[Senate Report 106-429]
[From the U.S. Government Publishing Office]
Calendar No. 851
106th Congress Report
SENATE
2d Session 106-429
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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.