II

Calendar No. 851

106TH CONGRESS

2D SESSION S. 2848

[Report No. 106–429]

To provide for a land exchange to benefit the Pecos National Historical

Park in New Mexico.

IN THE SENATE OF THE UNITED STATES

JULY 11, 2000

Mr. BINGAMAN introduced the following bill; which was read twice and

referred to the Committee on Energy and Natural Resources

SEPTEMBER 28 (legislative day, SEPTEMBER 22), 2000

Reported by Mr. MURKOWSKI, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To provide for a land exchange to benefit the Pecos National

Historical Park in New Mexico.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Pecos National Histor5 ical Park Land Exchange Act of 2000’’.
2

S 2848 RS

1 SEC. 2. DEFINITIONS.

2 As used in this Act—

3 (1) the term ‘‘Secretaries’’ means the Secretary

4 of the Interior and the Secretary of Agriculture;

5 (2) the term ‘‘landowner’’ means Harold and

6 Elizabeth Zuschlag, owners of land within the Pecos

7 National Historical Park; and

8 (3) the term ‘‘map’’ means a map entitled

9 ‘‘Pecos National Historical Park Land Exchange’’

10 and dated June 27, 2000.

11 SEC. 3. LAND EXCHANGE.

12 (a) Upon the conveyance by the landowner to the Sec13 retary of the Interior of the lands identified in subsection

14 (b), the Secretary of Agriculture shall convey the following

15 lands and interests to the landowner, subject to the provi16 sions of this Act:

17 (1) approximately 160 acres of Federal lands

18 and interests therein within the Santa Fe National

19 Forest in the State of New Mexico, as generally de20 picted on the map; and

21 (2) an easement for water pipelines to two ex22 isting well sites, located within the Pecos National

23 Historical Park, as provided in this paragraph.

24 (A) The Secretary of the Interior shall de25 termine the appropriate route of the easement

26 through Pecos National Historical Park and
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S 2848 RS

1 such route shall be a condition of the easement.

2 The Secretary of the Interior may add such ad3 ditional terms and conditions to the easement

4 as he deems appropriate.

5 (B) The easement shall be established, op6 erated, and maintained in compliance with all

7 Federal laws.

8 (b) The lands to be conveyed by the landowner to the

9 Secretary of the Interior comprise approximately 154

10 acres within the Pecos National Historical Park as gen11 erally depicted on the map.

12 (c) The Secretary of Agriculture shall convey the

13 lands and interests identified in subsection (a) only if the

14 landowner conveys a deed of title to the United States,

15 that is acceptable to and approved by the Secretary of the

16 Interior.

17 (d) TERMS AND CONDITIONS.—

18 (1) IN GENERAL.—Except as otherwise pro19 vided in this Act, the exchange of lands and inter20 ests pursuant to this Act shall be in accordance with

21 the provisions of section 206 of the Federal Land

22 Policy and Management Act (43 U.S.C. 1716) and

23 other applicable laws.

24 (2) VALUATION AND APPRAISALS.—The values

25 of the lands and interests to be exchanged pursuant
4

S 2848 RS

1 to this Act shall be equal, as determined by apprais2 als using nationally recognized appraisal standards

3 including the Uniform Appraisal Standards for Fed4 eral Land Acquisition. The landowner shall pay the

5 cost of the appraisals.

6 (3) COMPLETION OF THE EXCHANGE.—The ex7 change of lands and interests pursuant to this Act

8 shall be completed not later than 90 days after the

9 Secretary of the Interior approves the appraisals.

10 (4) ADDITIONAL TERMS AND CONDITIONS.—

11 The Secretaries may require such additional terms

12 and conditions in connection with the exchange of

13 lands and interests pursuant to this Act as the Sec14 retaries consider appropriate to protect the interests

15 of the United States.

16 SEC. 4. BOUNDARY ADJUSTMENT AND MAPS.

17 (a) Upon acceptance of title by the Secretary of the

18 Interior of the lands and interests conveyed to the United

19 States pursuant to section 4 of this Act, the boundaries

20 of the Pecos National Historical Park shall be adjusted

21 to encompass such lands. The Secretary of the Interior

22 shall administer such lands in accordance with the provi23 sions of law generally applicable to units of the National

24 Park System, including the Act entitled ‘‘An Act to estab-
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1 lish a National Park Service, and for other purposes’’, ap2 proved August 25, 1916 (16 U.S.C. 1, 2–4).

3 (b) The map shall be on file and available for public

4 inspection in the appropriate offices of the Secretaries.

5 (c) Not later than 180 days after completion of the

6 exchange described in section 3, the Secretaries shall

7 transmit the map accurately depicting the lands and inter8 ests conveyed to the Committee on Energy and Natural

9 Resources of the United States Senate and the Committee

10 on Resources of the United States House of Representa11 tives.

12 SECTION 1. SHORT TITLE.

13 This Act may be cited as the ‘‘Pecos National Histor14 ical Park Land Exchange Act of 2000’’.

15 SEC. 2. DEFINITIONS.

16 As used in this Act—

17 (1) the term ‘‘Secretaries’’ means the Secretary

18 of the Interior and the Secretary of Agriculture;

19 (2) the term ‘‘landowner’’ means Harold and

20 Elisabeth Zuschlag, owners of land within the Pecos

21 National Historical Park; and

22 (3) the term ‘‘map’’ means a map entitled ‘‘Pro23 posed Land Exchange for Pecos National Historical

24 Park’’, numbered 430/80,054, and dated November 19,

25 1999, revised September 18, 2000.
6

S 2848 RS

1 SEC. 3. LAND EXCHANGE.

2 (a) Upon the conveyance by the landowner to the Sec3 retary of the Interior of the lands identified in subsection

4 (b), the Secretary of Agriculture shall convey the following

5 lands and interests to the landowner, subject to the provi6 sions of this Act:

7 (1) Approximately 160 acres of Federal lands

8 and interests therein within the Santa Fe National

9 Forest in the State of New Mexico, as generally de10 picted on the map; and

11 (2) The Secretary of the Interior shall convey an

12 easement for water pipelines to two existing well sites,

13 located within the Pecos National Historical Park, as

14 provided in this paragraph.

15 (A) The Secretary of the Interior shall de16 termine the appropriate route of the easement

17 through Pecos National Historical Park and

18 such route shall be a condition of the easement.

19 The Secretary of the Interior may add such ad20 ditional terms and conditions relating to the use

21 of the well and pipeline granted under this ease22 ment as he deems appropriate.

23 (B) The easement shall be established, oper24 ated, and maintained in compliance with all

25 Federal laws.
7

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1 (b) The lands to be conveyed by the landowner to the

2 Secretary of the Interior comprise approximately 154 acres

3 within the Pecos National Historical Park as generally de4 picted on the map.

5 (c) The Secretary of Agriculture shall convey the lands

6 and interests identified in subsection (a) only if the land7 owner conveys a deed of title to the United States, that is

8 acceptable to and approved by the Secretary of the Interior.

9 (d) TERMS AND CONDITIONS.—

10 (1) IN GENERAL.—Except as otherwise provided

11 in this Act, the exchange of lands and interests pursu12 ant to this Act shall be in accordance with the provi13 sions of section 206 of the Federal Land Policy and

14 Management Act (43 U.S.C. 1716) and other applica15 ble laws including the National Environmental Policy

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

17 (2) VALUATION AND APPRAISALS.—The values of

18 the lands and interests to be exchanged pursuant to

19 this Act shall be equal, as determined by appraisals

20 using nationally recognized appraisal standards in21 cluding the Uniform Appraisal Standards for Federal

22 Land Acquisition. The Secretaries shall obtain the

23 appraisals and insure they are conducted in accord24 ance with the Uniform Appraisal Standards for Fed25 eral Land Acquisition. The appraisals shall be paid
8

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1 for in accordance with the exchange agreement be2 tween the Secretaries and the landowner.

3 (3) COMPLETION OF THE EXCHANGE.—The ex4 change of lands and interests pursuant to this Act

5 shall be completed not later than 180 days after Na6 tional Environmental Policy Act requirements have

7 been met and after the Secretary of the Interior ap8 proves the appraisals. The Secretaries shall report to

9 the Committee on Energy and Natural Resources of

10 the United States Senate and the Committee on Re11 sources of the United States House of Representatives

12 upon the successful completion of the exchange.

13 (4) ADDITIONAL TERMS AND CONDITIONS.—The

14 Secretaries may require such additional terms and

15 conditions in connection with the exchange of lands

16 and interests pursuant to this Act as the Secretaries

17 consider appropriate to protect the interests of the

18 United States.

19 (5) EQUALIZATION OF VALUES.—

20 (A) The Secretary of Agriculture shall

21 equalize the values of Federal land conveyed

22 under subsection (a) and the land conveyed to

23 the Federal Government under subsection (b)—

24 (i) by the payment of cash to the Sec25 retary of Agriculture or the landowner, as
9

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1 appropriate, except that notwithstanding

2 section 206(b) of the Federal Land Policy

3 and Management Act of 1976 (43 U.S.C.

4 1716(b)), the Secretary of Agriculture may

5 accept a cash equalization payment in ex6 cess of 25 percent of the value of the Federal

7 land; or

8 (ii) if the value of the Federal land is

9 greater than the land conveyed to the Fed10 eral government, by reducing the acreage of

11 the Federal land conveyed.

12 (B) DISPOSITION OF FUNDS.—Any funds

13 received by the Secretary of Agriculture as cash

14 equalization payment from the exchange under

15 this section shall be deposited into the fund es16 tablished by Public Law 90–171 (commonly

17 known as the ‘‘Sisk Act’’) (16 U.S.C. 484a) and

18 shall be available for expenditure, without fur19 ther appropriation, for the acquisition of land

20 and interests in the land in the State of New

21 Mexico.

22 SEC. 4. BOUNDARY ADJUSTMENT AND MAPS.

23 (a) Upon acceptance of title by the Secretary of the

24 Interior of the lands and interests conveyed to the United

25 States pursuant to section 4 of this Act, the boundaries of
10

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1 the Pecos National Historical Park shall be adjusted to en2 compass such lands. The Secretary of the Interior shall ad3 minister such lands in accordance with the provisions of

4 law generally applicable to units of the National Park Sys5 tem, including the Act entitled ‘‘An Act to establish a Na6 tional Park Service, and for other purposes’’, approved Au7 gust 25, 1916 (16 U.S.C. 1, 2–4).

8 (b) The map shall be on file and available for public

9 inspection in the appropriate offices of the Secretaries.

10 (c) Not later than 180 days after completion of the ex11 change described in section 3, the Secretaries shall transmit

12 the map accurately depicting the lands and interests con13 veyed to the Committee on Energy and Natural Resources

14 of the United States and the Committee on Resources of the

15 United States House of Representatives.

Calendar No. 851

106TH CONGRESS

2D SESSION S. 2848

[Report No. 106–429]

A BILL

To provide for a land exchange to benefit the Pecos

National Historical Park in New Mexico.

SEPTEMBER 28 (legislative day, SEPTEMBER 22), 2000

Reported with an amendment