Las Cienegas Enhancement and Saguaro National Park Boundary Adjustment Act - Requires the Secretary of the Interior, if Las Cienegas Conservation, LLC offers to convey to the Secretary title to the Empirita-Simonson parcel of land and the Bloom parcel of land (the non-federal land), to accept the offer and simultaneously convey to Las Cienegas Conservation, LLC the Sahuarita parcel of land (the federal land).
Requires the values of the federal and non-federal lands exchanged to be equal, as determined by appraisals.
Requires Las Cienegas Conservation, LLC, to: (1) pay the costs of carrying out the exchange of such lands; (2) enter into an agreement with Pima County, Arizona, to convey to Pima County a certain well site; and (3) relinquish to Pima County any water rights to such well site held by Las Cienegas Conservation, LLC.
Requires: (1) the Empirita-Simonson parcel of non-federal land, upon acquisition by the Secretary, to become part of the Las Cienegas National Conservation Area; and (2) the Bloom parcel of non-federal, upon acquisition by the Secretary, to become part of the Saguaro National Park.
Modifies the boundary of the Las Cienegas National Conservation Area to exclude the 40-acre tract that is leased by the Bureau of Land Management (BLM) to the town of Elgin, Arizona, for a sanitary landfill.
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.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3617 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 3617
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
September 20, 2007
Ms. Giffords introduced the following bill; which was referred to the
Committee on Natural 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 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
Sahuarita parcel of land, as generally depicted on the map
entitled ``Las Cienegas Enhancement Act--Federal Land'' and
dated April 17, 2007.
(4) Landowner.--The term ``landowner'' means Las Cienegas
Conservation, LLC.
(5) Non-federal land.--The term ``non-Federal land''
means--
(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
(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.
(6) Park.--The term ``Park'' means Saguaro National Park.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(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.
SEC. 3. LAND EXCHANGE.
(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--
(1) accept the offer; and
(2) simultaneously 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) In general.--As of the date of enactment of this Act,
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 landowner.
(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 landowner 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 by making a cash
equalization payment to the landowner;
(ii) the landowner by 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) 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.
(C) 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 to the landowner, the landowner 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 landowner.
(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 landowner 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--
(1) not later than 1 year after the date of enactment of
this Act; or
(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.
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(5)(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(5)(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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on National Parks, Forests and Public Lands.
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