[Congressional Record Volume 152, Number 123 (Wednesday, September 27, 2006)]
[House]
[Pages H7655-H7656]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  2315
                      LAS CIENEGAS ENHANCEMENT ACT

  Mr. PEARCE. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 5016) to provide for the exchange of certain Bureau of Land 
Management land in Pima County, Arizona, and for other purposes, as 
amended.
  The Clerk read as follows:

                               H.R. 5016

       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) 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.

[[Page H7656]]

       (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.

     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 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.

     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.

     SEC. 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''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Mexico (Mr. Pearce) and the gentleman from Wisconsin (Mr. Kind) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Mexico.
  Mr. PEARCE. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, H.R. 5016, introduced by Mr. Kolbe, would consolidate 
lands within the Las Cienegas National Conservation Area located 50 
miles south of Tucson. The area consists of 42,000 acres managed by the 
Bureau of Land Management.
  This legislation would add 2,490 acres of private land to the 
conservation area in exchange for 1,280 acres of isolated BLM lands. 
The bill would also modify the boundary of the conservation area to 
exclude a 40-acre tract of land for a sanitary landfill. This area was 
inadvertently included in the original boundary.
  I would urge support for this bill.
  Madam Speaker, I reserve the balance of my time.
  Mr. KIND. Madam Speaker, I, too, support passage of this legislation 
and would encourage its adoption, and I yield back the remainder of our 
time.
  Mr. PEARCE. Madam Speaker, before I depart, I would like to thank the 
gentleman from Wisconsin for his great work here. I think we have set a 
modern land speed record on these bills, and I thank him very much.
  Madam Speaker, I have no additional speakers, and I yield back the 
balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Mexico (Mr. Pearce) that the House suspend the rules 
and pass the bill, H.R. 5016, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________