[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1341 Reported in Senate (RS)]






                                                       Calendar No. 644
110th CONGRESS
  2d Session
                                S. 1341

                          [Report No. 110-292]

 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

                              May 9, 2007

  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

                             April 10, 2008

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Las Cienegas Enhancement 
and Saguaro National Park Boundary Adjustment Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Conservation area.--The term ``Conservation 
        Area'' means the Las Cienegas National Conservation 
        Area.</DELETED>
        <DELETED>    (2) County.--The term ``County'' means Pima 
        County, Arizona.</DELETED>
        <DELETED>    (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 April 17, 2007.</DELETED>
        <DELETED>    (4) Landowner.--The term ``landowner'' means Las 
        Cienegas Conservation, LLC.</DELETED>
        <DELETED>    (5) Non-federal land.--The term ``non-Federal 
        land'' means--</DELETED>
                <DELETED>    (A) 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 April 17, 2007; 
                and</DELETED>
                <DELETED>    (B) the Bloom parcel of land consisting of 
                approximately 160 acres, as generally depicted on the 
                map entitled ``Saguaro National Park, Bloom Tract'' and 
                dated April 17, 2007.</DELETED>
        <DELETED>    (6) Park.--The term ``Park'' means Saguaro 
        National Park.</DELETED>
        <DELETED>    (7) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (8) Well site.--The term ``well site'' means a 
        well site that consists of approximately 98 acres of land, as 
        generally depicted on the map entitled ``Las Cienegas 
        Enhancement Act--Non-Federal Land'' and dated April 17, 
        2007.</DELETED>

<DELETED>SEC. 3. LAND EXCHANGE.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) accept the offer; and</DELETED>
        <DELETED>    (2) simultaneously convey to the landowner all 
        right, title, and interest of the United States in and to the 
        Federal land.</DELETED>
<DELETED>    (b) Valuation, Appraisals, and Equalization.--</DELETED>
        <DELETED>    (1) In general.--As of the date of enactment of 
        this Act, the value of the Federal land and the non-Federal 
        land--</DELETED>
                <DELETED>    (A) shall be equal, as determined by 
                appraisals conducted in accordance with paragraph (2); 
                or</DELETED>
                <DELETED>    (B) if not equal, shall be equalized in 
                accordance with paragraph (3).</DELETED>
        <DELETED>    (2) Appraisals.--</DELETED>
                <DELETED>    (A) In general.--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.</DELETED>
                <DELETED>    (B) Requirements.--An appraisal under 
                subparagraph (A) shall--</DELETED>
                        <DELETED>    (i) be conducted in accordance 
                        with--</DELETED>
                                <DELETED>    (I) the Uniform Appraisal 
                                Standards for Federal Land Acquisition; 
                                and</DELETED>
                                <DELETED>    (II) the Uniform Standards 
                                of Professional Appraisal Practice; 
                                and</DELETED>
                        <DELETED>    (ii) not later than 180 days after 
                        the date of enactment of this Act, be submitted 
                        to the Secretary and the landowner for 
                        approval.</DELETED>
        <DELETED>    (3) Equalization.--</DELETED>
                <DELETED>    (A) In general.--If the value of the 
                Federal land and the non-Federal land is not equal, the 
                value may be equalized by--</DELETED>
                        <DELETED>    (i) the Secretary by making a cash 
                        equalization payment to the 
                        landowner;</DELETED>
                        <DELETED>    (ii) the landowner by making a 
                        cash equalization payment to the Secretary; 
                        or</DELETED>
                        <DELETED>    (iii) reducing the acreage of the 
                        Federal land or the non-Federal land to be 
                        exchanged, as appropriate.</DELETED>
                <DELETED>    (B) Amount of payment.--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.</DELETED>
                <DELETED>    (C) Cash equalization payments.--
                </DELETED>
                        <DELETED>    (i) Disposition.--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)).</DELETED>
                        <DELETED>    (ii) Use.--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.</DELETED>
<DELETED>    (c) Conditions of Conveyance.--</DELETED>
        <DELETED>    (1) In general.--As a condition of the conveyance 
        of the Federal land to the landowner, the landowner shall--
        </DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) enter into an agreement with the 
                County to convey to the County the well site; 
                and</DELETED>
                <DELETED>    (C) relinquish to the County any water 
                rights to the well site held by the 
                landowner.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (d) Legal Descriptions.--The Secretary and the landowner 
may mutually agree to--</DELETED>
        <DELETED>    (1) correct minor errors in the legal descriptions 
        of the Federal land and the non-Federal land; or</DELETED>
        <DELETED>    (2) make minor adjustments to the boundaries of 
        the Federal land and the non-Federal land.</DELETED>
<DELETED>    (e) Deadline for Completion of Exchange.--It is the intent 
of Congress that the land exchange under this section shall be 
completed--</DELETED>
        <DELETED>    (1) not later than 1 year after the date of 
        enactment of this Act; or</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 4. ADMINISTRATION.</DELETED>

<DELETED>    (a) Administration of Land Acquired by the United 
States.--</DELETED>
        <DELETED>    (1) Empirita-simonson parcel.--On acquisition by 
        the Secretary, the parcel of non-Federal land described in 
        section 2(5)(A) shall--</DELETED>
                <DELETED>    (A) become part of the Conservation Area; 
                and</DELETED>
                <DELETED>    (B) be administered by the Secretary in 
                accordance with Public Law 106-538 (16 U.S.C. 460ooo et 
                seq.).</DELETED>
        <DELETED>    (2) Bloom parcel.--On acquisition by the 
        Secretary, the parcel of non-Federal land described in section 
        2(5)(B) shall--</DELETED>
                <DELETED>    (A) become part of the Park; and</DELETED>
                <DELETED>    (B) be administered by the Secretary in 
                accordance with the Saguaro National Park Establishment 
                Act of 1994 (16 U.S.C. 410zz et seq.).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Las Cienegas Enhancement and Saguaro 
National Park Boundary Adjustment 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 
        parcel of land consisting of approximately 1,196 acres, as 
        generally depicted on the map entitled ``Las Cienegas 
        Enhancement Act--Federal Land'' and dated April 17, 2007.
            (4) Non-federal land.--The term ``non-Federal land'' 
        means--
                    (A) the Empirita-Simonson parcel of land consisting 
                of approximately 2,568 acres, as generally depicted on 
                the map entitled ``Las Cienegas Enhancement Act--Non-
                Federal Land'' and dated April 17, 2007; and
                    (B) the Bloom parcel of land consisting of 
                approximately 160 acres, as generally depicted on the 
                map entitled ``Saguaro National Park, Bloom Tract'' and 
                dated April 17, 2007.
            (5) Park.--The term ``Park'' means Saguaro National Park.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) Well site.--The term ``well site'' means a well site 
        that consists of approximately 98 acres of land, as generally 
        depicted on the map entitled ``Las Cienegas Enhancement Act--
        Non-Federal Land'' and dated April 17, 2007.

SEC. 3. LAND EXCHANGE.

    (a) In General.--If the owner of the non-Federal land 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 owner of the non-Federal 
        land all right, title, and interest of the United States in and 
        to the Federal land.
    (b) Valuation, Appraisals, and Equalization.--
            (1) In general.--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.--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 owner of the non-Federal land.
                    (B) Requirements.--An appraisal under subparagraph 
                (A) shall--
                            (i) be conducted in accordance with--
                                    (I) the Uniform Appraisal Standards 
                                for Federal Land Acquisition; and
                                    (II) the Uniform Standards of 
                                Professional Appraisal Practice; and
                            (ii) not later than 180 days after the date 
                        of enactment of this Act, be submitted to the 
                        Secretary and the owner of the non-Federal land 
                        for approval.
            (3) Equalization.--
                    (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 making a cash 
                        equalization payment to the owner of the non-
                        Federal land;
                            (ii) the owner of the non-Federal land 
                        making a cash equalization payment to the 
                        Secretary; or
                            (iii) reducing the acreage of the Federal 
                        land or the non-Federal land to be exchanged, 
                        as appropriate.
                    (B) Cash equalization payments.--
                            (i) Disposition.--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.--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, the owner of the non-Federal land 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 owner of the non-Federal 
                land.
            (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 owner of the non-
Federal land 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 
not later than 1 year after the date of enactment of this Act.

SEC. 4. ADMINISTRATION.

    (a) Administration of Land Acquired by the United States.--
            (1) Empirita-simonson parcel.--On acquisition by the 
        Secretary, the parcel of non-Federal land described in section 
        2(4)(A) shall--
                    (A) become part of the Conservation Area; and
                    (B) be administered by the Secretary in accordance 
                with Public Law 106-538 (16 U.S.C. 460ooo et seq.).
            (2) Bloom parcel.--On acquisition by the Secretary, the 
        parcel of non-Federal land described in section 2(4)(B) shall--
                    (A) become part of the Park; and
                    (B) be administered by the Secretary in accordance 
                with the Saguaro National Park Establishment Act of 
                1994 (16 U.S.C. 410zz et seq.).
    (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.
                                                       Calendar No. 644

110th CONGRESS

  2d Session

                                S. 1341

                          [Report No. 110-292]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             April 10, 2008

                       Reported with an amendment