I 

108TH CONGRESS 

2D SESSION H. R. 4806 

To provide for a land exchange involving Federal lands in the Lincoln 

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

IN THE HOUSE OF REPRESENTATIVES 

JULY 9, 2004 

Mr. NEUGEBAUER introduced the following bill; which was referred to the 

Committee on Resources 

A BILL 

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’’. 

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

7 NEW MEXICO. 

8 (a) DEFINITIONS.—In this section: 

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

10 means the three parcels of land, and any improve-
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1 ments thereon, comprising approximately 80 acres in 

2 the Lincoln National Forest, New Mexico, as de3 picted on the map entitled ‘‘Pine Springs Land Ex4 change’’ and dated May 25, 2004, and more particu5 larly described as S1/2SE1/4NW1/4, SW1/4SW1/4, 

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

7 4 of section 32 of township 17 south, range 13 east, 

8 New Mexico Principal Meridian. 

9 (2) NON-FEDERAL LAND.—The term ‘‘non-Fed10 eral land’’ means the parcel of land owned by Lub11 bock Christian University comprising approximately 

12 80 acres, as depicted on the map referred to in para13 graph (1) and more particularly described as N1/ 

14 2NW1/4 of section 24 of township 17 south, range 

15 12 east, New Mexico Principal Meridian. 

16 (b) LAND EXCHANGE.— 

17 (1) EXCHANGE.—In exchange for the convey18 ance of the non-Federal land by Lubbock Christian 

19 University, the Secretary of Agriculture shall convey 

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

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

22 and to the Federal land. The conveyance of the Fed23 eral land shall be subject to valid existing rights and 

24 such terms and conditions as the Secretary may pre-
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1 scribe and may be made without further administra2 tive or environmental analyses or examination. 

3 (2) ACCEPTABLE TITLE.—Title to the non-Fed4 eral land shall conform with the title approval stand5 ards of the Attorney General applicable to Federal 

6 land acquisitions and shall otherwise be acceptable 

7 to the Secretary. 

8 (3) COMPLETION OF EXCHANGE.—To the ex9 tent practicable, and subject to paragraph (2), the 

10 Secretary shall complete the land exchange within 

11 180 days after the date of the enactment of this Act. 

12 (4) COSTS OF IMPLEMENTING THE EX13 CHANGE.—The costs of implementing the land ex14 change shall be shared equally by the Secretary and 

15 Lubbock Christian University. 

16 (c) TREATMENT OF MAP AND LEGAL DESCRIP17 TIONS.—The Secretary and Lubbock Christian University 

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

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

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

21 between the map and legal descriptions, the map shall pre22 vail unless the Secretary and Lubbock Christian Univer23 sity otherwise agree. The map shall be on file and available 

24 for inspection in the Office of the Chief of the Forest Serv-
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1 ice in Washington, D.C., and the Office of the Supervisor 

2 of Lincoln National Forest. 

3 (d) VALUATION OF LAND TO BE CONVEYED.—The 

4 fair market values of the Federal land and non-Federal 

5 land shall be determined by an appraisal acceptable to the 

6 Secretary and Lubbock Christian University. The ap7 praisal shall conform with the Federal appraisal stand8 ards, as defined in the Uniform Appraisal Standards for 

9 Federal Land Acquisitions developed by the Interagency 

10 Land Acquisition Conference, 1992, and any amendments 

11 to these standards. 

12 (e) EQUALIZATION OF VALUES.— 

13 (1) EQUALIZATION METHODS.—If the fair mar14 ket values of the Federal land and non-Federal land 

15 are not equal, the values may be equalized— 

16 (A) by the payment of a cash equalization 

17 payment under paragraph (2) by the Secretary 

18 or Lubbock Christian University, as appro19 priate; 

20 (B) by reducing the acreage of the Federal 

21 land to be exchanged by not more than 20 

22 acres, if the value of the non-Federal land is 

23 less than the value of the Federal land; or 

24 (C) by using a combination of subpara25 graphs (A) and (B). 
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1 (2) CASH EQUALIZATION PAYMENTS.—Notwith2 standing section 206(b) of the Federal Land Policy 

3 and Management Act of 1976 (43 U.S.C. 

4 1716(b))— 

5 (A) if the value of the non-Federal land is 

6 less than the value of the Federal land, the Sec7 retary may accept a cash equalization payment 

8 in excess of 25 percent of the value of the Fed9 eral land; or 

10 (B) if the value of the Federal land is less 

11 than the value of the non-Federal land, the Sec12 retary may make a cash equalization payment, 

13 subject to the availability of appropriations for 

14 this purpose, in excess of 25 percent of the 

15 value of the Federal land. 

16 (f) TREATMENT OF CASH EQUALIZATION PAYMENTS

17 RECEIVED.— 

18 (1) DEPOSIT.—The Secretary shall deposit any 

19 cash equalization payment received under subsection 

20 (e) in the fund established by the Act of December 

21 4, 1967 (commonly known as the Sisk Act; 16 

22 U.S.C. 484a). The amounts so deposited shall not be 

23 paid or distributed to the State of New Mexico or 

24 counties therein under any provision of law or other25 wise treated as moneys received from the National 
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1 Forest System for purposes of the Act of May 23, 

2 1908, or the Act of March 1, 1911 (16 U.S.C. 500) 

3 or the Act of March 4, 1913 (16 U.S.C. 501). 

4 (2) USE OF FUNDS.—Funds deposited under 

5 paragraph (1) shall be available to the Secretary, 

6 without further appropriation and until expended, 

7 for the acquisition of lands and interests in lands for 

8 the National Forest System in the State of New 

9 Mexico. 

10 (g) REVOCATION AND WITHDRAWAL.— 

11 (1) REVOCATION OF ORDERS.—Any public or12 ders withdrawing any of the Federal land from ap13 propriation or disposal under the public land laws 

14 are revoked to the extent necessary to permit dis15 posal of the Federal land. 

16 (2) WITHDRAWAL OF FEDERAL LAND.—Subject 

17 to valid existing rights, pending the completion of 

18 the land exchange, the Federal land is withdrawn 

19 from all forms of location, entry and patent under 

20 the public land laws, including the mining and min21 eral leasing laws and the Geothermal Steam Act of 

22 1970 (30 U.S.C. 1001 et seq.). 

23 (h) ADMINISTRATION OF LAND ACQUIRED BY

24 UNITED STATES.— 
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1 (1) BOUNDARY ADJUSTMENT.—Upon accept2 ance of title by the Secretary of the non-Federal 

3 land, the acquired land shall become part of the Lin4 coln National Forest, and the boundaries of the Lin5 coln National Forest shall be adjusted to include the 

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

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

8 460l–9), the boundaries of the Lincoln National 

9 Forest, as adjusted pursuant to this paragraph, 

10 shall be considered to be boundaries of the Lincoln 

11 National Forest as of January 1, 1965. 

12 (2) MANAGEMENT.—The Secretary shall man13 age the acquired land in accordance with the Act of 

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

15 16 U.S.C. 480, 500, 513–519, 521, 552, 563), and 

16 in accordance with the other laws and regulations 

17 applicable to National Forest System lands. 

18 (i) RELATION TO OTHER LAWS.—Subchapters II and 

19 III of chapter 5 of title 40, United States Code, and the 

20 Agriculture Property Management Regulations shall not 

21 apply to any action taken pursuant to this section. 

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