[Senate Report 108-373]
[From the U.S. Government Publishing Office]
Calendar No. 732
108th Congress Report
SENATE
2d Session 108-373
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PECOS NATIONAL HISTORICAL PARK LAND EXCHANGE ACT OF 2004
_______
September 28, 2004.--Ordered to be printed
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2622]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2622) 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, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pecos National Historical Park Land
Exchange Act of 2004''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Federal land.--The term ``Federal land'' means the
approximately 160 acres of Federal land within the Santa Fe
National Forest in the State, as depicted on the map.
(2) Landowner.--The term ``landowner'' means the 1 or more
owners of the non-Federal land.
(3) Map.--The term ``map'' means the map entitled ``Proposed
Land Exchange for Pecos National Historical Park'', numbered
430/80,054, dated November 19, 1999, and revised September 18,
2000.
(4) Non-federal land.--The term ``non-Federal land'' means
the approximately 154 acres of non-Federal land in the Park, as
depicted on the map.
(5) Park.--The term ``Park'' means the Pecos National
Historical Park in the State.
(6) Secretaries.--The term ``Secretaries'' means the
Secretary of the Interior and the Secretary of Agriculture,
acting jointly.
(7) State.--The term ``State'' means the State of New Mexico.
SEC. 3. LAND EXCHANGE.
(a) In General.--On conveyance by the landowner to the Secretary of
the Interior of the non-Federal land, title to which is acceptable to
the Secretary of the Interior--
(1) the Secretary of Agriculture shall, subject to the
conditions of this Act, convey to the landowner the Federal
land; and
(2) the Secretary of the Interior shall, subject to the
conditions of this Act, grant to the landowner the easement
described in subsection (b).
(b) Easement.--
(1) In general.--The easement referred to in subsection
(a)(2) is an easement (including an easement for service
access) for water pipelines to 2 well sites located in the
Park, as generally depicted on the map.
(2) Route.--The Secretary of the Interior, in consultation
with the landowner, shall determine the appropriate route of
the easement through the Park.
(3) Terms and conditions.--The easement shall include such
terms and conditions relating to the use of, and access to, the
well sites and pipeline, as the Secretary of the Interior, in
consultation with the landowner, determines to be appropriate.
(4) Applicable law.--The easement shall be established,
operated, and maintained in compliance with applicable Federal
law.
(c) Valuation, Appraisals, and Equalization.--
(1) In general.--The value of the Federal land and non-
Federal land--
(A) shall be equal, as determined by appraisals
conducted in accordance with paragraph (2); or
(B) if the value is not equal, shall be equalized in
accordance with paragraph (3).
(2) Appraisals.--
(A) In general.--The Federal land and non-Federal
land shall be appraised by an independent appraiser
selected by the Secretaries.
(B) Requirements.--An appraisal conducted under
subparagraph (A) shall be conducted in accordance
with--
(i) the Uniform Appraisal Standards for
Federal Land Acquisition; and
(ii) the Uniform Standards of Professional
Appraisal Practice.
(C) Approval.--The appraisals conducted under this
paragraph shall be submitted to the Secretaries for
approval.
(3) Equalization of values.--
(A) In general.--If the values of the non-Federal
land and the Federal land are not equal, the values may
be equalized by--
(i) the Secretary of the Interior making a
cash equalization payment to the landowner;
(ii) the landowner making a cash equalization
payment to the Secretary of Agriculture; or
(iii) reducing the acreage of the non-Federal
land or the Federal land, as appropriate.
(B) Cash equalization payments.--Any amounts received
by the Secretary of Agriculture as a cash equalization
payment under section 206(b) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1716(b)) shall--
(i) be deposited in the fund established by
Public Law 90-171 (commonly known as the ``Sisk
Act'') (16 U.S.C. 484a); and
(ii) be available for expenditure, without
further appropriation, for the acquisition of
land and interests in land in the State.
(d) Costs.--Before the completion of the exchange under this section,
the Secretaries and the landowner shall enter into an agreement that
allocates the costs of the exchange among the Secretaries and the
landowner.
(e) Applicable Law.--Except as otherwise provided in this Act, the
exchange of land and interests in land under this Act shall be in
accordance with--
(1) section 206 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1716); and
(2) other applicable laws, including the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(f) Additional Terms and Conditions.--The Secretaries may require, in
addition to any requirements under this Act, such terms and conditions
relating to the exchange of Federal land and non-Federal land and the
granting of easements under this Act as the Secretaries determine to be
appropriate to protect the interests of the United States.
(g) Completion of the Exchange.--
(1) In general.--The exchange of Federal land and non-Federal
land shall be completed not later than 180 days after the later
of--
(A) the date on which the requirements of the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) have been met;
(B) the date on which the Secretary of the Interior
approves the appraisals under subsection (c)(2)(C); or
(C) the date on which the Secretaries and the
landowner agree on the costs of the exchange and any
other terms and conditions of the exchange under this
section.
(2) Notice.--The Secretaries shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committee on
Resources of the House of Representatives notice of the
completion of the exchange of Federal land and non-Federal land
under this Act.
SEC. 4. ADMINISTRATION.
(a) In General.--The Secretary of the Interior shall administer the
non-Federal land acquired under this Act in accordance with the laws
generally applicable to units of the National Park System, including
the Act of August 25, 1916 (commonly known as the ``National Park
Service Organic Act'') (16 U.S.C. 1 et seq.).
(b) Maps.--
(1) In general.--The map shall be on file and available for
public inspection in the appropriate offices of the
Secretaries.
(2) Transmittal of revised map to congress.--Not later than
180 days after completion of the exchange, the Secretaries
shall transmit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Resources of the House of
Representatives a revised map that depicts--
(A) the Federal land and non-Federal land exchanged
under this Act; and
(B) the easement described in section 3(b).
PURPOSE OF THE MEASURE
The purpose of S. 2622 is to provide for a land exchange
among the Pecos National Historical Park, the Santa Fe National
Forest, and a private landowner in New Mexico.
BACKGROUND AND NEED
When the Pecos National Historic Park was redesignated in
1990, new lands were added and the scope and mission of the
Park were greatly expanded. The Glorieta Unit of the Park,
where this exchange is focused, protects key sites associated
with the 1862 Civil War Battle of Glorieta Pass, a significant
event that ended the Confederate attempt to expand the war into
the West. More than half of the land in the Unit is privately
owned, making public access, preservation of resources, and
cooperation with private property owners difficult.
S. 2622 proposes an equal-value exchange whereby the
National Park Service would acquire a private inholding
identified for purchase in the July 1993 Land Protection Plan.
The private landowner would acquire a parcel of land from the
Santa Fe National Forest that adjoins other lands owned by the
private party. The National Forest land to be acquired by the
private landowner is identified in the Santa Fe National Forest
Land and Resource Management Plan as suitable for exchange and
is largely surrounded by the private landowner's lands. Because
of the multi-agency nature of the exchange, there is no
existing administrative authority for the exchange.
LEGISLATIVE HISTORY
S. 2622 was introduced by Senator Bingaman for himself and
Senator Domenici on July 8, 2004. The Subcommittee on Public
Lands and Forests held a hearing on S. 2622 on July 21, 2004. A
similar bill, S. 2848, was passed by the Energy and Natural
Resource Committee in the 106th Congress (S. Rept. 106-429).
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in an
open business session on September 15, 2004, by a voice vote of
a quorum present, recommends that the Senate pass S. 511, if
amended as described herein.
COMMITTEE AMENDMENT
The amendment adopted by the Committee made technical and
clarifying changes to the legislation that clarify that the
Secretary of the Interior, the Secretary of Agriculture, and
the private landowner must all agree on the allocation of which
party or parties will pay for the cost of the exchange and any
other terms and conditions of the exchange.
SECTION-BY-SECTION ANALYSIS
Section 1 provides the short title.
Section 2 defines key terms.
Section 3(a) directs the Secretary of the Interior to
accept 154 acres of private land to be added to the Glorieta
Unit of the Pecos National Historic Park and directs the
Secretary of Agriculture to convey 160 acres of Santa Fe
National Forest land to the private landowner.
Subsection 3(b) directs the Secretary of the Interior to
grant the private landowner an easement for two water wells and
water pipelines located in the Park.
Subsection 3(c)-(e) directs how valuation, appraisal and
equalization shall be carried out.
Subsection 3(f) authorizes the Secretaries to add any
requirements to the exchange or granting of easements they deem
necessary to protect the interests of the United States.
Subsection 3(g) directs the timing of the exchange and
requires the Secretaries to notify the authorizing committees
when the exchange is completed.
Section 4 provides direction on how the acquired lands
shall be managed, and provides for the development and
transmittal of final maps.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
S. 2622--Pecos National Historical Park Land Exchange Act of 2004
CBO estimates that implementing S. 2622 would not
significantly affect the federal budget. The bill could affect
direct spending (including offsetting receipts), but we
estimate that any such effects would total less than $200,000.
S. 2622 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would have no significant impact on the budgets of state,
local, or tribal governments.
S. 2622 would authorize a land exchange among the Forest
Service, the National Park Service (NPS), and a private
landowner. In exchange for conveying to the Secretary of the
Interior 154 acres of privately owned land within the Pecos
National Historical Park in New Mexico, S. 2622 would direct
the Forest Service to convey to the private landowner 160 acres
of land that lies within the boundary of the Santa Fe National
Forest. As part of the exchange, the Secretary of the Interior
would grant the private landowner an easement to access two
existing water wells within the boundaries of the park. Based
on information from the Forest Service and the NPS, CBO
estimates that federal administrative costs to complete the
exchange would total less than $100,000 over the 2005-2006
period, assuming the availability of appropriated funds. We
also estimate that federal costs for land management would not
change significantly under S. 2622.
S. 2622 specifies that the properties to be exchanged must
be equal in value and, if differences in value are found, would
authorize cash equalization payments between the federal
government and the private landowner. Under the bill, the
Secretary of Agriculture could retain and spend, without
further appropriation, receipts from any such payments received
from the private landowner. However, based on information from
the agencies about the estimated value of the properties to be
exchanged, CBO estimates that any cash equalization payments
are not likely to exceed $200,000.
According to the Forest Service, the current management
plan for the Santa Fe National Forest identifies the federal
land to be conveyed as suitable for exchange. It currently
generates no significant receipts and is not expected to do so
over the next 10 years. Hence, we estimate that implementing
the exchange would not significantly affect offsetting receipts
(a credit against direct spending).
The CBO staff contact for this estimate is Megan Carroll.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 2622.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 2622.
EXECUTIVE COMMUNICATIONS
On July 21, 2004, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior, the Department of Agriculture, and the Office of
Management and Budget setting forth Executive agency
recommendations on S. 2622. These reports had not been received
when this report was filed. When the reports become available,
the Chairman will request that they be printed in the
Congressional Record for the advice of the Senate. The
testimony provided by the Department of the Interior at the
Subcommittee hearing on S. 2622 follows:
Statement of Mark Rey, National Forest System, Forest Service, U.S.
Department of Agriculture
Mr. Chairman, thank you for the opportunity to appear
before you today to provide the Department's views.
The bill would direct the Secretary of Agriculture to
convey approximately 160 acres located in the Santa Fe National
Forest in New Mexico to private landowners in exchange for 154
acres owned by the landowners within the Pecos National
Historic Park that would be conveyed to the Secretary of the
Interior.
The 160 acres of National Forest System land to be conveyed
are located on top of Glorieta Mesa and have been identified in
the Forest Plan as base for exchange; however, this land was
recommended for exchange to facilitate the acquisition of other
desirable property for National Forest purposes within the
Santa Fe National Forest. The federal parcel is undeveloped and
has relatively gentle topography.
The Department would not oppose the bill if amended to
clarify several points. We have concerns regarding potential
complications that could arise as this transaction proceeds and
would like to understand the committee's intent as to how these
should be resolved. We would like the opportunity to work with
the committee, bill sponsors and the National Park Service on
amendments to clarify expectations relative to the
applicability of the National Environmental Policy Act and
other applicable laws.
Although not specifically stated, the exchange would be
subject to the National Historic Preservation Act of 1966
(NHPA). The National Forest System lands have not been surveyed
for cultural resources. If, after survey, resources are found,
the exchange would be subject to Sec. 110(b) of NHPA, which
would require that data recovery precede conveyance. The
legislation should identify who would be responsible for the
data recovery costs in the event resources are found.
Appraisals would be submitted only to the Secretary of the
Interior for approval. We recommend an amendment to the
legislation that requires joint approval by both the
Secretaries of the Interior and Agriculture. If there is mutual
valuation approval, we recommend the USDA and USDOI jointly and
mutually secure a title policy, select an appraiser agreeable
to both agencies, jointly develop appraisal instructions and
jointly review and approve the appraisal. We look forward to
working with the Subcommittee, the sponsors, and the National
Park Service on amendments to this bill to ensure that the
final bill language reflects the needs and interests of all
parties to the exchange.
Statement of Chad Calvert, Assistant Secretary for Lands and Minerals
Management, U.S. Department of the Interior
Mr. Chairman and members of the subcommittee, thank you for
the opportunity to appear before you to present the position of
the Department of the Interior on S. 2622, a bill to provide
for a land exchange at Pecos National Historical Park in New
Mexico.
The Department supports this legislation with an amendment.
A hearing on a similar bill, S. 2848 was held during the 106th
Congress. At that time we supported the bill with several
amendments. S. 2622 has taken into consideration those
amendments as proposed. We do recommend minor changes to
clarify financial responsibilities for the appraisals and
completion of compliance documents. By making these changes,
and clarifying the map, we believe the exchange could be easily
accomplished. However, we defer to the U.S. Forest Service with
respect to a determination that the lands they would convey are
excess to their needs and available to be used as part of the
proposed land exchange.
S. 2622 proposes an exchange among the U.S. Forest Service,
National Park Service and a private landowner. The private
landowner would convey 154 acres of land to the National Park
Service at Pecos National Historical Park. The U.S. Forest
Service would then convey 160 acres of federal land to the
private landowner. Because the land already is within the
boundary of the park and identified for purchase in the July
1993 Land Protection Plan, no boundary adjustment would be
needed. As part of the exchanges the private landowner would be
given an easement to allow access to two existing wells. The
bill also allows for the Secretaries to establish additional
terms and conditions on the exchange in order to protect the
interest of the federal government.
We understand the U.S. Forest Service parcel proposed for
the exchange is undeveloped. There are no public utilities
within one half mile of the parcel and no environmental
analysis has been completed on this parcel.
We propose minor changes to the language to ensure that all
parties understand that the landowner will assume the cost of
the appraisals and associated environmental compliance. The
legislation must be clear that neither Secretary is responsible
for those costs. The proposed amendment is attached to this
testimony.
S. 2622 would continue the expansion of the park that was
begun when lands were added to the boundary in 1990, and allow
the National Park Service to more adequately and completely
serve park visitors and protect park resources. This new bill
also reflects the needs and interests of all of the parties to
the exchange and should allow completion of the exchange in the
most direct manner.
Pecos National Historical Park (NHP) was established in
1965 as Pecos National Monument and was redesignated in 1990.
The park includes almost 7,000 acres in three units and tells
the story of 12,000 years of human history. This story includes
that of the people of the Pecos Pueblo who made their homes at
a trading crossroads and the effects of Spanish colonization
from the south and the movement westward along the Santa Fe
Trail. In addition, Pecos NHP tells the story of one of the
most interesting battles of the Civil War fought in the west,
the Battle of Glorieta Pass. It is also home to a 20th century
ranch that illustrates how important and critical this natural
and cultural crossroads is to the history of America.
Of foremost importance in Pecos NHP is the Pecos River, one
of only five in New Mexico that is free-flowing year-round. The
mosaic of the riparian environment, high elevation forest,
grasslands, and meadows sustains valuable and variable wildlife
habitats and ecosystems that are prominent features and vital
to the park's cultural landscapes.
When the park was redesignated in 1990, new lands were
added and the scope and mission of the park were greatly
expanded. The Glorieta Unit, divided into two sub- units, each
containing approximately three hundred acres, preserves sites
of the Civil War action at Glorieta Pass. More than half of the
land in these two units is privately owned, making public
access, preservation of resources, and protection of property
rights difficult. The lands proposed for exchange in S. 2622
are in the Canoncito subunit, the westernmost portion of the
park.
That concludes my remarks. I would be happy to answer any
questions you may have.
Proposed amendment: Page 6, line 3, strike all after
``Costs.--'' and insert ``Before the completion of the exchange
under this section, the Secretaries and the landowner shall
enter into an agreement that states that the landowner shall
pay the cost of the appraisals and associated environmental
compliance documents. Additional costs of the exchange will be
allocated in the agreement between the Secretaries and the
landowner.''.
I would be happy to answer any questions.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 2622 as ordered
reported.