Text: H.R.5177 — 110th Congress (2007-2008)All Information (Except Text)

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Introduced in House (01/29/2008)


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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