or disposal under the public land laws
are revoked to the extent necessary to permit disposal of the Federal
land.
(b) Withdrawal of Federal Land.--The Federal land is withdrawn from
all forms of entry and appropriation 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 completed.
(c) Surveys, Inventories, and Clearances.--Before completing the
exchange of Federal land and non-Federal land under this Act, the
Secretary shall carry out land surveys and preexchange inventories,
clearances, reviews, and approvals relating to hazardous materials,
threatened and endangered species, cultural and historic resources, and
wetlands and floodplains.
(d) Costs of Implementing the Exchange.--
(1) In general.--
(A) The United States shall bear the costs or other
responsibilities or requirements associated with land
surveys, title searches, archeological and cultural
surveys and salvage, removal of encumbrances and curing
title deficiencies necessary to bring the Federal land
into a condition where it is acceptable for exchange
purposes.
(B) Yavapai Ranch shall bear the costs or other
responsibilities or requirements associated with land
surveys, title searches, archeological and cultural
surveys and salvage, removal of encumbrances and curing
title deficiencies necessary to bring the non-Federal
land into a condition where it is acceptable for
exchange purposes.
(2) Ineligible reimbursements.--No amount paid by Yavapai
Ranch under this subsection shall be eligible for reimbursement
under section 206(f) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1716(f)).
(e) Timing.--It is the intent of Congress that the exchange of
Federal land and non-Federal land directed by this Act be completed not
later than 18 months after the date of enactment of this Act.
(f) Contractors.--
(1) In general.--If the Secretary lacks adequate staff or
resources to complete the exchange by the date specified in
subsection (e), the Yavapai Ranch may contract with independent
third-party contractors to carry out any work necessary to
complete the exchange by that date, subject to the mutual
agreement of the Secretary and the Yavapai Ranch on the
contractor or contractors, scope of work, estimated cost of
work, and approval of any such work by the Secretary.
(2) Reimbursement.--In the event that Yavapai Ranch
contracts with independent third party contractors to carry out
or complete any responsibilities or requirements that would be
performed by the Secretary but for the lack of adequate staff
or resources, then the Secretary shall reimburse Yavapai Ranch
for Yavapai Ranch's costs or expenses for such contractors in
accordance with section 206(f) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(f)).
SEC. 7. STATUS AND MANAGEMENT OF LAND AFTER EXCHANGE.
(a) In General.--Non-Federal land acquired by the United States
under this Act--
(1) shall become part of the Prescott National Forest; and
(2) shall be administered by the Secretary in accordance
with--
(A) this Act;
(B) the laws (including regulations) applicable to
the National Forest System; and
(C) other authorized uses of the National Forest
System.
(b) Management Plan.--
(1) In general.--Acquisition of the non-Federal land under
this Act shall not require a revision or amendment to the
Management Plan.
(2) Amendment or revision.--If the Management Plan is
amended or revised after the date of acquisition of non-Federal
land under this Act, the Management Plan shall be amended to
reflect the acquisition of the non-Federal land.
(c) Post-Exchange Management of Certain Land.--
(1) In general.--On acquisition by the United States, the
non-Federal land acquired by the United States and any National
Forest System land outside the Juniper Mesa Wilderness Area but
formerly intermingled with the acquired non-Federal land shall
be managed in accordance with--
(A) paragraphs (2) through (6); and
(B) the laws (including regulations) generally
applicable to National Forest System land.
(2) Protection of natural resources.--The non-Federal land
shall be managed in a manner that maintains 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 accordance
with the laws (including regulations) generally
applicable to domestic livestock grazing on National
Forest System land.
(4) Roads.--
(A) Improvement and maintenance.--The Secretary
shall maintain or improve a system of roads and trails
on the non-Federal land to provide opportunities for
hunting, motorized and nonmotorized 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 shall--
(I) until the date on which the new
public access road is completed, remain
open; and
(II) after the date on which the
new public access road is completed, be
obliterated.
(C) Easements.--
(i) In general.--On completion of the land
exchange under this Act, the Secretary and
Yavapai Ranch shall grant each other at no
charge reciprocal easements for ingress,
egress, and utilities across, over, and
through--
(I)(aa) the routes depicted on the
map entitled ``Yavapai Ranch Land
Exchange Road and Trail Easements--
Yavapai Ranch Area'' dated April 2002;
and
(bb) any other inholdings retained
by the United States or Yavapai Ranch;
or
(II) any relocated routes that are
agreed to by the Secretary and Yavapai
Ranch.
(ii) Requirements.--An easement described
in clause (i)--
(I) shall be unlimited, perpetual,
and nonexclusive in nature; and
(II) shall run with and benefit the
land of the grantee.
(iii) Rights of grantee.--The rights of the
grantee shall extend to--
(I) any successors-in-interest,
assigns, and transferees of Yavapai
Ranch; and
(II) in the case of the Secretary,
members of the general public, as
determined to be appropriate by the
Secretary.
(5) Timber harvesting.--
(A) In general.--Except as provided in subparagraph
(B), timber harvesting for commodity production shall
be prohibited on the non-Federal land.
(B) Exceptions.--Timber harvesting may be conducted
on the non-Federal land if the Secretary determines
that timber harvesting is necessary--
(i) to prevent or control fires, insects,
and disease through forest thinning or other
forest management techniques;
(ii) to protect or enhance grassland
habitat, watershed values, native plants,
trees, and wildlife species; or
(iii) to improve forest health.
(6) Water improvements.--Nothing in this Act prohibits the
Secretary from authorizing or constructing new water
improvements in accordance with the laws (including
regulations) applicable to water improvements on National
Forest System land for--
(A) the benefit of domestic livestock or wildlife
management;
(B) the improvement of forest health or forest
restoration; or
(C) other National Forest purposes.
(d) Maps.--
(1) In general.--The Secretary and Yavapai Ranch 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 discrepancy between a
map and legal description, the map shall prevail unless the
Secretary and Yavapai Ranch agree otherwise.
(3) Availability.--All maps referred to in this Act shall
be on file and available for inspection in the Office of the
Supervisor, Prescott National Forest, Prescott, Arizona.
(e) Effect.--Nothing in this Act precludes, prohibits, or otherwise
restricts Yavapai Ranch from subsequently granting, conveying, or
otherwise transferring title to the Federal land after its acquisition
of the Federal land.
SEC. 8. CONVEYANCE OF ADDITIONAL LAND.
(a) In General.--The Secretary shall convey to an individual or
entity that represents the majority of landowners with encroachments on
the lot by quitclaim deed the parcel of land described in subsection
(b).
(b) Description of Land.--The parcel of land referred to in
subsection (a) is lot 8 in section 11, T. 21 N., R. 7 E., Gila and Salt
River Base and Meridian, Coconino County, Arizona.
(c) Amount of Consideration.--In exchange for the land described in
subsection (b), the individual or entity 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) In general.--Not later than 90 days after the date on
which the Secretary receives a power of attorney executed by
the individual or entity acquiring the land, the Secretary
shall convey to the individual or entity the land described in
subsection (b).
(2) Limitation.--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 subsection
shall terminate; and
(B) any conveyance of the land shall be made under
Public Law 97-465 (16 U.S.C. 521c et seq.).
SEC. 9. COMPENSATION FOR PERSONS HOLDING GRAZING PERMITS.
Persons holding grazing permits for land transferred into private
ownership under this Act shall be compensated in accordance with
section 402(g) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1752(g)).
SEC. 10. CONVEYANCE OF LEASED LAND.
(a) In General.--The Secretary shall convey to an individual or
entity that represents the majority of landowners with a lease on the
lot by quitclaim deed the parcel of land described in subsection (b).
(b) Description of Land.--The parcel of land referred to in
subsection (a) is approximately 4.87 acres located in section 27, T. 22
N., R. 2 E., Gila and Salt River Base and Meridian, Coconino County,
Arizona.
(c) Maps.--
(1) In general.--The Secretary may make minor modifications
to the descriptions or reconfigure the descriptions of the
properties referenced in subsection (b) in order to facilitate
a conveyance, to address management, or boundary considerations
or correct errors. If any land adjacent to the 4.87 acre parcel
described in subsection (b) is conveyed to the Yavapai Ranch,
any such minor modifications shall be by mutual agreement
between the Secretary and the Yavapai Ranch.
(2) Discrepancy.--In the event of any discrepancy between a
map and legal description, the map shall prevail.
(3) Availability.--All maps referred to in this Act shall
be on file and available for inspection in the Office of the
Supervisor, Kaibab National Forest, Williams, Arizona.
(d) Amount of Consideration.--In exchange for the land described in
subsection (b), the individual or entity acquiring the land shall pay
to the Secretary consideration in the amount of--
(1) market value; plus
(2) any costs of re-monumenting the boundary of land.
(e) Appraisal.--
(1) In general.--The values of the Federal land shall be
determined by appraisal using the appraisal standards in--
(A) the Uniform Appraisal Standards for Federal
Land Acquisitions, fifth edition (December 20, 2000);
and
(B) the Uniform Standards of Professional Appraisal
Practice.
(2) Approval.--In accordance with part 254.9(a)(1) of title
36, Code of Federal Regulations (or any successor regulation),
the appraiser shall be--
(A) acceptable to the Secretary
(B) a third party contractor.
(f) Timing.--
(1) In general.--Not later than 180 days after the date on
which the Secretary receives a power of attorney executed by
the individual or entity acquiring the land, the Secretary
shall convey to the individual or entity the land described in
subsection (b).
(2) Limitation.--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 subsection
shall terminate; and
(B) any conveyance of the land shall be made under
Public Law 97-465 (16 U.S.C. 521c et seq.).
Passed the House of Representatives November 18, 2003.
Attest:
JEFF TRANDAHL,
Clerk.