[Congressional Record Volume 150, Number 129 (Sunday, October 10, 2004)]
[Senate]
[Pages S11175-S11176]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        PECOS NATIONAL HISTORICAL PARK LAND EXCHANGE ACT OF 2004

  The Senate proceeded to consider the bill (S. 2622) 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, which had been reported from the Committee on 
Energy and Natural Resources, with an amendment to strike all after the 
enacting clause and insert in lieu thereof the following:
  (Strike the part shown in black brackets and insert the part shown in 
italic.)

                                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
       [(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--
       [(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) 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 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.

     [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

[[Page S11176]]

     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).]

     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 Secretaries 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
       (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--
       (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) 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 
     among 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;
       (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) Notice.--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.

     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 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).
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 2622) as amended, was read the third time and passed.

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