IB 
Union Calendar No. 375 
109TH CONGRESS 
2D SESSION 
H. R. 5016 
[Report No. 109–635] 
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 
SEPTEMBER 6, 2006 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on March 28, 2006] 
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, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Las Cienegas Enhance-
ment Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) FEDERAL LAND.—The term ‘‘Federal land’’ 
means the Sahuarita parcel of land consisting of ap-
proximately 1,280 acres, as depicted on the map enti-
tled ‘‘Las Cienegas Enhancement Act—Federal Land’’ 
and dated May 9, 2006. 
(2) LANDOWNER.—The term ‘‘landowner’’ means 
Las Cienegas Conservation, LLC. 
(3) NON-FEDERAL LAND.—The term ‘‘non-Fed-
eral land’’ means the Empirita-Simonson parcel of 
land consisting of approximately 2,392 acres, as de-
picted on the map entitled ‘‘Las Cienegas Enhance-
ment Act—Non-Federal Land’’ and dated May 9, 
2006. 
(4) 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 offers 
to convey to the Secretary title to the non-Federal land, the 
Secretary shall accept the offer and convey to the landowner 
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all, right, title, and interest of the United States in and 
to the Federal land. 
(b) VALUATION, APPRAISALS, AND EQUALIZATION.— 
(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 values 
are not equal, the values shall be equalized in accord-
ance with paragraph (3). 
(2) APPRAISAL.—To determine the value of the 
Federal land and the non-Federal land, the Federal 
land and the non-Federal land shall be subject to an 
appraisal by an independent, qualified appraiser 
agreed to by the Secretary and landowner. The ap-
praiser shall consider the value of the Federal land 
and the non-Federal land as of the date of the enact-
ment of this Act. The appraisal shall be conducted in 
accordance with the Uniform Appraisal Standards 
for Federal Land Acquisition and the Uniform 
Standards of Professional Appraisal Practice. Not 
later than 180 days after the date of enactment of this 
Act, the appraisal shall be submitted to the Secretary 
and landowner for approval. 
(3) EQUALIZATION OF VALUES.—If the values of 
the Federal land and non-Federal land are not equal, 
their values may be equalized— 
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(A) by reducing the acreage of the non-Fed-
eral land or the Federal land to be exchanged, as 
appropriate; or 
(B) by the payment by the landowner or the 
Secretary of a cash equalization payment, which, 
in the case of a cash equalization payment made 
by the landowner, may exceed 25 percent of the 
value of the Federal land, notwithstanding sec-
tion 206(b) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1716(b)). 
(4) DISPOSITION AND USE OF PROCEEDS.—Any 
cash equalization payment received by the Secretary 
under paragraph (3) shall be deposited in the Federal 
Land Disposal Account established by section 206(a) 
of the Federal Land Transaction Facilitation Act (43 
U.S.C. 2305(a)). Amounts so deposited shall be avail-
able to the Secretary, without further appropriation 
and until expended, for the acquisition of land and 
interests in land in southern Arizona. 
(c) PROTECTION OF VALID EXISTING RIGHTS.—The 
exchange of the Federal land and the non-Federal land shall 
be subject to any easements, rights-of-way, and other valid 
encumbrances on the land in existence on the date of enact-
ment of this Act. 
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(d) TIME FOR COMPLETION OF EXCHANGE.—The ex-
change of the Federal land and non-Federal land under this 
section shall be completed— 
(1) except as provided in paragraph (2), not 
later than one year after the date of the enactment of 
this Act; or 
(2) if there is a dispute concerning an appraisal 
of the Federal land or non-Federal land or appraisal 
issue arising under subsection (b), before the expira-
tion of the 90-day period beginning on the date the 
dispute is resolved. 
(e) ADMINISTRATIVE COSTS.—As a condition of the 
conveyance of the Federal land to the landowner, the land-
owner shall 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 environmental 
reviews and mitigation of the Federal land. 
(f) 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 to be 
exchanged under this section; or 
(2) to make minor adjustments to the boundaries 
of the Federal land and non-Federal land. 
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(g) ROAD ACCESS.—Not later than 18 months after 
the date on which the non-Federal land is acquired by the 
Secretary, the Secretary shall provide to the Secretary of 
Agriculture a right-of-way through the non-Federal land for 
motorized public road access to the boundary of the Coro-
nado National Forest. The right-of-way shall be provided 
in accordance with section 507 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1767). 
(h) 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 Public Law 106–538 (16 U.S.C. 460ooo et seq.), 
which established the Las Cienegas National Con-
servation Area, and other applicable laws. 
SEC. 4. MODIFICATION OF LAS CIENEGAS NATIONAL CON-
SERVATION AREA BOUNDARY. 
The boundary of the Las Cienegas National Conserva-
tion 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. 
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SEC. 5. LAND CONVEYANCE, PIMA COUNTY, ARIZONA. 
As an additional condition of the conveyance of the 
Federal land to the landowner under section 3, the land-
owner shall convey, without consideration, to Pima County, 
Arizona, a parcel of land consisting of approximately 98 
acres, as depicted on the map referred to in section 2(1) 
as ‘‘land to be conveyed to Pima County’’. 
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Union Calendar No. 375 
109TH CONGRESS 
2D SESSION 
H. R. 5016 
[Report No. 109–635] 
A BILL 
To provide for the exchange of certain Bureau of 
Land Management land in Pima County, Ari-
zona, and for other purposes. 
SEPTEMBER 6, 2006 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Aug 31 2005 
03:49 Sep 07, 2006
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PO 00000
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