IIB 

109TH CONGRESS 

2D SESSION H. R. 5016 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 28, 2006 

Received 

NOVEMBER 13, 2006 

Read twice and referred to the Committee on Energy and Natural Resources 

AN ACT 

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 En3 hancement 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 en9 titled ‘‘Las Cienegas Enhancement Act—Federal 

10 Land’’ and dated May 9, 2006. 

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

12 means 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 of24 fers to convey to the Secretary title to the non-Federal 

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


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

2 States in and to the Federal land. 

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

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

5 the Federal land and the non-Federal land to be ex6 changed under this section shall be equal. If the val7 ues are not equal, the values shall be equalized in 

8 accordance 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 en16 actment of this Act. The appraisal shall be con17 ducted in accordance with the Uniform Appraisal 

18 Standards for Federal Land Acquisition and the 

19 Uniform Standards of Professional Appraisal Prac20 tice. Not later than 180 days after the date of enact21 ment of this Act, the appraisal shall be submitted to 

22 the Secretary and landowner for approval. 

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

24 of the Federal land and non-Federal land are not 

25 equal, their values may be equalized— 


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1 (A) by reducing the acreage of the non2 Federal land or the Federal land to be ex3 changed, as appropriate; or 

4 (B) by the payment by the landowner or 

5 the Secretary of a cash equalization payment, 

6 which, in the case of a cash equalization pay7 ment made by the landowner, may exceed 25 

8 percent of the value of the Federal land, not9 withstanding section 206(b) of the Federal 

10 Land Policy and Management Act of 1976 (43 

11 U.S.C. 1716(b)). 

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

13 cash equalization payment received by the Secretary 

14 under paragraph (3) shall be deposited in the Fed15 eral Land Disposal Account established by section 

16 206(a) of the Federal Land Transaction Facilitation 

17 Act (43 U.S.C. 2305(a)). Amounts so deposited shall 

18 be available to the Secretary, without further appro19 priation and until expended, for the acquisition of 

20 land and interests in land in southern Arizona. 

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

22 exchange of the Federal land and the non-Federal land 

23 shall be subject to any easements, rights-of-way, and other 

24 valid encumbrances on the land in existence on the date 

25 of enactment 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 

3 this section shall be completed— 

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

5 later than one year after the date of the enactment 

6 of 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 

15 of the Federal land and non-Federal land under this sec16 tion, including any direct costs relating to any environ17 mental 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 bound25 aries 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 

5 for motorized public road access to the boundary of the 

6 Coronado National Forest. The right-of-way shall be pro7 vided in accordance with section 507 of the Federal Land 

8 Policy 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 

16 seq.), which established the Las Cienegas National 

17 Conservation 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 Con21 servation Area is modified to exclude the 40-acre tract 

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

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

24 Arizona, 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 Coun5 ty, Arizona, a parcel of land consisting of approximately 

6 98 acres, as depicted on the map referred to in section 

7 2(1) as ‘‘land to be conveyed to Pima County’’. 

Passed the House of Representatives September 27, 

2006. 

Attest: KAREN L. HAAS, 

Clerk. 


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