Text: H.R.5513 — 107th Congress (2001-2002)All Bill Information (Except Text)

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[Congressional Bills 107th Congress]
[From the U.S. Government Printing Office]
[H.R. 5513 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  2d Session
                                H. R. 5513

_______________________________________________________________________

                                 AN ACT


 
  To provide for a land exchange in the State of Arizona between the 
 Secretary of Agriculture and Yavapai Ranch Limited Partnership and a 
 land exchange in the State of Colorado to acquire a private inholding 
       in the San Isabel National Forest, and for other purposes.

    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 ``Prescott and San Isabel National 
Forests Land Exchange Act of 2002''.

             TITLE I--YAVAPAI RANCH LAND EXCHANGE, ARIZONA

SEC. 101. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) certain parcels of private land in the approximately 
        170 square miles of land commonly known as the ``Yavapai 
        Ranch'' and located in Yavapai County, Arizona, are 
        intermingled with National Forest System land owned by the 
        United States and administered by the Secretary of Agriculture 
        as part of Prescott National Forest;
            (2) the private land is owned by the Yavapai Ranch Limited 
        Partnership and the Northern Yavapai, L.L.C. in an intermingled 
        checkerboard pattern, with the United States or Yavapai Ranch 
        Limited Partnership and the Northern Yavapai, L.L.C. owning 
        alternate square mile sections of land or fractions of square 
        mile sections;
            (3) much of the private land within the checkerboard area 
        (including the land located in or near the Pine Creek 
        watershed, Juniper Mesa Wilderness Area, Haystack Peak, and the 
        Luis Maria Baca Float No. 5) is located in environmentally 
        sensitive areas that possess outstanding attributes and values 
        for public management, use, and enjoyment, including 
        opportunities for--
                    (A) outdoor recreation;
                    (B) preservation of stands of old growth forest;
                    (C) important and largely unfragmented habitat for 
                antelope, deer, elk, mountain lion, wild turkey, and 
                other wildlife species;
                    (D) watershed protection and enhancement;
                    (E) scientific research;
                    (F) rangeland;
                    (G) ecological and archaeological resources; and
                    (H) scenic vistas;
            (4) the checkerboard ownership pattern of land within the 
        Yavapai Ranch detracts from sound and efficient management of 
        the intermingled National Forest System land;
            (5) if the private land in the checkerboard area is 
        subdivided or developed, the intermingled National Forest 
        System land will become highly fragmented and lose much of the 
        value of the land for wildlife habitat and future public 
        access, use, and enjoyment;
            (6) acquisition by the United States of certain parcels of 
        land that have been offered by Yavapai Ranch Limited 
        Partnership and the Northern Yavapai, L.L.C. for addition to 
        Prescott National Forest will serve important public 
        objectives, including--
                    (A) acquiring private land that meets the criteria 
                for inclusion in the National Forest System in exchange 
                for land with lower public, environmental, and 
                ecological values;
                    (B) consolidating a large area of National Forest 
                System land to preserve--
                            (i) permanent public access, use, and 
                        enjoyment of the land; and
                            (ii) efficient management of the land;
                    (C) minimizing cash outlays by the United States to 
                achieve the objectives described in subparagraphs (A) 
                and (B);
                    (D) significantly reducing administrative costs to 
                the United States through--
                            (i) consolidation of Federal land holdings 
                        for more efficient land management and 
                        planning;
                            (ii) elimination of approximately 350 miles 
                        of boundary between private land and the 
                        Federal parcels;
                            (iii) reduced right-of-way, special use, 
                        and other permit processing and issuance for 
                        roads and other facilities on National Forest 
                        System land; and
                            (iv) other administrative cost savings;
                    (E) significantly protecting the watershed and 
                stream flow of the Verde River in Arizona by reducing 
                the land available for future development within that 
                watershed by approximately 25,000 acres; and
                    (F) conserving the waters of the Verde River 
                through the recording of declarations restricting the 
                use of water on Federal land located near the 
                communities of Camp Verde, Cottonwood and Clarkdale to 
                be exchanged by the United States to Yavapai Ranch 
                Limited Partnership or the Northern Yavapai, L.L.C.; 
                and
            (7) Yavapai Ranch Limited Partnership and the Northern 
        Yavapai, L.L.C. have selected parcels of National Forest System 
        land that are logical for conveyance to Yavapai Ranch Limited 
        Partnership or the Northern Yavapai, L.L.C. through a land 
        exchange because the parcels--
                    (A) are located in less environmentally sensitive 
                areas than the land to be acquired by the United 
                States;
                    (B) have significantly lower recreational, 
                wildlife, ecological, aesthetic, and other public 
                purpose values than the land to be acquired by the 
                United States; and
                    (C) are encumbered by special use permits and 
                rights-of-way for a variety of purposes (including 
                summer youth camps, municipal water treatment 
                facilities, sewage treatment facilities, city parks, 
                and airport-related facilities) that--
                            (i) limit the usefulness of the parcels for 
                        general National Forest System purposes; but
                            (ii) are logical for pass-through 
                        conveyances from Yavapai Ranch Limited 
                        Partnership and the Northern Yavapai, L.L.C. to 
                        the permit or right-of-way holders.
    (b) Purpose.--The purpose of this title is to authorize, direct, 
and facilitate the exchange of Federal land and non-Federal land 
between the United States, Yavapai Ranch Limited Partnership, and the 
Northern Yavapai, L.L.C.

SEC. 102. DEFINITIONS.

    In this title:
            (1) Camp verde declaration.--The term ``Camp Verde 
        Declaration'' means the Declaration of Covenants, Conditions, 
        and Restrictions executed by Yavapai Ranch Limited Partnership 
        and the Northern Yavapai, L.L.C., on or about August 12, 2002, 
        and recorded in the official records of Yavapai County, 
        Arizona, that is intended to run with the land and imposes 
        certain water use restrictions, water source limitations, and 
        water conservation measures on the future development of the 
        land described in section 103(a)(2)(D).
            (2) Cottonwood declaration.--The term ``Cottonwood 
        Declaration'' means the Declaration of Covenants, Conditions 
        and Restrictions executed by Yavapai Ranch Limited Partnership 
        and the Northern Yavapai, L.L.C., on or about August 12, 2002, 
        and recorded in the official records of Yavapai County, 
        Arizona, that is intended to run with the land and imposes 
        certain water use restrictions, water source limitations, and 
        water conservation measures on the future development of the 
        land described in section 103(a)(2)(E).
            (3) Declarations.--The term ``Declarations'' collectively 
        means the Camp Verde Declaration and the Cottonwood 
        Declaration, both of which Congress is requiring to be recorded 
        as encumbrances on the Camp Verde Federal land described in 
        section 103(a)(2)(D) and the Cottonwood/Clarkdale Federal land 
        described in section 103(a)(2)(E) in order to conserve water 
        resources in the Verde River Valley, Arizona.
            (4) Federal land.--The term ``Federal land'' means the land 
        directed for exchange to YRLP in section 103(a)(2).
            (5) Management plan.--The term ``Management Plan'' means 
        the land and resource management plan for Prescott National 
        Forest.
            (6) Non-federal land.--The term ``non-Federal land'' means 
        the approximately 35,000 acres of non-Federal land located 
        within the boundaries of Prescott National Forest and directed 
        for exchange to the United States, as generally depicted on the 
        map entitled ``Yavapai Ranch Non-Federal Lands'', dated April 
        2002.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (8) Summer camps.--The term ``summer camps'' means Camp 
        Pearlstein and Friendly Pines, Patterdale Pines, Pine Summit, 
        Sky Y, and YoungLife Lost Canyon camps in the State of Arizona.
            (9) YRLP.--
                    (A) In general.--The term ``YRLP'' means--
                            (i) the Yavapai Ranch Limited Partnership, 
                        an Arizona Limited Partnership; and
                            (ii) the Northern Yavapai, L.L.C., an 
                        Arizona Limited Liability Company.
                    (B) Inclusions.--Except as otherwise expressly 
                provided in this title, the term ``YRLP'' includes 
                successors-in-interest, assigns, transferees, and 
                affiliates of YRLP.

SEC. 103. LAND EXCHANGE.

    (a) Conveyance of Federal Land by the United States.--
            (1) In general.--On receipt of an offer from YRLP to convey 
        the non-Federal land, the Secretary shall convey to YRLP by 
        deed acceptable to YRLP all right, title, and interest of the 
        United States in and to the Federal land described in paragraph 
        (2), subject to easements, rights-of-way, utility lines, and 
        any other valid encumbrances on the Federal land in existence 
        on the date of enactment of this Act and such other 
        reservations as may be mutually agreed to by the Secretary and 
        YRLP.
            (2) Description of federal land.--The Federal land referred 
        to in paragraph (1) shall consist of the following:
                    (A) Certain land comprising approximately 15,300 
                acres located in Yavapai County, Arizona, as generally 
                depicted on the map entitled ``Yavapai Ranch-Ranch Area 
                Federal Lands'', dated April 2002.
                    (B) Certain land in the Coconino National Forest, 
                Coconino County Arizona--
                            (i) comprising approximately 1,500 acres 
                        located in Coconino National Forest, Coconino 
                        County, Arizona, as generally depicted on the 
                        map entitled ``Flagstaff Federal Lands-Airport 
                        Parcel'', dated April 2002; and
                            (ii) comprising approximately 28.26 acres 
                        in 2 separate parcels, as generally depicted on 
                        the map entitled ``Flagstaff Federal Lands--
                        Wetzel School and Mt. Elden Parcels'', dated 
                        September 2002.
                    (C) Certain land referred to as Williams Airport, 
                Williams golf course, Williams Sewer, Buckskinner Park, 
                Williams Railroad, and Well parcels numbers 2, 3, and 
                4, comprising approximately 950 acres, all located in 
                Kaibab National Forest, Coconino County, Arizona, as 
                generally depicted on the map entitled ``Williams 
                Federal Lands'', dated April 2002.
                    (D) Certain land comprising approximately 2,200 
                acres located in Prescott National Forest, Yavapai 
                County, Arizona, as generally depicted on the map 
                entitled ``Camp Verde Federal Land--General Crook 
                Parcel'', dated April 2002, and title to which shall be 
                conveyed to Yavapai Ranch Limited Partnership or the 
                Northern Yavapai, L.L.C., but not to any successor-in-
                interest, assign, transferee or affiliate of Yavapai 
                Ranch Limited Partnership or the Northern Yavapai, 
                L.L.C., or any other person or entity holding or 
                acquiring any interest in Yavapai Ranch.
                    (E) Certain land comprising approximately 820 acres 
                located in Prescott National Forest in Yavapai County, 
                Arizona, as generally depicted on the map entitled 
                ``Cottonwood/Clarkdale Federal Lands'', dated April 
                2002, and title to which shall be conveyed to Yavapai 
                Ranch Limited Partnership or the Northern Yavapai, 
                L.L.C., but not to any successor-in-interest, assign, 
                transferee or affiliate of Yavapai Ranch Limited 
                Partnership or the Northern Yavapai, L.L.C., or any 
                other person or entity holding or acquiring any 
                interest in Yavapai Ranch.
                    (F) Certain land comprising approximately 237.5 
                acres located in Kaibab National Forest, Coconino 
                County, Arizona, as generally depicted on the map 
                entitled ``Younglife Lost Canyon'', dated April 2002.
                    (G) Certain land comprising approximately 200 acres 
                located in Prescott National Forest, Yavapai County, 
                Arizona, and including Friendly Pines, Patterdale 
                Pines, Camp Pearlstein, Pine Summit, and Sky Y, as 
                generally depicted on the map entitled ``Prescott 
                Federal Lands--Summer Youth Camp Parcels'', dated April 
                2002.
                    (H) Perpetual, unrestricted, and nonexclusive 
                easements that--
                            (i) run with and benefit land owned by or 
                        conveyed to YRLP across certain land of the 
                        United States;
                            (ii) are for--
                                    (I) the purposes of operating, 
                                maintaining, repairing, improving, and 
                                replacing electric power lines or water 
                                pipelines (including related storage 
                                tanks, valves, pumps, and hardware); 
                                and
                                    (II) rights of reasonable ingress 
                                and egress necessary for the purposes 
                                described in subclause (I);
                            (iii) are 20 feet in width; and
                            (iv) are located 10 feet on either side of 
                        each line depicted on the map entitled ``YRLP 
                        Acquired Easements for Water Lines'', dated 
                        April 2002.
            (3) Conditions.--
                    (A) Permits.--Permits or other legal occupancies of 
                the Federal land by third parties in existence on the 
                date of transfer of the Federal land to YRLP shall be 
                addressed in accordance with--
                            (i) part 254.15 of title 36, Code of 
                        Federal Regulations (or any successor 
                        regulation); and
                            (ii) other applicable laws (including 
                        regulations).
                    (B) Conveyance of certain parcels.--
                            (i) Camp verde.--Following the acquisition 
                        of the parcel described in paragraph (2)(D), 
                        YRLP shall execute and record with the Yavapai 
                        County Recorder an amended declaration in which 
                        the legal description of the land referred to 
                        in the Camp Verde Declaration is amended to 
                        conform to the legal description in paragraph 
                        (2)(D).
                            (ii) Cottonwood/clarkdale.--Following the 
                        acquisition of the parcel described in 
                        paragraph (2)(E), YRLP shall execute and record 
                        with the Yavapai County Recorder an amended 
                        declaration in which the legal description of 
                        the land referred to in the Cottonwood 
                        Declaration is amended to conform to the legal 
                        description in paragraph (2)(E).
    (b) Conveyance of Non-Federal Land by YRLP.--
            (1) In general.--On receipt of title to the Federal land, 
        YRLP shall simultaneously convey to the United States, by deed 
        acceptable to Secretary and subject to any encumbrances, all 
        right, title, and interest of YRLP in and to the non-Federal 
        land.
            (2) Easements.--
                    (A) In general.--The conveyance of non-Federal land 
                to the United States under paragraph (1) shall be 
                subject to the reservation of--
                            (i) perpetual and unrestricted easements 
                        and water rights that run with and benefit the 
                        land retained by YRLP for--
                                    (I) the operation, maintenance, 
                                repair, improvement, development, and 
                                replacement of not more than 3 existing 
                                wells;
                                    (II) related storage tanks, valves, 
                                pumps, and hardware; and
                                    (III) pipelines to points of use; 
                                and
                            (ii) easements for reasonable ingress and 
                        egress to accomplish the purposes of the 
                        easements described in clause (i).
                    (B) Existing wells.--
                            (i) In general.--Each easement for an 
                        existing well shall be--
                                    (I) 40 acres in area; and
                                    (II) to the maximum extent 
                                practicable--
                                            (aa) centered on the 
                                        existing well; and
                                            (bb) located in the same 
                                        square mile section of land.
                            (ii) Limitation.--Within a 40-acre easement 
                        described in clause (i), the United States and 
                        any permitees or licensees of the United States 
                        shall be prohibited from undertaking any 
                        activity that interferes with the use of the 
                        wells by YRLP, without the written consent of 
                        YRLP.
                            (iii) Reservation of water for the united 
                        states.--The United States shall be entitled to 
                        \1/2\ of the production of each existing well, 
                        not to exceed a total of 3,100,000 gallons of 
                        water annually, for watering wildlife and stock 
                        and for other National Forest System purposes 
                        from all 3 wells.
                    (C) Reasonable access.--Each easement for ingress 
                and egress shall be at least 20 feet in width.
                    (D) Location.--The locations of the easements and 
                wells shall be the locations generally depicted on a 
                map entitled ``YRLP Reserved Easements for Water Lines 
                and Wells'', dated April 2002.
    (c) Land Transfer Problems.--
            (1) Federal land.--If all or part of any parcels of Federal 
        land cannot be transferred to YRLP because of hazardous 
        materials, or if the proposed title to a Federal land parcel or 
        parcels or fraction thereof is unacceptable to YRLP because of 
        the existence of unpatented mining claims, or in the event of 
        the presence of threatened or endangered species or cultural or 
        historic resources which cannot be mitigated, or other third 
        party rights under the public land laws, the parcel or parcels 
        or parts thereof shall be deleted from the exchange and the 
        Secretary and YRLP may mutually agree to exchange other Federal 
        land in lieu of the deleted parcel or part thereof in 
        accordance with section 104(c). If the parcel or parcels are 
        deleted from the exchange, the non-Federal land shall be 
        adjusted in accordance with section 104(c) as necessary to 
        achieve equal value.
            (2) Non-federal land.--If 1 or more of the parcels of non-
        Federal land or a portion of such a parcel cannot be conveyed 
        to the United States because of the presence of hazardous 
        materials or because the proposed title to a parcel or a 
        portion of the parcel is unacceptable to the Secretary--
                    (A) the parcel or any portion of the parcel shall 
                be excluded from the exchange; and
                    (B) the Federal land shall be adjusted in 
                accordance with section 104(c).
    (d) Pass-Through Conveyances.--
            (1) In general.--On or after the acquisition of the Federal 
        land, YRLP may subsequently pass through or convey to the 
        cities of Flagstaff, Williams, Camp Verde, Cottonwood, and the 
        summer camps the parcels of Federal land or portions of parcels 
        located in or near the cities or summer camps.
            (2) Deletion from exchange.--If YRLP and the cities or 
        summer camps referred to in paragraph (1) have not agreed to 
        the terms and conditions of a pass-through or subsequent 
        conveyance of a parcel or portion of a parcel of Federal land 
        before the completion of the exchange, the Secretary, on notice 
        by YRLP, shall delete the parcel or any portion of the parcel 
        from the exchange, provided that any portion so deleted shall 
        be configured by the Secretary to leave the United States with 
        manageable post-exchange lands and boundaries.
            (3) Easements.--In accordance with section 120(h) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9620(h)), the United States 
        shall reserve easements in any land transferred to YRLP.

SEC. 104. EXCHANGE VALUATION, APPRAISALS, AND EQUALIZATION.

    (a) Equal Value Exchange.--The values of the non-Federal and 
Federal land directed to be exchanged under this title--
            (1) shall be equal, as determined by the Secretary; or
            (2) if the values are not equal, shall be equalized in 
        accordance with subsection (c).
    (b) Appraisals.--
            (1) In general.--The values of the Federal land and non-
        Federal land shall be determined by appraisals using the 
        appraisal standards in--
                    (A) the Uniform Appraisal Standards for Federal 
                Land Acquisitions, fifth edition (December 20, 2000); 
                and
                    (B) the Uniform Standards of Professional Appraisal 
                Practice.
            (2) Approval.--In accordance with part 254.9(a)(1) of title 
        36, Code of Federal Regulations (or any successor regulation), 
        the appraiser shall be--
                    (A) acceptable to the Secretary and YRLP; and
                    (B) a contractor, the clients of which shall be 
                both the Secretary and YRLP.
            (3) Requirements.--During the appraisal process--
                    (A) the Secretary and YRLP shall have equal access 
                to the appraiser; and
                    (B) the Secretary and YRLP shall cooperate with 
                each other and the appraiser to prepare appraisal 
                instructions which shall require the appraiser to--
                            (i) consider the effect on value of the 
                        Federal land or non-Federal land because of the 
                        existence of encumbrances on each parcel, 
                        including--
                                    (I) permitted uses on Federal land 
                                that cannot be reasonably terminated 
                                before the appraisal; and
                                    (II) facilities on Federal land 
                                that cannot be reasonably removed 
                                before the appraisal.
                            (ii) determine the value of each parcel of 
                        Federal land and non-Federal land (including 
                        the value of each individual section of the 
                        intermingled Federal and non-Federal land of 
                        the Yavapai Ranch) as an assembled transaction 
                        consistent with the applicable provisions of 
                        parts 254.5 and 254.9(b)(1)(v) of title 36, 
                        Code of Federal Regulations (or any successor 
                        regulation).
            (4) Dispute resolution.--A dispute relating to the 
        appraised values of the Federal land or non-Federal land 
        following completion of the appraisal shall be processed in 
        accordance with--
                    (A) section 206(d) of the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1716(d)); and
                    (B) part 254.10 of title 36, Code of Federal 
                Regulations (or any successor regulation).
            (5) Appraisal period.--After the final appraised values of 
        the Federal land and non-Federal land have been reviewed and 
        approved by the Secretary or otherwise determined in accordance 
        with the requirements of paragraph (4), the final appraised 
        values--
                    (A) shall not be reappraised or updated by the 
                Secretary before the completion of the land exchange; 
                and
                    (B) shall be considered to be the values of the 
                Federal land and non-Federal land on the date of the 
                transfer of title.
            (6) Availability.--The appraisals approved by the Secretary 
        shall be made available for public inspection in the Offices of 
        the Supervisors for Prescott, Coconino, and Kaibab National 
        Forests in accordance with Forest Service policy.
            (7) Allocation of changes.--For purposes of the land 
        exchange directed by this title, any change in land value 
        attributable to the conservation measures and restrictions on 
        water use under the Declarations shall be allocated 50 percent 
        to the Secretary and 50 percent to YRLP.
    (c) Equalization of Values.--
            (1) Surplus of non-federal land.--
                    (A) In general.--If, after any adjustments are made 
                to the non-Federal land or Federal land under 
                subsection (c) or (d) of section 103, the final 
                appraised value of the non-Federal land exceeds the 
                final appraised value of the Federal land, the Federal 
                land and non-Federal land shall be adjusted in 
                accordance with subparagraph (B) until the values are 
                approximately equal.
                    (B) Adjustments.--An adjustment referred to in 
                subparagraph (A) shall be accomplished by beginning at 
                the east boundary of section 30, T. 20 N., R. 6 W., 
                Gila and Salt River Base and Meridian, Yavapai County, 
                Arizona, and adding to the Federal land to be conveyed 
                to YRLP in \1/8\ section increments (N-S 64th line) and 
                lot lines across the section, while deleting from the 
                conveyance to the United States non-Federal land in the 
                same incremental portions of sections 19 and 31, T. 20 
                N., R. 6 W., Gila and Salt River Base and Meridian, 
                Yavapai County, Arizona, to establish a linear and 
                continuous boundary that runs north to south across the 
                sections.
            (2) Surplus of federal land.--
                    (A) In general.--If, after any adjustments are made 
                to the non-Federal land or Federal land under 
                subsection (c) or (d) of section 103, the final 
                appraised value of the Federal land exceeds the final 
                appraised value of the non-Federal land, the Federal 
                land and non-Federal land shall be adjusted in 
                accordance with subparagraph (B) until the values are 
                approximately equal.
                    (B) Adjustments.--Adjustments under subparagraph 
                (A) shall be made in the following order:
                            (i) Beginning at the south boundary of 
                        section 31, T. 20 N., R. 5 W., Gila and Salt 
                        River Base and Meridian, Yavapai County, 
                        Arizona, and sections 33 and 35, T. 20 N., R. 6 
                        W., Gila and Salt River Base and Meridian, 
                        Yavapai County, by adding to the non-Federal 
                        land to be conveyed to the United States in \1/
                        8\ section increments (E-W 64th line) while 
                        deleting from the conveyance to YRLP Federal 
                        land in the same incremental portions of 
                        section 32, T. 20 N., R. 5 W., Gila and Salt 
                        River Base and Meridian, Yavapai County, 
                        Arizona, and sections 32, 34, and 36, in T. 20 
                        N., R. 6 W., Gila and Salt River Base and 
                        Meridian, Yavapai County, Arizona, to establish 
                        a linear and continuous boundary that runs east 
                        to west across the sections.
                            (ii) By deleting the following parcels:
                                    (I) The Williams Sewer parcel, 
                                comprising approximately 20 acres, 
                                located in Kaibab National Forest, and 
                                more particularly described as the E\1/
                                2\NW\1/4\SE\1/4\ portion of section 21, 
                                T. 22 N., R. 2 E., Gila and Salt River 
                                Base and Meridian, Coconino County, 
                                Arizona.
                                    (II) The Williams railroad parcel, 
                                located in the Kaibab National Forest, 
                                and more particularly described as--
                                            (aa) the W\1/2\SW\1/4\ 
                                        portion of section 26, T. 22 
                                        N., R. 2 E., Gila and Salt 
                                        River Base and Meridian, 
                                        Coconino County, Arizona, 
                                        excluding any portion northeast 
                                        of the southwestern right-of-
                                        way line of the Burlington 
                                        Northern and Santa Fe Railway 
                                        (Seligman Subdivision), 
                                        comprising approximately 30 
                                        acres;
                                            (bb) the NE\1/4\NW\1/4\, 
                                        the N\1/2\SE\1/4\NW\1/4\, the 
                                        SE\1/4\SE\1/4\NW\1/4\, the 
                                        NE\1/4\, the SE\1/4\SW\1/4\, 
                                        and the SE\1/4\ portions of 
                                        section 27, T. 22 N., R. 2 E., 
                                        Gila and Salt River Base and 
                                        Meridian, Coconino County, 
                                        Arizona, excluding any portion 
                                        north of the southern right-of-
                                        way of Interstate 40 and any 
                                        portion northeast of the 
                                        southwestern right-of-way line 
                                        of the Burlington Northern and 
                                        Santa Fe Railway (Seligman 
                                        Subdivision), any portion south 
                                        of the northern right-of-way of 
                                        the Burlington Northern and 
                                        Santa Fe Railway (Phoenix 
                                        Subdivision), and any portion 
                                        within Exchange Survey No. 677, 
                                        comprising approximately 220 
                                        acres;
                                            (cc) the NE\1/4\NE\1/4\ 
                                        portion of section 34, T. 22 
                                        N., R. 2 E., Gila and Salt 
                                        River Base and Meridian, 
                                        Coconino County, Arizona, 
                                        excluding any portion southwest 
                                        of the northeastern right-of-
                                        way line of the Burlington 
                                        Northern and Santa Fe Railway 
                                        (Phoenix Subdivision), 
                                        comprising approximately 2 
                                        acres; and
                                            (dd) the N\1/2\ portion of 
                                        section 35, T. 22 N., R. 2 E., 
                                        Gila and Salt River Base and 
                                        Meridian, Coconino County, 
                                        Arizona, excluding any portion 
                                        north of the southern right-of-
                                        way line of the Burlington 
                                        Northern and Santa Fe Railway 
                                        (Seligman Subdivision) and any 
                                        portion south of the northern 
                                        right-of-way of the Burlington 
                                        Northern and Santa Fe Railway 
                                        (Phoenix Subdivision), 
                                        comprising approximately 60 
                                        acres.
                                    (III) Buckskinner Park, comprising 
                                approximately 50 acres, located in 
                                Kaibab National Forest, and more 
                                particularly described as the SW\1/
                                4\SW\1/4\, and the S\1/2\S\1/2\NW\1/
                                4\SW\1/4\ portions of section 33, T. 22 
                                N., R. 2 E., Gila and Salt River Base 
                                and Meridian, Coconino County, Arizona.
                                    (IV) The Cottonwood/Clarkdale 
                                parcel, comprising approximately 820 
                                acres, located in Prescott National 
                                Forest, and more particularly described 
                                as--
                                            (aa) lots 3, 4, 6, portions 
                                        of lots 7, 8, and 9, and the 
                                        W\1/2\NW\1/4\ and the SW\1/
                                        4\SE\1/4\ portions of section 
                                        5, T. 15 N., R. 3 E., Gila and 
                                        Salt River Base and Meridian, 
                                        Yavapai County, Arizona; and
                                            (bb) the S\1/2\S\1/2\N\1/
                                        2\NW\1/4\, the E\1/2\E\1/
                                        2\NE\1/4\NE\1/4\NW\1/4\, the 
                                        E\1/2\NE\1/4\SE\1/4\NE\1/
                                        4\NW\1/4\, the NW\1/4\NE\1/4\, 
                                        the S\1/2\NE\1/4\, the S\1/
                                        2\NW\1/4\, and the S\1/2\ 
                                        portions of section 8, T. 15 
                                        N., R. 3 E., Gila and Salt 
                                        River Base and Meridian, 
                                        Yavapai County, Arizona.
                                    (V) The Wetzel school parcel, 
                                comprising approximately 10.89 acres, 
                                located in Coconino National Forest, 
                                and more particularly described as lot 
                                9 of section 11, T. 21 N., R. 7 E., 
                                Gila and Salt River Base and Meridian, 
                                Coconino County, Arizona.
                                    (VI) The Mt. Eldon parcel, 
                                comprising approximately 17.21 acres, 
                                located in Coconino National Forest, 
                                and more particularly described as lot 
                                7 of section 7, T. 21 N., R. 8 E., Gila 
                                and Salt River Base and Meridian, 
                                Coconino County, Arizona.
                                    (VII) A portion of the Camp Verde 
                                parcel, comprising approximately 316 
                                acres, located in Prescott National 
                                Forest, and more particularly described 
                                as the NENE\1/4\ and lots 1, 5, and 6 
                                of section 26, and the N\1/2\N\1/2\ of 
                                section 27, T. 14 N., R. 4 E., Gila and 
                                Salt River Base and Meridian, Yavapai 
                                County, Arizona.
                                    (VIII) A portion of the Camp Verde 
                                parcel, comprising approximately 314 
                                acres, located in Prescott National 
                                Forest, and more particularly described 
                                as the SENE\1/4\ and lots 2, 7, 8, and 
                                9 of section 26, and the S\1/2\N\1/2\ 
                                of section 27, T. 14 N., R. 4 E., Gila 
                                and Salt River Base and Meridian, 
                                Yavapai County, Arizona.
                    (C) Modifications.--The descriptions of land and 
                acreage provided in subclauses (III), (IV), and (V) of 
                subparagraph (B)(ii) may be modified to conform with a 
                survey approved by the Bureau of Land Management.
            (3) Additional equalization of values.--If, after the 
        values are adjusted in accordance with paragraph (1) or (2), 
        the values of the Federal land and non-Federal land are not 
        equal, then the Secretary and YRLP may by mutual agreement 
        adjust the acreage of the Federal land and non-Federal land 
        until the values of that land are equal.
    (d) Cash Equalization.--
            (1) In general.--After the values of the non-Federal and 
        Federal land are equalized to the maximum extent practicable 
        under subsection (c), any balance due to the Secretary or to 
        YRLP shall be paid--
                    (A) through cash equalization payments under 
                section 206(b) of the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1716(b)); or
                    (B) in accordance with standards established by the 
                Secretary and YRLP.
            (2) Limitation.--
                    (A) In general.--YRLP shall not be required to make 
                any cash equalization payment to the Secretary in an 
                amount that exceeds $50,000.
                    (B) Adjustments.--If the value of the Federal land 
                exceeds the value of the non-Federal land by more than 
                $50,000, the Secretary and YRLP shall by mutual 
                agreement delete additional Federal land from the 
                exchange until the values of the Federal land and non-
                Federal land are equal.
                    (C) Deposit.--Any money received by the United 
                States under this title shall, without further 
                appropriation, be deposited in a fund established under 
                Public Law 90-171 (16 U.S.C. 484(a); commonly known as 
                the Sisk Act) for the acquisition of land or interests 
                in land for National Forest System purposes in the 
                State of Arizona.

SEC. 105. MISCELLANEOUS PROVISIONS.

    (a) Revocation of Orders.--Any public orders withdrawing any of the 
Federal land from appropriation or disposal under the public land laws 
are revoked to the extent necessary to permit disposal of the Federal 
land.
    (b) Withdrawal of Federal Land.--The Federal land is withdrawn from 
all forms of entry and appropriation under the public land laws, 
including the mining and mineral leasing laws and the Geothermal Steam 
Act of 1970 (30 U.S.C. 1001 et seq.), until the date on which the 
exchange of Federal land and non-Federal land is completed.
    (c) Surveys, Inventories, and Clearances.--Before completing the 
exchange of Federal land and non-Federal land directed by this title, 
the Secretary shall carry out land surveys and preexchange inventories, 
clearances, reviews, and approvals relating to hazardous materials, 
threatened and endangered species, cultural and historic resources, and 
wetlands and floodplains.
    (d) Costs of Implementing the Exchange.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary shall be responsible for any costs of implementing 
        the exchange of Federal land and non-Federal land.
            (2) Exceptions.--Subject to paragraph (3), YRLP shall be 
        responsible for paying--
                    (A) 100 percent of the costs of--
                            (i) conducting the appraisals of the 
                        Federal land and non-Federal land;
                            (ii) the preparation of necessary land 
                        surveys and verified legal descriptions of the 
                        Federal land and non-Federal land; and
                            (iii) title insurance; and
                    (B) 50 percent of the costs of--
                            (i) conducting cultural and historic 
                        resource surveys;
                            (ii) conducting surveys of hazardous 
                        materials;
                            (iii) escrow; and
                            (iv) publication of notice of the proposed 
                        exchange.
            (3) Limitations.--
                    (A) In general.--YRLP shall not pay more than 
                $500,000 of the costs described in paragraph (2).
                    (B) Credit.--Any costs paid by YRLP for cultural or 
                historic resource surveys before the date of enactment 
                of this Act shall be credited against the maximum 
                amount required to be paid by YRLP under subparagraph 
                (A).
            (4) Reimbursement.--No amount paid by YRLP under this 
        subsection shall be eligible for reimbursement under section 
        206(f) of the Federal Land Policy and Management Act of 1976 
        (43 U.S.C. 1716(f)).
    (e) Timing.--It is the intent of Congress that the exchange of 
Federal land and non-Federal land directed by this title be completed 
not later than 1 year after the date of enactment of this Act.
    (f) Contractors.--
            (1) In general.--If the Secretary lacks adequate staff or 
        resources to complete the exchange by the date referred to in 
        subsection (e), or if the costs described in subsection (d)(2) 
        exceed the limitation described in subsection (d)(3), the 
        Secretary shall reimburse YRLP for the costs of 1 or more 
        independent third party contractors, subject to the approval of 
        the Secretary and YRLP, to carry out any activities necessary 
        to complete the exchange by that date.
            (2) Credits.--If the Secretary lacks funds with which to 
        reimburse YRLP in accordance with paragraph (1), the Secretary 
        shall credit any amounts paid by YRLP to third party 
        independent contractors against the value of the Federal land 
        in accordance with section 206(f) of the Federal Land Policy 
        and Management Act of 1976 (43 U.S.C. 1716(f)).

SEC. 106. STATUS AND MANAGEMENT OF LAND AFTER EXCHANGE.

    (a) In General.--Non-Federal land acquired by the United States 
under this title--
            (1) shall become part of the Prescott National Forest; and
            (2) shall be administered by the Secretary in accordance 
        with--
                    (A) this title; and
                    (B) the laws (including regulations) applicable to 
                the National Forest System.
    (b) Management Plan.--
            (1) In general.--Acquisition of the land authorized by this 
        title shall not, of itself, require a revision or amendment to 
        the Management Plan for Prescott National Forest.
            (2) Amendment or revision of plan.--If the Management Plan 
        is amended or revised after the date of acquisition of non-
        Federal land under this title, the Management Plan shall be 
        amended to reflect the acquisition of the non-Federal land.
    (c) Post-Exchange Management of Certain Land.--
            (1) In general.--Following its acquisition by the United 
        States, the non-Federal land acquired by the United States and 
        adjoining National Forest System land shall be managed in 
        accordance with paragraphs (2) through (6), and the laws, 
        rules, and regulations generally applicable to the National 
        Forest System.
            (2) Protection of natural resources.--The land shall be 
        managed in a manner that maintains the species, character, and 
        natural values of the land, including--
                    (A) deer, pronghorn antelope, wild turkey, mountain 
                lion, and other resident wildlife and native plant 
                species;
                    (B) suitability for livestock grazing; and
                    (C) aesthetic values.
            (3) Grazing.--Each area located in the Yavapai Ranch 
        grazing allotment as of the date of enactment of this Act 
        shall--
                    (A) remain in the Yavapai Ranch grazing allotment; 
                and
                    (B) continue to be subject to grazing in accordance 
                with the laws, rules, and regulations generally 
                applicable to domestic livestock grazing on National 
                Forest System land.
            (4) Roads.--
                    (A) Improvement and maintenance.--The Secretary 
                shall maintain or improve a system of roads and trails 
                on the land to provide opportunities for hunting, 
                motorized and nonmotorized recreation, and other uses 
                of the land by the public.
                    (B) Public access road.--
                            (i) Construction.--The Secretary shall 
                        improve or construct a public access road 
                        linking Forest Road 7 (Pine Creek Road) to 
                        Forest Road 1 (Turkey Canyon Road) through 
                        portions of sections 33, 32, 31, and 30, T. 19 
                        N., R. 6 W., Gila and Salt River Base and 
                        Meridian.
                            (ii) Existing road.--The existing road 
                        linking Pine Creek and Gobbler Knob--
                                    (I) shall remain open until the 
                                date on which the new public access 
                                road is completed; and
                                    (II) after the date on which the 
                                new public access road is completed, 
                                shall be obliterated.
                    (C) Easements.--
                            (i) In general.--Simultaneously with 
                        completion of the land exchange directed by 
                        this title, the Secretary and YRLP shall 
                        mutually grant to each other at no charge 
                        reciprocal easements for ingress, egress, and 
                        utilities across, over, and through--
                                    (I) the routes depicted on the map 
                                entitled ``Road and Trail Easements--
                                Yavapai Ranch Area'' dated April 2002; 
                                and any other inholdings retained by 
                                the United States or YRLP; or
                                    (II) any relocated routes that are 
                                mutually agreed to by the Secretary and 
                                YRLP.
                            (ii) Requirements.--Easements granted under 
                        this subparagraph shall be unlimited, 
                        perpetual, and nonexclusive in nature, and 
                        shall run with and benefit the land of the 
                        grantee.
                            (iii) Rights of grantee.--The rights of the 
                        grantee shall extend to--
                                    (I) in the case of YRLP, any 
                                successors-in-interest, assigns, and 
                                transferees of YRLP; and
                                    (II) in the case of the Secretary, 
                                members of the general public, as 
                                determined to be appropriate by the 
                                Secretary.
            (5) Timber harvesting.--
                    (A) In general.--Except as provided in subparagraph 
                (B), timber harvesting for commodity production shall 
                be prohibited on the land.
                    (B) Exceptions.--Timber harvesting may be conducted 
                on the land if the Secretary determines that timber 
                harvesting is necessary--
                            (i) to prevent or control fires, insects, 
                        and disease through forest thinning or other 
                        forest management techniques; or
                            (ii) to protect or enhance grassland 
                        habitat, watershed values, or native plants, 
                        trees, and wildlife species.
            (6) Water improvements.--Nothing in this title prohibits 
        the Secretary from authorizing or constructing new water 
        improvements in accordance with the laws, rules, and 
        regulations applicable to water improvements on National Forest 
        System land for--
                    (A) the benefit of domestic livestock or wildlife 
                management; or
                    (B) the improvement of forest health or forest 
                restoration.
    (d) Maps.--
            (1) In general.--The Secretary and YRLP may correct any 
        minor errors in the maps of, legal descriptions of, or 
        encumbrances on the Federal land or non-Federal land.
            (2) Discrepancy.--In the event of any discrepancy between a 
        map, acreage, and a legal description, the map shall prevail 
        unless the Secretary and YRLP agree otherwise.
            (3) Availability.--The Declarations and all maps referred 
        to in this title shall be on file and available for inspection 
        in the Office of the Supervisor, Prescott National Forest, 
        Prescott, Arizona.
    (e) Effect.--Nothing in this title precludes, prohibits, or 
otherwise restricts YRLP from subsequently granting, conveying, or 
otherwise transferring title to the Federal land after its acquisition 
of the Federal land and recordation of the Declarations and any 
conforming amendments to the Declarations.
    (f) Encroachment Land in Flagstaff.--
            (1) In general.--The Secretary shall convey by quitclaim 
        deed lot 8 in section 11, T. 21 N., R. 7 E., Gila and Salt 
        River Base and Meridian, Coconino County, Arizona, to a single 
        individual or entity, either of which represent the majority of 
        landowners with encroachments on such lot.
            (2) Payment to the united states.--In consideration of the 
        conveyance directed by paragraph (1), the individual or entity 
        representing the majority of landowners with encroachments on 
        lot 8 shall pay to the Secretary the sum of $2500 plus any 
        costs of re-monumenting the boundary of lot 8.
            (3) Timing.--The Secretary shall convey lot 8 in accordance 
        with this subsection within 90 days of receipt of powers of 
        attorney executed to a single individual or entity representing 
        the majority of landowners with encroachments on lot 8. If the 
        powers of attorney are not delivered to the Secretary within 
        270 days of the date of enactment of this Act, the 
        authorization under this subsection shall expire and, 
        thereafter, any conveyances shall be made under Public Law 97-
        465 (16 U.S.C. 521c et seq.).

      TITLE II--SAN ISABEL NATIONAL FOREST LAND EXCHANGE, COLORADO

SEC. 201. LAND EXCHANGE, SAN ISABEL NATIONAL FOREST, COLORADO.

    (a) Exchange Required.--In exchange for the private property 
described in subsection (b), the Secretary of Agriculture shall convey 
to E. Michael Senter of Buena Vista, Colorado (in this section referred 
to as the ``recipient''), all right, title, and interest of the United 
States in and to a parcel of real property consisting of approximately 
2.2 acres in the San Isabel National Forest, Colorado, as generally 
depicted on the map entitled ``Senter Exchange'' , dated September 20, 
2002. The conveyance under this subsection shall be made upon the 
receipt by the Secretary of a binding offer for the conveyance of title 
acceptable to the Secretary to the property described in subsection 
(b).
    (b) Consideration.--As consideration for the property to be 
conveyed by the Secretary under subsection (a), the recipient shall 
convey to the Secretary a parcel of real property consisting of 
approximately 2.0 acres located within the boundaries of the San Isabel 
National Forest. This parcel is also generally depicted on the map 
referred to in subsection (a).
    (c) Equal Value Exchange; Appraisal.--The values of the properties 
to be exchanged under this section shall be equal or equalized as 
provided in subsection (d). The value of the properties shall be 
determined through an appraisal performed by a qualified appraiser 
mutually agreed to by the Secretary and the recipient. The appraisal 
shall be performed in conformance with the Uniform Appraisal Standards 
for Federal Land Acquisitions (Department of Justice, December 2000) 
and shall be completed not later than 120 days after the date of the 
enactment of this Act.
    (d) Cash Equalization.--Any difference in the value of the 
properties to be exchanged under this section shall be equalized 
through the making of a cash equalization payment. The Secretary shall 
deposit any cash equalization payment received by the Secretary under 
this subsection in the fund established by Public Law 90-171 (commonly 
known as the Sisk Act; 16 U.S.C. 484a).
    (e) Payment of Costs.--All direct costs associated with the 
conveyances under this section, including the costs of appraisal, 
title, and survey work, shall be borne by the Secretary.
    (f) Administration of Acquired Land.--The property acquired by the 
Secretary under this section shall become part of the San Isabel 
National Forest and be administered as such in accordance with the 
laws, rules, and regulations generally applicable to the National 
Forest System.

            Passed the House of Representatives November 15 
      (legislative day, November 14), 2002.

            Attest:

                                                                 Clerk.
107th CONGRESS

  2d Session

                               H. R. 5513

_______________________________________________________________________

                                 AN ACT

  To provide for a land exchange in the State of Arizona between the 
 Secretary of Agriculture and Yavapai Ranch Limited Partnership and a 
 land exchange in the State of Colorado to acquire a private inholding 
       in the San Isabel National Forest, and for other purposes.