[Congressional Record Volume 151, Number 42 (Tuesday, April 12, 2005)]
[House]
[Pages H1861-H1862]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     PINE SPRINGS LAND EXCHANGE ACT

  Mr. DUNCAN. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 482) to provide for a land exchange involving Federal lands 
in the Lincoln National Forest in the State of New Mexico, and for 
other purposes.
  The Clerk read as follows:

                                H.R. 482

       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.
       (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.
       (4) Completion.--Subject to paragraph (2), the Secretary 
     shall complete, to the extent practicable, the land exchange 
     not later than 180 days after the date of the enactment of 
     this Act.
       (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 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 
Tennessee (Mr. Duncan) and the gentlewoman from California (Mrs. 
Napolitano) each will control 20 minutes.
  The Chair recognizes the gentleman from Tennessee (Mr. Duncan).


                             General Leave

  Mr. DUNCAN. Madam 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 the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Tennessee?
  There was no objection.
  Mr. DUNCAN. Madam Speaker, I yield myself such time as I may consume.
  H.R. 482 would authorize a land exchange involving Federal lands 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 Springs 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 visitors and will 
soon run out of room, forcing the camp to turn visitors away. Both the 
camp and Lubbock Christian University are nonprofit. I urge all of my 
colleagues to support this important measure.

[[Page H1862]]

  Madam Speaker, I reserve the balance of my time.
  Mrs. NAPOLITANO. Madam Speaker, I yield myself such time as I may 
consume.
  (Mrs. NAPOLITANO asked and was given permission to revise and extend 
her remarks.)
  Mrs. NAPOLITANO. Madam Speaker, the Lincoln National Forest land 
exchanges takes approximately 80 acres of forest land in the Lincoln 
National Forest and exchanges that for private land currently owned by 
Lubbock Christian University. I would hope that this is in perpetuity 
rather than to be put up for sale at some time in the future. This has 
been a very grave area for me.
  Our committee worked hard in the 108th Congress to refine the 
language that would make this exchange fair to the American taxpayer. 
The bill we are considering today requires that the exchange be of 
equal value. If the land appraisers determine the parcels are not of 
equal value, the bill provides for equalization of values through cash 
payment.
  We are aware that land exchanges can often be controversial and 
contrary to the public interest. However, in this case we have worked 
to ensure a fair deal which both improves the National Forest by 
consolidating land ownership and enables Lubbock Christian University 
to extend its summer camp.
  Madam Speaker, I reserve the balance of my time.
  Mr. DUNCAN. Madam Speaker, I yield such time as he may consume to the 
gentleman from Texas (Mr. Neugebauer), the author of this legislation.
  Mr. NEUGEBAUER. Madam Speaker, H.R. 482 provides for a small land 
exchange between Lincoln National Forest in New Mexico and Lubbock 
Christian University in my district. This land exchange is a fair 
exchange and provides benefits for both parties.
  One of the good things about this exchange is that we are exchanging 
80 acres of pristine land that LCU currently controls that has National 
Forest all of the way around it, giving that 80 acres back so we do not 
have a doughnut in the middle of a National Forest, in consideration 
for 80 acres adjacent to a camp that is already up and going and has 
many facilities already on it and is serving many young people in the 
summertime. And in the fall and the winter, adult groups are able to 
utilize this facility.
  I thank the gentleman from New Mexico (Mr. Pearce). This land is in 
his district. The gentleman from New Mexico (Mr. Pearce) has been very 
cooperative, and we appreciate that. I also thank the gentleman from 
California (Mr. Pombo) and the Committee on Resources for their work 
and thank them for getting this to the floor for a vote so that LCU can 
begin putting improvements on this land, and hopefully some of those 
improvements may be available for this summer.
  This is a like-kind exchange between two pieces of property. This 
bill provides for if there is perceived to be some difference in 
compensation. This bill gets this off center. This request has been 
pending for a couple of years, and we are able to expedite this issue 
and get it in place. I think that is good public policy. I urge my 
colleagues to support and pass H.R. 482.
  Mrs. NAPOLITANO. Madam Speaker, I yield back the balance of my time.
  Mr. DUNCAN. Madam Speaker, I yield myself the balance of my time.
  Madam Speaker, I simply want to close by commending the gentleman 
from Texas (Mr. Neugebauer) for his very fine work on this legislation. 
This is a very worthwhile land exchange. I urge all of my colleagues to 
support it.
  Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Tennessee (Mr. Duncan) that the House suspend the rules 
and pass the bill, H.R. 482.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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