[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1129 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 1129
To authorize the exchange of certain land in the State of Colorado.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 3, 2005
Mr. Udall of Colorado introduced the following bill; which was referred
to the Committee on Resources
_______________________________________________________________________
A BILL
To authorize the exchange of certain land in the State of Colorado.
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
2005''.
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 the land
directed for exchange between the United States Forest Service,
the Bureau of Land Management, and Pitkin County under this Act
that is comprised of the following parcels:
(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 the map entitled ``Ryan
Land Exchange-Smuggler Mountain Patent Remnants
Conveyance to Pitkin County'' and dated August 2004.
(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
the land directed for exchange between Pitkin County and the
United States Forest Service under this Act that is comprised
of the following parcels:
(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.
(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 and Pontiac
Claims Conveyance to Forest Service''.
(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,
subject to all valid existing rights and encumbrances.
(b) Timing.--
(1) In general.--Except as provided in paragraph (2), 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.
(2) Exception.--The Secretary, the Secretary of the
Interior, and the County may agree to extend the deadline
specified in paragraph (1).
SEC. 5. EXCHANGE TERMS AND CONDITIONS.
(a) Equal Value Exchange.--The value of the Federal land and non-
Federal land directed to be exchanged under this Act--
(1) shall be equal; or
(2) shall be made equal in accordance with subsection (c).
(b) Appraisals.--
(1) In general.--The value of the Federal land and non-
Federal land shall be determined by the Secretary through
appraisals conducted in accordance with--
(A) the Uniform Appraisal Standards for Federal
Land Acquisitions;
(B) the Uniform Standards of Professional Appraisal
Practice; and
(C) Forest Service appraisal instructions.
(2) Value of certain federal land.--In conducting the
appraisal of the parcel of Federal land described in section
3(3)(C), the appraiser shall not consider the easement required
for that parcel under subsection (d)(1) for purposes of
determining the value of that parcel.
(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 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), as the
Secretary and the County determine to be
appropriate.
(B) Disposition and use of proceeds.--
(i) Disposition of proceeds.--Any cash
equalization payment received by the Secretary
under subparagraph (A)(i) 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 lands
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.--The Secretary of the Interior
shall not convey to the County the parcel of land
described in section 3(3)(C) until the County grants to
the Aspen Valley Land Trust, the Roaring Fork
Conservancy, or any other entity acceptable to the
Secretary of the Interior and the County, a permanent
conservation easement to the parcel, the terms of
which--
(i)(I) provide public access to the parcel;
and
(II) require that the parcel shall be used
only for recreational, fish and wildlife
conservation, and open space purposes; and
(ii) are acceptable to the Secretary of the
Interior.
(B) Reversion.--In the deed of conveyance that
conveys the parcel of land described in section 3(3)(C)
to the County, the Secretary of the Interior shall
provide that title to the parcel shall revert to the
United States at no cost to the United States if--
(i) the parcel is used for a purpose other
than that described in subparagraph (A)(i)(II);
or
(ii) the County or the entity holding the
conservation easement elect to discontinue
administering the parcel.
(2) Conditions on conveyance of wildwood parcel.--
(A) In general.--Before the Secretary conveys to
the County the parcel described in section 3(3)(A), the
Secretary shall require the County, at the expense of
the County, to transmit to the Secretary a quitclaim
deed to the parcel that permanently relinquishes any
claim that, before the date of introduction of this
Act, was brought against the United States asserting
the right, title, or interest of the claimant in and to
the parcel.
(B) Reservation of easement.--In the deed of
conveyance of the parcel described in section 3(3)(A)
to the County, or at request of the County, to the
Aspen Valley Land Trust, the Secretary shall, as
determined to be appropriate by the Secretary in
consultation with the County, reserve to the United
States a permanent easement to the parcel 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
disposition 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 with jurisdiction over the
land and the County may agree to--
(1) minor adjustments to the boundaries of the Federal land
and non-Federal land parcels; and
(2) modifications or deletions of parcels and mining claim
remnants of Federal land or non-Federal land to be exchanged on
Smuggler Mountain.
(d) Map.--If there is a discrepancy between a map, acreage
estimate, and legal or other description of the land to be exchanged
under this Act, the map shall prevail unless the Secretary with
jurisdiction over the land and the County agree otherwise.
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