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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
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States of America his copyrights in all of his unpublished writings in National Archives collections.
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domain. The copyrights to materials written by other individuals or organizations are presumed to
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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.