[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 100 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 100

  To authorize the exchange of certain land in the State of Colorado.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 24, 2005

Mr. Allard (for himself and Mr. Salazar) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural 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.
            (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.
            (6) State.--The term ``State'' means the State of Colorado.

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 an interest in land 
                        in the State 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; 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.
                                 <all>