[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5016 Engrossed in House (EH)]


  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  2d Session
                                H. R. 5016

_______________________________________________________________________

                                 AN ACT


 
 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Las Cienegas Enhancement Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Federal land.--The term ``Federal land'' means the 
        Sahuarita parcel of land consisting of approximately 1,280 
        acres, as depicted on the map entitled ``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-Federal land'' means 
        the Empirita-Simonson parcel of land consisting of 
        approximately 2,392 acres, as depicted on the map entitled 
        ``Las Cienegas Enhancement 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 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 exchanged under this section 
        shall be equal. If the values are not equal, the values shall 
        be equalized in accordance 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 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 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--
                    (A) by reducing the acreage of the non-Federal 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 section 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 available 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 enactment of this Act.
    (d) Time for Completion of Exchange.--The exchange 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 expiration 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 landowner 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 Adjustments.--The 
Secretary and landowner may mutually agree--
            (1) to correct minor errors in the legal descriptions 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.
    (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 
Coronado 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 Conservation Area, and other applicable 
        laws.

SEC. 4. MODIFICATION OF LAS CIENEGAS NATIONAL CONSERVATION AREA 
              BOUNDARY.

    The boundary of the Las Cienegas National Conservation 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.

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 landowner 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''.

            Passed the House of Representatives September 27, 2006.

            Attest:

                                                                 Clerk.
109th CONGRESS

  2d Session

                               H. R. 5016

_______________________________________________________________________

                                 AN ACT

 To provide for the exchange of certain Bureau of Land Management land 
            in Pima County, Arizona, and for other purposes.