II 

Calendar No. 555 

109TH CONGRESS 

2D SESSION H. R. 482 

[Report No. 109–312] 

IN THE SENATE OF THE UNITED STATES 

APRIL 13, 2005 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

JULY 31, 2006 

Reported by Mr. DOMENICI, with an amendment 

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

AN ACT 

To provide for a land exchange involving Federal lands in 

the Lincoln National Forest in the State of New Mexico, 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pine Springs Land 

5 Exchange Act’’. 


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1 SEC. 2. LAND EXCHANGE, LINCOLN NATIONAL FOREST, 

2 NEW MEXICO. 

3 (a) DEFINITIONS.—In this section: 

4 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

5 means the three parcels of land, and any improve6 ments thereon, comprising approximately 80 acres in 

7 the Lincoln National Forest, New Mexico, as de8 picted on the map entitled ‘‘Pine Springs Land Ex9 change’’ and dated May 25, 2004, and more particu10 larly described as S1/2SE1/4NW1/4, SW1/4SW1/4, 

11 W1/2E1/2NW1/4SW1/4, and E1/2W1/2NW1/4SW1/ 

12 4 of section 32 of township 17 south, range 13 east, 

13 New Mexico Principal Meridian. 

14 (2) NON-FEDERAL LAND.—The term ‘‘non-Fed15 eral land’’ means the parcel of land owned by Lub16 bock Christian University comprising approximately 

17 80 acres, as depicted on the map referred to in para18 graph (1) and more particularly described as N1/ 

19 2NW1/4 of section 24 of township 17 south, range 

20 12 east, New Mexico Principal Meridian. 

21 (b) LAND EXCHANGE REQUIRED.— 

22 (1) EXCHANGE.—In exchange for the convey23 ance of the non-Federal land by Lubbock Christian 

24 University, the Secretary of Agriculture shall convey 

25 to Lubbock Christian University, by quit-claim deed, 

26 all right, title, and interest of the United States in 


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1 and to the Federal land. The conveyance of the Fed2 eral land shall be subject to valid existing rights and 

3 such additional terms and conditions as the Sec4 retary considers appropriate to protect the interests 

5 of the United States. 

6 (2) ACCEPTABLE TITLE.—Title to the non-Fed7 eral land shall conform with the title approval stand8 ards of the Attorney General applicable to Federal 

9 land acquisitions and shall otherwise be acceptable 

10 to the Secretary. 

11 (3) COSTS OF IMPLEMENTING THE EX12 CHANGE.—The costs of implementing the land ex13 change shall be shared equally by the Secretary and 

14 Lubbock Christian University. 

15 (4) COMPLETION.—Subject to paragraph (2), 

16 the Secretary shall complete, to the extent prac17 ticable, the land exchange not later than 180 days 

18 after the date of the enactment of this Act. 

19 (c) TREATMENT OF MAP AND LEGAL DESCRIP20 TIONS.—The Secretary and Lubbock Christian University 

21 may correct any minor error in the map referred to in 

22 subsection (a)(1) or the legal descriptions of the Federal 

23 land and non-Federal land. In the event of a discrepancy 

24 between the map and legal descriptions, the map shall pre25 vail unless the Secretary and Lubbock Christian UniverVerDate Aug 31 2005 03:40 Aug 01, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\H482.RS H482

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1 sity otherwise agree. The map shall be on file and available 

2 for inspection in the Office of the Chief of the Forest Serv3 ice and the Office of the Supervisor of Lincoln National 

4 Forest. 

5 (d) EQUAL VALUE EXCHANGES.—The fair market 

6 values of the Federal land and non-Federal land ex7 changed under subsection (b) shall be equal or, if they 

8 are not equal, shall be equalized in the manner provided 

9 in section 206 of the Federal Land Policy Management 

10 Act of 1976 (43 U.S.C. 1716). The fair market value of 

11 the land shall be determined by appraisals acceptable to 

12 the Secretary and Lubbock Christian University. The ap13 praisals shall be performed in conformance with sub14 section (d) of such section and the Uniform Appraisal 

15 Standards for Federal Land Acquisitions. 

16 (e) REVOCATION AND WITHDRAWAL.— 

17 (1) REVOCATION OF ORDERS.—Any public or18 ders withdrawing any of the Federal land from ap19 propriation or disposal under the public land laws 

20 are revoked to the extent necessary to permit dis21 posal of the Federal land. 

22 (2) WITHDRAWAL OF FEDERAL LAND.—Subject 

23 to valid existing rights, pending the completion of 

24 the land exchange, the Federal land is withdrawn 

25 from all forms of location, entry and patent under 


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1 the public land laws, including the mining and min2 eral leasing laws and the Geothermal Steam Act of 

3 1970 (30 U.S.C. 1001 et seq.). 

4 (f) ADMINISTRATION OF LAND ACQUIRED BY

5 UNITED STATES.— 

6 (1) BOUNDARY ADJUSTMENT.—Upon accept7 ance of title by the Secretary of the non-Federal 

8 land, the acquired land shall become part of the Lin9 coln National Forest, and the boundaries of the Lin10 coln National Forest shall be adjusted to include the 

11 land. For purposes of section 7 of the Land and 

12 Water Conservation Fund Act of 1965 (16 U.S.C. 

13 460l–9), the boundaries of the Lincoln National 

14 Forest, as adjusted pursuant to this paragraph, 

15 shall be considered to be boundaries of the Lincoln 

16 National Forest as of January 1, 1965. 

17 (2) MANAGEMENT.—The Secretary shall man18 age the acquired land in accordance with the Act of 

19 March 1, 1911 (commonly known as the Weeks Act; 

20 16 U.S.C. 480, 500, 513–519, 521, 552, 563), and 

21 in accordance with the other laws and regulations 

22 applicable to National Forest System lands. 

23 (g) RELATION TO OTHER LAWS.—Subchapters II 

24 and III of chapter 5 of title 40, United States Code, and 


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1 the Agriculture Property Management Regulations shall 

2 not apply to any action taken pursuant to this section. 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pine Springs Land Ex5 change Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

9 means the 3 parcels of Forest land (including any 

10 improvements on the land), comprising approxi11 mately 80 acres, as depicted on the map. 

12 (2) FOREST.—The term ‘‘Forest’’ means the Lin13 coln National Forest in the State of New Mexico. 

14 (3) MAP.—The term ‘‘map’’ means the map enti15 tled ‘‘Pine Springs Land Exchange’’ and dated May 

16 25, 2004. 

17 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed18 eral land’’ means the parcel of University land com19 prising approximately 80 acres, as depicted on the 

20 map. 

21 (5) SECRETARY.—The term ‘‘Secretary’’ means 

22 the Secretary of Agriculture. 

23 (6) UNIVERSITY.—The term ‘‘University’’ means 

24 Lubbock Christian University in the State of New 

25 Mexico. 


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1 SEC. 3. LAND EXCHANGE. 

2 (a) IN GENERAL.—In exchange for the conveyance to 

3 the Secretary of the non-Federal land by the University, 

4 the Secretary shall convey to the University, by quitclaim 

5 deed, all right, title, and interest of the United States in 

6 and to the Federal land. 

7 (b) MAP.— 

8 (1) AVAILABILITY OF MAP.—The map shall be on 

9 file and available for inspection in— 

10 (A) the Office of the Chief of the Forest 

11 Service; and 

12 (B) the Office of the Supervisor of Lincoln 

13 National Forest. 

14 (2) MINOR ERRORS.—The Secretary and the 

15 University may correct any minor errors in the map. 

16 SEC. 4. EXCHANGE TERMS AND CONDITIONS. 

17 (a) IN GENERAL.—The conveyance of Federal land 

18 under section 3(a) shall be subject to— 

19 (1) any valid existing rights; and 

20 (2) any additional terms and conditions that the 

21 Secretary determines to be appropriate to protect the 

22 interests of the United States. 

23 (b) ACCEPTABLE TITLE.—Title to the non-Federal 

24 land shall— 


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1 (1) conform with the title approval standards of 

2 the Attorney General applicable to Federal land ac3 quisitions; and 

4 (2) otherwise be acceptable to the Secretary. 

5 (c) COMPLIANCE WITH FEDERAL LAND POLICY AND

6 MANAGEMENT ACT.—The land exchange authorized under 

7 section 3(a) shall be carried out in accordance with section 

8 206 of the Federal Land Policy and Management Act of 

9 1976 (43 U.S.C. 1716). 

10 (d) COSTS.—The costs of carrying out the exchange of 

11 Federal land and non-Federal land shall be shared equally 

12 by the Secretary and the University. 

13 SEC. 5. MISCELLANEOUS PROVISIONS. 

14 (a) REVOCATION AND WITHDRAWAL.— 

15 (1) REVOCATION OF ORDERS.—Any public orders 

16 withdrawing any of the Federal land from appropria17 tion or disposal under the public land laws are re18 voked to the extent necessary to permit disposal of the 

19 Federal land in accordance with this Act. 

20 (2) WITHDRAWAL OF FEDERAL LAND.—Subject 

21 to valid existing rights, pending the completion of the 

22 land exchange under section 3(a), the Federal land is 

23 withdrawn from all forms of location, entry, and pat24 ent under the public land laws, including— 


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1 (A) the mining and mineral leasing laws; 

2 and 

3 (B) the Geothermal Steam Act of 1970 (30 

4 U.S.C. 1001 et seq.). 

5 (b) ADMINISTRATION OF LAND ACQUIRED BY THE

6 UNITED STATES.— 

7 (1) BOUNDARY ADJUSTMENT.—On acceptance of 

8 title by the Secretary to the non-Federal land— 

9 (A) the non-Federal land shall become part 

10 of the Forest; and 

11 (B) the boundaries of the Forest shall be ad12 justed to include the acquired land. 

13 (2) LAND AND WATER CONSERVATION FUND.— 

14 For purposes of section 7 of the Land and Water Con15 servation Fund Act of 1965 (16 U.S.C. 460l–9), the 

16 boundaries of the Forest, as modified under para17 graph (1), shall be considered to be boundaries of the 

18 Forest as of January 1, 1965. 

19 (3) MANAGEMENT.—The Secretary shall manage 

20 the non-Federal land acquired under section 3(a) in 

21 accordance with— 

22 (A) the Act of March 1, 1911 (commonly 

23 known as the ‘‘Weeks Law’’) (16 U.S.C. 480 et 

24 seq.); and 


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1 (B) any other laws (including regulations) 

2 applicable to National Forest System land. 

3 (c) DUTIES OF SECRETARY.—In exercising any discre4 tion necessary to carry out this Act, the Secretary shall en5 sure that the public interest is well served. 


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Calendar No. 555 

109TH CONGRESS 

2D SESSION H. R. 482 

[Report No. 109

–312] 

AN ACT 

To provide for a land exchange involving Federal 

of New Mexico, and for other purposes. lands in the Lincoln National Forest in the State 

JULY 31, 2006 

Reported with an amendment 


ccoleman on PROD1PC71 with BILLS