[Congressional Record Volume 146, Number 85 (Thursday, June 29, 2000)]
[Senate]
[Pages S6122-S6123]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN:
  S. 2813. 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; to the Committee on Energy and 
Natural Resources.


           The Arizona Land Exchange Facilitation Act of 2000

  Mr. McCAIN. Mr. President, I rise to introduce legislation that 
authorizes the Secretary of the U.S. Department of Interior and the 
Governor of Arizona to carry out a federal-state land exchange in order 
to protect environmentally significant lands in the state and enhance 
the state education trust fund to benefit Arizona's schoolchildren.

[[Page S6123]]

  I must first make mention that Interior Secretary Bruce Babbitt and 
Governor Jane Hull of Arizona are currently involved in negotiating a 
comprehensive state-federal land exchange agreement. The Secretary and 
the Governor have been engaged in land exchange negotiations since 
January of this year, which so far have been very productive and 
positive. If their negotiations are successful and a land trade is 
agreed upon, legislation will be necessary to authorize that exchange.
  To express my strong support for a potential exchange, I am 
introducing this bill as a place holder for the necessary authorization 
to implement any agreement for a land exchange. This legislation is in 
no way intended to override or influence ongoing negotiations, nor do I 
intend to force either party to accept a proposal that is not in their 
best interests.
  The purpose of this legislation is two-fold. One, it is simply a 
framework for a future agreement. It is intended to facilitate 
discussion to define the necessary legislative authority to implement a 
state-federal land exchange in Arizona. If the details of a land 
exchange are agreed upon between the Secretary and the Governor, those 
specifics can be incorporated into this legislation.
  The second purpose is to define the necessary legislative language 
that will accommodate existing Arizona Constitutional and Arizona 
Enabling Act restrictions that require state trust lands to be managed 
for the benefit of education and other public purposes. In addition, 
the bill recognizes the important goal of resolving the federal 
government's land ``debt'' to Arizona as a result of not receiving the 
state's full allotment at statehood. This legislation proposes to use 
federal friendly-condemnation authority to effect other aspects of a 
comprehensive exchange to address the current Arizona constitutional 
restriction on land trades.
  In recent years, the people of Arizona have embraced the idea of 
promoting conservation as part of the state's land management 
objectives. Through public referenda and other proposals, the people of 
Arizona have strongly supported the concept of a state-wide effort to 
conserve unique natural areas. The federal-state land exchange 
currently under discussion could ensure that ecologically important 
state lands are placed under permanent conservation protection as part 
of an existing federal land management unit. In return, the state would 
receive parcels currently owned by the federal government that may be 
more suitable for revenue-generating activity in keeping with the 
requirements of state law. Such an exchange could accomplish both state 
conservation and education goals. The opportunity to explore and effect 
a means of serving these two important purposes should not be missed.
  In the past, some of my colleagues and I have evaluated different 
options to reduce the number of state inholdings on federal property 
and vice-versa--a situation that complicates resource management and 
does not serve the public interest. This legislation could be an 
important step forward in reducing state inholdings in federal land 
management areas which makes good environmental, economic and 
administrative sense.
  Mr. President, let me make very clear once again, this legislation is 
a starting point only. It does not represent by any means an 
endorsement of any particular lands for exchange that are currently 
under negotiation. Nor is it my intention to fast-track any proposal 
that does not abide by a fair and strict appraisal process. It is 
intended to encourage the Secretary and the Governor to forward a 
serious proposal to the Congress for consideration. Once a proposal is 
forwarded, I have every intention to consult with affected entities and 
engage in a thorough process of public input from local citizenry, 
governments and other interested parties.
  I also recognize that such land exchanges do take time and it is very 
possible that a land exchange proposal may not be finalized this year. 
My colleagues from Arizona recall as well as I do that it took three 
years to negotiate and enact the Arizona Desert Wilderness Act of 1990 
to preserve over two million acres as designated wilderness. We never 
would have accomplished that feat without the front-line leadership and 
vision of Mo Udall who initiated the process by offering a legislative 
framework. I believe that this opportunity is one that Mo would have 
supported. I hope that my colleagues and friends in Arizona will agree 
and that we can all work together on a comprehensive land exchange 
proposal that will accomplish educational and environmental objectives.
  Mr. President, I ask unanimous consent to include the full text of 
the bill in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2813

       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 ________