[Congressional Bills 109th Congress] [From the U.S. Government Publishing Office] [H.R. 482 Reported in Senate (RS)] Calendar No. 555 109th CONGRESS 2d Session H. R. 482 [Report No. 109-312] _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES April 13, 2005 Received; read twice and referred to the Committee on Energy and Natural Resources July 31, 2006 Reported by Mr. Domenici, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] _______________________________________________________________________ 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, <DELETED>SECTION 1. SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Pine Springs Land Exchange Act''.</DELETED> <DELETED>SEC. 2. LAND EXCHANGE, LINCOLN NATIONAL FOREST, NEW MEXICO.</DELETED> <DELETED> (a) Definitions.--In this section:</DELETED> <DELETED> (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.</DELETED> <DELETED> (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.</DELETED> <DELETED> (b) Land Exchange Required.--</DELETED> <DELETED> (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.</DELETED> <DELETED> (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.</DELETED> <DELETED> (3) Costs of implementing the exchange.--The costs of implementing the land exchange shall be shared equally by the Secretary and Lubbock Christian University.</DELETED> <DELETED> (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.</DELETED> <DELETED> (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.</DELETED> <DELETED> (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.</DELETED> <DELETED> (e) Revocation and Withdrawal.--</DELETED> <DELETED> (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.</DELETED> <DELETED> (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.).</DELETED> <DELETED> (f) Administration of Land Acquired by United States.-- </DELETED> <DELETED> (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.</DELETED> <DELETED> (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.</DELETED> <DELETED> (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.</DELETED> SECTION 1. SHORT TITLE. This Act may be cited as the ``Pine Springs Land Exchange Act''. SEC. 2. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means the 3 parcels of Forest land (including any improvements on the land), comprising approximately 80 acres, as depicted on the map. (2) Forest.--The term ``Forest'' means the Lincoln National Forest in the State of New Mexico. (3) Map.--The term ``map'' means the map entitled ``Pine Springs Land Exchange'' and dated May 25, 2004. (4) Non-federal land.--The term ``non-Federal land'' means the parcel of University land comprising approximately 80 acres, as depicted on the map. (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (6) University.--The term ``University'' means Lubbock Christian University in the State of New Mexico. SEC. 3. LAND EXCHANGE. (a) In General.--In exchange for the conveyance to the Secretary of the non-Federal land by the University, the Secretary shall convey to the University, by quitclaim deed, all right, title, and interest of the United States in and to the Federal land. (b) Map.-- (1) Availability of map.--The map shall be on file and available for inspection in-- (A) the Office of the Chief of the Forest Service; and (B) the Office of the Supervisor of Lincoln National Forest. (2) Minor errors.--The Secretary and the University may correct any minor errors in the map. SEC. 4. EXCHANGE TERMS AND CONDITIONS. (a) In General.--The conveyance of Federal land under section 3(a) shall be subject to-- (1) any valid existing rights; and (2) any additional terms and conditions that the Secretary determines to be appropriate to protect the interests of the United States. (b) Acceptable Title.--Title to the non-Federal land shall-- (1) conform with the title approval standards of the Attorney General applicable to Federal land acquisitions; and (2) otherwise be acceptable to the Secretary. (c) Compliance With Federal Land Policy and Management Act.--The land exchange authorized under section 3(a) shall be carried out in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716). (d) Costs.--The costs of carrying out the exchange of Federal land and non-Federal land shall be shared equally by the Secretary and the University. SEC. 5. MISCELLANEOUS PROVISIONS. (a) 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 in accordance with this Act. (2) Withdrawal of federal land.--Subject to valid existing rights, pending the completion of the land exchange under section 3(a), the Federal land is withdrawn from all forms of location, entry, and patent under the public land laws, including-- (A) the mining and mineral leasing laws; and (B) the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.). (b) Administration of Land Acquired by the United States.-- (1) Boundary adjustment.--On acceptance of title by the Secretary to the non-Federal land-- (A) the non-Federal land shall become part of the Forest; and (B) the boundaries of the Forest shall be adjusted to include the acquired land. (2) Land and water conservation fund.--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 Forest, as modified under paragraph (1), shall be considered to be boundaries of the Forest as of January 1, 1965. (3) Management.--The Secretary shall manage the non-Federal land acquired under section 3(a) in accordance with-- (A) the Act of March 1, 1911 (commonly known as the ``Weeks Law'') (16 U.S.C. 480 et seq.); and (B) any other laws (including regulations) applicable to National Forest System land. (c) Duties of Secretary.--In exercising any discretion necessary to carry out this Act, the Secretary shall ensure that the public interest is well served. Calendar No. 555 109th CONGRESS 2d Session H. R. 482 [Report No. 109-312] _______________________________________________________________________ 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. _______________________________________________________________________ July 31, 2006 Reported with an amendment