109 HR 5016 : Las Cienegas Enhancement U.S. House of Representatives 2006-11-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IIB 109th CONGRESS 2d Session H. R. 5016 IN THE SENATE OF THE UNITED STATES September 28, 2006 Received November 13, 2006 Read twice and referred to the Committee on Energy and Natural Resources AN ACT To provide for the exchange of certain Bureau of Land Management land in Pima County, Arizona, and for other purposes.

1.

Short title

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

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.

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.

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.

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. Karen L. Haas, Clerk.