79–010

Calendar No. 851

106TH CONGRESS REPORT

2d Session " ! SENATE 106–429

PECOS NATIONAL HISTORICAL PARK LAND EXCHANGE ACT

OF 2000

SEPTEMBER 28 (legislative day, SEPTEMBER 22), 2000.—Ordered to be printed

Mr. MURKOWSKI, from the Committee on Energy and Natural

Resources, submitted the following

REPORT

[To accompany S. 2848]

The Committee on Energy and Natural Resources, to which was

referred the bill (S. 2848) to provide for a land exchange to benefit

the Pecos National Historical Park in 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 2000.’’

SEC. 2. DEFINITIONS.

As used in this Act—

(1) the term ‘‘Secretaries’’ means the Secretary of the Interior and the Secretary of Agriculture;

(2) the term ‘‘landowner’’ means Harold and Elisabeth Zuschlag, owners of

land within the Pecos National Historical Park, and;

(3) the term ‘‘map’’ means a map entitled ‘‘Proposed Land Exchange for Pecos

National Historical Park’’, numbered 430/80,054, and dated November 19, 1999,

revised September 18, 2000.

SEC. 3. LAND EXCHANGE.

(a) Upon the conveyance by the landowner to the Secretary of the Interior of the

lands identified in subsection (b), the Secretary of Agriculture shall convey the following lands and interests to the landowner, subject to the provisions of this Act:

(1) approximately 160 acres of Federal lands and interests therein within the

Santa Fe National Forest in the State of New Mexico, as generally depicted on

the map; and

(2) the Secretary of the Interior shall convey an easement for water pipelines

to two existing well sites, located within the Pecos National Historical Park, as

provided in this paragraph.

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(A) The Secretary of the Interior shall determine the appropriate route

of the easement through Pecos National Historical Park and such route

shall be a condition of the easement. The Secretary of the Interior may add

such additional terms and conditions relating to the use of the well and

pipeline granted under this easement as he deems appropriate.

(B) The easement shall be established, operated, and maintained in compliance with all Federal laws.

(b) The lands to be conveyed by the landowner to the Secretary of the Interior

comprise approximately 154 acres within the Pecos National Historical Park as generally depicted on the map.

(c) The Secretary of Agriculture shall convey the lands and interests identified in

subsection (a) only if the landowner conveys a deed of title to the United States,

that is acceptable to and approved by the Secretary of the Interior.

(d) TERMS AND CONDITIONS.—

(1) IN GENERAL.—Except as otherwise provided in this Act, the exchange of

lands and interests pursuant to this Act shall be in accordance with the provisions of section 206 of the Federal Land Policy and Management Act (43 U.S.C.

1716) and other applicable laws including the National Environmental Policy

Act (42 U.S.C. 4321 et seq.).

(2) VALUATION AND APPRAISALS.—The values of the lands and interests to be

exchanged pursuant to this Act shall be equal, as determined by appraisals

using nationally recognized appraisal standards including the Uniform Appraisal Standards for Federal Land Acquisition. The Secretaries shall obtain the

appraisals and insure they are conducted in accordance with the Uniform Appraisal Standards for Federal Land Acquisition. The appraisals shall be paid for

in accordance with the exchange agreement between the Secretaries and the

landowner.

(3) COMPLETION OF THE EXCHANGE.—The exchange of lands and interests pursuant to this Act shall be completed not later than 180 days after National Environmental Policy Act requirements have been met and after the Secretary of

the Interior approves the appraisals. The Secretaries shall report to the Committee on Energy and Natural Resources of the United States Senate and the

Committee on Resources of the United States House of Representatives upon

the successful completion of the exchange.

(4) ADDITIONAL TERMS AND CONDITIONS.—The Secretaries may require such

additional terms and conditions in connection with the exchange of lands and

interests pursuant to this Act as the Secretaries consider appropriate to protect

the interests of the United States

(5) EQUALIZATION OF VALUES.—

(A) The Secretary of Agriculture shall equalize the values of Federal land

conveyed under subsection (a) and the land conveyed to the Federal government under subsection (b)—

(i) by the payment of cash to the Secretary of Agriculture or the landowner, as appropriate, except that notwithstanding section 206(b) of

the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716

(b)), the Secretary of Agriculture may accept a cash equalization payment in excess of 25 percent of the value of the Federal land; or

(ii) if the value of the Federal land is greater than the land conveyed

to the Federal government, by reducing the acreage of the Federal land

conveyed.

(B) DISPOSITION OF FUNDS.—Any funds received by the Secretary of Agriculture as cash equalization payment from the exchange under this section

shall be deposited into the fund established by Public Law 90–171 (commonly known as the ‘‘Sisk Act’’) (16 U.S.C. 484a) and shall be available for

expenditure, without further appropriation, for the acquisition of land and

interests in the land in the State of New Mexico.

SEC. 4. BOUNDARY ADJUSTMENT AND MAPS.

(a) Upon acceptance of title by the Secretary of the Interior of the lands and interests conveyed to the United States pursuant to section 4 of this Act, the boundaries

of the Pecos National Historical Park shall be adjusted to encompass such lands.

The Secretary of the Interior shall administer such lands in accordance with the

provisions of law generally applicable to units of the National Park System, including the Act entitled ‘‘An Act to establish a National Park Service, and for other purposes’’, approved August 25, 1916 (16 U.S.C. 1, 2–4).

(b) The map shall be on file and available for public inspection in the appropriate

offices of the Secretaries.

(c) Not later than 180 days after completion of the exchange described in section

3, the Secretaries shall transmit the map accurately depicting the lands and interVerDate 11-MAY-2000 04:09 Sep 30, 2000 Jkt 079010 PO 00000 Frm 00002 Fmt 6659 Sfmt 6621 E:\HR\OC\SR429.XXX pfrm08 PsN: SR429
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ests conveyed to the Committee on Energy and Natural Resources of the United

States Senate and the Committee on Resources of the United States House of Representatives.

PURPOSE OF THE MEASURE

The purpose of S. 2848 is to provide for a land exchange to benefit the Pecos National Historical Park in New Mexico.

BACKGROUND AND NEED

Pecos National Historical Park in New Mexico preserves 12,000

years of history, including the ancient pueblo of Pecos, two Spanish

Colonial Missions, Santa Fe Trail sites, 20th century ranch history

of the Forked Lightning Ranch, and the site of the Civil War Battle

of Glorieta Pass. The park encompasses 6,600 acres.

The private owner of a 154-acre inholding within the park’s

Glorieta Unit desires to convey the property to the National Park

Service in exchange for a 160-acre tract in the nearby Santa Fe National Forest.

S. 2848 authorizes the exchange of land, and in addition provides

the landowner with an easement for water lines from two existing

well sites within the park.

LEGISLATIVE HISTORY

S. 2848 was introduced by Senator Bingaman on July 11, 2000.

The Subcommittee on National Parks, Historic Preservation and

Recreation held a hearing on S. 2848 on July 27, 2000. At the business meeting on September 20, 2000, the Committee on Energy

and Natural Resources ordered S. 2848, as amended, favorably reported.

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on September 20, 2000, by a unanimous vote of a

quorum present, recommends that the Senate pass S. 2848, if

amended as described herein.

COMMITTEE AMENDMENT

During the consideration of S. 2848, the Committee adopted an

amendment in the nature of a substitute. The amendment made

several technical and clarifying changes. In addition, the amendment added a provision requiring the land exchange to comply with

the National Environmental Policy Act, and authorized the Secretary of Agriculture to equalize the values of the conveyed lands

by accepting cash or reducing the acreage of the Federal lands conveyed.

SECTION-BY-SECTION ANALYSIS

Section 1 designates the bill’s short title.

Section 2 provides definitions for key terms used in the bill.

Section 3 authorizes an exchange of lands whereby the private

landowner of a specified 154-acre parcel within Pecos National Historical Park would convey the land to the Secretary of the Interior

in exchange for a specified 160-acre parcel of Federal land located

in the Sante Fe National Forest. In addition, the private landowner

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would receive an easement for water pipelines to two existing well

sites within Pecos National Historical Park. The value of the exchanged lands and interests must be equal.

Section 4 provides for adjustment of the boundaries of Pecos National Historical Park to encompass the conveyed lands and interests.

COST AND BUDGETARY CONSIDERATIONS

The Congressional Budget Office cost estimate report had not

been received at the time the report was filed. When the report becomes available, the Chairman will request that it be printed in

the Congressional Record for the advice of the Senate.

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. 2848. 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. 2848, as ordered reported.

EXECUTIVE COMMUNICATIONS

On September 15, 2000, the Committee on Energy and Natural

Resources requested legislative reports from the Department of the

Interior and the Office of Management and Budget setting forth

Executive agency recommendations on S. 2848. These reports had

not been received at the time the report on S. 2848 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 National Park Service and the U.S.

Forest Service at the Subcommittee hearing follows:

STATEMENT OF DENIS P. GALVIN, DEPUTY DIRECTOR,

NATIONAL PARK SERVICE, 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. 2848, a bill

to provide for a land exchange at Pecos National Historical

Park in New Mexico.

The Department supports this legislation with the

amendments outlined in this testimony. 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.

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

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who made their homes at a trading crossroads that became

a center of cultural change. This crossroads saw the effects

of Spanish colonization from the south and the movement

westward along the Santa Fe Trail by a variety of people

and cultures.

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.

Pecos NHP not only protects a story and remnants of

how this country changed and evolved, but also the resources in the natural environment needed by people

throughout the 12,000 years of human occupation. Of foremost importance 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

in and of themselves as well as vital to the park’s several

and overlapping 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 three hundred acres, preserves

sites of the Civil War action at Glorieta Pass. More than

half of the land in these units in privately owned, making

public access, preservation of resources, and protection of

property rights difficult. The lands proposed for exchange

in S. 2848 are in the Canoncito subunit, the westernmost

portion of the park.

S. 2848 proposes an exchange among the U.S. Forest

Service, National Park Service and a private landowner.

The private land owner 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. No environmental

analysis has been completed on this parcel.

Our recommended amendments are technical in nature,

which we believe would simplify and clarify responsibilities for the various parts of the exchanges as well as meet

deadlines to complete the process.

As presently worded, Section 3(a)(2) calls for the Secretary of Agriculture to convey an easement on land loVerDate 11-MAY-2000 04:09 Sep 30, 2000 Jkt 079010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6969 E:\HR\OC\SR429.XXX pfrm08 PsN: SR429
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cated within Pecos NHP. We recommend this be changed

to allow the Secretary of the Interior to convey the easement directly to the landowner. The easement would allow

the landowner to withdraw water from two existing wells

on the parcel that will be given to the National Park Service. We recommend that some parameters on the water

used from these wells be added to the bill to ensure the

adequate protection of park resources, such as limiting the

number of gallons per hour that can be withdrawn with a

total amount not to be exceeded in a given day, week, or

month.

We recommend that Section 3(d)(1) be clarified to provide specifically for compliance with the National Environmental Policy Act.

Section 3(d)(2) requires the landowner to pay for the appraisals of the two parcels. We recommend that this portion of the bill be modified to state that while the landowner will pay for the appraisals, the Department of Interior will obtain the appraisals. This would assure that the

appraisals are conducted in accordance with the Uniform

Appraisal Standards for Federal Land Acquisition and

allow quick acceptance of the property by the National

Park Service during the exchange.

Section 3(d)(3) requires the exchange to be completed

within 90 days. We believe that one year would be a more

realistic time. Shorter time periods could frustrate the exchange proposal if all of the necessary work to conduct the

exchange is not completed within the given time frame

such as the completion of the analysis to comply with the

National Environmental Policy Act. Also a longer time period would allow for an arbitrator to negotiate an agreement should the parties be unable to agree on the appraisal. We understand that the use of an arbitrator is required in 43 U.S.C. 1716(d).

We understand that the U.S. Forest Service has concerns relating to Section 3(d)(4) involving cash equalization

or an adjustment of acres if the value of National Forest

System land exceeds the value of the private lands exchanged, as well as the use of any funds received in a cash

equalization payment. We defer to the Forest Service to

provide you with their suggested language for this section.

We believe that the map referenced in the bill is insufficient for the purpose of this legislation. We are willing to

work with the subcommittee and the U.S. Forest Service

to provide the correct map.

We suggest that the bill include a provision for reporting

back to this subcommittee on the successful completion of

the exchange to help ensure that all parties have met and

bargained in good faith, and that every effort to complete

the exchange is completed in a timely manner.

S. 2848 does indeed benefit Pecos NHP. It 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.

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We look forward to working with the subcommittee and

Senator Bingaman. We will also continue to work with the

U.S. Forest Service to ensure that the final bill language

reflects the needs and interests of all parties to the exchange and completes that exchange in the most direct

manner.

That concludes my remarks. I would be happy to answer

any questions you may have.

STATEMENT OF THE U.S.D.A. FOREST SERVICE

Thank you for the opportunity to present our views on

S. 2848, a bill to provide for a land exchange to benefit the

Pecos National Historic Park, a unit of the National Park

Service. The bill would direct the Secretary of Agriculture

to convey approximately 160 acres located in the Santa Fe

National Forest in New Mexico to Harold and Elizabeth

Zuschlag in exchange for 154 acres owned by the

Zuschlags 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 to the Zuchlags are located on top of Glorieta Mesa

and have been identified as base and exchange in the

Santa Fe National Forest land and resource management

plan. The parcel is undeveloped and has relatively gentle

topography. We are concerned with the loss of lands available as a land exchange base on the National Forest. The

exchange base is effectively utilized to improve its land

ownership pattern and protect important natural resources. As part of our land exchange procedures, we

would complete and environmental analysis and public involvement process considering the proposal. Without lands

available for exchange, the Forest is limited in its ability

to complete priority land adjustments and must rely on appropriated funds to purchase lands.

The private properties to the west of these lands have

been developed and we anticipate development will occur

on the federal lands proposed in this exchange if transferred into private ownership. No resource analysis of the

property has been completed so we are unable to determine if any critical habitat, threatened and endangered

species, or cultural resources would be impacted. We are

also concerned with the potential impact of providing road

and utility access to the parcel once it is developed.

Using the discretion provided by the Secretaries of the

Interior and Agriculture under Section 3(d)(4), additional

terms and conditions in connection with the exchange of

lands and interests may be added as considered appropriate. Therefore, the environmental conditions of the

lands can be considered and the impacts of the exchange

evaluated in compliance with the National Environmental

Policy Act.

In addition to the amendments noted in the testimony of

the National Park Service regarding S. 2848, the DepartVerDate 11-MAY-2000 04:09 Sep 30, 2000 Jkt 079010 PO 00000 Frm 00007 Fmt 6659 Sfmt 6969 E:\HR\OC\SR429.XXX pfrm08 PsN: SR429
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ment of Agriculture would support the bill if section 3(d)(4)

is amended by adding paragraph (5):

‘‘(5)(A) EQUALIZATION OF VALUES.—The Secretary of

Agriculture shall equalize the values of Federal land

conveyed under subsection (a) and the land conveyed

to the Federal government under subsection (b)—

‘‘(i) by the payment of cash to the Secretary of

Agriculture or the landowner, as appropriate, except that notwithstanding section 206(b) of the

Federal Land Policy and Management Act of 1976

(43 U.S.C. 1716(b), the Secretary of Agriculture

may accept a cash equalization payment in excess

of 25 percent of the value of the Federal land; or

‘‘(ii) if the value of the Federal land is greater

than the land conveyed to the Federal government, by reducing the acreage of the Federal land

conveyed.

‘‘(B) DISPOSITION OF FUNDS.—Any funds received by

the Secretary of Agriculture as cash equalization payment from the exchange under this section shall be deposited into the fund established by Public Law 90–

171 (commonly known as the ‘‘Sick Act’’) (16 U.S.C.

484a) and shall be available for expenditure, without

further appropriation, for the acquisition of land and

interests in the land of in the State of New Mexico.

We look forward to working with the Subcommittee and

Senator Bingaman on this bill. We will also continue to

work with the National Park Service to ensure that the

final bill language reflects the needs and interests of all

parties to the exchange.

CHANGES IN EXISTING LAW

In compliance with paragraphs 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. 2848, as ordered reported.

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