I 

109TH CONGRESS 

2D SESSION H. R. 5016 

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 

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: 

8 (1) COUNTY.—The term ‘‘County’’ means Pima 

9 County, Arizona. 


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

2 means the Sahuarita parcel of land consisting of ap3 proximately 1,280 acres in sections 5, 7, and 8 of 

4 Township 17 South, Range 15 East, Gila and Salt 

5 River Base and Meridian. 

6 (3) LANDOWNER.—The term ‘‘landowner’’ 

7 means Las Cienegas Conservation, LLC. 

8 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed9 eral land’’ means the Empirita-Simonson parcel of 

10 land, subject to well access easements of record, con11 sisting of approximately 2,490 acres in sections 14, 

12 22, 23, 24, 25, 26, and 36 of Township 17 South, 

13 Range 18 East, Gila and Salt River Base and Me14 ridian. 

15 (5) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of the Interior. 

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

18 LAND IN PIMA COUNTY, ARIZONA. 

19 (a) EXCHANGE AUTHORIZED.—If the landowner of20 fers to convey to the Secretary title to the non-Federal 

21 land, the Secretary shall accept the offer and convey to 

22 the landowner all, right, title, and interest of the United 

23 States in and to the Federal land. 

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


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

2 the Federal land and the non-Federal land to be ex3 changed under this section shall be equal. If the val4 ues are not equal, the values shall be equalized in 

5 accordance with paragraph (3). 

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

7 Federal land and non-Federal land, the Federal land 

8 and non-Federal land shall be subject to an ap9 praisal by an independent, qualified appraiser agreed 

10 to by the Secretary and landowner. The appraiser 

11 shall consider the value of the Federal land and the 

12 non-Federal land as of the date of the enactment of 

13 this Act. The appraisal shall be conducted in accord14 ance with the Uniform Appraisal Standards for Fed15 eral Land Acquisition and the Uniform Standards of 

16 Professional Appraisal Practice. Not later than 180 

17 days after the date of enactment of this Act, the ap18 praisal shall be submitted to the Secretary and land19 owner for approval. 

20 (3) CASH EQUALIZATION PAYMENTS.—If the 

21 value of the Federal land and non-Federal land is 

22 not equal, the value may be equalized by the pay23 ment of a cash equalization payment by the Sec24 retary or landowner. Notwithstanding section 206(b) 

25 of the Federal Land Policy and Management Act of 


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1 1976 (43 U.S.C. 1716(b)), the Secretary may accept 

2 a cash equalization payment in excess of 25 percent 

3 of the value of the Federal land. 

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

5 cash equalization payment received by the Secretary 

6 under paragraph (3) shall be deposited in the fund 

7 established by Public Law 90–171 (commonly known 

8 as the ‘‘Sisk Act’’; 16 U.S.C. 484a). Amounts so de9 posited shall be available to the Secretary, without 

10 further appropriation and until expended, for the ac11 quisition of land and interests in land in southern 

12 Arizona. 

13 (c) TIME FOR COMPLETION OF EXCHANGE.—The 

14 land exchange authorized under this section shall be com15 pleted— 

16 (1) except as provided in paragraph (2), before 

17 the expiration of the 90-day period beginning on the 

18 date on which the appraisals of the Federal land and 

19 non-Federal land are submitted to the Secretary and 

20 landowner; or 

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

22 or appraisal issue arising under subsection (b), be23 fore the expiration of the 90-day period beginning on 

24 the date the dispute is resolved. 


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1 (d) CONDITIONS OF CONVEYANCE.—As a condition 

2 of the conveyance of the Federal land to the landowner, 

3 the landowner shall— 

4 (1) pay the costs of carrying out the exchange 

5 of the Federal land and non-Federal land under this 

6 section, including any direct costs relating to any en7 vironmental reviews and mitigation of the Federal 

8 land. 

9 (2) convey to the County a well site of approxi10 mately 98 acres located within the exterior bound11 aries of the non-Federal land, which well site is le12 gally described in the instrument recorded in Docket 

13 12543, pages 5459–5465, Official Records of Pima 

14 County, Arizona. 

15 (e) CORRECTION OF ERRORS; MINOR BOUNDARY AD16 JUSTMENTS.—The Secretary and landowner may mutually 

17 agree— 

18 (1) to correct minor errors in the legal descrip19 tions of the Federal land and non-Federal land; or 

20 (2) to make minor adjustments to the bound21 aries of the Federal land and non-Federal land. 

22 (f) ROAD ACCESS.—Not later than 18 months after 

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

24 Secretary, the Secretary shall, in accordance with section 

25 507 of the Federal Land Policy and Management Act of 


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1 1976 (43 U.S.C. 1767), provide to the Secretary of Agri2 culture a right-of-way to the non-Federal land for motor3 ized public road access to the boundary of the Coronado 

4 National Forest. 

5 (g) ADMINISTRATION OF LAND ACQUIRED BY THE

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

7 by the Secretary, the Secretary shall— 

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

9 Cienegas National Conservation Area; and 

10 (2) administer the acquired land in accordance 

11 with the laws applicable to national conservation 

12 areas. 

13 SEC. 4. MODIFICATION OF LAS CIENEGAS NATIONAL CON14 SERVATION AREA BOUNDARY. 

15 The boundary of the Las Cienegas National Con16 servation Area is modified to exclude the 40-acre tract 

17 that, as of the date of the enactment of this Act, is leased 

18 by the Bureau of Land Management to the town of Elgin, 

19 Arizona, for a sanitary landfill. 

Æ 


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