I 

113TH CONGRESS 

1ST SESSION H. R. 2336 

To direct the Secretary of Agriculture to convey lands of the former Fort 

Bayard Military Reservation in Grant County, New Mexico, to the village 

of Santa Clara, the city of Bayard, or the county of Grant in that 

State, in tracts of not less than 40 acres, and at market price at 

its present state of use as agricultural grazing lands as determined 

by the Secretary, for business and community development, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 12, 2013 

Mr. PEARCE introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To direct the Secretary of Agriculture to convey lands of 

the former Fort Bayard Military Reservation in Grant 

County, New Mexico, to the village of Santa Clara, the 

city of Bayard, or the county of Grant in that State, 

in tracts of not less than 40 acres, and at market price 

at its present state of use as agricultural grazing lands 

as determined by the Secretary, for business and community development, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

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1 SECTION 1. CONVEYANCE OF LAND, FORMER FORT BAY2 ARD MILITARY RESERVATION, GRANT COUN3 TY, NEW MEXICO. 

4 (a) IN GENERAL.—Subject to this Act, the Secretary 

5 of Agriculture shall convey the lands described in sub6 section (b) to one or more eligible buyers for the purpose 

7 of business and community development. 

8 (b) LAND DESCRIBED.—The lands to be conveyed 

9 under subsection (a) are the following lands that were for10 merly part of the Fort Bayard Military Reservation, Grant 

11 County, New Mexico, comprising approximately 1,499 

12 acres, and are situated in sections: 

13 Township 17 South, Range 12 West, New Mex14 ico Principal Meridian. 

15 Section 30, all within the former Fort Bayard 

16 Military Reservation (31 acres more or less). 

17 Section 31, all within the former Fort Bayard 

18 Military Reservation (155 acres more or less). 

19 Township 17 South, Range 13 West, New Mex20 ico Principal Meridian. 

21 Section 34, all within the former Fort Bayard 

22 Military Reservation (584 acres more or less). 

23 Section 35, all within the former Fort Bayard 

24 Military Reservation less lands conveyed under other 

25 Federal authorities to the Village of Central (Santa 

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1 Clara), and the State of New Mexico (216 acres 

2 more or less). 

3 Section 36, all within the former Fort Bayard 

4 Military Reservation (513 acres more or less). 

5 (c) ELIGIBLE BUYERS.—For the purposes of this 

6 Act, eligible buyers are the village of Santa Clara, the city 

7 of Bayard, and the county of Grant in the State of New 

8 Mexico. 

9 SEC. 2. CONDITIONS. 

10 In making the conveyance under section 1, the Sec11 retary of Agriculture— 

12 (1) shall sell the land in tracts of not less than 

13 40 acres; 

14 (2) shall require as consideration for the land 

15 the market price of the land in its present state of 

16 use as agricultural grazing lands as determined by 

17 the Secretary; 

18 (3) shall protect all valid existing rights; 

19 (4) shall reserve easements for existing facilities 

20 such as roads, telephone lines, pipelines, electric 

21 power transmission lines, or other facilities or im22 provements in place; 

23 (5) shall reserve such easements for roads as 

24 the Secretary of Agriculture finds necessary to asmstockstill on DSK4VPTVN1PROD with BILLS

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1 sure access to lands of the United States or to meet 

2 public needs; and 

3 (6) may contain such additional terms, condi4 tions, reservations, and restrictions as may be deter5 mined by the Secretary of Agriculture to be nec6 essary to protect the interests of the United States. 

7 SEC. 3. APPROVAL OF ALL PARTIES REQUIRED FOR CON8 VEYANCE. 

9 The Secretary of Agriculture shall not make a con10 veyance under this Act to any one of the eligible buyers, 

11 without written approval of the two nonacquiring eligible 

12 buyers. 

13 SEC. 4. HISTORIC OR PREHISTORIC SITES. 

14 If historic or prehistoric cultural properties are lo15 cated upon the lands to be conveyed under section 1, the 

16 Secretary of Agriculture shall be responsible for the costs 

17 and recovery of these sites and shall do so in a timely 

18 manner so as not to unduly restrict future use of the se19 lected lands by the acquiring party. The Secretary may, 

20 at the Secretary’s discretion, use a deed reservation to re21 tain historic or prehistoric properties in the ownership of 

22 the United States instead of site recovery, if agreeable to 

23 the acquiring party. 

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1 SEC. 5. SALE OF MINERAL INTERESTS. 

2 (a) INCLUSION IN CONVEYANCE.—Upon application 

3 by the acquiring party, all the undivided mineral interest 

4 of the United States in any parcel or tract sold pursuant 

5 to this Act shall be conveyed to the acquiring party or 

6 its successor in title by the Secretary of the Interior. In 

7 areas where the Secretary of the Interior determines that 

8 there is no active mineral development or leasing, and that 

9 the lands have no mineral value, the mineral interests cov10 ered by a single application shall be sold for a consider11 ation of $1. In other areas the mineral interests shall be 

12 sold at the fair market value thereof as determined by the 

13 Secretary of the Interior after taking into consideration 

14 such appraisals as the Secretary of the Interior deems nec15 essary or appropriate. 

16 (b) ADMINISTRATIVE COSTS.— 

17 (1) DEPOSIT AND PAYMENT.—Each application 

18 for a conveyance to be made under this Act shall be 

19 accompanied by a nonrefundable deposit to be ap20 plied to related administrative costs as determined 

21 by the Secretary of the Interior. If the conveyance 

22 is made pursuant to an application, the applicant 

23 shall pay to the Secretary of the Interior the full ad24 ministrative costs, less the deposit. If a conveyance 

25 is not made pursuant to the application, the deposit 

26 shall constitute full satisfaction of such administramstockstill on DSK4VPTVN1PROD with BILLS

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1 tive costs notwithstanding that the administrative 

2 costs exceed the deposit. 

3 (2) DEFINITION.—For the purposes of this sec4 tion, the term ‘‘administrative costs’’ includes, in ad5 dition to other items, all costs that the Secretary of 

6 the Interior determines are included in a determina7 tion of— 

8 (A) the mineral character of the land in 

9 question; and 

10 (B) the fair market value of the mineral 

11 interest. 

12 (c) AMOUNTS PAID INTO TREASURY.—Amounts paid 

13 to the Secretary of the Interior under this section shall 

14 be paid into the Treasury of the United States as miscella15 neous receipts. 

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