[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 341 Reported in Senate (RS)]

                                                        Calendar No. 99

103d CONGRESS

  1st Session

                                 S. 341

                          [Report No. 103-61]

_______________________________________________________________________

                                 A BILL

To provide for a land exchange between the Secretary of Agriculture and 
     Eagle and Pitkin Counties in Colorado, and for other purposes.

_______________________________________________________________________

                             June 22, 1993

                        Reported with amendments





                                                        Calendar No. 99
103d CONGRESS
  1st Session
                                 S. 341

                          [Report No. 103-61]

To provide for a land exchange between the Secretary of Agriculture and 
     Eagle and Pitkin Counties in Colorado, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 4 (legislative day, January 5), 1993

Mr. Campbell (for himself and Mr. Brown) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                             June 22, 1993

               Reported by Mr. Johnston, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
To provide for a land exchange between the Secretary of Agriculture and 
     Eagle and Pitkin Counties in Colorado, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) Eagle and Pitkin Counties in the State of Colorado 
        (hereinafter in this Act referred to as the ``Counties'') are 
        offering to convey to the United States approximately one 
        thousand three hundred and seven acres of patented mining claim 
        properties owned by the Counties within or adjacent to the 
        White River National Forest (hereinafter in this Act referred 
        to as the ``National Forest inholdings''), including 
        approximately six hundred and sixty nine acres of inholdings 
        within the Holy Cross, Hunter-Fryingpan, Collegiate Peaks, and 
        Maroon Bells-Snowmass Wilderness Areas;
            (2) the properties identified in paragraph (1) are National 
        Forest inholdings whose acquisition by the United States, would 
        facilitate better management of the White River National Forest 
        and its wilderness resources; and
            (3) certain lands owned by the United States within Eagle 
        County comprising approximately two hundred and seventeen acres 
        and known as the Mt. Sopris Tree Nursery (hereinafter in this 
        Act referred to as the ``nursery lands'') are available for 
        exchange and the Counties desire to acquire portions of the 
        nursery lands for public purposes.
    (b) Purposes.--The purposes of this Act are--
            (1) to provide the opportunity for an exchange whereby the 
        Counties would transfer to the United States the National 
        Forest inholdings in exchange for portions of the nursery 
        lands;
            (2) to provide an expedited mechanism under Federal law for 
        resolving any private title claims to the National Forest 
        inholdings if the exchange is consummated; and
            (3) after the period of limitations has run for 
        adjudication of all private title claims to the National Forest 
        inholdings, to quiet title in the inholdings in the United 
        States subject to valid existing rights adjudicated pursuant to 
        this Act.

SEC. 2. OFFER OF EXCHANGE.

    (a) Offer by the Counties.--The exchange directed by this Act shall 
be consummated if within ninety days after enactment of this Act, the 
Counties offer to transfer to the United States, pursuant to the 
provisions of this Act, all right, title, and interest of the Counties 
in and to approximately--
            (1) one thousand two hundred and fifty eight acres of lands 
        owned by Pitkin County within and adjacent to the boundaries of 
        the White River National Forest, Colorado, and generally 
        depicted as parcels 1-53 on maps entitled ``Pitkin County Lands 
        to Forest Service'', numbered 1-11, and dated April 1990, 
        except for parcels 20 (Twilight), 21 (Little Alma), the 
        Highland Chief, and Alaska portions of parcel 25 depicted on 
        map 7, and parcel 52 (Iron King) on map 11, which shall remain 
        in their current ownership; and
            (2) forty-nine acres of land owned by Eagle County within 
        and adjacent to the boundaries of the White River National 
        Forest, Colorado, and generally depicted as parcels 54-58 on 
        maps entitled ``Eagle County Lands to Forest Service'', 
        numbered 12-14, and dated April 1990, except for parcel 56 
        (Manitou) on map 14 which is already in National Forest 
        ownership.
    (b) Exchange by the Secretary.--Subject to the provisions of 
section 3, within ninety days after receipt by the Secretary of 
Agriculture (hereinafter in this Act referred to as the ``Secretary'') 
of a quitclaim deed from the Counties to the United States of the lands 
identified in subsection (a) of this section, the Secretary, on behalf 
of the United States, shall convey by quitclaim deed to the counties, 
as tenants in common, all right, title, and interest of the United 
States in and to approximately one hundred and thirty-two acres of land 
(and water rights as specified in section 7 and the improvements 
located thereon), as generally depicted as tract A on the map entitled 
``Mt. Sopris Tree Nursery'', dated October 5, 1990.

SEC. 3. RESERVATIONS AND CONDITIONS OF CONVEYANCE.

    (a) Reservations.--In any conveyance to the Counties pursuant to 
section 2, the Secretary shall reserve--
            (1) all right, title, and interest of the United States in 
        and to approximately eighty-five acres of land (and 
        improvements located thereon), which are generally depicted as 
        tracts B (approximately twenty-nine acres) and C (approximately 
        fifty-six acres) on the map referred to in section 2(b);
            (2) water rights as specified in section 7(a); and
            (3) any easements, existing utility lines, or other 
        existing access in or across tract A currently serving 
        buildings and facilities on tract B.
    (b) Reversion.--It is the intention of Congress that any lands and 
water rights conveyed to the Counties pursuant to this Act shall be 
retained by the Counties and used solely for public recreation and 
recreational facilities, open space, fairgrounds, and such other public 
purposes as do not significantly reduce the portion of such lands in 
open space. In the deed of conveyance to the Counties, the Secretary 
shall provide that all right, title, and interest in and to any lands 
and water rights conveyed to the Counties pursuant to this Act shall 
revert back to the United States in the event that such lands or water 
rights or any portion thereof are sold or otherwise conveyed by the 
Counties or are used for other than such public purposes.
    -(-c-) -E-q-u-a-l-i-z-a-t-i-o-n -o-f -V-a-l-u-e-s-.---(-1-) 
-W-i-t-h-i-n -o-n-e -h-u-n-d-r-e-d -a-n-d -t-w-e-n-t-y -d-a-y-s 
-a-f-t-e-r -t-h-e -d-a-t-e -o-f -e-n-a-c-t-m-e-n-t -o-f -t-h-i-s 
-A-c-t-, -t-h-e -S-e-c-r-e-t-a-r-y -o-f -A-g-r-i-c-u-l-t-u-r-e 
-s-h-a-l-l -c-o-m-p-l-e-t-e -a-p-p-r-a-i-s-a-l-s -o-f -t-h-e -l-a-n-d-s 
-t-o -b-e -e-x-c-h-a-n-g-e-d -p-u-r-s-u-a-n-t -t-o 
-s-u-b-s-e-c-t-i-o-n-s -(-a-) -a-n-d -(-b-) -o-f -s-e-c-t-i-o-n -2 -o-f 
-t-h-i-s -A-c-t-, -t-a-k-i-n-g -i-n-t-o -a-c-c-o-u-n-t -a-n-y 
-e-f-f-e-c-t-s -o-n -t-h-e -v-a-l-u-e -o-f -s-u-c-h -l-a-n-d-s 
-r-e-s-u-l-t-i-n-g -f-r-o-m -t-h-e -u-s-e -r-e-s-t-r-i-c-t-i-o-n-s 
-a-n-d -r-e-v-e-r-s-i-o-n-a-r-y -i-n-t-e-r-e-s-t -i-m-p-o-s-e-d -b-y 
-s-u-b-s-e-c-t-i-o-n -(-b-) -o-f -t-h-i-s -s-e-c-t-i-o-n -a-n-d -a-n-y 
-o-t-h-e-r -f-a-c-t-o-r-s -t-h-a-t -m-a-y -a-f-f-e-c-t -v-a-l-u-e-. 
-T-h-e -s-u-m -o-f -$-1-2-0-,-0-0-0 -s-h-a-l-l -b-e -d-e-d-u-c-t-e-d 
-f-r-o-m -t-h-e -v-a-l-u-e -o-f -t-h-e -C-o-u-n-t-i-e-s-' 
-o-f-f-e-r-e-d -l-a-n-d-s -t-o -r-e-f-l-e-c-t -a-n-y -a-d-v-e-r-s-e 
-c-l-a-i-m-s -a-g-a-i-n-s-t -s-u-c-h -l-a-n-d-s -w-h-i-c-h -m-a-y -b-e 
-a-d-j-u-d-i-c-a-t-e-d -p-u-r-s-u-a-n-t -t-o -s-e-c-t-i-o-n -5 -o-f 
-t-h-i-s -A-c-t-.
    -(-2-) -T-h-e -a-p-p-r-a-i-s-a-l-s -s-h-a-l-l -u-t-i-l-i-z-e 
-n-a-t-i-o-n-a-l-l-y -r-e-c-o-g-n-i-z-e-d -a-p-p-r-a-i-s-a-l 
-s-t-a-n-d-a-r-d-s-, -i-n-c-l-u-d-i-n-g-, -t-o -t-h-e -e-x-t-e-n-t 
-a-p-p-r-o-p-r-i-a-t-e-, -t-h-e -U-n-i-f-o-r-m -A-p-p-r-a-i-s-a-l 
-S-t-a-n-d-a-r-d-s -f-o-r -F-e-d-e-r-a-l -L-a-n-d 
-A-c-q-u-i-s-i-t-i-o-n-.
    -(-3-) -O-n -t-h-e -b-a-s-i-s -o-f -s-u-c-h -a-p-p-r-a-i-s-a-l-s-, 
-t-h-e -S-e-c-r-e-t-a-r-y -s-h-a-l-l -m-a-k-e -a -f-i-n-d-i-n-g -a-s 
-t-o -w-h-e-t-h-e-r -t-h-e -v-a-l-u-e-s -(-a-f-t-e-r -t-h-e 
-d-e-d-u-c-t-i-o-n -d-e-s-c-r-i-b-e-d -i-n -p-a-r-a-g-r-a-p-h -(-1-)-) 
-o-f -t-h-e -l-a-n-d-s -t-o -b-e -e-x-c-h-a-n-g-e-d -a-r-e -e-q-u-a-l 
-a-n-d -s-h-a-l-l -i-m-m-e-d-i-a-t-e-l-y -n-o-t-i-f-y -t-h-e 
-C-o-u-n-t-i-e-s -a-s -t-o -s-u-c-h -f-i-n-d-i-n-g-. -I-f -t-h-e 
-v-a-l-u-e-s -a-r-e -n-o-t -e-q-u-a-l-, -a-n-y -c-a-s-h 
-e-q-u-a-l-i-z-a-t-i-o-n -w-h-i-c-h -w-o-u-l-d -o-t-h-e-r-w-i-s-e -b-e 
-o-w-e-d -t-o -t-h-e -C-o-u-n-t-i-e-s -b-y -t-h-e -U-n-i-t-e-d 
-S-t-a-t-e-s -s-h-a-l-l -b-e -w-a-i-v-e-d-. -A-n-y 
-e-q-u-a-l-i-z-a-t-i-o-n -a-m-o-u-n-t -w-h-i-c-h -m-a-y -b-e -o-w-e-d 
-t-o -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -b-y -t-h-e -C-o-u-n-t-i-e-s 
-s-h-a-l-l -b-e -s-a-t-i-s-f-i-e-d -t-h-r-o-u-g-h -c-o-n-v-e-y-a-n-c-e 
-t-o -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s-, -w-i-t-h-i-n -f-i-v-e 
-y-e-a-r-s -o-f -t-h-e -d-a-t-e -o-f -t-r-a-n-s-f-e-r -o-f -t-h-e 
-n-u-r-s-e-r-y -l-a-n-d-s -t-o -t-h-e -C-o-u-n-t-i-e-s -p-u-r-s-u-a-n-t 
-t-o -s-e-c-t-i-o-n -2-(-b-) -o-f -t-h-i-s -A-c-t-, -o-f 
-a-d-d-i-t-i-o-n-a-l -l-a-n-d-s -o-r -i-n-t-e-r-e-s-t-s -i-n 
-l-a-n-d-s-, -a-c-c-e-p-t-a-b-l-e -t-o -t-h-e -S-e-c-r-e-t-a-r-y-, 
-w-h-i-c-h -t-h-e -C-o-u-n-t-i-e-s -o-w-n -o-n -t-h-e -d-a-t-e -o-f 
-e-n-a-c-t-m-e-n-t -o-f -t-h-i-s -A-c-t -o-r -m-a-y -a-c-q-u-i-r-e 
-a-f-t-e-r -s-u-c-h -d-a-t-e-. -S-u-c-h -a-d-d-i-t-i-o-n-a-l -l-a-n-d-s 
-s-h-a-l-l -h-a-v-e -a -v-a-l-u-e -a-s -a-p-p-r-o-v-e-d -b-y -t-h-e 
-S-e-c-r-e-t-a-r-y -a-t -l-e-a-s-t -e-q-u-a-l -t-o -t-h-e -a-m-o-u-n-t 
-o-w-e-d -p-l-u-s -a-n-n-u-a-l -i-n-t-e-r-e-s-t -o-n -s-u-c-h 
-a-m-o-u-n-t -o-r -u-n-c-o-n-v-e-y-e-d -p-o-r-t-i-o-n -t-h-e-r-e-o-f-, 
-a-s -a-p-p-l-i-c-a-b-l-e-, -a-t -t-h-e -s-t-a-n-d-a-r-d -r-a-t-e 
-d-e-t-e-r-m-i-n-e-d -b-y -t-h-e -S-e-c-r-e-t-a-r-y -o-f -t-h-e 
-T-r-e-a-s-u-r-y -t-o -b-e -a-p-p-l-i-c-a-b-l-e -t-o 
-m-a-r-k-e-t-a-b-l-e -s-e-c-u-r-i-t-i-e-s -o-f -t-h-e -U-n-i-t-e-d 
-S-t-a-t-e-s -h-a-v-i-n-g -a -c-o-m-p-a-r-a-b-l-e -m-a-t-u-r-i-t-y-. 
-I-n-t-e-r-e-s-t -s-h-a-l-l -a-c-c-r-u-e -b-e-g-i-n-n-i-n-g -o-n -t-h-e 
-d-a-t-e -t-h-e -n-u-r-s-e-r-y -l-a-n-d-s -a-r-e -t-r-a-n-s-f-e-r-r-e-d 
-t-o -t-h-e -C-o-u-n-t-i-e-s -p-u-r-s-u-a-n-t -t-o -s-e-c-t-i-o-n 
-2-(-b-) -o-f -t-h-i-s -A-c-t-.
    (c) Equalization of Values.--Values of the respective lands 
exchanged between the United States and the Counties pursuant to this 
Act are deemed to be of approximately equal value, without any need for 
cash equalization, as based on a statement of value prepared by 
qualified Forest Service appraisers and dated February 12, 1993.
    (d) Right of First Refusal.--The Secretary may convey any or all of 
the nursery lands reserved pursuant to subsection (a) of this section 
for fair market value under existing authorities, except that the 
Secretary shall first offer the Counties the opportunity to acquire the 
lands. This right of first refusal shall commence upon receipt by the 
Counties of written notice of the intent of the Secretary to convey 
such property, and the Counties shall have sixty days from the date of 
such receipt to offer to acquire such properties at fair market value 
as tenants in common. The Secretary shall have sole discretion as to 
whether to accept or reject any such offer of the Counties.

SEC. 4. STATUS OF LANDS ACQUIRED BY THE UNITED STATES.

    (a) National Forest System Lands.--The National Forest inholdings 
acquired by the United States pursuant to this Act shall become a part 
of the White River National Forest (or in the case of portions of 
parcels 39, 40, and 41 depicted on map 9, and a portion of parcel 54 of 
map 12, part of the Gunnison and Arapahoe National Forests, 
respectively) for administration and management by the Secretary in 
accordance with the laws, rules, and regulations applicable to the 
National Forest System.
    (b) Wilderness.--The National Forest inholdings that are within the 
boundaries of the Holy Cross, Hunter-Fryingpan, Collegiate Peaks, and 
Maroon Bells-Snowmass Wilderness Areas shall be incorporated in and 
deemed to be part of their respective wilderness areas and shall be 
administered in accordance with the provisions of the Wilderness Act 
governing areas designated by that Act as wilderness.

SEC. 5. RESOLVING TITLE DISPUTES TO NATIONAL FOREST INHOLDINGS.

    (a) Quiet Title Act.--Notwithstanding any other provisions of law 
and subject to the provisions of subsection (c) of this section, 
section 2409a of title 28, United States Code (commonly referred to as 
the ``Quiet Title Act'') shall be the sole legal remedy of any party 
claiming any right, title, or interest in or to any National Forest 
inholdings conveyed by the Counties to the United States pursuant to 
this Act.
    (b) Listing.--Upon conveyance of the National Forest inholdings to 
the United States, the Secretary shall cause to be published in a 
newspaper or newspapers of general circulation in Pitkin and Eagle 
Counties, Colorado, a listing of all National Forest inholdings 
acquired pursuant to this Act together with a statement that any party 
desiring to assert a claim of any right, title, or interest in or to 
such lands must bring an action against the United States pursuant to 
such section 2409a within the same period described by subsection (c) 
of this section.
    (c) Limitation.--Notwithstanding section 2409a(g) of title 28, 
United States Code, any civil action against the United States to quiet 
title to National Forest inholdings conveyed to the United States 
pursuant to this Act must be filed in the United States District Court 
for the District of Colorado no later than the date that is six years 
after the date of publication of the listing required by subsection (b) 
of this section.
    (d) Vesting by Operation of Law.--Subject to any easements or other 
rights of record that may be accepted and expressly disclaimed by the 
Secretary, and without limiting title to National Forest inholdings 
conveyed by the Counties pursuant to this Act, all other rights, title, 
and interest in or to such National Forest inholdings if not otherwise 
vested by quitclaim deed to the United States, shall vest in the United 
States on the date that is six years after the date of publication of 
the listing required by subsection (b) of this section, except for such 
title as is conveyed by the Counties, no other rights, title, or 
interest in or to any parcel of the lands conveyed to the United States 
pursuant to this Act shall vest in the United States under this 
subsection if title to such parcel--
            (1) has been or hereafter is adjudicated as being in a 
        party other than the United States or the Counties; or
            (2) is the subject of any -s-e-c-t-i-o-n action or suit 
        against the United States to vest such title in a party other 
        than the United States or the Counties that is pending on the 
        date six years after the date of publication of a listing 
        required by subsection (b) of this section.
    (e) Costs and Attorney's Fees.--(1) At the discretion of the court, 
any party claiming right, title, or interest in or to any of the 
National Forest inholdings who files an action against the United 
States to quiet title and fails to prevail in such action may be 
required to pay to the Secretary on behalf of the United States, an 
amount equal to the costs and attorney's fees incurred by the United 
States in the defense of such action.
    (2) As a condition of any transfer of lands to the Counties under 
this Act, the Counties shall be obligated to reimburse the United 
States for 50 percent of all costs in excess of $240,000 not reimbursed 
pursuant to paragraph (1) of this subsection associated with the 
defense by the United States of any claim or legal action brought 
against the United States with respect to any rights, title, and 
interest in or to the National Forest inholdings. Payment shall be made 
in the same manner as provided in section 6 of this Act.

SEC. 6. REIMBURSEMENT TO THE UNITED STATES.

    (a) In General.--As a condition of any transfer of lands to the 
Counties under this Act, in addition to any amounts required to be paid 
to the United States pursuant to section 5(e), in the event of a final 
determination adverse to the United States in any action relating to 
the title to the National Forest inholdings, the United States shall be 
entitled to receive from the Counties reimbursement equal to the fair 
market value (appraised as if they had marketable title) of the lands 
that are the subject of such final determination.
    (b) Availability of Funds.--Any money received by the United States 
from the Counties under section 5(e) or subsection (a) of this section 
shall be considered money received and deposited pursuant to the Act of 
December 4, 1967, as amended (and commonly known as the Sisk Act, 16 
U.S.C. 484a).
    (c) In-Kind Payment of Lands.--In lieu of monetary payments, any 
obligation for reimbursement by the Counties to the United States under 
this Act can be fulfilled by the conveyance to the United States of 
lands having a current fair market value equal to or greater than the 
amount of the obligation. Such lands shall be mutually acceptable to 
the Secretary and the Counties.

SEC. 7. WATER RIGHTS.

    (a) Allocation and Management.--The water rights in existence on 
the date of enactment of this Act in the Mt. Sopris Tree Nursery, which 
comprise well water and irrigation ditch rights adjudicated under the 
laws of the State of Colorado, together with the right to administer, 
maintain, access, and further develop such rights, shall be allocated 
and managed as follows:
            (1) The United States shall convey to the Counties as 
        undivided tenants in common all rights associated with the five 
        existing wells on the properties.
            (2) If the Secretary determines that water from the five 
        existing wells is necessary to meet culinary, sanitary, or 
        domestic uses of the existing buildings retained by the United 
        States pursuant to section 3(a), the Counties shall make 
        available to the United States, without charge, enough water to 
        reasonably serve such needs and shall additionally, if 
        requested by the United States, make every -f-u-t-u-r-e effort 
        to cooperatively provide to the United States, without charge, 
        commensurate with the Counties own needs on tract A, water to 
        serve reasonable culinary, sanitary, and domestic uses of any 
        new buildings which the United States may construct on its 
        retained lands in the future.
            (3) All Federally owned irrigation ditch water rights shall 
        be reserved by the United States.
    (b) Modification of Allocation.--If the Secretary and the Counties 
determine the public interest will be better served thereby, they may 
agree to modify the precise water allocation made pursuant to this 
section or to enter into cooperative agreements (with or without 
reimbursement) to use, share, or otherwise administer such water rights 
and associated facilities as they determine appropriate.

SEC. 8. MISCELLANEOUS PROVISIONS.

    (a) Time Requirement for Completing Transfer.--If the Counties make 
a timely offer, pursuant to section 2(a), the transfers of lands 
authorized and directed by this Act shall be completed no later than 
one year after the date of enactment of this Act.
    (b) Boundary Modifications.--The Secretary and the Counties may 
mutually agree to make modifications of the final boundary between 
tracts A and B prior to completion of the exchange authorized by this 
Act if such modifications are determined to better serve mutual 
objectives than the precise boundaries as set forth in the maps 
referenced in this Act.
    (c) Tract A Easement.--The transfer of tract A to the Counties 
shall be subject to the existing highway easement to the State of 
Colorado and to any other right, title, or interest of record.
    (d) Validity.--If any provision of this Act or the application 
thereof is held invalid, the remainder of the Act and application 
thereof, except for the precise provision held invalid, shall not be 
affected thereby.
    (e) Forest Headquarters and Administrative Offices.--The White 
River National Forest headquarters and administrative office in 
Glenwood Springs, Colorado, are hereby transferred from the 
jurisdiction of the United States General Services Administration to 
the jurisdiction of the Secretary, who shall retain such facilities 
unless and until otherwise provided by subsequent Act of Congress.
S 341 RS----2