[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5513 Engrossed in House (EH)]
107th CONGRESS
2d Session
H. R. 5513
_______________________________________________________________________
AN ACT
To provide for a land exchange in the State of Arizona between the
Secretary of Agriculture and Yavapai Ranch Limited Partnership and a
land exchange in the State of Colorado to acquire a private inholding
in the San Isabel National Forest, and for other purposes.
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 ``Prescott and San Isabel National
Forests Land Exchange Act of 2002''.
TITLE I--YAVAPAI RANCH LAND EXCHANGE, ARIZONA
SEC. 101. 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) much 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
sensitive areas that possess outstanding attributes and values
for public management, use, and enjoyment, including
opportunities for--
(A) outdoor recreation;
(B) preservation of stands of old growth forest;
(C) important and largely unfragmented habitat for
antelope, deer, elk, mountain lion, wild turkey, and
other wildlife species;
(D) watershed protection and enhancement;
(E) scientific research;
(F) rangeland;
(G) ecological and archaeological resources; and
(H) scenic vistas;
(4) the checkerboard ownership pattern of land within the
Yavapai Ranch detracts from 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);
(D) significantly 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;
(iii) reduced right-of-way, special use,
and other permit processing and issuance for
roads and other facilities on National Forest
System land; and
(iv) other administrative cost savings;
(E) significantly protecting the watershed and
stream flow of the Verde River in Arizona by reducing
the land available for future development within that
watershed by approximately 25,000 acres; and
(F) conserving the waters of the Verde River
through the recording of declarations restricting the
use of water on Federal land located near the
communities of Camp Verde, Cottonwood and Clarkdale to
be exchanged by the United States to Yavapai Ranch
Limited Partnership or the Northern Yavapai, L.L.C.;
and
(7) Yavapai Ranch Limited Partnership and the Northern
Yavapai, L.L.C. have selected parcels of National Forest System
land that are logical for conveyance to Yavapai Ranch Limited
Partnership or the Northern Yavapai, L.L.C. through a land
exchange because the parcels--
(A) are located in less environmentally sensitive
areas than the land to be acquired by the United
States;
(B) have significantly lower recreational,
wildlife, ecological, aesthetic, and other public
purpose values than the land to be acquired by the
United States; and
(C) 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.
(b) Purpose.--The purpose of this title 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. 102. DEFINITIONS.
In this title:
(1) Camp verde declaration.--The term ``Camp Verde
Declaration'' means the Declaration of Covenants, Conditions,
and Restrictions executed by Yavapai Ranch Limited Partnership
and the Northern Yavapai, L.L.C., on or about August 12, 2002,
and recorded in the official records of Yavapai County,
Arizona, that is intended to run with the land and imposes
certain water use restrictions, water source limitations, and
water conservation measures on the future development of the
land described in section 103(a)(2)(D).
(2) Cottonwood declaration.--The term ``Cottonwood
Declaration'' means the Declaration of Covenants, Conditions
and Restrictions executed by Yavapai Ranch Limited Partnership
and the Northern Yavapai, L.L.C., on or about August 12, 2002,
and recorded in the official records of Yavapai County,
Arizona, that is intended to run with the land and imposes
certain water use restrictions, water source limitations, and
water conservation measures on the future development of the
land described in section 103(a)(2)(E).
(3) Declarations.--The term ``Declarations'' collectively
means the Camp Verde Declaration and the Cottonwood
Declaration, both of which Congress is requiring to be recorded
as encumbrances on the Camp Verde Federal land described in
section 103(a)(2)(D) and the Cottonwood/Clarkdale Federal land
described in section 103(a)(2)(E) in order to conserve water
resources in the Verde River Valley, Arizona.
(4) Federal land.--The term ``Federal land'' means the land
directed for exchange to YRLP in section 103(a)(2).
(5) Management plan.--The term ``Management Plan'' means
the land and resource management plan for Prescott National
Forest.
(6) 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 and directed
for exchange to the United States, as generally depicted on the
map entitled ``Yavapai Ranch Non-Federal Lands'', dated April
2002.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(8) Summer camps.--The term ``summer camps'' means Camp
Pearlstein and Friendly Pines, Patterdale Pines, Pine Summit,
Sky Y, and YoungLife Lost Canyon camps in the State of Arizona.
(9) YRLP.--
(A) In general.--The term ``YRLP'' means--
(i) the Yavapai Ranch Limited Partnership,
an Arizona Limited Partnership; and
(ii) the Northern Yavapai, L.L.C., an
Arizona Limited Liability Company.
(B) Inclusions.--Except as otherwise expressly
provided in this title, the term ``YRLP'' includes
successors-in-interest, assigns, transferees, and
affiliates of YRLP.
SEC. 103. LAND EXCHANGE.
(a) Conveyance of Federal Land by the United States.--
(1) In general.--On receipt of an offer from YRLP to convey
the non-Federal land, the Secretary shall convey to YRLP by
deed acceptable to YRLP all right, title, and interest of the
United States in and to the Federal land described in paragraph
(2), 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 such other
reservations as may be mutually agreed to by the Secretary and
YRLP.
(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-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 ``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 ``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, all located in
Kaibab National Forest, Coconino County, Arizona, as
generally depicted on the map entitled ``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 ``Camp Verde Federal Land--General Crook
Parcel'', dated April 2002, and title to which shall be
conveyed to Yavapai Ranch Limited Partnership or the
Northern Yavapai, L.L.C., but not to any successor-in-
interest, assign, transferee or affiliate of Yavapai
Ranch Limited Partnership or the Northern Yavapai,
L.L.C., or any other person or entity holding or
acquiring any interest in Yavapai Ranch.
(E) Certain land comprising approximately 820 acres
located in Prescott National Forest in Yavapai County,
Arizona, as generally depicted on the map entitled
``Cottonwood/Clarkdale Federal Lands'', dated April
2002, and title to which shall be conveyed to Yavapai
Ranch Limited Partnership or the Northern Yavapai,
L.L.C., but not to any successor-in-interest, assign,
transferee or affiliate of Yavapai Ranch Limited
Partnership or the Northern Yavapai, L.L.C., or any
other person or entity holding or acquiring any
interest in Yavapai Ranch.
(F) Certain land comprising approximately 237.5
acres located in Kaibab National Forest, Coconino
County, Arizona, as generally depicted on the map
entitled ``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 ``Prescott
Federal Lands--Summer Youth Camp Parcels'', dated April
2002.
(H) Perpetual, unrestricted, and nonexclusive
easements that--
(i) run with and benefit land owned by or
conveyed to YRLP across certain land of the
United States;
(ii) are for--
(I) the purposes of operating,
maintaining, repairing, improving, and
replacing electric power lines or water
pipelines (including related storage
tanks, valves, pumps, and hardware);
and
(II) rights of reasonable ingress
and egress necessary for the purposes
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 ``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 YRLP 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) Conveyance of certain parcels.--
(i) Camp verde.--Following the acquisition
of the parcel described in paragraph (2)(D),
YRLP shall execute and record with the Yavapai
County Recorder an amended declaration in which
the legal description of the land referred to
in the Camp Verde Declaration is amended to
conform to the legal description in paragraph
(2)(D).
(ii) Cottonwood/clarkdale.--Following the
acquisition of the parcel described in
paragraph (2)(E), YRLP shall execute and record
with the Yavapai County Recorder an amended
declaration in which the legal description of
the land referred to in the Cottonwood
Declaration is amended to conform to the legal
description in paragraph (2)(E).
(b) Conveyance of Non-Federal Land by YRLP.--
(1) In general.--On receipt of title to the Federal land,
YRLP shall simultaneously convey to the United States, by deed
acceptable to Secretary and subject to any encumbrances, all
right, title, and interest of YRLP 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 and unrestricted easements
and water rights that run with and benefit the
land retained by YRLP for--
(I) the operation, maintenance,
repair, improvement, development, and
replacement of not more than 3 existing
wells;
(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 interferes with the use of the
wells by YRLP, without the written consent of
YRLP.
(iii) Reservation of water for the united
states.--The United States shall be entitled to
\1/2\ of the production of each existing 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 all 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 ``YRLP Reserved Easements for Water Lines
and Wells'', dated April 2002.
(c) Land Transfer Problems.--
(1) Federal land.--If all or part of any parcels of Federal
land cannot be transferred to YRLP because of hazardous
materials, or if the proposed title to a Federal land parcel or
parcels or fraction thereof is unacceptable to YRLP because of
the existence of unpatented mining claims, or in the event of
the presence of threatened or endangered species or cultural or
historic resources which cannot be mitigated, or other third
party rights under the public land laws, the parcel or parcels
or parts thereof shall be deleted from the exchange and the
Secretary and YRLP may mutually agree to exchange other Federal
land in lieu of the deleted parcel or part thereof in
accordance with section 104(c). If the parcel or parcels are
deleted from the exchange, the non-Federal land shall be
adjusted in accordance with section 104(c) as necessary to
achieve equal value.
(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 because the proposed title to a parcel or a
portion of the parcel is unacceptable to the Secretary--
(A) the parcel or any portion of the parcel shall
be excluded from the exchange; and
(B) the Federal land shall be adjusted in
accordance with section 104(c).
(d) Pass-Through Conveyances.--
(1) In general.--On or after the acquisition of the Federal
land, YRLP may subsequently pass through or convey to the
cities of Flagstaff, Williams, Camp Verde, Cottonwood, and the
summer camps the parcels of Federal land or portions of parcels
located in or near the cities or summer camps.
(2) Deletion from exchange.--If YRLP and the cities or
summer camps referred to in paragraph (1) have not agreed to
the terms and conditions of a pass-through or subsequent
conveyance of a parcel or portion of a parcel of Federal land
before the completion of the exchange, the Secretary, on notice
by YRLP, shall delete the parcel or any portion of the parcel
from the exchange, provided that any portion so deleted shall
be configured by the Secretary to leave the United States with
manageable post-exchange lands 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 YRLP.
SEC. 104. EXCHANGE VALUATION, APPRAISALS, AND EQUALIZATION.
(a) Equal Value Exchange.--The values of the non-Federal and
Federal land directed to be exchanged under this title--
(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 YRLP; and
(B) a contractor, the clients of which shall be
both the Secretary and YRLP.
(3) Requirements.--During the appraisal process--
(A) the Secretary and YRLP shall have equal access
to the appraiser; and
(B) the Secretary and YRLP shall cooperate with
each other and the appraiser to prepare appraisal
instructions which shall require the appraiser to--
(i) consider the effect on value of the
Federal land or non-Federal land because of the
existence of encumbrances on each parcel,
including--
(I) permitted uses on Federal land
that cannot be reasonably terminated
before the appraisal; and
(II) facilities on Federal land
that cannot be reasonably removed
before the appraisal.
(ii) 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.--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 in accordance with Forest Service policy.
(7) Allocation of changes.--For purposes of the land
exchange directed by this title, any change in land value
attributable to the conservation measures and restrictions on
water use under the Declarations shall be allocated 50 percent
to the Secretary and 50 percent to YRLP.
(c) Equalization of Values.--
(1) Surplus of non-federal land.--
(A) In general.--If, after any adjustments are made
to the non-Federal land or Federal land under
subsection (c) or (d) of section 103, the final
appraised value of the non-Federal land exceeds the
final appraised value of the Federal land, the Federal
land and non-Federal land shall be adjusted in
accordance with subparagraph (B) until the values are
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 to be conveyed
to YRLP in \1/8\ section increments (N-S 64th line) and
lot lines across the section, while deleting from the
conveyance to the United States non-Federal land in the
same incremental 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 103, 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 YRLP Federal
land in the same incremental portions of
section 32, T. 20 N., R. 5 W., Gila and Salt
River Base and Meridian, Yavapai County,
Arizona, and sections 32, 34, and 36, in T. 20
N., R. 6 W., Gila and Salt River Base and
Meridian, Yavapai County, Arizona, to establish
a linear and continuous boundary that runs east
to west across the sections.
(ii) By deleting the following parcels:
(I) The Williams Sewer parcel,
comprising approximately 20 acres,
located in Kaibab National Forest, and
more particularly described as the E\1/
2\NW\1/4\SE\1/4\ portion of section 21,
T. 22 N., R. 2 E., Gila and Salt River
Base and Meridian, Coconino County,
Arizona.
(II) The Williams railroad parcel,
located in the Kaibab National Forest,
and more particularly described as--
(aa) the W\1/2\SW\1/4\
portion of section 26, T. 22
N., R. 2 E., Gila and Salt
River Base and Meridian,
Coconino County, Arizona,
excluding any portion northeast
of the southwestern right-of-
way line of the Burlington
Northern and Santa Fe Railway
(Seligman Subdivision),
comprising approximately 30
acres;
(bb) 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\, the SE\1/4\SW\1/4\,
and the SE\1/4\ portions of
section 27, T. 22 N., R. 2 E.,
Gila and Salt River Base and
Meridian, Coconino County,
Arizona, excluding any portion
north of the southern right-of-
way of Interstate 40 and any
portion northeast of the
southwestern right-of-way line
of the Burlington Northern and
Santa Fe Railway (Seligman
Subdivision), any portion south
of the northern right-of-way of
the Burlington Northern and
Santa Fe Railway (Phoenix
Subdivision), and any portion
within Exchange Survey No. 677,
comprising approximately 220
acres;
(cc) the NE\1/4\NE\1/4\
portion of section 34, T. 22
N., R. 2 E., Gila and Salt
River Base and Meridian,
Coconino County, Arizona,
excluding any portion southwest
of the northeastern right-of-
way line of the Burlington
Northern and Santa Fe Railway
(Phoenix Subdivision),
comprising approximately 2
acres; and
(dd) the N\1/2\ portion of
section 35, T. 22 N., R. 2 E.,
Gila and Salt River Base and
Meridian, Coconino County,
Arizona, excluding any portion
north of the southern right-of-
way line of the Burlington
Northern and Santa Fe Railway
(Seligman Subdivision) and any
portion south of the northern
right-of-way of the Burlington
Northern and Santa Fe Railway
(Phoenix Subdivision),
comprising approximately 60
acres.
(III) Buckskinner Park, comprising
approximately 50 acres, located in
Kaibab National Forest, and more
particularly described as the SW\1/
4\SW\1/4\, and the S\1/2\S\1/2\NW\1/
4\SW\1/4\ portions of section 33, T. 22
N., R. 2 E., Gila and Salt River Base
and Meridian, Coconino County, Arizona.
(IV) The Cottonwood/Clarkdale
parcel, comprising approximately 820
acres, located in Prescott National
Forest, and more particularly described
as--
(aa) lots 3, 4, 6, portions
of lots 7, 8, and 9, and the
W\1/2\NW\1/4\ and the SW\1/
4\SE\1/4\ portions of section
5, T. 15 N., R. 3 E., Gila and
Salt River Base and Meridian,
Yavapai County, Arizona; and
(bb) 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\
portions of section 8, T. 15
N., R. 3 E., Gila and Salt
River Base and Meridian,
Yavapai County, Arizona.
(V) The Wetzel school parcel,
comprising approximately 10.89 acres,
located in Coconino National Forest,
and more particularly described as lot
9 of section 11, T. 21 N., R. 7 E.,
Gila and Salt River Base and Meridian,
Coconino County, Arizona.
(VI) The Mt. Eldon parcel,
comprising approximately 17.21 acres,
located in Coconino National Forest,
and more particularly described as lot
7 of section 7, T. 21 N., R. 8 E., Gila
and Salt River Base and Meridian,
Coconino County, Arizona.
(VII) A portion of the Camp Verde
parcel, comprising approximately 316
acres, located in Prescott National
Forest, and more particularly described
as the NENE\1/4\ and lots 1, 5, and 6
of section 26, and the N\1/2\N\1/2\ of
section 27, T. 14 N., R. 4 E., Gila and
Salt River Base and Meridian, Yavapai
County, Arizona.
(VIII) A portion of the Camp Verde
parcel, comprising approximately 314
acres, located in Prescott National
Forest, and more particularly described
as the SENE\1/4\ and lots 2, 7, 8, and
9 of section 26, and the S\1/2\N\1/2\
of section 27, T. 14 N., R. 4 E., Gila
and Salt River Base and Meridian,
Yavapai County, Arizona.
(C) Modifications.--The descriptions of land and
acreage provided in subclauses (III), (IV), and (V) of
subparagraph (B)(ii) may be modified to conform with a
survey approved by the Bureau of Land Management.
(3) Additional equalization of values.--If, after the
values are adjusted in accordance with paragraph (1) or (2),
the values of the Federal land and non-Federal land are not
equal, then the Secretary and YRLP may by mutual agreement
adjust the acreage of the Federal land and non-Federal land
until the values of that land are equal.
(d) Cash Equalization.--
(1) In general.--After the values of the non-Federal and
Federal land are equalized to the maximum extent practicable
under subsection (c), any balance due to the Secretary or to
YRLP shall be paid--
(A) through cash equalization payments under
section 206(b) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(b)); or
(B) in accordance with standards established by the
Secretary and YRLP.
(2) Limitation.--
(A) In general.--YRLP shall not be required to make
any cash equalization payment to the Secretary in an
amount that exceeds $50,000.
(B) Adjustments.--If the value of the Federal land
exceeds the value of the non-Federal land by more than
$50,000, the Secretary and YRLP shall by mutual
agreement delete additional Federal land from the
exchange until the values of the Federal land and non-
Federal land are equal.
(C) Deposit.--Any money received by the United
States under this title shall, without further
appropriation, be deposited in a fund established under
Public Law 90-171 (16 U.S.C. 484(a); commonly known as
the Sisk Act) for the acquisition of land or interests
in land for National Forest System purposes in the
State of Arizona.
SEC. 105. MISCELLANEOUS PROVISIONS.
(a) Revocation of Orders.--Any public orders withdrawing any of the
Federal land from appropriation or disposal under the public land laws
are revoked to the extent necessary to permit disposal of the Federal
land.
(b) Withdrawal of Federal Land.--The Federal land is withdrawn from
all forms of entry and 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 directed by this title,
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.--Except as provided in paragraph (2), the
Secretary shall be responsible for any costs of implementing
the exchange of Federal land and non-Federal land.
(2) Exceptions.--Subject to paragraph (3), YRLP shall be
responsible for paying--
(A) 100 percent of the costs of--
(i) conducting the appraisals of the
Federal land and non-Federal land;
(ii) the preparation of necessary land
surveys and verified legal descriptions of the
Federal land and non-Federal land; and
(iii) title insurance; and
(B) 50 percent of the costs of--
(i) conducting cultural and historic
resource surveys;
(ii) conducting surveys of hazardous
materials;
(iii) escrow; and
(iv) publication of notice of the proposed
exchange.
(3) Limitations.--
(A) In general.--YRLP shall not pay more than
$500,000 of the costs described in paragraph (2).
(B) Credit.--Any costs paid by YRLP for cultural or
historic resource surveys before the date of enactment
of this Act shall be credited against the maximum
amount required to be paid by YRLP under subparagraph
(A).
(4) Reimbursement.--No amount paid by YRLP under this
subsection shall be eligible for 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 title be completed
not later than 1 year after the date of enactment of this Act.
(f) Contractors.--
(1) In general.--If the Secretary lacks adequate staff or
resources to complete the exchange by the date referred to in
subsection (e), or if the costs described in subsection (d)(2)
exceed the limitation described in subsection (d)(3), the
Secretary shall reimburse YRLP for the costs of 1 or more
independent third party contractors, subject to the approval of
the Secretary and YRLP, to carry out any activities necessary
to complete the exchange by that date.
(2) Credits.--If the Secretary lacks funds with which to
reimburse YRLP in accordance with paragraph (1), the Secretary
shall credit any amounts paid by YRLP to third party
independent contractors against the value of the Federal land
in accordance with section 206(f) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1716(f)).
SEC. 106. STATUS AND MANAGEMENT OF LAND AFTER EXCHANGE.
(a) In General.--Non-Federal land acquired by the United States
under this title--
(1) shall become part of the Prescott National Forest; and
(2) shall be administered by the Secretary in accordance
with--
(A) this title; and
(B) the laws (including regulations) applicable to
the National Forest System.
(b) Management Plan.--
(1) In general.--Acquisition of the land authorized by this
title shall not, of itself, require a revision or amendment to
the Management Plan for Prescott National Forest.
(2) Amendment or revision of plan.--If the Management Plan
is amended or revised after the date of acquisition of non-
Federal land under this title, the Management Plan shall be
amended to reflect the acquisition of the non-Federal land.
(c) Post-Exchange Management of Certain Land.--
(1) In general.--Following its acquisition by the United
States, the non-Federal land acquired by the United States and
adjoining National Forest System land shall be managed in
accordance with paragraphs (2) through (6), and the laws,
rules, and regulations generally applicable to the National
Forest System.
(2) Protection of natural resources.--The 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, rules, and 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 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--
(I) shall remain open until the
date on which the new public access
road is completed; and
(II) after the date on which the
new public access road is completed,
shall be obliterated.
(C) Easements.--
(i) In general.--Simultaneously with
completion of the land exchange directed by
this title, the Secretary and YRLP shall
mutually grant to each other at no charge
reciprocal easements for ingress, egress, and
utilities across, over, and through--
(I) the routes depicted on the map
entitled ``Road and Trail Easements--
Yavapai Ranch Area'' dated April 2002;
and any other inholdings retained by
the United States or YRLP; or
(II) any relocated routes that are
mutually agreed to by the Secretary and
YRLP.
(ii) Requirements.--Easements granted under
this subparagraph shall be unlimited,
perpetual, and nonexclusive in nature, and
shall run with and benefit the land of the
grantee.
(iii) Rights of grantee.--The rights of the
grantee shall extend to--
(I) in the case of YRLP, any
successors-in-interest, assigns, and
transferees of YRLP; 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 land.
(B) Exceptions.--Timber harvesting may be conducted
on the 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; or
(ii) to protect or enhance grassland
habitat, watershed values, or native plants,
trees, and wildlife species.
(6) Water improvements.--Nothing in this title prohibits
the Secretary from authorizing or constructing new water
improvements in accordance with the laws, rules, and
regulations applicable to water improvements on National Forest
System land for--
(A) the benefit of domestic livestock or wildlife
management; or
(B) the improvement of forest health or forest
restoration.
(d) Maps.--
(1) In general.--The Secretary and YRLP may correct any
minor errors in the maps of, legal descriptions of, or
encumbrances on the Federal land or non-Federal land.
(2) Discrepancy.--In the event of any discrepancy between a
map, acreage, and a legal description, the map shall prevail
unless the Secretary and YRLP agree otherwise.
(3) Availability.--The Declarations and all maps referred
to in this title shall be on file and available for inspection
in the Office of the Supervisor, Prescott National Forest,
Prescott, Arizona.
(e) Effect.--Nothing in this title precludes, prohibits, or
otherwise restricts YRLP from subsequently granting, conveying, or
otherwise transferring title to the Federal land after its acquisition
of the Federal land and recordation of the Declarations and any
conforming amendments to the Declarations.
(f) Encroachment Land in Flagstaff.--
(1) In general.--The Secretary shall convey by quitclaim
deed lot 8 in section 11, T. 21 N., R. 7 E., Gila and Salt
River Base and Meridian, Coconino County, Arizona, to a single
individual or entity, either of which represent the majority of
landowners with encroachments on such lot.
(2) Payment to the united states.--In consideration of the
conveyance directed by paragraph (1), the individual or entity
representing the majority of landowners with encroachments on
lot 8 shall pay to the Secretary the sum of $2500 plus any
costs of re-monumenting the boundary of lot 8.
(3) Timing.--The Secretary shall convey lot 8 in accordance
with this subsection within 90 days of receipt of powers of
attorney executed to a single individual or entity representing
the majority of landowners with encroachments on lot 8. If the
powers of attorney are not delivered to the Secretary within
270 days of the date of enactment of this Act, the
authorization under this subsection shall expire and,
thereafter, any conveyances shall be made under Public Law 97-
465 (16 U.S.C. 521c et seq.).
TITLE II--SAN ISABEL NATIONAL FOREST LAND EXCHANGE, COLORADO
SEC. 201. LAND EXCHANGE, SAN ISABEL NATIONAL FOREST, COLORADO.
(a) Exchange Required.--In exchange for the private property
described in subsection (b), the Secretary of Agriculture shall convey
to E. Michael Senter of Buena Vista, Colorado (in this section referred
to as the ``recipient''), all right, title, and interest of the United
States in and to a parcel of real property consisting of approximately
2.2 acres in the San Isabel National Forest, Colorado, as generally
depicted on the map entitled ``Senter Exchange'' , dated September 20,
2002. The conveyance under this subsection shall be made upon the
receipt by the Secretary of a binding offer for the conveyance of title
acceptable to the Secretary to the property described in subsection
(b).
(b) Consideration.--As consideration for the property to be
conveyed by the Secretary under subsection (a), the recipient shall
convey to the Secretary a parcel of real property consisting of
approximately 2.0 acres located within the boundaries of the San Isabel
National Forest. This parcel is also generally depicted on the map
referred to in subsection (a).
(c) Equal Value Exchange; Appraisal.--The values of the properties
to be exchanged under this section shall be equal or equalized as
provided in subsection (d). The value of the properties shall be
determined through an appraisal performed by a qualified appraiser
mutually agreed to by the Secretary and the recipient. The appraisal
shall be performed in conformance with the Uniform Appraisal Standards
for Federal Land Acquisitions (Department of Justice, December 2000)
and shall be completed not later than 120 days after the date of the
enactment of this Act.
(d) Cash Equalization.--Any difference in the value of the
properties to be exchanged under this section shall be equalized
through the making of a cash equalization payment. The Secretary shall
deposit any cash equalization payment received by the Secretary under
this subsection in the fund established by Public Law 90-171 (commonly
known as the Sisk Act; 16 U.S.C. 484a).
(e) Payment of Costs.--All direct costs associated with the
conveyances under this section, including the costs of appraisal,
title, and survey work, shall be borne by the Secretary.
(f) Administration of Acquired Land.--The property acquired by the
Secretary under this section shall become part of the San Isabel
National Forest and be administered as such in accordance with the
laws, rules, and regulations generally applicable to the National
Forest System.
Passed the House of Representatives November 15
(legislative day, November 14), 2002.
Attest:
Clerk.
107th CONGRESS
2d Session
H. R. 5513
_______________________________________________________________________
AN ACT
To provide for a land exchange in the State of Arizona between the
Secretary of Agriculture and Yavapai Ranch Limited Partnership and a
land exchange in the State of Colorado to acquire a private inholding
in the San Isabel National Forest, and for other purposes.