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113 TH CONGRESS1ST SESSION S.
llTo designate the Organ Mountains and other public land as componentsof the National Wilderness Preservation System in the State of NewMexico, to establish the Organ MountainsDesert Peaks National Monu-ment, and for other purposes.
IN THE SENATE OF THE UNITED STATES
llllllllllMr. U DALL of New Mexico (for himself and Mr. H EINRICH ) introduced the
following bill; which was read twice and referred to the Committee on llllllllll
A BILL
To designate the Organ Mountains and other public landas components of the National Wilderness PreservationSystem in the State of New Mexico, to establish theOrgan MountainsDesert Peaks National Monument,and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled,2
SECTION 1. SHORT TITLE.3
This Act may be cited as the Organ Mountains4
Desert Peaks Conservation Act.5
SEC. 2. DEFINITIONS.6
In this Act:7
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(1) M ANAGEMENT PLAN .The term manage-1
ment plan means the management plan for the2
Monument developed under section 4(d).3
(2) M ONUMENT .The term Monument4
means the Organ MountainsDesert Peaks Na-5
tional Monument established by section 4(a).6
(3) P UBLIC LAND ORDER .The term Public7
Land Order means the Public Land Order 833,8
dated May 21, 1952 (17 Fed. Reg. 4822).9
(4) S ECRETARY .The term Secretary means10
the Secretary of the Interior.11
(5) S TATE .The term State means the State12
of New Mexico.13
SEC. 3. DESIGNATION OF WILDERNESS AREAS.14
(a) I N GENERAL .In accordance with the Wilderness15
Act (16 U.S.C. 1131 et seq.), the following areas in the16
State are designated as wilderness and as components of17
the National Wilderness Preservation System:18
(1) A DEN LAVA FLOW WILDERNESS .Certain19
land administered by the Bureau of Land Manage-20
ment in Don a Ana County comprising approximately21
27,673 acres, as generally depicted on the map enti-22
tled Potrillo Mountains Complex and dated De-23
cember 10, 2013, which shall be known as the24
Aden Lava Flow Wilderness.25
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(2) B ROAD CANYON WILDERNESS .Certain1
land administered by the Bureau of Land Manage-2
ment in Don a Ana County comprising approximately3
13,902 acres, as generally depicted on the map enti-4
tled Desert Peaks Wilderness and dated Decem-5
ber 10, 2013, which shall be known as the Broad6
Canyon Wilderness.7
(3) C INDER CONE WILDERNESS .Certain land8
administered by the Bureau of Land Management in9
Don a Ana County comprising approximately 16,93510
acres, as generally depicted on the map entitled11
Potrillo Mountains Complex and dated December12
10, 2013, which shall be known as the Cinder Cone13
Wilderness.14
(4) O RGAN MOUNTAINS WILDERNESS .Certain15
land administered by the Bureau of Land Manage-16
ment in Don a Ana County comprising approximately17
19,197 acres, as generally depicted on the map enti-18
tled Organ Mountains Area and dated December19
10, 2013, which shall be known as the Organ20
Mountains Wilderness, the boundary of which shall21
be offset 400 feet from the centerline of Dripping22
Springs Road in T. 23 S., R. 04 E., sec. 7, New23
Mexico Principal Meridian.24
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(5) P OTRILLO MOUNTAINS WILDERNESS .Cer-1
tain land administered by the Bureau of Land Man-2
agement in Don a Ana and Luna counties comprising3
approximately 125,854 acres, as generally depicted4
on the map entitled Potrillo Mountains Complex5
and dated December 10, 2013, which shall be known6
as the Potrillo Mountains Wilderness.7
(6) R OBLEDO MOUNTAINS WILDERNESS .Cer-8
tain land administered by the Bureau of Land Man-9
agement in Don a Ana County comprising approxi-10
mately 16,776 acres, as generally depicted on the11
map entitled Desert Peaks Complex and dated12
December 10, 2013, which shall be known as the13
Robledo Mountains Wilderness.14
(7) S IERRA DE LAS UVAS WILDERNESS .Cer-15
tain land administered by the Bureau of Land Man-16
agement in Don a Ana County comprising approxi-17
mately 11,114 acres, as generally depicted on the18
map entitled Desert Peaks Complex and dated19
December 10, 2013, which shall be known as the20
Sierra de las Uvas Wilderness.21
(8) W HITETHORN WILDERNESS .Certain land22
administered by the Bureau of Land Management in23
Don a Ana and Luna counties comprising approxi-24
mately 9,616 acres, as generally depicted on the25
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map entitled Potrillo Mountains Complex and1
dated December 10, 2013, which shall be known as2
the Whitethorn Wilderness.3
(b) M ANAGEMENT .Subject to valid existing rights,4
the wilderness areas designated by subsection (a) shall be5
administered by the Secretary in accordance with this Act6
and the Wilderness Act (16 U.S.C. 1131 et seq.) except7
that8
(1) any reference in the Wilderness Act to the9
effective date of that Act shall be considered to be10
a reference to the date of enactment of this Act; and11
(2) any reference in the Wilderness Act to the12
Secretary of Agriculture shall be considered to be a13
reference to the Secretary of the Interior.14
(c) I NCORPORATION OF A CQUIRED L AND AND INTER -15
ESTS IN L AND .Any land or interest in land that is with-16
in the boundary of a wilderness area designated by sub-17
section (a) that is acquired by the United States shall18
(1) become part of the wilderness area within19
the boundaries of which the land is located; and20
(2) be managed in accordance with21
(A) the Wilderness Act (16 U.S.C. 1131 et22
seq.);23
(B) this Act; and24
(C) any other applicable laws.25
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(d) G RAZING .Grazing of livestock in the wilderness1
areas designated by subsection (a), where established be-2
fore the date of enactment of this Act, shall be adminis-3
tered in accordance with4
(1) section 4(d)(4) of the Wilderness Act (165
U.S.C. 1133(d)(4)); and6
(2) the guidelines set forth in Appendix A of7
the Report of the Committee on Interior and Insular8
Affairs to accompany H.R. 2570 of the 101st Con-9
gress (H. Rept. 101405).10
(e) M ILITARY O VERFLIGHTS .Nothing in this sec-11
tion restricts or precludes12
(1) low-level overflights of military aircraft over13
the wilderness areas designated by subsection (a),14
including military overflights that can be seen or15
heard within the wilderness areas;16
(2) the designation of new units of special air-17
space over the wilderness areas designated by this18
Act; or19
(3) the use or establishment of military flight20
training routes over wilderness areas designated by21
this Act.22
(f) B UFFER ZONES .23
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(1) I N GENERAL .Nothing in this section cre-1
ates a protective perimeter or buffer zone around2
any wilderness area designated by subsection (a).3
(2) A CTIVITIES OUTSIDE WILDERNESS 4
AREAS .The fact that an activity or use on land5
outside any wilderness area designated by subsection6
(a) can be seen or heard within the wilderness area7
shall not preclude the activity or use outside the8
boundary of the wilderness area.9
(g) P ARAGLIDING .The use of paragliding within10
areas of the Potrillo Mountains Wilderness designated by11
subsection (a)(5) in which the use has been established12
before the date of enactment of this Act, shall be allowed13
to continue in accordance with section 4(d)(1) of the Wil-14
derness Act (16 U.S.C. 1133(d)(1)), subject to any terms15
and conditions that the Secretary determines to be nec-16
essary.17
(h) P OTENTIAL W ILDERNESS A REA .18
(1) R OBLEDO MOUNTAINS POTENTIAL WILDER -19
NESS AREA .20
(A) I N GENERAL .Certain land adminis-21
tered by the Bureau of Land Management,22
comprising approximately 100 acres as gen-23
erally depicted as Potential Wilderness on the24
map entitled Desert Peaks Complex and25
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(II) the associated right-of-way is1
relinquished or not renewed; and2
(III) the conditions in the poten-3
tial wilderness area designated by sub-4
paragraph (A) are compatible with the5
Wilderness Act (16 U.S.C. 1131 et6
seq.).7
(i) R ELEASE OF W ILDERNESS STUDY A REAS .Con-8
gress finds that, for purposes of section 603(c) of the Fed-9
eral Land Policy and Management Act of 1976 (43 U.S.C.10
1782(c)), the public land in Don a Ana County adminis-11
tered by the Bureau of Land Management not designated12
as wilderness by subsection (a)13
(1) has been adequately studied for wilderness14
designation;15
(2) is no longer subject to section 603(c) of the16
Federal Land Policy and Management Act of 197617
(43 U.S.C. 1782(c)); and18
(3) shall be managed in accordance with19
(A) the Federal Land Policy and Manage-20
ment Act of 1976 (43 U.S.C. 1701 et seq.);21
(B) this Act; and22
(C) any other applicable laws.23
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SEC. 4. ESTABLISHMENT OF NATIONAL MONUMENT.1
(a) E STABLISHMENT .There is established as a Na-2
tional Monument in the State certain land administered3
by the Bureau of Land Management in Don a Ana County4
comprising approximately 498,815 acres, as generally de-5
picted on the maps entitled Organ Mountains Area,6
Potrillo Mountains Complex, and Desert Peaks Com-7
plex and dated December 10, 2013, to be known as the8
Organ MountainsDesert Peaks National Monument.9
(b) P URPOSE .The purpose of the Monument is to10
conserve, protect, and enhance for the benefit and enjoy-11
ment of present and future generations the cultural, ar-12
chaeological, historical, natural, wildlife, geological, eco-13
logical, watershed, educational, scenic, and recreational re-14
sources and values of the Monument.15
(c) M ANAGEMENT .16
(1) I N GENERAL .The Secretary (acting17
through the Director of the Bureau of Land Man-18
agement) shall manage the Monument19
(A) in a manner that conserves, protects,20
and enhances the resources of the Monument;21
and22
(B) in accordance with23
(i) the Federal Land Policy and Man-24
agement Act of 1976 (43 U.S.C. 1701 et25
seq.);26
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(ii) this Act; and1
(iii) any other applicable laws.2
(2) U SES .3
(A) I N GENERAL .The Secretary shall4
allow only such uses of the Monument that the5
Secretary determines would further the purpose6
described in subsection (b).7
(B) U SE OF MOTORIZED VEHICLES .8
(i) I N GENERAL .Except as needed9
for administrative purposes or to respond10
to an emergency, the use of motorized ve-11
hicles in the Monument shall be permitted12
only on roads designated for use by motor-13
ized vehicles in the management plan.14
(ii) N EW ROADS .No additional road15
shall be built within the Monument after16
the date of enactment of this Act unless17
the road is necessary for public safety or18
natural resource protection.19
(C) G RAZING .The Secretary shall permit20
grazing within the Monument, where estab-21
lished before the date of enactment of this22
Act23
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(i) subject to all applicable laws (in-1
cluding regulations) and Executive orders;2
and3
(ii) consistent with the purpose de-4
scribed in subsection (b).5
(D) U TILITY RIGHT -OF - WAY UPGRADES .6
Nothing in this section precludes the Secretary7
from renewing or authorizing the upgrading8
(including widening) of a utility right-of-way in9
existence as of the date of enactment of this10
Act through the Monument in a manner that11
minimizes harm to the purpose of the Monu-12
ment described in subsection (b)13
(i) in accordance with14
(I) the National Environmental15
Policy Act of 1969 (42 U.S.C. 432116
et seq.); and17
(II) any other applicable law; and18
(ii) subject to such terms and condi-19
tions as the Secretary determines to be ap-20
propriate.21
(E) R IGHT -OF - WAY .Subject to applicable22
law, the Secretary may issue rights-of-way for23
watershed restoration projects and small-scale24
flood prevention projects within the boundary of25
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the Monument if the right-of-way is consistent1
with the purpose of the Monument described in2
subsection (b).3
(d) M ANAGEMENT P LAN .4
(1) I N GENERAL .Not later than 3 years after5
the date of enactment of this Act, the Secretary6
shall develop a management plan for the Monument.7
(2) C ONSULTATION .The management plan8
shall be developed in consultation with9
(A) interested Federal agencies;10
(B) State, tribal, and local governments;11
and12
(C) the public.13
(3) C ONSIDERATIONS .In preparing and imple-14
menting the management plan, the Secretary shall15
(A) consider the recommendations of In-16
dian tribes and pueblos on methods for pro-17
viding access to, and protection for, traditional18
cultural and religious sites in the Monument;19
and20
(B) include a watershed health assessment21
to identify opportunities for watershed restora-22
tion.23
(e) I NCORPORATION OF A CQUIRED L AND AND INTER -24
ESTS IN L AND .25
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(1) I N GENERAL .Any land or interest in land1
that is within the boundary of the Monument des-2
ignated by subsection (a) or within the State trust3
land described in paragraph (2) that is acquired by4
the United States shall5
(A) become part of the Monument; and6
(B) be managed in accordance with7
(i) this Act; and8
(ii) any other applicable laws.9
(2) D ESCRIPTION OF STATE TRUST LAND .10
The State trust land referred to in paragraph (1) is11
the State trust land in T. 22 S., R 01 W., New Mex-12
ico Principal Meridian and T. 22 S., R. 02 W., New13
Mexico Principal Meridian.14
(f) T RANSFER OF A DMINISTRATIVE J URISDICTION .15
On the date of enactment of this Act, administrative juris-16
diction over the approximately 2,050 acres of land gen-17
erally depicted as Parcel D on the map entitled Organ18
Mountains Area and dated December 10, 2013, shall19
(1) be transferred from the Secretary of De-20
fense to the Secretary;21
(2) become part of the Monument; and22
(3) be managed in accordance with23
(A) this Act; and24
(B) any other applicable laws.25
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SEC. 5. GENERAL PROVISIONS.1
(a) M APS AND L EGAL DESCRIPTIONS .2
(1) I N GENERAL .As soon as practicable after3
the date of enactment of this Act, the Secretary4
shall file maps and legal descriptions of the Monu-5
ment and the wilderness areas designated by this6
Act with7
(A) the Committee on Energy and Natural8
Resources of the Senate; and9
(B) the Committee on Natural Resources10
of the House of Representatives.11
(2) F ORCE OF LAW .The maps and legal de-12
scriptions filed under paragraph (1) shall have the13
same force and effect as if included in this Act, ex-14
cept that the Secretary may correct errors in the15
maps and legal descriptions.16
(3) P UBLIC AVAILABILITY .The maps and17
legal descriptions filed under paragraph (1) shall be18
on file and available for public inspection in the ap-19
propriate offices of the Bureau of Land Manage-20
ment.21
(b) N ATIONAL L ANDSCAPE CONSERVATION S YS -22
TEM .The Monument and the wilderness areas des-23
ignated by this Act shall be administered as components24
of the National Landscape Conservation System.25
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(c) F ISH AND W ILDLIFE .Nothing in this Act af-1
fects the jurisdiction of the State with respect to fish and2
wildlife located on public land in the State, except that3
the Secretary, after consultation with the New Mexico De-4
partment of Game and Fish, may designate zones where,5
and establish periods during which, no hunting or fishing6
shall be permitted for reasons of public safety, administra-7
tion, or compliance with applicable law.8
(d) W ITHDRAWALS .9
(1) I N GENERAL .Subject to valid existing10
rights, the Federal land within the Monument, the11
wilderness areas designated by this Act, and any12
land or interest in land that is acquired by the13
United States in the Monument or wilderness areas14
after the date of enactment of this Act is withdrawn15
from16
(A) entry, appropriation, or disposal under17
the public land laws;18
(B) location, entry, and patent under the19
mining laws; and20
(C) operation of the mineral leasing, min-21
eral materials, and geothermal leasing laws.22
(2) P ARCEL A .The approximately 1,300 acres23
of land generally depicted as Parcel A on the map24
entitled Organ Mountains Area and dated Decem-25
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ber 10, 2013, is withdrawn in accordance with para-1
graph (1), except that the land is not withdrawn2
from disposal under the Act of June 14, 1926 (com-3
monly known as the Recreation and Public Pur-4
poses Act) (43 U.S.C. 869 et seq.).5
(3) P ARCEL B .The approximately 6,500 acres6
of land generally depicted as Parcel B on the map7
entitled Organ Mountains Area and dated Decem-8
ber 10, 2013, is withdrawn in accordance with para-9
graph (1), except that the land is not withdrawn for10
purposes of the issuance of oil and gas pipeline11
rights-of-way.12
(e) C LIMATOLOGIC D ATA COLLECTION .Subject to13
such terms and conditions as the Secretary may prescribe,14
nothing in this Act precludes the installation and mainte-15
nance of hydrologic, meteorologic, or climatologic collec-16
tion devices in the Monument or wilderness areas des-17
ignated by section 3(a) if the facilities and access to the18
facilities are essential to flood warning, flood control, or19
water reservoir operation activities.20
SEC. 6. BORDER SECURITY.21
(a) I N GENERAL .Nothing in this Act22
(1) prevents the Secretary of Homeland Secu-23
rity from undertaking law enforcement and border24
security activities, in accordance with section 4(c) of25
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the Wilderness Act (16 U.S.C. 1133(c)), within the1
areas designated as wilderness by this Act, including2
the ability to use motorized access within a wilder-3
ness area while in pursuit of a suspect;4
(2) affects the 2006 Memorandum of Under-5
standing among the Department of Homeland Secu-6
rity, the Department of the Interior, and the De-7
partment of Agriculture regarding cooperative na-8
tional security and counterterrorism efforts on Fed-9
eral land along the borders of the United States; or10
(3) prevents the Secretary of Homeland Secu-11
rity from conducting any low-level overflights over12
the wilderness areas designated by this Act that may13
be necessary for law enforcement and border secu-14
rity purposes.15
(b) W ITHDRAWAL AND A DMINISTRATION OF CER -16
TAIN A REA .17
(1) W ITHDRAWAL .The area identified as18
Parcel E on the map entitled Potrillo Mountains19
Complex and dated December 10, 2013, is with-20
drawn in accordance with section 5(d)(1).21
(2) A DMINISTRATION .Except as provided in22
paragraphs (3) and (4), the Secretary shall admin-23
ister the area described in paragraph (1) in a man-24
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ner that, to the maximum extent practicable, pro-1
tects the wilderness character of the area.2
(3) U SE OF MOTOR VEHICLES .The use of3
motor vehicles, motorized equipment, and mechan-4
ical transport shall be prohibited in the area de-5
scribed in paragraph (1) except as necessary for6
(A) the administration of the area (includ-7
ing the conduct of law enforcement and border8
security activities in the area); or9
(B) grazing uses by authorized permittees.10
(4) E FFECT OF SUBSECTION .Nothing in this11
subsection precludes the Secretary from allowing12
within the area described in paragraph (1) the in-13
stallation and maintenance of communication or sur-14
veillance infrastructure necessary for law enforce-15
ment or border security activities.16
(c) R ESTRICTED ROUTE .The route excluded from17
the Potrillo Mountains Wilderness identified as Re-18
strictedAdministrative Access on the map entitled19
Potrillo Mountains Complex and dated December 10,20
2013, shall be21
(1) closed to public access; but22
(2) available for administrative and law enforce-23
ment uses, including border security activities.24
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(c) M ODIFICATION OF P UBLIC L AND ORDER .The1
Public Land Order is modified to exclude the land de-2
scribed in section 4(f).3
(d) P UBLICATION IN F EDERAL REGISTER .As soon4
as practicable after the date of enactment of this Act, the5
Secretary shall publish in the Federal Register6
(1) a legal description of the land described in7
section 4(f);8
(2) a legal description of the land described in9
subsection (a);10
(3) a description of the withdrawal of land11
under subsection (b); and12
(4) a description of the modifications to the13
Public Land Order under subsection (c).14
(e) R EIMBURSEMENT OF COSTS .The Secretary of15
the Army shall reimburse the Secretary for any costs in-16
curred by the Secretary in carrying out this section.17
SEC. 9. LAND EXCHANGES.18
(a) I N GENERAL .Subject to subsections (c) through19
(f), the Secretary shall attempt to enter into an agreement20
to initiate an exchange under section 2201.1 of title 43,21
Code of Federal Regulations (or successor regulations),22
with the Commissioner of Public Lands of New Mexico,23
by the date that is 18 months after the date of enactment24
of this Act, to provide for a conveyance to the State of25
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all right, title, and interest of the United States in and1
to Bureau of Land Management land in the State identi-2
fied under subsection (b) in exchange for the conveyance3
by the State to the Secretary of all right, title, and interest4
of the State in and to parcels of State trust land within5
the boundary of the Monument identified under that sub-6
section or described in section 4(e)(2).7
(b) I DENTIFICATION OF L AND FOR E XCHANGE .8
The Secretary and the Commissioner of Public Lands of9
New Mexico shall jointly identify the Bureau of Land10
Management land and State trust and eligible for ex-11
change under this section, the exact acreage and legal de-12
scription of which shall be determined by surveys approved13
by the Secretary and the New Mexico State Land Office.14
(c) A PPLICABLE L AW .A land exchange under sub-15
section (a) shall be carried out in accordance with section16
206 of the Federal Land Policy and Management Act of17
1976 (43 U.S.C. 1716).18
(d) C ONDITIONS .A land exchange under subsection19
(a) shall be subject to20
(1) valid existing rights; and21
(2) such terms as the Secretary and the State22
shall establish.23
(e) V ALUATION , A PPRAISALS , AND E QUALIZATION .24
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(1) I N GENERAL .The value of the Bureau of1
Land Management land and the State trust land to2
be conveyed in a land exchange under this sub-3
section4
(A) shall be equal, as determined by ap-5
praisals conducted in accordance with para-6
graph (2); or7
(B) if not equal, shall be equalized in ac-8
cordance with paragraph (3).9
(2) A PPRAISALS .10
(A) I N GENERAL .The Bureau of Land11
Management land and State trust land to be12
exchanged under this section shall be appraised13
by an independent, qualified appraiser that is14
agreed to by the Secretary and the State.15
(B) R EQUIREMENTS .An appraisal under16
subparagraph (A) shall be conducted in accord-17
ance with18
(i) the Uniform Appraisal Standards19
for Federal Land Acquisitions; and20
(ii) the Uniform Standards of Profes-21
sional Appraisal Practice.22
(3) E QUALIZATION .23
(A) I N GENERAL .If the value of the Bu-24
reau of Land Management land and the State25
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trust land to be conveyed in a land exchange1
under this section is not equal, the value may2
be equalized by3
(i) making a cash equalization pay-4
ment to the Secretary or to the State, as5
appropriate, in accordance with section6
206(b) of the Federal Land Policy and7
Management Act of 1976 (43 U.S.C.8
1716(b)); or9
(ii) reducing the acreage of the Bu-10
reau of Land Management land or State11
trust land to be exchanged, as appropriate.12
(B) C ASH EQUALIZATION PAYMENTS .13
Any cash equalization payments received by the14
Secretary under subparagraph (A)(i) shall be15
(i) deposited in the Federal Land Dis-16
posal Account established by section17
206(a) of the Federal Land Transaction18
Facilitation Act (43 U.S.C. 2305(a)); and19
(ii) used in accordance with that Act.20
(f) L IMITATION .No exchange of land shall be con-21
ducted under this section unless mutually agreed to by the22
Secretary and the State.23
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