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






                                                       Calendar No. 450
105th CONGRESS
  2d Session
                                H. R. 434

                          [Report No. 105-236]


_______________________________________________________________________


                   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

                              July 2, 1998

 Reported under authority of the order of the Senate of June 26, 1998, 
                  by Mr. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. LAND CONVEYANCE, CARSON NATIONAL FOREST, NEW 
              MEXICO.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 2. LAND CONVEYANCE, SANTA FE NATIONAL FOREST, NEW 
              MEXICO.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

SECTION 1. LAND CONVEYANCE, SANTA FE NATIONAL FOREST, NEW MEXICO.

    (a) Conveyance of Property.--Within 60 days of enactment of this 
Act, the Secretary of Agriculture (herein ``the Secretary'') shall 
convey to the town of Jemez Springs, New Mexico, subject to the terms 
and conditions under subsection (c), all right, title, and interest of 
the United States in and to a parcel of real property (including any 
improvements on the land) consisting of approximately one acre located 
in the Santa Fe National Forest in Sandoval County, 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 town of Jemez Springs.
    (c) Terms and Conditions.--
            (1) Notwithstanding exceptions of application under the 
        Recreation and Public Purposes Act (43 U.S.C. 869(c)), 
        consideration for the conveyance described in subsection (a) 
        shall be--
                    (A) an amount that is consistent with the Bureau of 
                Land Management special pricing program for 
                Governmental entities under the Recreation and Public 
                Purposes Act; and,
                    (B) an agreement between the Secretary and the town 
                of Jemez Springs indemnifying the Government of the 
                United States from all liability of the Government that 
                arises from the property.
            (2) The lands conveyed by this Act shall be used for the 
        purposes of construction and operation of a fire substation. If 
        such lands cease to be used for such purposes, at the option of 
        the United States, such lands will revert to the United States.

            Passed the House of Representatives November 4, 1997.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.
                                     





                                                       Calendar No. 450

105th CONGRESS

  2d Session

                               H. R. 434

                          [Report No. 105-236]

_______________________________________________________________________

                                 A BILL

 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.

_______________________________________________________________________

                              July 2, 1998

 Reported under authority of the order of the Senate of June 26, 1998, 
                           with an amendment