[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.
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