[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2622 Referred in House (RFH)]
2d Session
S. 2622
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 16, 2004
Referred to the Committee on Resources
_______________________________________________________________________
AN ACT
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.
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 ``Pecos National Historical Park Land
Exchange Act of 2004''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Federal land.--The term ``Federal land'' means the
approximately 160 acres of Federal land within the Santa Fe
National Forest in the State, as depicted on the map.
(2) Landowner.--The term ``landowner'' means the 1 or more
owners of the non-Federal land.
(3) Map.--The term ``map'' means the map entitled
``Proposed Land Exchange for Pecos National Historical Park'',
numbered 430/80,054, dated November 19, 1999, and revised
September 18, 2000.
(4) Non-federal land.--The term ``non-Federal land'' means
the approximately 154 acres of non-Federal land in the Park, as
depicted on the map.
(5) Park.--The term ``Park'' means the Pecos National
Historical Park in the State.
(6) Secretaries.--The term ``Secretaries'' means the
Secretary of the Interior and the Secretary of Agriculture,
acting jointly.
(7) State.--The term ``State'' means the State of New
Mexico.
SEC. 3. LAND EXCHANGE.
(a) In General.--On conveyance by the landowner to the Secretary of
the Interior of the non-Federal land, title to which is acceptable to
the Secretary of the Interior--
(1) the Secretary of Agriculture shall, subject to the
conditions of this Act, convey to the landowner the Federal
land; and
(2) the Secretary of the Interior shall, subject to the
conditions of this Act, grant to the landowner the easement
described in subsection (b).
(b) Easement.--
(1) In general.--The easement referred to in subsection
(a)(2) is an easement (including an easement for service
access) for water pipelines to 2 well sites located in the
Park, as generally depicted on the map.
(2) Route.--The Secretary of the Interior, in consultation
with the landowner, shall determine the appropriate route of
the easement through the Park.
(3) Terms and conditions.--The easement shall include such
terms and conditions relating to the use of, and access to, the
well sites and pipeline, as the Secretary of the Interior, in
consultation with the landowner, determines to be appropriate.
(4) Applicable law.--The easement shall be established,
operated, and maintained in compliance with applicable Federal
law.
(c) Valuation, Appraisals, and Equalization.--
(1) In general.--The value of the Federal land and non-
Federal land--
(A) shall be equal, as determined by appraisals
conducted in accordance with paragraph (2); or
(B) if the value is not equal, shall be equalized
in accordance with paragraph (3).
(2) Appraisals.--
(A) In general.--The Federal land and non-Federal
land shall be appraised by an independent appraiser
selected by the Secretaries.
(B) Requirements.--An appraisal conducted under
subparagraph (A) shall be conducted in accordance
with--
(i) the Uniform Appraisal Standards for
Federal Land Acquisition; and
(ii) the Uniform Standards of Professional
Appraisal Practice.
(C) Approval.--The appraisals conducted under this
paragraph shall be submitted to the Secretaries for
approval.
(3) Equalization of values.--
(A) In general.--If the values of the non-Federal
land and the Federal land are not equal, the values may
be equalized by--
(i) the Secretary of the Interior making a
cash equalization payment to the landowner;
(ii) the landowner making a cash
equalization payment to the Secretary of
Agriculture; or
(iii) reducing the acreage of the non-
Federal land or the Federal land, as
appropriate.
(B) Cash equalization payments.--Any amounts
received by the Secretary of Agriculture as a cash
equalization payment under section 206(b) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716(b)) shall--
(i) be deposited in the fund established by
Public Law 90-171 (commonly known as the ``Sisk
Act'') (16 U.S.C. 484a); and
(ii) be available for expenditure, without
further appropriation, for the acquisition of
land and interests in land in the State.
(d) Costs.--Before the completion of the exchange under this
section, the Secretaries and the landowner shall enter into an
agreement that allocates the costs of the exchange among the
Secretaries and the landowner.
(e) Applicable Law.--Except as otherwise provided in this Act, the
exchange of land and interests in land under this Act shall be in
accordance with--
(1) section 206 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1716); and
(2) other applicable laws, including the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(f) Additional Terms and Conditions.--The Secretaries may require,
in addition to any requirements under this Act, such terms and
conditions relating to the exchange of Federal land and non-Federal
land and the granting of easements under this Act as the Secretaries
determine to be appropriate to protect the interests of the United
States.
(g) Completion of the Exchange.--
(1) In general.--The exchange of Federal land and non-
Federal land shall be completed not later than 180 days after
the later of--
(A) the date on which the requirements of the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) have been met;
(B) the date on which the Secretary of the Interior
approves the appraisals under subsection (c)(2)(C); or
(C) the date on which the Secretaries and the
landowner agree on the costs of the exchange and any
other terms and conditions of the exchange under this
section.
(2) Notice.--The Secretaries shall submit to the Committee
on Energy and Natural Resources of the Senate and the Committee
on Resources of the House of Representatives notice of the
completion of the exchange of Federal land and non-Federal land
under this Act.
SEC. 4. ADMINISTRATION.
(a) In General.--The Secretary of the Interior shall administer the
non-Federal land acquired under this Act in accordance with the laws
generally applicable to units of the National Park System, including
the Act of August 25, 1916 (commonly known as the ``National Park
Service Organic Act'') (16 U.S.C. 1 et seq.).
(b) Maps.--
(1) In general.--The map shall be on file and available for
public inspection in the appropriate offices of the
Secretaries.
(2) Transmittal of revised map to congress.--Not later than
180 days after completion of the exchange, the Secretaries
shall transmit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Resources of the House of
Representatives a revised map that depicts--
(A) the Federal land and non-Federal land exchanged
under this Act; and
(B) the easement described in section 3(b).
Passed the Senate October 10, 2004.
Attest:
EMILY J. REYNOLDS,
Secretary.