[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4943 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4943

    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 boundaries of the 
    Ironwood Forest National Monument and the Las Cienegas National 
               Conservation Area, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2004

Mr. Grijalva (for himself and 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 boundaries of the 
    Ironwood Forest National Monument and 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, IRONWOOD-MOORE, 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 Ironwood-Moore 
property and 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 and Pima 
        County, Arizona, enter into an agreement under which Neal 
        Simonson 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 and the 
        Secretary enter into an agreement under which Neal Simonson 
        limits his reserved withdrawal right on the Empirita-Simonson 
        property to maximum of 550 acre feet per year.
    (f) Road Access Prohibited.--The Secretary may not construct or 
authorize the construction of any temporary or permanent road in any 
portion of the Empirita-Simonson property acquired under this section 
if the road would provide access to or from any property which is not 
within the Las Cienegas National Conservation Area.
    (g) Environmental Review.--As a condition of the exchange, Las 
Cienegas Conservation, LLC, shall reimburse the Secretary for the 
direct costs of all environmental reviews of the lands to be exchanged 
under this section that are required by the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    (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.
    (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 
        60-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 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.).

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 ``Ironwood-Moore property'' means the parcel 
        of land consisting of approximately 600 acres in section 32, 
        township 11 south, range 9 east, Gila and Salt River Base and 
        Meridian.
            (3) 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.
            (4) The term ``Secretary'' means the Secretary of the 
        Interior.
            (5) 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.
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