[Congressional Record Volume 140, Number 56 (Tuesday, May 10, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[Congressional Record: May 10, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
COLORADO LAND EXCHANGES
Mr. VENTO. Madam Speaker, I move to suspend the rules and pass the
Senate bill (S. 341) to provide for a land exchange between the
Secretary of Agriculture and Eagle and Pitkin Counties in Colorado, and
for other purposes.
The Clerk read as follows:
S. 341
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) Eagle and Pitkin Counties in the State of Colorado
(hereinafter in this Act referred to as the ``Counties'') are
offering to convey to the United States approximately one
thousand three hundred and seven acres of patented mining
claim properties owned by the Counties with or adjacent to
the White River National Forest (hereinafter in this Act
referred to as the ``National Forest inholdings''), including
approximately six hundred and sixty nine acres of inholdings
within the Holy Cross, Hunter-Fryingpan, Collegiate Peaks,
and Maroon Bells-Snowmass Wilderness Areas;
(2) the properties identified in paragraph (1) are National
Forest inholdings whose acquisition by the United States,
would facilitate better management of the White River
National Forest and its wilderness resources; and
(3) certain lands owned by the United States within Eagle
County comprising approximately two hundred and seventeen
acres and known as the Mt. Sopris Tree Nursery (hereinafter
in this Act referred to as the ``nursery lands'') are
available for exchange and the Counties desire to acquire
portions of the nursery lands for public purposes.
(b) Purposes.--The proposes of this Act are--
(1) to provide the opportunity for an exchange whereby the
Counties would transfer to the United States the National
Forest inholdings in exchange for portions of the nursery
lands;
(2) to provide an expedited mechanism under Federal law for
resolving any private title claims to the National Forest
inholdings if the exchange is consummated; and
(3) after the period of limitations has run for
adjudication of all private title claims to the National
Forest inholdings, to quite title in the inholdings in the
United States subject to valid existing rights adjudicated
pursuant to this Act.
SEC. 2. OFFER OF EXCHANGE.
(a) Offer by the Counties.--The exchange directed by this
Act shall be consummated if within ninety days after
enactment of this Act, the Counties offer to transfer to the
United States, pursuant to the provisions of this Act, all
right, title, and interest of the Counties in and to
approximately--
(1) one thousand two hundred and fifty eight acres of lands
owned by Pitkin County within and adjacent to the boundaries
of the White River National Forest, Colorado, and generally
depicted as parcels 1-53 on maps entitled ``Pitkin County
Lands to Forest Service'', numbered 1-11, and dated April
1990, except for parcels 20 (Twilight), 21 (Little Alma),
the Highland Chief, and Alaska portions of parcel 25
depicted on map 7, and parcel 52 (Iron King) on map 11,
which shall remain in their current ownership; and
(2) forty-nine acres of land owned by Eagle County within
and adjacent to the boundaries of the White River National
Forest, Colorado, and generally depicted as parcels 54-58 on
maps entitled ``Eagle County Lands to Forest Service'',
numbered 12-14, and dated April 1990, except for parcel 56
(Manitou) on map 14 which is already in National Forest
ownership.
(b) Exchange by the Secretary.--Subject to the provisions
of section 3, within ninety days after receipt by the
Secretary of Agriculture (hereinafter in this Act referred to
as the ``Secretary'') of a quitclaim deed from the Counties
to the United States of the lands identified in subsection
(a) of this section, the Secretary, on behalf of the United
States, shall convey by quitclaim deed to the counties, as
tenants in common, all right, title, and interest of the
United States in and to approximately one hundred and
thirty-two acres of land (and water rights as
specified in section 7 and the improvements located thereon),
as generally depicted as tract A on the map entitled ``Mt.
Sopris Tree Nursery'', dated October 5, 1990.
SEC. 3. RESERVATIONS AND CONDITIONS OF CONVEYANCE.
(A) Reservations.--In any conveyance to the Counties
pursuant to section 2, the Secretary shall reserve--
(1) all right, title, and interest of the United States in
and to approximately eighty-five acres of land (and
improvements located thereon), which are generally depicted
as tracts B (approximately twenty-nine acres) and C
(approximately fifty-six acres) on the map referred to in
section 2(b);
(2) water rights as specified in section 7(a); and
(3) any easements, existing utility lines, or other
existing access in or across tract A currently serving
buildings and facilities on tract B.
(b) Reversion.--It is the intention of Congress that any
lands and water rights conveyed to the Counties pursuant to
this Act shall be retained by the Counties and used solely
for public recreation and recreational facilities, open
space, fairgrounds, and such other public purposes as do not
significantly reduce the portion of such lands in open space.
In the deed of conveyance to the Counties, the Secretary
shall provide that all right, title, and interest in and to
any lands and water rights conveyed to the Counties pursuant
to this Act shall revert back to the United States in the
event that such lands or water rights or any portion thereof
are sold or otherwise conveyed by the Counties or are used
for other than such public purposes.
(c) Equalization of Values.--Values of the respective lands
exchanged between the United States and the Counties pursuant
to this Act are deemed to be of approximately equal value,
without any need for cash equalization, as based on a
statement of value prepared by qualified Forest Service
appraisers and dated February 12, 1993.
(d) Right of First Refusal.--The Secretary may convey any
or all of the nursery lands reserved pursuant to subsection
(a) of this section for fair market value under existing
authorities, except that the Secretary shall first offer the
Counties the opportunity to acquire the lands. This right of
first refusal shall commence upon receipt by the Counties of
written notice of the intent of the Secretary to convey such
property, and the Counties shall have sixty days from the
date of such receipt to offer to acquire such properties at
fair market value as tenants in common. The Secretary shall
have sole discretion as to whether to accept or reject any
such offer of the Counties.
SEC. 4. STATUS OF LANDS ACQUIRED BY THE UNITED STATES.
(a) National Forest System Lands.--The National Forest
inholdings acquired by the United States pursuant to this Act
shall become a part of the White River National Forest (or in
the case of portions of parcels 39, 40, and 41 depicted on
map 9, and a portion of parcel 54 of map 12, part of the
Gunnison and Arapahoe National Forests, respectively) for
administration and management by the Secretary in accordance
with the laws, rules, and regulations applicable to the
National Forest System.
(b) Wilderness.--The National Forest inholdings that are
within the boundaries of the Holy Cross, Hunter-Fryingpan,
Collegiate Peaks, and Maroon Bells-Snowmass Wilderness Areas
shall be incorporated in and deemed to be part of their
respective wilderness areas and shall be administered in
accordance with the provisions of the Wilderness Act
governing areas designated by that Act as wilderness.
SEC. 5. RESOLVING TITLE DISPUTES TO NATIONAL FOREST
INHOLDINGS.
(a) Quiet Title Act.--Notwithstanding any other provisions
of law and subject to the provisions of subsection (c) of
this section, section 2409a of title 28, United States Code
(commonly referred to as the ``Quiet Title Act'') shall be
the sole legal remedy of any party claiming any right, title,
or interest in or to any National Forest inholdings conveyed
by the Counties to the United States pursuant to this Act.
(b) Listing.--Upon conveyance of the National Forest
inholdings to the United States, the Secretary shall cause to
be published in a newspaper or newspapers of general
circulation in Pitkin and Eagle Counties, Colorado, a listing
of all National Forest inholdings acquired pursuant to this
Act together with a statement that any party desiring to
assert a claim of any right, title, or interest in or to such
lands must bring an action against the United States pursuant
to such section 2409a within the same period described by
subsection (c) of this section.
(c) Limitation.--Notwithstanding section 2409a(g) of title
28, United States Code, any civil action against the United
States to quiet title to National Forest inholdings conveyed
to the United States pursuant to this Act must be filed in
the United States District Court for the District of Colorado
no later than the date that is six years after the date of
publication of the listing required by subsection (b) of this
section.
(d) Vesting by Operation of Law.--Subject to any easements
or other rights of record that may be accepted and expressly
disclaimed by the Secretary, and without limiting title to
National Forest inholdings conveyed by the Counties pursuant
to this Act, all other rights, title, and interest in or to
such National Forest inholdings if not otherwise vested by
quitclaim deed to the United States, shall vest in the United
States on the date that is six years after the date of
publication of the listing required by subsection (b) of this
section, except for such title as is conveyed by the
Counties, no other rights, title, or interest in or to any
parcel of the lands conveyed to the United States pursuant to
this Act shall vest in the United States under this
subsection if title to such parcel--
(1) has been or hereafter is adjudicated as being in a
party other than the United States or the Counties; or
(2) is the subject of any action or suit against the United
States to vest such title in a party other than the United
States or the Counties that is pending on the date six years
after the date of publication of a listing required by
subsection (b) of this section.
(e) Costs and Attorney's Fees.--(1) At the discretion of
the count, any party claiming right, title, or interest in or
to any of the National Forest inholdings who files an action
against the United States to quiet title and fails to prevail
in such action may be required to pay to the Secretary on
behalf of the United States, an amount equal to the costs and
attorney's fees incurred by the United States in the defense
of such action.
(2) As a condition of any transfer of lands to the Counties
under this Act, the Counties shall be obligated to reimburse
the United States for 50 percent of all costs in excess of
$240,000 not reimbursed pursuant to paragraph (1) of this
subsection associated with the defense by the United States
of any claim or legal action brought against the United
States with respect to any rights, title, and interest in or
to the National Forest inholdings. Payment shall be made in
the same manner as provided in section 6 of this Act.
SEC. 6. REIMBURSEMENT TO THE UNITED STATES.
(a) In General.--As a condition of any transfer of lands to
the Counties under this Act, in addition to any amounts
required to be paid to the United States pursuant to section
5(e), in the event of a final determination adverse to the
United States in any action relating to the title to the
National Forest inholdings, the United States shall be
entitled to receive from the Counties reimbursement equal to
the fair market value (appraised as if they had marketable
title) of the lands that are the subject of such final
determination.
(b) Availability of Funds.--Any money received by the
United States from the Counties under section 5(e) or
subsection (a) of this section shall be considered money
received and deposited pursuant to the Act of December 4,
1967, as amended (and commonly known as the Sisk Act, 16
U.S.C. 484a).
(c) In-Kind Payment of Lands.--In lieu of monetary
payments, any obligation for reimbursement by the Counties to
the United States under this Act can be fulfilled by the
conveyance to the United States of lands having a current
fair market value equal to or greater than the amount of the
obligation. Such lands shall be mutually acceptable to the
Secretary and the Counties.
SEC. 7. WATER RIGHTS.
(a) Allocation and Management.--The water rights in
existence on the date of enactment of this Act in the Mt.
Sopris Tree Nursery, which comprise well water and irrigation
ditch rights adjudicated under the laws of the State of
Colorado, together with the right to administer, maintain,
access, and further develop such rights, shall be allocated
and managed as follows:
(1) The United States shall convey to the Counties as
undivided tenants in common all rights associated with the
five existing wells on the properties.
(2) If the Secretary determines that water from the five
existing wells is necessary to meet culinary, sanitary, or
domestic uses of the existing buildings retained by the
United States pursuant to section 3(a), the Counties shall
make available to the United States, without charge, enough
water to reasonably serve such needs and shall additionally,
if requested by the United States, make every effort to
cooperatively provide to the United States, without charge,
commensurate with the Counties' own needs on tract A, water
to serve reasonable culinary, sanitary, and domestic uses of
any new buildings which the United States may construct on
its retained lands in the future.
(3) All Federally owned irrigation ditch water rights shall
be reserved by the United States.
(b) Modification of Allocation.--If the Secretary and the
Counties determine the public interest will be better served
thereby, they may agree to modify the precise water
allocation made pursuant to this section or to enter into
cooperative agreements (with or without reimbursement) to
use, share, or otherwise administer such water rights and
associated facilities as they determine appropriate.
SEC. 8. MISCELLANEOUS PROVISIONS.
(a) Time Requirement for Completing Transfer.--If the
Counties make a timely offer, pursuant to section 2(a), the
transfers of lands authorized and directed by this Act shall
be completed no later than one year after the date of
enactment of this Act.
(b) Boundary Modifications.--The Secretary and the Counties
may mutually agree to make modifications of the final
boundary between tracts A and B prior to completion of the
exchange authorized by this Act if such modifications are
determined to better serve mutual objectives than the precise
boundaries as set forth in the maps referenced in this Act.
(c) Tract A Easement.--The transfer of tract A to the
Counties shall be subject to the existing highway easement to
the State of Colorado and to any other right, title, or
interest of record.
(d) Validity.--If any provision of this Act or the
application thereof is held invalid, the remainder of the Act
and application thereof, except for the precise provision
held invalid, shall not be affected thereby.
(e) Forest Headquarters and Administrative Offices.--The
White River National Forest headquarters and administrative
office in Glenwood Springs, Colorado, are hereby transferred
from the jurisdiction of the United States General Services
Administration to the jurisdiction of the Secretary who shall
retain such facilities unless and until otherwise provided by
subsequent Act of Congress.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Minnesota [Mr. Vento] will be recognized for 20 minutes, and the
gentleman from Utah [Mr. Hansen] will be recognized for 20 minutes.
The Chair recognizes the gentleman from Minnesota [Mr. Vento].
general leave
Mr. VENTO. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include therein extraneous material on S. 341, the Senate
bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Minnesota?
There was no objection.
Mr. VENTO. Madam Speaker, I yield myself such time as I may consume.
(Mr. VENTO asked and was given permission to revise and extend his
remarks.)
Mr. VENTO. Madam Speaker, S. 341 would provide for a land exchange
between the United States and two counties in western Colorado.
The bill is similar to one passed by the House in the last Congress
on which action was not completed prior to the sine die adjournment.
Under the exchange, the two counties would receive about 132 acres of
land near the community of El Jebel, outside National Forest
boundaries, that were once used by the forest service as a tree
nursery. In return, the counties would transfer to the United States
about 1,300 acres of National Forest inholdings, including some lands
within existing wilderness areas.
The tree-farm lands are located in a part of the valley of the
Roaring Fork River, between Aspen and Carbondale, where rapid
development is taking place and from which many residents commute into
Aspen to work. The counties want to use these lands for public
recreation and similar public purposes.
Under the bill, the counties could not transfer the lands, and the
lands would revert to the ownership of the National Government if used
for any purpose that would significantly reduce their open-space
character.
The forest service has reviewed the values of the lands involved, to
assure that the National Government will receive fair value in the
exchange, and has determined that the values are closely comparable.
The National Forest inholdings that the United States would receive
in the exchange were originally patented as mining claims--that is,
under the mining law of 1872 they were acquired from the United States
for a very low price. But the mining companies that held these lands
did not pay the property taxes on them, and the counties acquired them
at tax sales.
Recently, the ownership of the lands have been subject to some
disputes. Claims have been filed in the State courts, alleging that the
counties do not have good title.
To protect the National interest, the bill provides that any disputes
about the title to these inholdings must be resolved in Federal court,
and requires the counties to share equally in any litigation costs
exceeding $240,000 for which the court does not order reimbursement to
the National Government from the party contesting the title.
Furthermore, should there be a successful challenge to the title of
any of the National Forest inholdings, the counties would be required
to reimburse the United States, in money or in other lands acceptable
to the Secretary of Agriculture.
Mr. Speaker, S. 341 is a good bill that will enable the local
governments to make appropriate public use of open-space lands no
longer needed by the National Government and also improve the
management of very valuable National Forest lands, including important
wilderness areas. It is a sound measure that properly balances the
interests of the National Government, the two Colorado counties, and
all others concerned. I urge passage of the bill.
Madam Speaker, I reserve the balance of my time.
Mr. HANSEN. Madam Speaker, I yield myself such time as I may consume.
(Mr. HANSEN asked and was given permission to revise and extend his
remarks.)
Mr. HANSEN. Madam Speaker, I rise in support of S. 341 which would
direct a land exchange of about 132 acres of Federal lands in Colorado
for approximately 1,307 of inholdings owned by Eagle and Pitken
Counties in Colorado.
This bill has been fully explained by Chairman Vento. It is a
commonsense bill that makes sense for both the Forest Service and Eagle
and Pitken Counties. It is supported by the entire Colorado delegation
and the administration.
Congressman Scott McInnis, who represents this area, has been
actively involved in this legislation. In fact, he introduced H.R.
1199, which is the House companion to S. 341, and he is in full support
of the Senate version.
I urge my colleagues to support S. 341.
Mr. McINNIS. Mr. Speaker, I urge my colleagues to approve S. 341, the
Mt. Sopris Tree Nursery Land Exchange which has been presented to the
House today.
This legislation has passed the Senate three times, passed the House
Natural Resources Committee and the House last Congress, and would have
been law long ago had it not been for the timing of the congressional
adjournment in October, 1992. It has been my privilege to continue the
efforts of Senator Ben Nighthorse Campbell, my predecessor as
Representative from the Third District of Colorado, and to work with
him this session, carrying forward the Senate-passed version through
the House legislative process to completion today.
S. 341 is supported by the Forest Service, the administration, the
Colorado congressional delegation, and numerous environmental
organizations, business groups and local government entities. We have
all worked together for our constituents and the interests of Colorado,
while seeking to preserve the integrity of the title and use of these
beautiful areas.
Enacting this legislation will bring dozens of very sensitive
wilderness inholdings into Forest Service ownership. Wilderness
inholdings have caused many problems in our State, and particularly in
my congressional district, so an opportunity such as presented by S.
341 to convey these inholdings into Federal ownership without
controversy should not be passed up or delayed.
Since Pitkin and Eagle Counties have been seeking to acquire the Mt.
Soprits Tree Nursery lands for more than 5 years to devote them to
public uses, the counties are anxious to begin using the lands for
recreational facilities, a senior citizen meeting center, and other
worthy purposes. When this legislation is passed today, use this summer
may still be possible. Otherwise, other prime recreation seasons could
pass before the public can use the land.
Mr. Speaker, I would like to commend the commissioners of both Eagle
and Pitkin Counties; the U.S. Forest Service; both the House and Senate
Natural Resources Committees, notably House Natural Resources Committee
Chairman Miller and National Parks Subcommittee Chairman Bruce Vento
for their long-standing cooperation and support for this legislation.
Mr. Speaker, I urge the passage of the Mt. Sporis Tree Nursery Land
Exchange today.
Mr. HANSEN. Madam Speaker, I yield back the balance of my time.
Mr. VENTO. Madam Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Minnesota [Mr. Vento] that the House suspend the rules
and pass the Senate bill, S. 341.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill was passed.
A motion to reconsider was laid on the table.
(Mr. BEILENSON asked and was given permission to revise and extend
his remarks.)
____________________