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.
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 ‘‘Pima County Land 
Adjustment Act’’.
SEC. 
2. 
LAND 
EXCHANGE, 
EMPIRITA-SIMONSON 
AND 
SAHUARITA PROPERTIES, ARIZONA. 
(a) EXCHANGE AUTHORIZED.—If Las Cienegas Con-
servation, LLC, conveys to the Secretary of the Interior 
all right, title, and interest of Las Cienegas Conservation, 
LLC, in and to the Empirita-Simonson property, the Sec-
retary shall convey to Las Cienegas Conservation, LLC, 
all right, title, and interest of the United States in and 
to the Sahuarita property. 
(b) BOUNDARY ADJUSTMENT.—Upon receipt of the 
Empirita-Simonson property, the Secretary shall modify 
the boundaries of the Las Cienegas National Conservation 
Area to include the Empirita-Simonson property. 
(c) TIME FOR EXCHANGE.—Except as otherwise pro-
vided by this Act, the land exchange authorized under this 
section shall be completed prior to the expiration of the 
90-day period beginning on the later of the following 
dates: 
(1) The date on which the title standards de-
scribed in section 4(a) are met with regard to the 
properties to be conveyed to the United States. 
(2) The date on which the appraisals described 
in section 4(c)(1) for the properties are approved by 
both the Secretary and Las Cienegas Conservation, 
LLC, or in the case of a dispute concerning an ap-
praisal or appraisal issue arising under that section, 
the date the dispute is resolved under that section. 
(d) CASH EQUALIZATION PAYMENT.—
(1) IN GENERAL.—If the values of lands to be 
exchanged under this section are not equal, they 
shall be equalized by the payment of cash to the Sec-
retary or Las Cienegas Conservation, LLC, as the 
circumstances dictate, in accordance with section 
206(b) of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1716(b)). 
(2) DISPOSITION AND USE OF FUNDS.—Not-
withstanding any other provision of law, any cash 
equalization payment received by the Secretary 
under this section shall be deposited into a separate 
account in the Treasury, which shall be available to 
the Secretary, without further appropriation and 
until expended, solely for the purpose of—
(A) the acquisition of land or interests in 
land within or adjacent to national conservation 
lands in southern Arizona; and 
(B) resource management by the Bureau 
of Land Management in Pima County, Arizona. 
(e) WATER RIGHTS.—
(1) LANDS OWNED BY PIMA COUNTY.—The ex-
change under this section may not take place unless
Neal Simonson (or his successors in interest) and 
Pima County, Arizona, enter into an agreement 
under which Neal Simonson (or his successors in in-
terest) relinquishes to Pima County any right to 
withdraw water from lands owned by Pima County 
in section 17, township 17 south, range 18 east, Gila 
and Salt River Baseline and Meridian. 
(2) EMPIRITA-SIMONSON PROPERTY.—The ex-
change under this section may not take place unless 
Neal Simonson (or his successors in interest) and 
the Secretary enter into an agreement under which 
Neal Simonson (or his successors in interest) limits 
his reserved withdrawal right on the Empirita-
Simonson property to maximum of 550 acre feet per 
year. 
(f) ROAD ACCESS.—Within 18 months after acquisi-
tion by the United States of title to the Empirita-
Simonson property, the Secretary shall provide the Sec-
retary of Agriculture a right of way for motorized public 
road access through the Empirita-Simonson property to 
the boundary of the Coronado National Forest, acting 
pursuant to section 507 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1767). 
(g) ENVIRONMENTAL REVIEW.—As a condition of 
the exchange authorized by this section, Las Cienegas
Conservation, LLC, shall pay direct costs incurred in con-
nection with the environmental review and any required 
mitigation of the selected lands. 
(h) ENDANGERED SPECIES ACT REVIEW.—The Sec-
retary shall review the conveyance of the Sahuarita prop-
erty under this section in accordance with section 7(a)(1) 
of the Endangered Species Act of 1973 (16 U.S.C. 
1536(a)(1)). 
SEC. 3. ACQUISITION AND CONVEYANCE OF TUMAMOC 
HILL PROPERTY. 
(a) ACQUISITION OF TUMAMOC HILL PROPERTY.—
(1) IN GENERAL.—Notwithstanding any other 
provision of law, upon the expiration of the 30-day 
period beginning on the date of the enactment of 
this Act, all right, title, and interest to, and the 
right to immediate possession of, the Tumamoc Hill 
property is hereby vested in the United States. The 
Tumamoc Hill property shall remain subject to ex-
isting easements of record. 
(2) COMPENSATION.—As consideration for the 
Tumamoc Hill property acquired under paragraph 
(1), the State of Arizona, State Land Department, 
shall receive an amount equal to the agreed nego-
tiated value of the Tumamoc Hill property, deter-
mined as of the date of the acquisition, or the just 
compensation determined by judgment. 
(3) DETERMINATION OF VALUE BY COURT.—In 
the absence of agreement as to the amount of just 
compensation, the State of Arizona or the Secretary 
may initiate a proceeding in the United States Dis-
trict Court for the District of Arizona seeking a de-
termination of just compensation for the acquisition 
of the Tumamoc Hill property. 
(4) WITHDRAWAL.—Subject to valid existing 
rights, the Tumamoc Hill property is withdrawn 
from—
(A) all forms of entry and appropriation 
under the public land laws; 
(B) location, entry, and patent under the 
mining laws; and 
(C) operation of the mineral leasing, min-
eral materials, and geothermal leasing laws. 
(b) CONVEYANCE AUTHORIZED.—
(1) IN
GENERAL.—When Pima County, Ari-
zona, pays to the State of Arizona, State Land De-
partment, the amount of compensation determined 
under subsection (a), the Secretary shall convey to 
Pima County all right, title, and interest of the 
United States in and to the Tumamoc Hill property.