[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.
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