[Congressional Record Volume 151, Number 151 (Tuesday, November 15, 2005)]
[House]
[Pages H10172-H10176]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NORTHERN ARIZONA LAND EXCHANGE AND VERDE RIVER BASIN PARTNERSHIP ACT OF
2005
Mrs. MUSGRAVE. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 161) to provide for a land exchange in the State of
Arizona between the Secretary of Agriculture and Yavapai Ranch Limited
Partnership.
The Clerk read as follows:
S. 161
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Northern
Arizona Land Exchange and Verde River Basin Partnership Act
of 2005''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--NORTHERN ARIZONA LAND EXCHANGE
Sec. 101. Definitions.
Sec. 102. Land exchange.
Sec. 103. Description of non-Federal land.
Sec. 104. Description of Federal land.
Sec. 105. Status and management of land after exchange.
Sec. 106. Miscellaneous provisions.
Sec. 107. Conveyance of additional land.
TITLE II--VERDE RIVER BASIN PARTNERSHIP
Sec. 201. Purpose.
Sec. 202. Definitions.
Sec. 203. Verde River Basin Partnership.
Sec. 204. Verde River Basin studies.
Sec. 205. Verde River Basin Partnership final report.
Sec. 206. Memorandum of understanding.
Sec. 207. Effect.
TITLE I--NORTHERN ARIZONA LAND EXCHANGE
SEC. 101. DEFINITIONS.
In this title:
(1) Camp.--The term ``camp'' means Camp Pearlstein,
Friendly Pines, Patterdale Pines, Pine Summit, Sky Y, and
Young Life Lost Canyon camps in the State of Arizona.
(2) Cities.--The term ``cities'' means the cities of
Flagstaff, Williams, and Camp Verde, Arizona.
(3) Federal land.--The term ``Federal land'' means the land
described in section 104.
(4) Non-federal land.--The term ``non-Federal land'' means
the land described in section 103.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(6) Yavapai ranch.--The term ``Yavapai Ranch'' means the
Yavapai Ranch Limited Partnership, an Arizona Limited
Partnership, and the Northern Yavapai, L.L.C., an Arizona
Limited Liability Company.
SEC. 102. LAND EXCHANGE.
(a) In General.--(1) Upon the conveyance by Yavapai Ranch
of title to the non-Federal land identified in section 103,
the Secretary shall simultaneously convey to Yavapai Ranch
title to the Federal land identified in section 104.
(2) Title to the lands to be exchanged shall be in a form
acceptable to the Secretary and Yavapai Ranch.
(3) The Federal and non-Federal lands to be exchanged under
this title may be modified prior to the exchange as provided
in this title.
(4)(A) By mutual agreement, the Secretary and Yavapai Ranch
may make minor and technical corrections to the maps and
legal descriptions of the lands and interests therein
exchanged or retained under this title, including changes, if
necessary to conform to surveys approved by the Bureau of
Land Management.
(B) In the case of any discrepancy between a map and legal
description, the map shall prevail unless the Secretary and
Yavapai Ranch agree otherwise.
(b) Exchange Process.--(1) Except as otherwise provided in
this title, the land exchange under subsection (a) shall be
undertaken in accordance with section 206 of the Federal Land
Policy and Management Act (43 U.S.C. 1716).
(2) Before completing the land exchange under this title,
the Secretary shall perform any necessary land surveys and
pre-exchange inventories, clearances, reviews, and approvals,
including those relating to hazardous materials, threatened
and endangered species, cultural and historic resources, and
wetlands and flood plains.
(c) Equal Value Exchange.--(1) The value of the Federal
land and the non-Federal land shall be equal, or equalized by
the Secretary by adjusting the acreage of the Federal land in
accordance with paragraph (2).
(2) If the final appraised value of the Federal land
exceeds the final appraised value of the non-Federal land,
prior to making other adjustments, the Federal lands shall be
adjusted by deleting all or part of the parcels or portions
of the parcels in the following order:
(A) A portion of the Camp Verde parcel described in section
104(a)(4), comprising approximately 316 acres, located in the
Prescott National Forest, and more particularly described as
lots 1, 5, and 6 of section 26, the NE\1/4\NE\1/4\ portion of
section 26 and the N\1/2\N\1/2\ portion of section 27,
Township 14
[[Page H10173]]
North, Range 4 East, Gila and Salt River Base and Meridian,
Yavapai County, Arizona.
(B) A portion of the Camp Verde parcel described in section
104(a)(4), comprising approximately 314 acres, located in the
Prescott National Forest, and more particularly described as
lots 2, 7, 8, and 9 of section 26, the SE\1/4\NE\1/4\ portion
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.
(C) Beginning at the south boundary of section 31, Township
20 North, Range 5 West, Gila and Salt River Base and
Meridian, Yavapai County, Arizona, and sections 33 and 35,
Township 20 North, Range 6 West, Gila and Salt River Base and
Meridian, Yavapai County, Arizona, 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, Township 20 North, Range
5 West, Gila and Salt River Base and Meridian, Yavapai
County, Arizona, and sections 32, 34, and 36 in Township 20
North, Range 6 West, 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.
(D) Any other parcels, or portions thereof, agreed to by
the Secretary and Yavapai Ranch.
(3) If any parcel of Federal land or non-Federal land is
not conveyed because of any reason, that parcel of land, or
portion thereof, shall be excluded from the exchange and the
remaining lands shall be adjusted as provided in this
subsection.
(4) 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 mutual agreement, delete additional
Federal land from the exchange until the value of the Federal
land and non-Federal land is, to the maximum extent
practicable, equal.
(d) Appraisals.--(1) The value of the Federal land and non-
Federal land shall be determined by appraisals prepared in
accordance with the Uniform Appraisal Standards for Federal
Land Acquisitions and the Uniform Standards of Professional
Appraisal Practice.
(2)(A) After the Secretary has reviewed and approved the
final appraised values of the Federal land and non-Federal
land to be exchanged, the Secretary shall not be required to
reappraise or update the final appraised values before the
completion of the land exchange.
(B) This paragraph shall apply during the three-year period
following the approval by the Secretary of the final
appraised values of the Federal land and non-Federal land
unless the Secretary and Yavapai Ranch have entered into an
agreement to implement the exchange.
(3) During the appraisal process, the appraiser shall
determine the value of each parcel of Federal land and non-
Federal land (including the contributory value of each
individual section of the intermingled Federal and non-
Federal land of the property described in sections 103(a) and
104(a)(1)) as an assembled transaction.
(4)(A) To ensure the timely and full disclosure to the
public of the final appraised values of the Federal land and
non-Federal land, the Secretary shall provide public notice
of any appraisals approved by the Secretary and copies of
such appraisals shall be available for public inspection in
appropriate offices of the Prescott, Coconino, and Kaibab
National Forests.
(B) The Secretary shall also provide copies of any approved
appraisals to the cities and the owners of the camps
described in section 101(1).
(e) Contracting.--(1) If the Secretary lacks adequate staff
or resources to complete the exchange by the date specified
in section 106(c), Yavapai Ranch, subject to the agreement of
the Secretary, may contract with independent third-party
contractors to carry out any work necessary to complete the
exchange by that date.
(2) If, in accordance with this subsection, Yavapai Ranch
contracts with an independent third-party contractor to carry
out any work that would otherwise be performed by the
Secretary, the Secretary shall reimburse Yavapai Ranch for
the costs for the third-party contractors.
(f) Easements.--(1) The exchange of non-Federal and Federal
land under this title shall be subject to any easements,
rights-of-way, utility lines, and any other valid
encumbrances in existence on the date of enactment of this
Act, including acquired easements for water pipelines as
generally depicted on the map entitled ``Yavapai Ranch Land
Exchange, YRLP Acquired Easements for Water Lines'' dated
August 2004, and any other reservations that may be agreed to
by the Secretary and Yavapai Ranch.
(2) Upon completion of the land exchange under this title,
the Secretary and Yavapai Ranch shall grant each other at no
charge reciprocal easements for access and utilities across,
over, and through--
(A) the routes depicted on the map entitled ``Yavapai Ranch
Land Exchange, Road and Trail Easements, Yavapai Ranch Area''
dated August 2004; and
(B) any relocated routes that are agreed to by the
Secretary and Yavapai Ranch.
(3) An easement described in paragraph (2) shall be
unrestricted and non-exclusive in nature and shall run with
and benefit the land.
(g) Conveyance of Federal Land to Cities and Camps.--(1)
Prior to the completion of the land exchange between Yavapai
Ranch and the Secretary, the cities and the owners of the
camps may enter into agreements with Yavapai Ranch whereby
Yavapai Ranch, upon completion of the land exchange, will
convey to the cities or the owners of the camps the
applicable parcel of Federal land or portion thereof.
(2) If Yavapai Ranch and the cities or camp owners have not
entered into agreements in accordance with paragraph (1), the
Secretary shall, on notification by the cities or owners of
the camps no later than 30 days after the date the relevant
approved appraisal is made publicly available, delete the
applicable parcel or portion thereof from the land exchange
between Yavapai Ranch and the United States as follows:
(A) Upon request of the City of Flagstaff, Arizona, the
parcels, or portion thereof, described in section 104(a)(2).
(B) Upon request of the City of Williams, Arizona, the
parcels, or portion thereof, described in section 104(a)(3).
(C) Upon request of the City of Camp Verde, Arizona, a
portion of the parcel described in section 104(a)(4),
comprising approximately 514 acres located southeast of the
southeastern boundary of the I-17 right-of-way, and more
particularly described as the SE\1/4\ portion of the
southeast quarter 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, Township 14 North, Range 4 East, Gila and Salt
River Base and Meridian, Yavapai County, Arizona.
(D) Upon request of the owners of the Younglife Lost Canyon
camp, the parcel described in section 104(a)(5).
(E) Upon request of the owner of Friendly Pines Camp,
Patterdale Pines Camp, Camp Pearlstein, Pine Summit, or Sky Y
Camp, as applicable, the corresponding parcel described in
section 104(a)(6).
(3)(A) Upon request of the specific city or camp referenced
in paragraph (2), the Secretary shall convey to such city or
camp all right, title, and interest of the United States in
and to the applicable parcel of Federal land or portion
thereof, upon payment of the fair market value of the parcel
and subject to any terms and conditions the Secretary may
require.
(B) A conveyance under this paragraph shall not require new
administrative or environmental analyses or appraisals beyond
those prepared for the land exchange.
(4) A city or owner of a camp purchasing land under this
subsection shall reimburse Yavapai Ranch for any costs
incurred which are directly associated with surveys and
appraisals of the specific property conveyed.
(5) A conveyance of land under this subsection shall not
affect the timing of the land exchange.
(6) Nothing in this subsection limits the authority of the
Secretary or Yavapai Ranch to delete any of the parcels
referenced in this subsection from the land exchange.
(7)(A) The Secretary shall deposit the proceeds of any sale
under paragraph (2) in a special account in the fund
established under Public Law 90-171 (commonly known as the
``Sisk Act'') (16 U.S.C. 484a).
(B) Amounts deposited under subparagraph (A) shall be
available to the Secretary, without further appropriation, to
be used for the acquisition of land in the State of Arizona
for addition to the National Forest System, including the
land to be exchanged under this title.
SEC. 103. DESCRIPTION OF NON-FEDERAL LAND.
(a) In General.--The non-Federal land referred to in this
title consists of approximately 35,000 acres of privately-
owned land within the boundaries of the Prescott National
Forest, as generally depicted on the map entitled ``Yavapai
Ranch Land Exchange, Non-Federal Lands'', dated August 2004.
(b) Easements.--(1) The conveyance of non-Federal land to
the United States under section 102 shall be subject to the
reservation of--
(A) water rights and perpetual easements 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 point of use; and
(B) easements for reasonable access to accomplish the
purposes of the easements described in subparagraph (A).
(2) Each easement for an existing well referred to in
paragraph (1) shall be 40 acres in area, and to the maximum
extent practicable, centered on the existing well.
(3) The United States shall be entitled to one-half the
production of each existing or replacement well, not to
exceed a total of 3,100,000 gallons of water annually for
National Forest System purposes.
(4) The locations of the easements and wells shall be as
generally depicted on the map entitled ``Yavapai Ranch Land
Exchange, Reserved Easements for Water Lines and Wells'',
dated August 2004.
SEC. 104. DESCRIPTION OF FEDERAL LAND.
(a) In General.--The Federal land referred to in this title
consists of the following:
(1) Certain land comprising approximately 15,300 acres
located in the Prescott National Forest, as generally
depicted on the map entitled ``Yavapai Ranch Land Exchange,
Yavapai Ranch Area Federal Lands'', dated August 2004.
[[Page H10174]]
(2) Certain land located in the Coconino National Forest--
(A) comprising approximately 1,500 acres as generally
depicted on the map entitled ``Yavapai Ranch Land Exchange,
Flagstaff Federal Lands Airport Parcel'', dated August 2004;
and
(B) comprising approximately 28.26 acres in two separate
parcels, as generally depicted on the map entitled ``Yavapai
Ranch Land Exchange, Flagstaff Federal Lands Wetzel School
and Mt. Elden Parcels'', dated August 2004.
(3) Certain land located in the Kaibab National Forest, and
referred to as the Williams Airport, Williams golf course,
Williams Sewer, Buckskinner Park, Williams Railroad, and Well
parcels number 2, 3, and 4, cumulatively comprising
approximately 950 acres, as generally depicted on the map
entitled ``Yavapai Ranch Land Exchange, Williams Federal
Lands'', dated August 2004.
(4) Certain land located in the Prescott National Forest,
comprising approximately 2,200 acres, as generally depicted
on the map entitled ``Yavapai Ranch Land Exchange, Camp Verde
Federal Land General Crook Parcel'', dated August 2004.
(5) Certain land located in the Kaibab National Forest,
comprising approximately 237.5 acres, as generally depicted
on the map entitled ``Yavapai Ranch Land Exchange, Younglife
Lost Canyon'', dated August 2004.
(6) Certain land located in the Prescott National Forest,
including the ``Friendly Pines'', ``Patterdale Pines'',
``Camp Pearlstein'', ``Pine Summit'', and ``Sky Y'' camps,
cumulatively comprising approximately 200 acres, as generally
depicted on the map entitled ``Yavapai Ranch Land Exchange,
Prescott Federal Lands, Summer Youth Camp Parcels'', dated
August 2004.
(b) Condition of Conveyance of Camp Verde Parcel.--(1) To
conserve water in the Verde Valley, Arizona, and to minimize
the adverse impacts from future development of the Camp Verde
General Crook parcel described in subsection (a)(4) on
current and future holders of water rights in existence of
the date of enactment of this Act and the Verde River and
National Forest System lands retained by the United States,
the United States shall limit in perpetuity the use of water
on the parcel by reserving conservation easements that--
(A) run with the land;
(B) prohibit golf course development on the parcel;
(C) require that any public park or greenbelt on the parcel
be watered with treated wastewater;
(D) limit total post-exchange water use on the parcel to
not more than 300 acre-feet of water per year;
(E) provide that any water supplied by municipalities or
private water companies shall count towards the post-exchange
water use limitation described in subparagraph (D); and
(F) except for water supplied to the parcel by municipal
water service providers or private water companies, require
that any water used for the parcel not be withdrawn from
wells perforated in the saturated Holocene alluvium of the
Verde River.
(2) If Yavapai Ranch conveys the Camp Verde parcel
described in subsection (a)(4), or any portion thereof, the
terms of conveyance shall include a recorded and binding
agreement of the quantity of water available for use on the
land conveyed, as determined by Yavapai Ranch, except that
total water use on the Camp Verde parcel may not exceed the
amount specified in paragraph (1)(D).
(3) The Secretary may enter into a memorandum of
understanding with the State or political subdivision of the
State to enforce the terms of the conservation easement.
SEC. 105. STATUS AND MANAGEMENT OF LAND AFTER EXCHANGE.
(a) In General.--Land acquired by the United States under
this title shall become part of the Prescott National Forest
and shall be administered by the Secretary in accordance with
this title and the laws applicable to the National Forest
System.
(b) Grazing.--Where grazing on non-Federal land acquired by
the Secretary under this title occurs prior to the date of
enactment of this Act, the Secretary may manage the land to
allow for continued grazing use, in accordance with the laws
generally applicable to domestic livestock grazing on
National Forest System land.
(c) Timber Harvesting.--(1) After completion of the land
exchange under this title, except as provided in paragraph
(2), commercial timber harvesting shall be prohibited on the
non-Federal land acquired by the United States.
(2) Timber harvesting may be conducted on the non-Federal
land acquired under this title if the Secretary determines
that such harvesting is necessary--
(A) to prevent or control fires, insects, and disease
through forest thinning or other forest management
techniques;
(B) to protect or enhance grassland habitat, watershed
values, native plants and wildlife species; or
(C) to improve forest health.
SEC. 106. 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.--Subject to valid existing
rights, the Federal land is withdrawn from all forms of entry
and appropriation under the public land laws; location,
entry, and patent under the mining laws; and operation of the
mineral leasing and geothermal leasing laws, until the date
on which the land exchange is completed.
(c) Completion of Exchange.--It is the intent of Congress
that the land exchange authorized and directed under this
title be completed not later than 18 months after the date of
enactment of this Act.
SEC. 107. CONVEYANCE OF ADDITIONAL LAND.
(a) In General.--The Secretary shall convey to a person
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 person 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) Not later than 90 days after the date on
which the Secretary receives a power of attorney executed by
the person acquiring the land, the Secretary shall convey to
the person the land described in subsection (b).
(2) 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 section shall
terminate; and
(B) any conveyance of the land shall be made under Public
Law 97-465 (16 U.S.C. 521c et seq.).
TITLE II--VERDE RIVER BASIN PARTNERSHIP
SEC. 201. PURPOSE.
The purpose of this title is to authorize assistance for a
collaborative and science-based water resource planning and
management partnership for the Verde River Basin in the State
of Arizona, consisting of members that represent--
(1) Federal, State, and local agencies; and
(2) economic, environmental, and community water interests
in the Verde River Basin.
SEC. 202. DEFINITIONS.
In this title:
(1) Director.--The term ``Director'' means the Director of
the Arizona Department of Water Resources.
(2) Partnership.--The term ``Partnership'' means the Verde
River Basin Partnership.
(3) Plan.--The term ``plan'' means the plan for the Verde
River Basin required by section 204(a)(1).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(5) State.--The term ``State'' means the State of Arizona.
(6) Verde river basin.--The term ``Verde River Basin''
means the land area designated by the Arizona Department of
Water Resources as encompassing surface water and groundwater
resources, including drainage and recharge areas with a
hydrologic connection to the Verde River.
(7) Water budget.--The term ``water budget'' means the
accounting of--
(A) the quantities of water leaving the Verde River Basin--
(i) as discharge to the Verde River and tributaries;
(ii) as subsurface outflow;
(iii) as evapotranspiration by riparian vegetation;
(iv) as surface evaporation;
(v) for agricultural use; and
(vi) for human consumption; and
(B) the quantities of water replenishing the Verde River
Basin by precipitation, infiltration, and subsurface inflows.
SEC. 203. VERDE RIVER BASIN PARTNERSHIP.
(a) In General.--The Secretary may participate in the
establishment of a partnership, to be known as the ``Verde
River Basin Partnership'', made up of Federal, State, local
governments, and other entities with responsibilities and
expertise in water to coordinate and cooperate in the
identification and implementation of comprehensive science-
based policies, projects, and management activities relating
to the Verde River Basin.
(b) Authorization of Appropriations.--On establishment of
the Partnership, there are authorized to be appropriated to
the Secretary and the Secretary of the Interior such sums as
are necessary to carry out the activities of the Partnership
for each of fiscal years 2006 through 2010.
SEC. 204. VERDE RIVER BASIN STUDIES.
(a) Studies.--
(1) In general.--The Partnership shall prepare a plan for
conducting water resource studies in the Verde River Basin
that identifies--
(A) the primary study objectives to fulfill water resource
planning and management needs for the Verde River Basin; and
(B) the water resource studies, hydrologic models, surface
and groundwater monitoring networks, and other analytical
tools helpful in the identification of long-term water supply
management options within the Verde River Basin.
(2) Requirements.--At a minimum, the plan shall--
(A) include a list of specific studies and analyses that
are needed to support Partnership planning and management
decisions;
[[Page H10175]]
(B) identify any ongoing or completed water resource or
riparian studies that are relevant to water resource planning
and management for the Verde River Basin;
(C) describe the estimated cost and duration of the
proposed studies and analyses; and
(D) designate as a study priority the compilation of a
water budget analysis for the Verde Valley.
(b) Verde Valley Water Budget Analysis.--
(1) In general.--Subject to the availability of
appropriations, not later than 14 months after the date of
enactment of this Act, the Director of the U.S. Geological
Survey, in cooperation with the Director, shall prepare and
submit to the Partnership a report that provides a water
budget analysis of the portion of the Verde River Basin
within the Verde Valley.
(2) Components.--The report submitted under paragraph (1)
shall include--
(A) a summary of the information available on the
hydrologic flow regime for the portion of the Middle Verde
River from the Clarkdale streamgauging station to the city of
Camp Verde at United States Geological Survey Stream Gauge
09506000;
(B) with respect to the portion of the Middle Verde River
described in subparagraph (A), estimates of--
(i) the inflow and outflow of surface water and
groundwater;
(ii) annual consumptive water use; and
(iii) changes in groundwater storage; and
(C) an analysis of the potential long-term consequences of
various water use scenarios on groundwater levels and Verde
River flows.
(c) Preliminary Report and Recommendations.--.
(1) In general.--Not later than 16 months after the date of
enactment of this Act, using the information provided in the
report submitted under subsection (b) and any other relevant
information, the Partnership shall submit to the Secretary,
the Governor of Arizona, and representatives of the Verde
Valley communities, a preliminary report that sets forth the
findings and recommendations of the Partnership regarding the
long-term available water supply within the Verde Valley.
(2) Consideration of recommendations.--The Secretary may
take into account the recommendations included in the report
submitted under paragraph (1) with respect to decisions
affecting land under the jurisdiction of the Secretary,
including any future sales or exchanges of Federal land in
the Verde River Basin after the date of enactment of this
Act.
(3) Effect.--Any recommendations included in the report
submitted under paragraph (1) shall not affect the land
exchange process or the appraisals of the Federal land and
non-Federal land conducted under sections 103 and 104.
SEC. 205. VERDE RIVER BASIN PARTNERSHIP FINAL REPORT.
Not later than 4 years after the date of enactment of this
Act, the Partnership shall submit to the Secretary and the
Governor of Arizona a final report that--
(1) includes a summary of the results of any water resource
assessments conducted under this title in the Verde River
Basin;
(2) identifies any areas in the Verde River Basin that are
determined to have groundwater deficits or other current or
potential water supply problems;
(3) identifies long-term water supply management options
for communities and water resources within the Verde River
Basin; and
(4) identifies water resource analyses and monitoring
needed to support the implementation of management options.
SEC. 206. MEMORANDUM OF UNDERSTANDING.
The Secretary (acting through the Chief of the Forest
Service) and the Secretary of the Interior, shall enter into
a memorandum of understanding authorizing the United States
Geological Survey to access Forest Service land (including
stream gauges, weather stations, wells, or other points of
data collection on the Forest Service land) to carry out this
title.
SEC. 207. EFFECT.
Nothing in this title diminishes or expands State or local
jurisdiction, responsibilities, or rights with respect to
water resource management or control.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Colorado (Mrs. Musgrave) and the gentlewoman from the Virgin Islands
(Mrs. Christensen) each will control 20 minutes.
The Chair recognizes the gentlewoman from Colorado (Mrs. Musgrave).
General Leave
Mrs. MUSGRAVE. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days 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
gentlewoman from Colorado?
There was no objection.
Mrs. MUSGRAVE. Mr. Speaker, I yield myself such time as I may
consume.
S. 161, introduced by Senator McCain, provides for a land exchange in
the State of Arizona between the Secretary of Agriculture and the
Yavapai Ranch Limit Partnership.
This bill would consolidate the largest remaining checkerboard
ownership in Arizona. The Forest Service will receive 35,000 acres of
land and the Yavapai Ranch Limited Partnership would receive
approximately 21,000 acres of land.
This legislation also creates the Verde River Basin Partnership to
help resolve water issues. The goal of this collaborative group is to
develop a water resource management plan and submit this plan to the
Secretary of the Interior and the Governor of Arizona.
Nothing in this section would undermine State and local water laws.
In fact, this legislation's partnership is simply a forum for planning
and working together on the Verde Basin's pressing water issues. As
such, there is a very serious expectation that the partnership will
reach out to everyone in the basin's communities as it creates its
plan. Holding town meetings, meeting with all levels of local
government, and releasing draft documents for the general public's
comment are just three items that the partnership is expected to
perform.
I am confident that the partnership will truly be accountable to the
local community who lives in the backyard of the Verde River. These
local citizens have asked for and deserve the very best in having their
voices heard and this legislation will meet that need. I urge adoption
of the bill.
Mr. Speaker, I reserve the balance of my time.
{time} 1430
Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, S. 161 directs the Secretary of Agriculture to provide
for a land exchange of various parcels between the United States Forest
Service and the Yavapai Ranch Limited Partnership in Arizona.
While S. 161 is not ideal, it is an improvement upon legislation
considered by the House in the past.
Specifically, efforts were made to address water use concerns with
the Camp Verde parcel, lowering the watering use limitation from 700
acre feet per year to 300 acre feet per year. Furthermore, a parcel in
the city of Cottonwood was removed from this legislation.
Mr. Speaker, we, therefore, have no objections to S. 161.
Mr. Speaker, I yield back the balance of my time.
Mrs. MUSGRAVE. Mr. Speaker, I yield as much time as he may consume to
the gentleman from Arizona (Mr. Hayworth).
Mr. HAYWORTH. Mr. Speaker, I thank my colleague from Colorado for the
time.
Mr. Speaker, S. 161 provides for a Federal land exchange that places
some 35,000 acres of pristine ponderosa pine forest land and
biologically diverse land, much of which borders an existing wilderness
area, in the hands of the Forest Service.
This bill has been carefully crafted to ensure that the environment,
ecosystem, watershed, and forest lands of northern Arizona are
protected and preserved. I would particularly like to commend my
colleague from Arizona, Congressman Rick Renzi of the first district,
for his very hard work on this legislation.
Mr. Speaker, I know that we work here in a deliberative body, but it
is not an overstatement to say that this bill has been a long time
coming. Over half a decade ago, I originally introduced this bill in
the House, working closely with my good friend, the late Bob Stump.
For several years now, details of this bill have been negotiated and
many compromises made on all sides in order to come up with this
legislation entertained on the floor of the people's House today. I do
not believe that it gives every party everything they wanted, but it
shows that the overarching goal of preserving forest land and doing
something good for small towns and communities in Arizona has been
given the highest priority by all parties involved.
The concept of a land exchange to consolidate the Yavapai Ranch lands
just makes sense. Through this land exchange, the Federal Government
will
[[Page H10176]]
receive environmentally sensitive, pristine forest lands that truly
belong under the stewardship of the U.S. 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 forested area from future
development. Watershed management, wildlife habitat, and outdoor
recreation in the consolidated land parcel will be preserved through
this action.
Many of the land parcels the Forest Service will trade to accomplish
these goals are eagerly sought by local communities for a variety of
worthwhile civic purposes, including expansion of airports, parks, and
other municipal facilities. Also, six summer camps that currently lease
lands from the Forest Service will acquire those leased areas.
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 and perspectives have proven invaluable, and I
am confident that the bill now put forth by my colleague from Arizona
addresses every major concern that has been brought forward.
This bill makes good common sense for our forests and for our 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.
It will prove good for this generation of Arizonans, future
generations of Arizonans and for all Americans, and I join my
colleagues from both Colorado and the Virgin Islands in urging passage
of this legislation.
Mr. RENZI. Mr. Speaker, I rise in support of S. 161, the Northern
Arizona Land Exchange and Verde River Basin Partnership Act. This
legislation facilitates a land exchange in northern Arizona of private
land within the Yavapai Ranch for Forest Service land in the northern
portion of the state and establishes a water resource planning and
management partnership in the Verde River Basin.
This legislation accomplishes several goals in northern Arizona.
First, it will preserve the pristine areas within Yavapai Ranch for
wildlife and recreation, by consolidating a 110 square mile area in the
Prescott National Forest. This area is adjacent to the Juniper Mesa
Wilderness Area and will help preserve precious habitat for ponderosa
pine, alligator juniper and pronghorn antelope.
Second, the bill provides the City of Flagstaff with the opportunity
to acquire land to expand and improve Pulliam Airport. This legislation
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 by
providing economic development and affordable housing.
The Northern Arizona 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 well below their needed capacity. This legislation will
assist Williams in meeting their water challenges in the future by
providing new land for well drilling sites.
Finally, this legislation ensures that six summer youth camps,
serving between 10 and 12 thousand children a year, have the
opportunity to acquire the land and benefit from full ownership and
management of this land.
S. 161 ensures that stringent water conservation and water use
restrictions must be met for any future development. In addition, any
development must also comply with the State of Arizona's surface and
ground water laws, as well as local community planning standards.
This legislation also creates the Verde River Basin Partnership to
help resolve water issues. The goal of this collaborative group is to
develop a water resource management plan and submit this plan to the
Secretary of the Interior and the Governor of Arizona.
Nothing in this section will undermine state and local water laws. In
fact, this legislation's partnership is simply a forum for planning and
working together on the Verde Basin's pressing water issues. As such,
there is a very serious expectation that the Partnership will reach out
to everyone in the Basin's communities as it creates its Plan. Holding
town meetings, meeting with all levels of local government and
releasing draft documents for the general public's comment are just
three items that the Partnership is expected to perform.
I am confident that the Partnership will truly be accountable to the
local communities who live in the backyard of the Verde River. These
local citizens have asked for and deserve the very best in having their
voices heard and the legislation will meet that need.
This legislation will benefit the public, the many communities and
camps in northern Arizona that will receive opportunities for future
economic development, and the natural beauty of the Yavapai Ranch. In
addition, the science-based water resource planning and management
partnership created by this legislation will provide much- needed
research in this sensitive area. Bringing the Yavapai Ranch into
federal ownership is in the best interest of the public, and the Forest
Service has indicated that it would otherwise be unable to acquire
these parcels.
I urge my colleagues to support S. 161, the Northern Arizona Land
Exchange Act and Verde River Basin Partnership Act.
Mrs. MUSGRAVE. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Bishop of Utah). The question is on the
motion offered by the gentlewoman from Colorado (Mrs. Musgrave) that
the House suspend the rules and pass the Senate bill, S. 161.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill was passed.
A motion to reconsider was laid on the table.
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