I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pima County Land 

5 Adjustment Act’’. 
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1 SEC. 2. LAND EXCHANGE, EMPIRITA-SIMONSON AND 

2 SAHUARITA PROPERTIES, ARIZONA. 

3 (a) EXCHANGE AUTHORIZED.—If Las Cienegas Con4 servation, LLC, conveys to the Secretary of the Interior 

5 all right, title, and interest of Las Cienegas Conservation, 

6 LLC, in and to the Empirita-Simonson property, the Sec7 retary shall convey to Las Cienegas Conservation, LLC, 

8 all right, title, and interest of the United States in and 

9 to the Sahuarita property. 

10 (b) BOUNDARY ADJUSTMENT.—Upon receipt of the 

11 Empirita-Simonson property, the Secretary shall modify 

12 the boundaries of the Las Cienegas National Conservation 

13 Area to include the Empirita-Simonson property. 

14 (c) TIME FOR EXCHANGE.—Except as otherwise pro15 vided by this Act, the land exchange authorized under this 

16 section shall be completed prior to the expiration of the 

17 90-day period beginning on the later of the following 

18 dates: 

19 (1) The date on which the title standards de20 scribed in section 4(a) are met with regard to the 

21 properties to be conveyed to the United States. 

22 (2) The date on which the appraisals described 

23 in section 4(c)(1) for the properties are approved by 

24 both the Secretary and Las Cienegas Conservation, 

25 LLC, or in the case of a dispute concerning an ap-
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1 praisal or appraisal issue arising under that section, 

2 the date the dispute is resolved under that section. 

3 (d) CASH EQUALIZATION PAYMENT.—

4 (1) IN GENERAL.—If the values of lands to be 

5 exchanged under this section are not equal, they 

6 shall be equalized by the payment of cash to the Sec7 retary or Las Cienegas Conservation, LLC, as the 

8 circumstances dictate, in accordance with section 

9 206(b) of the Federal Land Policy and Management 

10 Act of 1976 (43 U.S.C. 1716(b)). 

11 (2) DISPOSITION AND USE OF FUNDS.—Not12 withstanding any other provision of law, any cash 

13 equalization payment received by the Secretary 

14 under this section shall be deposited into a separate 

15 account in the Treasury, which shall be available to 

16 the Secretary, without further appropriation and 

17 until expended, solely for the purpose of—

18 (A) the acquisition of land or interests in 

19 land within or adjacent to national conservation 

20 lands in southern Arizona; and 

21 (B) resource management by the Bureau 

22 of Land Management in Pima County, Arizona. 

23 (e) WATER RIGHTS.—

24 (1) LANDS OWNED BY PIMA COUNTY.—The ex25 change under this section may not take place unless 
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1 Neal Simonson (or his successors in interest) and 

2 Pima County, Arizona, enter into an agreement 

3 under which Neal Simonson (or his successors in in4 terest) relinquishes to Pima County any right to 

5 withdraw water from lands owned by Pima County 

6 in section 17, township 17 south, range 18 east, Gila 

7 and Salt River Baseline and Meridian. 

8 (2) EMPIRITA-SIMONSON PROPERTY.—The ex9 change under this section may not take place unless 

10 Neal Simonson (or his successors in interest) and 

11 the Secretary enter into an agreement under which 

12 Neal Simonson (or his successors in interest) limits 

13 his reserved withdrawal right on the Empirita14 Simonson property to maximum of 550 acre feet per 

15 year. 

16 (f) ROAD ACCESS.—Within 18 months after acquisi17 tion by the United States of title to the Empirita18 Simonson property, the Secretary shall provide the Sec19 retary of Agriculture a right of way for motorized public 

20 road access through the Empirita-Simonson property to 

21 the boundary of the Coronado National Forest, acting 

22 pursuant to section 507 of the Federal Land Policy and 

23 Management Act of 1976 (43 U.S.C. 1767). 

24 (g) ENVIRONMENTAL REVIEW.—As a condition of 

25 the exchange authorized by this section, Las Cienegas 
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1 Conservation, LLC, shall pay direct costs incurred in con2 nection with the environmental review and any required 

3 mitigation of the selected lands. 

4 (h) ENDANGERED SPECIES ACT REVIEW.—The Sec5 retary shall review the conveyance of the Sahuarita prop6 erty under this section in accordance with section 7(a)(1) 

7 of the Endangered Species Act of 1973 (16 U.S.C. 

8 1536(a)(1)). 

9 SEC. 3. ACQUISITION AND CONVEYANCE OF TUMAMOC 

10 HILL PROPERTY. 

11 (a) ACQUISITION OF TUMAMOC HILL PROPERTY.—

12 (1) IN GENERAL.—Notwithstanding any other 

13 provision of law, upon the expiration of the 30-day 

14 period beginning on the date of the enactment of 

15 this Act, all right, title, and interest to, and the 

16 right to immediate possession of, the Tumamoc Hill 

17 property is hereby vested in the United States. The 

18 Tumamoc Hill property shall remain subject to ex19 isting easements of record. 

20 (2) COMPENSATION.—As consideration for the 

21 Tumamoc Hill property acquired under paragraph 

22 (1), the State of Arizona, State Land Department, 

23 shall receive an amount equal to the agreed nego24 tiated value of the Tumamoc Hill property, deter-
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1 mined as of the date of the acquisition, or the just 

2 compensation determined by judgment. 

3 (3) DETERMINATION OF VALUE BY COURT.—In 

4 the absence of agreement as to the amount of just 

5 compensation, the State of Arizona or the Secretary 

6 may initiate a proceeding in the United States Dis7 trict Court for the District of Arizona seeking a de8 termination of just compensation for the acquisition 

9 of the Tumamoc Hill property. 

10 (4) WITHDRAWAL.—Subject to valid existing 

11 rights, the Tumamoc Hill property is withdrawn 

12 from—

13 (A) all forms of entry and appropriation 

14 under the public land laws; 

15 (B) location, entry, and patent under the 

16 mining laws; and 

17 (C) operation of the mineral leasing, min18 eral materials, and geothermal leasing laws. 

19 (b) CONVEYANCE AUTHORIZED.—

20 (1) IN GENERAL.—When Pima County, Ari21 zona, pays to the State of Arizona, State Land De22 partment, the amount of compensation determined 

23 under subsection (a), the Secretary shall convey to 

24 Pima County all right, title, and interest of the 

25 United States in and to the Tumamoc Hill property. 
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1 (2) TIME FOR CONVEYANCE.—The conveyance 

2 authorized under paragraph (1) shall be completed 

3 prior to the expiration of the 180-day period which 

4 begins on the date Pima County pays to the State 

5 of Arizona, State Land Department, the amount de6 scribed in paragraph (1). 

7 SEC. 4. ADMINISTRATION OF LAND EXCHANGES. 

8 (a) TITLE STANDARDS.—The Secretary shall require 

9 that title to the lands to be exchanged under this Act con10 form with the title standards of the Attorney General of 

11 the United States. 

12 (b) CORRECTIONS TO LEGAL DESCRIPTIONS.—By 

13 mutual agreement, the Secretary and the party involved 

14 may adjust the legal descriptions contained in this Act to 

15 correct errors or to make minor adjustments in the bound16 aries of the lands to be exchanged. 

17 (c) APPRAISALS.—

18 (1) IN GENERAL.—The values of the lands to 

19 be exchanged under this Act shall be determined by 

20 the Secretary through an appraisal performed by a 

21 qualified appraiser selected from the Department of 

22 the Interior approved contractor list and mutually 

23 agreed to by the Secretary and the party involved 

24 and performed in conformance with the Uniform Ap25 praisal Standards for Federal Land Acquisitions 
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1 (United States Department of Justice, December 

2 2000), the Uniform Standards of Professional Ap3 praisal Practice, and section 206(d) of the Federal 

4 Land Policy and Management Act of 1976 (43 

5 U.S.C. 1716(d)). 

6 (2) DEADLINE FOR APPRAISALS.—All apprais7 als under this Act shall be completed and submitted 

8 to the Secretary and the party involved for approval 

9 before the expiration of the 180-day period begin10 ning on the date of the enactment of this Act. 

11 (d) DEADLINE FOR ENVIRONMENTAL REVIEWS.—

12 Before the expiration of the 180-day period beginning on 

13 the date of the enactment of this Act, the Secretary shall 

14 complete all environmental reviews of lands to be ex15 changed under this Act that are required by the National 

16 Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

17 seq.). 

18 (e) ELGIN LANDFILL.—The boundary of the Las 

19 Cienegas National Conservation Area is modified to ex20 clude the 40-acre tract presently leased by the Bureau of 

21 land management to the town of Elgin, Arizona, for a san22 itary landfill. 

23 SEC. 5. DEFINITIONS. 

24 In this Act: 
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1 (1) The term ‘‘Empirita-Simonson property’’ 

2 means the parcel of land consisting of approximately 

3 2,490 acres in sections 14, 22, 23, 24, 25, 26, and 

4 36, township 17 south, range 18 east, Gila and Salt 

5 River Base and Meridian. 

6 (2) The term ‘‘Sahuarita property’’ means the 

7 parcel of land consisting of approximately 1,280 

8 acres in sections 5, 7, and 8, township 17 south, 

9 range 15 east, Gila and Salt River Base and Merid10 ian. 

11 (3) The term ‘‘Secretary’’ means the Secretary 

12 of the Interior. 

13 (4) The term ‘‘Tumamoc Hill property’’ means 

14 the parcel of land owned by the State of Arizona 

15 consisting of approximately 290 acres in sections 9, 

16 10, 15, and 16 township 14 south, range 13 east, 

17 Gila and Salt River Base and Meridian, excluding 

18 approximately 30 acres of landfill as shown on the 

19 map on file in the records of Pima County, Arizona.

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