II 

110TH CONGRESS 

1ST SESSION S. 1341 

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 

MAY 9, 2007 

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 and Saguaro National Park Boundary Adjust6 ment Act’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 


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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) FEDERALLAND.—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 April 17, 

10 2007. 

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

12 means Las Cienegas Conservation, LLC. 

13 (5) NON-FEDERALLAND.—The term ‘‘non-Fed14 eral land’’ means— 

15 (A) the Empirita-Simonson parcel of land 

16 consisting of approximately 2,392 acres, as gen17 erally depicted on the map entitled ‘‘Las 

18 Cienegas Enhancement Act—Non-Federal 

19 Land’’ and dated April 17, 2007; and 

20 (B) the Bloom parcel of land consisting of 

21 approximately 160 acres, as generally depicted 

22 on the map entitled ‘‘Saguaro National Park, 

23 Bloom Tract’’ and dated April 17, 2007. 

24 (6) PARK.—The term ‘‘Park’’ means Saguaro 

25 National Park. 


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1 (7) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

3 (8) WELL SITE.—The term ‘‘well site’’ means a 

4 well site that consists of approximately 98 acres of 

5 land, as generally depicted on the map entitled ‘‘Las 

6 Cienegas Enhancement Act—Non-Federal Land’’ 

7 and dated April 17, 2007. 

8 SEC. 3. LAND EXCHANGE. 

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

10 to the Secretary title to the non-Federal land that is ac11 ceptable to the Secretary, the Secretary shall— 

12 (1) accept the offer; and 

13 (2) simultaneously convey to the landowner all 

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

15 to the Federal land. 

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

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

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

19 non-Federal land— 

20 (A) shall be equal, as determined by ap21 praisals conducted in accordance with para22 graph (2); or 

23 (B) if not equal, shall be equalized in ac24 cordance with paragraph (3). 

25 (2) APPRAISALS.— 


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1 (A) IN GENERAL.—The Federal land and 

2 the non-Federal land shall be appraised by an 

3 independent, qualified appraiser that is agreed 

4 to by the Secretary and the landowner. 

5 (B) REQUIREMENTS.—An appraisal under 

6 subparagraph (A) shall— 

7 (i) be conducted in accordance with— 

8 (I) the Uniform Appraisal Stand9 ards for Federal Land Acquisition; 

10 and 

11 (II) the Uniform Standards of 

12 Professional Appraisal Practice; and 

13 (ii) not later than 180 days after the 

14 date of enactment of this Act, be sub15 mitted to the Secretary and the landowner 

16 for approval. 

17 (3) EQUALIZATION.— 

18 (A) IN GENERAL.—If the value of the Fed19 eral land and the non-Federal land is not equal, 

20 the value may be equalized by— 

21 (i) the Secretary by making a cash 

22 equalization payment to the landowner; 

23 (ii) the landowner by making a cash 

24 equalization payment to the Secretary; or 


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1 (iii) reducing the acreage of the Fed2 eral land or the non-Federal land to be ex3 changed, as appropriate. 

4 (B) AMOUNT OF PAYMENT.—Notwith5 standing section 206(b) of the Federal Land 

6 Policy and Management Act of 1976 (43 U.S.C. 

7 1716(b)), the Secretary may accept a cash 

8 equalization payment under subparagraph 

9 (A)(ii) in an amount that exceeds 25 percent of 

10 the value of the Federal land. 

11 (C) CASH EQUALIZATION PAYMENTS.— 

12 (i) DISPOSITION.—Any cash equali13 zation payments received by the Secretary 

14 under subparagraph (A)(ii) shall be depos15 ited in the Federal Land Disposal Account 

16 established by section 206(a) of the Fed17 eral Land Transaction Facilitation Act (43 

18 U.S.C. 2305(a)). 

19 (ii) USE.—Amounts deposited under 

20 clause (i) shall be available to the Sec21 retary, without further appropriation and 

22 until expended, for the acquisition of land 

23 and interests in land in southern Arizona. 

24 (c) CONDITIONS OF CONVEYANCE.— 


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1 (1) IN GENERAL.—As a condition of the con2 veyance of the Federal land to the landowner, the 

3 landowner shall— 

4 (A) pay the costs of carrying out the ex5 change of the Federal land and the non-Federal 

6 land under this section, including any direct 

7 costs relating to any environmental reviews and 

8 any required mitigation of the Federal land; 

9 (B) enter into an agreement with the 

10 County to convey to the County the well site; 

11 and 

12 (C) relinquish to the County any water 

13 rights to the well site held by the landowner. 

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

15 Federal land and non-Federal land shall be subject 

16 to any easements, rights-of-way, and other valid en17 cumbrances in existence on the date of enactment of 

18 this Act. 

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

20 landowner may mutually agree to— 

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

23 or 

24 (2) make minor adjustments to the boundaries 

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


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1 (e) DEADLINE FOR COMPLETION OF EXCHANGE.— 

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

3 this section shall be completed— 

4 (1) not later than 1 year after the date of en5 actment of this Act; or 

6 (2) if there is a dispute with respect to the ap7 praisal, not later than 90 days after the date on 

8 which the dispute is resolved. 

9 SEC. 4. ADMINISTRATION. 

10 (a) ADMINISTRATION OF LAND ACQUIRED BY THE

11 UNITED STATES.— 

12 (1) EMPIRITA-SIMONSON PARCEL.—On acquisi13 tion by the Secretary, the parcel of non-Federal land 

14 described in section 2(5)(A) shall— 

15 (A) become part of the Conservation Area; 

16 and 

17 (B) be administered by the Secretary in 

18 accordance with Public Law 106–538 (16 

19 U.S.C. 460ooo et seq.). 

20 (2) BLOOM PARCEL.—On acquisition by the 

21 Secretary, the parcel of non-Federal land described 

22 in section 2(5)(B) shall— 

23 (A) become part of the Park; and 

24 (B) be administered by the Secretary in 

25 accordance with the Saguaro National Park EsVerDate Aug 31 2005 23:12 May 14, 2007 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1341.IS S1341

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1 tablishment Act of 1994 (16 U.S.C. 410zz et 

2 seq.). 

3 (b) NATIONAL CONSERVATION AREA BOUNDARY AD4 JUSTMENT.—The boundary of the Conservation Area is 

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

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

7 for a sanitary landfill. 

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

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

10 Secretary, the Secretary shall, in accordance with section 

11 507 of the Federal Land Policy and Management Act of 

12 1976 (43 U.S.C. 1767), provide to the Secretary of Agri13 culture a right-of-way through the non-Federal land for 

14 motorized public road access to the boundary of the Coro15 nado National Forest. 

Æ 


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