[Senate Report 109-7]
[From the U.S. Government Publishing Office]



                                                        Calendar No. 18
109th Congress                                                   Report
                                 SENATE
 1st Session                                                      109-7

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         PECOS NATIONAL HISTORIC PARK LAND EXCHANGE ACT OF 2005

                                _______
                                

               February 23, 2005.--Ordered to be printed

 Filed, under authority of the order of the Senate of February 17, 2005

                                _______
                                

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

                              R E P O R T

                          [To accompany S. 47]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 47) to provide for the exchange of 
certain Federal land in the Santa Fe National Forest and 
certain non-Federal land in the Pecos National Historical Park 
in the State of New Mexico, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                         PURPOSE OF THE MEASURE

    The purpose of S. 47 is to provide for a land exchange 
among the Pecos National Historical Park, the Santa Fe National 
Forest, and a private landowner in New Mexico.

                          BACKGROUND AND NEED

    When the Pecos National Historical Park was redesignated in 
1990, new lands were added and the scope and mission of the 
Park were greatly expanded. The Glorieta Unit of the Park, 
where this exchange is focused, protects key sites associated 
with the 1862 Civil War Battle of Glorieta Pass, a significant 
event that ended the Confederate attempt to expand the war into 
the West. More than half of the land in the Unit is privately 
owned, making public access, preservation of resources, and 
cooperation with private property owners difficult.
    S. 47 proposes an equal-value exchange whereby the National 
Park Service would acquire a private inholding identified for 
purchase in the July 1993 Land Protection Plan. The private 
landowner would acquire a parcel of land from the Santa Fe 
National Forest that adjoins other lands owned by the private 
party. The National Forest land to be acquired by the private 
landowner is identified in the Santa Fe National Forest Land 
and Resource Management Plan as suitable for exchange and is 
largely surrounded by the private landowner's lands. Because of 
the multi-agency nature of the exchange, there is no existing 
administrative authority for the exchange.

                          LEGISLATIVE HISTORY

    S. 47 was introduced by Senator Bingaman for himself and 
Senator Domenici on January 24, 2005. A similar bill (S. 2622) 
was introduced by Senator Bingaman for himself and Senator 
Domenici in the 108th Congress. The Subcommittee on Public 
Lands and Forests held a hearing on S. 2622 on July 21, 2004 
(S. Hrg. 108-714). S. 2622 was favorably reported by the 
Committee, with an amendment in the nature of a substitute, on 
September 28, 2004 (S. Rept. 108-373). A similar bill, S. 2848, 
was passed by the Energy and Natural Resource Committee in the 
106th Congress (S. Rept. 106-429).

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in an 
open business session on February 9, 2005, by a voice vote of a 
quorum present, recommends that the Senate pass S. 47.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 provides the short title.
    Section 2 defines key terms.
    Section 3(a) directs the Secretary of the Interior to 
accept 154 acres of private land to be added to the Glorieta 
Unit of the Pecos National Historic Park and directs the 
Secretary of Agriculture to convey 160 acres of Santa Fe 
National Forest land to the private landowner.
    Subsection 3(b) directs the Secretary of the Interior to 
grant the private landowner an easement for two water wells and 
water pipelines located in the Park.
    Subsection 3(c)-(e) directs how valuation, appraisal and 
equalization shall be carried out.
    Subsection 3(f) authorizes the Secretaries to add any 
requirements to the exchange or granting of easements they deem 
necessary to protect the interests of the United States.
    Subsection 3(g) directs the timing of the exchange and 
requires the Secretaries to notify the authorizing committees 
when the exchange is completed.
    Section 4 provides direction on how the acquired lands 
shall be managed, and provides for the development and 
transmittal of final maps.

                   COST AND BUDGETARY CONSIDERATIONS

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

                                                 February 14, 2005.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 47, the Pecos 
National Historical Park Land Exchange Act of 2005.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Lisa Cash 
Driskill.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

S. 47--Pecos National Historical Park Land Exchange Act of 2005

    CBO estimates that implementing S. 47 would not 
significantly affect the federal budget. The bill could affect 
direct spending (including offsetting receipts), but we 
estimate that any such effects would total less than $200,000. 
S. 47 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.
    S. 47 would authorize a land exchange among the Forest 
Service, the National Park Service (NPS), and a private 
landowner. In exchange for conveying to the Secretary of the 
Interior 154 acres of privately owned land within the Pecos 
National Historical Park in New Mexico, S. 47 would direct the 
Forest Service to convey to the private landowner 160 acres of 
land that lies within the boundary of the Santa Fe National 
Forest. As part of the exchange, the Secretary of the Interior 
would grant the private landowner an easement to access two 
existing water wells within the boundaries of the park. Based 
on information from the Forest Service and the NPS, CBO 
estimates that federal administrative costs to complete the 
exchange would total less than $100,000 over the 2006-2007 
period, assuming the availability of appropriated funds. We 
also estimate that federal costs for land management would not 
change significantly under S. 47.
    S. 47 specifies that the properties to be exchanged must be 
equal in value and, if differences in value are found, would 
authorize cash equalization payments between the federal 
government and the private landowner. Under the bill, the 
Secretary of Agriculture could retain and spend, without 
further appropriation, receipts from any such payments received 
from the private landowner. However, based on information from 
the agencies about the estimated value of the properties to be 
exchanged, CBO estimates that any cash equalization payments 
are not likely to exceed $200,000.
    According to the Forest Service, the current management 
plan for the Santa Fe National Forest identifies the federal 
land to be conveyed as suitable for exchange. It currently 
generates no significant receipts and is not expected to do so 
over the next 10 years. Hence, we estimate that implementing 
the exchange would not significantly affect offsetting receipts 
(a credit against direct spending).
    The CBO staff contact for this estimate is Lisa Cash 
Driskill. 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 S. 47.
    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. 47.

                        EXECUTIVE COMMUNICATIONS

    The view of the administration was included in testimony 
received by the Committee at a hearing on S. 2622, on July 21, 
2004.

   Statement of Mark Rey, Under Secretary, Natural Resources and the 
         Environment, Forest Service, Department of Agriculture

    Mr. Chairman, thank you for the opportunity to appear 
before you today to provide the Department's views.

           *       *       *       *       *       *       *

    The bill would direct the Secretary of Agriculture to 
convey approximately 160 acres located in the Santa Fe National 
Forest in New Mexico to private landowners in exchange for 154 
acres owned by the landowners 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 
are located on top of Glorieta Mesa and have been identified in 
the Forest Plan as base for exchange; however, this land was 
recommended for exchange to facilitate the acquisition of other 
desirable property for National Forest purposes within the 
Santa Fe National Forest. The federal parcel is undeveloped and 
has relatively gentle topography.
    The Department would not oppose the bill if amended to 
clarify several points. We have concerns regarding potential 
complications that could arise as this transaction proceeds and 
would like to understand the committee's intent as to how these 
should be resolved. We would like the opportunity to work with 
the committee, bill sponsors and the National Park Service on 
amendments to clarify expectations relative to the 
applicability of the National Environmental Policy Act and 
other applicable laws.
    Although not specifically stated, the exchange would be 
subject to the National Historic Preservation Act of 1966 
(NHPA). The National Forest System lands have not been surveyed 
for cultural resources. If, after survey, resources are found, 
the exchange would be subject to Sec. 110(b) of NHPA, which 
would require that data recovery precede conveyance. The 
legislation should identify who would be responsible for the 
data recovery costs in the event resources are found.
    Appraisals would be submitted only to the Secretary of the 
Interior for approval. We recommend an amendment to the 
legislation that requires joint approval by both the 
Secretaries of the Interior and Agriculture. If there is mutual 
valuation approval, we recommend the USDA and USDOI jointly and 
mutually secure a title policy, select an appraiser agreeable 
to both agencies, jointly develop appraisal instructions and 
jointly review and approve the appraisal.
    We look forward to working with the Subcommittee, the 
sponsors, and the National Park Service on amendments to this 
bill to ensure that the final bill language reflects the needs 
and interests of all parties to the exchange.
                                ------                                


   Statement of Chad Calvert, Deputy Assistant Secretary, Lands and 
            Minerals Management, 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. 2622, a bill to provide 
for a land exchange at Pecos National Historical Park in New 
Mexico.
    The Department supports this legislation with an amendment. 
A hearing on a similar bill, S. 2848 was held during the 106th 
Congress. At that time we supported the bill with several 
amendments. S. 2622 has taken into consideration those 
amendments as proposed. We do recommend minor changes to 
clarify financial responsibilities for the appraisals and 
completion of compliance documents. By making these changes, 
and clarifying the map, we believe the exchange could be easily 
accomplished. 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.
    S. 2622 proposes an exchange among the U.S. Forest Service, 
National Park Service and a private landowner. The private 
landowner 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 and no environmental 
analysis has been completed on this parcel.
    We propose minor changes to the language to ensure that all 
parties understand that the landowner will assume the cost of 
the appraisals and associated environmental compliance. The 
legislation must be clear that neither Secretary is responsible 
for those costs. The proposed amendment is attached to this 
testimony.
    S. 2622 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. This new bill 
also reflects the needs and interests of all of the parties to 
the exchange and should allow completion of the exchange in the 
most direct manner.
    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 and the effects of Spanish colonization 
from the south and the movement westward along the Santa Fe 
Trail. 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.
    Of foremost importance in Pecos NHP 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 and vital 
to the park's 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 approximately three hundred acres, preserves sites 
of the Civil War action at Glorieta Pass. More than half of the 
land in these two units is privately owned, making public 
access, preservation of resources, and protection of property 
rights difficult. The lands proposed for exchange in S. 2622 
are in the Canoncito subunit, the westernmost portion of the 
park.
    That concludes my remarks. I would be happy to answer any 
questions you may have.
    Proposed amendment: Page 6, line 3, strike all after 
``COSTS--'' and insert ``Before the completion of the exchange 
under this section, the Secretaries and the landowner shall 
enter into an agreement that states that the landowner shall 
pay the cost of the appraisals and associated environmental 
compliance documents. Additional costs of the exchange will be 
allocated in the agreement between the Secretaries and the 
landowner.''.

                        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 bill S. 47 as ordered 
reported.

                                  
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