[Senate Report 109-312]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 555
109th Congress                                                   Report
                                 SENATE
 2d Session                                                     109-312

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                     PINE SPRINGS LAND EXCHANGE ACT

                                _______
                                

                 July 31, 2006.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 482]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (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, having considered 
the same, reports favorably thereon with an amendment and 
recommends that the Act, 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 ``Pine Springs Land Exchange Act''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Federal land.--The term ``Federal land'' means the 3 
        parcels of Forest land (including any improvements on the 
        land), comprising approximately 80 acres, as depicted on the 
        map.
          (2) Forest.--The term ``Forest'' means the Lincoln National 
        Forest in the State of New Mexico.
          (3) Map.--The term ``map'' means the map entitled ``Pine 
        Springs Land Exchange'' and dated May 25, 2004.
          (4) Non-federal land.--The term ``non-Federal land'' means 
        the parcel of University land comprising approximately 80 
        acres, as depicted on the map.
          (5) Secretary.--The term ``Secretary'' means the Secretary of 
        Agriculture.
          (6) University.--The term ``University'' means Lubbock 
        Christian University in the State of New Mexico.

SEC. 3. LAND EXCHANGE.

  (a) In General.--In exchange for the conveyance to the Secretary of 
the non-Federal land by the University, the Secretary shall convey to 
the University, by quitclaim deed, all right, title, and interest of 
the United States in and to the Federal land.
  (b) Map.--
          (1) Availability of map.--The map shall be on file and 
        available for inspection in--
                  (A) the Office of the Chief of the Forest Service; 
                and
                  (B) the Office of the Supervisor of Lincoln National 
                Forest.
          (2) Minor errors.--The Secretary and the University may 
        correct any minor errors in the map.

SEC. 4. EXCHANGE TERMS AND CONDITIONS.

  (a) In General.--The conveyance of Federal land under section 3(a) 
shall be subject to--
          (1) any valid existing rights; and
          (2) any additional terms and conditions that the Secretary 
        determines to be appropriate to protect the interests of the 
        United States.
  (b) Acceptable Title.--Title to the non-Federal land shall--
          (1) conform with the title approval standards of the Attorney 
        General applicable to Federal land acquisitions; and
          (2) otherwise be acceptable to the Secretary.
  (c) Compliance With Federal Land Policy and Management Act.--The land 
exchange authorized under section 3(a) shall be carried out in 
accordance with section 206 of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1716).
  (d) Costs.--The costs of carrying out the exchange of Federal land 
and non-Federal land shall be shared equally by the Secretary and the 
University.

SEC. 5. MISCELLANEOUS PROVISIONS.

  (a) 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 in accordance with this Act.
          (2) Withdrawal of federal land.--Subject to valid existing 
        rights, pending the completion of the land exchange under 
        section 3(a), the Federal land is withdrawn from all forms of 
        location, entry, and patent under the public land laws, 
        including--
                  (A) the mining and mineral leasing laws; and
                  (B) the Geothermal Steam Act of 1970 (30 U.S.C. 1001 
                et seq.).
  (b) Administration of Land Acquired by the United States.--
          (1) Boundary adjustment.--On acceptance of title by the 
        Secretary to the non-Federal land--
                  (A) the non-Federal land shall become part of the 
                Forest; and
                  (B) the boundaries of the Forest shall be adjusted to 
                include the acquired land.
          (2) Land and water conservation fund.--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 Forest, as modified 
        under paragraph (1), shall be considered to be boundaries of 
        the Forest as of January 1, 1965.
          (3) Management.--The Secretary shall manage the non-Federal 
        land acquired under section 3(a) in accordance with--
                  (A) the Act of March 1, 1911 (commonly known as the 
                ``Weeks Law'') (16 U.S.C. 480 et seq.); and
                  (B) any other laws (including regulations) applicable 
                to National Forest System land.
  (c) Duties of Secretary.--In exercising any discretion necessary to 
carry out this Act, the Secretary shall ensure that the public interest 
is well served.

                         PURPOSE OF THE MEASURE

    The purpose of H.R. 482 is to provide for a land exchange 
involving Federal lands in the Lincoln National Forest in the 
State of New Mexico, and for other purposes.

                          BACKGROUND AND NEED

    Lubbock Christian University's Pine Springs Camp is used in 
the summer for week-long camp sessions and 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. The university has offered to exchange 80 acres of land 
completely surrounded by the Lincoln National Forest in 
consideration for 80 acres adjacent to the camp. The exchange 
provides an opportunity for the Lincoln National Forest to 
consolidate ownership and for the Pine Springs Camp to 
accomplish a needed expansion.

                          LEGISLATIVE HISTORY

    H.R. 482 was introduced on February 1, 2005, by 
Representative Neugebauer for himself and Representative Pearce 
and referred to the Committee on Resources. On April 12, 2005, 
the bill passed the House of Representatives by voice vote. The 
Subcommittee on Public Lands and Forests held a hearing on H.R. 
482 on November 2, 2005 (S. Hrg. 109-347). The Committee on 
Energy and Natural Resources ordered H.R. 482 favorably 
reported with an amendment in the nature of a substitute on May 
24, 2006. The bill was introduced in the 108th Congress as H.R. 
4806 on July 9, 2004, by Representative Neugebauer for himself 
and Representative Pearce and passed the House by voice vote on 
September 22, 2004.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on May 24, 2006, by a unanimous voice 
vote of a quorum present recommends that the Senate pass H.R. 
482, if amended as described herein.

                          COMMITTEE AMENDMENT

    The Committee adopted an amendment in the nature of a 
substitute to ensure the environmental analyses and public 
process needed to assess the potential impacts of this exchange 
are completed prior to implementation of the exchange and to 
remove legal descriptions in order to avoid any potential 
conflicts with the exchange map.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 provides the short title of the Act.
    Section 2 provides definitions for the Act.
    Section 3 directs the Secretary of Agriculture to undertake 
an equal value exchange of approximately 80 acres of Federal 
land for approximately 80 acres of land controlled by Lubbock 
Christian University.
    Section 4 provides the terms and conditions of the 
exchange, including that the exchange be conducted in 
compliance with Section 206 of the Federal Land Policy and 
Management Act of 1976.
    Section 5 allows for minor corrections to the referenced 
maps and revokes any public orders with regard to the Federal 
lands that would interfere with the exchange and withdraws the 
Federal lands from all forms of location, entry, and patent 
under public land laws pending completion of the exchange. Also 
directs that the acquired lands become part of the Lincoln 
National Forest and that they be managed in accordance with all 
laws applicable to National Forest System Lands.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office.

H.R. 482--Pine Springs Land Exchange Act

    H.R. 482 would direct the Secretary of Agriculture to 
convey 80 acres of land in the Lincoln National Forest, New 
Mexico, to Lubbock Christian University. In exchange, the 
university would convey an 80-acre parcel of land that lies 
within that forest. If the values of the properties to be 
exchanged are not equal, the Secretary could accept or make 
cash payments to equalize those values. Any federal spending 
for such payments would be subject to the availability of 
appropriated funds.
    Based on information from the Forest Service, CBO estimates 
that implementing H.R. 482 would have no significant impact on 
the federal budget. Enacting the legislation would not affect 
revenues. According to the agency, the land to be conveyed 
currently generates no significant receipts and is not expected 
to do so over the next 10 years; therefore, we estimate that 
conveying the land would not affect offsetting receipts (a 
credit against direct spending). Based on information regarding 
the value of the properties involved in the proposed exchange, 
we estimate that any cash equalization payments exchanged under 
H.R. 482 would be minimal. Finally, we estimate that the 
proposed exchange would not significantly affect the Forest 
Service's costs to manage the Lincoln National Forest.
    H.R. 482 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would have no significant impact on the budgets of state, 
local, or tribal governments.
    The CBO staff contact for this estimate is Deborah Reis. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                      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 H.R. 482.
    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 H.R. 482.

                        EXECUTIVE COMMUNICATIONS

    The views of the Administration were included in testimony 
received by the Committee at a hearing on the bill on November 
2, 2005, as follows:

 Statement of Gloria Manning, Associate Deputy Chief, National Forest 
           System, Forest Service, Department of Agriculture

    Mr. Chairman: Thank you for the opportunity to appear 
before you today to provide the Department views on H.R. 482, 
to provide for a land exchange involving Federal lands in the 
Lincoln National Forest in the State of New Mexico.


                  h.r. 482--pine springs land exchange


    H.R. 482 would direct the Secretary of Agriculture to 
exchange with the Lubbock Christian University all right, title 
and interest in approximately 80 acres of National Forest 
System land within the Lincoln National Forest, New Mexico upon 
receipt of acceptable title to approximately 80 acres of non-
federal land. The University has operated a summer camp in the 
Lincoln National Forest for over 40 years on 40 acres that it 
owns. The University seeks to exchange 80 acres that it owns 
elsewhere in the Forest for 80 acres immediately adjacent to 
its existing camp. The bill directs that the exchange be equal 
in value, that the appraisal conform to the uniform appraisal 
standards for Federal Land Acquisition and that the proponent 
of the exchange and the United States share the costs of 
implementing the exchange equally.
    The Forest Service and Lubbock Christian University have 
discussed an administrative land exchange since 2001, roughly 
comprising the lands described in the bill. While the 
Department is not opposed to the exchange, we would like to 
work with the Subcommittee and the bill's sponsor on amendments 
to insure that land management issues related to floodplains 
and wetlands are adequately addressed.
    This concludes my statement, I would be happy to answer any 
questions that you may have.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the Act H.R. 482 as ordered 
reported.

                                  
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