| 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] ...
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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