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109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-635
LAS CIENEGAS ENHANCEMENT ACT
September 6, 2006.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 5016]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred 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, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
The amendment is as follows:
Strike all after the enacting clause and insert the
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
(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
SEC. 3. LAND EXCHANGE, BUREAU OF LAND MANAGEMENT LAND IN PIMA COUNTY,
(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
(3) Equalization of values.--If the values of the Federal
land and non-Federal land are not equal, their values may be
(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
(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
(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
(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
SEC. 4. MODIFICATION OF LAS CIENEGAS NATIONAL CONSERVATION AREA
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''.
PURPOSE OF THE BILL
The purpose of H.R. 5016 is to provide for the exchange of
certain Bureau of Land Management land in Pima County, Arizona,
and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 5016 would consolidate Bureau of Land Management (BLM)
lands within a national conservation area. The Las Cienegas
National Conservation Area (NCA) is located 50 miles south of
Tucson, Arizona, and was created by an act of Congress in 2000
sponsored by Congressman Jim Kolbe. The NCA consists of 42,000
acres managed by the BLM. The legislation convey 2,490 acres of
private land, known as the Empirita-Simonson property and
located within the boundary of the NCA, to the BL for inclusion
in the NCA. This land would be exchanged for 1,280 acres of
isolated BLM land desired by the private property owner of the
The bill would also modify the boundary of the Las Cienegas
National Conservation Area to exclude a 40 acre tract of land
for a sanitary landfill. This area was inadvertently included
in the original NCA boundary.
H.R. 5016 was introduced on March 28, 2006, by Congressman
Jim Kolbe (R-AZ). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
Forests and Forest Health. On April 5, 2006, the Subcommittee
held a hearing on the bill. On July 19, 2006, the Full
Resources Committee met to consider the bill. The Subcommittee
was discharged from further consideration by unanimous consent.
Congressman Greg Walden (R-OR) offered an amendment in the
nature of a substitute making minor substantive changes as
requested by the BLM and the minority. It was adopted by voice
vote. The bill, as amended, was then ordered favorably reported
to the House of Representatives by voice vote.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8, clause 3, and Article IV, section 3,
clause 2 of the Constitution of the United States grant
Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, credit
authority, or an increase or decrease in revenues or tax
expenditures. According to the Congressional Budget Office,
enactment of H.R. 5016 could change offsetting receipts and
associated direct spending, but ``these effects would be less
than $500,000 and would largely offset each other over the next
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
H.R. 5016--Las Cienegas Enhancement Act
H.R. 5016 would provide for an exchange of federal and
private land near the Las Cienegas National Conservation Area
in Arizona. CBO estimates that implementing the bill would have
no significant effect on the federal budget. Implementing the
bill could change offsetting receipts and associated direct
spending, but we expect that these effects would be less than
$500,000 and would largely offset each other over the next few
years. Enacting H.R. 5016 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
Under H.R. 5016, the Bureau of Land Management (BLM) would
convey about 1,280 acres of federal land to a private landowner
in exchange for about 2,400 acres near the conservation area.
The bill would provide that the value of the properties to be
exchanged would be equalized by cash payment and that such
payment could exceed 25 percent of the value of the federal
property. (Under current law, a cash equalization payment
received as part of a land exchange cannot exceed that amount.)
Any payment received by the federal government would be
deposited into BLM's federal land disposal account and would be
available, without further appropriation, to acquire land in
Formal appraisals of the two properties have not been
undertaken, but based on information provided by BLM, 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 Arizona lands.
According to BLM, the property to be conveyed by the
federal government generates no significant offsetting receipts
(a credit against direct spending) and is not expected to do so
over the next 10 years. 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 cost to manage the conservation areas after the
exchange would be negligible.
The CBO staff contact for this estimate is Deborah Reis.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing