[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.
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