II

106TH CONGRESS

2D SESSION S. 2813

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.

IN THE SENATE OF THE UNITED STATES

JUNE 29, 2000

Mr. MCCAIN introduced the following bill; which was read twice and referred

to the Committee on Energy and Natural Resources

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.

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

2 This Act may be cited as the ‘‘Arizona Land Ex3 change Facilitation Act of 2000’’.

4 SEC. 2. FINDINGS AND PURPOSES.

5 (a) FINDINGS.—Congress finds that—

6 (1) when the State of Arizona entered the

7 Union, the State was granted more than 9,000,000

8 acres of State trust land to be held in permanent

9 trust to be managed on behalf of the beneficiaries of

10 the trust, primarily Arizona’s schoolchildren;

11 (2) the State is entitled to select additional land

12 of a value that is approximately equal to the value

13 of 15,234 acres of in lieu base land from vacant, un14 appropriated, and unreserved Federal land to fulfill

15 the entitlement arising from the Act of June 20,

16 1910 (36 Stat. 557, chapter 310), and the consent

17 judgment known as the ‘‘San Carlos Consent Judg18 ment’’ entered in State of Arizona v. Rogers C.B.

19 Morton, Court Document 74–696–PHX–WPC (D.

20 Ariz. (1978));

21 (3) while the State has recognized that certain

22 State trust land is of unique and significant value

23 and ought to be conserved as open space to benefit

24 future generations, while ensuring that there is a

25 higher benefit to public schools and other trust bene26 ficiaries, there is no mechanism currently available
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1 to the State to conserve such unique State trust

2 land; and

3 (4) an exchange of certain Federal and State

4 land in Arizona will provide for improved land man5 agement by the Federal and State governments by

6 exchanging certain State trust land that is of signifi7 cant ecological value for permanent protection for

8 certain Federal land that is suitable for the revenue

9 generation mission of the State and other purposes

10 identified by the State on behalf of its beneficiaries.

11 (b) PURPOSES.—The purposes of this Act are to im12 prove manageability of Federal public land and State trust

13 land in the State, to promote the conservation of unique

14 natural areas, and to fulfill obligations to the beneficiaries

15 of State trust land by providing for a land conveyance and

16 a land exchange between the Federal and State govern17 ments under which—

18 (1) the Secretary of the Interior shall identify

19 a pool of parcels of land that are vacant, unappro20 priated, unreserved, and suitable for disposal, so

21 that the State may select Federal land that the Sec22 retary shall convey to the State to fulfill the State’s

23 entitlement under the State’s enabling act; and

24 (2) the Secretary shall acquire certain State

25 trust land in the State by eminent domain, with the
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1 consent of the State, in exchange for certain Federal

2 land.

3 SEC. 3. DEFINITIONS.

4 In this Act:

5 (1) IN LIEU BASE LAND.—The term ‘‘in lieu

6 base land’’ means land granted to the State under

7 section 25 of the Act of June 20, 1910 (36 Stat.

8 573).

9 (2) SECRETARY.—The term ‘‘Secretary’’ means

10 the Secretary of the Interior.

11 (3) STATE.—The term ‘‘State’’ means the State

12 of Arizona.

13 (4) STATE TRUST LAND.—The term ‘‘State

14 trust land’’ means all right, title, and interest of the

15 State on the date of enactment of this Act in and

16 to—

17 (A) land (including the mineral estate)

18 granted by the United States under sections 24

19 and 25 of the Act of June 20, 1910 (36 Stat.

20 572, 573, chapter 310); and

21 (B) land (including the mineral estate)

22 owned by the State on the date of enactment of

23 this Act that, under State law, is required to be

24 managed for the benefit of the public school
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1 system or the institutions of the State des2 ignated under that Act.

3 SEC. 4. FULFILLMENT OF ENTITLEMENT UNDER THE ENA4 BLING ACT.

5 (a) IN GENERAL.—Not later than 60 days after the

6 date of enactment of this Act, the Secretary shall identify

7 land under the jurisdiction of the Secretary that—

8 (1) is vacant, unappropriated, and unreserved;

9 and

10 (2) is suitable for disposal under land manage11 ment plans in effect on the date of enactment of this

12 Act.

13 (b) SELECTION.—Not later than 120 days after the

14 date of enactment of this Act, the State shall select land,

15 identified by the Secretary under subsection (a), of ap16 proximately equal value (determined in accordance with

17 section 6) to the 15,234 acres of in lieu base land identi18 fied as base land depicted on the map entitled ‘‘Arizona

19 State Trust Base Lands Not Compensated by the Federal

20 Government’’ and dated llll.

21 (c) CONVEYANCE.—On final agreement between the

22 Secretary and the State under section 7(a), the Secretary

23 shall convey to the State the land selected by the State

24 under subsection (b).
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1 SEC. 5. LAND EXCHANGE.

2 (a) CONVEYANCE BY THE SECRETARY OF FEDERAL

3 LAND.—

4 (1) IN GENERAL.—In exchange for the State

5 trust land acquired by the Secretary under sub6 section (b), the Secretary shall convey to the State

7 Federal land described in paragraph (2) that is of

8 a value that is approximately equal to the value of

9 the acquired State trust land, as determined under

10 section 6.

11 (2) FEDERAL LAND.—The Federal land re12 ferred to in paragraph (1) is land under the jurisdic13 tion of the Secretary and in the State that the Sec14 retary determines is available for exchange under

15 this Act.

16 (b) ACQUISITION BY THE SECRETARY OF STATE

17 TRUST LAND.—

18 (1) IN GENERAL.—The Secretary shall—

19 (A) on final agreement between the Sec20 retary and the State under section 7(a), acquire

21 by eminent domain the State designated trust

22 land described in paragraph (2); and

23 (B) manage the land in accordance with

24 paragraph (3).

25 (2) STATE TRUST LAND.—The State trust land

26 referred to in paragraph (1) is land under the juris-
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1 diction of the State that the State determines is

2 available for exchange under this Act.

3 (3) MANAGEMENT OF LAND ACQUIRED BY THE

4 SECRETARY.—

5 (A) IN GENERAL.—On acceptance of title

6 by the United States, any land or interest in

7 land acquired by the United States under this

8 section that is located within the boundaries of

9 a unit of the National Park System, the Na10 tional Wildlife Refuge System, or any other sys11 tem established by Act of Congress—

12 (i) shall become a part of the unit;

13 and

14 (ii) shall be subject to all laws (includ15 ing regulations) applicable to the unit.

16 (B) ALL OTHER LAND.—Any land or inter17 est in land acquired by the United States under

18 this section (other than land or an interest in

19 land described in subparagraph (A))—

20 (i) shall be administered by the Bu21 reau of Land Management in accordance

22 with laws (including regulations) applicable

23 to the management of public land under

24 the administration of the Bureau of Land

25 Management; or
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1 (ii) where appropriate to protect land

2 of unique ecological value, may be made

3 subject to special management consider4 ations, including a conservation easement,

5 to—

6 (I) protect the land or interest in

7 land from development; and

8 (II) preserve open space.

9 (4) WITHDRAWAL.—Subject to valid existing

10 rights, all land acquired by the Secretary under this

11 subsection is withdrawn from all forms of entry, ap12 propriation, or disposal under the public land laws,

13 from location, entry, and patent under the mining

14 laws, and from operation of the mineral leasing and

15 geothermal leasing laws.

16 SEC. 6. DETERMINATION OF VALUE.

17 (a) IN GENERAL.—All exchanges authorized under

18 this Act shall be for approximately equal value.

19 (b) APPRAISAL PROCESS.—The Secretary and the

20 State shall jointly determine an independent appraisal

21 process, which shall reflect nationally recognized appraisal

22 standards, including, to the extent appropriate, the Uni23 form Appraisal Standards for Federal Land Acquisitions,

24 to estimate values for the categories and groupings of land
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1 to be conveyed under section 4 and exchanged under sec2 tion 5.

3 (c) DISPUTE RESOLUTION.—In the case of a dispute

4 concerning an appraisal or appraisal issue that arises in

5 the appraisal process, the appraisal or appraisal issue shall

6 be resolved in accordance with section 206(d)(2) of the

7 Federal Land Policy and Management Act of 1976 (43

8 U.S.C. 1716(d)(2)).

9 (d) ADJUSTMENT TO ACHIEVE EQUAL VALUE.—

10 After the values of the parcels of land are determined, the

11 Secretary and the State may—

12 (1) add or remove parcels to achieve a package

13 of equally valued Federal land and State trust land;

14 and

15 (2) make public a list of the parcels included in

16 the package.

17 (e) EFFECT OF DETERMINATION.—A determination

18 of the value of a parcel of land under this section shall

19 serve to establish the value of the parcel or interest in

20 land in any eminent domain proceeding.

21 (f) COSTS.—The costs of carrying out this section

22 shall be shared equally by the Secretary and the State.

23 SEC. 7. CONVEYANCES OF TITLE.

24 (a) AGREEMENT.—The Secretary and the State shall

25 enter into an agreement that specifies the terms under
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1 which land and interests in land shall be conveyed under

2 sections 4 and 5, consistent with this section.

3 (b) CONVEYANCES BY THE UNITED STATES.—All

4 conveyances by the United States to the State under this

5 Act shall be subject to valid existing rights and other in6 terests held by third parties.

7 (c) CONVEYANCES BY THE STATE.—All conveyances

8 by the State to the United States under this Act shall be

9 subject only to such valid existing surface and mineral

10 leases, grazing permits and leases, easements, rights-of11 way, and other interests held by third parties as are deter12 mined to be acceptable under the title regulations of the

13 Attorney General of the United States.

14 (d) TIMING.—The conveyance of all land and inter15 ests in land to be conveyed under this Act shall be made

16 not later than 60 days after final agreement is reached

17 between the Secretary and the State under subsection (a).

18 (e) FORM OF CONVEYANCE.—A conveyance of land

19 or an interest in land by the State to the United States

20 under this section shall be in such form as is determined

21 to be acceptable under the title regulations of the Attorney

22 General of the United States.

23 SEC. 8. GENERAL PROVISIONS.

24 (a) HAZARDOUS WASTE.—
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1 (1) IN GENERAL.—Notwithstanding the convey2 ance to the United States of land or an interest in

3 land, the State shall continue to be responsible for

4 all environmental remediation, waste management,

5 and environmental compliance activities arising from

6 ownership and control of the land or interest in land

7 under applicable Federal and State laws with respect

8 to conditions existing on the land on the date of con9 veyance.

10 (2) CONTINUING RESPONSIBILITY.—Notwith11 standing the conveyance to the State of land or an

12 interest in land, the United States shall continue to

13 be responsible for all environmental remediation,

14 waste management, and environmental compliance

15 activities arising from ownership and control of the

16 land or interest in land under applicable Federal and

17 State laws with respect to conditions existing on the

18 land on the date of conveyance.

19 (b) COSTS.—The United States and the State shall

20 each bear its own respective costs incurred in the imple21 mentation of this Act, except for the costs incurred under

22 section 6.

23 (c) MAPS AND LEGAL DESCRIPTIONS.—The State

24 and the Secretary shall each provide to the other the legal

25 descriptions and maps of the parcels of land and interests
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1 in land under their respective jurisdictions that are to be

2 exchanged under this Act.

3 SEC. 9. LAS CIENEGAS STUDY.

4 (a) IN GENERAL.—Not later than 1 year after the

5 date of enactment of this Act, the Secretary, in consulta6 tion with the State, shall—

7 (1) conduct a study of land values of all State

8 trust land within the exterior boundaries of the pro9 posed conservation area under the Las Cienegas Na10 tional Conservation Area Establishment Act of 1999,

11 H.R. 2941, 106th Congress, in Pima County and

12 Santa Cruz County, Arizona; and

13 (2) submit to Congress a recommendation on

14 whether any such land should be acquired by the

15 Federal Government.

16 (b) CONTENTS.—The study shall include an examina17 tion of possible forms of compensation for the State trust

18 land within the proposed Las Cienegas National Conserva19 tion Area, including—

20 (1) cash payments;

21 (2) Federal administrative sites under the man22 agement of the Administrator of General Services;

23 (3) water rights; and

24 (4) relief from debt payment for the Central

25 Arizona Water Conservation District.
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1 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated such sums

3 as are necessary to carry out this Act.

4 SEC. 11. EXPIRATION OF AUTHORITY.

5 The authority of the Secretary to make the land con6 veyance under section 4 and the land exchange under sec7 tion 5 expires on the date that is 2 years after the date

8 of enactment of this Act.

Æ