Pima County Land Adjustment Act - Requires the Secretary of the Interior (the Secretary) to convey to Las Cienegas Conservation, LLC, the Sahuarita property, which consists of approximately 1,280 acres, in exchange for the Empirita-Simonson property, which consists of approximately 2,490 acres. Requires the Secretary to modify the boundaries of the Las Cienegas National Conservation to include the Empirita-Simonson property. Instructs the Secretary to provide to the Secretary of Agriculture a right of way for motorized public road access through the Empirita-Simonson property to the boundary of the Coronado National Forest.
Requires the Secretary to convey the Tumamoc Hill property, which consists of approximately 290 acres, to Pima County, Arizona upon the County paying the value of such property to the State of Arizona and the State Land Department.
Modifies the boundary of the Las Cienegas National Conservation Area to exclude the 40-acre tract presently leased by the Bureau of Land Management to the town of Elgin, Arizona, for a sanitary landfill.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3051 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3051
To provide for a land exchange involving certain Bureau of Land
Management lands in Pima County, Arizona, for the purpose of
consolidating Federal land ownership within the Las Cienegas National
Conservation Area, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 23, 2005
Mr. Kolbe introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To provide for a land exchange involving certain Bureau of Land
Management lands in Pima County, Arizona, for the purpose of
consolidating Federal land ownership within the Las Cienegas National
Conservation Area, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pima County Land Adjustment Act''.
SEC. 2. LAND EXCHANGE, EMPIRITA-SIMONSON AND SAHUARITA PROPERTIES,
ARIZONA.
(a) Exchange Authorized.--If Las Cienegas Conservation, LLC,
conveys to the Secretary of the Interior all right, title, and interest
of Las Cienegas Conservation, LLC, in and to the Empirita-Simonson
property, the Secretary shall convey to Las Cienegas Conservation, LLC,
all right, title, and interest of the United States in and to the
Sahuarita property.
(b) Boundary Adjustment.--Upon receipt of the Empirita-Simonson
property, the Secretary shall modify the boundaries of the Las Cienegas
National Conservation Area to include the Empirita-Simonson property.
(c) Time for Exchange.--Except as otherwise provided by this Act,
the land exchange authorized under this section shall be completed
prior to the expiration of the 90-day period beginning on the later of
the following dates:
(1) The date on which the title standards described in
section 4(a) are met with regard to the properties to be
conveyed to the United States.
(2) The date on which the appraisals described in section
4(c)(1) for the properties are approved by both the Secretary
and Las Cienegas Conservation, LLC, or in the case of a dispute
concerning an appraisal or appraisal issue arising under that
section, the date the dispute is resolved under that section.
(d) Cash Equalization Payment.--
(1) In general.--If the values of lands to be exchanged
under this section are not equal, they shall be equalized by
the payment of cash to the Secretary or Las Cienegas
Conservation, LLC, as the circumstances dictate, in accordance
with section 206(b) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1716(b)).
(2) Disposition and use of funds.--Notwithstanding any
other provision of law, any cash equalization payment received
by the Secretary under this section shall be deposited into a
separate account in the Treasury, which shall be available to
the Secretary, without further appropriation and until
expended, solely for the purpose of--
(A) the acquisition of land or interests in land
within or adjacent to national conservation lands in
southern Arizona; and
(B) resource management by the Bureau of Land
Management in Pima County, Arizona.
(e) Water Rights.--
(1) Lands owned by pima county.--The exchange under this
section may not take place unless Neal Simonson (or his
successors in interest) and Pima County, Arizona, enter into an
agreement under which Neal Simonson (or his successors in
interest) relinquishes to Pima County any right to withdraw
water from lands owned by Pima County in section 17, township
17 south, range 18 east, Gila and Salt River Baseline and
Meridian.
(2) Empirita-simonson property.--The exchange under this
section may not take place unless Neal Simonson (or his
successors in interest) and the Secretary enter into an
agreement under which Neal Simonson (or his successors in
interest) limits his reserved withdrawal right on the Empirita-
Simonson property to maximum of 550 acre feet per year.
(f) Road Access.--Within 18 months after acquisition by the United
States of title to the Empirita-Simonson property, the Secretary shall
provide the Secretary of Agriculture a right of way for motorized
public road access through the Empirita-Simonson property to the
boundary of the Coronado National Forest, acting pursuant to section
507 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1767).
(g) Environmental Review.--As a condition of the exchange
authorized by this section, Las Cienegas Conservation, LLC, shall pay
direct costs incurred in connection with the environmental review and
any required mitigation of the selected lands.
(h) Endangered Species Act Review.--The Secretary shall review the
conveyance of the Sahuarita property under this section in accordance
with section 7(a)(1) of the Endangered Species Act of 1973 (16 U.S.C.
1536(a)(1)).
SEC. 3. ACQUISITION AND CONVEYANCE OF TUMAMOC HILL PROPERTY.
(a) Acquisition of Tumamoc Hill Property.--
(1) In general.--Notwithstanding any other provision of
law, upon the expiration of the 30-day period beginning on the
date of the enactment of this Act, all right, title, and
interest to, and the right to immediate possession of, the
Tumamoc Hill property is hereby vested in the United States.
The Tumamoc Hill property shall remain subject to existing
easements of record.
(2) Compensation.--As consideration for the Tumamoc Hill
property acquired under paragraph (1), the State of Arizona,
State Land Department, shall receive an amount equal to the
agreed negotiated value of the Tumamoc Hill property,
determined as of the date of the acquisition, or the just
compensation determined by judgment.
(3) Determination of value by court.--In the absence of
agreement as to the amount of just compensation, the State of
Arizona or the Secretary may initiate a proceeding in the
United States District Court for the District of Arizona
seeking a determination of just compensation for the
acquisition of the Tumamoc Hill property.
(4) Withdrawal.--Subject to valid existing rights, the
Tumamoc Hill property is withdrawn from--
(A) all forms of entry and appropriation under the
public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(b) Conveyance Authorized.--
(1) In general.--When Pima County, Arizona, pays to the
State of Arizona, State Land Department, the amount of
compensation determined under subsection (a), the Secretary
shall convey to Pima County all right, title, and interest of
the United States in and to the Tumamoc Hill property.
(2) Time for conveyance.--The conveyance authorized under
paragraph (1) shall be completed prior to the expiration of the
180-day period which begins on the date Pima County pays to the
State of Arizona, State Land Department, the amount described
in paragraph (1).
SEC. 4. ADMINISTRATION OF LAND EXCHANGES.
(a) Title Standards.--The Secretary shall require that title to the
lands to be exchanged under this Act conform with the title standards
of the Attorney General of the United States.
(b) Corrections to Legal Descriptions.--By mutual agreement, the
Secretary and the party involved may adjust the legal descriptions
contained in this Act to correct errors or to make minor adjustments in
the boundaries of the lands to be exchanged.
(c) Appraisals.--
(1) In general.--The values of the lands to be exchanged
under this Act shall be determined by the Secretary through an
appraisal performed by a qualified appraiser selected from the
Department of the Interior approved contractor list and
mutually agreed to by the Secretary and the party involved and
performed in conformance with the Uniform Appraisal Standards
for Federal Land Acquisitions (United States Department of
Justice, December 2000), the Uniform Standards of Professional
Appraisal Practice, and section 206(d) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1716(d)).
(2) Deadline for appraisals.--All appraisals under this Act
shall be completed and submitted to the Secretary and the party
involved for approval before the expiration of the 180-day
period beginning on the date of the enactment of this Act.
(d) Deadline for Environmental Reviews.--Before the expiration of
the 180-day period beginning on the date of the enactment of this Act,
the Secretary shall complete all environmental reviews of lands to be
exchanged under this Act that are required by the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(e) Elgin Landfill.--The boundary of the Las Cienegas National
Conservation Area is modified to exclude the 40-acre tract presently
leased by the Bureau of land management to the town of Elgin, Arizona,
for a sanitary landfill.
SEC. 5. DEFINITIONS.
In this Act:
(1) The term ``Empirita-Simonson property'' means the
parcel of land consisting of approximately 2,490 acres in
sections 14, 22, 23, 24, 25, 26, and 36, township 17 south,
range 18 east, Gila and Salt River Base and Meridian.
(2) The term ``Sahuarita property'' means the parcel of
land consisting of approximately 1,280 acres in sections 5, 7,
and 8, township 17 south, range 15 east, Gila and Salt River
Base and Meridian.
(3) The term ``Secretary'' means the Secretary of the
Interior.
(4) The term ``Tumamoc Hill property'' means the parcel of
land owned by the State of Arizona consisting of approximately
290 acres in sections 9, 10, 15, and 16 township 14 south,
range 13 east, Gila and Salt River Base and Meridian, excluding
approximately 30 acres of landfill as shown on the map on file
in the records of Pima County, Arizona.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Referred to the Subcommittee on Forests and Forest Health.
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