[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2622 Reported in Senate (RS)]






                                                       Calendar No. 732
108th CONGRESS
  2d Session
                                S. 2622

                          [Report No. 108-373]

  To provide for the exchange of certain Federal land in the Santa Fe 
  National Forest and certain non-Federal land in the Pecos National 
              Historical Park in the State of New Mexico.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 8, 2004

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

                           September 28, 2004

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

_______________________________________________________________________

                                 A BILL


 
  To provide for the exchange of certain Federal land in the Santa Fe 
  National Forest and certain non-Federal land in the Pecos National 
              Historical Park in the State of 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 2004''.</DELETED>

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

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Federal land.--The term ``Federal land'' means 
        the approximately 160 acres of Federal land within the Santa Fe 
        National Forest in the State, as depicted on the map.</DELETED>
        <DELETED>    (2) Landowner.--The term ``landowner'' means the 1 
        or more owners of the non-Federal land.</DELETED>
        <DELETED>    (3) Map.--The term ``map'' means the map entitled 
        ``Proposed Land Exchange for Pecos National Historical Park'', 
        numbered 430/80,054, dated November 19, 1999, and revised 
        September 18, 2000.</DELETED>
        <DELETED>    (4) Non-federal land.--The term ``non-Federal 
        land'' means the approximately 154 acres of non-Federal land in 
        the Park, as depicted on the map.</DELETED>
        <DELETED>    (5) Park.--The term ``Park'' means the Pecos 
        National Historical Park in the State.</DELETED>
        <DELETED>    (6) Secretaries.--The term ``Secretaries'' means 
        the Secretary of the Interior and the Secretary of Agriculture, 
        acting jointly.</DELETED>
        <DELETED>    (7) State.--The term ``State'' means the State of 
        New Mexico.</DELETED>

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

<DELETED>    (a) In General.--On conveyance by the landowner to the 
Secretary of the Interior of the non-Federal land, title to which is 
acceptable to the Secretary of the Interior.</DELETED>
        <DELETED>    (1) the Secretary of Agriculture shall, subject to 
        the conditions of this Act, convey to the landowner the Federal 
        land; and</DELETED>
        <DELETED>    (2) the Secretary of the Interior shall, subject 
        to the conditions of this Act, grant to the landowner the 
        easement described in subsection (b).</DELETED>
<DELETED>    (b) Easement.--</DELETED>
        <DELETED>    (1) In general.--The easement referred to in 
        subsection (a)(2) is an easement (including an easement for 
        service access) for water pipelines to 2 well sites located in 
        the Park, as generally depicted on the map.</DELETED>
        <DELETED>    (2) Route.--The Secretary of the Interior, in 
        consultation with the landowner, shall determine the 
        appropriate route of the easement through the Park.</DELETED>
        <DELETED>    (3) Terms and conditions.--The easement shall 
        include such terms and conditions relating to the use of, and 
        access to, the well sites and pipeline, as the Secretary of the 
        Interior, in consultation with the landowner, determines to be 
        appropriate.</DELETED>
        <DELETED>    (4) Applicable law.--The easement shall be 
        established, operated, and maintained in compliance with 
        applicable Federal law.</DELETED>
<DELETED>    (c) Valuation, Appraisals, and Equalization.--</DELETED>
        <DELETED>    (1) In general.--The value of the Federal land and 
        non-Federal land--</DELETED>
                <DELETED>    (A) shall be equal, as determined by 
                appraisals conducted in accordance with paragraph (2); 
                or</DELETED>
                <DELETED>    (B) if the value is not equal, shall be 
                equalized in accordance with paragraph (3).</DELETED>
        <DELETED>    (2) Appraisals.--</DELETED>
                <DELETED>    (A) In general.--The Federal land and non-
                Federal land shall be appraised by an independent 
                appraiser selected by the Secretaries.</DELETED>
                <DELETED>    (B) Requirements.--An appraisal conducted 
                under subparagraph (A) shall be conducted in accordance 
                with--</DELETED>
                        <DELETED>    (i) the Uniform Appraisal 
                        Standards for Federal Land Acquisition; 
                        and</DELETED>
                        <DELETED>    (ii) the Uniform Standards of 
                        Professional Appraisal Practice.</DELETED>
                <DELETED>    (C) Approval.--The appraisals conducted 
                under this paragraph shall be submitted to the 
                Secretary of the Interior for approval.</DELETED>
        <DELETED>    (3) Equalization of values.--</DELETED>
                <DELETED>    (A) In general.--If the values of the non-
                Federal land and the Federal land are not equal, the 
                values may be equalized by--</DELETED>
                        <DELETED>    (i) the Secretary of the Interior 
                        making a cash equalization payment to the 
                        landowner;</DELETED>
                        <DELETED>    (ii) the landowner making a cash 
                        equalization payment to the Secretary of 
                        Agriculture; or</DELETED>
                        <DELETED>    (iii) reducing the acreage of the 
                        non-Federal land or the Federal land, as 
                        appropriate.</DELETED>
                <DELETED>    (B) Cash equalization payments.--Any 
                amounts received by the Secretary of Agriculture as a 
                cash equalization payment under section 206(b) of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1716(b)) shall--</DELETED>
                        <DELETED>    (i) be deposited in the fund 
                        established by Public Law 90-171 (commonly 
                        known as the ``Sisk Act'') (16 U.S.C. 484a); 
                        and</DELETED>
                        <DELETED>    (ii) be available for expenditure, 
                        without further appropriation, for the 
                        acquisition of land and interests in land in 
                        the State.</DELETED>
<DELETED>    (d) Costs.--Before the completion of the exchange under 
this section, the Secretaries and the landowner shall enter into an 
agreement that allocates the costs of the exchange between the 
Secretaries and the landowner.</DELETED>
<DELETED>    (e) Applicable Law.--Except as otherwise provided in this 
Act, the exchange of land and interests in land under this Act shall be 
in accordance with--</DELETED>
        <DELETED>    (1) section 206 of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1716); and</DELETED>
        <DELETED>    (2) other applicable laws, including the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.).</DELETED>
<DELETED>    (f) Additional Terms and Conditions.--The Secretaries may 
require, in addition to any requirements under this Act, such terms and 
conditions relating to the exchange of Federal land and non-Federal 
land and the granting of easements under this Act as the Secretaries 
determine to be appropriate to protect the interests of the United 
States.</DELETED>
<DELETED>    (g) Completion of the Exchange.--</DELETED>
        <DELETED>    (1) In general.--The exchange of Federal land and 
        non-Federal land shall be completed not later than 180 days 
        after the later of--</DELETED>
                <DELETED>    (A) the date on which the requirements of 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) have been met; or</DELETED>
                <DELETED>    (B) the date on which the Secretary of the 
                Interior approves the appraisals under subsection 
                (c)(2)(C).</DELETED>
        <DELETED>    (2) Notice.--The Secretaries shall submit to 
        Committee on Energy and Natural Resources of the Senate and the 
        Committee on Resources of the House of Representatives notice 
        of the completion of the exchange of Federal land and non-
        Federal land under this Act.</DELETED>

<DELETED>SEC. 4. ADMINISTRATION.</DELETED>

<DELETED>    (a) In General.--The Secretary of the Interior shall 
administer the non-Federal land acquired under this Act in accordance 
with the laws generally applicable to units of the National Park 
System, including the Act of August 25, 1916 (commonly known as the 
``National Park Service Organic Act'') (16 U.S.C. 1 et seq.).</DELETED>
<DELETED>    (b) Maps.--</DELETED>
        <DELETED>    (1) In general.--The map shall be on file and 
        available for public inspection in the appropriate offices of 
        the Secretaries.</DELETED>
        <DELETED>    (2) Transmittal of revised map to congress.--Not 
        later than 180 days after completion of the exchange, the 
        Secretaries shall transmit to the Committee on Energy and 
        Natural Resources of the United States and the Committee on 
        Resources of the United States House of Representatives a 
        revised map that depicts--</DELETED>
                <DELETED>    (A) the Federal land and non-Federal land 
                exchanged under this Act; and</DELETED>
                <DELETED>    (B) the easement described in section 
                3(b).</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pecos National Historical Park Land 
Exchange Act of 2004''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Federal land.--The term ``Federal land'' means the 
        approximately 160 acres of Federal land within the Santa Fe 
        National Forest in the State, as depicted on the map.
            (2) Landowner.--The term ``landowner'' means the 1 or more 
        owners of the non-Federal land.
            (3) Map.--The term ``map'' means the map entitled 
        ``Proposed Land Exchange for Pecos National Historical Park'', 
        numbered 430/80,054, dated November 19, 1999, and revised 
        September 18, 2000.
            (4) Non-federal land.--The term ``non-Federal land'' means 
        the approximately 154 acres of non-Federal land in the Park, as 
        depicted on the map.
            (5) Park.--The term ``Park'' means the Pecos National 
        Historical Park in the State.
            (6) Secretaries.--The term ``Secretaries'' means the 
        Secretary of the Interior and the Secretary of Agriculture, 
        acting jointly.
            (7) State.--The term ``State'' means the State of New 
        Mexico.

SEC. 3. LAND EXCHANGE.

    (a) In General.--On conveyance by the landowner to the Secretary of 
the Interior of the non-Federal land, title to which is acceptable to 
the Secretary of the Interior--
            (1) the Secretary of Agriculture shall, subject to the 
        conditions of this Act, convey to the landowner the Federal 
        land; and
            (2) the Secretary of the Interior shall, subject to the 
        conditions of this Act, grant to the landowner the easement 
        described in subsection (b).
    (b) Easement.--
            (1) In general.--The easement referred to in subsection 
        (a)(2) is an easement (including an easement for service 
        access) for water pipelines to 2 well sites located in the 
        Park, as generally depicted on the map.
            (2) Route.--The Secretary of the Interior, in consultation 
        with the landowner, shall determine the appropriate route of 
        the easement through the Park.
            (3) Terms and conditions.--The easement shall include such 
        terms and conditions relating to the use of, and access to, the 
        well sites and pipeline, as the Secretary of the Interior, in 
        consultation with the landowner, determines to be appropriate.
            (4) Applicable law.--The easement shall be established, 
        operated, and maintained in compliance with applicable Federal 
        law.
    (c) Valuation, Appraisals, and Equalization.--
            (1) In general.--The value of the Federal land and non-
        Federal land--
                    (A) shall be equal, as determined by appraisals 
                conducted in accordance with paragraph (2); or
                    (B) if the value is not equal, shall be equalized 
                in accordance with paragraph (3).
            (2) Appraisals.--
                    (A) In general.--The Federal land and non-Federal 
                land shall be appraised by an independent appraiser 
                selected by the Secretaries.
                    (B) Requirements.--An appraisal conducted under 
                subparagraph (A) shall be conducted in accordance 
                with--
                            (i) the Uniform Appraisal Standards for 
                        Federal Land Acquisition; and
                            (ii) the Uniform Standards of Professional 
                        Appraisal Practice.
                    (C) Approval.--The appraisals conducted under this 
                paragraph shall be submitted to the Secretaries for 
                approval.
            (3) Equalization of values.--
                    (A) In general.--If the values of the non-Federal 
                land and the Federal land are not equal, the values may 
                be equalized by--
                            (i) the Secretary of the Interior making a 
                        cash equalization payment to the landowner;
                            (ii) the landowner making a cash 
                        equalization payment to the Secretary of 
                        Agriculture; or
                            (iii) reducing the acreage of the non-
                        Federal land or the Federal land, as 
                        appropriate.
                    (B) Cash equalization payments.--Any amounts 
                received by the Secretary of Agriculture as a cash 
                equalization payment under section 206(b) of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1716(b)) shall--
                            (i) be deposited in the fund established by 
                        Public Law 90-171 (commonly known as the ``Sisk 
                        Act'') (16 U.S.C. 484a); and
                            (ii) be available for expenditure, without 
                        further appropriation, for the acquisition of 
                        land and interests in land in the State.
    (d) Costs.--Before the completion of the exchange under this 
section, the Secretaries and the landowner shall enter into an 
agreement that allocates the costs of the exchange among the 
Secretaries and the landowner.
    (e) Applicable Law.--Except as otherwise provided in this Act, the 
exchange of land and interests in land under this Act shall be in 
accordance with--
            (1) section 206 of the Federal Land Policy and Management 
        Act of 1976 (43 U.S.C. 1716); and
            (2) other applicable laws, including the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    (f) Additional Terms and Conditions.--The Secretaries may require, 
in addition to any requirements under this Act, such terms and 
conditions relating to the exchange of Federal land and non-Federal 
land and the granting of easements under this Act as the Secretaries 
determine to be appropriate to protect the interests of the United 
States.
    (g) Completion of the Exchange.--
            (1) In general.--The exchange of Federal land and non-
        Federal land shall be completed not later than 180 days after 
        the later of--
                    (A) the date on which the requirements of the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) have been met;
                    (B) the date on which the Secretary of the Interior 
                approves the appraisals under subsection (c)(2)(C); or
                    (C) the date on which the Secretaries and the 
                landowner agree on the costs of the exchange and any 
                other terms and conditions of the exchange under this 
                section.
            (2) Notice.--The Secretaries shall submit to the Committee 
        on Energy and Natural Resources of the Senate and the Committee 
        on Resources of the House of Representatives notice of the 
        completion of the exchange of Federal land and non-Federal land 
        under this Act.

SEC. 4. ADMINISTRATION.

    (a) In General.--The Secretary of the Interior shall administer the 
non-Federal land acquired under this Act in accordance with the laws 
generally applicable to units of the National Park System, including 
the Act of August 25, 1916 (commonly known as the ``National Park 
Service Organic Act'') (16 U.S.C. 1 et seq.).
    (b) Maps.--
            (1) In general.--The map shall be on file and available for 
        public inspection in the appropriate offices of the 
        Secretaries.
            (2) Transmittal of revised map to congress.--Not later than 
        180 days after completion of the exchange, the Secretaries 
        shall transmit to the Committee on Energy and Natural Resources 
        of the Senate and the Committee on Resources of the House of 
        Representatives a revised map that depicts--
                    (A) the Federal land and non-Federal land exchanged 
                under this Act; and
                    (B) the easement described in section 3(b).




                                                       Calendar No. 732

108th CONGRESS

  2d Session

                                S. 2622

                          [Report No. 108-373]

_______________________________________________________________________

                                 A BILL

  To provide for the exchange of certain Federal land in the Santa Fe 
  National Forest and certain non-Federal land in the Pecos National 
              Historical Park in the State of New Mexico.

_______________________________________________________________________

                           September 28, 2004

                       Reported with an amendment