[Congressional Record Volume 150, Number 93 (Thursday, July 8, 2004)]
[Senate]
[Pages S7835-S7836]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself and Mr. Domenici):
  S. 2622. 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; to the 
Committee on Energy and Natural Resources.
  Mr. BINGAMAN. Mr. President, today, I am introducing along with 
Senator Domenici the ``Pecos National Historical Park Land Exchange Act 
of 2004''. This bill will authorize a land exchange between the Federal 
Government and a private landowner that will benefit the Pecos National 
Historical Park in my State of New Mexico.
  Specifically, the bill will enable the Park Service to acquire a 
private inholding within the Park's boundaries in exchange for the 
transfer of a nearby tract of National Forest System land. The National 
Forest parcel has been identified as available for exchange in the 
Santa Fe National Forest Land and Resource Management Plan and is 
surrounded by private lands on three sides.
  The Pecos National Historical Park possesses exceptional historic and 
archaeological resources. Its strategic location between the Great 
Plains and the Rio Grande Valley has made it the focus of the region's 
10,000 years of human history. The Park preserves the ruins of the 
great Pecos pueblo, which was a major trade center, and the ruins of 
two Spanish colonial missions dating from the 17th and 18th centuries.
  The Glorieta Unit of the Park protects key sites associated with the 
1862 Civil War Battle of Glorieta Pass, a significant event that ended 
the Confederate attempt to expand the war into the West. This Unit will 
directly benefit from the land exchange.
  I ask unanimous consent that the full text of the bill I have 
introduced today be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2622

       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 ``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 Secretary of the Interior 
     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

[[Page S7836]]

       (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--
       (1) 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 
     between 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; or
       (B) the date on which the Secretary of the Interior 
     approves the appraisals under subsection (c)(2)(C).
       (2) Notice.--The Secretaries shall submit to Committee on 
     Energy and Natural Resources of 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 United States and the Committee on Resources 
     of the United States 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).

  Mr. DOMENICI. Mr. President, today, Senator Bingaman and I are 
introducing the ``Pecos National Historical Park Land Exchange Act of 
2004''. This bill will authorize a land exchange between the Federal 
Government and a private landowner that will benefit the Pecos National 
Historical Park in my State of New Mexico.
  I am pleased to be working on this legislation again with Senator 
Bingaman. This bill is nearly identical to a bill that we worked on and 
marked up in the Energy and Natural Resources Committee in the 106th 
Session of Congress.
  The bill will enable the Park Service to acquire a private inholding 
within the Pecos National Historic Park's boundaries in exchange for 
the transfer of a nearby tract of National Forest System land. The 
National Forest parcel has been identified as surplus and available for 
exchange in the Santa Fe National Forest Land and Resource Management 
Plan and is surrounded by private lands on three sides.
  The Pecos National Historical Park is located between the Great 
Plains and the Rio Grande Valley and that has made it the focus of the 
region's 10,000 years of human history. The park preserves the ruins of 
the great Pecos pueblo--a major trade center--and the ruins of two 
Spanish colonial missions dating from the 17th and 18th centuries.
  The Glorieta Unit of the Park, where this exchange is located, 
protects key sites associated with the 1862 Civil War Battle of 
Glorieta Pass, a significant event that ended the Confederate attempt 
to expand the war into the west. This unit will directly benefit from 
the land exchange.
                                 ______