S.1862
Southeast Arizona Land Exchange and Conservation Act of 2006
Introduced in U.S. Senate on July 24, 2007
Text of the introduced bill
See AZ Senator Kyl's statements at introduction of Bill
H.R.6373
Southeast Arizona Land Exchange and Conservation Act of 2006
Introduced in House on December 5, 2006
AZ Rep. Pastor is planning on introducing this Bill next week
From S.2466: 2006 Senate version of Act
Search THOMAS: Library of Congress for full text of bill
SEC. 4. LAND CONVEYANCES AND EXCHANGES
(a) In General- On receipt of an offer from Resolution Copper to convey to the Secretary or the Secretary of the Interior title to the non-Federal land that is acceptable to the Secretary or the Secretary of the Interior, as appropriate, the Secretary shall convey to Resolution Copper all right, title, and interest of the United States in and to the Federal land, subject to any valid existing right or title reservation, easement, or other exception required by law or agreed to by the Secretary and Resolution Copper.
(b) Resolution Copper Land Exchange- On receipt of title to the Federal land under subsection (a), Resolution Copper shall simultaneously convey--
(1) to the Secretary, title, that the Secretary determines to be acceptable, to--
(A) the approximately 147 acres of land located in Gila County, Arizona, depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2005-Non-Federal Parcel-Turkey Creek', dated January 2005;
(B) the approximately 148 acres of land located in Yavapai County Arizona, depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2005-Non-Federal Parcel-Tangle Creek', dated January 2005;
(C) the approximately 149.3 acres of land located in Maricopa County, Arizona, depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2005-Non-Federal Parcel-Cave Creek', dated January 2005;
(D) the approximately 266 acres of land located in Pinal County, Arizona, depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2005-Non-Federal Parcel-JI Ranch', dated January 2005; and
(E) the approximately 640 acres of land located in Coconino County, Arizona, depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2005-Non-Federal Parcel-East Clear Creek', dated August 2005; and
(2) to the Secretary of the Interior, title, that the Secretary of the Interior determines to be acceptable, to--
(A) the approximately 3,073 acres of land located in Pinal County, Arizona, depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2005-Non-Federal Parcel-Lower San Pedro River', dated January 2005;
(B) the approximately 956 acres of land located in Santa Cruz County, Arizona, depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2005-Non-Federal Parcel-Appleton Ranch', dated October 2005; and
(C) the approximately 160 acres of land located in Gila and Pinal Counties, Arizona, depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2005-Non-Federal Parcel-Dripping Springs', dated August 2005.
(c) Conveyance of Land to Town-
(1) IN GENERAL- Not later than 60 days before carrying out the exchange under subsection (a), on receipt of a request from the Town, the Secretary shall convey to the Town, for a price equal to market value, as appraised under section 5--
(A) the approximately 30 acres of land located in Pinal County, Arizona, occupied on the date of enactment of this Act by the Fairview Cemetery and depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2005-Federal Parcel-Fairview Cemetery', dated January 2005;
(B) the reversionary interest of the United States in the approximately 265 acres of land located in Pinal County, Arizona, depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2005-Federal Reversionary Interest-Superior Airport', dated January 2005; and
(C) on receipt of a request from the Town, all or a portion of the approximately 181 acres of land located in Pinal County, Arizona, depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2005-Federal Parcel-Superior Airport Contiguous Parcel', dated June 2005.
(2) CONDITION OF CONVEYANCE- Any conveyance of land under paragraph (1) shall be carried out in a manner that provides the United States manageable boundaries on any parcel retained by the Secretary, to the maximum extent practicable.
(d) Timing of Exchange- It is the intent of Congress that the land exchange directed by subsection (a) be completed not later than 1 year after the date of enactment of this Act.
(e) Costs of Conveyances and Exchanges- Resolution Copper shall be responsible for--
(1) hiring any contractors necessary for carrying out an exchange of land under subsection (a) or a conveyance of land under subsection (c); and
(A) the costs of any appraisals relating to the exchange under subsection (a), including any reasonable reimbursements to the Secretary on request of the Secretary for the cost of reviewing and approving an appraisal;
(B) the costs of any land surveys, including any necessary land surveys conducted by the Bureau of Land Management Cadastral Survey; and
(C) any other cost agreed to by Resolution Copper and the Secretary.
SEC. 5. VALUATION OF LAND EXCHANGED OR CONVEYED.
(1) IN GENERAL- The value of the land exchanged under section 4(a) (including any Federal reversionary interest) shall be equal, as determined by the Secretary through an appraisal conducted in accordance with paragraph (2).
(A) IN GENERAL- An appraisal under this section shall be--
(i) performed by an appraiser mutually agreed to by the Secretary and Resolution Copper;
(ii) performed in accordance with--
(I) the Uniform Appraisal Standards for Federal Land Acquisitions (Department of Justice, 5th Edition, December 20, 2000);
(II) the Uniform Standards of Professional Appraisal Practice; and
(III) Forest Service appraisal instructions; and
(iii) submitted to the Secretary for review and approval.
(B) REAPPRAISALS AND UPDATED APPRAISED VALUES- After the final appraised value of a parcel is determined and approved under subparagraph (A), the Secretary shall not be required to reappraise or update the final appraised value--
(i) for a period of 3 years after the approval by the Secretary of the final appraised value under subparagraph (A)(iii); or
(ii) at all, after an exchange agreement is entered into by Resolution Copper and the Secretary.
(C) PUBLIC REVIEW- Before carrying out a land exchange under section 4, the Secretary shall make available for public review a summary of the appraisals of the land to be exchanged.
(3) FAILURE TO AGREE- If the Secretary and Resolution Copper fail to agree on the value of a parcel to be exchanged, the final value of the parcel shall be determined in accordance with section 206(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)).
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