[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2813 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2813

To provide for a land exchange to fulfill the Federal obligation to the 
  State of Arizona under the State's enabling act, and to use certain 
 Federal land in Arizona to acquire by eminent domain State trust land 
 located adjacent to Federal land for the purpose of improving public 
 land management, enhancing the conservation of unique natural areas, 
 and fulfilling the purposes for which State trust land is set aside, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 29, 2000

  Mr. McCain introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To provide for a land exchange to fulfill the Federal obligation to the 
  State of Arizona under the State's enabling act, and to use certain 
 Federal land in Arizona to acquire by eminent domain State trust land 
 located adjacent to Federal land for the purpose of improving public 
 land management, enhancing the conservation of unique natural areas, 
 and fulfilling the purposes for which State trust land is set aside, 
                        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 ``Arizona Land Exchange Facilitation 
Act of 2000''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) when the State of Arizona entered the Union, the State 
        was granted more than 9,000,000 acres of State trust land to be 
        held in permanent trust to be managed on behalf of the 
        beneficiaries of the trust, primarily Arizona's schoolchildren;
            (2) the State is entitled to select additional land of a 
        value that is approximately equal to the value of 15,234 acres 
        of in lieu base land from vacant, unappropriated, and 
        unreserved Federal land to fulfill the entitlement arising from 
        the Act of June 20, 1910 (36 Stat. 557, chapter 310), and the 
        consent judgment known as the ``San Carlos Consent Judgment'' 
        entered in State of Arizona v. Rogers C.B. Morton, Court 
        Document 74-696-PHX-WPC (D. Ariz. (1978));
            (3) while the State has recognized that certain State trust 
        land is of unique and significant value and ought to be 
        conserved as open space to benefit future generations, while 
        ensuring that there is a higher benefit to public schools and 
        other trust beneficiaries, there is no mechanism currently 
        available to the State to conserve such unique State trust 
        land; and
            (4) an exchange of certain Federal and State land in 
        Arizona will provide for improved land management by the 
        Federal and State governments by exchanging certain State trust 
        land that is of significant ecological value for permanent 
        protection for certain Federal land that is suitable for the 
        revenue generation mission of the State and other purposes 
        identified by the State on behalf of its beneficiaries.
    (b) Purposes.--The purposes of this Act are to improve 
manageability of Federal public land and State trust land in the State, 
to promote the conservation of unique natural areas, and to fulfill 
obligations to the beneficiaries of State trust land by providing for a 
land conveyance and a land exchange between the Federal and State 
governments under which--
            (1) the Secretary of the Interior shall identify a pool of 
        parcels of land that are vacant, unappropriated, unreserved, 
        and suitable for disposal, so that the State may select Federal 
        land that the Secretary shall convey to the State to fulfill 
        the State's entitlement under the State's enabling act; and
            (2) the Secretary shall acquire certain State trust land in 
        the State by eminent domain, with the consent of the State, in 
        exchange for certain Federal land.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) In lieu base land.--The term ``in lieu base land'' 
        means land granted to the State under section 25 of the Act of 
        June 20, 1910 (36 Stat. 573).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) State.--The term ``State'' means the State of Arizona.
            (4) State trust land.--The term ``State trust land'' means 
        all right, title, and interest of the State on the date of 
        enactment of this Act in and to--
                    (A) land (including the mineral estate) granted by 
                the United States under sections 24 and 25 of the Act 
                of June 20, 1910 (36 Stat. 572, 573, chapter 310); and
                    (B) land (including the mineral estate) owned by 
                the State on the date of enactment of this Act that, 
                under State law, is required to be managed for the 
                benefit of the public school system or the institutions 
                of the State designated under that Act.

SEC. 4. FULFILLMENT OF ENTITLEMENT UNDER THE ENABLING ACT.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Secretary shall identify land under the jurisdiction 
of the Secretary that--
            (1) is vacant, unappropriated, and unreserved; and
            (2) is suitable for disposal under land management plans in 
        effect on the date of enactment of this Act.
    (b) Selection.--Not later than 120 days after the date of enactment 
of this Act, the State shall select land, identified by the Secretary 
under subsection (a), of approximately equal value (determined in 
accordance with section 6) to the 15,234 acres of in lieu base land 
identified as base land depicted on the map entitled ``Arizona State 
Trust Base Lands Not Compensated by the Federal Government'' and dated 
________.
    (c) Conveyance.--On final agreement between the Secretary and the 
State under section 7(a), the Secretary shall convey to the State the 
land selected by the State under subsection (b).

SEC. 5. LAND EXCHANGE.

    (a) Conveyance by the Secretary of Federal Land.--
            (1) In general.--In exchange for the State trust land 
        acquired by the Secretary under subsection (b), the Secretary 
        shall convey to the State Federal land described in paragraph 
        (2) that is of a value that is approximately equal to the value 
        of the acquired State trust land, as determined under section 
        6.
            (2) Federal land.--The Federal land referred to in 
        paragraph (1) is land under the jurisdiction of the Secretary 
        and in the State that the Secretary determines is available for 
        exchange under this Act.
    (b) Acquisition by the Secretary of State Trust Land.--
            (1) In general.--The Secretary shall--
                    (A) on final agreement between the Secretary and 
                the State under section 7(a), acquire by eminent domain 
                the State designated trust land described in paragraph 
                (2); and
                    (B) manage the land in accordance with paragraph 
                (3).
            (2) State trust land.--The State trust land referred to in 
        paragraph (1) is land under the jurisdiction of the State that 
        the State determines is available for exchange under this Act.
            (3) Management of land acquired by the secretary.--
                    (A) In general.--On acceptance of title by the 
                United States, any land or interest in land acquired by 
                the United States under this section that is located 
                within the boundaries of a unit of the National Park 
                System, the National Wildlife Refuge System, or any 
                other system established by Act of Congress--
                            (i) shall become a part of the unit; and
                            (ii) shall be subject to all laws 
                        (including regulations) applicable to the unit.
                    (B) All other land.--Any land or interest in land 
                acquired by the United States under this section (other 
                than land or an interest in land described in 
                subparagraph (A))--
                            (i) shall be administered by the Bureau of 
                        Land Management in accordance with laws 
                        (including regulations) applicable to the 
                        management of public land under the 
                        administration of the Bureau of Land 
                        Management; or
                            (ii) where appropriate to protect land of 
                        unique ecological value, may be made subject to 
                        special management considerations, including a 
                        conservation easement, to--
                                    (I) protect the land or interest in 
                                land from development; and
                                    (II) preserve open space.
            (4) Withdrawal.--Subject to valid existing rights, all land 
        acquired by the Secretary under this subsection is withdrawn 
        from all forms of entry, appropriation, or disposal under the 
        public land laws, from location, entry, and patent under the 
        mining laws, and from operation of the mineral leasing and 
        geothermal leasing laws.

SEC. 6. DETERMINATION OF VALUE.

    (a) In General.--All exchanges authorized under this Act shall be 
for approximately equal value.
    (b) Appraisal Process.--The Secretary and the State shall jointly 
determine an independent appraisal process, which shall reflect 
nationally recognized appraisal standards, including, to the extent 
appropriate, the Uniform Appraisal Standards for Federal Land 
Acquisitions, to estimate values for the categories and groupings of 
land to be conveyed under section 4 and exchanged under section 5.
    (c) Dispute Resolution.--In the case of a dispute concerning an 
appraisal or appraisal issue that arises in the appraisal process, the 
appraisal or appraisal issue shall be resolved in accordance with 
section 206(d)(2) of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1716(d)(2)).
    (d) Adjustment To Achieve Equal Value.--After the values of the 
parcels of land are determined, the Secretary and the State may--
            (1) add or remove parcels to achieve a package of equally 
        valued Federal land and State trust land; and
            (2) make public a list of the parcels included in the 
        package.
    (e) Effect of Determination.--A determination of the value of a 
parcel of land under this section shall serve to establish the value of 
the parcel or interest in land in any eminent domain proceeding.
    (f) Costs.--The costs of carrying out this section shall be shared 
equally by the Secretary and the State.

SEC. 7. CONVEYANCES OF TITLE.

    (a) Agreement.--The Secretary and the State shall enter into an 
agreement that specifies the terms under which land and interests in 
land shall be conveyed under sections 4 and 5, consistent with this 
section.
    (b) Conveyances by the United States.--All conveyances by the 
United States to the State under this Act shall be subject to valid 
existing rights and other interests held by third parties.
    (c) Conveyances by the State.--All conveyances by the State to the 
United States under this Act shall be subject only to such valid 
existing surface and mineral leases, grazing permits and leases, 
easements, rights-of-way, and other interests held by third parties as 
are determined to be acceptable under the title regulations of the 
Attorney General of the United States.
    (d) Timing.--The conveyance of all land and interests in land to be 
conveyed under this Act shall be made not later than 60 days after 
final agreement is reached between the Secretary and the State under 
subsection (a).
    (e) Form of Conveyance.--A conveyance of land or an interest in 
land by the State to the United States under this section shall be in 
such form as is determined to be acceptable under the title regulations 
of the Attorney General of the United States.

SEC. 8. GENERAL PROVISIONS.

    (a) Hazardous Waste.--
            (1) In general.--Notwithstanding the conveyance to the 
        United States of land or an interest in land, the State shall 
        continue to be responsible for all environmental remediation, 
        waste management, and environmental compliance activities 
        arising from ownership and control of the land or interest in 
        land under applicable Federal and State laws with respect to 
        conditions existing on the land on the date of conveyance.
            (2) Continuing responsibility.--Notwithstanding the 
        conveyance to the State of land or an interest in land, the 
        United States shall continue to be responsible for all 
        environmental remediation, waste management, and environmental 
        compliance activities arising from ownership and control of the 
        land or interest in land under applicable Federal and State 
        laws with respect to conditions existing on the land on the 
        date of conveyance.
    (b) Costs.--The United States and the State shall each bear its own 
respective costs incurred in the implementation of this Act, except for 
the costs incurred under section 6.
    (c) Maps and Legal Descriptions.--The State and the Secretary shall 
each provide to the other the legal descriptions and maps of the 
parcels of land and interests in land under their respective 
jurisdictions that are to be exchanged under this Act.

SEC. 9. LAS CIENEGAS STUDY.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary, in consultation with the State, shall--
            (1) conduct a study of land values of all State trust land 
        within the exterior boundaries of the proposed conservation 
        area under the Las Cienegas National Conservation Area 
        Establishment Act of 1999, H.R. 2941, 106th Congress, in Pima 
        County and Santa Cruz County, Arizona; and
            (2) submit to Congress a recommendation on whether any such 
        land should be acquired by the Federal Government.
    (b) Contents.--The study shall include an examination of possible 
forms of compensation for the State trust land within the proposed Las 
Cienegas National Conservation Area, including--
            (1) cash payments;
            (2) Federal administrative sites under the management of 
        the Administrator of General Services;
            (3) water rights; and
            (4) relief from debt payment for the Central Arizona Water 
        Conservation District.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.

SEC. 11. EXPIRATION OF AUTHORITY.

    The authority of the Secretary to make the land conveyance under 
section 4 and the land exchange under section 5 expires on the date 
that is 2 years after the date of enactment of this Act.
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