[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3537 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3537

To provide for certain land exchanges in Gunnison County, Colorado, and 
                          Uintah County, Utah.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 24, 2010

 Mr. Udall of Colorado (for himself, Mr. Bennett, Mr. Bennet, and Mr. 
Hatch) introduced the following bill; which was read twice and referred 
            to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To provide for certain land exchanges in Gunnison County, Colorado, and 
                          Uintah County, Utah.

    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 ``Central Rockies Land Exchange and 
National Park System Enhancement Act of 2010''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to authorize, direct, expedite, and facilitate two land 
        exchanges in central Colorado and eastern Utah;
            (2) to enhance the National Park System by National Park 
        Service acquisition of important lands in Colorado and Utah;
            (3) to protect the open space and natural values of certain 
        lands conveyed out of Federal ownership through a permanent 
        conservation easement; and
            (4) to provide for improved public access to certain lands 
        in Gunnison County, Colorado.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Bear ranch.--The term ``Bear Ranch'' means the Bear 
        Ranch, LLC, a Colorado Limited Liability Corporation.
            (2) Darien ranch.--The term ``Darien Ranch'' means the 
        ranch operated by Larry and Dana Darien of 2880 County Road 3, 
        Marble, Colorado.
            (3) Federal land.--The term ``Federal land'' means the land 
        or right-of-way to be conveyed by the United States in the land 
        exchanges under this Act.
            (4) Non-federal land.--The term ``non-Federal land'' means 
        land to be conveyed to the United States in the land exchanges 
        under this Act.
            (5) Secretary concerned.--The term ``Secretary concerned'' 
        means the Secretary of the Interior or Secretary of 
        Agriculture, as appropriate.

SEC. 4. BEAR RANCH AND DEPARTMENT OF THE INTERIOR LAND EXCHANGE, 
              GUNNISON COUNTY, COLORADO, AND UINTAH COUNTY, UTAH.

    (a) Land Exchange Required.--If the Bear Ranch offers to convey to 
the Secretary of the Interior all right, title, and interest of the 
Bear Ranch in and to the non-Federal parcels identified in subsection 
(b) for inclusion in the National Park System--
            (1) the Secretary of the Interior shall accept the offer; 
        and
            (2) the Secretary of the Interior and Agriculture shall 
        simultaneously convey to the Bear Ranch all right, title, and 
        interest of the United States in and to approximately 1,846 
        acres of Federal land under the jurisdiction of the Bureau of 
        Land Management or the United States Forest Service, as 
        applicable, comprising separate land parcels, as generally 
        depicted and numbered on a map entitled ``Central Rockies Land 
        Exchange--Federal Parcels 1-6--Bear Ranch'' and dated February 
        2010.
    (b) Non-Federal Land Described.--The non-Federal land to be 
conveyed under this section consists of--
            (1) approximately 911 acres of land within the Curecanti 
        National Recreation Area in Gunnison County, Colorado, and 
        generally depicted on the map entitled ``Central Rockies Land 
        Exchange--Non-Federal parcel--Sapinero Mesa'' and dated 
        February 2010; and
            (2) approximately 80 acres of land within Dinosaur National 
        Monument in Uintah County, Utah, and generally depicted on a 
        map entitled ``Central Rockies Land Exchange--Non-Federal 
        parcel--Orchid Draw'' and dated February 2010.
    (c) Land Title.--Title to the non-Federal land conveyed to the 
Secretary of the Interior under this section shall be acceptable to the 
Secretary and shall conform to the title approval standards of the 
Attorney General of the United States applicable to land acquisitions 
by the Federal Government.

SEC. 5. DARIEN RANCH AND FOREST SERVICE LAND EXCHANGE, GUNNISON COUNTY, 
              COLORADO.

    (a) Land Exchange Required.--If the Darien Ranch offers to convey 
all right, title, and interest of the Darien Ranch in and to the 
approximately 0.42 acres of non-Federal land in Gunnison County, 
Colorado, as generally depicted on the map entitled ``Central Rockies 
Land Exchange--Non-Federal parcel--Lily Lake Trailhead'' and dated 
February 2010, the Secretary of Agriculture shall--
            (1) accept the offer; and
            (2) upon receipt of the non-Federal land, simultaneously 
        convey to the Darien Ranch a permanent right-of-way no more 
        than 200 feet in width for a water intake on Rapid Creek and 
        water pipeline (and access to such water intake and pipeline) 
        generally running along an existing irrigation ditch from Rapid 
        Creek to private land on the route generally depicted on a map 
        entitled ``Central Rockies Land Exchange--Darien Ranch Right-
        of-Way'' and dated February 2010.
    (b) Land Title.--Title to the non-Federal land conveyed to the 
Secretary of Agriculture under this section shall be acceptable to the 
Secretary and shall conform to the title approval standards of the 
Attorney General of the United States applicable to land acquisitions 
by the Federal Government.

SEC. 6. EQUAL VALUE EXCHANGE AND APPRAISALS.

    (a) Equal Value Exchange.--
            (1) In general.--The values of the Federal and non-Federal 
        land in each separate land exchange under this Act shall be 
        equal. If the values are not equal in one or both of the land 
        exchanges, the values of the Federal and non-Federal land at 
        issue shall be equalized in the manner provided by this 
        subsection.
            (2) Surplus of federal land value.--If the final appraised 
        value of the Federal land in a land exchange under this Act 
        exceeds the final appraised value of the non-Federal land in 
        that exchange, the non-Federal party in that exchange shall 
        make a cash equalization payment to the Secretary concerned as 
        necessary to achieve equal value, including, if necessary, an 
        amount in excess of that authorized pursuant to section 206(b) 
        of the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1716(b)).
            (3) Surplus of non-federal land value.--If the final 
        appraised value of the non-Federal land in a land exchange 
        under this Act exceeds the final appraised value of the Federal 
        land in that exchange--
                    (A) the United States shall not make a cash 
                equalization payment to the non-Federal party in that 
                exchange; and
                    (B) the surplus value of the non-Federal land shall 
                be considered a donation by the non-Federal party in 
                that exchange to the United States.
    (b) Use of Cash Equalization Payment.--
            (1) Department of the interior.--Any cash equalization 
        payment received by the Secretary of the Interior under 
        subsection (a) shall be deposited in the Federal Land Disposal 
        Account established pursuant to the Federal Land Transaction 
        Facilitation Act (43 U.S.C. 2301 et seq.) and shall be 
        available for use by the Bureau of Land Management, without 
        further appropriation, for the acquisition of lands or 
        interests in land from willing sellers in Gunnison County, 
        Colorado, or lands within the area managed by the Uncompahgre 
        Field Office of the Bureau of Land Management.
            (2) Forest service.--Any cash equalization payment received 
        by the Secretary of Agriculture under subsection (a) shall be 
        deposited in the fund established by Public Law 90-171 
        (commonly known as the Sisk Act; 16 U.S.C. 484a).
    (c) Appraisals.--
            (1) Performance standards.--The values of the lands to be 
        exchanged shall be determined by the Secretary concerned 
        through concurrent appraisals performed in accordance with--
                    (A) the Uniform Appraisal Standards for Federal 
                Land Acquisitions;
                    (B) the Uniform Standards of Professional Appraisal 
                Practice (USPAP); and
                    (C) appraisal instructions issued by the Secretary 
                concerned.
            (2) Appraiser selection.--The appraisals shall be performed 
        by an appraiser mutually agreed to by the Secretary concerned 
        and the Bear Ranch or Darien Ranch, as applicable.
            (3) Availability to public.--After reviewing and approving 
        the appraisals, but before consummating an exchange, the 
        Secretary concerned shall make a summary of the appraisals 
        available for public review.
            (4) Appraisal exclusion.--The appraisal of the Federal land 
        parcels under this Act shall not reflect any diminution in 
        value due to the conservation easement requirements of section 
        7(a), which conservation easement shall be considered a 
        donation for all purposes of law.
            (5) Appraisal of parcel.--If the Secretary of the Interior 
        and Secretary of Agriculture determine it appropriate, the 
        Secretary of the Interior may determine the value of Federal 
        Parcel 6--Bear Ranch, as identified on the map referenced in 
        subsection 4(a).

SEC. 7. MISCELLANEOUS PROVISIONS.

    (a) Conservation Easements.--As a condition of the land exchange 
under section 4, and before consummating the exchange, the Bear Ranch 
shall deliver to the Secretary an executed document granting a 
permanent conservation easement on Federal Parcels 1-5, Bear Ranch, as 
identified on the map referenced in section 4(a) to a qualified unit of 
government or organization as specified in section 170(h) of the 
Internal Revenue Code of 1986. The conservation easement shall limit 
future use of the Federal land parcels to agricultural, recreational, 
open space, and wildlife conservation purposes.
    (b) Withdrawal Provisions.--
            (1) Withdrawal.--Without further action by the Secretary 
        concerned, lands acquired by the United States under this Act 
        shall be 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 1930 
        (30 U.S.C. 1001 et seq.).
            (2) Withdrawal revocation.--Any public land order that 
        withdraws the Federal lands from appropriation or disposal 
        under a public land law shall be revoked to the extent 
        necessary to permit disposal of the Federal land parcels in the 
        exchanges under this Act.
            (3) Withdrawal of federal land.--All Federal land to be 
        exchanged under this Act, if not already withdrawn or 
        segregated from appropriation or disposal under the public land 
        laws upon enactment of this Act, is hereby so withdrawn, 
        subject to valid existing rights, until--
                    (A) the date of conveyance of the Federal land to 
                the Bear Ranch or Darien Ranch, as applicable; or
                    (B) such time as the Secretary concerned and the 
                non-Federal party may determine not to proceed with the 
                exchange concerned.
    (c) Postexchange Land Management.--
            (1) Department of the interior.--Land acquired by the 
        Secretary of the Interior under section 4 shall become part of 
        the Curecanti National Recreation Area or Dinosaur National 
        Monument, as applicable, and shall be managed by the National 
        Park Service in accordance with the laws, rules, and 
        regulations applicable to the unit.
            (2) Forest service.--Land acquired by the Secretary of 
        Agriculture under section 5 shall become part of the unit of 
        the National Forest System within which the land is located and 
        shall be administered in accordance with the laws, rules, and 
        regulations applicable to the National Forest System. 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 unit of 
        the National Forest System in which the land is located shall 
        be deemed to be the boundaries of that unit as of January 1, 
        1965.
    (d) Bear Ranch Area Access.--
            (1) Travel management plan.--Not later than 3 years after 
        consummating the land exchange under section 4, the Secretary 
        concerned shall prepare and implement a travel management plan 
        in consultation with Gunnison County, Colorado, for the design, 
        construction, improvement, replacement, or other siting of 
        roads, trails, and trailheads in the area shown as the 
        ``Planning Area'' on the map entitled ``Central Rockies Land 
        Exchange--Anthracite-Spring Creek Travel Planning Area'' and 
        dated February 2010. Such plan--
                    (A) may incorporate any travel management plans, or 
                applicable provisions thereof, that cover the Travel 
                Planning Area and may have already been completed by 
                the Secretary concerned;
                    (B) may, at the discretion of the Secretary 
                concerned, update any existing plans to provide for any 
                enhanced public access, roads, trails, and trailheads 
                as may be enabled by the funding under paragraph (3); 
                and
                    (C) shall determine, in consultation with Gunnison 
                County, whether the reservation of paragraph (2)(B) 
                should be terminated because adequate or preferable 
                replacement access is to be provided under this 
                paragraph.
            (2) Interim access.--The conveyance of Federal parcel 1 to 
        the Bear Ranch pursuant to section 4 shall be subject to--
                    (A) the existing right-of-way for Gunnison County 
                Road 2 as shown on the map depicted in paragraph (1); 
                and
                    (B) a reservation of nonmotorized public access 
                from County Road 2 to the Deep Creek area as shown on 
                the map referenced in paragraph (1).
            (3) Access funding.--
                    (A) In general.--Before the consummation of the 
                land exchange under section 4, the Bear Ranch shall 
                deposit with the Secretary of the Interior the sum of 
                $50,000, which may be used by the Secretary of the 
                Interior and the Secretary of Agriculture, as they 
                jointly determine appropriate, without further 
                appropriation, for road, trail, and trailhead work and 
                purposes specified in paragraph (1).
                    (B) Effect of plan.--If the plan under paragraph 
                (1) determines that the paragraph (2)(B) reservation 
                should be terminated, the Bear Ranch shall pay to the 
                Secretary of the Interior an additional sum of 
                $200,000, which may be utilized by the Secretary of the 
                Interior and the Secretary of Agriculture, as they 
                jointly determine appropriate, without further 
                appropriation, for paragraph (1) road, trail, and 
                trailhead work and purposes. Upon completion of such 
                work, the paragraph (2)(B) reservation shall be 
                terminated.
    (e) Exchange Timetable.--It is the intent of Congress that the land 
exchanges directed by this Act be consummated not later than 1 year 
after the date of the enactment of this Act.
    (f) Maps, Estimates, and Descriptions.--
            (1) Minor errors.--The Secretary concerned and the Bear 
        Ranch or Darien Ranch may by mutual agreement make minor 
        boundary adjustments to any land parcel or the right-of-way 
        involved in the exchange concerned, and may correct any minor 
        errors in any map, acreage estimate, or description of any land 
        or right-of-way to be exchanged.
            (2) Conflict.--If there is a conflict between a map, an 
        acreage estimate, or a description of any land or right-of-way 
        under this Act, the map shall control unless the Secretary 
        concerned and the Bear Ranch or Darien Ranch mutually agree 
        otherwise.
            (3) Availability.--The Secretary concerned shall file and 
        make available for public inspection in the appropriate field 
        offices of the Bureau of Land Management, the Curecanti 
        National Recreation Area, Dinosaur National Monument, and White 
        River and Gunnison National Forests a copy of the pertinent 
        maps referred to in this Act.
                                 <all>