II 

Calendar No. 732 

108TH CONGRESS 

2D SESSION S. 2622 

[Report No. 108–373] 

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. 

IN THE SENATE OF THE UNITED STATES 

JULY 8, 2004 

Mr. BINGAMAN (for himself and Mr. DOMENICI) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

SEPTEMBER 28, 2004 

Reported by Mr. DOMENICI, with an amendment 

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

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•S 2622 RS 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Pecos National Histor3 ical Park Land Exchange Act of 2004’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

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

7 means the approximately 160 acres of Federal land 

8 within the Santa Fe National Forest in the State, 

9 as depicted on the map. 

10 (2) LANDOWNER.—The term ‘‘landowner’’ 

11 means the 1 or more owners of the non-Federal 

12 land. 

13 (3) MAP.—The term ‘‘map’’ means the map en14 titled ‘‘Proposed Land Exchange for Pecos National 

15 Historical Park’’, numbered 430/80,054, dated No16 vember 19, 1999, and revised September 18, 2000. 

17 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed18 eral land’’ means the approximately 154 acres of 

19 non-Federal land in the Park, as depicted on the 

20 map. 

21 (5) PARK.—The term ‘‘Park’’ means the Pecos 

22 National Historical Park in the State. 

23 (6) SECRETARIES.—The term ‘‘Secretaries’’ 

24 means the Secretary of the Interior and the Sec25 retary of Agriculture, acting jointly. 
3 

•S 2622 RS 

1 (7) STATE.—The term ‘‘State’’ means the State 

2 of New Mexico. 

3 SEC. 3. LAND EXCHANGE. 

4 (a) IN GENERAL.—On conveyance by the landowner 

5 to the Secretary of the Interior of the non-Federal land, 

6 title to which is acceptable to the Secretary of the Interior. 

7 (1) the Secretary of Agriculture shall, subject 

8 to the conditions of this Act, convey to the land9 owner the Federal land; and 

10 (2) the Secretary of the Interior shall, subject 

11 to the conditions of this Act, grant to the landowner 

12 the easement described in subsection (b). 

13 (b) EASEMENT.— 

14 (1) IN GENERAL.—The easement referred to in 

15 subsection (a)(2) is an easement (including an ease16 ment for service access) for water pipelines to 2 well 

17 sites located in the Park, as generally depicted on 

18 the map. 

19 (2) ROUTE.—The Secretary of the Interior, in 

20 consultation with the landowner, shall determine the 

21 appropriate route of the easement through the Park. 

22 (3) TERMS AND CONDITIONS.—The easement 

23 shall include such terms and conditions relating to 

24 the use of, and access to, the well sites and pipeline, 
4 

•S 2622 RS 

1 as the Secretary of the Interior, in consultation with 

2 the landowner, determines to be appropriate. 

3 (4) APPLICABLE LAW.—The easement shall be 

4 established, operated, and maintained in compliance 

5 with applicable Federal law. 

6 (c) VALUATION, APPRAISALS, AND EQUALIZATION.— 

7 (1) IN GENERAL.—The value of the Federal 

8 land and non-Federal land— 

9 (A) shall be equal, as determined by ap10 praisals conducted in accordance with para11 graph (2); or 

12 (B) if the value is not equal, shall be 

13 equalized in accordance with paragraph (3). 

14 (2) APPRAISALS.— 

15 (A) IN GENERAL.—The Federal land and 

16 non-Federal land shall be appraised by an inde17 pendent appraiser selected by the Secretaries. 

18 (B) REQUIREMENTS.—An appraisal con19 ducted under subparagraph (A) shall be con20 ducted in accordance with— 

21 (i) the Uniform Appraisal Standards 

22 for Federal Land Acquisition; and 

23 (ii) the Uniform Standards of Profes24 sional Appraisal Practice. 
5 

•S 2622 RS 

1 (C) APPROVAL.—The appraisals conducted 

2 under this paragraph shall be submitted to the 

3 Secretary of the Interior for approval. 

4 (3) EQUALIZATION OF VALUES.— 

5 (A) IN GENERAL.—If the values of the 

6 non-Federal land and the Federal land are not 

7 equal, the values may be equalized by— 

8 (i) the Secretary of the Interior mak9 ing a cash equalization payment to the 

10 landowner; 

11 (ii) the landowner making a cash 

12 equalization payment to the Secretary of 

13 Agriculture; or 

14 (iii) reducing the acreage of the non15 Federal land or the Federal land, as ap16 propriate. 

17 (B) CASH EQUALIZATION PAYMENTS.— 

18 Any amounts received by the Secretary of Agri19 culture as a cash equalization payment under 

20 section 206(b) of the Federal Land Policy and 

21 Management Act of 1976 (43 U.S.C. 1716(b)) 

22 shall— 

23 (i) be deposited in the fund estab24 lished by Public Law 90–171 (commonly 
6 

•S 2622 RS 

1 known as the ‘‘Sisk Act’’) (16 U.S.C. 

2 484a); and 

3 (ii) be available for expenditure, with4 out further appropriation, for the acquisi5 tion of land and interests in land in the 

6 State. 

7 (d) COSTS.—Before the completion of the exchange 

8 under this section, the Secretaries and the landowner shall 

9 enter into an agreement that allocates the costs of the ex10 change between the Secretaries and the landowner. 

11 (e) APPLICABLE LAW.—Except as otherwise provided 

12 in this Act, the exchange of land and interests in land 

13 under this Act shall be in accordance with— 

14 (1) section 206 of the Federal Land Policy and 

15 Management Act of 1976 (43 U.S.C. 1716); and 

16 (2) other applicable laws, including the Na17 tional Environmental Policy Act of 1969 (42 U.S.C. 

18 4321 et seq.). 

19 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec20 retaries may require, in addition to any requirements 

21 under this Act, such terms and conditions relating to the 

22 exchange of Federal land and non-Federal land and the 

23 granting of easements under this Act as the Secretaries 

24 determine to be appropriate to protect the interests of the 

25 United States. 
7 

•S 2622 RS 

1 (g) COMPLETION OF THE EXCHANGE.— 

2 (1) IN GENERAL.—The exchange of Federal 

3 land and non-Federal land shall be completed not 

4 later than 180 days after the later of— 

5 (A) the date on which the requirements of 

6 the National Environmental Policy Act of 1969 

7 (42 U.S.C. 4321 et seq.) have been met; or 

8 (B) the date on which the Secretary of the 

9 Interior approves the appraisals under sub10 section (c)(2)(C). 

11 (2) NOTICE.—The Secretaries shall submit to 

12 Committee on Energy and Natural Resources of the 

13 Senate and the Committee on Resources of the 

14 House of Representatives notice of the completion of 

15 the exchange of Federal land and non-Federal land 

16 under this Act. 

17 SEC. 4. ADMINISTRATION. 

18 (a) IN GENERAL.—The Secretary of the Interior shall 

19 administer the non-Federal land acquired under this Act 

20 in accordance with the laws generally applicable to units 

21 of the National Park System, including the Act of August 

22 25, 1916 (commonly known as the ‘‘National Park Service 

23 Organic Act’’) (16 U.S.C. 1 et seq.). 

24 (b) MAPS.— 
8 

•S 2622 RS 

1 (1) IN GENERAL.—The map shall be on file and 

2 available for public inspection in the appropriate of3 fices of the Secretaries. 

4 (2) TRANSMITTAL OF REVISED MAP TO CON5 GRESS.—Not later than 180 days after completion 

6 of the exchange, the Secretaries shall transmit to the 

7 Committee on Energy and Natural Resources of the 

8 United States and the Committee on Resources of 

9 the United States House of Representatives a re10 vised map that depicts— 

11 (A) the Federal land and non-Federal land 

12 exchanged under this Act; and 

13 (B) the easement described in section 3(b). 

14 SECTION 1. SHORT TITLE. 

15 This Act may be cited as the ‘‘Pecos National Histor16 ical Park Land Exchange Act of 2004’’. 

17 SEC. 2. DEFINITIONS. 

18 In this Act: 

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

20 means the approximately 160 acres of Federal land 

21 within the Santa Fe National Forest in the State, as 

22 depicted on the map. 

23 (2) LANDOWNER.—The term ‘‘landowner’’ means 

24 the 1 or more owners of the non-Federal land. 
9 

•S 2622 RS 

1 (3) MAP.—The term ‘‘map’’ means the map enti2 tled ‘‘Proposed Land Exchange for Pecos National 

3 Historical Park’’, numbered 430/80,054, dated No4 vember 19, 1999, and revised September 18, 2000. 

5 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed6 eral land’’ means the approximately 154 acres of non7 Federal land in the Park, as depicted on the map. 

8 (5) PARK.—The term ‘‘Park’’ means the Pecos 

9 National Historical Park in the State. 

10 (6) SECRETARIES.—The term ‘‘Secretaries’’ 

11 means the Secretary of the Interior and the Secretary 

12 of Agriculture, acting jointly. 

13 (7) STATE.—The term ‘‘State’’ means the State 

14 of New Mexico. 

15 SEC. 3. LAND EXCHANGE. 

16 (a) IN GENERAL.—On conveyance by the landowner 

17 to the Secretary of the Interior of the non-Federal land, title 

18 to which is acceptable to the Secretary of the Interior— 

19 (1) the Secretary of Agriculture shall, subject to 

20 the conditions of this Act, convey to the landowner the 

21 Federal land; and 

22 (2) the Secretary of the Interior shall, subject to 

23 the conditions of this Act, grant to the landowner the 

24 easement described in subsection (b). 

25 (b) EASEMENT.— 
10 

•S 2622 RS 

1 (1) IN GENERAL.—The easement referred to in 

2 subsection (a)(2) is an easement (including an ease3 ment for service access) for water pipelines to 2 well 

4 sites located in the Park, as generally depicted on the 

5 map. 

6 (2) ROUTE.—The Secretary of the Interior, in 

7 consultation with the landowner, shall determine the 

8 appropriate route of the easement through the Park. 

9 (3) TERMS AND CONDITIONS.—The easement 

10 shall include such terms and conditions relating to 

11 the use of, and access to, the well sites and pipeline, 

12 as the Secretary of the Interior, in consultation with 

13 the landowner, determines to be appropriate. 

14 (4) APPLICABLE LAW.—The easement shall be es15 tablished, operated, and maintained in compliance 

16 with applicable Federal law. 

17 (c) VALUATION, APPRAISALS, AND EQUALIZATION.— 

18 (1) IN GENERAL.—The value of the Federal land 

19 and non-Federal land— 

20 (A) shall be equal, as determined by ap21 praisals conducted in accordance with para22 graph (2); or 

23 (B) if the value is not equal, shall be equal24 ized in accordance with paragraph (3). 

25 (2) APPRAISALS.— 
11 

•S 2622 RS 

1 (A) IN GENERAL.—The Federal land and 

2 non-Federal land shall be appraised by an inde3 pendent appraiser selected by the Secretaries. 

4 (B) REQUIREMENTS.—An appraisal con5 ducted under subparagraph (A) shall be con6 ducted in accordance with— 

7 (i) the Uniform Appraisal Standards 

8 for Federal Land Acquisition; and 

9 (ii) the Uniform Standards of Profes10 sional Appraisal Practice. 

11 (C) APPROVAL.—The appraisals conducted 

12 under this paragraph shall be submitted to the 

13 Secretaries for approval. 

14 (3) EQUALIZATION OF VALUES.— 

15 (A) IN GENERAL.—If the values of the non16 Federal land and the Federal land are not equal, 

17 the values may be equalized by— 

18 (i) the Secretary of the Interior mak19 ing a cash equalization payment to the 

20 landowner; 

21 (ii) the landowner making a cash 

22 equalization payment to the Secretary of 

23 Agriculture; or 
12 

•S 2622 RS 

1 (iii) reducing the acreage of the non2 Federal land or the Federal land, as appro3 priate. 

4 (B) CASH EQUALIZATION PAYMENTS.—Any 

5 amounts received by the Secretary of Agriculture 

6 as a cash equalization payment under section 

7 206(b) of the Federal Land Policy and Manage8 ment Act of 1976 (43 U.S.C. 1716(b)) shall— 

9 (i) be deposited in the fund established 

10 by Public Law 90–171 (commonly known 

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

12 (ii) be available for expenditure, with13 out further appropriation, for the acquisi14 tion of land and interests in land in the 

15 State. 

16 (d) COSTS.—Before the completion of the exchange 

17 under this section, the Secretaries and the landowner shall 

18 enter into an agreement that allocates the costs of the ex19 change among the Secretaries and the landowner. 

20 (e) APPLICABLE LAW.—Except as otherwise provided 

21 in this Act, the exchange of land and interests in land under 

22 this Act shall be in accordance with— 

23 (1) section 206 of the Federal Land Policy and 

24 Management Act of 1976 (43 U.S.C. 1716); and 
13 

•S 2622 RS 

1 (2) other applicable laws, including the National 

2 Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

3 seq.). 

4 (f) ADDITIONAL TERMS AND CONDITIONS.—The Secre5 taries may require, in addition to any requirements under 

6 this Act, such terms and conditions relating to the exchange 

7 of Federal land and non-Federal land and the granting of 

8 easements under this Act as the Secretaries determine to 

9 be appropriate to protect the interests of the United States. 

10 (g) COMPLETION OF THE EXCHANGE.— 

11 (1) IN GENERAL.—The exchange of Federal land 

12 and non-Federal land shall be completed not later 

13 than 180 days after the later of— 

14 (A) the date on which the requirements of 

15 the National Environmental Policy Act of 1969 

16 (42 U.S.C. 4321 et seq.) have been met; 

17 (B) the date on which the Secretary of the 

18 Interior approves the appraisals under sub19 section (c)(2)(C); or 

20 (C) the date on which the Secretaries and 

21 the landowner agree on the costs of the exchange 

22 and any other terms and conditions of the ex23 change under this section. 

24 (2) NOTICE.—The Secretaries shall submit to the 

25 Committee on Energy and Natural Resources of the 
14 

•S 2622 RS 

1 Senate and the Committee on Resources of the House 

2 of Representatives notice of the completion of the ex3 change of Federal land and non-Federal land under 

4 this Act. 

5 SEC. 4. ADMINISTRATION. 

6 (a) IN GENERAL.—The Secretary of the Interior shall 

7 administer the non-Federal land acquired under this Act 

8 in accordance with the laws generally applicable to units 

9 of the National Park System, including the Act of August 

10 25, 1916 (commonly known as the ‘‘National Park Service 

11 Organic Act’’) (16 U.S.C. 1 et seq.). 

12 (b) MAPS.— 

13 (1) IN GENERAL.—The map shall be on file and 

14 available for public inspection in the appropriate of15 fices of the Secretaries. 

16 (2) TRANSMITTAL OF REVISED MAP TO CON17 GRESS.—Not later than 180 days after completion of 

18 the exchange, the Secretaries shall transmit to the 

19 Committee on Energy and Natural Resources of the 

20 Senate and the Committee on Resources of the House 

21 of Representatives a revised map that depicts— 

22 (A) the Federal land and non-Federal land 

23 exchanged under this Act; and 

24 (B) the easement described in section 3(b). 

Calendar No. 732 

108TH CONGRESS 

2D SESSION S. 2622 

[Report No. 108–373] 

A BILL 

To provide for the exchange of certain Federal land 

ical Park in the State of New Mexico. non-Federal land in the Pecos National Historin the Santa Fe National Forest and certain 

SEPTEMBER 28, 2004 

Reported with an amendment