[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 36 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                 S. 36

 To authorize, direct, expedite, and facilitate a land exchange in El 
      Paso and Teller Counties, Colorado, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 8, 2019

Mr. Gardner (for himself and Mr. Bennet) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To authorize, direct, expedite, and facilitate a land exchange in El 
      Paso and Teller Counties, Colorado, and for other purposes.

    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 ``Crags, Colorado Land Exchange Act''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to authorize, direct, expedite and facilitate the land 
        exchange set forth herein; and
            (2) to promote enhanced public outdoor recreational and 
        natural resource conservation opportunities in the Pike 
        National Forest near Pikes Peak, Colorado, via acquisition of 
        the non-Federal land and trail easement.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) BHI.--The term ``BHI'' means Broadmoor Hotel, Inc., a 
        Colorado corporation.
            (2) Federal land.--The term ``Federal land'' means all 
        right, title, and interest of the United States in and to 
        approximately 83 acres of land within the Pike National Forest, 
        El Paso County, Colorado, together with a nonexclusive 
        perpetual access easement to BHI to and from such land on 
        Forest Service Road 371, as generally depicted on the map 
        entitled ``Proposed Crags Land Exchange-Federal Parcel-Emerald 
        Valley Ranch'', dated March 2015.
            (3) Non-federal land.--The term ``non-Federal land'' means 
        the land and trail easement to be conveyed to the Secretary by 
        BHI in the exchange and is--
                    (A) approximately 320 acres of land within the Pike 
                National Forest, Teller County, Colorado, as generally 
                depicted on the map entitled ``Proposed Crags Land 
                Exchange-Non-Federal Parcel-Crags Property'', dated 
                March 2015; and
                    (B) a permanent trail easement for the Barr Trail 
                in El Paso County, Colorado, as generally depicted on 
                the map entitled ``Proposed Crags Land Exchange-Barr 
                Trail Easement to United States'', dated March 2015, 
                and which shall be considered as a voluntary donation 
                to the United States by BHI for all purposes of law.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, unless otherwise specified.

SEC. 4. LAND EXCHANGE.

    (a) In General.--If BHI offers to convey to the Secretary all 
right, title, and interest of BHI in and to the non-Federal land, the 
Secretary shall accept the offer and simultaneously convey to BHI the 
Federal land.
    (b) Land Title.--Title to the non-Federal land conveyed and donated 
to the Secretary under this Act 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.
    (c) Perpetual Access Easement to BHI.--The nonexclusive perpetual 
access easement to be granted to BHI as shown on the map referred to in 
section 3(2) shall allow--
            (1) BHI to fully maintain, at BHI's expense, and use Forest 
        Service Road 371 from its junction with Forest Service Road 368 
        in accordance with historic use and maintenance patterns by 
        BHI; and
            (2) full and continued public and administrative access and 
        use of FSR 371 in accordance with the existing Forest Service 
        travel management plan, or as such plan may be revised by the 
        Secretary.
    (d) Route and Condition of Road.--BHI and the Secretary may 
mutually agree to improve, relocate, reconstruct, or otherwise alter 
the route and condition of all or portions of such road as the 
Secretary, in close consultation with BHI, may determine advisable.
    (e) Exchange Costs.--BHI shall pay for all land survey, appraisal, 
and other costs to the Secretary as may be necessary to process and 
consummate the exchange directed by this Act, including reimbursement 
to the Secretary, if the Secretary so requests, for staff time spent in 
such processing and consummation.

SEC. 5. EQUAL VALUE EXCHANGE AND APPRAISALS.

    (a) Appraisals.--The values of the lands to be exchanged under this 
Act shall be determined by the Secretary through appraisals performed 
in accordance with--
            (1) the Uniform Appraisal Standards for Federal Land 
        Acquisitions;
            (2) the Uniform Standards of Professional Appraisal 
        Practice;
            (3) appraisal instructions issued by the Secretary; and
            (4) shall be performed by an appraiser mutually agreed to 
        by the Secretary and BHI.
    (b) Equal Value Exchange.--The values of the Federal and non-
Federal land parcels exchanged shall be equal, or if they are not 
equal, shall be equalized as follows:
            (1) Surplus of federal land value.--If the final appraised 
        value of the Federal land exceeds the final appraised value of 
        the non-Federal land parcel identified in section 3(3)(A), BHI 
        shall make a cash equalization payment to the United States 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 l976 (43 
        U.S.C. 1716(b)).
            (2) Use of funds.--Any cash equalization moneys received by 
        the Secretary under paragraph (1) shall be--
                    (A) deposited in the fund established under Public 
                Law 90-171 (commonly known as the ``Sisk Act''; 16 
                U.S.C. 484a); and
                    (B) made available to the Secretary for the 
                acquisition of land or interests in land in Region 2 of 
                the Forest Service.
            (3) Surplus of non-federal land value.--If the final 
        appraised value of the non-Federal land parcel identified in 
        section 3(3)(A) exceeds the final appraised value of the 
        Federal land, the United States shall not make a cash 
        equalization payment to BHI, and surplus value of the non-
        Federal land shall be considered a donation by BHI to the 
        United States for all purposes of law.
    (c) Appraisal Exclusions.--
            (1) Special use permit.--The appraised value of the Federal 
        land parcel shall not reflect any increase or diminution in 
        value due to the special use permit existing on the date of the 
        enactment of this Act to BHI on the parcel and improvements 
        thereunder.
            (2) Barr trail easement.--The Barr Trail easement donation 
        identified in section 3(3)(B) shall not be appraised for 
        purposes of this Act.

SEC. 6. MISCELLANEOUS PROVISIONS.

    (a) Withdrawal Provisions.--
            (1) Withdrawal.--Lands acquired by the Secretary under this 
        Act shall, without further action by the Secretary, 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 land from appropriation or disposal under 
        a public land law shall be revoked to the extent necessary to 
        permit disposal of the Federal land parcel to BHI.
            (3) Withdrawal of federal land.--All Federal land 
        authorized to be exchanged under this Act, if not already 
        withdrawn or segregated from appropriation or disposal under 
        the public lands laws upon enactment of this Act, is hereby so 
        withdrawn, subject to valid existing rights, until the date of 
        conveyance of the Federal land to BHI.
    (b) Postexchange Land Management.--Land acquired by the Secretary 
under this Act shall become part of the Pike-San Isabel National Forest 
and be managed in accordance with the laws, rules, and regulations 
applicable to the National Forest System.
    (c) Exchange Timetable.--It is the intent of Congress that the land 
exchange directed by this Act be consummated no later than one year 
after the date of the enactment of this Act.
    (d) Maps, Estimates, and Descriptions.--
            (1) Minor errors.--The Secretary and BHI may by mutual 
        agreement make minor boundary adjustments to the Federal and 
        non-Federal lands involved in the exchange, and may correct any 
        minor errors in any map, acreage estimate, or description of 
        any land to be exchanged.
            (2) Conflict.--If there is a conflict between a map, an 
        acreage estimate, or a description of land under this Act, the 
        map shall control unless the Secretary and BHI mutually agree 
        otherwise.
            (3) Availability.--Upon enactment of this Act, the 
        Secretary shall file and make available for public inspection 
        in the headquarters of the Pike-San Isabel National Forest a 
        copy of all maps referred to in this Act.
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