IB 

Union Calendar No. 375 

109TH CONGRESS 

2D SESSION H. R. 5016 

[Report No. 109–635] 

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

in Pima County, Arizona, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 28, 2006 

Mr. KOLBE introduced the following bill; which was referred to the Committee 

on Resources 

SEPTEMBER 6, 2006 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 28, 2006] 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Las Cienegas Enhance3 ment Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

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

7 means the Sahuarita parcel of land consisting of ap8 proximately 1,280 acres, as depicted on the map enti9 tled ‘‘Las Cienegas Enhancement Act—Federal Land’’ 

10 and dated May 9, 2006. 

11 (2) LANDOWNER.—The term ‘‘landowner’’ means 

12 Las Cienegas Conservation, LLC. 

13 (3) NON-FEDERAL LAND.—The term ‘‘non-Fed14 eral land’’ means the Empirita-Simonson parcel of 

15 land consisting of approximately 2,392 acres, as de16 picted on the map entitled ‘‘Las Cienegas Enhance17 ment Act—Non-Federal Land’’ and dated May 9, 

18 2006. 

19 (4) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of the Interior. 

21 SEC. 3. LAND EXCHANGE, BUREAU OF LAND MANAGEMENT 

22 LAND IN PIMA COUNTY, ARIZONA. 

23 (a) EXCHANGE AUTHORIZED.—If the landowner offers 

24 to convey to the Secretary title to the non-Federal land, the 

25 Secretary shall accept the offer and convey to the landowner 


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1 all, right, title, and interest of the United States in and 

2 to the Federal land. 

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

4 (1) EQUAL VALUE EXCHANGE.—The value of the 

5 Federal land and the non-Federal land to be ex6 changed under this section shall be equal. If the values 

7 are not equal, the values shall be equalized in accord8 ance with paragraph (3). 

9 (2) APPRAISAL.—To determine the value of the 

10 Federal land and the non-Federal land, the Federal 

11 land and the non-Federal land shall be subject to an 

12 appraisal by an independent, qualified appraiser 

13 agreed to by the Secretary and landowner. The ap14 praiser shall consider the value of the Federal land 

15 and the non-Federal land as of the date of the enact16 ment of this Act. The appraisal shall be conducted in 

17 accordance with the Uniform Appraisal Standards 

18 for Federal Land Acquisition and the Uniform 

19 Standards of Professional Appraisal Practice. Not 

20 later than 180 days after the date of enactment of this 

21 Act, the appraisal shall be submitted to the Secretary 

22 and landowner for approval. 

23 (3) EQUALIZATION OF VALUES.—If the values of 

24 the Federal land and non-Federal land are not equal, 

25 their values may be equalized— 


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1 (A) by reducing the acreage of the non-Fed2 eral land or the Federal land to be exchanged, as 

3 appropriate; or 

4 (B) by the payment by the landowner or the 

5 Secretary of a cash equalization payment, which, 

6 in the case of a cash equalization payment made 

7 by the landowner, may exceed 25 percent of the 

8 value of the Federal land, notwithstanding sec9 tion 206(b) of the Federal Land Policy and 

10 Management Act of 1976 (43 U.S.C. 1716(b)). 

11 (4) DISPOSITION AND USE OF PROCEEDS.—Any 

12 cash equalization payment received by the Secretary 

13 under paragraph (3) shall be deposited in the Federal 

14 Land Disposal Account established by section 206(a) 

15 of the Federal Land Transaction Facilitation Act (43 

16 U.S.C. 2305(a)). Amounts so deposited shall be avail17 able to the Secretary, without further appropriation 

18 and until expended, for the acquisition of land and 

19 interests in land in southern Arizona. 

20 (c) PROTECTION OF VALID EXISTING RIGHTS.—The 

21 exchange of the Federal land and the non-Federal land shall 

22 be subject to any easements, rights-of-way, and other valid 

23 encumbrances on the land in existence on the date of enact24 ment of this Act. 


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1 (d) TIME FOR COMPLETION OF EXCHANGE.—The ex2 change of the Federal land and non-Federal land under this 

3 section shall be completed— 

4 (1) except as provided in paragraph (2), not 

5 later than one year after the date of the enactment of 

6 this Act; or 

7 (2) if there is a dispute concerning an appraisal 

8 of the Federal land or non-Federal land or appraisal 

9 issue arising under subsection (b), before the expira10 tion of the 90-day period beginning on the date the 

11 dispute is resolved. 

12 (e) ADMINISTRATIVE COSTS.—As a condition of the 

13 conveyance of the Federal land to the landowner, the land14 owner shall pay the costs of carrying out the exchange of 

15 the Federal land and non-Federal land under this section, 

16 including any direct costs relating to any environmental 

17 reviews and mitigation of the Federal land. 

18 (f) CORRECTION OF ERRORS; MINOR BOUNDARY AD19 JUSTMENTS.—The Secretary and landowner may mutually 

20 agree— 

21 (1) to correct minor errors in the legal descrip22 tions of the Federal land and non-Federal land to be 

23 exchanged under this section; or 

24 (2) to make minor adjustments to the boundaries 

25 of the Federal land and non-Federal land. 


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1 (g) ROAD ACCESS.—Not later than 18 months after 

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

3 Secretary, the Secretary shall provide to the Secretary of 

4 Agriculture a right-of-way through the non-Federal land for 

5 motorized public road access to the boundary of the Coro6 nado National Forest. The right-of-way shall be provided 

7 in accordance with section 507 of the Federal Land Policy 

8 and Management Act of 1976 (43 U.S.C. 1767). 

9 (h) ADMINISTRATION OF LAND ACQUIRED BY THE

10 UNITED STATES.—On acquisition of the non-Federal land 

11 by the Secretary, the Secretary shall— 

12 (1) include the acquired land as part of the Las 

13 Cienegas National Conservation Area; and 

14 (2) administer the acquired land in accordance 

15 with Public Law 106–538 (16 U.S.C. 460ooo et seq.), 

16 which established the Las Cienegas National Con17 servation Area, and other applicable laws. 

18 SEC. 4. MODIFICATION OF LAS CIENEGAS NATIONAL CON19 SERVATION AREA BOUNDARY. 

20 The boundary of the Las Cienegas National Conserva21 tion Area is modified to exclude the 40-acre tract that, as 

22 of the date of the enactment of this Act, is leased by the 

23 Bureau of Land Management to the town of Elgin, Arizona, 

24 for a sanitary landfill. 


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1 SEC. 5. LAND CONVEYANCE, PIMA COUNTY, ARIZONA. 

2 As an additional condition of the conveyance of the 

3 Federal land to the landowner under section 3, the land4 owner shall convey, without consideration, to Pima County, 

5 Arizona, a parcel of land consisting of approximately 98 

6 acres, as depicted on the map referred to in section 2(1) 

7 as ‘‘land to be conveyed to Pima County’’. 


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Union Calendar No. 375 

109TH CONGRESS 

2D SESSION H. R. 5016 

[Report No. 109

–635] 

A BILL 

To provide for the exchange of certain Bureau of 

zona, and for other purposes. Land Management land in Pima County, AriSEPTEMBER 6, 2006 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


jcorcoran on PRODPC62 with BILLS