[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