108TH CONGRESS

2D SESSION S. 2622

AN ACT

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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Pecos National Histor5 ical Park Land Exchange Act of 2004’’.
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1 SEC. 2. DEFINITIONS.

2 In this Act:

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

4 means the approximately 160 acres of Federal land

5 within the Santa Fe National Forest in the State,

6 as depicted on the map.

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

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

9 land.

10 (3) MAP.—The term ‘‘map’’ means the map en11 titled ‘‘Proposed Land Exchange for Pecos National

12 Historical Park’’, numbered 430/80,054, dated No13 vember 19, 1999, and revised September 18, 2000.

14 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed15 eral land’’ means the approximately 154 acres of

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

17 map.

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

19 National Historical Park in the State.

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

21 means the Secretary of the Interior and the Sec22 retary of Agriculture, acting jointly.

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

24 of New Mexico.
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1 SEC. 3. LAND EXCHANGE.

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

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

4 title to which is acceptable to the Secretary of the

5 Interior—

6 (1) the Secretary of Agriculture shall, subject

7 to the conditions of this Act, convey to the land8 owner the Federal land; and

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

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

11 the easement described in subsection (b).

12 (b) EASEMENT.—

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

14 subsection (a)(2) is an easement (including an ease15 ment for service access) for water pipelines to 2 well

16 sites located in the Park, as generally depicted on

17 the map.

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

19 consultation with the landowner, shall determine the

20 appropriate route of the easement through the Park.

21 (3) TERMS AND CONDITIONS.—The easement

22 shall include such terms and conditions relating to

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

24 as the Secretary of the Interior, in consultation with

25 the landowner, determines to be appropriate.
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1 (4) APPLICABLE LAW.—The easement shall be

2 established, operated, and maintained in compliance

3 with applicable Federal law.

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

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

6 land and non-Federal land—

7 (A) shall be equal, as determined by ap8 praisals conducted in accordance with para9 graph (2); or

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

11 equalized in accordance with paragraph (3).

12 (2) APPRAISALS.—

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

14 non-Federal land shall be appraised by an inde15 pendent appraiser selected by the Secretaries.

16 (B) REQUIREMENTS.—An appraisal con17 ducted under subparagraph (A) shall be con18 ducted in accordance with—

19 (i) the Uniform Appraisal Standards

20 for Federal Land Acquisition; and

21 (ii) the Uniform Standards of Profes22 sional Appraisal Practice.

23 (C) APPROVAL.—The appraisals conducted

24 under this paragraph shall be submitted to the

25 Secretaries for approval.
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1 (3) EQUALIZATION OF VALUES.—

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

3 non-Federal land and the Federal land are not

4 equal, the values may be equalized by—

5 (i) the Secretary of the Interior mak6 ing a cash equalization payment to the

7 landowner;

8 (ii) the landowner making a cash

9 equalization payment to the Secretary of

10 Agriculture; or

11 (iii) reducing the acreage of the non12 Federal land or the Federal land, as ap13 propriate.

14 (B) CASH EQUALIZATION PAYMENTS.—

15 Any amounts received by the Secretary of Agri16 culture as a cash equalization payment under

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

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

19 shall—

20 (i) be deposited in the fund estab21 lished by Public Law 90–171 (commonly

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

23 484a); and

24 (ii) be available for expenditure, with25 out further appropriation, for the acquisi-
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1 tion of land and interests in land in the

2 State.

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

4 under this section, the Secretaries and the landowner shall

5 enter into an agreement that allocates the costs of the ex6 change among the Secretaries and the landowner.

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

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

9 under this Act shall be in accordance with—

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

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

12 (2) other applicable laws, including the Na13 tional Environmental Policy Act of 1969 (42 U.S.C.

14 4321 et seq.).

15 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec16 retaries may require, in addition to any requirements

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

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

19 granting of easements under this Act as the Secretaries

20 determine to be appropriate to protect the interests of the

21 United States.

22 (g) COMPLETION OF THE EXCHANGE.—

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

24 land and non-Federal land shall be completed not

25 later than 180 days after the later of—
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1 (A) the date on which the requirements of

2 the National Environmental Policy Act of 1969

3 (42 U.S.C. 4321 et seq.) have been met;

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

5 Interior approves the appraisals under sub6 section (c)(2)(C); or

7 (C) the date on which the Secretaries and

8 the landowner agree on the costs of the ex9 change and any other terms and conditions of

10 the exchange under this section.

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

12 the Committee on Energy and Natural Resources of

13 the 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.—
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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 Senate and the Committee on Resources of the

9 House of Representatives a revised map that

10 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).

Passed the Senate October 10, 2004.

Attest:

Secretary.
108TH CONGRESS

2D SESSION S. 2622

AN ACT

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