[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