[Senate Report 110-292]
[From the U.S. Government Publishing Office]




                                                       Calendar No. 644
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-292

======================================================================



 
LAS CIENEGAS ENHANCEMENT AND SAGUARO NATIONAL PARK BOUNDARY ADJUSTMENT 
                                  ACT

                                _______
                                

                 April 10, 2008.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1341]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1341) to provide for the exchange of 
certain Bureau of Land Management land in Pima County, Arizona, 
and for other purposes, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill, as amended, do pass.
    The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

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.

                                PURPOSE

    The purpose of S. 1341 is to authorize a land exchange in 
southern Arizona under which the Department would trade 
approximately 1,200 acres of land administered by the Bureau of 
Land Management out of Federal ownership in exchange for 
approximately 2,392 acres of private property, which would be 
included within the Las Cienegas National Conservation Area, 
and approximately 160 acres, which would be included within 
Saguaro National Park.

                          BACKGROUND AND NEED

    Established in December 2000, the Las Cienegas (Spanish for 
marsh or swamp) National Conservation Area includes more than 
45,000 acres of rolling grasslands and woodlands in Pima and 
Santa Cruz counties in southern Arizona, approximately 50 miles 
southeast of Tucson. The conservation area, which is 
administered by the Bureau of Land Management, includes rolling 
grasslands, oak-studded hills, and lush riparian corridors. 
Cienega Creek, with its perennial flow and lush riparian 
corridor, forms the lifeblood of the NCA and supports a diverse 
plant and animal community, including 33 species which are 
Federally listed as threatened or endangered, identified as 
species of special concern by the State of Arizona, or 
designated as sensitive species by the BLM.
    S. 1341 would provide for a land exchange between a private 
development company, Las Cienegas Conservation, LLC, and the 
Bureau of Land Management. The BLM would convey approximately 
1,200 acres of land which has been preliminarily identified for 
disposal through the BLM's land use planning process. In 
exchange, the BLM would receive approximately 2,392 acres known 
as the Empirita-Simonson parcel for inclusion in the 
conservation area and the National Park Service would receive 
approximately 160 acres for addition to the West Unit of 
Saguaro National Park, located just outside Tucson.

                          LEGISLATIVE HISTORY

    S. 1341 was introduced by Senators Kyl and McCain on May 9, 
2007. During the 109th Congress, the House of Representatives 
passed an identical measure, H.R. 5016, by a voice vote on 
September 27, 2006. The bill was not considered in the Senate.
    The Subcommittee on National Parks held a hearing on S. 
1341 on September 27, 2007. (S. Hrg. 110-266.) At its business 
meeting on January 30, 2008, the Committee on Energy and 
Natural Resources ordered S. 1341 favorably reported, with an 
amendment in the nature of a substitute.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on January 30, 2008, by a voice vote of a 
quorum present, recommends that the Senate pass S. 1341, if 
amended as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of S. 1341, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
removed references to the specifically-identified owner of the 
non-Federal land, and instead substituted general references to 
the owner of those lands. The amendment also removed a 
provision that would have allowed cash equalization payments in 
excess of the 25 percent limitation in the Federal Land Policy 
and Management Act of 1976 and made other minor changes so that 
the exchange is consistent with standard land exchange 
authorizations. The amendment is explained in detail in the 
section-by-section analysis, below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 contains the short title, the ``Las Cienegas 
Enhancement and Saguaro National Park Boundary Adjustment 
Act.''
    Section 2 defines key terms used in the bill.
    Section 3(a) provides that if the owner of the non-Federal 
land identified on the referenced map agrees to convey title to 
the land to the Secretary of the Interior (Secretary), the 
Secretary shall accept the offer and simultaneously convey all 
right, title, and interest of the United States to the Federal 
land identified on the map.
     Subsection (b) provides that the exchange shall be for 
equal value and that appraisals of the land be conducted in 
accordance with the Uniform Appraisal Standards. Either party 
may make a cash equalization payment, if necessary. Any 
payments are to be deposited into the Federal Land Disposal 
Account to be used, without further appropriation, for 
acquisition of lands and interests therein in southern Arizona.
     Subsection (c) lists the conditions of conveyance. As a 
condition of the conveyance of the Federal land, the owner of 
the non-Federal land agrees to pay the costs of carrying out 
the land exchange, including any direct costs related to 
necessary environmental reviews or any required mitigation of 
the Federal land. The owner of the non-Federal land must also 
agree to convey to Pima County, Arizona, a well site as 
identified on the referenced map and relinquish to the county 
any water rights to such site.
     Subsection (d) provides that the Secretary or the owner of 
the non-Federal land may mutually agree to correct minor errors 
in the legal descriptions and the boundaries of the lands to be 
exchanged.
     Subsection (e) states that it is the intent of Congress 
that the exchange be completed no later than one year after the 
date of enactment of this Act.
     Section 4 (a) states that the land identified on the map 
as the ``Empirita--Simonson Parcel'' shall become part of Las 
Cienegas National Conservation Area, to be administered by the 
Bureau of Land Management (BLM). The lands identified on the 
map as the ``Bloom parcel'' are to be added to Saguaro National 
Park, to be administered by the National Park Service.
     Subsection (b) modifies the boundary of Las Cienegas 
National Conservation Area to exclude a 40-acre tract that is 
leased by the BLM to the town of Elgin, Arizona, for use as a 
sanitary landfill.
     Subsection (c) directs the Secretary of the Interior, in 
accordance with section 507 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1767) to provide a right-of-
way to the Secretary of Agriculture through the non-Federal 
land acquired by the Secretary for motorized public road access 
to the boundary of the Coronado National Forest.

                    COST AND BUDGETARY CONSIDERATIONS

     The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

 S. 1341--Las Cienegas Enhancement and Saguaro National Park Boundary 
        Adjustment Act

     S. 1341 would provide for an exchange of federal and 
private land near the Las Cienegas National Conservation Area 
and the Saguaro National Park in Arizona. CBO estimates that 
implementing the bill would have no significant effect on the 
federal budget. Implementing the bill could increase offsetting 
receipts and associated direct spending, but we expect that 
those changes would offset each other over the next three 
years. Enacting S. 1341 would not affect revenues.
     The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no significant costs on state, local, or tribal 
governments.
     Under S. 1341, the Bureau of Land Management (BLM) would 
convey about 1,200 acres of federal land to a private landowner 
in exchange for about 2,600 acres near the conservation area 
and 160 acres near the national park. The bill would provide 
that the value of the properties to be exchanged could be 
equalized through either a cash payment or by reducing the 
acreage to be transferred. Any payment received by the federal 
government would be deposited into BLM's land disposal account 
and would be available, without further appropriation, to 
acquire land in southern Arizona.
    Formal appraisals of the properties have not been 
undertaken, but, based on information provided by BLM and the 
National Park Service, CBO estimates that the budgetary effects 
of the bill would be minimal. The federal government could 
receive a cash equalization payment (if the federal land is 
found to be more valuable than the private land), but we 
estimate that any such payment would be less than $500,000. BLM 
would spend this amount, without further appropriation, over 
the next few years to acquire other land in Arizona.
     According to BLM, the property to be conveyed by the 
federal government currently generates no significant 
offsetting receipts (a credit against direct spending) and is 
not expected to do so over the next 10 years. Therefore, 
conveying that property would result in no loss of offsetting 
receipts over that period.
     One-time administrative costs related to the exchange, 
such as appraisal and mapping expenses, would be paid by the 
private landowner. Finally, we estimate that any change in 
discretionary costs to manage the conservation area and the 
national park after the exchange would be negligible.
     The CBO staff contact for this estimate is Matthew 
Pickford. This estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1341. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 1341, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 1341, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in rule XLIV of the Standing Rules 
of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the National Park Service at the 
September 27, 2007 subcommittee hearing on S. 1341 follows:

 Statement of Daniel N. Wenk, Deputy Director, National Park Service, 
                       Department of the Interior

    Thank you for the opportunity to testify on S. 1341, the 
Las Cienegas Enhancement and Saguaro National Park Boundary 
Adjustment Act.
    S. 1341 provides for the conveyance of Federal land managed 
by the Bureau of Land Management (BLM) in southern Arizona to a 
private developer in exchange for environmentally significant 
lands to be included within the Saguaro National Park and the 
Las Cienegas National Conservation Area (NCA). During the 109th 
Congress, the BLM testified before the House Resources 
Committee on legislation that provided for the exchange of the 
Las Cienegas NCA parcel but that did not include the Saguaro 
National Park parcel, and, at that time, suggested a number of 
modifications to that legislation.
    The Department appreciates that S. 1341 incorporates the 
vast majority of our recommendations. We support S. 1341 and 
would like to provide a few additional amendments to ensure 
that the bill is in keeping with our land exchange practices.
    S. 1341 authorizes an exchange of land between the 
Department of the Interior and Las Cienegas LLC. The federal 
land to be conveyed totals approximately 1,200 acres and is 
referred to in the bill as the ``Sahuarita parcel of land.'' 
This property is BLM-managed land south of Tucson near Corona 
de Tucson. The land is low-lying Sonoran desert and has been 
preliminarily identified for disposal by the BLM through its 
land use planning process.
    The bill would bring two parcels of land into Federal 
ownership. The first is approximately 2,392 acres of land 
referred to in the bill as the ``Empirita-Simonson parcel of 
land.'' This property lies north of the Las Cienegas NCA 
managed by the BLM in southern Arizona. The lands are currently 
private property but mostly lie within the ``Sonoita Valley 
Acquisition Planning District'' established by Public Law 106-
538, which designated the Las Cienegas NCA. The Act directed 
the Department of the Interior to acquire lands from willing 
sellers within the planning district for inclusion within the 
NCA to further protect the important resource values for which 
the NCA was designated. In addition, these lands would provide 
important access to the Whetstone Mountains which are managed 
by the Forest Service. Upon acquisition, the bill provides that 
the parcel would be administered as part of the Las Cienegas 
NCA.
    The second parcel of land consists of 160 acres and is 
referred to as the Bloom property. This tract is undeveloped 
and is immediately adjacent to the boundary of the West 
District of Saguaro National Park. Park planning documents 
dating back to 1993 have identified this property for 
acquisition, if available. This tract contains important 
wildlife corridors and high resource values that would 
complement the resources already present in the park. The area 
surrounding the park has seen significant population increases 
during the last decade and protecting remaining undeveloped 
areas is a priority for both the park and local communities. 
Upon acquisition, the bill provides that the parcel would be 
administered as part of Saguaro National Park.
    We recommend three modifications to the bill. First, we 
would recommend striking section 3(b)(3)(B), which allows a 
waiver of section 206(b) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1716(b)) with regard to 
limiting equalization payments to 25 percent of the value of 
the Federal land. The inclusion in the bill of section 
3(b)(3)(A)(iii), which allows for the reduction of acreages to 
bring the exchange within the 25 percent ceiling, eliminates 
the need for section 3(b)(3)(B) and is consistent with BLM 
policy on equalization of payments. Second, we urge that the 
timeframes for completing the land exchanges in section 4(e) be 
extended from one year to 18 months to allow adequate time to 
complete all of the actions necessary for a land exchange. 
Third, we would suggest a technical correction to the acreage 
total for the Empirita-Simonson parcel of land.
    We support section 4(b) of the bill to remove the Elgin 
Landfill from the boundaries of the Las Cienegas NCA; its 
inclusion within the boundaries of the NCA was an error in need 
of correction and this provision will address that problem.
    Thank you for the opportunity to testify on S. 1341, I will 
be happy to answer any questions.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill S. 1341, as 
ordered reported.

                                  
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