```

[Senate Report 108-373]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 732
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-373

======================================================================

 
        PECOS NATIONAL HISTORICAL PARK LAND EXCHANGE ACT OF 2004

                                _______
                                

               September 28, 2004.--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 S. 2622]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2622) 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 with an amendment and recommends that the 
bill, 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 ``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).

                         PURPOSE OF THE MEASURE

    The purpose of S. 2622 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 Historic 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. 2622 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. 2622 was introduced by Senator Bingaman for himself and 
Senator Domenici on July 8, 2004. The Subcommittee on Public 
Lands and Forests held a hearing on S. 2622 on July 21, 2004. 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 September 15, 2004, by a voice vote of 
a quorum present, recommends that the Senate pass S. 511, if 
amended as described herein.

                          COMMITTEE AMENDMENT

    The amendment adopted by the Committee made technical and 
clarifying changes to the legislation that clarify that the 
Secretary of the Interior, the Secretary of Agriculture, and 
the private landowner must all agree on the allocation of which 
party or parties will pay for the cost of the exchange and any 
other terms and conditions of the exchange.

                      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.

S. 2622--Pecos National Historical Park Land Exchange Act of 2004

    CBO estimates that implementing S. 2622 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. 2622 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. 2622 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. 2622 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 2005-2006 
period, assuming the availability of appropriated funds. We 
also estimate that federal costs for land management would not 
change significantly under S. 2622.
    S. 2622 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 Megan Carroll. 
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. 2622.
    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. 2622.

                        EXECUTIVE COMMUNICATIONS

    On July 21, 2004, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior, the Department of Agriculture, and the Office of 
Management and Budget setting forth Executive agency 
recommendations on S. 2622. These reports had not been received 
when this report was filed. When the reports become available, 
the Chairman will request that they be printed in the 
Congressional Record for the advice of the Senate. The 
testimony provided by the Department of the Interior at the 
Subcommittee hearing on S. 2622 follows:

  Statement of Mark Rey, National Forest System, Forest Service, U.S. 
                       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, Assistant Secretary for Lands and Minerals 
              Management, U.S. 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 sub- units, 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.''.
    I would be happy to answer any questions.

                        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. 2622 as ordered 
reported.

                                  

```