[Senate Report 110-292]
[From the U.S. Government Publishing Office]
Calendar No. 644
110th Congress Report
SENATE
2d Session 110-292
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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.