[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5142 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5142

 To authorize and direct the exchange of certain lands in the State of 
                   Colorado, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 23, 2004

 Mr. McInnis introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To authorize and direct the exchange of certain lands in the State of 
                   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. SHORT TITLE.

    This Act may be cited as the ``Pitkin County Land Exchange Act of 
2004''.

SEC. 2. PURPOSE.

    The purpose of this Act is to authorize, direct, expedite and 
facilitate the exchange and consolidation of lands between Pitkin 
County, Colorado, the Aspen Valley Land Trust and the United States in 
accordance with the terms and conditions set forth herein.

SEC. 3. DEFINITIONS.

     In this Act, the following definitions apply:
            (1) The term ``Federal land'' means the land to be 
        transferred to Pitkin County, Colorado, by the United States 
        pursuant to this Act.
            (2) The term ``non-Federal land'' means the land to be 
        transferred to the United States by Pitkin County, Colorado, 
        pursuant to this Act.
            (3) The term ``Pitkin County'' means the county of Pitkin, 
        Colorado.
            (4) The term ``Secretary'' means the Secretary of 
        Agriculture, unless otherwise specified.
            (5) The term ``Aspen Valley Land Trust'' means the non-
        profit Aspen Valley Land Trust, a charitable organization as 
        described in section 501(c)(3) of the Internal Revenue Code of 
        1986 (26 U.S.C. 501), or its successors, heirs, or assigns.

SEC. 4. LAND EXCHANGE.

    (a) In General.--Upon receipt of title to the non-Federal lands 
described in subsection (b), the Secretary and the Secretary of the 
Interior shall simultaneously convey to Pitkin County, or to the Aspen 
Valley Land Trust, if Pitkin County so requests, all right, title, and 
interest of the United States in and to the Federal lands described in 
subsection (b), subject to valid existing rights or encumbrances and 
the requirements of subsections 5(a) and (b).
    (b) Conveyance of Non-Federal Lands to the United States.--The non-
Federal lands to be conveyed to the United States pursuant to this Act 
are the following:
            (1) Certain lands located in Pitkin County, Colorado, 
        comprising approximately 35 acres, as generally depicted on a 
        map entitled ``Ryan Land Exchange--Ryan Property Conveyance to 
        Forest Service'', dated August 2004.
            (2) Certain lands located on Smuggler Mountain in Pitkin 
        County, Colorado, comprising approximately 18.2 acres, as 
        generally depicted on a map entitled ``Ryan Land Exchange--
        Smuggler Mountain--Grand Turk and Pontiac Claims Conveyance to 
        Forest Service'', dated ________.
    (c) Federal Land Conveyance to Pitkin County.--The Federal lands to 
be conveyed to Pitkin County, or to the Aspen Valley Land Trust, if 
Pitkin County so requests, pursuant to this Act are the following:
            (1) Certain National Forest lands located in Pitkin County, 
        Colorado, comprising approximately 5.5 acres, as generally 
        depicted on a map entitled ``Ryan Land Exchange--Wildwood 
        Parcel Conveyance to Pitkin County'', dated August 2004.
            (2) Certain National Forest lands located in Pitkin County, 
        comprising 12 separate parcels totaling approximately 5.92 
        acres, as generally depicted on a map entitled ``Ryan Land 
        Exchange--Smuggler Mountain Patent Remnants--Conveyance to 
        Pitkin County'', dated August 2004.
            (3) Certain lands under the jurisdiction of the Bureau of 
        Land Management located in Pitkin County, Colorado, and 
        comprising approximately 40 acres, as generally depicted on a 
        map entitled ``Ryan Land Exchange--Crystal River Parcel 
        Conveyance to Pitkin County''.

SEC. 5. EXCHANGE TERMS AND CONDITIONS.

    (a) Crystal River Parcel Conveyance.--The parcel identified in 
subsection 4(c)(3) shall not be conveyed to Pitkin County unless and 
until the County grants to the Aspen Valley Land Trust, the Roaring 
Fork Conservancy, or both, or to another entity mutually agreeable to 
the County and the Secretary of the Interior, a permanent conservation 
easement, the terms of which are acceptable to the Secretary of the 
Interior and which provides public access to the parcel and limits 
future use of the parcel to recreational, fish, and wildlife 
conservation, and open space purposes. The requirement for such 
easement shall not affect the value of the parcel for purposes the 
appraisals to be prepared pursuant to subsection (c). In the deed of 
conveyance to the County, the Secretary of the Interior shall provide 
that in the event the parcel is ever used for other than such purposes, 
or Pitkin County or the entity or entities holding the conservation 
easement no longer wish to administer the parcel, title to the parcel 
shall back revert to the United States at no cost to the United States 
if the Secretary of the Interior determines that such a reversion is in 
the best interests of the United States.
    (b) Wildwood Parcel Conveyance and Reservation.--Prior to the 
conveyance to Pitkin County of the parcel identified in subsection 
4(c)(1), Pitkin County, at its expense, shall deliver to the Secretary 
a quitclaim deed to the parcel from any party who, prior to 
introduction of this Act, had asserted a claim of any right, title, or 
interest in such parcel, and shall permanently relinquish any such 
claim against the United States in or to the parcel. In the deed of 
conveyance of such parcel to Pitkin County (or to the Aspen Valley Land 
Trust if Pitkin County so requests) the Secretary shall reserve to the 
United States a permanent easement, as determined appropriate by the 
Secretary in consultation with Pitkin County, for location, 
construction, and public use of the East of Aspen Trail.
    (c) Exchange Valuation.--The values of the Federal and non-Federal 
lands directed for exchange by this Act shall be equal as determined by 
the Secretary through appraisals performed in accordance with the 
Uniform Appraisal Standards for Federal Land Acquisitions, the Uniform 
Standards of Professional Appraisal Practice, and Forest Service 
appraisal instructions. If the values as determined by the appraisals 
are not equal, equalization shall be achieved as follows:
            (1) If value is owed by the United States, the County shall 
        donate the excess value to the United States, and such donation 
        will be considered as a donation for all purposes of law.
            (2) If value is owed by Pitkin County, the County shall 
        equalize value by either--
                    (A) making a cash equalization payment to the 
                Secretary, the proceeds of which shall be deposited in 
                the fund established by Public Law 90-171 (commonly 
                known as the ``Sisk Act'') and be available to the 
                Secretary, without further appropriation, for the 
                acquisition of land or interests in land for addition 
                to the National Forest System in the State of Colorado;
                    (B) conveying to the Secretary certain lands 
                located in Pitkin County, Colorado, and comprising 
                approximately 160 acres, as generally depicted on a map 
                entitled ``Sellar Park Parcel'', dated August 2004; or
                    (C) any combination of (A) and (B) above to which 
                the County and the Secretary mutually agree.
    (d) Exchange Timing.--It is the intention of Congress that the land 
exchange directed by this Act be consummated no later than 1 year after 
the date of enactment of this Act, unless the Secretary and the 
Secretary of the Interior and Pitkin County mutually agree otherwise.

SEC. 6. MISCELLANEOUS PROVISIONS.

    (a) Management of Acquired Lands.--Lands acquired by the Secretary 
of Agriculture pursuant to this Act shall become part of the White 
River National Forest and be administered in accordance with the laws, 
rules, and regulations generally applicable to the National Forest 
System. 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 White River 
National Forest shall be deemed to be the boundaries of such forest as 
of January 1, 1965.
    (b) Withdrawal and Revocation of Orders.--Immediately upon 
enactment of this Act, if the Federal land parcels are not already 
withdrawn or segregated from entry or appropriation under the public 
land laws, including the mining and mineral leasing laws and Geothermal 
Steam Act of l970 (30 U.S.C. 1001 et seq.) they are hereby so 
withdrawn, subject to any valid existing rights, until the date of 
their conveyance to Pitkin County. In addition, any previously existing 
public land orders withdrawing the Federal land from appropriation or 
disposal under the public land laws are hereby revoked to the extent 
necessary to permit disposal of the Federal land as directed by this 
Act.
    (c) Withdrawal of Acquired Land.--Upon their acquisition by the 
United States, the non-Federal lands acquired by the Secretary pursuant 
to this Act are hereby, and without further action required by the 
Secretary or the Secretary of the Interior, permanently withdrawn from 
all forms of appropriation and disposition under the public land laws, 
including the mining and mineral leasing laws, and the Geothermal Steam 
Act of 1970.
    (d) Boundary Adjustments, Maps and Legal Descriptions.--The 
Secretary concerned and Pitkin County may mutually agree to make minor 
adjustments in the boundaries of the Federal and non-Federal lands to 
be conveyed pursuant to this Act, and may also, at their sole 
discretion, mutually agree to modifications or deletions of the Federal 
or non-Federal land parcels and mining claim remnants to be exchanged 
on Smuggler Mountain. In the event of any discrepancy between a map, 
acreage estimate and legal or other description of the lands involved 
in the exchange, the map shall prevail unless the Secretary concerned 
and Pitkin County mutually agree otherwise.
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