[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3497 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3497

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 13, 2006

  Mr. Kyl (for himself and Mr. McCain) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural 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) Conservation area.--The term ``Conservation Area'' 
        means the Las Cienegas National Conservation Area.
            (2) County.--The term ``County'' means Pima County, 
        Arizona.
            (3) Federal land.--The term ``Federal land'' means the 
        Sahuarita parcel of land, as generally depicted on the map 
        entitled ``Las Cienegas Enhancement Act-Federal Land'' and 
        dated May 8, 2006.
            (4) Landowner.--The term ``landowner'' means Las Cienegas 
        Conservation, LLC.
            (5) Non-federal land.--The term ``non-Federal land'' means 
        the Empirita-Simonson parcel of land consisting of 
        approximately 2,392 acres, as generally depicted on the map 
        entitled ``Las Cienegas Enhancement Act-Non-Federal Land'' and 
        dated May 8, 2006.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) Well site.--The term ``well site'' means a well site 
        that--
                    (A) consists of approximately 98 acres of land 
                located within the boundaries of the parcel of non-
                Federal land; and
                    (B) is described in the instrument recorded in 
                docket 12543, pages 5459-5465 of the official records 
                of the County.

SEC. 3. LAND EXCHANGE.

    (a) In General.--If the landowner offers to convey to the Secretary 
title to the non-Federal land that is acceptable to the Secretary, the 
Secretary shall--
            (1) accept the offer; and
            (2) simultaneously 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) In general.--As of the date of enactment of this Act, 
        the value of the Federal land and the non-Federal land--
                    (A) shall be equal, as determined by appraisals 
                conducted in accordance with paragraph (2); or
                    (B) if not equal, shall be equalized in accordance 
                with paragraph (3).
            (2) Appraisals.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, the Federal land and the 
                non-Federal land shall be appraised by an independent, 
                qualified appraiser that is agreed to by the Secretary 
                and the landowner.
                    (B) Requirements.--An appraisal under subparagraph 
                (A) shall be--
                            (i) conducted in accordance with--
                                    (I) the Uniform Appraisal Standards 
                                for Federal Land Acquisition; and
                                    (II) the Uniform Standards of 
                                Professional Appraisal Practice; and
                            (ii) submitted to the Secretary for 
                        approval.
            (3) Cash equalization payments.--
                    (A) In general.--If the value of the Federal land 
                and the non-Federal land is not equal, the value may be 
                equalized by--
                            (i) the Secretary by making a cash 
                        equalization payment to the landowner; or
                            (ii) the landowner by making a cash 
                        equalization payment to the Secretary.
                    (B) Amount.--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 under subparagraph (A)(ii) in an 
                amount that exceeds 25 percent of the value of the 
                Federal land.
                    (C) Disposition and use of proceeds.--
                            (i) Disposition of proceeds.--Any cash 
                        equalization payments received by the Secretary 
                        under subparagraph (A)(ii) 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)).
                            (ii) Use of proceeds.--Amounts deposited 
                        under clause (i) 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) Conditions of Conveyance.--
            (1) In general.--As a condition of the conveyance of the 
        Federal land to the landowner, the landowner shall--
                    (A) pay the costs of carrying out the exchange of 
                the Federal land and the non-Federal land under this 
                section, including any direct costs relating to any 
                environmental reviews and any required mitigation of 
                the Federal land;
                    (B) enter into an agreement with the County to 
                convey to the County the well site; and
                    (C) relinquish to the County any water rights to 
                the well site held by the landowner.
            (2) Valid existing rights.--The exchange of Federal land 
        and non-Federal land shall be subject to any easements, rights-
        of-way, and other valid encumbrances in existence on the date 
        of enactment of this Act.
    (d) Legal Descriptions.--The Secretary and the landowner may 
mutually agree to--
            (1) correct minor errors in the legal descriptions of the 
        Federal land and the non-Federal land; or
            (2) make minor adjustments to the boundaries of the Federal 
        land and the non-Federal land.
    (e) Deadline for Completion of Exchange.--It is the intent of 
Congress that the land exchange under this section shall be completed--
            (1) not later than 1 year after the date of enactment of 
        this Act; or
            (2) if there is a dispute with respect to the appraisal, 
        not later than 90 days after the date on which the dispute is 
        resolved.

SEC. 4. ADMINISTRATION.

    (a) Administration of Land Acquired by the United States.--On 
acquisition by the Secretary, the non-Federal land shall--
            (1) become part of the Conservation Area; and
            (2) be administered by the Secretary in accordance with the 
        laws applicable to national conservation areas.
    (b) National Conservation Area Boundary Adjustment.--The boundary 
of the Conservation Area is modified to exclude the 40-acre tract of 
Bureau of Land Management that is leased to the town of Elgin, Arizona, 
for a sanitary landfill.
    (c) 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 through the non-Federal land for motorized 
public road access to the boundary of the Coronado National Forest.
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