[Congressional Record Volume 150, Number 115 (Wednesday, September 22, 2004)]
[House]
[Pages H7395-H7396]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PINE SPRINGS LAND EXCHANGE ACT
Mr. NEUGEBAUER. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 4806) to provide for a land exchange involving Federal lands
in the Lincoln National Forest in the State of New Mexico, and for
other purposes, as amended.
The Clerk read as follows:
H.R. 4806
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 ``Pine Springs Land Exchange
Act''.
SEC. 2. LAND EXCHANGE, LINCOLN NATIONAL FOREST, NEW MEXICO.
(a) Definitions.--In this section:
(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.
(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.
(b) Land Exchange Required.--
(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. To the extent practicable, and subject to paragraph
(2), the Secretary shall complete the land exchange not later
than one year after the date of the enactment of this Act.
(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.
(3) Costs of implementing the exchange.--The costs of
implementing the land exchange shall be shared equally by the
Secretary and Lubbock Christian University.
(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
[[Page H7396]]
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.
(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.
(e) 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.
(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.).
(f) Administration of Land Acquired by United States.--
(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.
(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.
(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. Neugebauer) and the gentlewoman from the Virgin Islands
(Mrs. Christensen) each will control 20 minutes.
The Chair recognizes the gentleman from Texas (Mr. Neugebauer).
General Leave
Mr. NEUGEBAUER. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous material on H.R. 4806.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. NEUGEBAUER. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 4806 would authorize a land exchange involving
Federal land in the Lincoln National Forest in the State of New Mexico.
This legislation would exchange 80 acres between the Lincoln National
Forest and Lubbock Christian University for a much-needed expansion of
the University's Pine Spring Camp. The camp is used in the summer for
week-long camp sessions, and utilized in the winter by college groups,
youth groups, and churches for retreats. In recent years, the camp has
seen an increase in its visitors and will soon run out of room, forcing
the camp to turn visitors away. Both the camp and Lubbock Christian
University are nonprofit.
While the land exchange takes place in the gentleman from New
Mexico's (Mr. Pearce) district, LCU is in my district and approached me
for assistance for this issue. I would like to thank the gentleman from
New Mexico (Mr. Pearce) for his willingness to work with me on this
issue, and I thank him for cosponsorship and support of this bill.
Additionally, I would like to thank and recognize Lubbock Christian
University not only for providing recreation and outdoor opportunities
for students, but also for its notable contributions to the community
of Lubbock and the State of Texas.
I urge support of this important measure.
Mr. Speaker, I reserve the balance of my time.
(Mrs. CHRISTENSEN asked and was given permission to revise and extend
her remarks.)
Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 4806, the Pine Springs Land Exchange takes
approximately 80 acres of forest lands in the Lincoln National Forest
and exchanges that for private land currently owned by Lubbock
Christian University.
Currently, Lubbock Christian University operates a summer camp in New
Mexico on private land adjacent to Lincoln National Forest. Their
summer camp program has reached its capacity and the university desires
to expand onto adjacent Forest Service lands.
In exchange for approximately 80 acres of lands adjacent to their
existing camp, Lubbock Christian University will provide the Forest
Service with approximately 80 acres of privately owned lands surrounded
by Federal forests.
Our committee has worked hard to refine language that will make this
exchange fair to the U.S. taxpayer. The bill we are considering today
requires that the exchange be of equal value. If the land appraisals
determine that the parcels are not of equal value, the bill provides
for the equalization of values through cash payments.
We appreciate that land exchanges can often be controversial.
However, we have tried very hard to ensure that this package
consolidates Federal ownership in some parts of the forests while
enabling Lubbock Christian University to expand its summer camp.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
Mr. NEUGEBAUER. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Texas (Mr. Neugebauer) that the House suspend the rules
and pass the bill, H.R. 4806, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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