[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5283 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5283

To direct the Secretary of Agriculture to exchange certain land in the 
                           State of Arizona.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2002

 Mr. Hayworth introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To direct the Secretary of Agriculture to exchange certain land in the 
                           State of Arizona.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Yavapai Ranch Land Exchange Act of 
2002''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) approximately 170 square miles of land, commonly known 
        as the ``Yavapai Ranch'', and located in Yavapai County, 
        Arizona, is currently owned in an intermingled ``checkerboard'' 
        land ownership pattern, with the United States and a private 
        landowner owning alternate square mile parcels of land or 
        fractions of square mile parcels;
            (2) the parcels of land owned by the United States within 
        the checkerboard area are administered by the Secretary of 
        Agriculture as part of the Prescott National Forest, and the 
        privately owned parcels are held by the YRLP;
            (3) if the parcels of land can be consolidated into 
        ownership by the United States, many of the privately owned 
        land, and particularly the land located in or near the Pine 
        Creek watershed, Juniper Mesa Wilderness Area, Haystack Peak, 
        and the Luis Maria Baca Float No. 5, that lies in 
        environmentally sensitive areas and possess outstanding 
        attributes and values, may be used for public management, and 
        enjoyment, including opportunities for outdoor recreation, 
        stands of old growth forest, important and largely unfragmented 
        habitat for antelope, deer, elk, mountain lion, wild turkey, 
        and other wildlife species, watershed protection and 
        enhancement, scientific research, rangeland, ecological and 
        archaeological resources, and scenic vistas;
            (4) the current checkerboard ownership pattern of land 
        within the Yavapai Ranch detracts from sound and efficient 
        management of the intermingled national forest land, and if the 
        privately owned land in the checkerboard is subdivided or 
        developed, the intermingled national forest land will become 
        highly fragmented and lose much of the value of the land for 
        wildlife habitat and future public access, use, and enjoyment;
            (5) acquisition by the United States of the non-Federal 
        parcels offered by YRLP will result in a significant reduction 
        in administrative costs to the United States through--
                    (A) consolidation of Federal land for more 
                efficient land management and planning;
                    (B) elimination of approximately 350 miles of 
                boundary between privately owned land and Federal land;
                    (C) reduced right-of-way, special use, and other 
                permit processing and issuance for roads and other 
                facilities on national forest system land; and
                    (D) major administrative cost savings;
            (6) many of the parcels of Federal land that are directed 
        for transfer to Yavapai Ranch Limited Partnership or Northern 
        Yavapai L.L.C. under this Act in less environmentally sensitive 
        areas, and have significantly lower recreational, wildlife, 
        ecological, aesthetic, and other public purpose values than the 
        lands to be acquired by the United States; many of the land 
        parcels to be transferred to Yavapai Ranch Limited Partnership 
        or Northern Yavapai, L.L.C. also are encumbered by special use 
        permits and rights-of-way for a variety of purposes (including 
        summer youth camps, municipal water treatment facilities, 
        sewage treatment facilities, city parks, and airport related 
        facilities), which the permit or right-of-way holders desire to 
        acquire, and which limit the parcels' usefulness for general 
        National Forest purposes but make them logical for pass-through 
        conveyances from YRLP to the permit or right-of-way holders;
            (7) with residential and ranchette-style subdivision and 
        development currently occurring on land immediately adjacent to 
        the Yavapai Ranch, an expedited exchange of the ranch 
        checkerboard is in the public interest to create a large, 
        consolidated area of national forest ownership in key portions 
        of the ranch, and thereby preserve and promote public values 
        and long-term National Forest System goals;
            (8) without a land exchange, YRLP may be forced to initiate 
        development of its non-Federal land; and
            (9) the land exchange set forth in this Act is in the 
        public interest because it represents a land acquisition 
        strategy that best meets public objectives of--
                    (A) exchanging private land that meets the criteria 
                for inclusion into the National Forest System for 
                national forest land with lower public, environmental, 
                and ecological values;
                    (B) consolidating a large area of national forest 
                land for preservation of permanent public access, use 
                and enjoyment, and efficient management; and
                    (C) minimizing cash outlays by the United States to 
                achieve these objectives.
    (b) Purpose.--It is the purpose of this Act to further the public 
interest by authorizing, directing, facilitating, and expediting the 
consummation of an equal value land exchange as set forth in this Act.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Camp verde declaration.--The term ``Camp Verde 
        Declaration'' means certain Declaration of Covenants, 
        Conditions, and Restrictions, intended to run with the land 
        dated __________, 2002, and recorded in the official records of 
        Yavapai County, Arizona, by YRLP imposing certain water use 
        restrictions, water source limitations, and water conservation 
        measures upon the future development of that certain real 
        property located in or near the community of Camp Verde, 
        Yavapai County, Arizona, more particularly described in 
        subsection (d)(5) of section 4.
            (2) Cottonwood declaration.--The term ``Cottonwood 
        Declaration'' means the Declaration of Covenants, Conditions 
        and Restrictions, intended to run with the land, dated ________ 
        ____, 2002, and recorded in the official records of Yavapai 
        County, Arizona, by YRLP imposing certain water use 
        restrictions, water source limitations, and water conservation 
        measures upon the future development of that certain real 
        property located in or near the community of Cottonwood, 
        Yavapai County, Arizona, more particularly described in 
        subsection (d)(6) of section 4.
            (3) Declarations.--The term ``Declarations'' means the Camp 
        Verde Declaration and the Cottonwood Declaration.
            (4) Federal land.--The term ``Federal land'' means the land 
        to be conveyed into the private ownership of Yavapai Ranch 
        Limited Partnership, an Arizona Limited Partnership, or 
        Northern Yavapai, L.L.C., an Arizona Limited Liability Company 
        (excluding any successors, assigns, transferees, or 
        affiliates).
            (5) Non-federal land.--The term ``non-Federal land'' means 
        the land--
                    (A) to be conveyed into the public ownership of the 
                United States under this Act; and
                    (B) comprised of approximately 35,000 acres located 
                within the boundaries of the Prescott National Forest, 
                as generally depicted on a map entitled ``Yavapai Ranch 
                Non-Federal Lands'', dated April 2002.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (7) YRLP.--The term ``YRLP'' means the Yavapai Ranch 
        Limited Partnership, an Arizona Limited Partnership, or the 
        Northern Yavapai, L.L.C., an Arizona Limited Liability Company, 
        and each of their successors, assignees, transferees, 
        affiliates, or any other person or entity holding or acquiring 
        any interest by, through, or under the partnership or company.

SEC. 4. LAND EXCHANGE.

    (a) In General.--Upon receipt of an offer from YRLP to convey the 
non-Federal land to the United States, the Secretary shall in 
accordance with the provisions of this Act--
            (1) acquire by exchange the non-Federal land and interests 
        in such land owned by YRLP; and
            (2) convey to Yavapai Ranch Limited Partnership, or 
        Northern Yavapai, L.L.C., an Arizona Limited Liability Company 
        (excluding any successors, assignees, transferees, or 
        affiliates) certain land and interests in land owned by the 
        United States and located in the Prescott, Coconino, and Kaibab 
        National Forests, Arizona.
    (b) Conveyance of Non-Federal Land.--The exchange directed by this 
Act shall be consummated when YRLP conveys title to the United States 
acceptable to the Secretary in and to the non-Federal land. The non-
Federal land conveyed to the Secretary shall be subject to valid 
encumbrances and the following:
            (1) Areas within the Yavapai Ranch grazing allotment on the 
        date of enactment of this Act shall remain within the Yavapai 
        Ranch allotment, and this area shall continue to be grazed in 
        accordance with the laws, rules, and regulations applicable to 
        domestic livestock grazing on national forest land.
            (2) YRLP shall reserve perpetual and unrestricted easements 
        and water rights that run with and benefit the land retained by 
        itself, its successors, assignees, and transferees for the 
        operation, maintenance, repair, improvement, development, and 
        replacement of not more than 7 existing wells and related 
        storage tanks, valves, pumps and hardware, together with 
        easements for pipelines therefrom to points of use, and rights 
        of reasonable ingress and egress to accomplish the purposes of 
        the easements. Each easement for an existing well shall be 40 
        acres in area, centered on the existing well to the extent 
        possible to do so while keeping the 40-acre tract within the 
        same section, and within this 40-acre easement, the United 
        States and its permitees or licensees shall be prohibited from 
        undertaking any activity that interferes with YRLP's use of its 
        wells, without the written consent of YRLP. Each easement for 
        ingress and egress shall be at least 20 feet in width. The 
        locations of the easements and wells are generally depicted on 
        a map entitled ``YRLP Reserved Easements for Water Lines and 
        Wells'', dated April 2002.
    (c) Non-Federal Land Transfer Problems.--If 1 or more of the non-
Federal land parcels, or a fraction thereof, are unable to be conveyed 
to the United States because of the presence of hazardous materials or 
because the proposed title is unacceptable to the Secretary, the parcel 
or fraction thereof with transfer problems shall be deleted from the 
exchange.
    (d) Conveyance of Federal Land.--Upon receipt of acceptable title 
to the non-Federal land from YRLP, the Secretary shall simultaneously 
convey to Yavapai Ranch Limited Partnership, an Arizona Limited 
Partnership, or Northern Yavapai, L.L.C., an Arizona Limited Liability 
Company (excluding any successors, assignees, transferees, or 
affiliates) all right, title, and interest of the United States in and 
to the following Federal land:
            (1) Certain land located in Yavapai County, Arizona, which 
        comprises approximately 15,300 acres, as generally depicted on 
        a map entitled ``Yavapai Ranch-Ranch Area Federal Lands'', 
        dated April 2002.
            (2) Certain land within the Coconino National Forest, 
        located in Coconino County, Arizona, near the community of 
        Flagstaff, which comprises approximately 1,500 acres, as 
        generally depicted on a map entitled ``Flagstaff Federal Lands-
        Airport Parcel'', dated April 2002.
            (3) Certain other land within the Coconino National Forest, 
        located in Coconino County, Arizona, near the community of 
        Flagstaff, which comprises approximately 28.5 acres in 2 
        separate parcels, as generally depicted on a map entitled 
        ``Flagstaff Federal Lands--Wetzel/MEMS and Mt. Elden Parcels'', 
        dated April 2002.
            (4) Certain land within the Kaibab National Forest in 
        Coconino County, Arizona, near the community of Williams, which 
        comprises approximately 950 acres, as generally depicted on a 
        map entitled ``Williams Federal Lands--Airport, Golf Course, 
        Water Plant, Well Sites and Railroad Parcels'', dated April 
        2002.
            (5) Certain land within the Prescott National Forest in 
        Yavapai County, Arizona, near the community of Camp Verde, 
        which comprises approximately 2,200 acres, as generally 
        depicted on a map entitled ``Camp Verde Federal Land--General 
        Crook Parcel'', dated April 2002. Prior to the acquisition of 
        this parcel, YRLP shall have executed and recorded the Camp 
        Verde Declaration and upon the acquisition of the parcel, YRLP 
        shall execute and record with the Yavapai County Recorder an 
        amended declaration under which the legal description of the 
        property referred to in the Camp Verde Declaration is amended 
        to conform to the legal description of this parcel and 
        confirming the Camp Verde Declaration.
            (6) Certain land within the Prescott National Forest in 
        Yavapai County, Arizona, near the community of Cottonwood, 
        comprising approximately 800 acres, as generally depicted on a 
        map entitled ``Cottonwood Federal Lands'', dated April 2002. 
        Prior to the acquisition of this parcel, YRLP shall have 
        recorded the Cottonwood Declaration and upon the acquisition of 
        the parcel, YRLP shall execute and record with the Yavapai 
        County Recorder an amendment to the Cottonwood Declaration 
        amending the legal description of the property referred to in 
        the Cottonwood Declaration to conform to the legal description 
        of this parcel and to confirm the Cottonwood Declaration.
            (7) Certain land within the Kaibab National Forest in 
        Coconino County, Arizona, which comprises approximately 237.5 
        acres, as generally depicted on a map entitled ``Younglife Lost 
Canyon'', dated April 2002.
            (8) Certain land within the Prescott National Forest in 
        Yavapai County, Arizona, which comprises approximately 200 
        acres, as generally depicted on a map or maps entitled 
        ``Prescott Federal Lands--Summer Youth Camp Parcels'', dated 
        April 2002. These summer camps include Friendly Pines, 
        Patterdale Pines, Camp Pearlstein, Pine Summit, and Sky Y.
            (9) Perpetual, unrestricted, and nonexclusive easements 
        that run with and benefit land retained by YRLP, its 
        successors, assigns, and transferees across certain land owned 
        by the United States for the operation, maintenance, repair, 
        improvement, and replacement of electric power lines and/or 
        water pipelines and related storage tanks, valves, pumps, and 
        hardware, together with rights of reasonable ingress and egress 
        to accomplish the purposes of the easements. Each easement 
        shall be 20 feet in width, lying 10 feet on either side of each 
        line generally depicted on a map entitled ``YRLP Acquired 
        Easements for Water Lines'', dated April 2002.
    (e) Federal Land Encumbrances.--The United States shall convey the 
Federal land to Yavapai Ranch Limited Partnership or Northern Yavapai, 
L.L.C. subject to valid rights, including easements, rights-of-way, 
utility lines, and any other valid encumbrances on the Federal land 
existing as of the date of passage of this Act. Permits or other legal 
occupancies of the Federal land by third parties in existence as of the 
date of their transfer to Yavapai Ranch Limited Partnership or Northern 
Yavapai, L.L.C. shall be addressed in accordance with 36 CFR part 
254.15 and other applicable laws, rules, and regulations.
    (f) Federal Land Transfer Problems.--If 1 or more of the Federal 
land parcels described in subsection (d) or fractions thereof cannot be 
transferred to Yavapai Ranch Limited Partnership or Northern Yavapai, 
L.L.C. due to appraisal, hazardous materials, threatened and endangered 
species, cultural or historic resources, unpatented mining claims or 
other problems, or if the proposed title to a Federal land parcel or 
parcels or fraction thereof is unacceptable to Yavapai Ranch Limited 
Partnership or Northern Yavapai, L.L.C., the parcel or parcels or 
fractions thereof shall be deleted from the exchange and the non-
Federal land shall be adjusted in accordance with section 5(c) as 
necessary to achieve approximate equal value.
    (g) Pass-Through Conveyances.--Congress anticipates that 
approximately half of the Federal land that is located in or near the 
communities of Flagstaff, Williams, Camp Verde, and Cottonwood, and the 
summer youth camps (including Younglife Lost Canyon) subsequently will 
be passed through or conveyed by YRLP to these municipalities and 
summer camps upon or after consummation of the exchange as directed by 
this Act. If, however, the municipality or summer camp and YRLP have 
not agreed to the terms and conditions of a pass-through or subsequent 
conveyance of a Federal land parcel prior to the consummation of the 
exchange, then upon request by YRLP, the Secretary shall delete all or 
any portion of such Federal land parcel or parcels from the exchange.
    (h) Pass-Through Conveyances.--The United States shall reserve 
easements in any land transferred to Yavapai Ranch Limited Partnership 
or Northern Yavapai, L.L.C. as required by section 120(h) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9620(h)).

SEC. 5. EXCHANGE VALUATION, APPRAISALS, AND EQUALIZATION.

    (a) Equal Value Exchange.--
            (1) In general.--The values of the non-Federal and Federal 
        land to be exchanged under this Act shall be equal, as 
        determined by the Secretary.
            (2) Difference in value.--To the extent the value of the 
        non-Federal and Federal land are not equal in value, as 
        determined by the Secretary, the values shall be equalized as 
        provided in subsections (c) and (d) of this section.
    (b) Appraisals and Public Review.--
            (1) In general.--The values of the non-Federal and Federal 
        land shall be determined by appraisals utilizing the appraisal 
        standards set forth in the Uniform Appraisal Standards for 
        Federal Land Acquisitions, fifth edition (December 20, 2000) 
        and the Uniform Standards of Professional Appraisal Practice. 
        In accordance with 36 CFR part 254.9(a)(1), the appraiser or 
        appraisers shall be qualified and mutually agreeable to the 
        Secretary and YRLP, and shall be considered a contractor with 
        both the Secretary and YRLP as clients. During the appraisal 
        process, both the Secretary and YRLP shall--
                    (A) have equal access to the appraiser to ensure 
                that the appraisals accurately reflect the values of 
                the Federal and non-Federal land;
                    (B) cooperate with each other and the appraiser in 
                the preparation and drafting of appraisal instructions 
                which shall require the appraiser or appraisers to 
                consider the effect on value of encumbrances on each 
                parcel, including the restrictions on water use set 
                forth in paragraphs (5) and (6) of section 4(d); and
                    (C) have equal rights to review and comment on 
                drafts of the appraisal or appraisals. If the parties 
                disagree on the value of the Federal and non-Federal 
                land following its appraisal, then any such dispute 
                over value shall be resolved in accordance with 36 CFR 
                Part 254.10.
            (2) Appraisal period.--After the final appraised values of 
        the non-Federal and Federal land have been reviewed and 
        approved by the Secretary or otherwise determined in accordance 
        with the standards set forth in this subsection, the values 
        shall not be reappraised or updated by the Secretary prior to 
        consummation of the land exchange but shall be considered the 
        values of the non-Federal and Federal land on the date of the 
        transfer of title, regardless of the amount of time that has 
        elapsed since the date of the appraisal.
            (3) Public review.--A comprehensive summary of the approved 
        appraisals shall be made available for public review in the 
        Offices of the Supervisors for Prescott, Coconino, and Kaibab 
        National Forests, at the time that the exchange is consummated.
    (c) Value Equalization.--
            (1) In general.--If, after any non-Federal and Federal land 
        adjustments are made pursuant to subsections (c) and (f) of 
        section 4, the final appraised values (as approved by the 
        Secretary) of the land to be exchanged hereunder are not 
        approximately equal, the Secretary and YRLP shall adjust the 
        acreage in accordance with paragraph (2) or (3) of this 
        subsection until the values of the non-Federal and Federal land 
        are approximately equal.
            (2) Equalization where federal land appraised value is 
        higher.--In the event the final approved appraised value of 
        Federal land is greater than the final approved appraised value 
        of the non-Federal land, the land shall be adjusted in 
        accordance with section 8.
            (3) Equalization where non-federal land appraised value is 
        higher.--In the event the final approved appraised value of 
        non-Federal land is greater than the final approved appraised 
        value of the Federal land, the land shall be adjusted in 
        accordance with section 9.
            (4) Additional equalization of values.--If, after the 
        values are adjusted in accordance with paragraph (2) or (3), 
        the values of the Federal and non-Federal land still are not 
        approximately equal, then by mutual agreement, the Secretary 
        and YRLP may adjust the acreage of either the Federal or non-
        Federal land until the values are approximately equal.
    (d) Cash Equalization.--After the values of the non-Federal and 
Federal land are equalized to the extent practicable under subsection 
(c), the values shall be equalized by the payment of a cash 
equalization payment as provided in section 206(b) of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1716(b)), or as otherwise 
mutually agreed to by the Secretary and YRLP. The YRLP shall not be 
required to make any cash equalization payment to the Secretary that 
exceeds $50,000. In the event that the value of the Federal land still 
exceeds the value of the non-Federal land after consideration of the 
$50,000, YRLP and the Secretary shall by mutual agreement delete 
additional Federal land from the exchange authorized by this Act until 
the values are equal. Any cash equalization money received by the 
United States under this Act shall be considered money received and 
deposited pursuant to Public Law 90-171 (16 U.S.C. 484(a)), commonly 
known as the ``Sisk Act''.

SEC. 6. MISCELLANEOUS PROVISIONS.

    (a) Revocation of Orders.--Any public orders withdrawing any of the 
Federal land identified in section 4(d) from appropriation or disposal 
under the public land laws are hereby revoked as necessary to permit 
disposal of the Federal land as directed by this Act.
    (b) Segregation of Federal Land.--If a segregation of the Federal 
land pursuant to section 206(i)(1) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1716(i)(1)) is not already in effect 
on the date of enactment of this Act, the Federal land identified for 
conveyance to YRLP in section 4(d) are hereby segregated from all forms 
of entry and appropriation under the public land laws, including the 
mining and mineral leasing laws and the Geothermal Steam Act of 1970, 
until such time as the land exchange directed by this Act is 
consummated.
    (c) Surveys, Inventories, and Clearances.--Prior to consummating 
the land exchange directed by this Act, the Secretary shall perform, or 
cause to be performed, any necessary land surveys and preexchange 
inventories, clearances, reviews, and approvals relating to threatened 
and endangered species, cultural and historic resources, wetlands and 
floodplains, and hazardous materials.
    (d) Costs of Implementing the Exchange.--
            (1) In general.--The Secretary shall perform and pay for 
        any and all costs and expenses of implementing the exchange, 
        other than the following amounts which, in order to save 
        administrative costs to the United States and expedite the 
        consummation of the exchange, shall be paid for by YRLP--
                    (A) the entire cost of the appraisals of the 
                Federal and non-Federal land which shall be paid by 
                YRLP directly to the appraiser or appraisers;
                    (B) the entire cost of all necessary land surveys 
                and verified legal descriptions of the Federal and non-
                Federal land;
                    (C) the entire cost of title insurance; and
                    (D) 50 percent of the costs and expenses of 
                cultural and historic resource surveys, surveys of 
                hazardous materials, escrow, and publication of notice.
            (2) Limits; prior payments; noneligibility for 
        reimbursement.--Notwithstanding paragraph (1), the total of all 
        costs and expenses paid by YRLP under paragraph (1) shall not 
        exceed $500,000. The costs and expenses that have been paid by 
        YRLP for cultural or historic resource surveys prior to the 
        date of enactment of this Act shall be applied toward the 
        $500,000 limitation on YRLP's obligation to pay exchange-
        related costs and expenses, as set forth in paragraph (1). Any 
        amounts paid by YRLP under this paragraph shall be paid by YRLP 
        without eligibility for reimbursement under section 206(f) of 
        the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
        1716(f)).
            (3) Inadequate staff and budget.--In the event the 
        Secretary does not have adequate staff or budget to implement 
        the exchange within 1 year following the enactment of this Act, 
        or if the costs and expenses described in paragraph (1) exceed 
        the limitation on YRLP's obligation to pay such costs or 
        expenses, the Secretary shall arrange with YRLP to have such 
        work or additional work performed by an independent third party 
        subcontractor mutually acceptable to the Secretary and YRLP, 
        and initially paid for by YRLP. Any such payments made by YRLP 
        shall be subject to the provisions of paragraph (4).
            (4) Reimbursement.--The Secretary shall reimburse YRLP for 
        the cost of any additional work performed by independent third 
        party subcontractors in accordance with the provisions of 
        paragraph (3). In lieu of monetary payments, the Secretary 
        shall credit all payments made by YRLP pursuant to paragraph 
        (3) against the value of the Federal land in accordance with 
        section 206(f) of the Federal Land Policy and Management Act of 
        1976 (43 U.S.C. 1716(f)).
    (e) Timing.--It is the intent of Congress that the land exchange 
authorized and directed by this Act be consummated no later than 1 year 
after the date of enactment of this Act.

SEC. 7. LAND STATUS AND MANAGEMENT.

    (a) Incorporation Into the Prescott National Forest.--Land acquired 
by the United States under this Act shall become part of the Prescott 
National Forest and will be subject to the laws, rules, and regulations 
applicable to the National Forest System.
    (b) Land Management Planning.--Acquisition of the land authorized 
by this Act shall not, of itself, require a revision or amendment to 
the Land and Resource Management Plan for the Prescott National Forest, 
but such land acquired by the United States pursuant to this Act shall 
be considered as part of the next revision of said Plan.
    (c) Wildlife Habitat, Grazing, Trails and Roads, Timber.--Following 
its acquisition of the non-Federal land pursuant to this Act, the non-
Federal land and adjacent land retained by the United States and 
administered by Prescott National Forest shall be managed by the 
Secretary in accordance with the following standards:
            (1) The land shall continue to be managed to maintain its 
        present character and natural values, including deer, pronghorn 
        antelope, wild turkey, mountain lion, other resident wildlife 
        and native plant species, livestock grazing and aesthetic 
        values.
            (2) The Secretary shall provide opportunities for public 
        motorized and nonmotorized recreation and hunting by 
        maintaining or improving the existing system of maintained and 
        primitive roads and trails in the area.
            (3) Commercial timber harvest shall be prohibited and 
        existing stands of native trees shall be preserved except where 
        the Secretary determines such harvest may be necessary for the 
        prevention and control of fire, insects and disease, or to 
        protect or enhance grassland habitat, watershed values, or 
        native plant and wildlife species.
            (4) Nothing in this Act shall be construed as prohibiting 
        the Secretary from authorizing new water improvements for the 
        benefit of domestic livestock or wildlife management in the 
        consolidated area in accordance with the laws, rules, and 
        regulations applicable to such improvements on national forest 
        system land.
            (5) The Secretary shall improve or construct, or authorize 
        the improvement or construction of, a public access road 
        linking Forest Road 7 (Pine Creek road) to Forest Road 1 
        (Turkey Canyon road) through portions of secs. 33, 32, 31, and 
        30, T. 19 N., R. 6 W. Until the new public access road is 
        completed, the existing road linking Pine Creek and Gobbler 
        Knob shall remain open. Once the new public access road has 
        been completed, the existing road may be converted into a 
        nonmotorized trail to facilitate future public access to the 
        consolidated area.
    (d) Access to Land.--The Secretary and YRLP shall mutually grant to 
each other unlimited, perpetual, nonexclusive, and reciprocal easements 
for purposes of ingress, egress, and utilities across those routes 
depicted on the map entitled ``Roadway Easements'' dated April 2002, or 
over such relocated routes as are mutually agreed to by the Secretary 
and YRLP. In each such case, each easement shall run with and benefit 
the grantee's land, and the grantee's rights shall extend to the 
grantee's successors, assigns, transferees, and in the case of the 
Secretary, to members of the general public as deemed appropriate by 
the Secretary.
    (e) Correction of Maps.--The Secretary and YRLP may correct any 
clerical or typographical errors in the maps, legal descriptions, or 
encumbrances on the Federal or non-Federal land to be exchanged under 
this Act. In the event of any discrepancy between a map and legal 
description, the map shall prevail unless the Secretary and YRLP agree 
otherwise. All maps referenced in this Act and the form of declarations 
shall be on file and available for inspection in the Office of the 
Supervisor, Prescott National Forest, Prescott, Arizona.
    (f) Effect.--Nothing set forth in this Act shall be deemed to 
preclude, prohibit, or otherwise restrict the ability of Yavapai Ranch 
Limited Partnership or Northern Yavapai, L.L.C. to subsequently grant, 
convey, or otherwise transfer title to the Federal land or any part 
thereof acquired by Yavapai Ranch Limited Partnership or Northern 
Yavapai, L.L.C. under the terms of this Act following its acquisition 
of title to the Federal land and recordation of the Declarations and 
any conforming amendments thereto.

SEC. 8. EQUALIZATION IF FEDERAL LAND APPRAISED VALUE IS HIGHER.

    If the final approved appraised value of Federal land is greater 
than the final approved appraised value of the non-Federal land, the 
land shall be adjusted in the following order and priority:
            (1) Add the following non-Federal land to the land to be 
        conveyed by YRLP to the United States: in T. 20 N., R. 5 W., 
        Gila and Salt River Base and Meridian, Yavapai County, Arizona, 
        sec. 31; and in T. 20 N., R. 6 W., Gila and Salt River Base and 
        Meridian, Yavapai County, Arizona, secs. 33 and 35. Adjustments 
        shall be made by beginning at the south boundary of these 
        sections and adding in \1/8\ section increments (E-W 64th line) 
        across all 3 sections until the entire sections are added. As 
        set forth below, the corresponding adjacent Federal sections 
        would be deleted in the same increments, at the same time, to 
        create a linear and continuous boundary, running generally east 
        to west across these sections.
            (2) Simultaneously with the addition of those land 
        described immediately above, delete Federal land in the 
        following order: in T. 20 N., R. 5 W., Gila and Salt River Base 
        and Meridian, Yavapai County, Arizona, sec. 32; and in T. 20 
        N., R. 6 W., Gila and Salt River Base and Meridian, Yavapai 
County, Arizona, secs. 32, 34, and 36. Adjustments shall be made as set 
forth above in subparagraph (A).
            (3) Following the adjustments described in subparagraphs 
        (A) and (B) above, the following parcels shall be deleted from 
        the exchange in the following order until the value of the 
        Federal and non-Federal land are equalized:
                    (A) Williams sewer parcel.--(Kaibab National 
                Forest), described as the E\1/2\NW\1/4\SE\1/4\ of sec. 
                21, T. 22 N., R. 2 E., Gila and Salt River Base and 
                Meridian, Coconino County, Arizona, containing 20 
                record acres, more or less.
                    (B) Williams railroad parcel.--(Kaibab National 
                Forest), described as follows:
                    The W\1/2\SW\1/4\ of sec. 26, T. 22 N., R. 2 E., 
                Gila and Salt River Base and Meridian, Coconino County, 
                Arizona, less and excepting therefrom any portion lying 
                northeasterly of the southwesterly right-of-way line of 
                the Burlington Northern and Santa Fe Railway (Seligman 
                Subdivision), containing, after recognizing the 
                exception, 30 estimated acres, more or less, subject to 
                confirmation by the Bureau of Land Management approved 
                survey providing acceptable legal description and 
                acreage;
                    The NE\1/4\NW\1/4\, the N\1/2\SE\1/4\NW\1/4\, the 
                SE\1/4\SE\1/4\NW\1/4\, the NE\1/4\, SE\1/4\SW\1/4\, and 
                the SE\1/4\ of sec. 27, T. 22 N., R. 2 E., Gila and 
                Salt River Base and Meridian, Coconino County, Arizona, 
                less and excepting therefrom any portion lying north of 
                the southerly right-of-way of Interstate 40 and except 
                any portion lying northeasterly of the southwesterly 
                right-of-way line of the Burlington Northern & Santa Fe 
                Railway (Seligman Subdivision), and EXCEPT any portion 
                lying south of the northerly right-of-way of the 
                Burlington Northern and Santa Fe Railway (Phoenix 
                Subdivision), and except any portion within Exchange 
                Survey No. 677, containing, after recognizing the 
                exceptions, 220 estimated acres, more or less, subject 
                to confirmation by the Bureau of Land Management 
                approved survey providing acceptable legal description 
                and acreage;
                    The NE\1/4\NE\1/4\ of sec. 34, T. 22 N., R. 2 E., 
                Gila and Salt River Base and Meridian, Coconino County, 
                Arizona, less and excepting therefrom any portion lying 
                southwesterly of the northeasterly right-of-way line of 
                the Burlington Northern and Santa Fe Railway (Phoenix 
                Subdivision), containing, after recognizing the 
                exception, 2 estimated acres, more or less, subject to 
                confirmation by the Bureau of Land Management approved 
                survey providing acceptable legal description and 
                acreage; and
                    The N\1/2\ of sec. 35, T. 22 N., R. 2 E., Gila and 
                Salt River Base and Meridian, Coconino County, Arizona, 
                less and excepting therefrom any portion lying 
                northerly of the southerly right-of-way line of the 
                Burlington Northern and Santa Fe Railway (Seligman 
                Subdivision), and except any portion lying south of the 
                northerly right-of-way of the Burlington Northern and 
                Santa Fe Railway (Phoenix Subdivision), containing, 
                after recognizing the exceptions, 60 estimated acres, 
                more or less, subject to confirmation by the Bureau of 
                Land Management approved survey providing acceptable 
                legal description and acreage.
                    (D) Buckskinner park.--(Kaibab National Forest), 
                described as the SW\1/4\SW\1/4\, and the S\1/2\S\1/
                2\NW\1/4\SW\1/4\ of sec. 33, T. 22 N., R. 2 E., Gila 
                and Salt River Base and Meridian, Coconino County, 
                Arizona, containing 50 record acres, more or less.
                    (E) Cottonwood parcel.--(Prescott National Forest), 
                described as lots 3, 4, 6, and portions of lots 7, 8, 
                and 9 (portions require Bureau of Land Management 
                supplemental plat or survey), the W\1/2\NW\1/4\, and 
                the SW\1/4\SE\1/4\ of sec. 5, T. 15 N., R. 3 E., Gila 
                and Salt River Base and Meridian, Yavapai County, 
                Arizona; the S\1/2\S\1/2\N\1/2\NW\1/4\, the E\1/2\E\1/
                2\NE\1/4\NE\1/4\NW\1/4\, the E\1/2\NE\1/4\SE\1/4\NE\1/
                4\NW\1/4\, the NW\1/4\NE\1/4\, the S\1/2\NE\1/4\, the 
                S\1/2\NW\1/4\, and the S\1/2\ of sec. 8, T. 15 N., R. 3 
                E., Gila and Salt River Base and Meridian, Yavapai 
                County, Arizona, containing 818.69 record acres, more 
                or less subject to Bureau of Land Management 
                supplemental plat or survey.
                    (F) A portion of the camp verde parcel.--(Prescott 
                National Forest), described as all land south of the 
                southeastern boundary of the I-17 right-of-way and 
                located in the SE\1/4\ of sec. 26, the E\1/2\ and the 
                E\1/2\W\1/2\ of sec. 35, and lots 5 through 7, 
                inclusive, of sec. 36, T. 14 N., R. 4 E., Gila and Salt 
                River Base and Meridian, Yavapai County, Arizona, 
                containing 511 estimated acres, more or less, subject 
                to confirmation by an approved survey providing an 
                acceptable legal description and acreage.
                    (G) Wetzel school.--(Coconino National Forest), 
                described as lots 8 and 9 of sec. 11, T. 21 N., R. 7 
                E., Gila and Salt River Base and Meridian, Coconino 
                County, Arizona, containing 11.13 record acres, more or 
                less (lot 8 was created by the Bureau of Land 
                Management to designate a subdivision encroachment).
                    (H) Swiss manor parcel.--(Coconino National 
                Forest), described as lot 7 of sec. 7, T. 21 N., R. 8 
                E., Gila and Salt River Base and Meridian, Coconino 
                County, Arizona, containing 17.21 record acres, more or 
                less.

SEC. 9. EQUALIZATION IF NON-FEDERAL LAND APPRAISED VALUE IS HIGHER.

    If the final approved appraised value of non-Federal land is 
greater than the final approved appraised value of the Federal land, 
the land shall be adjusted in the following order and priority:
            (1) Add portions of sec. 30, T. 20 N., R. 6 W., Gila and 
        Salt River Base and Meridian, Yavapai County, Arizona, to the 
        Federal land to the land to be conveyed by the United States to 
        Yavapai Ranch Limited Partnership or Northern Yavapai, L.L.C. 
        Adjustments shall be made by beginning at the east boundary of 
        this section and adding in \1/8\ section increments (N-S 64th 
        line) and lot lines across the section until the entire section 
        is added. As set forth below, the corresponding adjacent non-
        Federal sections would be deleted in the same increments, at 
        the same time, to create a linear and continuous boundary, 
        running generally north to south across these sections.
            (2) Simultaneously with the addition of those land 
        described immediately above, delete portions of secs. 19 and 
        31, T. 20 N., R. 6 W., Gila and Salt River Base and Meridian, 
        Yavapai County, Arizona. Adjustments shall be made as set forth 
        in paragraph (1).
                                 <all>