[House Report 108-379]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-379
======================================================================
NORTHERN ARIZONA NATIONAL FOREST LAND EXCHANGE ACT OF 2003
_______
November 18, 2003.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 2907]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 2907) to provide for a land exchange in the State of
Arizona between the Secretary of Agriculture and Yavapai Ranch
Limited Partnership, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northern Arizona National Forest Land
Exchange Act of 2003''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) certain parcels of private land in the approximately 170
square miles of land commonly known as the ``Yavapai Ranch''
and located in Yavapai County, Arizona, are intermingled with
National Forest System land owned by the United States and
administered by the Secretary of Agriculture as part of
Prescott National Forest;
(2) the private land is owned by the Yavapai Ranch Limited
Partnership and the Northern Yavapai, L.L.C., in an
intermingled checkerboard pattern, with the United States or
Yavapai Ranch Limited Partnership and the Northern Yavapai,
L.L.C., owning alternate square mile sections of land or
fractions of square mile sections;
(3) a significant portion of the private land within the
checkerboard area (including the land located in or near the
Pine Creek watershed, Juniper Mesa Wilderness Area, Haystack
Peak, and the Luis Maria Baca Float No. 5) is located in
environmentally valuable areas that possess attributes for
public management, use, and enjoyment, including--
(A) outdoor recreation;
(B) preservation of stands of old growth forest;
(C) largely unfragmented habitat for antelope, deer,
elk, mountain lion, wild turkey, and other wildlife
species;
(D) scientific research;
(E) rangeland;
(F) cultural and archaeological resources; and
(G) scenic vistas;
(4) the checkerboard ownership pattern of private and public
land within Prescott National Forest impedes sound and
efficient management of the intermingled National Forest System
land;
(5) if the private land in the checkerboard area is
subdivided or developed, the intermingled National Forest
System land will become highly fragmented and lose much of the
value of the land for wildlife habitat and future public
access, use, and enjoyment;
(6) acquisition by the United States of certain parcels of
land that have been offered by Yavapai Ranch Limited
Partnership and the Northern Yavapai, L.L.C., for addition to
Prescott National Forest will serve important public
objectives, including--
(A) acquiring private land that meets the criteria
for inclusion in the National Forest System in exchange
for land with lower public, environmental, and
ecological values;
(B) consolidating a large area of National Forest
System land to preserve--
(i) permanent public access, use, and
enjoyment of the land; and
(ii) efficient management of the land;
(C) minimizing cash outlays by the United States to
achieve the objectives described in subparagraphs (A)
and (B); and
(D) reducing administrative costs to the United
States through--
(i) consolidation of Federal land holdings
for more efficient land management and
planning;
(ii) elimination of approximately 350 miles
of boundary between private land and the
Federal parcels; and
(iii) reduction of right-of-way, special use,
and other permit processing and issuance for
roads and other facilities on National Forest
System land;
(7) parcels of National Forest System land have been
identified for conveyance to Yavapai Ranch Limited Partnership
or the Northern Yavapai, L.L.C., through a land exchange
because the parcels--
(A) have significantly lower recreational, wildlife,
ecological, and other public purpose values than the
land to be acquired by the United States; and
(B) are encumbered by special use permits and rights-
of-way for a variety of purposes (including summer
youth camps, municipal water treatment facilities,
sewage treatment facilities, city parks, and airport-
related facilities) that--
(i) limit the usefulness of the parcels for
general National Forest System purposes; but
(ii) are logical for pass-through conveyances
from Yavapai Ranch Limited Partnership and the
Northern Yavapai, L.L.C., to the permit or
right-of-way holders; and
(8) because there are limited water resources on the National
Forest System land available for future water users and the
unlimited use of the water resources would have adverse long-
term impacts on existing and future water users and State water
right holders and the Verde River and National Forest System
land conveyed by the United States, limits on water use should
be established on the National Forest System land that--
(A) is located near the communities of Camp Verde,
Cottonwood, and Clarkdale; and
(B) is to be conveyed by the United States to Yavapai
Ranch Limited Partnership or the Northern Yavapai,
L.L.C.
(b) Purpose.--The purpose of this Act is to authorize, direct, and
facilitate the exchange of Federal land and non-Federal land between
the United States, Yavapai Ranch Limited Partnership, and the Northern
Yavapai, L.L.C.
SEC. 3. DEFINITIONS.
In this Act:
(1) Camp.--The term ``camp'' means Camp Pearlstein, Friendly
Pines, Patterdale Pines, Pine Summit, Sky Y, and YoungLife Lost
Canyon camps in the State of Arizona.
(2) Federal land.--The term ``Federal land'' means the land
described in section 4(a)(2).
(3) Management plan.--The term ``Management Plan'' means the
land and resource management plan for Prescott National Forest.
(4) Non-federal land.--The term ``non-Federal land'' means
the approximately 35,000 acres of non-Federal land located
within the boundaries of Prescott National Forest, as generally
depicted on the map entitled ``Yavapai Ranch Land Exchange Non-
Federal Lands'', dated April 2002.
(5) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
(6) Yavapai ranch.--The term ``Yavapai Ranch'' means--
(A) the Yavapai Ranch Limited Partnership, an Arizona
Limited Partnership; and
(B) the Northern Yavapai, L.L.C., an Arizona Limited
Liability Company.
SEC. 4. LAND EXCHANGE.
(a) Conveyance of Federal Land by the United States.--
(1) In general.--On receipt of an offer from Yavapai Ranch to
convey the non-Federal land, the Secretary shall convey to
Yavapai Ranch by deed acceptable to Yavapai Ranch, subject to
easements, rights-of-way, utility lines, and any other valid
encumbrances on the Federal land in existence on the date of
enactment of this Act and any other reservations that may be
agreed to by the Secretary and Yavapai Ranch, all right, title,
and interest of the United States in and to the Federal land
described in paragraph (2).
(2) Description of federal land.--The Federal land referred
to in paragraph (1) shall consist of the following:
(A) Certain land comprising approximately 15,300
acres located in Yavapai County, Arizona, as generally
depicted on the map entitled ``Yavapai Ranch Land
Exchange Area Federal Lands'', dated April 2002.
(B) Certain land in the Coconino National Forest,
Coconino County Arizona--
(i) comprising approximately 1,500 acres
located in Coconino National Forest, Coconino
County, Arizona, as generally depicted on the
map entitled ``Yavapai Ranch Land Exchange
Flagstaff Federal Lands-Airport Parcel'', dated
April 2002; and
(ii) comprising approximately 28.26 acres in
2 separate parcels, as generally depicted on
the map entitled ``Yavapai Ranch Land Exchange
Flagstaff Federal Lands--Wetzel School and Mt.
Elden Parcels'', dated September 2002.
(C) Certain land referred to as Williams Airport,
Williams golf course, Williams Sewer, Buckskinner Park,
Williams Railroad, and Well parcels numbers 2, 3, and
4, comprising approximately 950 acres, located in
Kaibab National Forest, Coconino County, Arizona, as
generally depicted on the map entitled ``Yavapai Ranch
Land Exchange Williams Federal Lands'', dated April
2002.
(D) Certain land comprising approximately 2,200 acres
located in Prescott National Forest, Yavapai County,
Arizona, as generally depicted on the map entitled
``Yavapai Ranch Land Exchange Camp Verde Federal Land--
General Crook Parcel'', dated April 2002.
(E) Certain land comprising approximately 820 acres
located in Prescott National Forest in Yavapai County,
Arizona, as generally depicted on the map entitled
``Yavapai Ranch Land Exchange Camp Verde Federal
Lands--Cottonwood/Clarkdale Parcel'', dated April 2002.
(F) Certain land comprising approximately 237.5 acres
located in Kaibab National Forest, Coconino County,
Arizona, as generally depicted on the map entitled
``Yavapai Ranch Land Exchange Younglife/Lost Canyon'',
dated April 2002.
(G) Certain land comprising approximately 200 acres
located in Prescott National Forest, Yavapai County,
Arizona, and including Friendly Pines, Patterdale
Pines, Camp Pearlstein, Pine Summit, and Sky Y, as
generally depicted on the map entitled ``Yavapai Ranch
Land Exchange Prescott Federal Lands--Summer Youth Camp
Parcels'', dated April 2002.
(H) Perpetual, unrestricted, and nonexclusive
easements that--
(i) run with and benefit land owned by or
conveyed to Yavapai Ranch across certain land
of the United States;
(ii) are for the purposes of--
(I) operating, maintaining,
repairing, improving, and replacing
electric power lines or water pipelines
(including related storage tanks,
valves, pumps, and hardware); and
(II) providing rights of reasonable
ingress and egress necessary for the
activities described in subclause (I);
(iii) are 20 feet in width; and
(iv) are located 10 feet on either side of
each line depicted on the map entitled
``Yavapai Ranch Land Exchange YRLP Acquired
Easements for Water Lines'', dated April 2002.
(3) Conditions.--
(A) Permits.--Permits or other legal occupancies of
the Federal land by third parties in existence on the
date of transfer of the Federal land to Yavapai Ranch
shall be addressed in accordance with--
(i) part 254.15 of title 36, Code of Federal
Regulations (or any successor regulation); and
(ii) other applicable laws (including
regulations).
(B) Establishment of conservation easements on
certain parcels.--
(i) In general.--To conserve water in the
Verde Valley, Arizona, and to minimize the
adverse impacts from future development of the
parcels described in subparagraphs (D) and (E)
of paragraph (2) on current and future users of
water and holders of water rights in existence
on the date of enactment of this Act and the
Verde River and National Forest System land
retained by the United States, the United
States shall limit in perpetuity the use of
water on the parcels by establishing
conservation easements that--
(I) prohibit golf course development
on the parcels;
(II) require that public parks and
greenbelts on the parcels be watered
with treated effluent;
(III)(aa) with respect to the parcel
described in paragraph (2)(D), limit
total post-exchange water use to not
more than 700 acre-feet of water per
year; and
(bb) with respect to the parcel
described in paragraph (2)(E), limit
total post-exchange water use to not
more than 150 acre-feet of water per
year; and
(IV) require that any water used for
the parcels not be withdrawn from wells
perforated in the Holocene alluvium of
the Verde River unless supplied by
municipalities or private water
companies; however any water supplied
by municipalities or private water
companies shall count toward the water
use limitations set out in the
preceding subclauses (III)(aa) and
(III)(bb).
(ii) Recordation.--The conservation easements
described in clause (i) shall be recorded in
the title to parcels described in subparagraphs
(D) and (E) of paragraph (2) that are conveyed
by the Secretary to Yavapai Ranch.
(iii) Subsequent conveyance.--
(I) In general.--On acquisition of
title to the parcels described in
subparagraphs (D) and (E) of paragraph
(2), Yavapai Ranch may convey all or a
portion of the parcels to 1 or more
successors-in-interest.
(II) Water use apportionment.--A
conveyance under subclause (I) shall,
in accordance with the terms described
in clause (i), include a recorded and
binding agreement on the amount of
water available for use on the parcel
or portion of the parcel conveyed, as
determined by the Yavapai Ranch.
(iv) Enforcement.--The Secretary shall enter
into an assignment with a political subdivision
of the State of Arizona authorizing the
political subdivision to enforce the terms
described in clause (i) in any manner provided
by law. Until such time as the Secretary
executes the assignment, the Secretary shall
hold the conservation easements.
(v) Liability.--
(I) In general.--Any action for a
breach of the terms of the conservation
easements described in clause (i) shall
be against the owner or owners of the
parcel or portion of the parcel, at the
time of the breach, whose action or
failure to act has resulted in the
breach.
(II) Hold harmless.--To the extent
that the United States or a successor-
in-interest to the United States no
longer holds title to the parcels or
any portion of the parcels described in
subparagraph (D) or (E) of paragraph
(2), the United States or such
successor-in-interest shall be held
harmless from damages or injuries
attributable to any breach of the terms
of the conservation easements described
in clause (i) by a subsequent
successor-in-interest.
(b) Conveyance of Non-Federal Land by Yavapai Ranch.--
(1) In general.--On receipt of title to the Federal land,
Yavapai Ranch shall simultaneously convey to the United States,
by deed acceptable to Secretary and subject to any
encumbrances, all right, title, and interest of Yavapai Ranch
in and to the non-Federal land.
(2) Easements.--
(A) In general.--The conveyance of non-Federal land
to the United States under paragraph (1) shall be
subject to the reservation of--
(i) perpetual and unrestricted easements and
water rights that run with and benefit the land
retained by Yavapai Ranch for--
(I) the operation, maintenance,
repair, improvement, development, and
replacement of not more than 3 wells in
existence on the date of enactment of
this Act;
(II) related storage tanks, valves,
pumps, and hardware; and
(III) pipelines to points of use; and
(ii) easements for reasonable ingress and
egress to accomplish the purposes of the
easements described in clause (i).
(B) Existing wells.--
(i) In general.--Each easement for an
existing well shall be--
(I) 40 acres in area; and
(II) to the maximum extent
practicable--
(aa) centered on the existing
well; and
(bb) located in the same
square mile section of land.
(ii) Limitation.--Within a 40-acre easement
described in clause (i), the United States and
any permitees or licensees of the United States
shall be prohibited from undertaking any
activity that interferes with the use of the
wells by Yavapai Ranch, without the written
consent of Yavapai Ranch.
(iii) Reservation of water for the united
states.--The United States shall be entitled to
\1/2\ the production of each existing or
replacement well, not to exceed a total of
3,100,000 gallons of water annually, for
watering wildlife and stock and for other
National Forest System purposes from the 3
wells.
(C) Reasonable access.--Each easement for ingress and
egress shall be at least 20 feet in width.
(D) Location.--The locations of the easements and
wells shall be the locations generally depicted on a
map entitled ``Yavapai Ranch Land Exchange YRLP
Reserved Easements for Waterlines and Wells'', dated
April 2002.
(c) Land Transfer Problems.--
(1) Federal land.--If a parcel of Federal land (or a portion
of the parcel) cannot be conveyed to Yavapai Ranch because of
the presence of hazardous materials or if the proposed title to
a parcel of Federal land (or a portion of the parcel) is
unacceptable to Yavapai Ranch because of the presence of
threatened or endangered species, cultural or historic
resources, unpatented mining claims, or other third party
rights under public land laws--
(A) the parcel of Federal land or portion of the
parcel shall be excluded from the exchange; and
(B) the non-Federal land shall be adjusted in
accordance with section 5(c).
(2) Non-federal land.--If 1 or more of the parcels of non-
Federal land or a portion of such a parcel cannot be conveyed
to the United States because of the presence of hazardous
materials or if the proposed title to a parcel or a portion of
the parcel is unacceptable to the Secretary--
(A) the parcel of non-Federal land or portion of the
parcel shall be excluded from the exchange; and
(B) the Federal land shall be adjusted in accordance
with section 5(c).
(d) Conveyance of Federal Land to Cities and Camps.--
(1) In general.--Following the acquisition of the Federal
land, Yavapai Ranch shall convey to the cities of Flagstaff,
Williams, and Camp Verde and the camps the parcels of Federal
land or portions of parcels located in or near the cities or
camps under any terms agreed to by Yavapai Ranch, the cities,
and camps before the date on which the exchange is completed.
(2) Deletion from exchange.--If Yavapai Ranch and the cities
or camps referred to in paragraph (1) have not agreed to the
terms and conditions of a subsequent conveyance of a parcel or
portion of a parcel of Federal land before the completion of
the exchange, the Secretary, on notification by Yavapai Ranch,
the cities, or camps, shall delete the parcel or any portion of
the parcel from the exchange. Any parcel or portion of a parcel
to be deleted may be configured by the Secretary to leave the
United States with manageable post-exchange land and
boundaries.
(3) Easements.--In accordance with section 120(h) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)), the United States
shall reserve easements in any land transferred to Yavapai
Ranch.
SEC. 5. EXCHANGE VALUATION, APPRAISALS, AND EQUALIZATION.
(a) Equal Value Exchange.--The values of the non-Federal and Federal
land to be exchanged under this Act--
(1) shall be equal, as determined by the Secretary; or
(2) if the values are not equal, shall be equalized in
accordance with subsection (c).
(b) Appraisals.--
(1) In general.--The values of the Federal land and non-
Federal land shall be determined by appraisals using the
appraisal standards in--
(A) the Uniform Appraisal Standards for Federal Land
Acquisitions, fifth edition (December 20, 2000); and
(B) the Uniform Standards of Professional Appraisal
Practice.
(2) Approval.--In accordance with part 254.9(a)(1) of title
36, Code of Federal Regulations (or any successor regulation),
the appraiser shall be--
(A) acceptable to the Secretary and Yavapai Ranch;
and
(B) a contractor, the clients of which shall be the
Secretary and Yavapai Ranch.
(3) Requirements.--During the appraisal process the appraiser
shall--
(A) consider the effect on value of the Federal land
or non-Federal land because of the existence of
encumbrances on each parcel, including--
(i) permitted uses on Federal land that
cannot be reasonably terminated before the
appraisal; and
(ii) facilities on Federal land that cannot
be reasonably removed before the appraisal; and
(B) determine the value of each parcel of Federal
land and non-Federal land (including the value of each
individual section of the intermingled Federal and non-
Federal land of the Yavapai Ranch) as an assembled
transaction consistent with the applicable provisions
of parts 254.5 and 254.9(b)(1)(v) of title 36, Code of
Federal Regulations (or any successor regulation).
(4) Dispute resolution.--A dispute relating to the appraised
values of the Federal land or non-Federal land following
completion of the appraisal shall be processed in accordance
with--
(A) section 206(d) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(d)); and
(B) part 254.10 of title 36, Code of Federal
Regulations (or any successor regulation).
(5) Appraisal period.--After the final appraised values of
the Federal land and non-Federal land have been reviewed and
approved by the Secretary or otherwise determined in accordance
with the requirements of paragraph (4), the final appraised
values--
(A) shall not be reappraised or updated by the
Secretary before the completion of the land exchange;
and
(B) shall be considered to be the values of the
Federal land and non-Federal land on the date of the
transfer of title.
(6) Availability.--In accordance with the policy of the
Forest Service, and to ensure the timely and full disclosure of
the appraisals to the public, the appraisals approved by the
Secretary shall be made available for public inspection in the
Offices of the Supervisors for Prescott, Coconino, and Kaibab
National Forests.
(c) Equalization of Values.--
(1) Surplus of non-federal land.--
(A) In general.--If, after any adjustments are made
to the non-Federal land or Federal land under
subsection (c) or (d) of section 4, the final appraised
value of the non-Federal land exceeds the final
appraised value of the Federal land, the Federal land
and non-Federal land shall be adjusted in accordance
with subparagraph (B) until the values are
approximately equal.
(B) Adjustments.--An adjustment referred to in
subparagraph (A) shall be accomplished by beginning at
the east boundary of section 30, T. 20 N., R. 6 W.,
Gila and Salt River Base and Meridian, Yavapai County,
Arizona, and adding to the Federal land in \1/8\
section increments (N-S 64th line) and lot lines across
the section, while deleting in the same increments
portions of sections 19 and 31, T. 20 N., R. 6 W., Gila
and Salt River Base and Meridian, Yavapai County,
Arizona, to establish a linear and continuous boundary
that runs north to south across the sections.
(2) Surplus of federal land.--
(A) In general.--If, after any adjustments are made
to the non-Federal land or Federal land under
subsection (c) or (d) of section 4, the final appraised
value of the Federal land exceeds the final appraised
value of the non-Federal land, the Federal land and
non-Federal land shall be adjusted in accordance with
subparagraph (B) until the values are approximately
equal.
(B) Adjustments.--Adjustments under subparagraph (A)
shall be made in the following order:
(i) Beginning at the south boundary of
section 31, T. 20 N., R. 5 W., Gila and Salt
River Base and Meridian, Yavapai County,
Arizona, and sections 33 and 35, T. 20 N., R. 6
W., Gila and Salt River Base and Meridian,
Yavapai County, by adding to the non-Federal
land to be conveyed to the United States in \1/
8\ section increments (E-W 64th line) while
deleting from the conveyance to Yavapai Ranch
Federal land in the same incremental portions
of section 32, T. 20 N., R. 5 W., Gila and Salt
River Base and Meridian, Yavapai County,
Arizona, and sections 32, 34, and 36, in T. 20
N., R. 6 W., Gila and Salt River Base and
Meridian, Yavapai County, Arizona, to establish
a linear and continuous boundary that runs east
to west across the sections.
(ii) By deleting the following parcels:
(I) The Wetzel School parcel
identified on the map described in
section 4(a)(2)(B)(ii).
(II) The Williams Sewer parcel
identified on the map described in
section 4(a)(2)(C).
(III) That part of the Williams
Railroad parcel identified on the map
described in section 4(a)(2)(C) that
lies south of Business I-40.
(IV) A portion of the Cottonwood/
Clarkdale Federal Lands identified on
the map described in Section 4(a)(2)(E)
and further described as the S\1/2\S\1/
2\ of Section 8, Township 15 North,
Range 3 East, Gila and Salt River Base
and Meridian, Yavapai County, Arizona.
(V) The Buckskinner Park parcel
identified on the map described in
section 4(a)(2)(C).
(VI) Approximately 316 acres of the
Camp Verde Federal Land-General Crook
Parcel identified on the map described
in Section 4(a)(2)(D) and further
described as Lots 1, 5, and 6 and the
NE\1/4\NE\1/4\ of Section 26, and the
N\1/2\N\1/2\ of Section 27, Township 14
North, Range 4 East, Gila and Salt
River Base and Meridian, Yavapai
County, Arizona.
(VII) A portion of the Cottonwood/
Clarkdale Federal Lands identified on
the map described in section 4(a)(2)(E)
and further described as the N\1/2\S\1/
2\ of Section 8, Township 15 North,
Range 3 East, Gila and Salt River Base
and Meridian, Yavapai County, Arizona.
(VIII) Approximately 314 acres of the
Camp Verde Federal Land-General Crook
Parcel identified on the map described
in section 4(a)(2)(D) and further
described as Lots 2, 7, 8 and 9 and the
SE\1/4\NE\1/4\ of Section 26, and the
S\1/2\N\1/2\ of Section 27, Township 14
North, Range 4 East, Gila and Salt
River Base and Meridian, Yavapai
County, Arizona.
(IX) The Mt. Elden parcel identified
on the map described in section
4(a)(2)(B)(ii).
(C) Modifications.--By mutual agreement by the
Secretary and the Yavapai Ranch, the land and acreage
in subclauses (I) through (IX) may be modified to
conform with a survey approved by the Bureau of Land
Management or to leave the United States with
manageable post-exchange land and boundaries.
(3) Additional equalization of values.--If, after the values
are adjusted in accordance with paragraph (1) or (2), the
values of the Federal land and non-Federal land are not equal,
then the Secretary and Yavapai Ranch may by agreement adjust
the acreage of the Federal land and non-Federal land until the
values of that land are equal.
(d) Cash Equalization.--
(1) In general.--After the values of the non-Federal and
Federal land are equalized to the maximum extent practicable
under subsection (c), any balance due the Secretary or Yavapai
Ranch shall be paid--
(A) through cash equalization payments under section
206(b) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1716(b)); or
(B) in accordance with standards established by the
Secretary and Yavapai Ranch.
(2) Limitation.--
(A) Adjustments.--If the value of the Federal land
exceeds the value of the non-Federal land by more than
$50,000, the Secretary and Yavapai Ranch shall, by
agreement, delete additional Federal land from the
exchange until the values of the Federal land and non-
Federal land are equal.
(B) Deposit.--Any amounts received by the United
States under this Act--
(i) shall be deposited in a fund established
under Public Law 90-171 (16 U.S.C. 484a)
(commonly known as the ``Sisk Act''); and
(ii) shall be available, without further
appropriation, for the acquisition of land or
interests in land for National Forest System
purposes in the State of Arizona.
SEC. 6. MISCELLANEOUS PROVISIONS.
(a) Revocation of Orders.--Any public orders withdrawing any of the
Federal land from appropriation or disposal under the public land laws
are revoked to the extent necessary to permit disposal of the Federal
land.
(b) Withdrawal of Federal Land.--The Federal land is withdrawn from
all forms of entry and appropriation under the public land laws,
including the mining and mineral leasing laws and the Geothermal Steam
Act of 1970 (30 U.S.C. 1001 et seq.), until the date on which the
exchange of Federal land and non-Federal land is completed.
(c) Surveys, Inventories, and Clearances.--Before completing the
exchange of Federal land and non-Federal land under this Act, the
Secretary shall carry out land surveys and preexchange inventories,
clearances, reviews, and approvals relating to hazardous materials,
threatened and endangered species, cultural and historic resources, and
wetlands and floodplains.
(d) Costs of Implementing the Exchange.--
(1) In general.--
(A) The United States shall bear the costs or other
responsibilities or requirements associated with land
surveys, title searches, archeological and cultural
surveys and salvage, removal of encumbrances and curing
title deficiencies necessary to bring the Federal land
into a condition where it is acceptable for exchange
purposes.
(B) Yavapai Ranch shall bear the costs or other
responsibilities or requirements associated with land
surveys, title searches, archeological and cultural
surveys and salvage, removal of encumbrances and curing
title deficiencies necessary to bring the non-Federal
land into a condition where it is acceptable for
exchange purposes.
(2) Ineligible reimbursements.--No amount paid by Yavapai
Ranch under this subsection shall be eligible for reimbursement
under section 206(f) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1716(f)).
(e) Timing.--It is the intent of Congress that the exchange of
Federal land and non-Federal land directed by this Act be completed not
later than 18 months after the date of enactment of this Act.
(f) Contractors.--
(1) In general.--If the Secretary lacks adequate staff or
resources to complete the exchange by the date specified in
subsection (e), the Yavapai Ranch may contract with independent
third-party contractors to carry out any work necessary to
complete the exchange by that date, subject to the mutual
agreement of the Secretary and the Yavapai Ranch on the
contractor or contractors, scope of work, estimated cost of
work, and approval of any such work by the Secretary.
(2) Reimbursement.--In the event that Yavapai Ranch contracts
with independent third party contractors to carry out or
complete any responsibilities or requirements that would be
performed by the Secretary but for the lack of adequate staff
or resources, then the Secretary shall reimburse Yavapai Ranch
for Yavapai Ranch's costs or expenses for such contractors in
accordance with section 206(f) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(f)).
SEC. 7. STATUS AND MANAGEMENT OF LAND AFTER EXCHANGE.
(a) In General.--Non-Federal land acquired by the United States under
this Act--
(1) shall become part of the Prescott National Forest; and
(2) shall be administered by the Secretary in accordance
with--
(A) this Act;
(B) the laws (including regulations) applicable to
the National Forest System; and
(C) other authorized uses of the National Forest
System.
(b) Management Plan.--
(1) In general.--Acquisition of the non-Federal land under
this Act shall not require a revision or amendment to the
Management Plan.
(2) Amendment or revision.--If the Management Plan is amended
or revised after the date of acquisition of non-Federal land
under this Act, the Management Plan shall be amended to reflect
the acquisition of the non-Federal land.
(c) Post-Exchange Management of Certain Land.--
(1) In general.--On acquisition by the United States, the
non-Federal land acquired by the United States and any
adjoining National Forest System land shall be managed in
accordance with--
(A) paragraphs (2) through (6); and
(B) the laws (including regulations) generally
applicable to National Forest System land.
(2) Protection of natural resources.--The non-Federal land
shall be managed in a manner that maintains the species,
character, and natural values of the land, including--
(A) deer, pronghorn antelope, wild turkey, mountain
lion, and other resident wildlife and native plant
species;
(B) suitability for livestock grazing; and
(C) aesthetic values.
(3) Grazing.--Each area located in the Yavapai Ranch grazing
allotment as of the date of enactment of this Act shall--
(A) remain in the Yavapai Ranch grazing allotment;
and
(B) continue to be subject to grazing in accordance
with the laws (including regulations) generally
applicable to domestic livestock grazing on National
Forest System land.
(4) Roads.--
(A) Improvement and maintenance.--The Secretary shall
maintain or improve a system of roads and trails on the
non-Federal land to provide opportunities for hunting,
motorized and nonmotorized recreation, and other uses
of the land by the public.
(B) Public access road.--
(i) Construction.--The Secretary shall
improve or construct a public access road
linking Forest Road 7 (Pine Creek Road) to
Forest Road 1 (Turkey Canyon Road) through
portions of sections 33, 32, 31, and 30, T. 19
N., R. 6 W., Gila and Salt River Base and
Meridian.
(ii) Existing road.--The existing road
linking Pine Creek and Gobbler Knob shall--
(I) until the date on which the new
public access road is completed, remain
open; and
(II) after the date on which the new
public access road is completed, be
obliterated.
(C) Easements.--
(i) In general.--On completion of the land
exchange under this Act, the Secretary and
Yavapai Ranch shall grant each other at no
charge reciprocal easements for ingress,
egress, and utilities across, over, and
through--
(I)(aa) the routes depicted on the
map entitled ``Yavapai Ranch Land
Exchange Road and Trail Easements--
Yavapai Ranch Area'' dated April 2002;
and
(bb) any other inholdings retained by
the United States or Yavapai Ranch; or
(II) any relocated routes that are
agreed to by the Secretary and Yavapai
Ranch.
(ii) Requirements.--An easement described in
clause (i)--
(I) shall be unlimited, perpetual,
and nonexclusive in nature; and
(II) shall run with and benefit the
land of the grantee.
(iii) Rights of grantee.--The rights of the
grantee shall extend to--
(I) any successors-in-interest,
assigns, and transferees of Yavapai
Ranch; and
(II) in the case of the Secretary,
members of the general public, as
determined to be appropriate by the
Secretary.
(5) Timber harvesting.--
(A) In general.--Except as provided in subparagraph
(B), timber harvesting for commodity production shall
be prohibited on the non-Federal land.
(B) Exceptions.--Timber harvesting may be conducted
on the non-Federal land if the Secretary determines
that timber harvesting is necessary--
(i) to prevent or control fires, insects, and
disease through forest thinning or other forest
management techniques;
(ii) to protect or enhance grassland habitat,
watershed values, native plants, trees, and
wildlife species; or
(iii) to improve forest health.
(6) Water improvements.--Nothing in this Act prohibits the
Secretary from authorizing or constructing new water
improvements in accordance with the laws (including
regulations) applicable to water improvements on National
Forest System land for--
(A) the benefit of domestic livestock or wildlife
management;
(B) the improvement of forest health or forest
restoration; or
(C) other National Forest purposes.
(d) Maps.--
(1) In general.--The Secretary and Yavapai Ranch may correct
any minor errors in the maps of, legal descriptions of, or
encumbrances on the Federal land or non-Federal land.
(2) Discrepancy.--In the event of any discrepancy between a
map and legal description, the map shall prevail unless the
Secretary and Yavapai Ranch agree otherwise.
(3) Availability.--All maps referred to in this Act shall be
on file and available for inspection in the Office of the
Supervisor, Prescott National Forest, Prescott, Arizona.
(e) Effect.--Nothing in this Act precludes, prohibits, or otherwise
restricts Yavapai Ranch from subsequently granting, conveying, or
otherwise transferring title to the Federal land after its acquisition
of the Federal land.
SEC. 8. CONVEYANCE OF ADDITIONAL LAND.
(a) In General.--The Secretary shall convey to an individual or
entity that represents the majority of landowners with encroachments on
the lot by quitclaim deed the parcel of land described in subsection
(b).
(b) Description of Land.--The parcel of land referred to in
subsection (a) is lot 8 in section 11, T. 21 N., R. 7 E., Gila and Salt
River Base and Meridian, Coconino County, Arizona.
(c) Amount of Consideration.--In exchange for the land described in
subsection (b), the individual or entity acquiring the land shall pay
to the Secretary consideration in the amount of--
(1) $2500; plus
(2) any costs of re-monumenting the boundary of land.
(d) Timing.--
(1) In general.--Not later than 90 days after the date on
which the Secretary receives a power of attorney executed by
the individual or entity acquiring the land, the Secretary
shall convey to the individual or entity the land described in
subsection (b).
(2) Limitation.--If, by the date that is 270 days after the
date of enactment of this Act, the Secretary does not receive
the power of attorney described in paragraph (1)--
(A) the authority provided under this subsection
shall terminate; and
(B) any conveyance of the land shall be made under
Public Law 97-465 (16 U.S.C. 521c et seq.).
SEC. 9. COMPENSATION FOR PERSONS HOLDING GRAZING PERMITS.
Persons holding grazing permits for land transferred into private
ownership under this Act shall be compensated in accordance with
section 402(g) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1752(g)).
PURPOSE OF THE BILL
The purpose of H.R. 2907 is to provide for a land exchange
in the State of Arizona between the Secretary of Agriculture
and Yavapai Ranch Limited Partnership.
BACKGROUND AND NEED FOR LEGISLATION
Located at the north end of the Prescott National Forest,
the ``Yavapai Ranch'' is approximately 170 square miles in area
in north central Arizona. The U.S. Forest Service of the
Department of Agriculture and Yavapai Ranch Limited Partnership
(``YRLP'') currently own alternate square mile sections of the
ranch in an almost exact ``checkerboard'' land ownership
pattern, the last large mixed ownership pattern in Arizona.
The land exchange authorized in H.R. 2907 would consolidate
the checkerboard so that both the Forest Service and YRLP would
have more manageable lands in the future. In the exchange, YRLP
will convey approximately 35,000 acres (approximately 55 square
miles) to the Forest Service. This will enable the Forest
Service to block up approximately 110 square miles of land
(totaling over 70,000 acres) into Forest Service ownership for
permanent public use and enjoyment. The lands being acquired by
the Forest Service include significant stands of old growth
ponderosa pine and alligator juniper trees, important
undeveloped habitat for pronghorn antelope and other wildlife
species, and a portion of the upper watershed of the Verde
River. Additionally, the land being consolidated into Forest
Service ownership lies adjacent to the Juniper Mesa Wilderness
area, and comprises largely undeveloped and open space. H.R.
2907 also addresses future water use. The exchange will reduce
the subdividable and developable land base in the upper Verde
River watershed (Big Cheno aquifer) by roughly 20,000 acres and
thereby protect water resources and flows. The Committee notes
that the Arizona Department of Game and Fish has reviewed the
lands to be exchanged, and believes the land exchange is
beneficial from a wildlife standpoint.
In return for receiving the 35,000 acres of the Yavapai
Ranch's holdings, the Forest Service will convey to the Yavapai
Ranch: (1) approximately 15,300 acres of land on the ranch
checkerboard which is generally of lesser value than that
acquired by the Forest Service; and (2) approximately 5,900
acres in or near the communities of Flagstaff, Williams, Camp
Verde, Clarkdale, Cottonwood, and Prescott. Many of the lands
being conveyed to the Yavapai Ranch in those communities are
currently encumbered by Forest Service special use permits for
municipal airports, water and sewage treatment facilities,
parks, a golf course and other municipal or summer camp uses.
Those lands will be ``passed through'' to the municipalities
and summer camps so that they can own and use the lands they
currently lease for the Forest Service.
For the reasons outlined above, the Committee believes it
is in the public interest to authorize and direct the land
exchange set forth in the bill. Congress is legislating this
land exchange because the Forest Service has indicated it is
too complex, and involves too many parcels of land (located in
three national forests) to process administratively in any
reasonable time frame. More precisely, the Forest Service
testified at the Committee's hearing on October 21, 2003, that
it could take seven to eight years, or longer, to process the
exchange through administrative means. In addition, the
Administration testified that legislating the exchange will
result in considerable cost savings to taxpayers, including
savings from reduced boundary administration in the future,
elimination of special use permits and administration, avoided
road and other access costs (if the current checkerboard were
developed), and a fifty percent or greater reduction in
exchange processing costs if the exchange is legislated.
In terms of the exchange process, the land exchange
directed by H.R. 2907 requires: (1) fair market value appraisal
standards (The Uniform Standards of Appraisal for Federal Land
Acquisitions and The Uniform Standards of Professional
Appraisal Practice); (2) formal review and approval of all
appraisals by the Secretary of Agriculture; (3) completion of
standard surveys, inventories, clearances and approvals
relating to threatened and endangered species, cultural and
historic resources, hazardous materials, and wetlands and
floodplains; and (4) traditional title reviews and analyses,
which must be approved by the Forest Service. These
requirements are all preconditions to consummation of the
exchange.
Finally, H.R. 2907 requires that the lands ultimately
exchanged will be of exact equal value, either by making
adjustments in the federal and non-federal lands exchanged, or
through cash equalization.
COMMITTEE ACTION
H.R. 2907 was introduced on July 25, 2003, by Congressman
Rick Renzi (R-AZ). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
Forests and Forest Health. On October 21, 2003, the
Subcommittee held a hearing on the bill. On October 29, 2003,
the Full Resources Committee met to consider the bill. The bill
was discharged from the Subcommittee by unanimous consent.
Congressman Renzi offered an amendment in the nature of a
substitute making minor changes. The amendment was adopted by
voice vote. The bill, as amended, by then ordered favorably
reported to the House of Representatives by voice vote.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 and Article IV, section 3 of the
Constitution of the United States grant Congress the authority
to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, credit
authority, or an increase or decrease in revenues or tax
expenditures. According to the Congressional Budget Office,
enactment of this bill ``could affect direct spending, but by
insignificant amounts.''
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressoinal Budget Office,
Washington, DC, November 17, 2003.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2907, the Northern
Arizona National Forest Land Exchange Act of 2003.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
H.R. 2907--Northern Arizona National Forest Land Exchange Act of 2003
CBO estimates that implementing H.R. 2907 would cost about
$1 million over the 2004-2005 period, assuming the availability
of appropriated funds. The bill could affect direct spending,
but by insignificant amounts. H.R. 2907 would not affect
revenues. H.R. 2907 contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act
and would impose no significant costs on State, local, or
tribal governments. Enacting this legislation would benefit
several local governments that would receive federal land as a
result of this exchange.
H.R. 2907 would authorize the Secretary of Agriculture to
exchange approximately 21,000 acres of federal lands in Arizona
for roughly 35,000 acres of privately owned land in that state.
If the values of those lands are not the same, the parties
could exchange cash equalization payments of up to $50,000. The
Secretary could spend any amounts received from such payments
to acquire other lands and interests in Arizona. H.R. 2907
would direct the Secretary to reimburse holders of grazing
permits for certain costs if their grazing rights are affected
by the proposed exchange. Finally, H.R. 2907 would direct the
Secretary to convey a small parcel of land in Arizona to
landowners who have encroached upon that land. In exchange,
those landowners would pay $2,500 plus certain other costs.
Based on information from the Forest Service, CBO estimates
that the agency would spend about $1 million over the 2004-2005
period for appraisals and other administrative costs associated
with the proposed land exchange, assuming the availability of
appropriated funds. According to the Forest Service, the
federal lands to be exchanged and conveyed currently generate
no significant receipts and are not expected to do so over the
next 10 years. Hence, we estimate that completing the proposed
transactions would not significantly affect offsetting receipts
(a credit against direct spending). Finally, based on
information from the agency, we estimate that the cost of
reimbursing grazing permit holders as authorized under the bill
would be negligible.
The CBO staff contact for this estimate is Deborah Reis.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.
DISSENTING VIEWS
I oppose H.R. 2907 in its present form.
This trade will adversely affect towns and communities in
the arid Southwest, where water is a scarce resource. Putting
more property into private hands in an area where there in an
inadequate supply of water will harm current residents and
businesses.
While certain aspects of the trade are acceptable, others
are not. I support the provisions that would trade certain
scattered parcels held by the Yavapai Ranch Company for land
near an existing airport in Flagstaff, Arizona. These aspects
of the trade are reasonable and necessary.
This trade goes awry in my view with the inclusion of
several parcels, one near Cottonwood and Clarkdale and another
near Camp Verde, Arizona. These parcels are currently held by
federal land management agencies who manage the land for
grazing and other uses, such as recreation and wildlife
habitat.
The communities of Cottonwood, Clarkdale and Camp Verde are
already suffering from a lack of water and this situation has
no foreseeable end in sight. Moreover, the communities already
contain more private land than can possibly be reasonably
developed, given the paucity of water. There is already plenty
of private land available for development in Camp Verde and
Clarkdale/Cottonwood. It is a lack of water, not land, that is
the main hindrance to increased development in the area.
While the bill seeks to place a limit on water withdrawals
on these parcels, I do not believe it goes far enough. The
amount the bill will allow to be pumped is still an enormous
amount when compared with the total amount the area's water
company is able to deliver to area residents.
These properties lie uphill in the watershed from the
communities mentioned above. Any pumping above them in the
watershed will further inhibit their ability to find water for
current area residents and businesses.
I am concerned that there is an inherent unfairness present
in this land exchange. While one rancher, Mr. Ruskin, will be
greatly financially enriched by this trade, another rancher,
Mr. Tony Groseta, will lose his livelihood. He grazes cattle on
one of the federal parcels to be turned over to private hands.
He is not being adequately compensated for the loss of his
livelihood in my view. Although a grazing permit is not a
``right,'' and have not required compensation when taken away,
grazing permits do have value. They are recognized by financial
institutions and the IRS to have value, thus enabling ranchers
to receive loans based on their value. It is unfair to provide
an opportunity for one party to make millions of dollars while
another will lose his business entirely.
The Cottonwood/Clarkdale parcel of federal land is grossly
undervalued. Lack of access on this parcel lowers the value of
the land, thus lowering the amount the taxpayers will receive
in trade for them. The value of these lands will skyrocket as
soon as the federal lands become private, but the public will
not benefit from the increase in price. The only party who will
benefit will be Mr. Ruskin. Because the land is so devalued by
the lack of currently available access, the federal government
will basically be giving this parcel away.
The majority of the conflict in this land exchange comes
from the inclusion of the Cottonwood/Clarkdale and Camp Verde
parcels. Because of this, I oppose the inclusion of these two
parcels in the trade.
Part of the fundamental problem with legislated land
exchanges is that we are put into a position where we must
judge whether a public benefit exists, without the benefit of a
public process. People in our districts feel disconnected from
the process in Washington on legislated land exchanges. How can
we determine that these trades are in the public interest, if
we have not heard from the affected public? If the testimony of
land management agency officials is to be believed, the
administrative process takes too long and costs too much money.
Therefore, I call on my colleagues to initiate hearings on the
administrative land trade issue. We need many questions
answered about this process: How long does the administrative
process really take? How much does the administrative process
cost? Are agencies making administrative land trades a
priority? Are they too controversial? If so, why? Can
controversial issues be worked out through the administrative
process? Do agencies lack financial resources to carry out
administrative trades?
At a minimum, if we are going to legislate land trades,
certain things must be done to ensure a fair and open process.
I call on my colleagues to conduct public hearings in the
impacted area prior to or immediately after introducing land
exchange legislation. The testimony of these public hearings
should be made available to other Members of Congress, such
that we may be well-informed as to the public interest being
served by legislating such trades.
To sum up: There are problems with certain aspects of the
Northern Land Exchange Act such that I must oppose the bill. In
addition, I urge Members to hold hearings in affected areas and
submit findings prior to land trade legislation hearings in
Committee, so we may determine the public interest of any land
exchange.
Lastly, hearings should be held in the Resources Committee
to determine what problems, whether real or only perceived,
exist with the administrative land exchange process.
Raul M. Grijalva.