Congressional Record, Volume 143 Issue 152 (Tuesday, November 4, 1997)

[Congressional Record Volume 143, Number 152 (Tuesday, November 4, 1997)]
[House]
[Pages H9923-H9925]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

CARSON AND SANTA FE NATIONAL FORESTS LAND CONVEYANCES

Mrs. CHENOWETH. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 434) to provide for the conveyance of small parcels of land
in the Carson National Forest and the Santa Fe National Forest, NM to
the village of El Rito and the town of Jemez Springs, NM as amended.
The Clerk read as follows:

H.R. 434

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

SECTION 1. LAND CONVEYANCE, CARSON NATIONAL FOREST, NEW
MEXICO.

(a) Conveyance Required.--The Secretary of Agriculture
shall convey through sale or exchange to the County of Rio
Arriba for the benefit of the village of El Rito, New Mexico
(in this section referred to as ``El Rito''), all right,
title, and interest of the United States in and to a parcel
of real property, together with any improvements thereon,
consisting of approximately 5 acres located in the Carson
National Forest in the State of New Mexico.
(b) Description of Property.--The exact acreage and legal
description of the real property conveyed under subsection
(a) shall be determined by a survey satisfactory to the
Secretary. The cost of the survey shall be borne by the
Forest Service.
(c) Lands Acquired in Exchange From Rio Arriba County.--
Except as provided in this Act, any exchange of lands under
subsection (a) shall be processed in accordance with the
rules of the Secretary of Agriculture setting forth the
procedures for conducting exchanges of National Forest System
lands (36 CFR part 254). Any lands to be conveyed to the
United States in such an exchange shall be acceptable to the
Secretary and shall be subject to such valid existing rights
or record as may be acceptable to the Secretary. Title to
such land shall conform with the title approval standards
applicable to Federal land acquisitions.
(d) Valuation and Appraisals.--Values of any lands
exchanged pursuant to subsection (a) shall be equal as
determined by the Secretary. If, due to size, location, or
use of lands exchanged under subsection (a), the values are
not exactly equal, they shall be equalized by the payment of
cash. The Secretary may accept cash equalization payments in
excess of 25 per centum of the total value of the Federal
lands exchanged. Value of any lands sold to the County of Rio
Arriba shall be on the basis of fair market value as
determined by the Secretary.
(e) Disposition of Funds.--Payments from a sale under
subsection (a) or cash equalization payments may be made in
equal installments for a period not to exceed 10 years. Any
funds received by the Secretary through the sale or by cash
equalization shall be deposited into the fund established by
the Act of December 4, 1967 (16 U.S.C. 484a), known as the
Sisk Act, and shall be

[[Page H9924]]

available for expenditure, upon appropriation, for the
acquisition of lands and interests in lands in the State of
New Mexico.
(f) Status of Lands.--Upon approval and acceptance of title
by the Secretary, any lands acquired by the United States
pursuant to subsection (a) shall become part of the Carson
National Forest and the boundaries of the National Forest
shall be adjusted to encompass such lands. Such lands
shall be managed in accordance with the Act of March 1,
1911 (commonly known as the ``Weeks Law'') (36 Stat. 961),
and shall be administered by the Secretary of Agriculture
in accordance with the laws and regulations pertaining to
the National Forest System. This section shall not limit
the Secretary's authority to adjust the boundaries of the
Carson National Forest pursuant to section 11 of the Act
of March 1, 1911 (``Weeks Act''). For the purpose of
section 7 of the Land and Water Conservation Fund Act of
1965 (16 U.S.C. 4601-9), the boundaries of the Carson
National Forest, as adjusted by this Act, shall be
considered to be boundaries of the Forest as of January 1,
1965.

SEC. 2. LAND CONVEYANCE, SANTA FE NATIONAL FOREST, NEW
MEXICO.

(a) Conveyance Required.--The Secretary of Agriculture
shall convey, through exchange, to the town of Jemez Springs,
New Mexico (in this section referred to as ``Jemez
Springs''), all right, title, and interest of the United
States in and to a parcel of real property, together with any
improvements thereon, consisting of approximately 1 acre
located in the Saint Fe National Forest in the State of New
Mexico.
(b) Description of Property.--The exact acreage and legal
description of the real property conveyed under subsection
(a) shall be determined by a survey satisfactory to the
Secretary. The cost of the survey shall be borne by the
Forest Service.
(c) Lands Acquired in Exchange From the Town of Jemez
Springs.--Except as provided in this Act, any exchange of
lands under subsection (a) shall be processed in accordance
with the rules of the Secretary of Agriculture setting forth
the procedures for conducting exchanges of National Forest
System lands (36 CFR part 254). Any lands conveyed to the
United States in such an exchange shall be acceptable to the
Secretary and shall be subject to such valid existing rights
or record as may be acceptable to the Secretary. Title to
such land shall conform with the title approval standards
applicable to Federal land acquisitions.
(d) Valuation and Appraisals.--Values of any lands to be
exchanged pursuant to subsection (a) shall be equal as
determined by the Secretary. If, due to size, location, or
use of lands exchanged under section 1(a), the values are not
exactly equal, they shall be equalized by the payment of
cash. The Secretary may accept cash equalization payments in
excess of 25 per centum of the total value of the involved
Federal lands exchanged.
(e) Disposition of Funds.--Payments for any cash
equalization for the exchange under subsection (a) may be
made in equal installments for a period of not to exceed 10
years. Any funds received by the Secretary through the cash
equalization shall be deposited into the fund established by
the Act of December 4, 1967 (16 U.S.C. 484a), known as the
Sisk Act, and shall be available for expenditure, upon
appropriation, for the acquisition of lands and interests in
lands in the State of New Mexico.
(f) Status of Lands.--Upon approval and acceptance of title
by the Secretary, any lands acquired by the United States
pursuant to subsection (a) shall become part of the Santa Fe
National Forest and the boundaries of the National Forest
shall be adjusted to encompass such lands. Such lands shall
be managed in accordance with the Act of March 1, 1911
(commonly known as the ``Weeks Law'') (36 Stat. 961), and
shall be administered by the Secretary of Agriculture in
accordance with the laws and regulations pertaining to the
National Forest System. This section does not limit the
Secretary's authority to adjust the boundaries of the Carson
National Forest pursuant to section 11 of the Act of March 1,
1911 (``Weeks Act''). For the purposes of section 7 of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-
9), the boundaries of the Santa Fe National Forest, as
adjusted by this Act, shall be considered to be boundaries of
the Forest as of January 1, 1965.

The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Idaho [Mrs. Chenoweth] and the gentleman from America Samoa [Mr.
Faleomavaega] each will control 20 minutes.
The Chair recognizes the gentlewoman from Idaho [Mrs. Chenoweth].
(Mrs. CHENOWETH asked and was given permission to revise and extend
her remarks.)
Mrs. CHENOWETH. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 434, introduced by former Congressman Bill
Richardson, the current Ambassador to the United Nations, would provide
a land conveyance for the village of El Rito and Jemez Springs in New
Mexico. Both of these towns have important needs that deserve the
attention of the committee.
I support the desire of the gentleman from New Mexico [Mr. Redmond]
to see that El Rito receive land for a public cemetery and Jemez
Springs to obtain one acre of land within the town in order to
construct a much needed fire substation.
It is my understanding that in 1993 the Jemez National Recreation
Area was carved out of the Santa Fe National Forest and this
transformed Jemez Springs from an obscure little village located in the
Santa Fe National Forest to a little community housing over 1 million
visitors annually. Without much imagination, we can see how this would
cause significant problems for any community.
The gentleman from New Mexico [Mr. Redmond] has continued the fine
labors of Mr. Richardson, who worked extensively with the Forest
Service and local communities to fashion this solution. I commend the
gentleman from New Mexico [Mr. Redmond] and urge passage of this bill.
Mr. Speaker, I reserve the balance of my time.

{time} 1600

Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may
consume.
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend
his remarks.)
Mr. FALEOMAVAEGA. Mr. Speaker, this bill was introduced by our former
colleague, Congressman Bill Richardson, prior to his nomination as
Ambassador to the United Nations. Serving on the Committee on Resources
was no doubt good preparation for the many conflicts that he must now
deal with around the world.
Mr. Speaker, at the hearing held on this bill in September of this
year, the Forest Service expressed concerns about the conveyance
without consideration of lands within the Carson National Forest and
the Santa Fe National Forest in New Mexico. I am pleased to note that
as amended by the committee, the bill provides that the Forest Service
will receive fair market value in exchange for the properties which
comprise a total of 6 acres. It is my understanding that the Forest
Service now supports the bill as amended. I know of no objection on
this side of the aisle. I urge my colleagues to support this measure.
Mr. REDMOND. Mr. Speaker, for bringing H.R. 434 to the floor today
and thank you Mrs. Chenoweth for offering the motion to suspend the
rules and pass the bill. This bill was introduced on January 9, 1997,
by my predecessor in the Third District of New Mexico, the Honorable
Bill Richardson, current Ambassador to the United Nations.
When I was elected to Congress, I promised my constituents that I
would do my best to move this legislation, as well as other bills that
Mr. Richardson introduced on their behalf. I appreciate you working
with me to accomplish this goal.
If passed, this bill would provide two simple land conveyances from
the Santa Fe National Forest and the Carson National Forest to the
cities of Jemez Springs and El Rito, respectively. These conveyances
will amount to a total of six acres of land.
Jemez Springs will use their one-acre land conveyance to build a fire
substation to accommodate the rapidly growing tourist population that
is the result of a national recreation area created near their
community. The city of El Rito will use its five-acre conveyance to
expand a cemetery.
These two communities, along with the Forest Service and Mr.
Richardson worked extensively to craft a piece of legislation that
would provide El Rito and Jemez Springs with the land that they need to
continue to provide adequate, efficient community service.
Several weeks ago, on behalf of the city of Jemez Springs, Mayor
David Sanchez testified before the Forests and Forest Health
Subcommittee. I want to thank him for taking the time and effort he
took to appear before the committee.
Mr. FALEOMAVAEGA. Mr. Speaker, I have no additional requests for
time, and I yield back the balance of my time.
Mrs. CHENOWETH. Mr. Speaker, I appreciate the fine comments from the
gentleman from American Samoa [Mr. Faleomavaega].
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Kingston). The question is on the motion
offered by the gentlewoman from Idaho [Mrs. Chenoweth] that the House
suspend the rules and pass the bill, H.R. 434, as amended.
The question was taken.

[[Page H9925]]

Mr. FALEOMAVAEGA. Mr. Speaker, I object to the vote on the ground
that a quorum is not present and make the point of order that a quorum
is not present.
The SPEAKER pro tempore. Pursuant to clause 5, rule I, and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.

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