II 

109TH CONGRESS 

2D SESSION S. 3497 

To provide for the exchange of certain Bureau of Land Management land 

in Pima County, Arizona, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 13, 2006 

Mr. KYL (for himself and Mr. MCCAIN) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

A BILL 

To provide for the exchange of certain Bureau of Land 

Management land in Pima County, Arizona, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Las Cienegas En5 hancement Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


bajohnson on PROD1PC61 with BILLS
2 

•S 3497 IS

1 (1) CONSERVATION AREA.—The term ‘‘Con2 servation Area’’ means the Las Cienegas National 

3 Conservation Area. 

4 (2) COUNTY.—The term ‘‘County’’ means Pima 

5 County, Arizona. 

6 (3) FEDERAL LAND.—The term ‘‘Federal land’’ 

7 means the Sahuarita parcel of land, as generally de8 picted on the map entitled ‘‘Las Cienegas Enhance9 ment Act-Federal Land’’ and dated May 8, 2006. 

10 (4) LANDOWNER.—The term ‘‘landowner’’ 

11 means Las Cienegas Conservation, LLC. 

12 (5) NON-FEDERAL LAND.—The term ‘‘non-Fed13 eral land’’ means the Empirita-Simonson parcel of 

14 land consisting of approximately 2,392 acres, as 

15 generally depicted on the map entitled ‘‘Las 

16 Cienegas Enhancement Act-Non-Federal Land’’ and 

17 dated May 8, 2006. 

18 (6) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of the Interior. 

20 (7) WELL SITE.—The term ‘‘well site’’ means a 

21 well site that— 

22 (A) consists of approximately 98 acres of 

23 land located within the boundaries of the parcel 

24 of non-Federal land; and 


bajohnson on PROD1PC61 with BILLS
3 

•S 3497 IS

1 (B) is described in the instrument recorded 

2 in docket 12543, pages 5459–5465 of the offi3 cial records of the County. 

4 SEC. 3. LAND EXCHANGE. 

5 (a) IN GENERAL.—If the landowner offers to convey 

6 to the Secretary title to the non-Federal land that is ac7 ceptable to the Secretary, the Secretary shall— 

8 (1) accept the offer; and 

9 (2) simultaneously convey to the landowner all 

10 right, title, and interest of the United States in and 

11 to the Federal land. 

12 (b) VALUATION, APPRAISALS, AND EQUALIZATION.— 

13 (1) IN GENERAL.—As of the date of enactment 

14 of this Act, the value of the Federal land and the 

15 non-Federal land— 

16 (A) shall be equal, as determined by ap17 praisals conducted in accordance with para18 graph (2); or 

19 (B) if not equal, shall be equalized in ac20 cordance with paragraph (3). 

21 (2) APPRAISALS.— 

22 (A) IN GENERAL.—Not later than 180 

23 days after the date of enactment of this Act, 

24 the Federal land and the non-Federal land shall 

25 be appraised by an independent, qualified apVerDate Aug 31 2005 04:10 Jun 14, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3497.IS S3497

bajohnson on PROD1PC61 with BILLS
4 

•S 3497 IS

1 praiser that is agreed to by the Secretary and 

2 the landowner. 

3 (B) REQUIREMENTS.—An appraisal under 

4 subparagraph (A) shall be— 

5 (i) conducted in accordance with— 

6 (I) the Uniform Appraisal Stand7 ards for Federal Land Acquisition; 

8 and 

9 (II) the Uniform Standards of 

10 Professional Appraisal Practice; and 

11 (ii) submitted to the Secretary for ap12 proval. 

13 (3) CASH EQUALIZATION PAYMENTS.— 

14 (A) IN GENERAL.—If the value of the Fed15 eral land and the non-Federal land is not equal, 

16 the value may be equalized by— 

17 (i) the Secretary by making a cash 

18 equalization payment to the landowner; or 

19 (ii) the landowner by making a cash 

20 equalization payment to the Secretary. 

21 (B) AMOUNT.—Notwithstanding section 

22 206(b) of the Federal Land Policy and Manage23 ment Act of 1976 (43 U.S.C. 1716(b)), the 

24 Secretary may accept a cash equalization pay25 ment under subparagraph (A)(ii) in an amount 


bajohnson on PROD1PC61 with BILLS
5 

•S 3497 IS

1 that exceeds 25 percent of the value of the Fed2 eral land. 

3 (C) DISPOSITION AND USE OF PRO4 CEEDS.— 

5 (i) DISPOSITION OF PROCEEDS.—Any 

6 cash equalization payments received by the 

7 Secretary under subparagraph (A)(ii) shall 

8 be deposited in the Federal Land Disposal 

9 Account established by section 206(a) of 

10 the Federal Land Transaction Facilitation 

11 Act (43 U.S.C. 2305(a)). 

12 (ii) USE OF PROCEEDS.—Amounts de13 posited under clause (i) shall be available 

14 to the Secretary, without further appro15 priation and until expended, for the acqui16 sition of land and interests in land in 

17 southern Arizona. 

18 (c) CONDITIONS OF CONVEYANCE.— 

19 (1) IN GENERAL.—As a condition of the con20 veyance of the Federal land to the landowner, the 

21 landowner shall— 

22 (A) pay the costs of carrying out the ex23 change of the Federal land and the non-Federal 

24 land under this section, including any direct 


bajohnson on PROD1PC61 with BILLS
6 

•S 3497 IS

1 costs relating to any environmental reviews and 

2 any required mitigation of the Federal land; 

3 (B) enter into an agreement with the 

4 County to convey to the County the well site; 

5 and 

6 (C) relinquish to the County any water 

7 rights to the well site held by the landowner. 

8 (2) VALID EXISTING RIGHTS.—The exchange of 

9 Federal land and non-Federal land shall be subject 

10 to any easements, rights-of-way, and other valid en11 cumbrances in existence on the date of enactment of 

12 this Act. 

13 (d) LEGAL DESCRIPTIONS.—The Secretary and the 

14 landowner may mutually agree to— 

15 (1) correct minor errors in the legal descrip16 tions of the Federal land and the non-Federal land; 

17 or 

18 (2) make minor adjustments to the boundaries 

19 of the Federal land and the non-Federal land. 

20 (e) DEADLINE FOR COMPLETION OF EXCHANGE.— 

21 It is the intent of Congress that the land exchange under 

22 this section shall be completed— 

23 (1) not later than 1 year after the date of en24 actment of this Act; or 


bajohnson on PROD1PC61 with BILLS
7 

•S 3497 IS

1 (2) if there is a dispute with respect to the ap2 praisal, not later than 90 days after the date on 

3 which the dispute is resolved. 

4 SEC. 4. ADMINISTRATION. 

5 (a) ADMINISTRATION OF LAND ACQUIRED BY THE

6 UNITED STATES.—On acquisition by the Secretary, the 

7 non-Federal land shall— 

8 (1) become part of the Conservation Area; and 

9 (2) be administered by the Secretary in accord10 ance with the laws applicable to national conserva11 tion areas. 

12 (b) NATIONAL CONSERVATION AREA BOUNDARY AD13 JUSTMENT.—The boundary of the Conservation Area is 

14 modified to exclude the 40-acre tract of Bureau of Land 

15 Management that is leased to the town of Elgin, Arizona, 

16 for a sanitary landfill. 

17 (c) ROAD ACCESS.—Not later than 18 months after 

18 the date on which the non-Federal land is acquired by the 

19 Secretary, the Secretary shall, in accordance with section 

20 507 of the Federal Land Policy and Management Act of 

21 1976 (43 U.S.C. 1767), provide to the Secretary of Agri22 culture a right-of-way through the non-Federal land for 

23 motorized public road access to the boundary of the Coro24 nado National Forest. 

Æ 


bajohnson on PROD1PC61 with BILLS