IIA
Calendar No. 450
105TH CONGRESS
2D SESSION
H. R. 434
[Report No. 105–236]
IN THE SENATE OF THE UNITED STATES
NOVEMBER 5, 1997
Received
NOVEMBER 13, 1997
Read twice and referred to the Committee on Energy and Natural Resources
JULY 2, 1998
Reported under authority of the order of the Senate of June 26, 1998, by
Mr. MURKOWSKI, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
AN ACT
To provide for the conveyance of small parcels of land in
the Carson National Forest and the Santa Fe National
Forest, New Mexico, to the village of El Rito and the
town of Jemez Springs, New Mexico.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
HR 434 RS
SECTION 1. LAND CONVEYANCE, CARSON NATIONAL FOR-
EST, NEW MEXICO.
(a) CONVEYANCE REQUIRED.—The Secretary of Ag-
riculture shall convey through sale or exchange to the
County of Rio Arriba for the benefit of the village of El
Rito, New Mexico (in this section referred to as ‘‘El
Rito’’), all right, title, and interest of the United States
in and to a parcel of real property, together with any im-
provements thereon, consisting of approximately 5 acres
located in the Carson National Forest in the State of New
Mexico.
(b) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne
by the Forest Service.
(c) LANDS ACQUIRED
IN EXCHANGE FROM RIO
ARRIBA COUNTY.—Except as provided in this Act, any ex-
change of lands under subsection (a) shall be processed
in accordance with the rules of the Secretary of Agri-
culture setting forth the procedures for conducting ex-
changes of National Forest System lands (36 CFR part
254). Any lands to be conveyed to the United States in
such an exchange shall be acceptable to the Secretary and
shall be subject to such valid existing rights or record as
may be acceptable to the Secretary. Title to such land
HR 434 RS
shall conform with the title approval standards applicable
to Federal land acquisitions.
(d) VALUATION AND APPRAISALS.—Values of any
lands exchanged pursuant to subsection (a) shall be equal
as determined by the Secretary. If, due to size, location,
or use of lands exchanged under subsection (a), the values
are not exactly equal, they shall be equalized by the pay-
ment of cash. The Secretary may accept cash equalization
payments in excess of 25 per centum of the total value
of the Federal lands exchanged. Value of any lands sold
to the County of Rio Arriba shall be on the basis of fair
market value as determined by the Secretary.
(e) DISPOSITION OF FUNDS.—Payments from a sale
under subsection (a) or cash equalization payments may
be made in equal installments for a period not to exceed
10 years. Any funds received by the Secretary through the
sale or by cash equalization shall be deposited into the
fund established by the Act of December 4, 1967 (16
U.S.C. 484a), known as the Sisk Act, and shall be avail-
able for expenditure, upon appropriation, for the acquisi-
tion of lands and interests in lands in the State of New
Mexico.
(f) STATUS OF LANDS.—Upon approval and accept-
ance of title by the Secretary, any lands acquired by the
United States pursuant to subsection (a) shall become
HR 434 RS
part of the Carson National Forest and the boundaries
of the National Forest shall be adjusted to encompass
such lands. Such lands shall be managed in accordance
with the Act of March 1, 1911 (commonly known as the
‘‘Weeks Law’’) (36 Stat. 961), and shall be administered
by the Secretary of Agriculture in accordance with the
laws and regulations pertaining to the National Forest
System. This section shall not limit the Secretary’s au-
thority to adjust the boundaries of the Carson National
Forest pursuant to section 11 of the Act of March 1, 1911
(‘‘Weeks Act’’). For the purposes of section 7 of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C.
4601–9), the boundaries of the Carson National Forest,
as adjusted by this Act, shall be considered to be bound-
aries of the Forest as of January 1, 1965.
SEC. 2. LAND CONVEYANCE, SANTA FE NATIONAL FOREST,
NEW MEXICO.
(a) CONVEYANCE REQUIRED.—The Secretary of Ag-
riculture shall convey, through exchange, to the town of
Jemez Springs, New Mexico (in this section referred to
as ‘‘Jemez Springs’’), all right, title, and interest of the
United States in and to a parcel of real property, together
with any improvements thereon, consisting of approxi-
mately 1 acre located in the Santa Fe National Forest
in the State of New Mexico.
HR 434 RS
(b) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne
by the Forest Service.
(c) LANDS ACQUIRED
IN EXCHANGE FROM
THE
TOWN OF JEMEZ SPRINGS.—Except as provided in this
Act, any exchange of lands under subsection (a) shall be
processed in accordance with the rules of the Secretary
of Agriculture setting forth the procedures for conducting
exchanges of National Forest System lands (36 CFR part
254). Any lands conveyed to the United States in such
an exchange shall be acceptable to the Secretary and shall
be subject to such valid existing rights or record as may
be acceptable to the Secretary. Title to such land shall
conform with the title approval standards applicable to
Federal land acquisitions.
(d) VALUATION AND APPRAISALS.—Values of any
lands to be exchanged pursuant to subsection (a) shall be
equal as determined by the Secretary. If, due to size, loca-
tion, or use of lands exchanged under section 1(a), the
values are not exactly equal, they shall be equalized by
the payment of cash. The Secretary may accept cash
equalization payments in excess of 25 per centum of the
total value of the involved Federal lands exchanged.
HR 434 RS
(e) DISPOSITION OF FUNDS.—Payments for any cash
equalization for the exchange under subsection (a) may
be made in equal installments for a period of not to exceed
10 years. Any funds received by the Secretary through the
cash equalization shall be deposited into the fund estab-
lished by the Act of December 4, 1967 (16 U.S.C. 484a),
known as the Sisk Act, and shall be available for expendi-
ture, upon appropriation, for the acquisition of lands and
interests in lands in the State of New Mexico.
(f) STATUS OF LANDS.—Upon approval and accept-
ance of title by the Secretary, any lands acquired by the
United States pursuant to subsection (a) shall become
part of the Santa Fe National Forest and the boundaries
of the National Forest shall be adjusted to encompass
such lands. Such lands shall be managed in accordance
with the Act of March 1, 1911 (commonly known as the
‘‘Weeks Law’’) (36 Stat. 961), and shall be administered
by the Secretary of Agriculture in accordance with the
laws and regulations pertaining to the National Forest
System. This section does not limit the Secretary’s author-
ity to adjust the boundaries of the Carson National Forest
pursuant to section 11 of the Act of March 1, 1911
(‘‘Weeks Act’’). For the purposes of section 7 of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C.
4601–9), the boundaries of the Santa Fe National Forest,
HR 434 RS
as adjusted by this Act, shall be considered to be bound-
aries of the Forest as of January 1, 1965.
SECTION 1. LAND CONVEYANCE, SANTA FE NATIONAL FOR-
EST, NEW MEXICO.
(a) CONVEYANCE OF PROPERTY.—Within 60 days of
enactment of this Act, the Secretary of Agriculture (herein
‘‘the Secretary’’) shall convey to the town of Jemez Springs,
New Mexico, subject to the terms and conditions under sub-
section (c), all right, title, and interest of the United States
in and to a parcel of real property (including any improve-
ments on the land) consisting of approximately one acre
located in the Santa Fe National Forest in Sandoval Coun-
ty, New Mexico.
(b) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the town of Jemez Springs.
(c) TERMS AND CONDITIONS.—
(1) Notwithstanding exceptions of application
under the Recreation and Public Purposes Act (43
U.S.C. 869(c)), consideration for the conveyance de-
scribed in subsection (a) shall be—
(A) an amount that is consistent with the
Bureau of Land Management special pricing
HR 434 RS
program for Governmental entities under the
Recreation and Public Purposes Act; and,
(B) an agreement between the Secretary
and the town of Jemez Springs indemnifying the
Government of the United States from all liabil-
ity of the Government that arises from the prop-
erty.
(2) The lands conveyed by this Act shall be used
for the purposes of construction and operation of a
fire substation. If such lands cease to be used for such
purposes, at the option of the United States, such
lands will revert to the United States.
Passed the House of Representatives November 4,
1997.
Attest:
ROBIN H. CARLE,
Clerk.
Calendar No. 450
105TH CONGRESS
2D SESSION
H. R. 434
[Report No. 105–236]
A BILL
To provide for the conveyance of small parcels of
land in the Carson National Forest and the
Santa Fe National Forest, New Mexico, to the
village of El Rito and the town of Jemez Springs,
New Mexico.
JULY 2, 1998
Reported under authority of the order of the Senate of
June 26, 1998, with an amendment