II 109th CONGRESS 2d Session S. 3497 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.

1.

Short title

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

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.

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.

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.