II 

Calendar No. 18 

109TH CONGRESS 

1ST SESSION S. 47 

[Report No. 109–7] 

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 

JANUARY 24, 2005 

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 

FEBRUARY 23, 2005 

Reported under authority of the order of the Senate of February 17, 2005, 

by Mr. DOMENICI, without amendment 

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, 
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•S 47 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Pecos National Histor3 ical Park Land Exchange Act of 2005’’. 

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. 
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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 Inte7 rior— 

8 (1) the Secretary of Agriculture shall, subject 

9 to the conditions of this Act, convey to the land10 owner the Federal land; and 

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

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

13 the easement described in subsection (b). 

14 (b) EASEMENT.— 

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

16 subsection (a)(2) is an easement (including an ease17 ment for service access) for water pipelines to 2 well 

18 sites located in the Park, as generally depicted on 

19 the map. 

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

21 consultation with the landowner, shall determine the 

22 appropriate route of the easement through the Park. 

23 (3) TERMS AND CONDITIONS.—The easement 

24 shall include such terms and conditions relating to 

25 the use of, and access to, the well sites and pipeline, 
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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. 
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1 (C) APPROVAL.—The appraisals conducted 

2 under this paragraph shall be submitted to the 

3 Secretaries 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 
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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 among 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. 
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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; 

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

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

11 (C) the date on which the Secretaries and 

12 the landowner agree on the costs of the ex13 change and any other terms and conditions of 

14 the exchange under this section. 

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

16 the Committee on Energy and Natural Resources of 

17 the Senate and the Committee on Resources of the 

18 House of Representatives notice of the completion of 

19 the exchange of Federal land and non-Federal land 

20 under this Act. 

21 SEC. 4. ADMINISTRATION. 

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

23 administer the non-Federal land acquired under this Act 

24 in accordance with the laws generally applicable to units 

25 of the National Park System, including the Act of August 
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1 25, 1916 (commonly known as the ‘‘National Park Service 

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

3 (b) MAPS.— 

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

5 available for public inspection in the appropriate of6 fices of the Secretaries. 

7 (2) TRANSMITTAL OF REVISED MAP TO CON8 GRESS.—Not later than 180 days after completion 

9 of the exchange, the Secretaries shall transmit to the 

10 Committee on Energy and Natural Resources of the 

11 Senate and the Committee on Resources of the 

12 House of Representatives a revised map that de13 picts— 

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

15 exchanged under this Act; and 

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

Calendar No. 18 

109TH CONGRESS 

1ST SESSION S. 47 

[Report No. 109–7] 

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 

FEBRUARY 23, 2005 

Reported without amendment