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







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 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) County.--The term ``County'' means Pima County, 
        Arizona.
            (2) Federal land.--The term ``Federal land'' means the 
        Sahuarita parcel of land consisting of approximately 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-Federal land'' means 
        the Empirita-Simonson parcel of land, subject to well access 
        easements of record, consisting 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 Meridian.
            (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 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 non-Federal land, the Federal land and 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) Cash equalization payments.--If the value of the 
        Federal land and non-Federal land is not equal, the value may 
        be equalized by the payment of a cash equalization payment by 
        the Secretary or landowner. Notwithstanding section 206(b) of 
        the Federal Land Policy and Management Act of 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 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) Time for Completion of Exchange.--The land exchange authorized 
under this section shall be completed--
            (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), before the 
        expiration of the 90-day period beginning on the date the 
        dispute is resolved.
    (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 environmental reviews and 
        mitigation of the Federal land.
            (2) convey to the County a well site of approximately 98 
        acres located within the exterior boundaries of the non-Federal 
        land, which well site is legally described in the instrument 
        recorded in Docket 12543, pages 5459-5465, Official Records of 
        Pima County, Arizona.
    (e) 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; or
            (2) to make minor adjustments to the boundaries 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 1976 (43 U.S.C. 1767), provide to the Secretary of 
Agriculture a right-of-way to the non-Federal land for motorized 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 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.
                                 <all>