108TH CONGRESS

2D SESSION H. R. 4806

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

108TH CONGRESS

2D SESSION H. R. 4806

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,
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1 SECTION 1. SHORT TITLE.

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

3 Exchange Act’’.

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

5 NEW MEXICO.

6 (a) DEFINITIONS.—In this section:

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

8 means the three parcels of land, and any improve9 ments thereon, comprising approximately 80 acres in

10 the Lincoln National Forest, New Mexico, as de11 picted on the map entitled ‘‘Pine Springs Land Ex12 change’’ and dated May 25, 2004, and more particu13 larly described as S1/2SE1/4NW1/4, SW1/4SW1/4,

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

15 4 of section 32 of township 17 south, range 13 east,

16 New Mexico Principal Meridian.

17 (2) NON-FEDERAL LAND.—The term ‘‘non-Fed18 eral land’’ means the parcel of land owned by Lub19 bock Christian University comprising approximately

20 80 acres, as depicted on the map referred to in para21 graph (1) and more particularly described as N1/

22 2NW1/4 of section 24 of township 17 south, range

23 12 east, New Mexico Principal Meridian.

24 (b) LAND EXCHANGE REQUIRED.—

25 (1) EXCHANGE.—In exchange for the convey26 ance of the non-Federal land by Lubbock Christian
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1 University, the Secretary of Agriculture shall convey

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

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

4 and to the Federal land. The conveyance of the Fed5 eral land shall be subject to valid existing rights and

6 such additional terms and conditions as the Sec7 retary considers appropriate to protect the interests

8 of the United States. To the extent practicable, and

9 subject to paragraph (2), the Secretary shall com10 plete the land exchange not later than one year after

11 the date of the enactment of this Act.

12 (2) ACCEPTABLE TITLE.—Title to the non-Fed13 eral land shall conform with the title approval stand14 ards of the Attorney General applicable to Federal

15 land acquisitions and shall otherwise be acceptable

16 to the Secretary.

17 (3) COSTS OF IMPLEMENTING THE EX18 CHANGE.—The costs of implementing the land ex19 change shall be shared equally by the Secretary and

20 Lubbock Christian University.

21 (c) TREATMENT OF MAP AND LEGAL DESCRIP22 TIONS.—The Secretary and Lubbock Christian University

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

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

25 land and non-Federal land. In the event of a discrepancy
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1 between the map and legal descriptions, the map shall pre2 vail unless the Secretary and Lubbock Christian Univer3 sity otherwise agree. The map shall be on file and available

4 for inspection in the Office of the Chief of the Forest Serv5 ice and the Office of the Supervisor of Lincoln National

6 Forest.

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

8 values of the Federal land and non-Federal land ex9 changed under subsection (b) shall be equal or, if they

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

11 in section 206 of the Federal Land Policy Management

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

13 the land shall be determined by appraisals acceptable to

14 the Secretary and Lubbock Christian University. The ap15 praisals shall be performed in conformance with sub16 section (d) of such section and the Uniform Appraisal

17 Standards for Federal Land Acquisitions.

18 (e) REVOCATION AND WITHDRAWAL.—

19 (1) REVOCATION OF ORDERS.—Any public or20 ders withdrawing any of the Federal land from ap21 propriation or disposal under the public land laws

22 are revoked to the extent necessary to permit dis23 posal of the Federal land.

24 (2) WITHDRAWAL OF FEDERAL LAND.—Subject

25 to valid existing rights, pending the completion of
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1 the land exchange, the Federal land is withdrawn

2 from all forms of location, entry and patent under

3 the public land laws, including the mining and min4 eral leasing laws and the Geothermal Steam Act of

5 1970 (30 U.S.C. 1001 et seq.).

6 (f) ADMINISTRATION OF LAND ACQUIRED BY

7 UNITED STATES.—

8 (1) BOUNDARY ADJUSTMENT.—Upon accept9 ance of title by the Secretary of the non-Federal

10 land, the acquired land shall become part of the Lin11 coln National Forest, and the boundaries of the Lin12 coln National Forest shall be adjusted to include the

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

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

15 460l–9), the boundaries of the Lincoln National

16 Forest, as adjusted pursuant to this paragraph,

17 shall be considered to be boundaries of the Lincoln

18 National Forest as of January 1, 1965.

19 (2) MANAGEMENT.—The Secretary shall man20 age the acquired land in accordance with the Act of

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

22 16 U.S.C. 480, 500, 513–519, 521, 552, 563), and

23 in accordance with the other laws and regulations

24 applicable to National Forest System lands.
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1 (g) RELATION TO OTHER LAWS.—Subchapters II

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

3 the Agriculture Property Management Regulations shall

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

Passed the House of Representatives September 22,

2004.

Attest:

Clerk.