I 

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. 

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, BLOOM, 

2 AND 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 in and to the Empirita6 Simonson property and the Bloom property, the Secretary 

7 shall convey to Las Cienegas Conservation, LLC, all right, 

8 title, and interest in and to the Sahuarita property. 

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

10 Empirita-Simonson property and the Bloom property, the 

11 Secretary shall— 

12 (1) modify the boundaries of the Las Cienegas 

13 National Conservation Area to include the Empirita14 Simonson property; and 

15 (2) modify the boundaries of the Saguaro Na16 tional Park to include the Bloom property. 

17 (c) TIME FOR EXCHANGE.—Except as otherwise pro18 vided by this Act, the land exchange authorized under this 

19 section shall be completed prior to the expiration of the 

20 90-day period beginning on the later of the following 

21 dates: 

22 (1) The date on which the title standards de23 scribed in this Act are met with regard to the prop24 erties to be conveyed to the United States. 

25 (2) The date on which the appraisals described 

26 in this Act for the properties are approved by both 


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1 the Secretary and Las Cienegas Conservation, LLC, 

2 or in the case of a dispute concerning an appraisal 

3 or appraisal issue arising under that section, the 

4 date the dispute is resolved under that section. 

5 (d) WATER RIGHTS.— 

6 (1) LANDS OWNED BY PIMA COUNTY.—The ex7 change under this section may not take place unless 

8 Neal Simonson (or his successors in interest) and 

9 Pima County, Arizona, enter into an agreement 

10 under which Neal Simonson (or his successors in in11 terest) relinquishes to Pima County any right to 

12 withdraw water from lands owned by Pima County 

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

14 and Salt River Baseline and Meridian. 

15 (2) EMPIRITA-SIMONSON PROPERTY.—The ex16 change under this section may not take place unless 

17 Neal Simonson (or his successors in interest) and 

18 the Secretary enter into an agreement under which 

19 Neal Simonson (or his successors in interest) limits 

20 his reserved withdrawal right on the Empirita21 Simonson property to maximum of 550 acre feet per 

22 year. 

23 (e) ENVIRONMENTAL REVIEW.—As a condition of the 

24 exchange authorized by this section, Las Cienegas Con25 servation, LLC, shall pay direct costs incurred in connecVerDate Aug 31 2005 01:59 Jan 31, 2008 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5177.IH H5177

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1 tion with the environmental review and any required miti2 gation of the selected lands. 

3 (f) ENDANGERED SPECIES ACT REVIEW.—The Sec4 retary shall review the conveyance of the Sahuarita prop5 erty under this section in accordance with section 7(a)(1) 

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

7 1536(a)(1)). 

8 SEC. 3. ACQUISITION AND CONVEYANCE OF TUMAMOC 

9 HILL PROPERTY. 

10 (a) ACQUISITION OF TUMAMOC HILL PROPERTY.— 

11 (1) IN GENERAL.—Notwithstanding any other 

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

13 period beginning on the date of the enactment of 

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

15 right to immediate possession of, the Tumamoc Hill 

16 property is hereby vested in the United States. The 

17 Tumamoc Hill property shall remain subject to ex18 isting easements of record. 

19 (2) COMPENSATION.—As consideration for the 

20 Tumamoc Hill property acquired under paragraph 

21 (1) and as a condition of the exchange under section 

22 2, the Las Cienegas Conservation, LLC, shall pay to 

23 the State of Arizona, State Land Department, an 

24 amount equal to the agreed negotiated value of the 

25 Tumamoc Hill property, determined as of the date 


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1 of the acquisition, or the just compensation deter2 mined 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, upon acquisition under this section, the 

12 Tumamoc Hill property is withdrawn 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.— 

20 (1) IN GENERAL.—Upon payment of costs 

21 under paragraph (2) of this subsection and payment 

22 of compensation in accordance with subsection 

23 (a)(2), the United States shall convey all right, title, 

24 and interest of the United States to the Tumamoc 

25 Hill property to Pima County. 


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1 (2) COSTS.—Pima County shall pay all costs 

2 (not including the compensation required under sub3 section (a)(2) associated with the conveyance author4 ized by paragraph (1). 

5 (3) USE OF LAND.—Pima County shall— 

6 (A) own and manage the property con7 veyed under paragraph (1) in such a manner 

8 that the property shall be preserved forever in 

9 its predominantly open, scenic, undeveloped, 

10 and natural condition; 

11 (B) promote the conservation purposes of 

12 the property; and 

13 (C) prevent any uses of the property that 

14 will significantly impair or interfere with the bi15 ological and cultural importance of the prop16 erty. 

17 (c) REVERTER.—If the property conveyed under sub18 section (b) ceases to be owned and managed in accordance 

19 with subsection (b), all right, title, and interest to the 

20 property shall revert to the United States to be used for 

21 those purposes, if the Secretary determines that such a 

22 reversion is in the best interests of the United States. 

23 SEC. 4. VALUATION OF LAND EXCHANGED. 

24 (a) EXCHANGE VALUATION.— 


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

2 be exchanged under this Act shall be determined by 

3 the Secretary through concurrent appraisals con4 ducted in accordance with paragraph (2). 

5 (2) APPRAISALS.— 

6 (A) IN GENERAL.—An appraisal under this 

7 section shall be— 

8 (i) performed by an appraiser mutu9 ally agreed to by the parties to the ex10 change; 

11 (ii) performed in accordance with— 

12 (I) the Uniform Appraisal Stand13 ards for Federal Land Acquisitions 

14 (Department of Justice, 5th Edition, 

15 December 20, 2000); 

16 (II) the Uniform Standards of 

17 Professional Appraisal Practice; and 

18 (III) Forest Service appraisal in19 structions; and 

20 (iii) submitted to the Secretary for re21 view and approval. 

22 (B) REAPPRAISALS AND UPDATED AP23 PRAISED VALUES.—After the final appraised 

24 value of a parcel is determined and approved 

25 under subparagraph (A), the Secretary shall 


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1 not be required to reappraise or update the 

2 final appraised value. 

3 (C) DEADLINE FOR APPRAISALS.—All ap4 praisals under this Act shall be completed and 

5 submitted to the Secretary and the party in6 volved for approval before the expiration of the 

7 180-day period beginning on the date of the en8 actment of this Act. 

9 (D) PUBLIC REVIEW.—Before carrying out 

10 a land exchange under this Act, the Secretary 

11 shall make available for public review a sum12 mary of the appraisals of the land to be ex13 changed. 

14 (b) VALUES DEEMED EQUAL.—If the values of lands 

15 to be exchanged under section 2 are not found to be equal 

16 under the appraisals required under this Act— 

17 (1) the values shall be deemed to be equal for 

18 the purposes of the land exchanges authorized under 

19 this Act; 

20 (2) no equalization payment or land adjustment 

21 shall be made based on the values; and 

22 (3) a party to the exchange may decide not to 

23 move forward with the exchange, if the land that 

24 party will transfer (or, in the case of Las Cienegas 

25 Conservation, LLC, the land that party will transfer 


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1 plus the amount that party will pay under section 

2 3(a)(2)) is determined to be of greater value than 

3 the land the party will receive based on the apprais4 als required under this Act. 

5 SEC. 5. ADMINISTRATION OF LAND EXCHANGES. 

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

7 that title to the lands to be exchanged under this Act con8 form with the title standards of the Attorney General of 

9 the United States. 

10 (b) CORRECTIONS TO LEGAL DESCRIPTIONS.—By 

11 mutual agreement, the Secretary and the party involved 

12 may adjust the legal descriptions contained in this Act to 

13 correct errors or to make minor adjustments in the bound14 aries of the lands to be exchanged. 

15 (c) DEADLINE FOR ENVIRONMENTAL REVIEWS.— 

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

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

18 complete all environmental reviews of lands to be ex19 changed under this Act that are required by the National 

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

21 seq.). 

22 (d) ELGIN LANDFILL.—The boundary of the Las 

23 Cienegas National Conservation Area is modified to ex24 clude the 40-acre tract presently leased by the Bureau of 


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1 land management to the town of Elgin, Arizona, for a san2 itary landfill. 

3 SEC. 6. DEFINITIONS. 

4 In this Act: 

5 (1) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of the Interior. 

7 (2) EMPIRITA-SIMONSON PROPERTY.—The term 

8 ‘‘Empirita-Simonson property’’ means the parcel of 

9 land consisting of approximately 2,490 acres in sec10 tions 14, 22, 23, 24, 25, 26, and 36, township 17 

11 south, range 18 east, Gila and Salt River Base and 

12 Meridian. 

13 (3) BLOOM PROPERTY.—The term ‘‘Bloom 

14 property’’ means the parcel of land consisting of ap15 proximately 160 acres, as generally depicted on the 

16 map titled ‘‘Saguaro National Park, Bloom Tract’’ 

17 and dated April 17, 2007. 

18 (4) SAHUARITA PROPERTY.—The term 

19 ‘‘Sahuarita property’’ means the parcel of land con20 sisting of approximately 1,280 acres in sections 5, 7, 

21 and 8, township 17 south, range 15 east, Gila and 

22 Salt River Base and Meridian. 

23 (5) TUMAMOC HILL PROPERTY.—The term 

24 ‘‘Tumamoc Hill property’’ means the parcel of land 

25 owned by the State of Arizona consisting of approxiVerDate Aug 31 2005 01:59 Jan 31, 2008 Jkt 069200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5177.IH H5177

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1 mately 290 acres in sections 9, 10, 15, and 16 town2 ship 14 south, range 13 east, Gila and Salt River 

3 Base and Meridian, excluding approximately 30 

4 acres of landfill as shown on the map on file in the 

5 records of Pima County, Arizona. 

Æ 


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