[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1129 Engrossed Amendment Senate (EAS)]


  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                    September 29, 2006.
    Resolved, That the bill from the House of Representatives (H.R. 
1129) entitled ``An Act to authorize the exchange of certain land in 
the State of Colorado.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pitkin County Land Exchange Act of 
2006''.

SEC. 2. PURPOSE.

    The purpose of this Act is to authorize, direct, expedite, and 
facilitate the exchange of land between the United States, Pitkin 
County, Colorado, and the Aspen Valley Land Trust.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Aspen valley land trust.--
                    (A) In general.--The term ``Aspen Valley Land 
                Trust'' means the Aspen Valley Land Trust, a nonprofit 
                organization as described in section 501(c)(3) of the 
                Internal Revenue Code of 1986.
                    (B) Inclusions.--The term ``Aspen Valley Land 
                Trust'' includes any successor, heir, or assign of the 
                Aspen Valley Land Trust.
            (2) County.--The term ``County'' means Pitkin County, a 
        political subdivision of the State of Colorado.
            (3) Federal land.--The term ``Federal land'' means--
                    (A) the approximately 5.5 acres of National Forest 
                System land located in the County, as generally 
                depicted on the map entitled ``Ryan Land Exchange-
                Wildwood Parcel Conveyance to Pitkin County'' and dated 
                August 2004;
                    (B) the 12 parcels of National Forest System land 
                located in the County totaling approximately 5.92 
                acres, as generally depicted on maps 1 and 2 entitled 
                ``Ryan Land Exchange-Smuggler Mountain Patent Remnants 
                Conveyance to Pitkin County'' and dated August 2004; 
                and
                    (C) the approximately 40 acres of Bureau of Land 
                Management land located in the County, as generally 
                depicted on the map entitled ``Ryan Land Exchange-
                Crystal River Parcel Conveyance to Pitkin County'' and 
                dated August 2004.
            (4) Non-federal land.--The term ``non-Federal land'' 
        means--
                    (A) the approximately 35 acres of non-Federal land 
                in the County, as generally depicted on the map 
                entitled ``Ryan Land Exchange-Ryan Property Conveyance 
                to Forest Service'' and dated August 2004; and
                    (B) the approximately 18.2 acres of non-Federal 
                land located on Smuggler Mountain in the County, as 
                generally depicted on the map entitled ``Ryan Land 
                Exchange-Smuggler Mountain-Grand Turk & Pontiac Claims 
                Conveyance to Forest Service'' and dated August 2004.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

SEC. 4. LAND EXCHANGE.

    (a) In General.--If the County offers to convey to the United 
States title to the non-Federal land that is acceptable to the 
Secretary, the Secretary and the Secretary of the Interior shall--
            (1) accept the offer; and
            (2) on receipt of acceptable title to the non-Federal land, 
        simultaneously convey to the County, or at the request of the 
        County, to the Aspen Valley Land Trust, all right, title, and 
        interest of the United States in and to the Federal land, 
        except as provided in section 5(d), subject to all valid 
        existing rights and encumbrances.
    (b) Timing.--It is the intent of Congress that the land exchange 
directed by this Act shall be completed not later than 1 year after the 
date of enactment of this Act.

SEC. 5. EXCHANGE TERMS AND CONDITIONS.

    (a) Equal Value Exchange.--The value of the Federal land and non-
Federal land--
            (1) shall be equal; or
            (2) shall be made equal in accordance with subsection (c).
    (b) Appraisals.--The value of the Federal land and non-Federal land 
shall be determined by the Secretary through appraisals conducted in 
accordance with--
            (1) the Uniform Appraisal Standards for Federal Land 
        Acquisitions;
            (2) the Uniform Standards of Professional Appraisal 
        Practice; and
            (3) Forest Service appraisal instructions.
    (c) Equalization of Values.--
            (1) Surplus of non-federal land.--If the final appraised 
        value of the non-Federal land exceeds the final appraised value 
        of the Federal land, the County shall donate to the United 
        States the excess value of the non-Federal land, which shall be 
        considered to be a donation for all purposes of law.
            (2) Surplus of federal land.--
                    (A) In general.--If the final appraised value of 
                the Federal land exceeds the final appraised value of 
                the non-Federal land, the value of the Federal land and 
                non-Federal land may, as the Secretary and the County 
                determine to be appropriate, be equalized by the 
                County--
                            (i) making a cash equalization payment to 
                        the Secretary;
                            (ii) conveying to the Secretary certain 
                        land located in the County, comprising 
                        approximately 160 acres, as generally depicted 
                        on the map entitled ``Sellar Park Parcel'' and 
                        dated August 2004; or
                            (iii) using a combination of the methods 
                        described in clauses (i) and (ii).
                    (B) Disposition and use of proceeds.--
                            (i) Disposition of proceeds.--Any cash 
                        equalization payment received by the Secretary 
                        under clause (i) or (iii) of subparagraph (A) 
                        shall be deposited in the fund established by 
                        Public Law 90-171 (commonly known as the ``Sisk 
                        Act'') (16 U.S.C. 484a).
                            (ii) Use of proceeds.--Amounts deposited 
                        under clause (i) shall be available to the 
                        Secretary, without further appropriation, for 
                        the acquisition of land or interests in land in 
                        Colorado for addition to the National Forest 
                        System.
    (d) Conditions on Certain Conveyances.--
            (1) Conditions on conveyance of crystal river parcel.--
                    (A) In general.--As a condition of the conveyance 
                of the parcel of Federal land described in section 
                3(3)(C) to the County, the County shall agree to--
                            (i) provide for public access to the 
                        parcel; and
                            (ii) require that the parcel shall be used 
                        only for recreational, fish and wildlife 
                        conservation, and public open space purposes.
                    (B) Reversion.--At the option of the Secretary of 
                the Interior, the parcel of land described in section 
                3(3)(C) shall revert to the United States if the parcel 
                is used for a purpose other than a purpose described in 
                subparagraph (A)(ii).
            (2) Conditions on conveyance of wildwood parcel.--In the 
        deed of conveyance for the parcel of Federal land described in 
        section 3(3)(A) to the County, the Secretary shall, as 
        determined to be appropriate by the Secretary, in consultation 
        with the County, reserve to the United States a permanent 
        easement for the location, construction, and public use of the 
        East of Aspen Trail.

SEC. 6. MISCELLANEOUS PROVISIONS.

    (a) Incorporation, Management, and Status of Acquired Land.--
            (1) In general.--Land acquired by the Secretary under this 
        Act shall become part of the White River National Forest.
            (2) Management.--On acquisition, land acquired by the 
        Secretary under this Act shall be administered in accordance 
        with the laws (including rules and regulations) generally 
        applicable to the National Forest System.
            (3) Land and water conservation fund.--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 the White River 
        National Forest as of January 1, 1965.
    (b) Revocation of Orders and Withdrawal.--
            (1) Revocation of orders.--Any public orders withdrawing 
        any of the Federal land from appropriation or disposal under 
        the public land laws are revoked to the extent necessary to 
        permit disposal of the Federal land.
            (2) Withdrawal of federal land.--On the date of enactment 
        of this Act, if not already withdrawn or segregated from entry 
        and appropriation under the public land laws (including the 
        mining and mineral leasing laws) and the Geothermal Steam Act 
        of 1970 (30 U.S.C. 1001 et seq.), the Federal land is 
        withdrawn, subject to valid existing rights, until the date of 
        the conveyance of the Federal land to the County.
            (3) Withdrawal of non-federal land.--On acquisition of the 
        non-Federal land by the Secretary, the non-Federal land is 
        permanently withdrawn from all forms of appropriation and 
        disposal under the public land laws (including the mining and 
        mineral leasing laws) and the Geothermal Steam Act of 1970 (30 
        U.S.C. 1001 et seq.).
    (c) Boundary Adjustments.--The Secretary, the Secretary of the 
Interior, and the County may agree to--
            (1) minor adjustments to the boundaries of the parcels of 
        Federal land and non-Federal land; and
            (2) modifications or deletions of parcels and mining claim 
        remnants of Federal land or non-Federal land to be exchanged on 
        Smuggler Mountain.

            Attest:

                                                             Secretary.
109th CONGRESS

  2d Session

                               H. R. 1129

_______________________________________________________________________

                               AMENDMENT