[Congressional Record Volume 148, Number 147 (Thursday, November 14, 2002)]
[House]
[Pages H8890-H8898]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           YAVAPAI RANCH LAND EXCHANGE REFINEMENT ACT OF 2002

  Mr. HANSEN. Mr. Speaker, I ask unanimous consent that the Committee 
on Resources be discharged from further consideration of the bill (H.R. 
5513) to authorize and direct the exchange of certain land in the State 
of Arizona between the Secretary of Agriculture and Yavapai Ranch 
Limited Partnership, and ask for its immediate consideration in the 
House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Utah?
  There was no objection.
  The Clerk read the bill, as follows:

                               H.R. 5513

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

     SECTION 1. SHORT TITLE.

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

     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) 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.;
       (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;
       (8) because of residential and ranchette-style subdivisions 
     and developments on land adjacent to the Yavapai Ranch, it is 
     in the interest of the public--
       (A) to authorize, direct, facilitate, and expedite the 
     exchange of Federal land and non-Federal land; and
       (B) to establish a large consolidated area of National 
     Forest System land; and
       (9) without a land exchange, Yavapai Ranch Limited 
     Partnership and the Northern Yavapai, L.L.C. will be forced 
     to initiate development of the non-Federal land.
       (b) Purpose.--The purpose of this Act is to further the 
     public interest by authorizing, directing, facilitating, and 
     expediting 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 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 4(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 4(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 4(a)(2)(D) and the Cottonwood/Clarkdale 
     Federal land described in section 4(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 4(a)(2).
       (5) Management plan.--The term ``Management Plan'' means 
     the land and resource management plan for Prescott National 
     Forest.

[[Page H8891]]

       (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 Act, the term ``YRLP'' includes successors-in-interest, 
     assigns, transferees, and affiliates of YRLP.

     SEC. 4. 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.--

       (I) In general.--Before YRLP acquires the parcel described 
     in paragraph (2)(D), YRLP shall execute and record the Camp 
     Verde Declaration.
       (II) Amended declaration.--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.--

       (I) In general.--Before YRLP acquires the parcel described 
     in paragraph (2)(E), YRLP shall execute and record the 
     Cottonwood Declaration.
       (II) Amended declaration.--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 
     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 5(c). If the parcel 
     or parcels are deleted from the exchange, the non-Federal 
     land shall be adjusted in accordance with section 5(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 5(c) to achieve approximate equal value.
       (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

[[Page H8892]]

     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. 5. EXCHANGE VALUATION, APPRAISALS, AND EQUALIZATION.

       (a) Equal Value Exchange.--The values of the non-Federal 
     and Federal land directed 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 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;
       (II) facilities on Federal land that cannot be reasonably 
     removed before the appraisal; and
       (III) the reduction in value attributable to the 
     conservation measures and restrictions on water use under the 
     Declarations; and

       (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.--A comprehensive summary of 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 at the time 
     the exchange is consummated.
       (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 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 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 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) A portion of the Camp Verde parcel, comprising 
     approximately 511 acres, located in Prescott National Forest, 
     consisting of the land south of the southeastern boundary of 
     the I-17 right-of-way, and more particularly described as the 
     SE\1/4\ portion of section 26, the E\1/2\ and the E\1/2\W\1/
     2\ portions of section 35, and lots 5 through 7 of section 
     36, T. 14 N., R. 4 E., Gila and Salt River Base and Meridian, 
     Yavapai County, Arizona.
       (VI) 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.
       (VII) 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.
       (VIII) 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.

[[Page H8893]]

       (IX) 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 Act 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. 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 
     directed by 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.--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 Act 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. 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; 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 
     Act 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 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.--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 Act, 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 non-Federal 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 Act 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

[[Page H8894]]

       (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 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 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.).


     Amendment in the Nature of a Substitute Offered by Mr. Hansen

  Mr. HANSEN. Mr. Speaker, I offer an amendment in the nature of a 
substitute.
  The Clerk read as follows:

       Amendment in the nature of a substitute offered by Mr. 
     Hansen:
       Strike out all after the enacting clause and insert the 
     following:

     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

[[Page H8895]]

     ``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--

[[Page H8896]]

       (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.

[[Page H8897]]

       (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

[[Page H8898]]

     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.
  Mr. HANSEN (during the reading). Mr. Speaker, I ask unanimous consent 
that the amendment in the nature of a substitute be considered as read 
and printed in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Utah?
  There was no objection.
  The amendment in the nature of a substitute was agreed to.
  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed.
  The title of the bill was amended so as to read: ``A bill 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.''.
  A motion to reconsider was laid on the table.

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