II 

108TH CONGRESS 

2D SESSION S. 2622

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 

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, 

3 SECTION 1. SHORT TITLE. 

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

6 SEC. 2. DEFINITIONS. 

7 In this Act: 
2 

•S 2622 IS 

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

2 means the approximately 160 acres of Federal land 

3 within the Santa Fe National Forest in the State, 

4 as depicted on the map. 

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

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

7 land. 

8 (3) MAP.—The term ‘‘map’’ means the map en9 titled ‘‘Proposed Land Exchange for Pecos National 

10 Historical Park’’, numbered 430/80,054, dated No11 vember 19, 1999, and revised September 18, 2000. 

12 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed13 eral land’’ means the approximately 154 acres of 

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

15 map. 

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

17 National Historical Park in the State. 

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

19 means the Secretary of the Interior and the Sec20 retary of Agriculture, acting jointly. 

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

22 of New Mexico. 
3 

•S 2622 IS 

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 Interior. 

5 (1) the Secretary of Agriculture shall, subject 

6 to the conditions of this Act, convey to the land7 owner the Federal land; and 

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

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

10 the easement described in subsection (b). 

11 (b) EASEMENT.— 

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

13 subsection (a)(2) is an easement (including an ease14 ment for service access) for water pipelines to 2 well 

15 sites located in the Park, as generally depicted on 

16 the map. 

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

18 consultation with the landowner, shall determine the 

19 appropriate route of the easement through the Park. 

20 (3) TERMS AND CONDITIONS.—The easement 

21 shall include such terms and conditions relating to 

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

23 as the Secretary of the Interior, in consultation with 

24 the landowner, determines to be appropriate. 
4 

•S 2622 IS 

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 Secretary of the Interior for approval. 
5 

•S 2622 IS 

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-
6 

•S 2622 IS 

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 between 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— 
7 

•S 2622 IS 

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; or 

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

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

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

8 Committee on Energy and Natural Resources of the 

9 Senate and the Committee on Resources of the 

10 House of Representatives notice of the completion of 

11 the exchange of Federal land and non-Federal land 

12 under this Act. 

13 SEC. 4. ADMINISTRATION. 

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

15 administer the non-Federal land acquired under this Act 

16 in accordance with the laws generally applicable to units 

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

18 25, 1916 (commonly known as the ‘‘National Park Service 

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

20 (b) MAPS.— 

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

22 available for public inspection in the appropriate of23 fices of the Secretaries. 

24 (2) TRANSMITTAL OF REVISED MAP TO CON25 GRESS.—Not later than 180 days after completion 
8 

•S 2622 IS 

1 of the exchange, the Secretaries shall transmit to the 

2 Committee on Energy and Natural Resources of the 

3 United States and the Committee on Resources of 

4 the United States House of Representatives a re5 vised map that depicts— 

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

7 exchanged under this Act; and 

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

Æ