Las Cienegas Enhancement Act - Requires the Secretary of the Interior (the Secretary), if Las Cienegas Conservation, LLC, offers to convey to the Secretary title to the Empirita-Simonson parcel of land (the non-federal land) to accept the offer and convey to Las Cienegas Conservation, LLC, the Sahuarita parcel of land (the federal land).
Requires the values of the federal and non-federal land exchanged to be equal.
Sets forth requirements for: (1) an independent appraisal of the federal and non-federal land; and (2) the equalization of the values of such land if they are not equal, including by the payment by Las Cienegas Conservation, LLC, or the Secretary of a cash equalization payment..
Requires: (1) the deposit of any cash equalization payment received by the Secretary in the Federal Land Disposal Account; and (2) amounts so deposited to be available to the Secretary for the acquisition of lands and interests in land in southern Arizona.
Subjects the exchange of the federal and non-federal land to any easements, rights-of-way, and other valid encumbrances on such land in existence on the enactment of this Act.
Requires Las Cienegas Conservation, LLC, to: (1) pay the costs of carrying out the exchange of such land, including any direct costs related to any environmental reviews and mitigation of the federal land; and (2) convey to Pima County, Arizona, a certain parcel of land.
Instructs the Secretary to 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.
Requires the Secretary, upon acquisition of the non-federal land, to include the acquired land as part of the Las Cienegas National Conservation Area.
Modifies the boundary of the Las Cienegas National Conservation Area to exclude the 40-acre tract that, as of the enactment of this Act, is leased by the Bureau of Land Management (BLM) to the town of Elgin, Arizona, for a sanitary landfill.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5016 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5016
To provide for the exchange of certain Bureau of Land Management land
in Pima County, Arizona, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 28, 2006
Mr. Kolbe introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Las Cienegas Enhancement Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) County.--The term ``County'' means Pima County,
Arizona.
(2) Federal land.--The term ``Federal land'' means the
Sahuarita parcel of land consisting of approximately 1,280
acres in sections 5, 7, and 8 of Township 17 South, Range 15
East, Gila and Salt River Base and Meridian.
(3) Landowner.--The term ``landowner'' means Las Cienegas
Conservation, LLC.
(4) Non-federal land.--The term ``non-Federal land'' means
the Empirita-Simonson parcel of land, subject to well access
easements of record, consisting of approximately 2,490 acres in
sections 14, 22, 23, 24, 25, 26, and 36 of Township 17 South,
Range 18 East, Gila and Salt River Base and Meridian.
(5) 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 non-Federal land, the Federal land and 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) Cash equalization payments.--If the value of the
Federal land and non-Federal land is not equal, the value may
be equalized by the payment of a cash equalization payment by
the Secretary or landowner. 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
in excess of 25 percent of the value of the Federal land.
(4) Disposition and use of proceeds.--Any cash equalization
payment received by the Secretary under paragraph (3) shall be
deposited in the fund established by Public Law 90-171
(commonly known as the ``Sisk Act''; 16 U.S.C. 484a). 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) Time for Completion of Exchange.--The land exchange authorized
under this section shall be completed--
(1) except as provided in paragraph (2), before the
expiration of the 90-day period beginning on the date on which
the appraisals of the Federal land and non-Federal land are
submitted to the Secretary and landowner; or
(2) if there is a dispute concerning an appraisal or
appraisal issue arising under subsection (b), before the
expiration of the 90-day period beginning on the date the
dispute is resolved.
(d) Conditions of Conveyance.--As a condition of the conveyance of
the Federal land to the landowner, the landowner shall--
(1) 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.
(2) convey to the County a well site of approximately 98
acres located within the exterior boundaries of the non-Federal
land, which well site is legally described in the instrument
recorded in Docket 12543, pages 5459-5465, Official Records of
Pima County, Arizona.
(e) 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; or
(2) to make minor adjustments to the boundaries of the
Federal land and non-Federal land.
(f) 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 to the non-Federal land for motorized public
road access to the boundary of the Coronado National Forest.
(g) 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 the
laws applicable to national conservation areas.
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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Referred to the Subcommittee on Forests and Forest Health.
Executive Comment Requested from Interior.
Subcommittee Hearings Held.
Subcommittee on Forests and Forest Health Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported in the Nature of a Substitute (Amended) by Voice Vote.
Reported (Amended) by the Committee on Resources. H. Rept. 109-635.
Reported (Amended) by the Committee on Resources. H. Rept. 109-635.
Placed on the Union Calendar, Calendar No. 375.
Mr. Pearce moved to suspend the rules and pass the bill, as amended.
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Considered under suspension of the rules. (consideration: CR H7655-7656)
DEBATE - The House proceeded with forty minutes of debate on H.R. 5016.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H7655-7656)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H7655-7656)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.
Read twice and referred to the Committee on Energy and Natural Resources.