[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 482 Engrossed in House (EH)]
1st Session
H. R. 482
_______________________________________________________________________
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.
109th CONGRESS
1st Session
H. R. 482
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pine Springs Land Exchange Act''.
SEC. 2. LAND EXCHANGE, LINCOLN NATIONAL FOREST, NEW MEXICO.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means the
three parcels of land, and any improvements thereon, comprising
approximately 80 acres in the Lincoln National Forest, New
Mexico, as depicted on the map entitled ``Pine Springs Land
Exchange'' and dated May 25, 2004, and more particularly
described as S1/2SE1/4NW1/4, SW1/4SW1/4, W1/2E1/2NW1/4SW1/4,
and E1/2W1/2NW1/4SW1/4 of section 32 of township 17 south,
range 13 east, New Mexico Principal Meridian.
(2) Non-federal land.--The term ``non-Federal land'' means
the parcel of land owned by Lubbock Christian University
comprising approximately 80 acres, as depicted on the map
referred to in paragraph (1) and more particularly described as
N1/2NW1/4 of section 24 of township 17 south, range 12 east,
New Mexico Principal Meridian.
(b) Land Exchange Required.--
(1) Exchange.--In exchange for the conveyance of the non-
Federal land by Lubbock Christian University, the Secretary of
Agriculture shall convey to Lubbock Christian University, by
quit-claim deed, all right, title, and interest of the United
States in and to the Federal land. The conveyance of the
Federal land shall be subject to valid existing rights and such
additional terms and conditions as the Secretary considers
appropriate to protect the interests of the United States.
(2) Acceptable title.--Title to the non-Federal land shall
conform with the title approval standards of the Attorney
General applicable to Federal land acquisitions and shall
otherwise be acceptable to the Secretary.
(3) Costs of implementing the exchange.--The costs of
implementing the land exchange shall be shared equally by the
Secretary and Lubbock Christian University.
(4) Completion.--Subject to paragraph (2), the Secretary
shall complete, to the extent practicable, the land exchange
not later than 180 days after the date of the enactment of this
Act.
(c) Treatment of Map and Legal Descriptions.--The Secretary and
Lubbock Christian University may correct any minor error in the map
referred to in subsection (a)(1) or the legal descriptions of the
Federal land and non-Federal land. In the event of a discrepancy
between the map and legal descriptions, the map shall prevail unless
the Secretary and Lubbock Christian University otherwise agree. The map
shall be on file and available for inspection in the Office of the
Chief of the Forest Service and the Office of the Supervisor of Lincoln
National Forest.
(d) Equal Value Exchanges.--The fair market values of the Federal
land and non-Federal land exchanged under subsection (b) shall be equal
or, if they are not equal, shall be equalized in the manner provided in
section 206 of the Federal Land Policy Management Act of 1976 (43
U.S.C. 1716). The fair market value of the land shall be determined by
appraisals acceptable to the Secretary and Lubbock Christian
University. The appraisals shall be performed in conformance with
subsection (d) of such section and the Uniform Appraisal Standards for
Federal Land Acquisitions.
(e) Revocation and Withdrawal.--
(1) Revocation of orders.--Any public orders withdrawing
any of the Federal land from appropriation or disposal under
the public land laws are revoked to the extent necessary to
permit disposal of the Federal land.
(2) Withdrawal of federal land.--Subject to valid existing
rights, pending the completion of the land exchange, the
Federal land is withdrawn from all forms of location, entry and
patent under the public land laws, including the mining and
mineral leasing laws and the Geothermal Steam Act of 1970 (30
U.S.C. 1001 et seq.).
(f) Administration of Land Acquired by United States.--
(1) Boundary adjustment.--Upon acceptance of title by the
Secretary of the non-Federal land, the acquired land shall
become part of the Lincoln National Forest, and the boundaries
of the Lincoln National Forest shall be adjusted to include the
land. For purposes of section 7 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the
boundaries of the Lincoln National Forest, as adjusted pursuant
to this paragraph, shall be considered to be boundaries of the
Lincoln National Forest as of January 1, 1965.
(2) Management.--The Secretary shall manage the acquired
land in accordance with the Act of March 1, 1911 (commonly
known as the Weeks Act; 16 U.S.C. 480, 500, 513-519, 521, 552,
563), and in accordance with the other laws and regulations
applicable to National Forest System lands.
(g) Relation to Other Laws.--Subchapters II and III of chapter 5 of
title 40, United States Code, and the Agriculture Property Management
Regulations shall not apply to any action taken pursuant to this
section.
Passed the House of Representatives April 12, 2005.
Attest:
Clerk.