II 

Calendar No. 644 

110TH CONGRESS 

2D SESSION S. 1341 

[Report No. 110–292] 

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 

APRIL 10, 2008 

Reported by Mr. BINGAMAN, with an amendment 

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

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 En3 hancement and Saguaro National Park Boundary Adjust4 ment Act’’. 

5 SEC. 2. DEFINITIONS. 

6 In this Act: 

7 (1) CONSERVATION AREA.—The term ‘‘Con8 servation Area’’ means the Las Cienegas National 

9 Conservation Area. 

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

11 County, Arizona. 

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

13 means the Sahuarita parcel of land, as generally de14 picted on the map entitled ‘‘Las Cienegas Enhance15 ment Act—Federal Land’’ and dated April 17, 

16 2007. 

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

18 means Las Cienegas Conservation, LLC. 

19 (5) NON-FEDERAL LAND.—The term ‘‘non-Fed20 eral land’’ means— 

21 (A) the Empirita-Simonson parcel of land 

22 consisting of approximately 2,392 acres, as gen23 erally depicted on the map entitled ‘‘Las 

24 Cienegas Enhancement Act—Non-Federal 

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


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1 (B) the Bloom parcel of land consisting of 

2 approximately 160 acres, as generally depicted 

3 on the map entitled ‘‘Saguaro National Park, 

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

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

6 National Park. 

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

8 the Secretary of the Interior. 

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

10 well site that consists of approximately 98 acres of 

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

12 Cienegas Enhancement Act—Non-Federal Land’’ 

13 and dated April 17, 2007. 

14 SEC. 3. LAND EXCHANGE. 

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

16 to the Secretary title to the non-Federal land that is ac17 ceptable to the Secretary, the Secretary shall— 

18 (1) accept the offer; and 

19 (2) simultaneously convey to the landowner all 

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

21 to the Federal land. 

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

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

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

25 non-Federal land— 


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1 (A) shall be equal, as determined by ap2 praisals conducted in accordance with para3 graph (2); or 

4 (B) if not equal, shall be equalized in ac5 cordance with paragraph (3). 

6 (2) APPRAISALS.— 

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

8 the non-Federal land shall be appraised by an 

9 independent, qualified appraiser that is agreed 

10 to by the Secretary and the landowner. 

11 (B) REQUIREMENTS.—An appraisal under 

12 subparagraph (A) shall— 

13 (i) be conducted in accordance with— 

14 (I) the Uniform Appraisal Stand15 ards for Federal Land Acquisition; 

16 and 

17 (II) the Uniform Standards of 

18 Professional Appraisal Practice; and 

19 (ii) not later than 180 days after the 

20 date of enactment of this Act, be sub21 mitted to the Secretary and the landowner 

22 for approval. 

23 (3) EQUALIZATION.— 


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1 (A) IN GENERAL.—If the value of the Fed2 eral land and the non-Federal land is not equal, 

3 the value may be equalized by— 

4 (i) the Secretary by making a cash 

5 equalization payment to the landowner; 

6 (ii) the landowner by making a cash 

7 equalization payment to the Secretary; or 

8 (iii) reducing the acreage of the Fed9 eral land or the non-Federal land to be ex10 changed, as appropriate. 

11 (B) AMOUNT OF PAYMENT.—Notwith12 standing section 206(b) of the Federal Land 

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

14 1716(b)), the Secretary may accept a cash 

15 equalization payment under subparagraph 

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

17 the value of the Federal land. 

18 (C) CASH EQUALIZATION PAYMENTS.— 

19 (i) DISPOSITION.—Any cash equali20 zation payments received by the Secretary 

21 under subparagraph (A)(ii) shall be depos22 ited in the Federal Land Disposal Account 

23 established by section 206(a) of the Fed24 eral Land Transaction Facilitation Act (43 

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


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1 (ii) USE.—Amounts deposited under 

2 clause (i) shall be available to the Sec3 retary, without further appropriation and 

4 until expended, for the acquisition of land 

5 and interests in land in southern Arizona. 

6 (c) CONDITIONS OF CONVEYANCE.— 

7 (1) IN GENERAL.—As a condition of the con8 veyance of the Federal land to the landowner, the 

9 landowner shall— 

10 (A) pay the costs of carrying out the ex11 change of the Federal land and the non-Federal 

12 land under this section, including any direct 

13 costs relating to any environmental reviews and 

14 any required mitigation of the Federal land; 

15 (B) enter into an agreement with the 

16 County to convey to the County the well site; 

17 and 

18 (C) relinquish to the County any water 

19 rights to the well site held by the landowner. 

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

21 Federal land and non-Federal land shall be subject 

22 to any easements, rights-of-way, and other valid en23 cumbrances in existence on the date of enactment of 

24 this Act. 


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

2 landowner may mutually agree to— 

3 (1) correct minor errors in the legal descrip4 tions of the Federal land and the non-Federal land; 

5 or 

6 (2) make minor adjustments to the boundaries 

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

8 (e) DEADLINE FOR COMPLETION OF EXCHANGE.— 

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

10 this section shall be completed— 

11 (1) not later than 1 year after the date of en12 actment of this Act; or 

13 (2) if there is a dispute with respect to the ap14 praisal, not later than 90 days after the date on 

15 which the dispute is resolved. 

16 SEC. 4. ADMINISTRATION. 

17 (a) ADMINISTRATION OF LAND ACQUIRED BY THE

18 UNITED STATES.— 

19 (1) EMPIRITA-SIMONSON PARCEL.—On acquisi20 tion by the Secretary, the parcel of non-Federal land 

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

22 (A) become part of the Conservation Area; 

23 and 


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1 (B) be administered by the Secretary in 

2 accordance with Public Law 106–538 (16 

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

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

5 Secretary, the parcel of non-Federal land described 

6 in section 2(5)(B) shall— 

7 (A) become part of the Park; and 

8 (B) be administered by the Secretary in 

9 accordance with the Saguaro National Park Es10 tablishment Act of 1994 (16 U.S.C. 410zz et 

11 seq.). 

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. 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Las Cienegas Enhance3 ment and Saguaro National Park Boundary Adjustment 

4 Act’’. 

5 SEC. 2. DEFINITIONS. 

6 In this Act: 

7 (1) CONSERVATION AREA.—The term ‘‘Conserva8 tion Area’’ means the Las Cienegas National Con9 servation Area. 

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

11 County, Arizona. 

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

13 means the parcel of land consisting of approximately 

14 1,196 acres, as generally depicted on the map entitled 

15 ‘‘Las Cienegas Enhancement Act—Federal Land’’ 

16 and dated April 17, 2007. 

17 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed18 eral land’’ means— 

19 (A) the Empirita-Simonson parcel of land 

20 consisting of approximately 2,568 acres, as gen21 erally depicted on the map entitled ‘‘Las 

22 Cienegas Enhancement Act—Non-Federal Land’’ 

23 and dated April 17, 2007; and 

24 (B) the Bloom parcel of land consisting of 

25 approximately 160 acres, as generally depicted 


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1 on the map entitled ‘‘Saguaro National Park, 

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

3 (5) PARK.—The term ‘‘Park’’ means Saguaro 

4 National Park. 

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

6 the Secretary of the Interior. 

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

8 well site that consists of approximately 98 acres of 

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

10 Cienegas Enhancement Act—Non-Federal Land’’ and 

11 dated April 17, 2007. 

12 SEC. 3. LAND EXCHANGE. 

13 (a) IN GENERAL.—If the owner of the non-Federal 

14 land offers to convey to the Secretary title to the non-Fed15 eral land that is acceptable to the Secretary, the Secretary 

16 shall— 

17 (1) accept the offer; and 

18 (2) simultaneously convey to the owner of the 

19 non-Federal land all right, title, and interest of the 

20 United States in and to the Federal land. 

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

22 (1) IN GENERAL.—The value of the Federal land 

23 and the non-Federal land— 


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1 (A) shall be equal, as determined by ap2 praisals conducted in accordance with para3 graph (2); or 

4 (B) if not equal, shall be equalized in ac5 cordance with paragraph (3). 

6 (2) APPRAISALS.— 

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

8 the non-Federal land shall be appraised by an 

9 independent, qualified appraiser that is agreed 

10 to by the Secretary and the owner of the non11 Federal land. 

12 (B) REQUIREMENTS.—An appraisal under 

13 subparagraph (A) shall— 

14 (i) be conducted in accordance with— 

15 (I) the Uniform Appraisal Stand16 ards for Federal Land Acquisition; and 

17 (II) the Uniform Standards of 

18 Professional Appraisal Practice; and 

19 (ii) not later than 180 days after the 

20 date of enactment of this Act, be submitted 

21 to the Secretary and the owner of the non22 Federal land for approval. 

23 (3) EQUALIZATION.— 


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1 (A) IN GENERAL.—If the value of the Fed2 eral land and the non-Federal land is not equal, 

3 the value may be equalized by— 

4 (i) the Secretary making a cash equali5 zation payment to the owner of the non6 Federal land; 

7 (ii) the owner of the non-Federal land 

8 making a cash equalization payment to the 

9 Secretary; or 

10 (iii) reducing the acreage of the Fed11 eral land or the non-Federal land to be ex12 changed, as appropriate. 

13 (B) CASH EQUALIZATION PAYMENTS.— 

14 (i) DISPOSITION.—Any cash equali15 zation payments received by the Secretary 

16 under subparagraph (A)(ii) shall be depos17 ited in the Federal Land Disposal Account 

18 established by section 206(a) of the Federal 

19 Land Transaction Facilitation Act (43 

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

21 (ii) USE.—Amounts deposited under 

22 clause (i) shall be available to the Secretary, 

23 without further appropriation and until ex24 pended, for the acquisition of land and in25 terests in land in southern Arizona. 


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1 (c) CONDITIONS OF CONVEYANCE.— 

2 (1) IN GENERAL.—As a condition of the convey3 ance of the Federal land, the owner of the non-Federal 

4 land shall— 

5 (A) pay the costs of carrying out the ex6 change of the Federal land and the non-Federal 

7 land under this section, including any direct 

8 costs relating to any environmental reviews and 

9 any required mitigation of the Federal land; 

10 (B) enter into an agreement with the Coun11 ty to convey to the County the well site; and 

12 (C) relinquish to the County any water 

13 rights to the well site held by the owner of the 

14 non-Federal land. 

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

16 Federal land and non-Federal land shall be subject to 

17 any easements, rights-of-way, and other valid encum18 brances in existence on the date of enactment of this 

19 Act. 

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

21 owner of the non-Federal land may mutually agree to— 

22 (1) correct minor errors in the legal descriptions 

23 of the Federal land and the non-Federal land; or 

24 (2) make minor adjustments to the boundaries of 

25 the Federal land and the non-Federal land. 


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1 (e) DEADLINE FOR COMPLETION OF EXCHANGE.—It is 

2 the intent of Congress that the land exchange under this 

3 section shall be completed not later than 1 year after the 

4 date of enactment of this Act. 

5 SEC. 4. ADMINISTRATION. 

6 (a) ADMINISTRATION OF LAND ACQUIRED BY THE

7 UNITED STATES.— 

8 (1) EMPIRITA-SIMONSON PARCEL.—On acquisi9 tion by the Secretary, the parcel of non-Federal land 

10 described in section 2(4)(A) shall— 

11 (A) become part of the Conservation Area; 

12 and 

13 (B) be administered by the Secretary in ac14 cordance with Public Law 106–538 (16 U.S.C. 

15 460ooo et seq.). 

16 (2) BLOOM PARCEL.—On acquisition by the Sec17 retary, the parcel of non-Federal land described in 

18 section 2(4)(B) shall— 

19 (A) become part of the Park; and 

20 (B) be administered by the Secretary in ac21 cordance with the Saguaro National Park Estab22 lishment Act of 1994 (16 U.S.C. 410zz et seq.). 

23 (b) NATIONAL CONSERVATION AREA BOUNDARY AD24 JUSTMENT.—The boundary of the Conservation Area is 

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


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

2 for a sanitary landfill. 

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

4 date on which the non-Federal land is acquired by the Sec5 retary, the Secretary shall, in accordance with section 507 

6 of the Federal Land Policy and Management Act of 1976 

7 (43 U.S.C. 1767), provide to the Secretary of Agriculture 

8 a right-of-way through the non-Federal land for motorized 

9 public road access to the boundary of the Coronado National 

10 Forest. 


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Calendar No. 644 

110TH CONGRESS 

2D SESSION S. 1341 

[Report No. 110

–292] 

A BILL 

To provide for the exchange of certain Bureau of 

zona, and for other purposes. Land Management land in Pima County, AriAPRIL 10, 2008 

Reported with an amendment 


wwoods2 on PRODPC68 with BILLS