1.This Act may be cited as the
Pecos National Historical Park Land
Exchange Act of 2005
.
2.In this Act:
(1)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)The
term landowner means the 1 or more owners of the non-Federal
land.
(3)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)The term non-Federal land means the
approximately 154 acres of non-Federal land in the Park, as depicted on the
map.
(5)The
term Park means the Pecos National Historical Park in the
State.
(6)The
term Secretaries means the Secretary of the Interior and the
Secretary of Agriculture, acting jointly.
(7)The
term State means the State of New Mexico.
3.
(a)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)
(1)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)The
Secretary of the Interior, in consultation with the landowner, shall determine
the appropriate route of the easement through the Park.
(3)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)The easement shall be established, operated, and maintained
in compliance with applicable Federal law.
(c)Valuation,
appraisals, and equalization
(1)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)
(A)The Federal land and non-Federal land shall be appraised
by an independent appraiser selected by the Secretaries.
(B)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)The
appraisals conducted under this paragraph shall be submitted to the Secretaries
for approval.
(3)
(A)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 paymentsAny 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)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)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 conditionsThe 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)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)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.
4.
(a)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)
(1)The map shall be on file and available for public
inspection in the appropriate offices of the Secretaries.
(2)Transmittal of
revised map to congressNot 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).
February 23, 2005
Reported without amendment