Home > 106th Congressional Bills > H.R. 2908 (ih) For the relief of Charmaine Bieda. [Introduced in House] ...

H.R. 2908 (ih) For the relief of Charmaine Bieda. [Introduced in House] ...


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108th CONGRESS
  1st Session
                                H. R. 2907

  To provide for a land exchange in the State of Arizona between the 
    Secretary of Agriculture and Yavapai Ranch Limited Partnership.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2003

Mr. Renzi (for himself and Mr. Hayworth) introduced the following bill; 
            which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
  To provide for a land exchange in the State of Arizona between the 
    Secretary of Agriculture and Yavapai Ranch Limited Partnership.

    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 ``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;
            (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 retained 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.; and
            (9) under section 402(g) of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1752(g)), the land exchange 
        provided for in this Act shall cause a hardship for persons 
        holding grazing permits for that land and compensation shall be 
        provided.
    (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 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-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, 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.
                    (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.
                    (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 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 ``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) except for water supplied to 
                                the parcels described in subparagraphs 
                                (D) and (E) of paragraph (2) by 
                                municipal water service providers or 
                                private water companies, require that 
                                any water used for the parcels not be 
                                withdrawn from wells perforated in the 
                                saturated Holocene alluvium of the 
                                Verde River.
                            (ii) Recordation.--The conservation 

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