[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4806 Referred in Senate (RFS)]

  2d Session
                                H. R. 4806


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 23, 2004

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 AN ACT


 
 To provide for a land exchange involving Federal lands in the Lincoln 
  National Forest in the State of New Mexico, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pine Springs Land Exchange Act''.

SEC. 2. LAND EXCHANGE, LINCOLN NATIONAL FOREST, NEW MEXICO.

    (a) Definitions.--In this section:
            (1) Federal land.--The term ``Federal land'' means the 
        three parcels of land, and any improvements thereon, comprising 
        approximately 80 acres in the Lincoln National Forest, New 
        Mexico, as depicted on the map entitled ``Pine Springs Land 
        Exchange'' and dated May 25, 2004, and more particularly 
        described as S1/2SE1/4NW1/4, SW1/4SW1/4, W1/2E1/2NW1/4SW1/4, 
        and E1/2W1/2NW1/4SW1/4 of section 32 of township 17 south, 
        range 13 east, New Mexico Principal Meridian.
            (2) Non-federal land.--The term ``non-Federal land'' means 
        the parcel of land owned by Lubbock Christian University 
        comprising approximately 80 acres, as depicted on the map 
        referred to in paragraph (1) and more particularly described as 
        N1/2NW1/4 of section 24 of township 17 south, range 12 east, 
        New Mexico Principal Meridian.
    (b) Land Exchange Required.--
            (1) Exchange.--In exchange for the conveyance of the non-
        Federal land by Lubbock Christian University, the Secretary of 
        Agriculture shall convey to Lubbock Christian University, by 
        quit-claim deed, all right, title, and interest of the United 
        States in and to the Federal land. The conveyance of the 
        Federal land shall be subject to valid existing rights and such 
        additional terms and conditions as the Secretary considers 
        appropriate to protect the interests of the United States. To 
        the extent practicable, and subject to paragraph (2), the 
        Secretary shall complete the land exchange not later than one 
        year after the date of the enactment of this Act.
            (2) Acceptable title.--Title to the non-Federal land shall 
        conform with the title approval standards of the Attorney 
        General applicable to Federal land acquisitions and shall 
        otherwise be acceptable to the Secretary.
            (3) Costs of implementing the exchange.--The costs of 
        implementing the land exchange shall be shared equally by the 
        Secretary and Lubbock Christian University.
    (c) Treatment of Map and Legal Descriptions.--The Secretary and 
Lubbock Christian University may correct any minor error in the map 
referred to in subsection (a)(1) or the legal descriptions of the 
Federal land and non-Federal land. In the event of a discrepancy 
between the map and legal descriptions, the map shall prevail unless 
the Secretary and Lubbock Christian University otherwise agree. The map 
shall be on file and available for inspection in the Office of the 
Chief of the Forest Service and the Office of the Supervisor of Lincoln 
National Forest.
    (d) Equal Value Exchanges.--The fair market values of the Federal 
land and non-Federal land exchanged under subsection (b) shall be equal 
or, if they are not equal, shall be equalized in the manner provided in 
section 206 of the Federal Land Policy Management Act of 1976 (43 
U.S.C. 1716). The fair market value of the land shall be determined by 
appraisals acceptable to the Secretary and Lubbock Christian 
University. The appraisals shall be performed in conformance with 
subsection (d) of such section and the Uniform Appraisal Standards for 
Federal Land Acquisitions.
    (e) Revocation and Withdrawal.--
            (1) Revocation of orders.--Any public orders withdrawing 
        any of the Federal land from appropriation or disposal under 
        the public land laws are revoked to the extent necessary to 
        permit disposal of the Federal land.
            (2) Withdrawal of federal land.--Subject to valid existing 
        rights, pending the completion of the land exchange, the 
        Federal land is withdrawn from all forms of location, entry and 
        patent under the public land laws, including the mining and 
        mineral leasing laws and the Geothermal Steam Act of 1970 (30 
        U.S.C. 1001 et seq.).
    (f) Administration of Land Acquired by United States.--
            (1) Boundary adjustment.--Upon acceptance of title by the 
        Secretary of the non-Federal land, the acquired land shall 
        become part of the Lincoln National Forest, and the boundaries 
        of the Lincoln National Forest shall be adjusted to include the 
        land. For purposes of section 7 of the Land and Water 
        Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the 
        boundaries of the Lincoln National Forest, as adjusted pursuant 
        to this paragraph, shall be considered to be boundaries of the 
        Lincoln National Forest as of January 1, 1965.
            (2) Management.--The Secretary shall manage the acquired 
        land in accordance with the Act of March 1, 1911 (commonly 
        known as the Weeks Act; 16 U.S.C. 480, 500, 513-519, 521, 552, 
        563), and in accordance with the other laws and regulations 
        applicable to National Forest System lands.
    (g) Relation to Other Laws.--Subchapters II and III of chapter 5 of 
title 40, United States Code, and the Agriculture Property Management 
Regulations shall not apply to any action taken pursuant to this 
section.

            Passed the House of Representatives September 22, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.