I
104TH CONGRESS
2D SESSION
H. R. 3929
To direct the Secretary of the Interior to utilize certain Federal lands in
Arizona to acquire by eminent domain State trust lands located in
or adjacent to other Federal lands in Arizona.
IN THE HOUSE OF REPRESENTATIVES
JULY 31, 1996
Mr. STUMP (for himself, Mr. SHADEGG, and Mr. HAYWORTH) introduced the
following bill; which was referred to the Committee on Resources, and in
addition to the Committee on Veterans’ Affairs, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To direct the Secretary of the Interior to utilize certain
Federal lands in Arizona to acquire by eminent domain
State trust lands located in or adjacent to other Federal
lands in Arizona.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Arizona Land Preser-
vation and Management Act of 1996’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds the following:
(1) As Arizona growth patterns have emerged
and various public uses of unique land resource val-
ues have been established, the existing Federal and
State land ownership patterns present the Federal
Government and the government of Arizona with dif-
ficult land management situations.
(2) Federal land management programs in Ari-
zona require the use of State trust lands in many
areas, and there are Federal lands in other areas in
Arizona that are suitable for the revenue generation
mission of the State trust lands.
(b) PURPOSE.—The purpose of this Act is to assist
implementation of the Arizona Preserve Initiative plan
and improve manageability of Federal public lands and
State trust lands in Arizona, by—
(1) directing the Secretary of the Interior to ac-
quire certain State trust lands in Arizona by emi-
nent domain, with the consent of the State, and to
compensate the State for the State trust lands so ac-
quired with certain Federal public lands of equal
value which are acceptable to the State; and
(2) providing for management of the acquired
lands as part of other existing areas of Federal
lands.
(2) manage the lands acquired from the State
of Arizona in accordance with this Act.
(b) STATE TRUST LANDS DESCRIBED.—The State
trust lands referred to in subsection (a) are the following,
as generally depicted on the map described in subsection
(c):
(1) All State trust lands in the Lake Mead Na-
tional Recreation Area, Saguaro National Park, and
Organ Pipe Cactus National Monument, which shall
be managed by the National Park Service.
(2) All State trust lands and reserved mineral
estate in designated Wilderness Areas, which shall
be managed by the Bureau of Land Management.
(3) All State trust lands in the Buenos Aires
National Wildlife Refuge, which shall be managed by
the United States Fish and Wildlife Service.
(4) State trust lands in the McDowell Moun-
tains in Maricopa County, Arizona, which shall be
managed under programs of the Bureau of Land
Management.
(5) State trust lands in the vicinity of the Pet-
rified Forest National Park, if the Congress author-
izes the expansion of the Petrified Forest National
Park to include these State trust lands.
(6) State trust lands in the Coconino National
Forest and in the vicinity of the Walnut Canyon Na-
tional Monument that are suitable for management
by the Forest Service.
(7) State trust lands in the Baboquivari Moun-
tain-Coyote Mountains area in Pima County, Ari-
zona, which shall be managed by the Bureau of
Land Management.
(8) State trust lands in the Lake Pleasant-
Black Canyon City-Wickenburg area in Maricopa
County and Yavapai County, Arizona, which shall be
managed by the Bureau of Land Management.
(9) State trust lands in the Empire Cienega Re-
source Conservation Area and Mustang Mountains
in Pima County and Santa Cruz County, Arizona,
which shall be managed by the Bureau of Land
Management.
(10) State trust lands in the Newman Peak
area in Pinal County, Arizona, which shall be man-
aged by the Bureau of Land Management.
(11) State trust lands in the Burro Creek area
in Yavapai County, Arizona, which shall be managed
by the Bureau of Land Management.
(12) State trust lands in the Larned Landing
and Parker Strip areas in Mohave County and La
Paz County, Arizona, which shall be managed by the
Bureau of Land Management.
(13) State trust lands in the Gila Box and San
Pedro Riparian National Conservation Areas, which
shall be managed by the Bureau of Land Manage-
ment.
(14) State trust lands in the Mohave Mountains
area in Mohave County, Arizona, which shall be
managed by the Bureau of Land Management.
(15) State trust lands in the Arizona Strip in
Mohave County and Coconino County, Arizona,
which shall be managed by the Bureau of Land
Management.
(16) State trust lands in the Aguila area of
Maricopa County and La Paz County, Arizona,
which shall be managed by the Bureau of Land
Management.
(17) State trust lands in the Rogers Lake area
in the Coconino National Forest, which shall be
managed by the Forest Service in accordance with
section 9(a).
(18) State trust lands in the Superstition
Mountain area of Pinal County, Arizona, if the Con-
gress authorizes the expansion of the Tonto National
Forest to include these State trust lands.
(19) State trust lands needed for the existing
facilities at the Arizona National Memorial Ceme-
tery, which shall be managed by the Veterans Ad-
ministration in accordance with section 10.
(20) State trust lands needed for the Kingman
Burro Corral in Mohave County, Arizona, which
shall be managed by the Bureau of Land Manage-
ment.
(21) Any other State trust lands the acquisition
of which by the Secretary will—
(A) improve government land management
by both the Federal Government and the State
of Arizona; and
(B) be consistent with Federal land man-
agement planning and the mission of the State
trust lands.
(c) MAP DESCRIBED.—The map referred to in sub-
section (b) is the map entitled ‘‘Arizona Land Manage-
ment Improvement’’, dated February 1996. The Secretary
shall keep such map on file and available for public inspec-
tion in the offices of the Arizona State Bureau of Land
Management in Phoenix, Arizona, and of the Bureau of
Land Management in the District of Columbia.
SEC. 5. COMPENSATION.
(a) IN GENERAL.—As compensation for State trust
lands acquired under this Act, the Secretary shall transfer
to the State such areas of Federal lands described in sub-
section (b) as may be agreed to by the State and which
are of equal value to the State trust lands acquired.
(b) FEDERAL LANDS DESCRIBED.—The Federal
lands referred to in subsection (a) are the following, as
generally depicted in the map described in subsection (d):
(1) Federal lands under the administrative ju-
risdiction of the Secretary in the Bullhead City, Mo-
have Valley, Larned Landing, Havasu Springs,
Kingman, Golden Valley, and Colorado City areas
and the Interstate 40 and Interstate 5 corridors, in
Mohave County, Arizona.
(2) Federal lands under the administrative ju-
risdiction of the Secretary in the Butler Valley and
Parker Strip areas and the Interstate 10 corridor, in
La Paz County, Arizona.
(3) Federal lands under the administrative ju-
risdiction of the Secretary in the Interstate 8 cor-
ridor in Yuma County, Arizona.
(4) Federal lands under the administrative ju-
risdiction of the Secretary in the Phoenix, Buckeye,
Rainbow Valley, Lake Pleasant, New River, and
Wickenburg areas and the Interstate 8, 10, and 17
corridors, in Maricopa County, Arizona.
(5) Federal lands under the administrative ju-
risdiction of the Secretary in the Lake Pleasant,
Black Canyon City, and Prescott areas and Inter-
state 17 corridor, in Yavapai County, Arizona.
(6) Federal lands in the Coconino National
Forest under the administrative jurisdiction of the
Secretary of Agriculture, in Coconino County, Ari-
zona.
(7) Federal lands under the administrative ju-
risdiction of the Secretary in the checkerboard land
area of Navajo County, Arizona.
(8) Federal lands under the administrative ju-
risdiction of the Secretary in checkerboard land area
of Apache County, Arizona.
(9) Federal lands under the administrative ju-
risdiction of the Secretary in the Tucson and Sasabe
areas of Pima County, Arizona.
(10) Federal lands under the administrative ju-
risdiction of the Secretary in the Sonoita area of
Santa Cruz County, Arizona.
(11) Federal lands under the administrative ju-
risdiction of the Secretary in the Interstate 8 cor-
ridor and other lands in Pinal County, Arizona.
(12) Federal lands under the administrative ju-
risdiction of the Secretary in the Safford area of
Graham County, Arizona.
(13) Federal lands under the administrative ju-
risdiction of the Secretary in the Clifton, Morenci,
and Duncan areas of Greenlee County, Arizona.
(14) Federal lands under the administrative ju-
risdiction of the Secretary south of Interstate 10 in
Cochise County, Arizona.
(15) Any other Federal lands under the juris-
diction of the Secretary, the transfer of which to the
State will—
(A) improve government land management
by both the Federal Government and the State
of Arizona; and
(B) be consistent with Federal land man-
agement planning and the mission of the State
trust lands.
(c) MAP DESCRIBED.—The map referred to in sub-
section (b) is the map entitled ‘‘Arizona Land Manage-
ment Improvement—Possible Areas for Consideration’’,
dated February 1996. The Secretary shall keep such map
on file and available for public inspection in the offices
of the Arizona State Bureau of Land Management and
of the Bureau of Land Management in the District of Co-
lumbia.
(d) VALUE OF COMPENSATION.—
(1) IN GENERAL.—The total value of Federal
lands transferred to the State by the Secretary in
acquiring lands from the State under this Act may
not exceed the fair market value of the lands ac-
quired.
(2) APPRAISALS.—Notwithstanding any other
law, the value of lands shall be determined for pur-
poses of this Act in accordance with the Uniform
Appraisal Standards for Federal Land Acquisitions,
as published by the Department of Justice in 1992.
SEC. 6. MANAGEMENT OF ACQUIRED LANDS BY BUREAU OF
LAND MANAGEMENT.
Lands acquired by the Secretary under this Act that
are required by this Act to be managed by the Bureau
of Land Management shall be managed in accordance with
the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.).
SEC. 7. ADDITION OF LANDS TO NATIONAL PARK SYSTEM.
Lands acquired by the Secretary under this Act with-
in the Saguaro National Park, Organ Pipe Cactus Na-
tional Monument, and Lake Mead National Recreation
Area that are required by this Act to be managed by the
National Park Service shall be added to the National Park
System and managed in accordance with the Act of Au-
gust 25, 1916 (chapter 408; 16 U.S.C. 1 et seq.), popu-
larly known as the National Park Service Organic Act,
and other laws and regulations applicable to the National
Park System.
SEC. 8. ADDITION OF LANDS TO NATIONAL WILDLIFE REF-
UGE SYSTEM.
Lands acquired by the Secretary under this Act that
are required by this Act to be managed by the United
States Fish and Wildlife Service shall be added to the Na-
tional Wildlife Refuge System and managed in accordance
with the National Wildlife Refuge System Administration
Act of 1966.
SEC. 9. ADDITION OF LANDS TO NATIONAL FOREST SYS-
TEM.
Lands acquired by the Secretary under this Act that
are in the Rogers Lake area shall be—
(1) transferred to the administrative jurisdic-
tion of the Secretary of Agriculture; and
(2) added to the Coconino National Forest and
managed by the Secretary of Agriculture under the
laws and regulations applicable to National Forest
System lands.
SEC. 10. ADDITION OF LANDS TO ARIZONA NATIONAL ME-
MORIAL CEMETERY.
Lands acquired by the Secretary under this Act
under section 4(b)(19) shall be—
(1) transferred to the administrative jurisdic-
tion of the Secretary of Veterans Affairs;
(2) added to the Arizona National Memorial
Cemetery, located in Phoenix, Arizona; and
(3) managed by the Secretary of Veterans Af-
fairs in accordance with chapter 24 of title 38, Unit-
ed States Code, and other laws and regulations ap-
plicable to national cemeteries.
SEC. 11. AUTHORIZATION FOR EXISTING USES OF AC-
QUIRED LANDS TO CONTINUE.
Any use of lands acquired by the United States under
this Act that was authorized to occur immediately before
the enactment of this Act may continue until such time
as the use is determined to be incompatible with the pur-
poses for which the lands are required to be used under
this Act.
SEC. 12. REVOCATION OF RECLAMATION WITHDRAWALS
WITH RESPECT TO BULLHEAD CITY PARCEL.
(a) IN GENERAL.—The order of the Secretary dated
October 16, 1931, withdrawing lands for the Colorado
River Storage Project, and the order of the Secretary
dated May 29, 1933, withdrawing lands for Power Site
Classification 272, are hereby revoked on the following
lands under the administration of the National Park Serv-
ice in Arizona in Township 21 North, Range 21 West, Gila
and Salt River Base and Meridian:
(1) In section 19, lot 4, SESW, S2SE.
(2) In section 20, that portion of the S2 lying
south of the centerline of State Highway 68.
(3) In section 30, lots 1–3, W2NE, E2NW,
NESW, NWSE.
(b) EFFECTIVE DATE.—The revocation under sub-
section (a) shall take effect for a parcel of land on the
date on which the parcel is transferred to the State under
this Act.
SEC. 13. TERMS AND CONDITIONS OF TRANSFER OF LANDS
ON LOWER COLORADO RIVER AND LAKE
HAVASU.
In transferring to the State under this Act lands that
front on the Lower Colorado River or Lake Havasu (or
both), the Secretary shall include such terms and condi-
tions as are necessary to protect the needs of the Bureau
of Reclamation to have access to those lands for flowage
easements and bank line protection.
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