II
Calendar No. 32
110th CONGRESS
1st Session
S. 216
[Report No. 110–7]
IN THE SENATE OF THE UNITED STATES
January 9, 2007
Mr. Bingaman (for himself and Mr. Domenici) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
February 15, 2007
Reported by Mr. Bingaman, without amendment
A BILL
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.
Short title
This Act may be cited as the
Pecos National Historical Park Land
Exchange Act of 2007
.
Definitions
In this Act:
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.
Landowner
The term landowner means the 1 or more owners of the non-Federal land.
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.
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.
Park
The term Park means the Pecos National Historical Park in the State.
Secretaries
The term Secretaries means the Secretary of the Interior and the Secretary of Agriculture, acting jointly.
State
The term State means the State of New Mexico.
Land exchange
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—
the Secretary of Agriculture shall, subject to the conditions of this Act, convey to the landowner the Federal land; and
the Secretary of the Interior shall, subject to the conditions of this Act, grant to the landowner the easement described in subsection (b).
Easement
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.
Route
The Secretary of the Interior, in consultation with the landowner, shall determine the appropriate route of the easement through the Park.
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.
Applicable law
The easement shall be established, operated, and maintained in compliance with applicable Federal law.
Valuation, Appraisals, and Equalization
In general
The value of the Federal land and non-Federal land—
shall be equal, as determined by appraisals conducted in accordance with paragraph (2); or
if the value is not equal, shall be equalized in accordance with paragraph (3).
Appraisals
In general
The Federal land and non-Federal land shall be appraised by an independent appraiser selected by the Secretaries.
Requirements
An appraisal conducted under subparagraph (A) shall be conducted in accordance with—
the Uniform Appraisal Standards for Federal Land Acquisition; and
the Uniform Standards of Professional Appraisal Practice.
Approval
The appraisals conducted under this paragraph shall be submitted to the Secretaries for approval.
Equalization of values
In general
If the values of the non-Federal land and the Federal land are not equal, the values may be equalized by—
the Secretary of the Interior making a cash equalization payment to the landowner;
the landowner making a cash equalization payment to the Secretary of Agriculture; or
reducing the acreage of the non-Federal land or the Federal land, as appropriate.
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—
be
deposited in the fund established by Public Law 90–171 (commonly known as the
Sisk Act
) (16 U.S.C. 484a); and
be available for expenditure, without further appropriation, for the acquisition of land and interests in land in the State.
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.
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—
section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716); and
other applicable laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
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.
Completion of the Exchange
In general
The exchange of Federal land and non-Federal land shall be completed not later than 180 days after the later of—
the date on which the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have been met;
the date on which the Secretary of the Interior approves the appraisals under subsection (c)(2)(C); or
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.
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.
Administration
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.).
Maps
In general
The map shall be on file and available for public inspection in the appropriate offices of the Secretaries.
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—
the Federal land and non-Federal land exchanged under this Act; and
the easement described in section 3(b).
February 15, 2007
Reported without amendment