[United States Statutes at Large, Volume 119, 109th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

119 STAT. 2351

Public Law 109-110
109th Congress

An Act


 
To provide for a land exchange in the State of Arizona between the
Secretary of Agriculture and Yavapai Ranch Limited
Partnership.  NOTE: Nov. 22, 2005 -  [S. 161]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress  NOTE: Northern Arizona Land
Exchange and Verde River Basin Partnership Act of 2005.  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.

[[Page 2352]]
119 STAT. 2352

(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 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,

[[Page 2353]]
119 STAT. 2353

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)  NOTE: Applicability.  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)  NOTE: Notice.  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)  NOTE: Records.  The Secretary shall also provide copies of
any approved appraisals to the cities and the owners of the camps
described in section 101(1).

[[Page 2354]]
119 STAT. 2354

(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)  NOTE: Deadline. Public information.  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,

[[Page 2355]]
119 STAT. 2355

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).

[[Page 2356]]
119 STAT. 2356

(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.
(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)  NOTE: Conservation.  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

[[Page 2357]]
119 STAT. 2357

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

[[Page 2358]]
119 STAT. 2358

and geothermal leasing laws, until the date on which the land exchange
is completed.
(c)  NOTE: Deadline.  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.  NOTE: Conservation.  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.

[[Page 2359]]
119 STAT. 2359

(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;
(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.--

[[Page 2360]]
119 STAT. 2360

(1)  NOTE: Deadline. Reports.  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 United
States 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

[[Page 2361]]
119 STAT. 2361

(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.

Approved November 22, 2005.

LEGISLATIVE HISTORY--S. 161:
---------------------------------------------------------------------------

SENATE REPORTS: No. 109-40 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 151 (2005):
July 26, considered and passed Senate.
Nov. 15, considered and passed House.