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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Las Cienegas En-
hancement Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) COUNTY.—The term ‘‘County’’ means Pima 
County, Arizona. 
VerDate Aug 31 2005 
02:54 Mar 29, 2006
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5016.IH
H5016
jcorcoran on PROD1PC62 with BILLS
(2) FEDERAL LAND.—The term ‘‘Federal land’’ 
means the Sahuarita parcel of land consisting of ap-
proximately 1,280 acres in sections 5, 7, and 8 of 
Township 17 South, Range 15 East, Gila and Salt 
River Base and Meridian. 
(3) 
LANDOWNER.—The 
term 
‘‘landowner’’ 
means Las Cienegas Conservation, LLC. 
(4) NON-FEDERAL LAND.—The term ‘‘non-Fed-
eral land’’ means the Empirita-Simonson parcel of 
land, subject to well access easements of record, con-
sisting of approximately 2,490 acres in sections 14, 
22, 23, 24, 25, 26, and 36 of Township 17 South, 
Range 18 East, Gila and Salt River Base and Me-
ridian. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
SEC. 3. LAND EXCHANGE, BUREAU OF LAND MANAGEMENT 
LAND IN PIMA COUNTY, ARIZONA. 
(a) EXCHANGE AUTHORIZED.—If the landowner of-
fers to convey to the Secretary title to the non-Federal 
land, the Secretary shall accept the offer and convey to 
the landowner all, right, title, and interest of the United 
States in and to the Federal land. 
(b) VALUATION, APPRAISALS, AND EQUALIZATION.— 
VerDate Aug 31 2005 
02:54 Mar 29, 2006
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5016.IH
H5016
jcorcoran on PROD1PC62 with BILLS
(1) EQUAL VALUE EXCHANGE.—The value of 
the Federal land and the non-Federal land to be ex-
changed under this section shall be equal. If the val-
ues are not equal, the values shall be equalized in 
accordance with paragraph (3). 
(2) APPRAISAL.—To determine the value of the 
Federal land and non-Federal land, the Federal land 
and non-Federal land shall be subject to an ap-
praisal by an independent, qualified appraiser agreed 
to by the Secretary and landowner. The appraiser 
shall consider the value of the Federal land and the 
non-Federal land as of the date of the enactment of 
this Act. The appraisal shall be conducted in accord-
ance with the Uniform Appraisal Standards for Fed-
eral Land Acquisition and the Uniform Standards of 
Professional Appraisal Practice. Not later than 180 
days after the date of enactment of this Act, the ap-
praisal shall be submitted to the Secretary and land-
owner for approval. 
(3) CASH
EQUALIZATION
PAYMENTS.—If the 
value of the Federal land and non-Federal land is 
not equal, the value may be equalized by the pay-
ment of a cash equalization payment by the Sec-
retary or landowner. Notwithstanding section 206(b) 
of the Federal Land Policy and Management Act of 
VerDate Aug 31 2005 
02:54 Mar 29, 2006
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5016.IH
H5016
jcorcoran on PROD1PC62 with BILLS
1976 (43 U.S.C. 1716(b)), the Secretary may accept 
a cash equalization payment in excess of 25 percent 
of the value of the Federal land. 
(4) DISPOSITION AND USE OF PROCEEDS.—Any 
cash equalization payment received by the Secretary 
under paragraph (3) shall be deposited in the fund 
established by Public Law 90–171 (commonly known 
as the ‘‘Sisk Act’’; 16 U.S.C. 484a). Amounts so de-
posited shall be available to the Secretary, without 
further appropriation and until expended, for the ac-
quisition of land and interests in land in southern 
Arizona. 
(c) TIME FOR COMPLETION OF EXCHANGE.—The 
land exchange authorized under this section shall be com-
pleted— 
(1) except as provided in paragraph (2), before 
the expiration of the 90-day period beginning on the 
date on which the appraisals of the Federal land and 
non-Federal land are submitted to the Secretary and 
landowner; or 
(2) if there is a dispute concerning an appraisal 
or appraisal issue arising under subsection (b), be-
fore the expiration of the 90-day period beginning on 
the date the dispute is resolved. 
VerDate Aug 31 2005 
02:54 Mar 29, 2006
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5016.IH
H5016
jcorcoran on PROD1PC62 with BILLS
(d) CONDITIONS OF CONVEYANCE.—As a condition 
of the conveyance of the Federal land to the landowner, 
the landowner shall— 
(1) pay the costs of carrying out the exchange 
of the Federal land and non-Federal land under this 
section, including any direct costs relating to any en-
vironmental reviews and mitigation of the Federal 
land. 
(2) convey to the County a well site of approxi-
mately 98 acres located within the exterior bound-
aries of the non-Federal land, which well site is le-
gally described in the instrument recorded in Docket 
12543, pages 5459–5465, Official Records of Pima 
County, Arizona. 
(e) CORRECTION OF ERRORS; MINOR BOUNDARY AD-
JUSTMENTS.—The Secretary and landowner may mutually 
agree— 
(1) to correct minor errors in the legal descrip-
tions of the Federal land and non-Federal land; or 
(2) to make minor adjustments to the bound-
aries of the Federal land and non-Federal land. 
(f) ROAD ACCESS.—Not later than 18 months after 
the date on which the non-Federal land is acquired by the 
Secretary, the Secretary shall, in accordance with section 
507 of the Federal Land Policy and Management Act of 
VerDate Aug 31 2005 
02:54 Mar 29, 2006
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5016.IH
H5016
jcorcoran on PROD1PC62 with BILLS
1976 (43 U.S.C. 1767), provide to the Secretary of Agri-
culture a right-of-way to the non-Federal land for motor-
ized public road access to the boundary of the Coronado 
National Forest. 
(g) ADMINISTRATION OF LAND ACQUIRED BY THE 
UNITED STATES.—On acquisition of the non-Federal land 
by the Secretary, the Secretary shall— 
(1) include the acquired land as part of the Las 
Cienegas National Conservation Area; and 
(2) administer the acquired land in accordance 
with the laws applicable to national conservation 
areas. 
SEC. 4. MODIFICATION OF LAS CIENEGAS NATIONAL CON-
SERVATION AREA BOUNDARY. 
The boundary of the Las Cienegas National Con-
servation Area is modified to exclude the 40-acre tract 
that, as of the date of the enactment of this Act, is leased 
by the Bureau of Land Management to the town of Elgin, 
Arizona, for a sanitary landfill. 
Æ 
VerDate Aug 31 2005 
02:54 Mar 29, 2006
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6301
E:\BILLS\H5016.IH
H5016
jcorcoran on PROD1PC62 with BILLS