[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.)

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