[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1129 Reported in Senate (RS)]
Calendar No. 407
109th CONGRESS
2d Session
H. R. 1129
[Report No. 109-245]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 12, 2005
Received; read twice and referred to the Committee on Energy and
Natural Resources
April 20, 2006
Reported under authority of the order of the Senate of April 7, 2006,
by Mr. Domenici, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Pitkin County Land Exchange
Act of 2005''.</DELETED>
<DELETED>SEC. 2. PURPOSE.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Aspen valley land trust.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Inclusions.--The term ``Aspen Valley
Land Trust'' includes any successor, heir, or assign of
the Aspen Valley Land Trust.</DELETED>
<DELETED> (2) County.--The term ``County'' means Pitkin
County, a political subdivision of the State of
Colorado.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (5) Secretary.--The term ``Secretary'' means the
Secretary of Agriculture.</DELETED>
<DELETED>SEC. 4. LAND EXCHANGE.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (1) accept the offer; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Timing.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Exception.--The Secretary, the Secretary of
the Interior, and the County may agree to extend the deadline
specified in paragraph (1).</DELETED>
<DELETED>SEC. 5. EXCHANGE TERMS AND CONDITIONS.</DELETED>
<DELETED> (a) Equal Value Exchange.--The value of the Federal land
and non-Federal land directed to be exchanged under this Act--
</DELETED>
<DELETED> (1) shall be equal; or</DELETED>
<DELETED> (2) shall be made equal in accordance with
subsection (c).</DELETED>
<DELETED> (b) Appraisals.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) the Uniform Appraisal Standards for
Federal Land Acquisitions;</DELETED>
<DELETED> (B) the Uniform Standards of Professional
Appraisal Practice; and</DELETED>
<DELETED> (C) Forest Service appraisal
instructions.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Equalization of Values.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Surplus of federal land.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) making a cash equalization
payment to the Secretary;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (iii) using a combination of the
methods described in clauses (i) and (ii), as
the Secretary and the County determine to be
appropriate.</DELETED>
<DELETED> (B) Disposition and use of proceeds.--
</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Conditions on Certain Conveyances.--</DELETED>
<DELETED> (1) Conditions on conveyance of crystal river
parcel.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i)(I) provide public access to
the parcel; and</DELETED>
<DELETED> (II) require that the parcel shall
be used only for recreational, fish and
wildlife conservation, and open space purposes;
and</DELETED>
<DELETED> (ii) are acceptable to the
Secretary of the Interior.</DELETED>
<DELETED> (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, at the
discretion of the Secretary of the Interior, revert to
the United States at no cost to the United States if--
</DELETED>
<DELETED> (i) the parcel is used for a
purpose other than that described in
subparagraph (A)(i)(II); or</DELETED>
<DELETED> (ii) the County or the entity
holding the conservation easement elect to
discontinue administering the parcel.</DELETED>
<DELETED> (2) Conditions on conveyance of wildwood parcel.--
In the deed of conveyance of the parcel described in section
3(3)(A) to the County, or at the request of the County, to the
Aspen Valley Land Trust, the Secretary shall, as determined
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.</DELETED>
<DELETED>SEC. 6. MISCELLANEOUS PROVISIONS.</DELETED>
<DELETED> (a) Incorporation, Management, and Status of Acquired
Land.--</DELETED>
<DELETED> (1) In general.--Land acquired by the Secretary
under this Act shall become part of the White River National
Forest.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Revocation of Orders and Withdrawal.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.).</DELETED>
<DELETED> (c) Boundary Adjustments.--The Secretary with jurisdiction
over the land and the County may agree to--</DELETED>
<DELETED> (1) minor adjustments to the boundaries of the
Federal land and non-Federal land parcels; and</DELETED>
<DELETED> (2) modifications or deletions of parcels and
mining claim remnants of Federal land or non-Federal land to be
exchanged on Smuggler Mountain.</DELETED>
<DELETED> (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.</DELETED>
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.
Calendar No. 407
109th CONGRESS
2d Session
H. R. 1129
[Report No. 109-245]
_______________________________________________________________________
AN ACT
To authorize the exchange of certain land in the State of Colorado.
_______________________________________________________________________
April 20, 2006
Reported with an amendment