[Senate Report 109-7]
[From the U.S. Government Publishing Office]
Calendar No. 18
109th Congress Report
SENATE
1st Session 109-7
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PECOS NATIONAL HISTORIC PARK LAND EXCHANGE ACT OF 2005
_______
February 23, 2005.--Ordered to be printed
Filed, under authority of the order of the Senate of February 17, 2005
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 47]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 47) 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 without amendment and recommends that the
bill do pass.
PURPOSE OF THE MEASURE
The purpose of S. 47 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 Historical 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. 47 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. 47 was introduced by Senator Bingaman for himself and
Senator Domenici on January 24, 2005. A similar bill (S. 2622)
was introduced by Senator Bingaman for himself and Senator
Domenici in the 108th Congress. The Subcommittee on Public
Lands and Forests held a hearing on S. 2622 on July 21, 2004
(S. Hrg. 108-714). S. 2622 was favorably reported by the
Committee, with an amendment in the nature of a substitute, on
September 28, 2004 (S. Rept. 108-373). 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 February 9, 2005, by a voice vote of a
quorum present, recommends that the Senate pass S. 47.
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.
February 14, 2005.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 47, the Pecos
National Historical Park Land Exchange Act of 2005.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Lisa Cash
Driskill.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
S. 47--Pecos National Historical Park Land Exchange Act of 2005
CBO estimates that implementing S. 47 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. 47 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. 47 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. 47 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 2006-2007
period, assuming the availability of appropriated funds. We
also estimate that federal costs for land management would not
change significantly under S. 47.
S. 47 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 Lisa Cash
Driskill. 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. 47.
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. 47.
EXECUTIVE COMMUNICATIONS
The view of the administration was included in testimony
received by the Committee at a hearing on S. 2622, on July 21,
2004.
Statement of Mark Rey, Under Secretary, Natural Resources and the
Environment, Forest Service, 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, Deputy Assistant Secretary, Lands and
Minerals Management, 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 subunits, 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.''.
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. 47 as ordered
reported.