[Senate Report 106-429]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 851
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-429

======================================================================



 
        PECOS NATIONAL HISTORICAL PARK LAND EXCHANGE ACT OF 2000

                                _______
                                

  September 28 (legislative day, September 22), 2000.--Ordered to be 
                                printed

                                _______
                                

  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2848]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2848) to provide for a land exchange to 
benefit the Pecos National Historical Park in New Mexico, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pecos National Historical Park Land 
Exchange Act of 2000.''

SEC. 2. DEFINITIONS.

    As used in this Act--
          (1) the term ``Secretaries'' means the Secretary of the 
        Interior and the Secretary of Agriculture;
          (2) the term ``landowner'' means Harold and Elisabeth 
        Zuschlag, owners of land within the Pecos National Historical 
        Park, and;
          (3) the term ``map'' means a map entitled ``Proposed Land 
        Exchange for Pecos National Historical Park'', numbered 430/
        80,054, and dated November 19, 1999, revised September 18, 
        2000.

SEC. 3. LAND EXCHANGE.

    (a) Upon the conveyance by the landowner to the Secretary of the 
Interior of the lands identified in subsection (b), the Secretary of 
Agriculture shall convey the following lands and interests to the 
landowner, subject to the provisions of this Act:
          (1) approximately 160 acres of Federal lands and interests 
        therein within the Santa Fe National Forest in the State of New 
        Mexico, as generally depicted on the map; and
          (2) the Secretary of the Interior shall convey an easement 
        for water pipelines to two existing well sites, located within 
        the Pecos National Historical Park, as provided in this 
        paragraph.
                  (A) The Secretary of the Interior shall determine the 
                appropriate route of the easement through Pecos 
                National Historical Park and such route shall be a 
                condition of the easement. The Secretary of the 
                Interior may add such additional terms and conditions 
                relating to the use of the well and pipeline granted 
                under this easement as he deems appropriate.
                  (B) The easement shall be established, operated, and 
                maintained in compliance with all Federal laws.
    (b) The lands to be conveyed by the landowner to the Secretary of 
the Interior comprise approximately 154 acres within the Pecos National 
Historical Park as generally depicted on the map.
    (c) The Secretary of Agriculture shall convey the lands and 
interests identified in subsection (a) only if the landowner conveys a 
deed of title to the United States, that is acceptable to and approved 
by the Secretary of the Interior.
    (d) Terms and Conditions.--
          (1) In general.--Except as otherwise provided in this Act, 
        the exchange of lands and interests pursuant to this Act shall 
        be in accordance with the provisions of section 206 of the 
        Federal Land Policy and Management Act (43 U.S.C. 1716) and 
        other applicable laws including the National Environmental 
        Policy Act (42 U.S.C. 4321 et seq.).
          (2) Valuation and appraisals.--The values of the lands and 
        interests to be exchanged pursuant to this Act shall be equal, 
        as determined by appraisals using nationally recognized 
        appraisal standards including the Uniform Appraisal Standards 
        for Federal Land Acquisition. The Secretaries shall obtain the 
        appraisals and insure they are conducted in accordance with the 
        Uniform Appraisal Standards for Federal Land Acquisition. The 
        appraisals shall be paid for in accordance with the exchange 
        agreement between the Secretaries and the landowner.
          (3) Completion of the exchange.--The exchange of lands and 
        interests pursuant to this Act shall be completed not later 
        than 180 days after National Environmental Policy Act 
        requirements have been met and after the Secretary of the 
        Interior approves the appraisals. The Secretaries shall report 
        to the Committee on Energy and Natural Resources of the United 
        States Senate and the Committee on Resources of the United 
        States House of Representatives upon the successful completion 
        of the exchange.
          (4) Additional terms and conditions.--The Secretaries may 
        require such additional terms and conditions in connection with 
        the exchange of lands and interests pursuant to this Act as the 
        Secretaries consider appropriate to protect the interests of 
        the United States
          (5) Equalization of values.--
                  (A) The Secretary of Agriculture shall equalize the 
                values of Federal land conveyed under subsection (a) 
                and the land conveyed to the Federal government under 
                subsection (b)--
                          (i) by the payment of cash to the Secretary 
                        of Agriculture or the landowner, as 
                        appropriate, except that notwithstanding 
                        section 206(b) of the Federal Land Policy and 
                        Management Act of 1976 (43 U.S.C. 1716 (b)), 
                        the Secretary of Agriculture may accept a cash 
                        equalization payment in excess of 25 percent of 
                        the value of the Federal land; or
                          (ii) if the value of the Federal land is 
                        greater than the land conveyed to the Federal 
                        government, by reducing the acreage of the 
                        Federal land conveyed.
                  (B) Disposition of funds.--Any funds received by the 
                Secretary of Agriculture as cash equalization payment 
                from the exchange under this section shall be deposited 
                into the fund established by Public Law 90-171 
                (commonly known as the ``Sisk Act'') (16 U.S.C. 484a) 
                and shall be available for expenditure, without further 
                appropriation, for the acquisition of land and 
                interests in the land in the State of New Mexico.

SEC. 4. BOUNDARY ADJUSTMENT AND MAPS.

    (a) Upon acceptance of title by the Secretary of the Interior of 
the lands and interests conveyed to the United States pursuant to 
section 4 of this Act, the boundaries of the Pecos National Historical 
Park shall be adjusted to encompass such lands. The Secretary of the 
Interior shall administer such lands in accordance with the provisions 
of law generally applicable to units of the National Park System, 
including the Act entitled ``An Act to establish a National Park 
Service, and for other purposes'', approved August 25, 1916 (16 U.S.C. 
1, 2-4).
    (b) The map shall be on file and available for public inspection in 
the appropriate offices of the Secretaries.
    (c) Not later than 180 days after completion of the exchange 
described in section 3, the Secretaries shall transmit the map 
accurately depicting the lands and interests conveyed to the Committee 
on Energy and Natural Resources of the United States Senate and the 
Committee on Resources of the United States House of Representatives.

                         purpose of the measure

    The purpose of S. 2848 is to provide for a land exchange to 
benefit the Pecos National Historical Park in New Mexico.

                          background and need

    Pecos National Historical Park in New Mexico preserves 
12,000 years of history, including the ancient pueblo of Pecos, 
two Spanish Colonial Missions, Santa Fe Trail sites, 20th 
century ranch history of the Forked Lightning Ranch, and the 
site of the Civil War Battle of Glorieta Pass. The park 
encompasses 6,600 acres.
    The private owner of a 154-acre inholding within the park's 
Glorieta Unit desires to convey the property to the National 
Park Service in exchange for a 160-acre tract in the nearby 
Santa Fe National Forest.
    S. 2848 authorizes the exchange of land, and in addition 
provides the landowner with an easement for water lines from 
two existing well sites within the park.

                          legislative history

    S. 2848 was introduced by Senator Bingaman on July 11, 
2000. The Subcommittee on National Parks, Historic Preservation 
and Recreation held a hearing on S. 2848 on July 27, 2000. At 
the business meeting on September 20, 2000, the Committee on 
Energy and Natural Resources ordered S. 2848, as amended, 
favorably reported.

                        committee recommendation

    The Committee on Energy and Natural Resources, in open 
business session on September 20, 2000, by a unanimous vote of 
a quorum present, recommends that the Senate pass S. 2848, if 
amended as described herein.

                          committee amendment

    During the consideration of S. 2848, the Committee adopted 
an amendment in the nature of a substitute. The amendment made 
several technical and clarifying changes. In addition, the 
amendment added a provision requiring the land exchange to 
comply with the National Environmental Policy Act, and 
authorized the Secretary of Agriculture to equalize the values 
of the conveyed lands by accepting cash or reducing the acreage 
of the Federal lands conveyed.

                      section-by-section analysis

    Section 1 designates the bill's short title.
    Section 2 provides definitions for key terms used in the 
bill.
    Section 3 authorizes an exchange of lands whereby the 
private landowner of a specified 154-acre parcel within Pecos 
National Historical Park would convey the land to the Secretary 
of the Interior in exchange for a specified 160-acre parcel of 
Federal land located in the Sante Fe National Forest. In 
addition, the private landowner would receive an easement for 
water pipelines to two existing well sites within Pecos 
National Historical Park. The value of the exchanged lands and 
interests must be equal.
    Section 4 provides for adjustment of the boundaries of 
Pecos National Historical Park to encompass the conveyed lands 
and interests.

                   cost and budgetary considerations

    The Congressional Budget Office cost estimate report had 
not been received at the time the report was filed. When the 
report becomes available, the Chairman will request that it be 
printed in the Congressional Record for the advice of the 
Senate.

                      regulatory impact evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 2848. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 2848, as ordered reported.

                        executive communications

    On September 15, 2000, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 2848. These 
reports had not been received at the time the report on S. 2848 
was filed. When the reports become available, the Chairman will 
request that they be printed in the Congressional Record for 
the advice of the Senate. The testimony provided by the 
National Park Service and the U.S. Forest Service at the 
Subcommittee hearing follows:

 Statement of Denis P. Galvin, Deputy Director, National Park Service, 
                       Department of the Interior

    Mr. Chairman and members of the subcommittee, thank you for 
the opportunity to appear before you to present the position of 
the Department of the Interior on S. 2848, a bill to provide 
for a land exchange at Pecos National Historical Park in New 
Mexico.
    The Department supports this legislation with the 
amendments outlined in this testimony. However, we defer to the 
U.S. Forest Service with respect to a determination that the 
lands they would convey are excess to their needs and available 
to be used as part of the proposed land exchange.
    Pecos National Historical Park (NHP) was established in 
1965 as Pecos National Monument and was redesignated in 1990. 
The park includes almost 7,000 acres in three units and tells 
the story of 12,000 years of human history. This story includes 
that of the people of the Pecos Pueblo who made their homes at 
a trading crossroads that became a center of cultural change. 
This crossroads saw the effects of Spanish colonization from 
the south and the movement westward along the Santa Fe Trail by 
a variety of people and cultures.
    In addition, Pecos NHP tells the story of one of the most 
interesting battles of the Civil War fought in the west, the 
Battle of Glorieta Pass. It is also home to a 20th century 
ranch that illustrates how important and critical this natural 
and cultural crossroads is to the history of America.
    Pecos NHP not only protects a story and remnants of how 
this country changed and evolved, but also the resources in the 
natural environment needed by people throughout the 12,000 
years of human occupation. Of foremost importance is the Pecos 
River, one of only five in New Mexico that is free-flowing 
year-round. The mosaic of the riparian environment, high 
elevation forest, grasslands, and meadows sustains valuable and 
variable wildlife habitats and ecosystems that are prominent 
features in and of themselves as well as vital to the park's 
several and overlapping cultural landscapes.
    When the park was redesignated in 1990, new lands were 
added and the scope and mission of the park were greatly 
expanded. The Glorieta Unit, divided into two subunits, each 
containing three hundred acres, preserves sites of the Civil 
War action at Glorieta Pass. More than half of the land in 
these units in privately owned, making public access, 
preservation of resources, and protection of property rights 
difficult. The lands proposed for exchange in S. 2848 are in 
the Canoncito subunit, the westernmost portion of the park.
    S. 2848 proposes an exchange among the U.S. Forest Service, 
National Park Service and a private landowner. The private land 
owner would convey 154 acres of land to the National Park 
Service at Pecos National Historical Park. The U.S. Forest 
Service would then convey 160 acres of federal land to the 
private landowner. Because the land already is within the 
boundary of the park and identified for purchase in the July 
1993 Land Protection Plan, no boundary adjustment would be 
needed. As part of the exchanges the private landowner would be 
given an easement to allow access to two existing wells. The 
bill also allows for the Secretaries to establish additional 
terms and conditions on the exchange in order to protect the 
interest of the federal government.
    We understand the U.S. Forest Service parcel proposed for 
the exchange is undeveloped. There are no public utilities 
within one half mile of the parcel. No environmental analysis 
has been completed on this parcel.
    Our recommended amendments are technical in nature, which 
we believe would simplify and clarify responsibilities for the 
various parts of the exchanges as well as meet deadlines to 
complete the process.
    As presently worded, Section 3(a)(2) calls for the 
Secretary of Agriculture to convey an easement on land located 
within Pecos NHP. We recommend this be changed to allow the 
Secretary of the Interior to convey the easement directly to 
the landowner. The easement would allow the landowner to 
withdraw water from two existing wells on the parcel that will 
be given to the National Park Service. We recommend that some 
parameters on the water used from these wells be added to the 
bill to ensure the adequate protection of park resources, such 
as limiting the number of gallons per hour that can be 
withdrawn with a total amount not to be exceeded in a given 
day, week, or month.
    We recommend that Section 3(d)(1) be clarified to provide 
specifically for compliance with the National Environmental 
Policy Act.
    Section 3(d)(2) requires the landowner to pay for the 
appraisals of the two parcels. We recommend that this portion 
of the bill be modified to state that while the landowner will 
pay for the appraisals, the Department of Interior will obtain 
the appraisals. This would assure that the appraisals are 
conducted in accordance with the Uniform Appraisal Standards 
for Federal Land Acquisition and allow quick acceptance of the 
property by the National Park Service during the exchange.
    Section 3(d)(3) requires the exchange to be completed 
within 90 days. We believe that one year would be a more 
realistic time. Shorter time periods could frustrate the 
exchange proposal if all of the necessary work to conduct the 
exchange is not completed within the given time frame such as 
the completion of the analysis to comply with the National 
Environmental Policy Act. Also a longer time period would allow 
for an arbitrator to negotiate an agreement should the parties 
be unable to agree on the appraisal. We understand that the use 
of an arbitrator is required in 43 U.S.C. 1716(d).
    We understand that the U.S. Forest Service has concerns 
relating to Section 3(d)(4) involving cash equalization or an 
adjustment of acres if the value of National Forest System land 
exceeds the value of the private lands exchanged, as well as 
the use of any funds received in a cash equalization payment. 
We defer to the Forest Service to provide you with their 
suggested language for this section.
    We believe that the map referenced in the bill is 
insufficient for the purpose of this legislation. We are 
willing to work with the subcommittee and the U.S. Forest 
Service to provide the correct map.
    We suggest that the bill include a provision for reporting 
back to this subcommittee on the successful completion of the 
exchange to help ensure that all parties have met and bargained 
in good faith, and that every effort to complete the exchange 
is completed in a timely manner.
    S. 2848 does indeed benefit Pecos NHP. It would continue 
the expansion of the park that was begun when lands were added 
to the boundary in 1990, and allow the National Park Service to 
more adequately and completely serve park visitors and protect 
park resources.
    We look forward to working with the subcommittee and 
Senator Bingaman. We will also continue to work with the U.S. 
Forest Service to ensure that the final bill language reflects 
the needs and interests of all parties to the exchange and 
completes that exchange in the most direct manner.
    That concludes my remarks. I would be happy to answer any 
questions you may have.
                                ------                                  



                Statement of the U.S.D.A. Forest Service

    Thank you for the opportunity to present our views on S. 
2848, a bill to provide for a land exchange to benefit the 
Pecos National Historic Park, a unit of the National Park 
Service. The bill would direct the Secretary of Agriculture to 
convey approximately 160 acres located in the Santa Fe National 
Forest in New Mexico to Harold and Elizabeth Zuschlag in 
exchange for 154 acres owned by the Zuschlags within the Pecos 
National Historic Park that would be conveyed to the Secretary 
of the Interior.
    The 160 acres of National Forest System land to be conveyed 
to the Zuchlags are located on top of Glorieta Mesa and have 
been identified as base and exchange in the Santa Fe National 
Forest land and resource management plan. The parcel is 
undeveloped and has relatively gentle topography. We are 
concerned with the loss of lands available as a land exchange 
base on the National Forest. The exchange base is effectively 
utilized to improve its land ownership pattern and protect 
important natural resources. As part of our land exchange 
procedures, we would complete and environmental analysis and 
public involvement process considering the proposal. Without 
lands available for exchange, the Forest is limited in its 
ability to complete priority land adjustments and must rely on 
appropriated funds to purchase lands.
    The private properties to the west of these lands have been 
developed and we anticipate development will occur on the 
federal lands proposed in this exchange if transferred into 
private ownership. No resource analysis of the property has 
been completed so we are unable to determine if any critical 
habitat, threatened and endangered species, or cultural 
resources would be impacted. We are also concerned with the 
potential impact of providing road and utility access to the 
parcel once it is developed.
    Using the discretion provided by the Secretaries of the 
Interior and Agriculture under Section 3(d)(4), additional 
terms and conditions in connection with the exchange of lands 
and interests may be added as considered appropriate. 
Therefore, the environmental conditions of the lands can be 
considered and the impacts of the exchange evaluated in 
compliance with the National Environmental Policy Act.
    In addition to the amendments noted in the testimony of the 
National Park Service regarding S. 2848, the Department of 
Agriculture would support the bill if section 3(d)(4) is 
amended by adding paragraph (5):
          ``(5)(A) Equalization of values.--The Secretary of 
        Agriculture shall equalize the values of Federal land 
        conveyed under subsection (a) and the land conveyed to 
        the Federal government under subsection (b)--
                  ``(i) by the payment of cash to the Secretary 
                of Agriculture or the landowner, as 
                appropriate, except that notwithstanding 
                section 206(b) of the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1716(b), the 
                Secretary of Agriculture may accept a cash 
                equalization payment in excess of 25 percent of 
                the value of the Federal land; or
                  ``(ii) if the value of the Federal land is 
                greater than the land conveyed to the Federal 
                government, by reducing the acreage of the 
                Federal land conveyed.
          ``(B) Disposition of funds.--Any funds received by 
        the Secretary of Agriculture as cash equalization 
        payment from the exchange under this section shall be 
        deposited into the fund established by Public Law 90-
        171 (commonly known as the ``Sick Act'') (16 U.S.C. 
        484a) and shall be available for expenditure, without 
        further appropriation, for the acquisition of land and 
        interests in the land of in the State of New Mexico.
    We look forward to working with the Subcommittee and 
Senator Bingaman on this bill. We will also continue to work 
with the National Park Service to ensure that the final bill 
language reflects the needs and interests of all parties to the 
exchange.

                        changes in existing law

    In compliance with paragraphs 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill S. 2848, as 
ordered reported.

                                  
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