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, and the Bloom property, which consists of approximately 160 acres. Requires the Secretary to modify the boundaries of the Las Cienegas National Conservation Area to include the Empirita-Simonson property and the boundaries of the Saguaro National Park to include the Bloom property.
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, 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 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5177 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 5177
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
January 29, 2008
Mr. Grijalva introduced the following bill; which was referred to the
Committee on Natural 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, BLOOM, AND SAHUARITA
PROPERTIES, ARIZONA.
(a) Exchange Authorized.--If Las Cienegas Conservation, LLC,
conveys to the Secretary of the Interior all right, title, and interest
in and to the Empirita-Simonson property and the Bloom property, the
Secretary shall convey to Las Cienegas Conservation, LLC, all right,
title, and interest in and to the Sahuarita property.
(b) Boundary Adjustment.--Upon receipt of the Empirita-Simonson
property and the Bloom property, the Secretary shall--
(1) modify the boundaries of the Las Cienegas National
Conservation Area to include the Empirita-Simonson property;
and
(2) modify the boundaries of the Saguaro National Park to
include the Bloom 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 this
Act are met with regard to the properties to be conveyed to the
United States.
(2) The date on which the appraisals described in this Act
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) 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.
(e) 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.
(f) 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) and as a condition of the
exchange under section 2, the Las Cienegas Conservation, LLC,
shall pay to the State of Arizona, State Land Department, 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, upon
acquisition under this section, 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.--
(1) In general.--Upon payment of costs under paragraph (2)
of this subsection and payment of compensation in accordance
with subsection (a)(2), the United States shall convey all
right, title, and interest of the United States to the Tumamoc
Hill property to Pima County.
(2) Costs.--Pima County shall pay all costs (not including
the compensation required under subsection (a)(2) associated
with the conveyance authorized by paragraph (1).
(3) Use of land.--Pima County shall--
(A) own and manage the property conveyed under
paragraph (1) in such a manner that the property shall
be preserved forever in its predominantly open, scenic,
undeveloped, and natural condition;
(B) promote the conservation purposes of the
property; and
(C) prevent any uses of the property that will
significantly impair or interfere with the biological
and cultural importance of the property.
(c) Reverter.--If the property conveyed under subsection (b) ceases
to be owned and managed in accordance with subsection (b), all right,
title, and interest to the property shall revert to the United States
to be used for those purposes, if the Secretary determines that such a
reversion is in the best interests of the United States.
SEC. 4. VALUATION OF LAND EXCHANGED.
(a) Exchange Valuation.--
(1) In general.--The values of the lands to be exchanged
under this Act shall be determined by the Secretary through
concurrent appraisals conducted in accordance with paragraph
(2).
(2) Appraisals.--
(A) In general.--An appraisal under this section
shall be--
(i) performed by an appraiser mutually
agreed to by the parties to the exchange;
(ii) performed in accordance with--
(I) the Uniform Appraisal Standards
for Federal Land Acquisitions
(Department of Justice, 5th Edition,
December 20, 2000);
(II) the Uniform Standards of
Professional Appraisal Practice; and
(III) Forest Service appraisal
instructions; and
(iii) submitted to the Secretary for review
and approval.
(B) Reappraisals and updated appraised values.--
After the final appraised value of a parcel is
determined and approved under subparagraph (A), the
Secretary shall not be required to reappraise or update
the final appraised value.
(C) 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) Public review.--Before carrying out a land
exchange under this Act, the Secretary shall make
available for public review a summary of the appraisals
of the land to be exchanged.
(b) Values Deemed Equal.--If the values of lands to be exchanged
under section 2 are not found to be equal under the appraisals required
under this Act--
(1) the values shall be deemed to be equal for the purposes
of the land exchanges authorized under this Act;
(2) no equalization payment or land adjustment shall be
made based on the values; and
(3) a party to the exchange may decide not to move forward
with the exchange, if the land that party will transfer (or, in
the case of Las Cienegas Conservation, LLC, the land that party
will transfer plus the amount that party will pay under section
3(a)(2)) is determined to be of greater value than the land the
party will receive based on the appraisals required under this
Act.
SEC. 5. 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) 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.).
(d) 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. 6. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Empirita-simonson property.--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.
(3) Bloom property.--The term ``Bloom property'' means the
parcel of land consisting of approximately 160 acres, as
generally depicted on the map titled ``Saguaro National Park,
Bloom Tract'' and dated April 17, 2007.
(4) Sahuarita property.--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.
(5) Tumamoc hill property.--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 Natural Resources.
Referred to the Subcommittee on National Parks, Forests and Public Lands.
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