[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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