[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3929 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3929

  To direct the Secretary of the Interior to utilize certain Federal 
lands in Arizona to acquire by eminent domain State trust lands located 
           in or adjacent to other Federal lands in Arizona.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 31, 1996

 Mr. Stump (for himself, Mr. Shadegg, and Mr. Hayworth) introduced the 
 following bill; which was referred to the Committee on Resources, and 
 in addition to the Committee on Veterans' Affairs, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
  To direct the Secretary of the Interior to utilize certain Federal 
lands in Arizona to acquire by eminent domain State trust lands located 
           in or adjacent to other Federal lands in Arizona.

    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 ``Arizona Land Preservation and 
Management Act of 1996''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) As Arizona growth patterns have emerged and various 
        public uses of unique land resource values have been 
        established, the existing Federal and State land ownership 
        patterns present the Federal Government and the government of 
        Arizona with difficult land management situations.
            (2) Federal land management programs in Arizona require the 
        use of State trust lands in many areas, and there are Federal 
        lands in other areas in Arizona that are suitable for the 
        revenue generation mission of the State trust lands.
    (b) Purpose.--The purpose of this Act is to assist implementation 
of the Arizona Preserve Initiative plan and improve manageability of 
Federal public lands and State trust lands in Arizona, by--
            (1) directing the Secretary of the Interior to acquire 
        certain State trust lands in Arizona by eminent domain, with 
        the consent of the State, and to compensate the State for the 
        State trust lands so acquired with certain Federal public lands 
        of equal value which are acceptable to the State; and
            (2) providing for management of the acquired lands as part 
        of other existing areas of Federal lands.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Arizona preserve initiative plan.--The term ``Arizona 
        Preserve Initiative plan'' means the project undertaken by the 
        State of Arizona in 1995 to find ways to preserve and protect 
        environmentally sensitive State trust lands through 
        conservation leases and sales to State and local governments 
        and conservation organizations and through eminent domain 
        transfers to the Federal Government.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) State.--The term ``State'' means the State of Arizona.
            (4) State trust lands.--The term ``State trust lands'' 
        means lands granted to the State of Arizona under sections 24 
        and 25 of the Act of June 20, 1910 (chapter 310; 36 Stat. 572 
        et seq.).

SEC. 4. ACQUISITION OF STATE TRUST LANDS IN ARIZONA BY EMINENT DOMAIN.

    (a) In General.--The Secretary shall--
            (1) by eminent domain, with the consent of the State, 
        acquire the State trust lands described in subsection (b); and
            (2) manage the lands acquired from the State of Arizona in 
        accordance with this Act.
    (b) State Trust Lands Described.--The State trust lands referred to 
in subsection (a) are the following, as generally depicted on the map 
described in subsection (c):
            (1) All State trust lands in the Lake Mead National 
        Recreation Area, Saguaro National Park, and Organ Pipe Cactus 
        National Monument, which shall be managed by the National Park 
        Service.
            (2) All State trust lands and reserved mineral estate in 
        designated Wilderness Areas, which shall be managed by the 
        Bureau of Land Management.
            (3) All State trust lands in the Buenos Aires National 
        Wildlife Refuge, which shall be managed by the United States 
        Fish and Wildlife Service.
            (4) State trust lands in the McDowell Mountains in Maricopa 
        County, Arizona, which shall be managed under programs of the 
        Bureau of Land Management.
            (5) State trust lands in the vicinity of the Petrified 
        Forest National Park, if the Congress authorizes the expansion 
        of the Petrified Forest National Park to include these State 
        trust lands.
            (6) State trust lands in the Coconino National Forest and 
        in the vicinity of the Walnut Canyon National Monument that are 
        suitable for management by the Forest Service.
            (7) State trust lands in the Baboquivari Mountain-Coyote 
        Mountains area in Pima County, Arizona, which shall be managed 
        by the Bureau of Land Management.
            (8) State trust lands in the Lake Pleasant-Black Canyon 
        City-Wickenburg area in Maricopa County and Yavapai County, 
        Arizona, which shall be managed by the Bureau of Land 
        Management.
            (9) State trust lands in the Empire Cienega Resource 
        Conservation Area and Mustang Mountains in Pima County and 
        Santa Cruz County, Arizona, which shall be managed by the 
        Bureau of Land Management.
            (10) State trust lands in the Newman Peak area in Pinal 
        County, Arizona, which shall be managed by the Bureau of Land 
        Management.
            (11) State trust lands in the Burro Creek area in Yavapai 
        County, Arizona, which shall be managed by the Bureau of Land 
        Management.
            (12) State trust lands in the Larned Landing and Parker 
        Strip areas in Mohave County and La Paz County, Arizona, which 
        shall be managed by the Bureau of Land Management.
            (13) State trust lands in the Gila Box and San Pedro 
        Riparian National Conservation Areas, which shall be managed by 
        the Bureau of Land Management.
            (14) State trust lands in the Mohave Mountains area in 
        Mohave County, Arizona, which shall be managed by the Bureau of 
        Land Management.
            (15) State trust lands in the Arizona Strip in Mohave 
        County and Coconino County, Arizona, which shall be managed by 
        the Bureau of Land Management.
            (16) State trust lands in the Aguila area of Maricopa 
        County and La Paz County, Arizona, which shall be managed by 
        the Bureau of Land Management.
            (17) State trust lands in the Rogers Lake area in the 
        Coconino National Forest, which shall be managed by the Forest 
        Service in accordance with section 9(a).
            (18) State trust lands in the Superstition Mountain area of 
        Pinal County, Arizona, if the Congress authorizes the expansion 
        of the Tonto National Forest to include these State trust 
        lands.
            (19) State trust lands needed for the existing facilities 
        at the Arizona National Memorial Cemetery, which shall be 
        managed by the Veterans Administration in accordance with 
        section 10.
            (20) State trust lands needed for the Kingman Burro Corral 
        in Mohave County, Arizona, which shall be managed by the Bureau 
        of Land Management.
            (21) Any other State trust lands the acquisition of which 
        by the Secretary will--
                    (A) improve government land management by both the 
                Federal Government and the State of Arizona; and
                    (B) be consistent with Federal land management 
                planning and the mission of the State trust lands.
    (c) Map Described.--The map referred to in subsection (b) is the 
map entitled ``Arizona Land Management Improvement'', dated February 
1996. The Secretary shall keep such map on file and available for 
public inspection in the offices of the Arizona State Bureau of Land 
Management in Phoenix, Arizona, and of the Bureau of Land Management in 
the District of Columbia.

SEC. 5. COMPENSATION.

    (a) In General.--As compensation for State trust lands acquired 
under this Act, the Secretary shall transfer to the State such areas of 
Federal lands described in subsection (b) as may be agreed to by the 
State and which are of equal value to the State trust lands acquired.
    (b) Federal Lands Described.--The Federal lands referred to in 
subsection (a) are the following, as generally depicted in the map 
described in subsection (d):
            (1) Federal lands under the administrative jurisdiction of 
        the Secretary in the Bullhead City, Mohave Valley, Larned 
        Landing, Havasu Springs, Kingman, Golden Valley, and Colorado 
        City areas and the Interstate 40 and Interstate 5 corridors, in 
        Mohave County, Arizona.
            (2) Federal lands under the administrative jurisdiction of 
        the Secretary in the Butler Valley and Parker Strip areas and 
        the Interstate 10 corridor, in La Paz County, Arizona.
            (3) Federal lands under the administrative jurisdiction of 
        the Secretary in the Interstate 8 corridor in Yuma County, 
        Arizona.
            (4) Federal lands under the administrative jurisdiction of 
        the Secretary in the Phoenix, Buckeye, Rainbow Valley, Lake 
        Pleasant, New River, and Wickenburg areas and the Interstate 8, 
10, and 17 corridors, in Maricopa County, Arizona.
            (5) Federal lands under the administrative jurisdiction of 
        the Secretary in the Lake Pleasant, Black Canyon City, and 
        Prescott areas and Interstate 17 corridor, in Yavapai County, 
        Arizona.
            (6) Federal lands in the Coconino National Forest under the 
        administrative jurisdiction of the Secretary of Agriculture, in 
        Coconino County, Arizona.
            (7) Federal lands under the administrative jurisdiction of 
        the Secretary in the checkerboard land area of Navajo County, 
        Arizona.
            (8) Federal lands under the administrative jurisdiction of 
        the Secretary in checkerboard land area of Apache County, 
        Arizona.
            (9) Federal lands under the administrative jurisdiction of 
        the Secretary in the Tucson and Sasabe areas of Pima County, 
        Arizona.
            (10) Federal lands under the administrative jurisdiction of 
        the Secretary in the Sonoita area of Santa Cruz County, 
        Arizona.
            (11) Federal lands under the administrative jurisdiction of 
        the Secretary in the Interstate 8 corridor and other lands in 
        Pinal County, Arizona.
            (12) Federal lands under the administrative jurisdiction of 
        the Secretary in the Safford area of Graham County, Arizona.
            (13) Federal lands under the administrative jurisdiction of 
        the Secretary in the Clifton, Morenci, and Duncan areas of 
        Greenlee County, Arizona.
            (14) Federal lands under the administrative jurisdiction of 
        the Secretary south of Interstate 10 in Cochise County, 
        Arizona.
            (15) Any other Federal lands under the jurisdiction of the 
        Secretary, the transfer of which to the State will--
                    (A) improve government land management by both the 
                Federal Government and the State of Arizona; and
                    (B) be consistent with Federal land management 
                planning and the mission of the State trust lands.
    (c) Map Described.--The map referred to in subsection (b) is the 
map entitled ``Arizona Land Management Improvement--Possible Areas for 
Consideration'', dated February 1996. The Secretary shall keep such map 
on file and available for public inspection in the offices of the 
Arizona State Bureau of Land Management and of the Bureau of Land 
Management in the District of Columbia.
    (d) Value of Compensation.--
            (1) In general.--The total value of Federal lands 
        transferred to the State by the Secretary in acquiring lands 
        from the State under this Act may not exceed the fair market 
        value of the lands acquired.
            (2) Appraisals.--Notwithstanding any other law, the value 
        of lands shall be determined for purposes of this Act in 
        accordance with the Uniform Appraisal Standards for Federal 
        Land Acquisitions, as published by the Department of Justice in 
        1992.

SEC. 6. MANAGEMENT OF ACQUIRED LANDS BY BUREAU OF LAND MANAGEMENT.

    Lands acquired by the Secretary under this Act that are required by 
this Act to be managed by the Bureau of Land Management shall be 
managed in accordance with the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1701 et seq.).

SEC. 7. ADDITION OF LANDS TO NATIONAL PARK SYSTEM.

    Lands acquired by the Secretary under this Act within the Saguaro 
National Park, Organ Pipe Cactus National Monument, and Lake Mead 
National Recreation Area that are required by this Act to be managed by 
the National Park Service shall be added to the National Park System 
and managed in accordance with the Act of August 25, 1916 (chapter 408; 
16 U.S.C. 1 et seq.), popularly known as the National Park Service 
Organic Act, and other laws and regulations applicable to the National 
Park System.

SEC. 8. ADDITION OF LANDS TO NATIONAL WILDLIFE REFUGE SYSTEM.

    Lands acquired by the Secretary under this Act that are required by 
this Act to be managed by the United States Fish and Wildlife Service 
shall be added to the National Wildlife Refuge System and managed in 
accordance with the National Wildlife Refuge System Administration Act 
of 1966.

SEC. 9. ADDITION OF LANDS TO NATIONAL FOREST SYSTEM.

    Lands acquired by the Secretary under this Act that are in the 
Rogers Lake area shall be--
            (1) transferred to the administrative jurisdiction of the 
        Secretary of Agriculture; and
            (2) added to the Coconino National Forest and managed by 
        the Secretary of Agriculture under the laws and regulations 
applicable to National Forest System lands.

SEC. 10. ADDITION OF LANDS TO ARIZONA NATIONAL MEMORIAL CEMETERY.

    Lands acquired by the Secretary under this Act under section 
4(b)(19) shall be--
            (1) transferred to the administrative jurisdiction of the 
        Secretary of Veterans Affairs;
            (2) added to the Arizona National Memorial Cemetery, 
        located in Phoenix, Arizona; and
            (3) managed by the Secretary of Veterans Affairs in 
        accordance with chapter 24 of title 38, United States Code, and 
        other laws and regulations applicable to national cemeteries.

SEC. 11. AUTHORIZATION FOR EXISTING USES OF ACQUIRED LANDS TO CONTINUE.

    Any use of lands acquired by the United States under this Act that 
was authorized to occur immediately before the enactment of this Act 
may continue until such time as the use is determined to be 
incompatible with the purposes for which the lands are required to be 
used under this Act.

SEC. 12. REVOCATION OF RECLAMATION WITHDRAWALS WITH RESPECT TO BULLHEAD 
              CITY PARCEL.

    (a) In General.--The order of the Secretary dated October 16, 1931, 
withdrawing lands for the Colorado River Storage Project, and the order 
of the Secretary dated May 29, 1933, withdrawing lands for Power Site 
Classification 272, are hereby revoked on the following lands under the 
administration of the National Park Service in Arizona in Township 21 
North, Range 21 West, Gila and Salt River Base and Meridian:
            (1) In section 19, lot 4, SESW, S2SE.
            (2) In section 20, that portion of the S2 lying south of 
        the centerline of State Highway 68.
            (3) In section 30, lots 1-3, W2NE, E2NW, NESW, NWSE.
    (b) Effective Date.--The revocation under subsection (a) shall take 
effect for a parcel of land on the date on which the parcel is 
transferred to the State under this Act.

SEC. 13. TERMS AND CONDITIONS OF TRANSFER OF LANDS ON LOWER COLORADO 
              RIVER AND LAKE HAVASU.

    In transferring to the State under this Act lands that front on the 
Lower Colorado River or Lake Havasu (or both), the Secretary shall 
include such terms and conditions as are necessary to protect the needs 
of the Bureau of Reclamation to have access to those lands for flowage 
easements and bank line protection.
                                 <all>