[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2848 Reported in Senate (RS)]

                                                       Calendar No. 851
106th CONGRESS
  2d Session
                                S. 2848

                          [Report No. 106-429]

To provide for a land exchange to benefit the Pecos National Historical 
                          Park in New Mexico.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 11, 2000

 Mr. Bingaman introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

           September 28 (legislative day, September 22), 2000

              Reported by Mr. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To provide for a land exchange to benefit the Pecos National Historical 
                          Park in New Mexico.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Pecos National Historical 
Park Land Exchange Act of 2000''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    As used in this Act--</DELETED>
        <DELETED>    (1) the term ``Secretaries'' means the Secretary 
        of the Interior and the Secretary of Agriculture;</DELETED>
        <DELETED>    (2) the term ``landowner'' means Harold and 
        Elizabeth Zuschlag, owners of land within the Pecos National 
        Historical Park; and</DELETED>
        <DELETED>    (3) the term ``map'' means a map entitled ``Pecos 
        National Historical Park Land Exchange'' and dated June 27, 
        2000.</DELETED>

<DELETED>SEC. 3. LAND EXCHANGE.</DELETED>

<DELETED>    (a) Upon the conveyance by the landowner to the Secretary 
of the Interior of the lands identified in subsection (b), the 
Secretary of Agriculture shall convey the following lands and interests 
to the landowner, subject to the provisions of this Act:</DELETED>
        <DELETED>    (1) approximately 160 acres of Federal lands and 
        interests therein within the Santa Fe National Forest in the 
        State of New Mexico, as generally depicted on the map; 
        and</DELETED>
        <DELETED>    (2) an easement for water pipelines to two 
        existing well sites, located within the Pecos National 
        Historical Park, as provided in this paragraph.</DELETED>
                <DELETED>    (A) The Secretary of the Interior shall 
                determine the appropriate route of the easement through 
                Pecos National Historical Park and such route shall be 
                a condition of the easement. The Secretary of the 
                Interior may add such additional terms and conditions 
                to the easement as he deems appropriate.</DELETED>
                <DELETED>    (B) The easement shall be established, 
                operated, and maintained in compliance with all Federal 
                laws.</DELETED>
<DELETED>    (b) The lands to be conveyed by the landowner to the 
Secretary of the Interior comprise approximately 154 acres within the 
Pecos National Historical Park as generally depicted on the 
map.</DELETED>
<DELETED>    (c) The Secretary of Agriculture shall convey the lands 
and interests identified in subsection (a) only if the landowner 
conveys a deed of title to the United States, that is acceptable to and 
approved by the Secretary of the Interior.</DELETED>
<DELETED>    (d) Terms and Conditions.--</DELETED>
        <DELETED>    (1) In general.--Except as otherwise provided in 
        this Act, the exchange of lands and interests pursuant to this 
        Act shall be in accordance with the provisions of section 206 
        of the Federal Land Policy and Management Act (43 U.S.C. 1716) 
        and other applicable laws.</DELETED>
        <DELETED>    (2) Valuation and appraisals.--The values of the 
        lands and interests to be exchanged pursuant to this Act shall 
        be equal, as determined by appraisals using nationally 
        recognized appraisal standards including the Uniform Appraisal 
        Standards for Federal Land Acquisition. The landowner shall pay 
        the cost of the appraisals.</DELETED>
        <DELETED>    (3) Completion of the exchange.--The exchange of 
        lands and interests pursuant to this Act shall be completed not 
        later than 90 days after the Secretary of the Interior approves 
        the appraisals.</DELETED>
        <DELETED>    (4) Additional terms and conditions.--The 
        Secretaries may require such additional terms and conditions in 
        connection with the exchange of lands and interests pursuant to 
        this Act as the Secretaries consider appropriate to protect the 
        interests of the United States.</DELETED>

<DELETED>SEC. 4. BOUNDARY ADJUSTMENT AND MAPS.</DELETED>

<DELETED>    (a) Upon acceptance of title by the Secretary of the 
Interior of the lands and interests conveyed to the United States 
pursuant to section 4 of this Act, the boundaries of the Pecos National 
Historical Park shall be adjusted to encompass such lands. The 
Secretary of the Interior shall administer such lands in accordance 
with the provisions of law generally applicable to units of the 
National Park System, including the Act entitled ``An Act to establish 
a National Park Service, and for other purposes'', approved August 25, 
1916 (16 U.S.C. 1, 2-4).</DELETED>
<DELETED>    (b) The map shall be on file and available for public 
inspection in the appropriate offices of the Secretaries.</DELETED>
<DELETED>    (c) Not later than 180 days after completion of the 
exchange described in section 3, the Secretaries shall transmit the map 
accurately depicting the lands and interests conveyed to the Committee 
on Energy and Natural Resources of the United States Senate and the 
Committee on Resources of the United States House of 
Representatives.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pecos National Historical Park Land 
Exchange Act of 2000''.

SEC. 2. DEFINITIONS.

    As used in this Act--
            (1) the term ``Secretaries'' means the Secretary of the 
        Interior and the Secretary of Agriculture;
            (2) the term ``landowner'' means Harold and Elisabeth 
        Zuschlag, owners of land within the Pecos National Historical 
        Park; and
            (3) the term ``map'' means a map entitled ``Proposed Land 
        Exchange for Pecos National Historical Park'', numbered 430/
        80,054, and dated November 19, 1999, revised September 18, 
        2000.

SEC. 3. LAND EXCHANGE.

    (a) Upon the conveyance by the landowner to the Secretary of the 
Interior of the lands identified in subsection (b), the Secretary of 
Agriculture shall convey the following lands and interests to the 
landowner, subject to the provisions of this Act:
            (1) Approximately 160 acres of Federal lands and interests 
        therein within the Santa Fe National Forest in the State of New 
        Mexico, as generally depicted on the map; and
            (2) The Secretary of the Interior shall convey an easement 
        for water pipelines to two existing well sites, located within 
        the Pecos National Historical Park, as provided in this 
        paragraph.
                    (A) The Secretary of the Interior shall determine 
                the appropriate route of the easement through Pecos 
                National Historical Park and such route shall be a 
                condition of the easement. The Secretary of the 
                Interior may add such additional terms and conditions 
                relating to the use of the well and pipeline granted 
                under this easement as he deems appropriate.
                    (B) The easement shall be established, operated, 
                and maintained in compliance with all Federal laws.
    (b) The lands to be conveyed by the landowner to the Secretary of 
the Interior comprise approximately 154 acres within the Pecos National 
Historical Park as generally depicted on the map.
    (c) The Secretary of Agriculture shall convey the lands and 
interests identified in subsection (a) only if the landowner conveys a 
deed of title to the United States, that is acceptable to and approved 
by the Secretary of the Interior.
    (d) Terms and Conditions.--
            (1) In general.--Except as otherwise provided in this Act, 
        the exchange of lands and interests pursuant to this Act shall 
        be in accordance with the provisions of section 206 of the 
        Federal Land Policy and Management Act (43 U.S.C. 1716) and 
        other applicable laws including the National Environmental 
        Policy Act (42 U.S.C. 4321 et seq.).
            (2) Valuation and appraisals.--The values of the lands and 
        interests to be exchanged pursuant to this Act shall be equal, 
        as determined by appraisals using nationally recognized 
        appraisal standards including the Uniform Appraisal Standards 
        for Federal Land Acquisition. The Secretaries shall obtain the 
        appraisals and insure they are conducted in accordance with the 
        Uniform Appraisal Standards for Federal Land Acquisition. The 
        appraisals shall be paid for in accordance with the exchange 
agreement between the Secretaries and the landowner.
            (3) Completion of the exchange.--The exchange of lands and 
        interests pursuant to this Act shall be completed not later 
        than 180 days after National Environmental Policy Act 
        requirements have been met and after the Secretary of the 
        Interior approves the appraisals. The Secretaries shall report 
        to the Committee on Energy and Natural Resources of the United 
        States Senate and the Committee on Resources of the United 
        States House of Representatives upon the successful completion 
        of the exchange.
            (4) Additional terms and conditions.--The Secretaries may 
        require such additional terms and conditions in connection with 
        the exchange of lands and interests pursuant to this Act as the 
        Secretaries consider appropriate to protect the interests of 
        the United States.
            (5) Equalization of values.--
                    (A) The Secretary of Agriculture shall equalize the 
                values of Federal land conveyed under subsection (a) 
                and the land conveyed to the Federal Government under 
                subsection (b)--
                            (i) by the payment of cash to the Secretary 
                        of Agriculture or the landowner, as 
                        appropriate, except that notwithstanding 
                        section 206(b) of the Federal Land Policy and 
                        Management Act of 1976 (43 U.S.C. 1716(b)), the 
                        Secretary of Agriculture may accept a cash 
                        equalization payment in excess of 25 percent of 
                        the value of the Federal land; or
                            (ii) if the value of the Federal land is 
                        greater than the land conveyed to the Federal 
                        government, by reducing the acreage of the 
                        Federal land conveyed.
                    (B) Disposition of funds.--Any funds received by 
                the Secretary of Agriculture as cash equalization 
                payment from the exchange under this section shall be 
                deposited into the fund established by Public Law 90-
                171 (commonly known as the ``Sisk Act'') (16 U.S.C. 
                484a) and shall be available for expenditure, without 
                further appropriation, for the acquisition of land and 
                interests in the land in the State of New Mexico.

SEC. 4. BOUNDARY ADJUSTMENT AND MAPS.

    (a) Upon acceptance of title by the Secretary of the Interior of 
the lands and interests conveyed to the United States pursuant to 
section 4 of this Act, the boundaries of the Pecos National Historical 
Park shall be adjusted to encompass such lands. The Secretary of the 
Interior shall administer such lands in accordance with the provisions 
of law generally applicable to units of the National Park System, 
including the Act entitled ``An Act to establish a National Park 
Service, and for other purposes'', approved August 25, 1916 (16 U.S.C. 
1, 2-4).
    (b) The map shall be on file and available for public inspection in 
the appropriate offices of the Secretaries.
    (c) Not later than 180 days after completion of the exchange 
described in section 3, the Secretaries shall transmit the map 
accurately depicting the lands and interests conveyed to the Committee 
on Energy and Natural Resources of the United States and the Committee 
on Resources of the United States House of Representatives.
                                                       Calendar No. 851

106th CONGRESS

  2d Session

                                S. 2848

                          [Report No. 106-429]

_______________________________________________________________________

                                 A BILL

To provide for a land exchange to benefit the Pecos National Historical 
                          Park in New Mexico.

_______________________________________________________________________

           September 28 (legislative day, September 22), 2000

                       Reported with an amendment