II 

109TH CONGRESS 

1ST SESSION S. 47 

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 

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 2005’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 
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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. 

23 SEC. 3. LAND EXCHANGE. 

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

25 to the Secretary of the Interior of the non-Federal land, 
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1 title to which is acceptable to the Secretary of the Inte2 rior— 

3 (1) the Secretary of Agriculture shall, subject 

4 to the conditions of this Act, convey to the land5 owner the Federal land; and 

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

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

8 the easement described in subsection (b). 

9 (b) EASEMENT.— 

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

11 subsection (a)(2) is an easement (including an ease12 ment for service access) for water pipelines to 2 well 

13 sites located in the Park, as generally depicted on 

14 the map. 

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

16 consultation with the landowner, shall determine the 

17 appropriate route of the easement through the Park. 

18 (3) TERMS AND CONDITIONS.—The easement 

19 shall include such terms and conditions relating to 

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

21 as the Secretary of the Interior, in consultation with 

22 the landowner, determines to be appropriate. 

23 (4) APPLICABLE LAW.—The easement shall be 

24 established, operated, and maintained in compliance 

25 with applicable Federal law. 
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1 (c) VALUATION, APPRAISALS, AND EQUALIZATION.— 

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

3 land and non-Federal land— 

4 (A) shall be equal, as determined by ap5 praisals conducted in accordance with para6 graph (2); or 

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

8 equalized in accordance with paragraph (3). 

9 (2) APPRAISALS.— 

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

11 non-Federal land shall be appraised by an inde12 pendent appraiser selected by the Secretaries. 

13 (B) REQUIREMENTS.—An appraisal con14 ducted under subparagraph (A) shall be con15 ducted in accordance with— 

16 (i) the Uniform Appraisal Standards 

17 for Federal Land Acquisition; and 

18 (ii) the Uniform Standards of Profes19 sional Appraisal Practice. 

20 (C) APPROVAL.—The appraisals conducted 

21 under this paragraph shall be submitted to the 

22 Secretaries for approval. 

23 (3) EQUALIZATION OF VALUES.— 
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1 (A) IN GENERAL.—If the values of the 

2 non-Federal land and the Federal land are not 

3 equal, the values may be equalized by— 

4 (i) the Secretary of the Interior mak5 ing a cash equalization payment to the 

6 landowner; 

7 (ii) the landowner making a cash 

8 equalization payment to the Secretary of 

9 Agriculture; or 

10 (iii) reducing the acreage of the non11 Federal land or the Federal land, as ap12 propriate. 

13 (B) CASH EQUALIZATION PAYMENTS.—

14 Any amounts received by the Secretary of Agri15 culture as a cash equalization payment under 

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

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

18 shall— 

19 (i) be deposited in the fund estab20 lished by Public Law 90–171 (commonly 

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

22 484a); and 

23 (ii) be available for expenditure, with24 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 de10 picts— 

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

12 exchanged under this Act; and 

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

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