[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2907 Reported in House (RH)]

                                                 Union Calendar No. 222
108th CONGRESS
  1st Session
                                H. R. 2907

                          [Report No. 108-379]

  To provide for a land exchange in the State of Arizona between the 
    Secretary of Agriculture and Yavapai Ranch Limited Partnership.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2003

Mr. Renzi (for himself and Mr. Hayworth) introduced the following bill; 
            which was referred to the Committee on Resources

                           November 18, 2003

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on July 
                               25, 2003]

_______________________________________________________________________

                                 A BILL


 
  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) because there are limited water resources on the 
        National Forest System land available for future water users 
and the unlimited use of the water resources would have adverse long-
term impacts on existing and future water users and State water right 
holders and the Verde River and National Forest System land conveyed by 
the United States, limits on water use should be established on the 
National Forest System 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 deed acceptable to Yavapai Ranch, 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 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, unrestricted, 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 establishing 
                        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 in 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 an assignment 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 assignment, the Secretary shall 
                        hold 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, 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 and unrestricted 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 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 
        adjoining National Forest System 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)).




                                                 Union Calendar No. 222

108th CONGRESS

  1st Session

                               H. R. 2907

                          [Report No. 108-379]

_______________________________________________________________________

                                 A BILL

  To provide for a land exchange in the State of Arizona between the 
    Secretary of Agriculture and Yavapai Ranch Limited Partnership.

_______________________________________________________________________

                           November 18, 2003

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed