1.This Act may be cited as the
Central Rockies Land Exchange and
National Park System Enhancement Act of 2010
.
2.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.
3.In this Act:
(1)The term Bear Ranch means the Bear Ranch, LLC,
a Colorado Limited Liability Corporation.
(2)The term Darien Ranch means the ranch operated
by Larry and Dana Darien of 2880 County Road 3, Marble, Colorado.
(3)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)The term non-Federal land means land to be
conveyed to the United States in the land exchanges under this Act.
(5)The term Secretary concerned means the
Secretary of the Interior or Secretary of Agriculture, as appropriate.
4.Bear Ranch and
Department of the Interior Land Exchange, Gunnison County, Colorado, and Uintah
County, Utah
(a)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
describedThe 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)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.
5.Darien Ranch and
Forest Service Land Exchange, Gunnison County, Colorado
(a)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)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.
6.Equal value
exchange and appraisals
(a)
(1)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 valueIf 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 valueIf 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 interiorAny 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)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)
(1)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)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)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)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)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).
7.
(a)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)
(1)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)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 landAll 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 interiorLand 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)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)
(1)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)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)
(A)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)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)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)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)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)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.