Text: S.161 — 109th Congress (2005-2006)All Information (Except Text)

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Public Law No: 109-110 (11/22/2005)

 
[109th Congress Public Law 110]
[From the U.S. Government Printing Office]


[DOCID: f:publ110.109]

[[Page 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 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 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 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 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 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 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 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 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 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 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:
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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.

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