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1976/10/17 HR14227 Land Conveyance Arizona
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1976/10/17 HR14227 Land Conveyance Arizona
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The original documents are located in Box 65, folder "10/17/76 HR14227 Land Conveyance Arizona" of the White House Records Office: Legislation Case Files at the Gerald R. Ford Presidential Library Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Exact duplicates within this folder were not digitized. APPROVED 810/17/76 OCT 17 THE WHITE HOUSE ACTION WASHINGTON Last Day: October 20 October 13, 1976 Posted MEMORANDUM FOR THE PRESIDENT 10/18/76 FROM: JIM CANNON SUBJECT: H.R. 14227 - Land Conveyance, Arizona cachine Attached for your consideration is H.R. 14227, sponsored by 10/18/76 Representative Udall. The enrolled bill eliminates a restriction on the use of certain lands patented to the Regents of the Universities and State Colleges of Arizona. Additional information is provided in OMB's enrolled bill report at Tab A. OMB, Max Friedersdorf, Counsel's Office (Kilberg) and I recommend approval of the enrolled bill. RECOMMENDATION That you sign H.R. 14227 at Tab B. GERALD FL FORD LIBRARY were Digitized from Box 65 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library of Twe PRESIDENT EXECUTIVE OFFICE OF THE PRESIDENT OFFICE UNITED OFFICE OF MANAGEMENT AND BUDGET SECUTIVE HEALTH STATES WASHINGTON, D.C. 20503 OCT 11 1976 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill H.R. 14227 - Land conveyance, Arizona Sponsor - Rep. Udall (D) Arizona Last Day for Action October 20, 1976 - Wednesday Purpose Eliminates a restriction on the use of certain lands patented to the Regents of the Universities and State Colleges of Arizona. Agency Recommendations Office of Management and Budget Approval Department of Agriculture Approval Department of the Interior Approval General Services Administration Approval(Informally) Discussion The Act of August 28, 1958, directed the Secretary of Agriculture to convey to the Board of Regents of the Universities and State Colleges of Arizona, title to approximately 349 acres of land located in Pima County, Arizona, for use by the University of Arizona. Pursuant to that Act, title to the lands was transferred on July 6, 1960. As required by the Act, the deed contained a condition that the property be used only for research and educational purposes and that, if it ceased to be used for such purposes, the title would revert to the United States. The lands in question were originally donated to the United States by the Carnegie Institution for use by the South- western Forest and Range Experiment Station. Subsequently, they were designated for inclusion in the Coronado National Forest. The 1958 Act provided that the Board of Regents would continue to provide suitable space and other facilities 2 for the work of the Department of Agriculture as agree- able to the Secretary. The lands were sold to the Board of Regents for 50 percent of their appraised value. Recently, title to a portion of these lands has been sought by St. Mary's Hospital and Health Center in Tucson, Arizona, to accommodate a planned expansion of its existing facilities. At present, the University of Arizona is not actively using the land and has agreed in principle to a proposed exchange with the city of Tucson under which the university would obtain certain hospital lands comprising approximately 6.54 acres, now controlled by the city, in trade for a return conveyance to the university of approximately 3.24 acres. Although each of the parties involved has expressed a willingness to proceed with this arrangement, such an exchange legal- ly cannot be completed unless the restriction on the use of the university lands for educational purposes is removed. The enrolled bill would authorize removal of these re- strictions as well as the reverter provision in the original deed to the Board of Regents subject to the following conditions: -- that all proceeds from the sale or exchange of such lands will be used by the Board of Regents for the acqui- sition of lands or the development or improvement of lands described in the 1958 Act; -- that any lands acquired by the Board of Regents through the sale or exchange of the subject lands (the 3.24-acre parcel) will be restricted as to use in the same manner as the subject lands were prior to the exchange; and, -- that the proceeds from the sale, lease, or other disposition of the subject lands be maintained in a sepa- rate fund and that all transactions involving the fund shall be subject to inspection by the Secretary of Agriculture. 3 As enrolled, H.R. 14227 incorporates several amendments that were proposed by the Department of Agriculture to the House Interior Committee. In recommending approval of the bill in its attached enrolled bill letter, the Department notes that the approach specified under H.R. 14227 would be consistent with action taken in a similar situation involving Clemson College in 1955. James T. L.Ly Lynn Director Enclosures DEPARTMENTOF DEPARTMENT OF AGRICULTURE OFFICE OF THE SECRETARY WASHINGTON, D. C. 20250 October 8, 1976 Honorable James T. Lynn Director, Office of Management and Budget Dear Mr. Lynn: In reply to the request of your office, the following report is submitted on the enrolled enactment H.R. 14227, "To direct the Secretary of Agriculture to release a condition with respect to certain real property conveyed by the United States to the Board of regents of the universities and State colleges of Arizona for the use of the University of Arizona." The Department of Agriculture recommends that the President approve the enactment. H.R. 14227 would direct the Secretary of Agriculture to release, subject to certain agreements, the board of regents of the universities and State colleges of Arizona from a condition in a deed dated July 6, 1960. The condition requires that certain property conveyed by the United States to the board of regents must be used for research or education purposes or such property shall revert to the United States. The lands referred to in H.R. 14227 comprise 349 acres which are described in the Act of August 28, 1958 (72 Stat. 979). We understand the purpose of H.R. 14227 is to make possible a proposed three-party land exchange be- tween the University of Arizona, the City of Tucson, and St. Mary's Hospital in Tucson. We understand that the University plans to convey 3.24 acres and receive 6.54 acres in exchange. The greater portion of the lands referred to in H.R. 14227 were donated to the United States in 1944 by the Carnegie Institution for use by the Southwestern Forest and Range Experiment Station. The lands were subse- quently included in the Coronado National Forest by the Act of August 15, 1949 (63 Stat. 606). Under the Act of August 28, 1958, the lands were sold to the University at 50 percent of the appraised value and with the research or educational purposes condition in the deed. The 1958 Act also contained a provision that the board of regents would continue to provide suitable space and other facilities for the work of the Department of Agriculture as may be agreeable to the Secretary. This requirement is being met. Honorable James T. Lynn 2. We recommend that the President approve H.R. 14227 to enable the Board of Regents to make the proposed exchange. The enactment provides that the release of the reversionary condition may be limited by agreement to the lands that would be exchanged. Also, it provides that lands re- ceived in exchange shall be subject to conditions requiring that they be used for research and education purposes. This approach would insure that the worth of the lands donated by the Carnegie Institution would continue to further educational or research purposes. It would also be consistent with action taken in a similar situation involving Clemson University (Act of August 4, 1955, 69 Stat. 496). Sincerely, Jahn John A. Knebel I. July Acting Secretary B THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: 20 Date: Time: October 12 130pm FOR ACTION: George Hunphreys ov on CC (for information): Jack Marsh Max Friedersdorf Ed Schmults Bobbie Kilberg on Steve McCanabey defr FROM THE STAFF SECRETARY DUE: Date: October 14 Time: 500pm SUBJECT: .R.14227-Land Conveyance,Arizona ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: please return to judy öbhnston, ground floor west wing ( FORD PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please K. R. COLE, JR. telephone the Staff Secretary immediately. For the President OF United States Department of the Interior OFFICE OF THE SECRETARY March 3, 1849 WASHINGTON, D.C. 20240 OCT 7 - 1976 Dear Mr. Lynn: This responds to your request for the views of this Department on the enrolled bill H.R. 14227, "To direct the Secretary of Agriculture to release a condition with respect to certain real property conveyed by the United States to the Board of regents of the universities and State colleges of Arizona for the use of the University of Arizona." We defer to the Department of Agriculture as to the merits of the enrolled bill. Pursuant to the Act of August 28, 1958 (72 Stat. 979), the Secretary of Agriculture issued a deed, dated July 6, 1960, to the Board of Regents of the universities and State colleges of Arizona which conveyed about 350 acres of land subject to the condition that the land revert to the United States if it ever ceased to be used for research or educational purposes. As enrolled, H.R. 14227 would authorize removal of the restriction and reverter provision in the 1960 deed. Further, the bill provides that the Secretary of Agriculture will only release the conditions in the deed on those lands which are specifically subject to an agreement between the Board and the Secretary. This provision was recommended by the Department of Agriculture because the Board of Regents only plans to remove the condition with regard to some of the land under the bill, and not on all 350 acres. Finally, the bill requires that all proceeds acquired by the Board from the sale or exchange of the lands should be used for the acquisition of lands or for development or improvement of any remaining lands under the 1960 deed, and that new lands acquired by purchase or exchange shall be used for research and education purposes. This provision was also the recommendation of Agriculture. AMERICAN REVOLUTION RECENTENNAL 1776-1976 The lands referred to in H.R. 14227 were donated to the United States in 1944 by a private foundation, and became part of the Coronado National Forest in 1949. Current records of the U.S. Geological Survey indicate that these lands are not considered valuable for leasable minerals. Accordingly, we defer to the Department of Agriculture as to the desirability of and need for this legislation. Sincerely yours, Assistant Secretary of the Interior Honorable James T. Lynn Director, Office of Management and Budget Washington, D.C. 2 THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: Date: Time: October 12 130pm FOR ACTION: George Humphreys cc (for information): Jack Marsh Max Friedersdorf Ed Schmults Bobbie Kilberg Steve McConahey FROM THE STAFF SECRETARY DUE: Date: October 14 Time: 500pm SUBJECT: H.R.14227-Land Conveyance, Arizona ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: please return to judy johnston, ground floor west wing I recound appoinal PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please James M. Cannon telephone the Staff Secretary immediately. For the President THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: Date: Time: October 12 130pm FOR ACTION: George Humphreys CC (for information): Jack Marsh Max Friedersdorf Ed Schmults Bobbie Kilberg Steve McConahey FROM THE STAFF SECRETARY DUE: Date: October 14 Time: 500pm SUBJECT: H.R.14227-Land Conveyance, Arizona ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: please return to judy johnston, ground floor west wing no objection K. Logaris 10/13 PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please James M. Cannon telephone the Staff Secretary immediately. For the President THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: Date: Time: October 12 130pm FOR ACTION: George Humphreys CC (for information): Jack Marsh Max Friedersdorf Ed Schmults Bobbie Kilberg Steve McConahey FROM THE STAFF SECRETARY DUE: Date: October 14 Time: 500pm SUBJECT: H.R.14227-Land Conveyance, Arizona ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: please return to judy johnston, ground floor west wing Recommond approval my PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please James M. Cannon - telephone the Staff Secretary immediately. For the President 94TH CONGRESS HOUSE OF REPRESENTATIVES REPORT 2d Session No. 94-1542 DIRECTING THE SECRETARY OF AGRICULTURE TO RELEASE A CON- DITION WITH RESPECT TO CERTAIN REAL PROPERTY CONVEYED BY THE UNITED STATES TO THE BOARD OF REGENTS OF THE UNI- VERSITIES AND STATE COLLEGES OF ARIZONA FOR THE USE OF THE UNIVERSITY OF ARIZONA SEPTEMBER 14, 1976.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. HALEY, from the Committee of Interior and Insular Affairs, submitted the following REPORT [To accompany H.R. 14227] The Committee on Interior and Insular Affairs, to whom was re- ferred the bill (H.R. 14227) to direct the Secretary of Agriculture to release a condition with respect to certain real property conveyed by the United States to the board of regents of the universities and State colleges of Arizona for the use of the University of Arizona, having considered the same, report favorably thereon with amend- ments and recommend that the bill as amended do pass. The amendments are as follows: Page 2, line 2, after "Arizona," insert "pursuant to section 2 hereof,". Page 2, following line 7, insert a new section 2 as follows: SEC. 2. The Secretary shall release the conditions referred to in section 1 only with respect to lands covered by and described in an agreement or agreements entered into be- tween the Secretary and the board of regents in which the board of regents, in consideration of the release of said con- ditions as to such lands, agrees- (1) that all proceeds from the sale or exchange of such lands shall be used by the board of regents for the acquisition of lands or for the development or improve- ment of the lands referenced in section 1; (2) that any lands acquired by the sale or exchange or the lands covered by such agreement shall be subject to the conditions with respect to the use of such lands for research and education purposes contained in the deed dated July 6, 1960; and 57-006 2 3 (3) that all proceeds from the sale, lease, or other tration of the legislation if it becomes law. No recommendations were disposition of the lands covered by such agreement shall be maintained by the board of regents in a separate fund received by the Committee pursuant to Rule X, clause 2(b) (2). and that the record of all transactions involving such INFLATIONARY IMPACT fund shall be open to inspection by the Secretary. Pursuant to Rule XI, clause 2(1) (4) of the House of Representa- PURPOSE tives, the Committee believes that enactment of H.R. 14227 would have no inflationary impact on the national economy. The purpose of H.R. 14227, introduced by Mr. Udall, is to direct the Secretary of Agriculture to release a condition with respect to COMMITTEE RECOMMENDATION certain real property conveyed by the United States to the Board of Regents of the Universities and State Colleges of Arizona for the use The House Committee on Interior and Insular Affairs on Septem- of the University of Arizona. ber 8, 1976, by voice vote, recommended that H.R. 14227 be enacted, as amended. BACKGROUND DEPARTMENTAL REPORT The Secretary of Agriculture, pursuant to the Act of August 28, By letter dated August 30, 1976, the Department of Agriculture 1958 (72 Stat. 979), conveyed approximately 349 acres of land in reported that it would not object to enactment of the legislation if Pima County, Arizona, by a deed dated July 6, 1960, to the Board amended to require that the proceeds from the sale or exchange of of Regents of the Universities and State Colleges of Arizona for the any lands affected shall be used by the board of regents for the use of the University of Arizona. acquistion of lands or the development or improvement of the As required by the 1958 Act, the deed contained a condition that lands described in the 1958 Act, that any lands acquired by the board the property be used only for research and educational purposes and of regents through sale or exchange of the subject lands would be that, if it ceases to be used for such purposes, the title revert to the restricted as to use in the same manner as the subject lands and that United States. the proceeds from the sale, lease or other disposition of the subject The lands, which had originally been donated to the United States lands be maintained in a separate fund and that all transactions by the Carnegie Institution for use by the Southwestern Forest and involving the fund be subject to inspection by the Secretary of Agri- Range Experiment Station, were subsequently included in the Coro- culture. The Committee amendments accomplish these objectives. The nado National Forest. The 1958 Act provided that the Board of letter is set forth below in its entirety. Regents should continue to provide suitable space and other facilities for the work of the Department of Agriculture as agreeable to the DEPARTMENT OF AGRICULTURE, Secretary. The lands were sold to the board of regents at 50 percent OFFICE OF THE SECRETARY, of the appraised value. Washington, D.C., August 30, 1976. The land in question is needed by St. Mary's Hospital and Health Hon. JAMES A. HALEY, Center in Tucson, Arizona, for the construction of a new addition. Chairman, Committee on Interior and Insular Affairs, The land is not being used at present and the University has agreed House of Representatives. to an exchange under which it will obtain lands from the hospital DEAR MR. CHAIRMAN As you requested, here is our report on H.R. of equal or greater value than that which will be conveyed to the 14227, a bill "To direct the Secretary of Agriculture to release a con- hospital. The exchange, however, cannot be completed unless the re- dition with respect to certain real property conveyed by the United striction on the use of the lands is removed together with the reverter States to the board of regents of the universities and State colleges of clause. The land which would actually be exchanged amounts to 3.24 Arizona for the use of the University of Arizona." acres. The Department of Agriculture recommends that H.R. 14227 be en- H.R. 14227 would authorize removal of the restriction and reverter acted if it is amended as suggested herein. provision in the original deed to the Board of Regents. H.R. 14227 would direct the Secretary of Agriculture to release the board of regents of the universities and State colleges of Arizona from COST AND BUDGET ACT COMPLIANCE a condition in a deed dated July 6, 1960. The condition requires that certain property conveyed from the United States to the board of re- Enactment of this legislation would have no Federal budget impact. gents must be used for research or education purposes or such property shall revert to the United States. OVERSIGHT STATEMENT The lands referred to in H.R. 14227 comprise 349 acres which are Pursuant to Rule X, clause 2(b) (1), the Committee on Interior described in the Act of August 28, 1958 (72 Stat. 979). We understand and Insular Affairs will have oversight responsibility for adminis- the purpose of H.R. 14227 is to make possible a proposed three party land exchange between the University of Arizona, the City of Tucson, H.R. 1542 H.R. 1542 4 and St. Mary's Hospital in Tucson. H.R. 14227 would release the re- version clause on the entire 349 acres. We understand, however, that the University only plans to exchange 3.24 acres and would receive 6.54 acres in the exchange. The greater portion of the lands referred to in H.R. 14227 were do- nated to the United States in 1944 by the Carnegie Institution for use by the Southwestern Forest and Range Experiment Station. The lands were subsequently included in the Coronado National Forest by the Act of August 15, 1949 (63 Stat. 606). Under the Act of August 28, 1958, the lands were sold to the University at 50 percent of the ap- praised value and with the research or educational purposes condition in the deed. The 1958 Act also contained a provision that the board of regents would continue to provide suitable space and other facilities for the work of the Department of Agriculture as may be agreeable to the Secretary. This requirement has been met. We believe it is desirable and in accordance with the history of in- tended use of the area, that the board of regents should only be re- leased from the condition in the deed on those lands which are specifi- cally subject to an agreement between the board of regents and the Secretary of Agriculture. To provide for this, we recommended that H.R. 14227 be amended. Further, we recommend that all proceeds from the sale or exchange of lands should be used for the development or improvement of the remaining lands, and that new lands acquired in exchange should be used for research and education purposes. To provide this direction in the legislation, we recommend the following amendments: On page 2, line 2 after "Arizona," insert the words "pursuant to sec- tion 2 hereof". On page 2, after line 7 add a new section 2. "Sec. 2. The Secretary shall release the conditions referred to in sec- tion 1 only with respect to lands covered by and described in an agree- ment or agreements entered into between the Secretary and the board of regents in which the board of regents, in consideration of the release of said conditions as to such lands, agrees— (1) that all proceeds from the sale or exchange of such lands shall be used by the board of regents for the acquisition of lands or for the development or improvement of the lands referenced in section 1; (2) that any lands acquired by the sale or exchange of the lands covered by such agreement shall be subject to the conditions with re- spect to the use of such lands for research and education purposes con- tained in the deed dated July 6, 1960; and (3) that all proceeds from the sale, lease, or other disposition of the lands covered by such agreement shall be maintained by the board of regents in a separate fund and that the record of all transactions in- volving such fund shall be open to inspection by the Secretary." The approach contained in these amendments was taken in a similar situation involving Clemson College (Act of August 4, 1955, 69 Stat. 496) and proved to be satisfactory. The Office of Management and Budget advises that there is no ob- jection to the presentation of this report from the standpoint of the Administration's program. Sincerely, JOHN A. KNEBEL, Under Secretary. H.R. 1542 H. R. 14227 Minety-fourth Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Monday, the nineteenth day of January, one thousand nine hundred and seventy-six An Act To direct the Secretary of Agriculture to release a condition with respect to certain real property conveyed by the United States to the Board of regents of the universities and State colleges of Arizona for the use of the University of Arizona. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstand- ing any provision of the Act entitled "An Act to authorize the sale or exchange of certain lands of the United States situated in Pima County, Arizona, and for other purposes", approved August 28, 1958 (72 Stat. 979), the Secretary of Agriculture shall, with respect to any real property which was conveyed in the deed dated July 6, 1960, to the board of regents of the universities and State colleges of Arizona for the use of the University of Arizona, pursuant to section 2 hereof, release to such board of regents on behalf of the United States the condition attached to such conveyance pursuant to that Act that such property be used only for research or educational purposes and that if it ceases to be SO used the title to such property shall revert to the United States. SEC. 2. The Secretary shall release the conditions referred to in section 1 only with respect to lands covered by and described in an agreement or agreements entered into between the Secretary and the board of regents in which the board of regents, in consideration of the release of said conditions as to such lands, agrees— (1) that all proceeds from the sale or exchange of such lands shall be used by the board of regents for the acquisition of lands or for the development or improvement of the lands referenced in section 1; (2) that any lands acquired by the sale or exchange or the lands covered by such agreement shall be subject to the conditions with respect to the use of such lands for research and education purposes contained in the deed dated July 6, 1960; and (3) that all proceeds from the sale, lease, or other disposition of the lands covered by such agreement shall be maintained by the board of regents in a separate fund and that the record of all transactions involving such fund shall be open to inspection by the Secretary. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.