I 

108TH CONGRESS 

2D SESSION H. R. 4943

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 boundaries of the Ironwood Forest National 

Monument and the Las Cienegas National Conservation Area, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 22, 2004

Mr. GRIJALVA (for himself and 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 boundaries of the Ironwood Forest National 

Monument and 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, IRONWOOD-MOORE, EMPIRITA2 SIMONSON, AND SAHUARITA PROPERTIES, 

3 ARIZONA. 

4 (a) EXCHANGE AUTHORIZED.—If Las Cienegas Con5 servation, LLC, conveys to the Secretary of the Interior 

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

7 LLC, in and to the Ironwood-Moore property and the 

8 Empirita-Simonson property, the Secretary shall convey to 

9 Las Cienegas Conservation, LLC, all right, title, and in10 terest of the United States in and to the Sahuarita prop11 erty. 

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

13 Empirita-Simonson property, the Secretary shall modify 

14 the boundaries of the Las Cienegas National Conservation 

15 Area to include the Empirita-Simonson property. 

16 (c) TIME FOR EXCHANGE.—Except as otherwise pro17 vided by this Act, the land exchange authorized under this 

18 section shall be completed prior to the expiration of the 

19 90-day period beginning on the later of the following 

20 dates: 

21 (1) The date on which the title standards de22 scribed in section 4(a) are met with regard to the 

23 properties to be conveyed to the United States. 

24 (2) The date on which the appraisals described 

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

26 both the Secretary and Las Cienegas Conservation, 
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1 LLC, or in the case of a dispute concerning an ap2 praisal or appraisal issue arising under that section, 

3 the date the dispute is resolved under that section. 

4 (d) CASH EQUALIZATION PAYMENT.—

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

6 exchanged under this section are not equal, they 

7 shall be equalized by the payment of cash to the Sec8 retary or Las Cienegas Conservation, LLC, as the 

9 circumstances dictate, in accordance with section 

10 206(b) of the Federal Land Policy and Management 

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

12 (2) DISPOSITION AND USE OF FUNDS.—Not13 withstanding any other provision of law, any cash 

14 equalization payment received by the Secretary 

15 under this section shall be deposited into a separate 

16 account in the Treasury, which shall be available to 

17 the Secretary, without further appropriation and 

18 until expended, solely for the purpose of—

19 (A) the acquisition of land or interests in 

20 land within or adjacent to national conservation 

21 lands in southern Arizona; and 

22 (B) resource management by the Bureau 

23 of Land Management in Pima County, Arizona. 

24 (e) WATER RIGHTS.—
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1 (1) LANDS OWNED BY PIMA COUNTY.—The ex2 change under this section may not take place unless 

3 Neal Simonson and Pima County, Arizona, enter 

4 into an agreement under which Neal Simonson relin5 quishes to Pima County any right to withdraw water 

6 from lands owned by Pima County in section 17, 

7 township 17 south, range 18 east, Gila and Salt 

8 River Baseline and Meridian. 

9 (2) EMPIRITA-SIMONSON PROPERTY.—The ex10 change under this section may not take place unless 

11 Neal Simonson and the Secretary enter into an 

12 agreement under which Neal Simonson limits his re13 served withdrawal right on the Empirita-Simonson 

14 property to maximum of 550 acre feet per year. 

15 (f) ROAD ACCESS PROHIBITED.—The Secretary may 

16 not construct or authorize the construction of any tem17 porary or permanent road in any portion of the Empirita18 Simonson property acquired under this section if the road 

19 would provide access to or from any property which is not 

20 within the Las Cienegas National Conservation Area. 

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

22 the exchange, Las Cienegas Conservation, LLC, shall re23 imburse the Secretary for the direct costs of all environ24 mental reviews of the lands to be exchanged under this 
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1 section that are required by the National Environmental 

2 Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

3 (h) 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), the State of Arizona, State Land Department, 

22 shall receive an amount equal to the agreed nego23 tiated value of the Tumamoc Hill property, deter24 mined as of the date of the acquisition, or the just 

25 compensation determined by judgment. 
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1 (3) DETERMINATION OF VALUE BY COURT.—In 

2 the absence of agreement as to the amount of just 

3 compensation, the State of Arizona or the Secretary 

4 may initiate a proceeding in the United States Dis5 trict Court for the District of Arizona seeking a de6 termination of just compensation for the acquisition 

7 of the Tumamoc Hill property. 

8 (b) CONVEYANCE AUTHORIZED.—

9 (1) IN GENERAL.—When Pima County, Ari10 zona, pays to the State of Arizona, State Land De11 partment, the amount of compensation determined 

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

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

14 United States in and to the Tumamoc Hill property. 

15 (2) TIME FOR CONVEYANCE.—The conveyance 

16 authorized under paragraph (1) shall be completed 

17 prior to the expiration of the 60-day period which 

18 begins on the date Pima County pays to the State 

19 of Arizona, State Land Department, the amount de20 scribed in paragraph (1). 

21 SEC. 4. ADMINISTRATION OF LAND EXCHANGES. 

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

23 that title to the lands to be exchanged under this Act con24 form with the title standards of the Attorney General of 

25 the United States. 
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1 (b) CORRECTIONS TO LEGAL DESCRIPTIONS.—By 

2 mutual agreement, the Secretary and the party involved 

3 may adjust the legal descriptions contained in this Act to 

4 correct errors or to make minor adjustments in the bound5 aries of the lands to be exchanged. 

6 (c) APPRAISALS.—

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

8 be exchanged under this Act shall be determined by 

9 the Secretary through an appraisal performed by a 

10 qualified appraiser mutually agreed to by the Sec11 retary and the party involved and performed in con12 formance with the Uniform Appraisal Standards for 

13 Federal Land Acquisitions (United States Depart14 ment of Justice, December 2000), the Uniform 

15 Standards of Professional Appraisal Practice, and 

16 section 206(d) of the Federal Land Policy and Man17 agement Act of 1976 (43 U.S.C. 1716(d)). 

18 (2) DEADLINE FOR APPRAISALS.—All apprais19 als under this Act shall be completed and submitted 

20 to the Secretary and the party involved for approval 

21 before the expiration of the 180-day period begin22 ning on the date of the enactment of this Act. 

23 (d) DEADLINE FOR ENVIRONMENTAL REVIEWS.—

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

25 the date of the enactment of this Act, the Secretary shall 
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1 complete all environmental reviews of lands to be ex2 changed under this Act that are required by the National 

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

4 seq.). 

5 SEC. 5. DEFINITIONS. 

6 In this Act: 

7 (1) The term ‘‘Empirita-Simonson property’’ 

8 means the parcel of land consisting of approximately 

9 2,490 acres in sections 14, 22, 23, 24, 25, 26, and 

10 36, township 17 south, range 18 east, Gila and Salt 

11 River Base and Meridian. 

12 (2) The term ‘‘Ironwood-Moore property’’ 

13 means the parcel of land consisting of approximately 

14 600 acres in section 32, township 11 south, range 9 

15 east, Gila and Salt River Base and Meridian. 

16 (3) The term ‘‘Sahuarita property’’ means the 

17 parcel of land consisting of approximately 1,280 

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

19 range 15 east, Gila and Salt River Base and Merid20 ian. 

21 (4) The term ‘‘Secretary’’ means the Secretary 

22 of the Interior. 

23 (5) The term ‘‘Tumamoc Hill property’’ means 

24 the parcel of land owned by the State of Arizona 

25 consisting of approximately 290 acres in sections 9, 
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1 10, 15, and 16 township 14 south, range 13 east, 

2 Gila and Salt River Base and Meridian, excluding 

3 approximately 30 acres of landfill as shown on the 

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

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