[Congressional Record Volume 149, Number 167 (Tuesday, November 18, 2003)]
[House]
[Pages H11460-H11466]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NORTHERN ARIZONA NATIONAL FOREST LAND EXCHANGE ACT OF 2003
Mr. SOUDER. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2907) to provide for a land exchange in the State of Arizona
between the Secretary of Agriculture and Yavapai Ranch Limited
Partnership, as amended.
The Clerk read as follows:
H.R. 2907
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northern Arizona National
Forest Land Exchange Act of 2003''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) certain parcels of private land in the approximately
170 square miles of land commonly known as the ``Yavapai
Ranch'' and located in Yavapai County, Arizona, are
intermingled with National Forest System land owned by the
United States and administered by the Secretary of
Agriculture as part of Prescott National Forest;
[[Page H11461]]
(2) the private land is owned by the Yavapai Ranch Limited
Partnership and the Northern Yavapai, L.L.C., in an
intermingled checkerboard pattern, with the United States or
Yavapai Ranch Limited Partnership and the Northern Yavapai,
L.L.C., owning alternate square mile sections of land or
fractions of square mile sections;
(3) a significant portion of the private land within the
checkerboard area (including the land located in or near the
Pine Creek watershed, Juniper Mesa Wilderness Area, Haystack
Peak, and the Luis Maria Baca Float No. 5) is located in
environmentally valuable areas that possess attributes for
public management, use, and enjoyment, including--
(A) outdoor recreation;
(B) preservation of stands of old growth forest;
(C) largely unfragmented habitat for antelope, deer, elk,
mountain lion, wild turkey, and other wildlife species;
(D) scientific research;
(E) rangeland;
(F) cultural and archaeological resources; and
(G) scenic vistas;
(4) the checkerboard ownership pattern of private and
public land within Prescott National Forest impedes sound and
efficient management of the intermingled National Forest
System land;
(5) if the private land in the checkerboard area is
subdivided or developed, the intermingled National Forest
System land will become highly fragmented and lose much of
the value of the land for wildlife habitat and future public
access, use, and enjoyment;
(6) acquisition by the United States of certain parcels of
land that have been offered by Yavapai Ranch Limited
Partnership and the Northern Yavapai, L.L.C., for addition to
Prescott National Forest will serve important public
objectives, including--
(A) acquiring private land that meets the criteria for
inclusion in the National Forest System in exchange for land
with lower public, environmental, and ecological values;
(B) consolidating a large area of National Forest System
land to preserve--
(i) permanent public access, use, and enjoyment of the
land; and
(ii) efficient management of the land;
(C) minimizing cash outlays by the United States to achieve
the objectives described in subparagraphs (A) and (B); and
(D) reducing administrative costs to the United States
through--
(i) consolidation of Federal land holdings for more
efficient land management and planning;
(ii) elimination of approximately 350 miles of boundary
between private land and the Federal parcels; and
(iii) reduction of right-of-way, special use, and other
permit processing and issuance for roads and other facilities
on National Forest System land;
(7) parcels of National Forest System land have been
identified for conveyance to Yavapai Ranch Limited
Partnership or the Northern Yavapai, L.L.C., through a land
exchange because the parcels--
(A) have significantly lower recreational, wildlife,
ecological, and other public purpose values than the land to
be acquired by the United States; and
(B) are encumbered by special use permits and rights-of-way
for a variety of purposes (including summer youth camps,
municipal water treatment facilities, sewage treatment
facilities, city parks, and airport-related facilities)
that--
(i) limit the usefulness of the parcels for general
National Forest System purposes; but
(ii) are logical for pass-through conveyances from Yavapai
Ranch Limited Partnership and the Northern Yavapai, L.L.C.,
to the permit or right-of-way holders; and
(8) it is in the public interest of all water users in the
Verde Valley, Arizona, that water conservation easements be
established that limit future water use on the Federal land
that--
(A) is located near the communities of Camp Verde,
Cottonwood, and Clarkdale; and
(B) is to be conveyed by the United States to Yavapai Ranch
Limited Partnership or the Northern Yavapai, L.L.C.
(b) Purpose.--The purpose of this Act is to authorize,
direct, and facilitate the exchange of Federal land and non-
Federal land between the United States, Yavapai Ranch Limited
Partnership, and the Northern Yavapai, L.L.C.
SEC. 3. DEFINITIONS.
In this Act:
(1) Camp.--The term ``camp'' means Camp Pearlstein,
Friendly Pines, Patterdale Pines, Pine Summit, Sky Y, and
YoungLife Lost Canyon camps in the State of Arizona.
(2) Federal land.--The term ``Federal land'' means the land
described in section 4(a)(2).
(3) Management plan.--The term ``Management Plan'' means
the land and resource management plan for Prescott National
Forest.
(4) Non-federal land.--The term ``non-Federal land'' means
the approximately 35,000 acres of non-Federal land located
within the boundaries of Prescott National Forest, as
generally depicted on the map entitled ``Yavapai Ranch Land
Exchange Non-Federal Lands'', dated April 2002.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(6) Yavapai ranch.--The term ``Yavapai Ranch'' means--
(A) the Yavapai Ranch Limited Partnership, an Arizona
Limited Partnership; and
(B) the Northern Yavapai, L.L.C., an Arizona Limited
Liability Company.
SEC. 4. LAND EXCHANGE.
(a) Conveyance of Federal Land by the United States.--
(1) In general.--On receipt of an offer from Yavapai Ranch
to convey the non-Federal land, the Secretary shall convey to
Yavapai Ranch by patent or quitclaim deed, subject to
easements, rights-of-way, utility lines, and any other valid
encumbrances on the Federal land in existence on the date of
enactment of this Act and any other reservations that may be
agreed to by the Secretary and Yavapai Ranch, all right,
title, and interest of the United States in and to the
Federal land described in paragraph (2).
(2) Description of federal land.--The Federal land referred
to in paragraph (1) shall consist of the following:
(A) Certain land comprising approximately 15,300 acres
located in Yavapai County, Arizona, as generally depicted on
the map entitled ``Yavapai Ranch Land Exchange Yavapai Ranch
Area Federal Lands'', dated April 2002.
(B) Certain land in the Coconino National Forest, Coconino
County Arizona--
(i) comprising approximately 1,500 acres located in
Coconino National Forest, Coconino County, Arizona, as
generally depicted on the map entitled ``Yavapai Ranch Land
Exchange Flagstaff Federal Lands-Airport Parcel'', dated
April 2002; and
(ii) comprising approximately 28.26 acres in 2 separate
parcels, as generally depicted on the map entitled ``Yavapai
Ranch Land Exchange Flagstaff Federal Lands--Wetzel School
and Mt. Elden Parcels'', dated September 2002.
(C) Certain land referred to as Williams Airport, Williams
golf course, Williams Sewer, Buckskinner Park, Williams
Railroad, and Well parcels numbers 2, 3, and 4, comprising
approximately 950 acres, located in Kaibab National Forest,
Coconino County, Arizona, as generally depicted on the map
entitled ``Yavapai Ranch Land Exchange Williams Federal
Lands'', dated April 2002.
(D) Certain land comprising approximately 2,200 acres
located in Prescott National Forest, Yavapai County, Arizona,
as generally depicted on the map entitled ``Yavapai Ranch
Land Exchange Camp Verde Federal Land--General Crook
Parcel'', dated April 2002.
(E) Certain land comprising approximately 820 acres located
in Prescott National Forest in Yavapai County, Arizona, as
generally depicted on the map entitled ``Yavapai Ranch Land
Exchange Camp Verde Federal Lands--Cottonwood/Clarkdale
Parcel'', dated April 2002.
(F) Certain land comprising approximately 237.5 acres
located in Kaibab National Forest, Coconino County, Arizona,
as generally depicted on the map entitled ``Yavapai Ranch
Land Exchange Younglife/Lost Canyon'', dated April 2002.
(G) Certain land comprising approximately 200 acres located
in Prescott National Forest, Yavapai County, Arizona, and
including Friendly Pines, Patterdale Pines, Camp Pearlstein,
Pine Summit, and Sky Y, as generally depicted on the map
entitled ``Yavapai Ranch Land Exchange Prescott Federal
Lands--Summer Youth Camp Parcels'', dated April 2002.
(H) Perpetual and nonexclusive easements that--
(i) run with and benefit land owned by or conveyed to
Yavapai Ranch across certain land of the United States;
(ii) are for the purposes of--
(I) operating, maintaining, repairing, improving, and
replacing electric power lines or water pipelines (including
related storage tanks, valves, pumps, and hardware); and
(II) providing rights of reasonable ingress and egress
necessary for the activities described in subclause (I);
(iii) are 20 feet in width; and
(iv) are located 10 feet on either side of each line
depicted on the map entitled ``Yavapai Ranch Land Exchange
YRLP Acquired Easements for Water Lines'', dated April 2002.
(3) Conditions.--
(A) Permits.--Permits or other legal occupancies of the
Federal land by third parties in existence on the date of
transfer of the Federal land to Yavapai Ranch shall be
addressed in accordance with--
(i) part 254.15 of title 36, Code of Federal Regulations
(or any successor regulation); and
(ii) other applicable laws (including regulations).
(B) Establishment of conservation easements on certain
parcels.--
(i) In general.--To conserve water in the Verde Valley,
Arizona, and to minimize the adverse impacts from future
development of the parcels described in subparagraphs (D) and
(E) of paragraph (2) on current and future users of water and
holders of water rights in existence on the date of enactment
of this Act and the Verde River and National Forest System
land retained by the United States, the United States shall
limit in perpetuity the use of water on the parcels by
reserving conservation easements that--
(I) prohibit golf course development on the parcels;
(II) require that public parks and greenbelts on the
parcels be watered with treated effluent;
(III)(aa) with respect to the parcel described in paragraph
(2)(D), limit total post-exchange water use to not more than
700 acre-feet of water per year; and
[[Page H11462]]
(bb) with respect to the parcel described in paragraph
(2)(E), limit total post-exchange water use to not more than
150 acre-feet of water per year; and
(IV) require that any water used for the parcels not be
withdrawn from wells perforated in the Holocene alluvium of
the Verde River unless supplied by municipalities or private
water companies; however any water supplied by municipalities
or private water companies shall count toward the water use
limitations set out in the preceding subclauses (III)(aa) and
(III)(bb).
(ii) Recordation.--The conservation easements described in
clause (i) shall be recorded to encumber the title to parcels
described in subparagraphs (D) and (E) of paragraph (2) that
are conveyed by the Secretary to Yavapai Ranch.
(iii) Subsequent conveyance.--
(I) In general.--On acquisition of title to the parcels
described in subparagraphs (D) and (E) of paragraph (2),
Yavapai Ranch may convey all or a portion of the parcels to 1
or more successors-in-interest.
(II) Water use apportionment.--A conveyance under subclause
(I) shall, in accordance with the terms described in clause
(i), include a recorded and binding agreement on the amount
of water available for use on the parcel or portion of the
parcel conveyed, as determined by the Yavapai Ranch.
(iv) Enforcement.--The Secretary shall enter into one or
more assignments with a political subdivision of the State of
Arizona authorizing the political subdivision to enforce the
terms described in clause (i) in any manner provided by law.
Until such time as the Secretary executes the assignments,
the Secretary shall hold and enforce the conservation
easements.
(v) Liability.--
(I) In general.--Any action for a breach of the terms of
the conservation easements described in clause (i) shall be
against the owner or owners of the parcel or portion of the
parcel, at the time of the breach, whose action or failure to
act has resulted in the breach.
(II) Hold harmless.--To the extent that the United States
or a successor-in-interest to the United States no longer
holds title to the parcels or any portion of the parcels
described in subparagraph (D) or (E) of paragraph (2), the
United States or such successor-in-interest shall be held
harmless from damages or injuries attributable to any breach
of the terms of the conservation easements described in
clause (i) by a subsequent successor-in-interest.
(b) Conveyance of Non-Federal Land by Yavapai Ranch.--
(1) In general.--On receipt of title to the Federal land,
Yavapai Ranch shall simultaneously convey to the United
States, by deed acceptable to Secretary and subject to any
encumbrances acceptable to the Secretary, all right, title,
and interest of Yavapai Ranch in and to the non-Federal land.
(2) Easements.--
(A) In general.--The conveyance of non-Federal land to the
United States under paragraph (1) shall be subject to the
reservation of--
(i) perpetual easements and water rights that run with and
benefit the land retained by Yavapai Ranch for--
(I) the operation, maintenance, repair, improvement,
development, and replacement of not more than 3 wells in
existence on the date of enactment of this Act;
(II) related storage tanks, valves, pumps, and hardware;
and
(III) pipelines to points of use; and
(ii) easements for reasonable ingress and egress to
accomplish the purposes of the easements described in clause
(i).
(B) Existing wells.--
(i) In general.--Each easement for an existing well shall
be--
(I) 40 acres in area; and
(II) to the maximum extent practicable--
(aa) centered on the existing well; and
(bb) located in the same square mile section of land.
(ii) Limitation.--Within a 40-acre easement described in
clause (i), the United States and any permitees or licensees
of the United States shall be prohibited from undertaking any
activity that materially interferes with the use of the wells
by Yavapai Ranch, without the written consent of Yavapai
Ranch.
(iii) Reservation of water for the united states.--The
United States shall be entitled to \1/2\ the production of
each existing or replacement well, not to exceed a total of
3,100,000 gallons of water annually, for watering wildlife
and stock and for other National Forest System purposes from
the 3 wells.
(C) Reasonable access.--Each easement for ingress and
egress shall be at least 20 feet in width.
(D) Location.--The locations of the easements and wells
shall be the locations generally depicted on a map entitled
``Yavapai Ranch Land Exchange YRLP Reserved Easements for
Waterlines and Wells'', dated April 2002.
(c) Land Transfer Problems.--
(1) Federal land.--If a parcel of Federal land (or a
portion of the parcel) cannot be conveyed to Yavapai Ranch
because of the presence of hazardous materials or if the
proposed title to a parcel of Federal land (or a portion of
the parcel) is unacceptable to Yavapai Ranch because of the
presence of threatened or endangered species, cultural or
historic resources, unpatented mining claims, or other third
party rights under public land laws--
(A) the parcel of Federal land or portion of the parcel
shall be excluded from the exchange; and
(B) the non-Federal land shall be adjusted in accordance
with section 5(c).
(2) Non-federal land.--If 1 or more of the parcels of non-
Federal land or a portion of such a parcel cannot be conveyed
to the United States because of the presence of hazardous
materials or if the proposed title to a parcel or a portion
of the parcel is unacceptable to the Secretary--
(A) the parcel of non-Federal land or portion of the parcel
shall be excluded from the exchange; and
(B) the Federal land shall be adjusted in accordance with
section 5(c).
(d) Conveyance of Federal Land to Cities and Camps.--
(1) In general.--Following the acquisition of the Federal
land, Yavapai Ranch shall convey to the cities of Flagstaff,
Williams, and Camp Verde and the camps the parcels of Federal
land or portions of parcels located in or near the cities or
camps under any terms agreed to by Yavapai Ranch, the cities,
and camps before the date on which the exchange is completed.
(2) Deletion from exchange.--If Yavapai Ranch and the
cities or camps referred to in paragraph (1) have not agreed
to the terms and conditions of a subsequent conveyance of a
parcel or portion of a parcel of Federal land before the
completion of the exchange, the Secretary, on notification by
Yavapai Ranch, the cities, or camps, shall delete the parcel
or any portion of the parcel from the exchange. Any parcel or
portion of a parcel to be deleted may be configured by the
Secretary to leave the United States with manageable post-
exchange land and boundaries.
(3) Easements.--In accordance with section 120(h) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)), the United States
shall reserve easements in any land transferred to Yavapai
Ranch.
SEC. 5. EXCHANGE VALUATION, APPRAISALS, AND EQUALIZATION.
(a) Equal Value Exchange.--The values of the non-Federal
and Federal land to be exchanged under this Act--
(1) shall be equal, as determined by the Secretary; or
(2) if the values are not equal, shall be equalized in
accordance with subsection (c).
(b) Appraisals.--
(1) In general.--The values of the Federal land and non-
Federal land shall be determined by appraisals using the
appraisal standards in--
(A) the Uniform Appraisal Standards for Federal Land
Acquisitions, fifth edition (December 20, 2000); and
(B) the Uniform Standards of Professional Appraisal
Practice.
(2) Approval.--In accordance with part 254.9(a)(1) of title
36, Code of Federal Regulations (or any successor
regulation), the appraiser shall be--
(A) acceptable to the Secretary and Yavapai Ranch; and
(B) a contractor, the clients of which shall be the
Secretary and Yavapai Ranch.
(3) Requirements.--During the appraisal process the
appraiser shall--
(A) consider the effect on value of the Federal land or
non-Federal land because of the existence of encumbrances on
each parcel, including--
(i) permitted uses on Federal land that cannot be
reasonably terminated before the appraisal; and
(ii) facilities on Federal land that cannot be reasonably
removed before the appraisal; and
(B) determine the value of each parcel of Federal land and
non-Federal land (including the value of each individual
section of the intermingled Federal and non-Federal land of
the Yavapai Ranch) as an assembled transaction consistent
with the applicable provisions of parts 254.5 and
254.9(b)(1)(v) of title 36, Code of Federal Regulations (or
any successor regulation).
(4) Dispute resolution.--A dispute relating to the
appraised values of the Federal land or non-Federal land
following completion of the appraisal shall be processed in
accordance with--
(A) section 206(d) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(d)); and
(B) part 254.10 of title 36, Code of Federal Regulations
(or any successor regulation).
(5) Appraisal period.--After the final appraised values of
the Federal land and non-Federal land have been reviewed and
approved by the Secretary or otherwise determined in
accordance with the requirements of paragraph (4), the final
appraised values--
(A) shall not be reappraised or updated by the Secretary
before the completion of the land exchange; and
(B) shall be considered to be the values of the Federal
land and non-Federal land on the date of the transfer of
title.
(6) Availability.--In accordance with the policy of the
Forest Service, and to ensure the timely and full disclosure
of the appraisals to the public, the appraisals approved by
the Secretary shall be made available for public inspection
in the Offices of the Supervisors for Prescott, Coconino, and
Kaibab National Forests.
(c) Equalization of Values.--
(1) Surplus of non-federal land.--
(A) In general.--If, after any adjustments are made to the
non-Federal land or Federal land under subsection (c) or (d)
of section 4, the final appraised value of the non-Federal
land exceeds the final appraised value of the
[[Page H11463]]
Federal land, the Federal land and non-Federal land shall be
adjusted in accordance with subparagraph (B) until the values
are approximately equal.
(B) Adjustments.--An adjustment referred to in subparagraph
(A) shall be accomplished by beginning at the east boundary
of section 30, T. 20 N., R. 6 W., Gila and Salt River Base
and Meridian, Yavapai County, Arizona, and adding to the
Federal land in \1/8\ section increments (N-S 64th line) and
lot lines across the section, while deleting in the same
increments portions of sections 19 and 31, T. 20 N., R. 6 W.,
Gila and Salt River Base and Meridian, Yavapai County,
Arizona, to establish a linear and continuous boundary that
runs north to south across the sections.
(2) Surplus of federal land.--
(A) In general.--If, after any adjustments are made to the
non-Federal land or Federal land under subsection (c) or (d)
of section 4, the final appraised value of the Federal land
exceeds the final appraised value of the non-Federal land,
the Federal land and non-Federal land shall be adjusted in
accordance with subparagraph (B) until the values are
approximately equal.
(B) Adjustments.--Adjustments under subparagraph (A) shall
be made in the following order:
(i) Beginning at the south boundary of section 31, T. 20
N., R. 5 W., Gila and Salt River Base and Meridian, Yavapai
County, Arizona, and sections 33 and 35, T. 20 N., R. 6 W.,
Gila and Salt River Base and Meridian, Yavapai County, by
adding to the non-Federal land to be conveyed to the United
States in \1/8\ section increments (E-W 64th line) while
deleting from the conveyance to Yavapai Ranch Federal land in
the same incremental portions of section 32, T. 20 N., R. 5
W., Gila and Salt River Base and Meridian, Yavapai County,
Arizona, and sections 32, 34, and 36, in T. 20 N., R. 6 W.,
Gila and Salt River Base and Meridian, Yavapai County,
Arizona, to establish a linear and continuous boundary that
runs east to west across the sections.
(ii) By deleting the following parcels:
(I) The Wetzel School parcel identified on the map
described in section 4(a)(2)(B)(ii).
(II) The Williams Sewer parcel identified on the map
described in section 4(a)(2)(C).
(III) That part of the Williams Railroad parcel identified
on the map described in section 4(a)(2)(C) that lies south of
Business I-40.
(IV) A portion of the Cottonwood/Clarkdale Federal Lands
identified on the map described in Section 4(a)(2)(E) and
further described as the S\1/2\S\1/2\ of Section 8, Township
15 North, Range 3 East, Gila and Salt River Base and
Meridian, Yavapai County, Arizona.
(V) The Buckskinner Park parcel identified on the map
described in section 4(a)(2)(C).
(VI) Approximately 316 acres of the Camp Verde Federal
Land-General Crook Parcel identified on the map described in
Section 4(a)(2)(D) and further described as Lots 1, 5, and 6
and the NE\1/4\NE\1/4\ of Section 26, and the N\1/2\N\1/2\ of
Section 27, Township 14 North, Range 4 East, Gila and Salt
River Base and Meridian, Yavapai County, Arizona.
(VII) A portion of the Cottonwood/Clarkdale Federal Lands
identified on the map described in section 4(a)(2)(E) and
further described as the N\1/2\S\1/2\ of Section 8, Township
15 North, Range 3 East, Gila and Salt River Base and
Meridian, Yavapai County, Arizona.
(VIII) Approximately 314 acres of the Camp Verde Federal
Land-General Crook Parcel identified on the map described in
section 4(a)(2)(D) and further described as Lots 2, 7, 8 and
9 and the SE\1/4\NE\1/4\ of Section 26, and the S\1/2\N\1/2\
of Section 27, Township 14 North, Range 4 East, Gila and Salt
River Base and Meridian, Yavapai County, Arizona.
(IX) The Mt. Elden parcel identified on the map described
in section 4(a)(2)(B)(ii).
(C) Modifications.--By mutual agreement by the Secretary
and the Yavapai Ranch, the land and acreage in subclauses (I)
through (IX) may be modified to conform with a survey
approved by the Bureau of Land Management or to leave the
United States with manageable post-exchange land and
boundaries.
(3) Additional equalization of values.--If, after the
values are adjusted in accordance with paragraph (1) or (2),
the values of the Federal land and non-Federal land are not
equal, then the Secretary and Yavapai Ranch may by agreement
adjust the acreage of the Federal land and non-Federal land
until the values of that land are equal.
(d) Cash Equalization.--
(1) In general.--After the values of the non-Federal and
Federal land are equalized to the maximum extent practicable
under subsection (c), any balance due the Secretary or
Yavapai Ranch shall be paid--
(A) through cash equalization payments under section 206(b)
of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716(b)); or
(B) in accordance with standards established by the
Secretary and Yavapai Ranch.
(2) Limitation.--
(A) Adjustments.--If the value of the Federal land exceeds
the value of the non-Federal land by more than $50,000, the
Secretary and Yavapai Ranch shall, by agreement, delete
additional Federal land from the exchange until the values of
the Federal land and non-Federal land are equal.
(B) Deposit.--Any amounts received by the United States
under this Act--
(i) shall be deposited in a fund established under Public
Law 90-171 (16 U.S.C. 484a) (commonly known as the ``Sisk
Act''); and
(ii) shall be available, without further appropriation, for
the acquisition of land or interests in land for National
Forest System purposes in the State of Arizona.
SEC. 6. MISCELLANEOUS PROVISIONS.
(a) Revocation of Orders.--Any public orders withdrawing
any of the Federal land from appropriation or disposal under
the public land laws are revoked to the extent necessary to
permit disposal of the Federal land.
(b) Withdrawal of Federal Land.--The Federal land is
withdrawn from all forms of entry and appropriation under the
public land laws, including the mining and mineral leasing
laws and the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et
seq.), until the date on which the exchange of Federal land
and non-Federal land is completed.
(c) Surveys, Inventories, and Clearances.--Before
completing the exchange of Federal land and non-Federal land
under this Act, the Secretary shall carry out land surveys
and preexchange inventories, clearances, reviews, and
approvals relating to hazardous materials, threatened and
endangered species, cultural and historic resources, and
wetlands and floodplains.
(d) Costs of Implementing the Exchange.--
(1) In general.--
(A) The United States shall bear the costs or other
responsibilities or requirements associated with land
surveys, title searches, archeological and cultural surveys
and salvage, removal of encumbrances and curing title
deficiencies necessary to bring the Federal land into a
condition where it is acceptable for exchange purposes.
(B) Yavapai Ranch shall bear the costs or other
responsibilities or requirements associated with land
surveys, title searches, archeological and cultural surveys
and salvage, removal of encumbrances and curing title
deficiencies necessary to bring the non-Federal land into a
condition where it is acceptable for exchange purposes.
(2) Ineligible reimbursements.--No amount paid by Yavapai
Ranch under this subsection shall be eligible for
reimbursement under section 206(f) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1716(f)).
(e) Timing.--It is the intent of Congress that the exchange
of Federal land and non-Federal land directed by this Act be
completed not later than 18 months after the date of
enactment of this Act.
(f) Contractors.--
(1) In general.--If the Secretary lacks adequate staff or
resources to complete the exchange by the date specified in
subsection (e), the Yavapai Ranch may contract with
independent third-party contractors to carry out any work
necessary to complete the exchange by that date, subject to
the mutual agreement of the Secretary and the Yavapai Ranch
on the contractor or contractors, scope of work, estimated
cost of work, and approval of any such work by the Secretary.
(2) Reimbursement.--In the event that Yavapai Ranch
contracts with independent third party contractors to carry
out or complete any responsibilities or requirements that
would be performed by the Secretary but for the lack of
adequate staff or resources, then the Secretary shall
reimburse Yavapai Ranch for Yavapai Ranch's costs or expenses
for such contractors in accordance with section 206(f) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1716(f)).
SEC. 7. STATUS AND MANAGEMENT OF LAND AFTER EXCHANGE.
(a) In General.--Non-Federal land acquired by the United
States under this Act--
(1) shall become part of the Prescott National Forest; and
(2) shall be administered by the Secretary in accordance
with--
(A) this Act;
(B) the laws (including regulations) applicable to the
National Forest System; and
(C) other authorized uses of the National Forest System.
(b) Management Plan.--
(1) In general.--Acquisition of the non-Federal land under
this Act shall not require a revision or amendment to the
Management Plan.
(2) Amendment or revision.--If the Management Plan is
amended or revised after the date of acquisition of non-
Federal land under this Act, the Management Plan shall be
amended to reflect the acquisition of the non-Federal land.
(c) Post-Exchange Management of Certain Land.--
(1) In general.--On acquisition by the United States, the
non-Federal land acquired by the United States and any
National Forest System land outside the Juniper Mesa
Wilderness Area but formerly intermingled with the acquired
non-Federal land shall be managed in accordance with--
(A) paragraphs (2) through (6); and
(B) the laws (including regulations) generally applicable
to National Forest System land.
(2) Protection of natural resources.--The non-Federal land
shall be managed in a manner that maintains the species,
character, and natural values of the land, including--
(A) deer, pronghorn antelope, wild turkey, mountain lion,
and other resident wildlife and native plant species;
(B) suitability for livestock grazing; and
(C) aesthetic values.
[[Page H11464]]
(3) Grazing.--Each area located in the Yavapai Ranch
grazing allotment as of the date of enactment of this Act
shall--
(A) remain in the Yavapai Ranch grazing allotment; and
(B) continue to be subject to grazing in accordance with
the laws (including regulations) generally applicable to
domestic livestock grazing on National Forest System land.
(4) Roads.--
(A) Improvement and maintenance.--The Secretary shall
maintain or improve a system of roads and trails on the non-
Federal land to provide opportunities for hunting, motorized
and nonmotorized recreation, and other uses of the land by
the public.
(B) Public access road.--
(i) Construction.--The Secretary shall improve or construct
a public access road linking Forest Road 7 (Pine Creek Road)
to Forest Road 1 (Turkey Canyon Road) through portions of
sections 33, 32, 31, and 30, T. 19 N., R. 6 W., Gila and Salt
River Base and Meridian.
(ii) Existing road.--The existing road linking Pine Creek
and Gobbler Knob shall--
(I) until the date on which the new public access road is
completed, remain open; and
(II) after the date on which the new public access road is
completed, be obliterated.
(C) Easements.--
(i) In general.--On completion of the land exchange under
this Act, the Secretary and Yavapai Ranch shall grant each
other at no charge reciprocal easements for ingress, egress,
and utilities across, over, and through--
(I)(aa) the routes depicted on the map entitled ``Yavapai
Ranch Land Exchange Road and Trail Easements--Yavapai Ranch
Area'' dated April 2002; and
(bb) any other inholdings retained by the United States or
Yavapai Ranch; or
(II) any relocated routes that are agreed to by the
Secretary and Yavapai Ranch.
(ii) Requirements.--An easement described in clause (i)--
(I) shall be unlimited, perpetual, and nonexclusive in
nature; and
(II) shall run with and benefit the land of the grantee.
(iii) Rights of grantee.--The rights of the grantee shall
extend to--
(I) any successors-in-interest, assigns, and transferees of
Yavapai Ranch; and
(II) in the case of the Secretary, members of the general
public, as determined to be appropriate by the Secretary.
(5) Timber harvesting.--
(A) In general.--Except as provided in subparagraph (B),
timber harvesting for commodity production shall be
prohibited on the non-Federal land.
(B) Exceptions.--Timber harvesting may be conducted on the
non-Federal land if the Secretary determines that timber
harvesting is necessary--
(i) to prevent or control fires, insects, and disease
through forest thinning or other forest management
techniques;
(ii) to protect or enhance grassland habitat, watershed
values, native plants, trees, and wildlife species; or
(iii) to improve forest health.
(6) Water improvements.--Nothing in this Act prohibits the
Secretary from authorizing or constructing new water
improvements in accordance with the laws (including
regulations) applicable to water improvements on National
Forest System land for--
(A) the benefit of domestic livestock or wildlife
management;
(B) the improvement of forest health or forest restoration;
or
(C) other National Forest purposes.
(d) Maps.--
(1) In general.--The Secretary and Yavapai Ranch may
correct any minor errors in the maps of, legal descriptions
of, or encumbrances on the Federal land or non-Federal land.
(2) Discrepancy.--In the event of any discrepancy between a
map and legal description, the map shall prevail unless the
Secretary and Yavapai Ranch agree otherwise.
(3) Availability.--All maps referred to in this Act shall
be on file and available for inspection in the Office of the
Supervisor, Prescott National Forest, Prescott, Arizona.
(e) Effect.--Nothing in this Act precludes, prohibits, or
otherwise restricts Yavapai Ranch from subsequently granting,
conveying, or otherwise transferring title to the Federal
land after its acquisition of the Federal land.
SEC. 8. CONVEYANCE OF ADDITIONAL LAND.
(a) In General.--The Secretary shall convey to an
individual or entity that represents the majority of
landowners with encroachments on the lot by quitclaim deed
the parcel of land described in subsection (b).
(b) Description of Land.--The parcel of land referred to in
subsection (a) is lot 8 in section 11, T. 21 N., R. 7 E.,
Gila and Salt River Base and Meridian, Coconino County,
Arizona.
(c) Amount of Consideration.--In exchange for the land
described in subsection (b), the individual or entity
acquiring the land shall pay to the Secretary consideration
in the amount of--
(1) $2500; plus
(2) any costs of re-monumenting the boundary of land.
(d) Timing.--
(1) In general.--Not later than 90 days after the date on
which the Secretary receives a power of attorney executed by
the individual or entity acquiring the land, the Secretary
shall convey to the individual or entity the land described
in subsection (b).
(2) Limitation.--If, by the date that is 270 days after the
date of enactment of this Act, the Secretary does not receive
the power of attorney described in paragraph (1)--
(A) the authority provided under this subsection shall
terminate; and
(B) any conveyance of the land shall be made under Public
Law 97-465 (16 U.S.C. 521c et seq.).
SEC. 9. COMPENSATION FOR PERSONS HOLDING GRAZING PERMITS.
Persons holding grazing permits for land transferred into
private ownership under this Act shall be compensated in
accordance with section 402(g) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1752(g)).
SEC. 10. CONVEYANCE OF LEASED LAND.
(a) In General.--The Secretary shall convey to an
individual or entity that represents the majority of
landowners with a lease on the lot by quitclaim deed the
parcel of land described in subsection (b).
(b) Description of Land.--The parcel of land referred to in
subsection (a) is approximately 4.87 acres located in section
27, T. 22 N., R. 2 E., Gila and Salt River Base and Meridian,
Coconino County, Arizona.
(c) Maps.--
(1) In general.--The Secretary may make minor modifications
to the descriptions or reconfigure the descriptions of the
properties referenced in subsection (b) in order to
facilitate a conveyance, to address management, or boundary
considerations or correct errors. If any land adjacent to the
4.87 acre parcel described in subsection (b) is conveyed to
the Yavapai Ranch, any such minor modifications shall be by
mutual agreement between the Secretary and the Yavapai Ranch.
(2) Discrepancy.--In the event of any discrepancy between a
map and legal description, the map shall prevail.
(3) Availability.--All maps referred to in this Act shall
be on file and available for inspection in the Office of the
Supervisor, Kaibab National Forest, Williams, Arizona.
(d) Amount of Consideration.--In exchange for the land
described in subsection (b), the individual or entity
acquiring the land shall pay to the Secretary consideration
in the amount of--
(1) market value; plus
(2) any costs of re-monumenting the boundary of land.
(e) Appraisal.--
(1) In general.--The values of the Federal land shall be
determined by appraisal using the appraisal standards in--
(A) the Uniform Appraisal Standards for Federal Land
Acquisitions, fifth edition (December 20, 2000); and
(B) the Uniform Standards of Professional Appraisal
Practice.
(2) Approval.--In accordance with part 254.9(a)(1) of title
36, Code of Federal Regulations (or any successor
regulation), the appraiser shall be--
(A) acceptable to the Secretary
(B) a third party contractor.
(f) Timing.--
(1) In general.--Not later than 180 days after the date on
which the Secretary receives a power of attorney executed by
the individual or entity acquiring the land, the Secretary
shall convey to the individual or entity the land described
in subsection (b).
(2) Limitation.--If, by the date that is 270 days after the
date of enactment of this Act, the Secretary does not receive
the power of attorney described in paragraph (1)--
(A) the authority provided under this subsection shall
terminate; and
(B) any conveyance of the land shall be made under Public
Law 97-465 (16 U.S.C. 521c et seq).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Indiana (Mr. Souder) and the gentleman from American Samoa (Mr.
Faleomavaega) each will control 20 minutes.
The Chair recognizes the gentleman from Indiana (Mr. Souder).
General Leave
Mr. SOUDER. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
and include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Indiana?
There was no objection.
Mr. SOUDER. Mr. Speaker, I yield myself such time as I may consume.
H.R. 2907, introduced by the gentleman from Arizona (Mr. Renzi),
provides for a land exchange in the State of Arizona between the
Secretary of Agriculture and the Yavapai Ranch Limited Partnership. The
bill would consolidate the largest remaining checkerboard ownership in
Arizona. The Forest Service will receive 35,000 acres of land adjacent
to an existing wilderness area which includes old growth ponderosa
pine, oak, and alligator juniper forest lands and grasslands known to
be a prime antelope habitat. The Yavapai Ranch Limited Partnership
would receive approximately 21,000 acres of land.
H.R. 2907 is supported by a wide variety of vested interests
including the
[[Page H11465]]
administration, many of the local city councils, local chapters of the
Chamber of Commerce, as well as the Grand Canyon Trust and the Central
Arizona Land Trust. I urge adoption of the bill.
Mr. Speaker, I reserve the balance of my time.
Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may
consume.
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend
his remarks.)
Mr. FALEOMAVAEGA. Mr. Speaker, again on a bipartisan basis, I want to
commend the gentleman from Arizona for his sponsorship of this proposed
bill.
Mr. Speaker, H.R. 2907 would direct the Secretary of Agriculture to
consummate a complicated land exchange in northern Arizona. The United
States would receive approximately 35,000 acres of inholdings on the
Prescott National Forest. In exchange, the United States would transfer
title to the Yavapai Ranch Limited Partnership various parcels on the
Coconino, Prescott, and the Kaibab National Forests. All lands would be
appraised in accordance with Federal appraisal standards. Their values
would be equalized as required in the Federal Land Policy and
Management Act. This bill was also passed in the House last year, and
we certainly have no objection to this.
Mr. Speaker, I reserve the balance of my time.
Mr. SOUDER. Mr. Speaker, I yield such time as he may consume to the
gentleman from Arizona (Mr. Renzi), our committee's colleague and the
author of the bill.
Mr. RENZI. Mr. Speaker, I thank the gentleman for yielding me this
time and also my colleague from American Samoa for his kind remarks.
Mr. Speaker, I rise in support of H.R. 2907, the Northern Arizona
National Forest Land Exchange Act of 2003. H.R. 2907 facilitates a land
exchange in northern Arizona of private land within the Yavapai Ranch
for the Forest Service land in the northern portion of the State.
H.R. 2907 accomplishes several goals in northern Arizona. First, it
will preserve the pristine areas within Yavapai Ranch for the wildlife
and recreation by consolidating more than 40,000 acres of Forest
Service land. This area is adjacent to the Juniper Mesa Wilderness
Area, preserving precious habitat for ponderosa pine, alligator
juniper, and pronghorn antelope.
Second, H.R. 2907 provides the City of Flagstaff, Arizona, with the
opportunity to acquire land to expand and improve Pulliam Airport. H.R.
2907 will allow the City of Flagstaff to develop a new city park and
recreational areas and obtain ownership of land near their water
treatment plant. This is critical to the City of Flagstaff's future,
providing economic development and affordable housing.
The Northern Arizona National Forest Land Exchange Act will also
allow the city of Williams to acquire land for its well sites, water
storage tanks, and wastewater facility and drinking water treatment
plants. Until recently, the city of Williams relied completely on
surface water supplies to service the community. However, surface water
reservoirs in Williams are almost dry and currently stand at a minimal
8 percent of capacity. H.R. 2907 will assist Williams in meeting their
water challenges in the future by providing new land for well drilling
sites.
In the Verde Valley, this bill provides the town of Camp Verde with
unique opportunities to acquire land for open space to protect their
view shed. The Camp Verde Fire District will be provided with land
adjacent to Interstate 17 for an emergency response and urgent care
facility for faster response and care. A planned development along
Interstate 17 will provide Camp Verde with additional tax base and job
opportunities.
{time} 1930
A residential development in Clarkdale and Cottonwood will diversify
the housing market and provide new lands and an additional tax base for
those communities.
Working with members of the Arizona delegation, including the
gentleman from Arizona (Mr. Hayworth), we have ensured that the
language in H.R. 2907 establishes water conservation and water use
restrictions for any future development. In addition, any development
would also comply with the State of Arizona surface and ground water
laws, as well as local community planning standards.
Finally, this legislation assures that six summer youth camps serving
10,000 to 12,000 children from all over the region have the opportunity
to acquire the land and benefit from full ownership. These camps
include Young Life Lost Canyon Camp, Friendly Pines Camp, the YMCA
camps, and a host of other camps. Young Life Lost Canyon alone serves
approximately 4,500 children. Approximately 450 of these children have
special needs.
In the past year, I have received many letters and phone calls
providing input on the exchange. One such letter came from the chairman
of the Yavapai-Apache Nation, Mr. Jamie Fullmer, the tribe that is most
affected by this land exchange. Chairman Fullmer makes a statement of
endorsement of this land exchange when he says in his letter, ``We also
recognize that exchanging these already impacted lands for the
unspoiled lands at the headwaters of the Verde River offers permanent
protection for wildlife, the forest and the watershed that protects the
Yavapai-Apache Nation's water rights.''
Mr. Speaker, I have held several town halls and town meetings on this
issue. We have discussed these many complex issues with the surrounding
communities, with individuals, and have public input on this exchange.
I have visited and toured the Yavapai Ranch on three occasions. I have
witnessed firsthand the great value of this land exchange. Bringing the
Yavapai Ranch into Federal ownership is in the best interests of the
greater good and of the general public. I urge my colleagues to support
the Northern Arizona National Forest Land Exchange Act of 2003.
Mr. FALEOMAVAEGA. Mr. Speaker, I reserve the balance of my time.
Mr. SOUDER. Mr. Speaker, I yield such time as he may consume to the
gentleman from Arizona (Mr. Hayworth), another colleague from the
committee and another advocate of Arizona.
Mr. HAYWORTH. Mr. Speaker, I thank the gentleman for yielding me this
time.
I would be remiss if I did not take time to commend my colleague from
the First Congressional District of Arizona (Mr. Renzi) for his hard
work in shepherding this legislation through the committee process and
for working tirelessly with the Forest Service and all affected parties
to achieve consensus on this very important piece of legislation. I
would likewise be remiss if I did not recognize my good friend and
colleague from the other side of the aisle, the gentleman from American
Samoa, who was nice enough to come and visit us in Arizona on many
different issues and maintains a great interest in public lands
throughout our country and beyond its immediate shores to the place
where he calls home.
The Northern Arizona National Forest Land Exchange Act of 2003
provides for a Federal land exchange that places roughly 35,000 acres
of pristine ponderosa pine forestland and biologically diverse land,
much of which borders an existing wilderness area, into the hands of
the United States Forest Service. This bill has been carefully crafted
to ensure that the environment, ecosystems, watershed, and forestlands
of northern Arizona are protected and preserved.
Mr. Speaker, harbor no delusions. This was an incredibly ambitious
piece of work to get done. That is why kudos go to my friend from the
first district for working so hard, because the gentleman from Arizona
(Mr. Renzi), with this legislation, really refined a concept very
similar to what I was pleased and honored to sponsor in the last
Congress, together with our late friend, Bob Stump. The concept of this
type of land exchange to consolidate the Yavapai Ranch lands just makes
sense. Through this land exchange, our Federal Government will receive
pristine forestlands that truly belong under the stewardship of the
Forest Service to be preserved for future generations.
This exchange was originally initiated by the Forest Service to
consolidate the largest remaining ``checkerboard'' parcel of land in
Arizona and to protect the Juniper Mountains forest area from future
development. Watershed management, wildlife habitat, and
[[Page H11466]]
outdoor recreation in the consolidated land parcel will be preserved
through this action.
Additionally, many of the land parcels the Forest Service will trade
to accomplish these goals are eagerly sought by the local communities
for a variety of worthwhile civic purposes, including expansion of
airports, parks, and other municipal facilities. And, as my colleague
from the first district mentioned, six summer camps that currently
lease lands from the Forest Service will acquire their leased areas. So
there will be no uncertainty about this. We will be moving proactively,
positively to preserve these youth camps that are so vital for so many
children in the West and especially in our great State of Arizona.
Importantly, the land exchange embodied in this bill follows all
Federal regulations, especially as they relate to land appraisal
methods, public input and involvement, compensation for individuals
holding grazing permits, and a requirement for an equal value exchange
to ensure that the public is not short-changed in any way, shape,
fashion, or form.
As an involved cosponsor of this bill, I can attest to the fact that
there has been considerable participation of local elected officials,
Forest Service personnel, private citizens, and various citizen groups
from northern Arizona and Arizona's Verde Valley in drafting this
legislation. Their input, Mr. Speaker, has been invaluable, and I am
confident that the bill now put forth by my colleague addresses every
major concern that has been brought to light.
Mr. Speaker, as a result of the efforts of the gentleman from Arizona
(Mr. Renzi), this bill has been endorsed by the city councils of
Flagstaff, Williams, Camp Verde, Cottonwood, Clarkdale, as well as the
Yavapai County Board of Supervisors, the Salt River Project, the
Arizona Game and Fish Department, the Flagstaff Chamber of Commerce,
the Greater Flagstaff Economic Council, the Williams Chamber of
Commerce, the Camp Verde Chamber of Commerce, the Cottonwood Chamber of
Commerce, the Grand Canyon Trust, the Sedona-Verde Valley Realtors, the
Wildlife Conservation Council, the Arizona Antelope Foundation, the
Arizona Mule Deer Association, the Central Arizona Land Trust, and the
Arizona Republic newspaper; and that is just a partial listing of folks
supporting this legislation.
Again, Mr. Speaker, this legislation makes good common sense for our
forests and for the people of Arizona. The cost savings for the Federal
Government and, therefore, for American taxpayers associated with this
land exchange are significant. The savings are accomplished through
consolidation of Federal lands that allows for much greater ease in
forest management. But much more important, this exchange will ensure
that one of the last largest pristine forested parcels in Arizona will
pass out of private hands and be protected from potentially harmful
development indefinitely.
Again, Mr. Speaker, let me take time to commend my friend and
colleague, the gentleman from Arizona (Mr. Renzi), for his hard work on
this important legislation. I am grateful for the opportunity to
partner with him on this bill. I am pleased to see my good friend,
again, from American Samoa playing a vital role on the other side of
the aisle, and I would urge passage of this important piece of
legislation.
Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I want to commend my good friend, the gentleman from
Arizona (Mr. Hayworth), for his kind words. It is true it was my
privilege very recently, in fact, about a week and a half ago, that I
had the privilege of visiting the great State of Arizona, finding out
that several thousand of my people live in Arizona. I guess they missed
the 200 inches of rainfall that we have every year, and they thought
maybe by going to Arizona would give them tremendous experience in
learning how to live with 3 inches of rainfall every year in that great
State.
I do want to commend him for his words and, as the cochairman of the
Native American Caucus, I do commend him also for the tremendous work
that he does with our Native American community. Again, I thank the
gentleman from Indiana (Mr. Souder), my good friend, for his leadership
in managing this proposed bill; and I urge my colleagues to support
this legislation.
Mr. Speaker, I yield back the balance of my time.
Mr. SOUDER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, in closing, I would like to again thank my colleagues
from Arizona. For those in the Chamber and those who watch our
proceedings here in Congress, this has been very instructive, because
what we see most of the time is us debating, very heatedly, very few
bills. Most bills, in fact, that move through Congress move this way.
The discussions work out between the two sides.
This bill that we have discussed here for Arizona are huge in the
number of the heritage areas, and there are very big tourist questions
there. We have revamped the Fish and Wildlife Service, we have
protected animals that are endangered from around the world, and we
have done it in a bipartisan way. That is the way most legislation
moves, and tonight we are seeing how the system works when we can
compromise. But most of what people see on TV are the few times it
breaks down. Those are big issues. They are important. But it is
important to know that we do both things here in Washington. We do not
just do the arguing; we also do the working together.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Pearce). The question is on the motion
offered by the gentleman from Indiana (Mr. Souder) that the House
suspend the rules and pass the bill, H.R. 2907, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________