[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 482 Reported in Senate (RS)]







                                                       Calendar No. 555
109th CONGRESS
  2d Session
                                H. R. 482

                          [Report No. 109-312]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 13, 2005

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

                             July 31, 2006

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

_______________________________________________________________________

                                 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,

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

<DELETED>    This Act may be cited as the ``Pine Springs Land Exchange 
Act''.</DELETED>

<DELETED>SEC. 2. LAND EXCHANGE, LINCOLN NATIONAL FOREST, NEW 
              MEXICO.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Land Exchange Required.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Costs of implementing the exchange.--The costs 
        of implementing the land exchange shall be shared equally by 
        the Secretary and Lubbock Christian University.</DELETED>
        <DELETED>    (4) Completion.--Subject to paragraph (2), the 
        Secretary shall complete, to the extent practicable, the land 
        exchange not later than 180 days after the date of the 
        enactment of this Act.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Revocation and Withdrawal.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.).</DELETED>
<DELETED>    (f) Administration of Land Acquired by United States.--
</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

SECTION 1. SHORT TITLE.

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

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Federal land.--The term ``Federal land'' means the 3 
        parcels of Forest land (including any improvements on the 
        land), comprising approximately 80 acres, as depicted on the 
        map.
            (2) Forest.--The term ``Forest'' means the Lincoln National 
        Forest in the State of New Mexico.
            (3) Map.--The term ``map'' means the map entitled ``Pine 
        Springs Land Exchange'' and dated May 25, 2004.
            (4) Non-federal land.--The term ``non-Federal land'' means 
        the parcel of University land comprising approximately 80 
        acres, as depicted on the map.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (6) University.--The term ``University'' means Lubbock 
        Christian University in the State of New Mexico.

SEC. 3. LAND EXCHANGE.

    (a) In General.--In exchange for the conveyance to the Secretary of 
the non-Federal land by the University, the Secretary shall convey to 
the University, by quitclaim deed, all right, title, and interest of 
the United States in and to the Federal land.
    (b) Map.--
            (1) Availability of map.--The map shall be on file and 
        available for inspection in--
                    (A) the Office of the Chief of the Forest Service; 
                and
                    (B) the Office of the Supervisor of Lincoln 
                National Forest.
            (2) Minor errors.--The Secretary and the University may 
        correct any minor errors in the map.

SEC. 4. EXCHANGE TERMS AND CONDITIONS.

    (a) In General.--The conveyance of Federal land under section 3(a) 
shall be subject to--
            (1) any valid existing rights; and
            (2) any additional terms and conditions that the Secretary 
        determines to be appropriate to protect the interests of the 
        United States.
    (b) Acceptable Title.--Title to the non-Federal land shall--
            (1) conform with the title approval standards of the 
        Attorney General applicable to Federal land acquisitions; and
            (2) otherwise be acceptable to the Secretary.
    (c) Compliance With Federal Land Policy and Management Act.--The 
land exchange authorized under section 3(a) shall be carried out in 
accordance with section 206 of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1716).
    (d) Costs.--The costs of carrying out the exchange of Federal land 
and non-Federal land shall be shared equally by the Secretary and the 
University.

SEC. 5. MISCELLANEOUS PROVISIONS.

    (a) 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 in accordance with this 
        Act.
            (2) Withdrawal of federal land.--Subject to valid existing 
        rights, pending the completion of the land exchange under 
        section 3(a), the Federal land is withdrawn from all forms of 
        location, entry, and patent under the public land laws, 
        including--
                    (A) the mining and mineral leasing laws; and
                    (B) the Geothermal Steam Act of 1970 (30 U.S.C. 
                1001 et seq.).
    (b) Administration of Land Acquired by the United States.--
            (1) Boundary adjustment.--On acceptance of title by the 
        Secretary to the non-Federal land--
                    (A) the non-Federal land shall become part of the 
                Forest; and
                    (B) the boundaries of the Forest shall be adjusted 
                to include the acquired land.
            (2) Land and water conservation fund.--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 Forest, as modified 
        under paragraph (1), shall be considered to be boundaries of 
        the Forest as of January 1, 1965.
            (3) Management.--The Secretary shall manage the non-Federal 
        land acquired under section 3(a) in accordance with--
                    (A) the Act of March 1, 1911 (commonly known as the 
                ``Weeks Law'') (16 U.S.C. 480 et seq.); and
                    (B) any other laws (including regulations) 
                applicable to National Forest System land.
    (c) Duties of Secretary.--In exercising any discretion necessary to 
carry out this Act, the Secretary shall ensure that the public interest 
is well served.
                                                       Calendar No. 555

109th CONGRESS

  2d Session

                               H. R. 482

                          [Report No. 109-312]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             July 31, 2006

                       Reported with an amendment