H.R. 5494 (107th): To provide for the conveyance of certain Federal lands administered by the Bureau of Land Management in ...

...Maricopa County, Arizona, in exchange for private lands located in Yavapai County, Arizona.

107th Congress, 2001–2002. Text as of Sep 26, 2002 (Introduced).

Status & Summary | PDF | Source: GPO

HR 5494 IH

107th CONGRESS

2d Session

H. R. 5494

To provide for the conveyance of certain Federal lands administered by the Bureau of Land Management in Maricopa County, Arizona, in exchange for private lands located in Yavapai County, Arizona.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 26, 2002

Mr. STUMP introduced the following bill; which was referred to the Committee on Resources


A BILL

To provide for the conveyance of certain Federal lands administered by the Bureau of Land Management in Maricopa County, Arizona, in exchange for private lands located in Yavapai County, Arizona.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. LAND EXCHANGE, BUREAU OF LAND MANAGEMENT LAND IN MARICOPA COUNTY, ARIZONA, FOR PRIVATE LAND IN YAVAPAI COUNTY, ARIZONA.

    (a) FINDINGS- Congress finds the following:

      (1) Certain parcels of private land located in Yavapai County in the State of Arizona near Lake Pleasant are intermingled with land owned by the United States and administered by the Secretary of the Interior through the Bureau of Land Management.

      (2) A land exchange that would dispose of small isolated tracts within larger blocks of contiguous parcels of land would improve the management efficiency of the Federal land and serve important public objectives, including--

        (A) the enhancement of public access, aesthetics, and recreational opportunities adjacent to Lake Pleasant; and

        (B) the protection and enhancement of habitat for threatened and sensitive species within unified landscapes under Federal management.

    (b) DEFINITIONS- In this section:

      (1) The term ‘acquired land’ means the land described in subsection (c)(1) to be acquired by the United States.

      (2) The term ‘conveyed land’ means the land described in subsection (c)(2) to be conveyed by the Secretary.

      (3) The term ‘map’ means the map entitled ‘Lake Pleasant Land Exchange’ and dated XX, which shall be on file and available for public inspection in the offices of the Secretary and the Arizona State Director of the Bureau of Land Management.

      (4) The term ‘Secretary’ means the Secretary of the Interior, acting through the Director of the Bureau of Land Management.

    (c) LAND EXCHANGE-

      (1) ACQUISITION OF PRIVATE LANDS- As consideration for the conveyance of the Federal lands referred to in paragraph (2), Pleasant Country Ltd. shall convey to the Secretary parcels of private land, as generally depicted on the map, designated from the approximately 8,000 acres of private land in the vicinity of Lake Pleasant in Yavapai County, Arizona.

      (2) CONVEYANCE OF FEDERAL LANDS- In exchange for the private lands acquired by the Secretary under paragraph (1), the Secretary shall convey to Pleasant Country Ltd. all right, title, and interest of the United States in and to Bureau of Land Management lands (of equal value to the acquired land) located--

        (A) in sections 13, 14, 15, 22, 23, 24, and 25, township 6 north, range 2 west, Gila and Salt River meridian;

        (B) in sections 17 through 30, township 6 north, range 1 west, Gila and Salt River meridian; or

        (C) elsewhere in the State of Arizona that, before the date the land exchange is completed, are determined to be surplus to the needs of the United States and are acceptable to both the Secretary and Pleasant Country Ltd.

      (3) CONDITIONS ON ACCEPTANCE- Title to the acquired land shall conform with the title approval standards applicable to Federal land acquisitions, and the acquired land shall be subject to valid existing rights of record. Title to the conveyed land shall be acceptable to Pleasant Country Ltd., and the conveyed land may be subject to only those deed restrictions approved by both the Secretary and Pleasant Country Ltd. before preparation of the appraisal.

    (d) EQUAL VALUE EXCHANGE- The values of the acquired land and the conveyed land shall be equal according to the appraisal conducted pursuant to subsection (e) and approved by both the Secretary and Pleasant Country Ltd.

    (e) APPRAISAL-

      (1) SELECTION OF APPRAISER- The Secretary shall select a qualified appraiser acceptable to both the Secretary and Pleasant Country Ltd. to establish the value of the acquired land and the conveyed land.

      (2) STANDARDS- The selected appraiser shall use nationally recognized appraisal standards to establish the value of the acquired land and the conveyed land, including, as appropriate, the following:

        (A) The Uniform Appraisal Standards for Federal Land Acquisitions (1992).

        (B) The Uniform Standards of Professional Appraisal Practice.

        (C) Section 206(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)).

        (D) The Federal Land Exchange Facilitation Act of 1988 (Public Law 100-409; 102 Stat. 1086; 43 U.S.C. 1701 note).

      (3) APPROVAL- Not later than 180 days after the date of the enactment of this Act, all appraisals of the acquired land and the conveyed land shall be completed and submitted to the Secretary and Pleasant Country Ltd. for approval.

      (4) RESOLUTION OF DISAGREEMENT- In the case of a dispute concerning an appraisal or appraisal issue that arises under this subsection, the appraisal or appraisal issue in dispute shall be resolved in accordance with section 206(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)).

    (f) DEADLINE- Notwithstanding any other provision of law, all conveyances under subsection (c) shall be completed within 90 days after the later of the following dates:

      (1) The date on which the conditions set forth in subsections (c)(3) are met.

      (2) The date on which the appraisal under subsection (e) is approved by both the Secretary and Pleasant Country Ltd., or, in the case of a dispute concerning an appraisal or appraisal issue that arises under such subsection, the date the dispute is resolved as provided in paragraph (4) of such subsection.

    (g) RELATION TO OTHER LAW- The land exchange authorized by this section shall not be considered a major Federal action for the purposes of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).