[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 434 Referred in Senate (RFS)]







105th CONGRESS
  1st Session
                                H. R. 434


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 5, 1997

                                Received

                           November 13, 1997

    Read twice and referred to the Committee on Energy and Natural 
                               Resources

_______________________________________________________________________

                                 AN ACT


 
 To provide for the conveyance of small parcels of land in the Carson 
 National Forest and the Santa Fe National Forest, New Mexico, to the 
     village of El Rito and the town of Jemez Springs, New Mexico.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. LAND CONVEYANCE, CARSON NATIONAL FOREST, NEW MEXICO.

    (a) Conveyance Required.--The Secretary of Agriculture shall convey 
through sale or exchange to the County of Rio Arriba for the benefit of 
the village of El Rito, New Mexico (in this section referred to as ``El 
Rito''), all right, title, and interest of the United States in and to 
a parcel of real property, together with any improvements thereon, 
consisting of approximately 5 acres located in the Carson National 
Forest in the State of New Mexico.
    (b) Description of Property.--The exact acreage and legal 
description of the real property conveyed under subsection (a) shall be 
determined by a survey satisfactory to the Secretary. The cost of the 
survey shall be borne by the Forest Service.
    (c) Lands Acquired in Exchange From Rio Arriba County.--Except as 
provided in this Act, any exchange of lands under subsection (a) shall 
be processed in accordance with the rules of the Secretary of 
Agriculture setting forth the procedures for conducting exchanges of 
National Forest System lands (36 CFR part 254). Any lands to be 
conveyed to the United States in such an exchange shall be acceptable 
to the Secretary and shall be subject to such valid existing rights or 
record as may be acceptable to the Secretary. Title to such land shall 
conform with the title approval standards applicable to Federal land 
acquisitions.
    (d) Valuation and Appraisals.--Values of any lands exchanged 
pursuant to subsection (a) shall be equal as determined by the 
Secretary. If, due to size, location, or use of lands exchanged under 
subsection (a), the values are not exactly equal, they shall be 
equalized by the payment of cash. The Secretary may accept cash 
equalization payments in excess of 25 per centum of the total value of 
the Federal lands exchanged. Value of any lands sold to the County of 
Rio Arriba shall be on the basis of fair market value as determined by 
the Secretary.
    (e) Disposition of Funds.--Payments from a sale under subsection 
(a) or cash equalization payments may be made in equal installments for 
a period not to exceed 10 years. Any funds received by the Secretary 
through the sale or by cash equalization shall be deposited into the 
fund established by the Act of December 4, 1967 (16 U.S.C. 484a), known 
as the Sisk Act, and shall be available for expenditure, upon 
appropriation, for the acquisition of lands and interests in lands in 
the State of New Mexico.
    (f) Status of Lands.--Upon approval and acceptance of title by the 
Secretary, any lands acquired by the United States pursuant to 
subsection (a) shall become part of the Carson National Forest and the 
boundaries of the National Forest shall be adjusted to encompass such 
lands. Such lands shall be managed in accordance with the Act of March 
1, 1911 (commonly known as the ``Weeks Law'') (36 Stat. 961), and shall 
be administered by the Secretary of Agriculture in accordance with the 
laws and regulations pertaining to the National Forest System. This 
section shall not limit the Secretary's authority to adjust the 
boundaries of the Carson National Forest pursuant to section 11 of the 
Act of March 1, 1911 (``Weeks Act''). For the purposes of section 7 of 
the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-9), 
the boundaries of the Carson National Forest, as adjusted by this Act, 
shall be considered to be boundaries of the Forest as of January 1, 
1965.

SEC. 2. LAND CONVEYANCE, SANTA FE NATIONAL FOREST, NEW MEXICO.

    (a) Conveyance Required.--The Secretary of Agriculture shall 
convey, through exchange, to the town of Jemez Springs, New Mexico (in 
this section referred to as ``Jemez Springs''), all right, title, and 
interest of the United States in and to a parcel of real property, 
together with any improvements thereon, consisting of approximately 1 
acre located in the Santa Fe National Forest in the State of New 
Mexico.
    (b) Description of Property.--The exact acreage and legal 
description of the real property conveyed under subsection (a) shall be 
determined by a survey satisfactory to the Secretary. The cost of the 
survey shall be borne by the Forest Service.
    (c) Lands Acquired in Exchange From the Town of Jemez Springs.--
Except as provided in this Act, any exchange of lands under subsection 
(a) shall be processed in accordance with the rules of the Secretary of 
Agriculture setting forth the procedures for conducting exchanges of 
National Forest System lands (36 CFR part 254). Any lands conveyed to 
the United States in such an exchange shall be acceptable to the 
Secretary and shall be subject to such valid existing rights or record 
as may be acceptable to the Secretary. Title to such land shall conform 
with the title approval standards applicable to Federal land 
acquisitions.
    (d) Valuation and Appraisals.--Values of any lands to be exchanged 
pursuant to subsection (a) shall be equal as determined by the 
Secretary. If, due to size, location, or use of lands exchanged under 
section 1(a), the values are not exactly equal, they shall be equalized 
by the payment of cash. The Secretary may accept cash equalization 
payments in excess of 25 per centum of the total value of the involved 
Federal lands exchanged.
    (e) Disposition of Funds.--Payments for any cash equalization for 
the exchange under subsection (a) may be made in equal installments for 
a period of not to exceed 10 years. Any funds received by the Secretary 
through the cash equalization shall be deposited into the fund 
established by the Act of December 4, 1967 (16 U.S.C. 484a), known as 
the Sisk Act, and shall be available for expenditure, upon 
appropriation, for the acquisition of lands and interests in lands in 
the State of New Mexico.
    (f) Status of Lands.--Upon approval and acceptance of title by the 
Secretary, any lands acquired by the United States pursuant to 
subsection (a) shall become part of the Santa Fe National Forest and 
the boundaries of the National Forest shall be adjusted to encompass 
such lands. Such lands shall be managed in accordance with the Act of 
March 1, 1911 (commonly known as the ``Weeks Law'') (36 Stat. 961), and 
shall be administered by the Secretary of Agriculture in accordance 
with the laws and regulations pertaining to the National Forest System. 
This section does not limit the Secretary's authority to adjust the 
boundaries of the Carson National Forest pursuant to section 11 of the 
Act of March 1, 1911 (``Weeks Act''). For the purposes of section 7 of 
the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-9), 
the boundaries of the Santa Fe National Forest, as adjusted by this 
Act, shall be considered to be boundaries of the Forest as of January 
1, 1965.

            Passed the House of Representatives November 4, 1997.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.