[Congressional Record Volume 143, Number 45 (Wednesday, April 16, 1997)]
[Senate]
[Pages S3269-S3272]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL:
  S. 587. A bill to require the Secretary of the Interior to exchange 
certain lands located in Hinsdale County, CO; to the Committee on 
Energy and Natural Resources.
  S. 588. A bill to provide for the expansion of the Eagles Nest 
Wilderness within the Arapaho National Forest and the White River 
National Forest, Colorado, to include land known as the State Creek 
Addition; to the Committee on Energy and Natural Resources.
  S. 589. A bill to provide for a boundary adjustment and land 
conveyance involving the Raggeds Wilderness, White River National 
Forest, Colorado, to correct the effects of earlier erroneous land 
surveys; to the Committee on Energy and Natural Resources.
  S. 590. A bill to provide for a land exchange involving certain land 
within the Routt National Forest in the State of Colorado; to the 
Committee on Energy and Natural Resources.
  S. 591. A bill to transfer the Dillon Ranger District in the Arapaho 
National Forest to the White River National Forest in the State of 
Colorado; to the Committee on Energy and Natural Resources.


                        PUBLIC LANDS LEGISLATION

  Mr. CAMPBELL. Mr. President, today I introduce five pieces of 
legislation affecting Federal lands in my home State of Colorado.
  The purpose of these bills is to facilitate the process of 
consolidating our Federal lands into contiguous blocks which makes 
their management more efficient and less costly.
  Much of the land over which the Bureau of Land Management and the 
U.S. Forest Service has management authority contains numerous 
inholdings which may have been old mining claims or other privately 
owned parcels. This patchwork ownership often creates management 
problems. For example, a particular parcel may block the public's 
access to other Federal lands. The presence of an inholding may limit 
the tools which can be used by the Federal agency to manage the land. 
If a controlled fire is needed to clear underbrush or stop the spread 
of insects, the presence of private land in the midst of the area may 
well preclude the use of fire as a management tool. All these 
considerations require much more time, and adds to the expense of 
caring for Federal lands.
  Whenever an owner of these private parcels willingly offers to sell 
or exchange their lands, it is important that the Federal Government is 
able to accomplish these transactions to increase

[[Page S3270]]

management efficiency and public use. The designated Federal agencies 
have reviewed these bills and the legislation reflects their input.
  The first bill, the Larson and Friends Creek exchange, directs the 
Secretary of the Interior to exchange lands of equal value for several 
small parcels within the Handies Peak Wilderness Study Area and Red 
Cloud Peak Wilderness Study Area in Hinsdale County, CO. This exchange 
will allow the study areas to better fit the definition of a wilderness 
area.
  The second bill, the Slate Creek addition to Eagles Nest Wilderness, 
provides for the expansion of the wilderness area in Summit County, CO. 
The current owners of this parcel are willing to convey it to the 
United States only if it is added to the existing wilderness area and 
permanently managed as wilderness. This addition will increase public 
access to the wilderness.

  The third bill, Raggeds Wilderness boundary adjustment, is necessary 
to correct the effects of earlier erroneous land surveys. Certain 
landowners in Gunnison County, CO, who own property adjacent to the 
Raggeds Wilderness have occupied or improved their property in good 
faith based upon a survey they reasonably believed to be accurate. This 
bill is necessary to accomplish an adjustment of the boundary between 
the private landowners and the wilderness area. The entire area 
involved in this adjustment is less than 1 acre.
  The fourth bill, Miles land exchange, authorizes the Secretary of 
Agriculture to convey lands of equal value in exchange for the Miles 
parcel located adjacent to the Routt National Forest in Routt County, 
CO. The purpose of this exchange is to improve on-the-ground management 
of public lands which are now isolated and difficult to manage. It will 
eliminate the need for long standing special use permits and add 
riparian acres to the national forest.
  The final bill, the Dillon Ranger District transfer, allows for a 
boundary adjustment to transfer the Dillon Ranger District from the 
Arapaho National Forest to the White River National Forest. The Dillon 
District is already under the jurisdictional management of the White 
River National Forest. However, this technical correction is necessary 
because any official publications of the U.S. Forest Service references 
the district as a part of the Arapaho National Forest and confuses the 
public.
  I ask unanimous consent that these bills be printed in the Record 
with letters of support from various county governments in which these 
lands are located.
  There being no objection, the bills were ordered to be printed in the 
Record, as follows:

                                 S. 587

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. LARSON AND FRIENDS CREEK EXCHANGE.

       (a) In General.--In exchange for conveyance to the United 
     States of an equal value of offered land acceptable to the 
     Secretary of the Interior that lies within, or in proximity 
     to, the Handies Peak Wilderness Study Area, the Red Cloud 
     Peak Wilderness Study Area, or the Alpine Loop Backcountry 
     Bi-way, in Hinsdale County, Colorado, the Secretary of the 
     Interior shall convey to Lake City Ranches, Ltd., a Texas 
     limited partnership (referred to in this section as ``LCR''), 
     approximately 560 acres of selected land located in that 
     county and generally depicted on a map entitled ``Larson and 
     Friends Creek Exchange'', dated June 1996.
       (b) Contingency.--The exchange under subsection (a) shall 
     be contingent on the granting by LCR to the Secretary of a 
     permanent conservation easement, on the approximately 440-
     acre Larson Creek portion of the selected land (as depicted 
     on the map), that limits future use of the land to 
     agricultural, wildlife, recreational, or open space purposes.
       (c) Appraisal and Equalization.--
       (1) In general.--The exchange under subsection (a) shall be 
     subject to--
       (A) the appraisal requirements and equalization payment 
     limitations set forth in section 206 of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1716); and
       (B) reviews and approvals relating to threatened species 
     and endangered species, cultural and historic resources, and 
     hazardous materials under other Federal laws.
       (2) Costs of appraisal and review.--The costs of appraisals 
     and reviews shall be paid by LCR.
       (3) Crediting.--The Secretary may credit payments under 
     paragraph (2) against the value of the selected land, if 
     appropriate, under section 206(f) of the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1716(f)).
                                                                    ____


                                 S. 588

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SLATE CREEK ADDITION TO EAGLES NEST WILDERNESS, 
                   ARAPAHO AND WHITE RIVER NATIONAL FORESTS, 
                   COLORADO.

       (a) Slate Creek Addition.--If, before December 31, 2000, 
     the United States acquires the parcel of land described in 
     subsection (b)--
       (1) on acquisition of the parcel, the parcel shall be 
     included in and managed as part of the Eagles Nest Wilderness 
     designated by Public Law 94-352 (16 U.S.C. 1132 note; 90 
     Stat. 870); and
       (2) the Secretary of Agriculture shall adjust the 
     boundaries of the Eagles Nest Wilderness to reflect the 
     inclusion of the parcel.
       (b) Description of Addition.--The parcel referred to in 
     subsection (a) is the parcel generally depicted on a map 
     entitled ``Slate Creek Addition--Eagles Nest Wilderness'', 
     dated February 1997, comprising approximately 160 acres in 
     Summit County, Colorado, adjacent to the Eagles Nest 
     Wilderness.
                                                                    ____


                                 S. 589

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. BOUNDARY ADJUSTMENT AND LAND CONVEYANCE, RAGGEDS 
                   WILDERNESS, WHITE RIVER NATIONAL FOREST, 
                   COLORADO.

       (a) Findings.--Congress finds that--
       (1) certain landowners in Gunnison County, Colorado, who 
     own real property adjacent to the portion of the Raggeds 
     Wilderness in the White River National Forest, Colorado, have 
     occupied or improved their property in good faith and in 
     reliance on erroneous surveys of their properties that the 
     landowners reasonably believed were accurate;
       (2) in 1993, a Forest Service resurvey of the Raggeds 
     Wilderness established accurate boundaries between the 
     wilderness area and adjacent private lands; and
       (3) the resurvey indicates that a small portion of the 
     Raggeds Wilderness is occupied by adjacent landowners on the 
     basis of the earlier erroneous land surveys.
       (b) Purpose.--The purpose of this section to remove from 
     the boundaries of the Raggeds Wilderness certain real 
     property so as to permit the Secretary of Agriculture to use 
     the authority of Public Law 97-465 (commonly known as the 
     ``Small Tracts Act'') (16 U.S.C. 521c et seq.) to convey the 
     property to the landowners who occupied the property on the 
     basis of erroneous land surveys.
       (c) Boundary Adjustment.--The boundary of the Raggeds 
     Wilderness, Gunnison National Forest and White River National 
     Forest, Colorado, as designated by section 102(a)(16) of 
     Public Law 96-560 (94 Stat. 3267; 16 U.S.C. 1132 note), is 
     modified to exclude from the area encompassed by the 
     wilderness a parcel of real property approximately 0.86-acres 
     in size situated in the SW\1/4\ of the NE\1/4\ of Section 28, 
     Township 11 South, Range 88 West of the 6th Principal 
     Meridian, as depicted on the map entitled ``Encroachment-
     Raggeds Wilderness'', dated November 17, 1993.
       (d) Map.--The map described in subsection (c) shall be on 
     file and available for inspection in the appropriate offices 
     of the Forest Service, Department of Agriculture.
       (e) Conveyance of Land Removed From Wilderness Area.--The 
     Secretary of Agriculture shall use the authority provided by 
     Public Law 97-465 (commonly known as the ``Small Tracts 
     Act'') (16 U.S.C. 521c et seq.) to convey all right, title, 
     and interest of the United States in and to the real property 
     excluded from the boundaries of the Raggeds Wilderness under 
     subsection (c) to the owners of real property in Gunnison 
     County, Colorado, whose real property adjoins the excluded 
     real property and who have occupied the excluded real 
     property in good faith reliance on an erroneous survey.
                                                                    ____


                                 S. 590

       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 ``Miles Land Exchange Act of 
     1997''.

     SEC. 2. LAND EXCHANGE, ROUTT NATIONAL FOREST, COLORADO.

       (a) Authorization of Exchange.--If the parcel of non-
     Federal land described in subsection (b) is conveyed to the 
     United States in accordance with this section, the Secretary 
     of Agriculture shall convey to the person that conveys the 
     parcel all right, title, and interest of the United States 
     in and to a parcel of Federal land consisting of 
     approximately 84 acres within the Routt National Forest in 
     the State of Colorado, as generally depicted on the map 
     entitled ``Miles Land Exchange'', Routt National Forest, 
     dated May 1996.
       (b) Parcel of Non-Federal Land.--The parcel of non-Federal 
     land referred to in subsection (a) consists of approximately 
     84 acres, known as the ``Miles parcel'', located adjacent to 
     the Routt National Forest, as generally depicted on the map 
     entitled ``Miles Land Exchange'', Routt National Forest, 
     dated May 1996.
       (c) Acceptable Title.--Title to the non-Federal land 
     conveyed to the United States under subsection (a) shall be 
     such title as is

[[Page S3271]]

     acceptable to the Secretary of Agriculture, in conformance 
     with title approval standards applicable to Federal land 
     acquisitions.
       (d) Valid Existing Rights.--The conveyance shall be subject 
     to such valid existing rights of record as may be acceptable 
     to the Secretary.
       (e) Approximately Equal Value.--The values of the Federal 
     land and non-Federal land to be exchanged under this section 
     are deemed to be approximately equal in value, and no 
     additional valuation determinations are required.
       (f) Applicability of Other Laws.--Except as otherwise 
     provided in this section, the Secretary shall process the 
     land exchange authorized by this section in the manner 
     provided in subpart A of part 254 of title 36, Code of 
     Federal Regulations (as in effect on the date of enactment of 
     this Act).
       (g) Maps.--The maps referred to in subsections (a) and (b) 
     shall be on file and available for inspection in the office 
     of the Forest Supervisor, Routt National Forest, and in the 
     office of the Chief of the Forest Service.
       (h) Boundary Adjustment.--
       (1) Inclusion in routt national forest.--On approval and 
     acceptance of title by the Secretary, the non-Federal land 
     conveyed to the United States under this section shall become 
     part of the Routt National Forest and shall be managed in 
     accordance with the laws (including regulations) applicable 
     to the National Forest System, and the boundaries of the 
     Routt National Forest shall be adjusted to reflect the land 
     exchange.
       (2) Retroactive application.--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 Routt National Forest, as 
     adjusted by this section, shall be considered to be the 
     boundaries of the Routt National Forest as of January 1, 
     1965.
       (i) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyances under this section as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                                                    ____


                                 S. 591

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. INCLUSION OF DILLON RANGER DISTRICT IN WHITE RIVER 
                   NATIONAL FOREST, COLORADO.

       (a) Boundary Adjustments.--
       (1) White river national forest.--The boundary of the White 
     River National Forest in the State of Colorado is adjusted to 
     include all National Forest System land located in Summit 
     County, Colorado, comprising the Dillon Ranger District of 
     the Arapaho National Forest.
       (2) Arapaho national forest.--The boundary of the Arapaho 
     National Forest is adjusted to exclude the land transferred 
     to in the White River National Forest by paragraph (1).
       (b) Reference.--Any reference to the Dillon Ranger 
     District, Arapaho National Forest, in any statute, 
     regulation, manual, handbook, or other document shall be 
     deemed to be a reference to the Dillon Ranger District, White 
     River National Forest.
       (c) Existing Rights.--Nothing in this section affects valid 
     existing rights of persons holding any authorization, permit, 
     option, or other form of contract existing on the date of the 
     enactment of this Act.
       (d) Forest Receipts.--Notwithstanding the distribution 
     requirements of payments under the sixth paragraph under the 
     heading FOREST SERVICE'' in the Act entitled ``An Act making 
     appropriations for the Department of Agriculture for the 
     fiscal year ending June thirtieth, nineteen hundred and 
     nine'', approved May 23, 1908 (35 Stat. 260, chapter 192; 16 
     U.S.C. 500), the distribution of receipts from the Arapaho 
     National Forest and the White River National Forest to 
     affected county governments shall be based on the national 
     forest boundaries that existed on the day before the date of 
     enactment of this Act.

                                                    Summit County,


                                Board of County Commissioners,

                               Breckenridge, CO, February 7, 1997.
     Hon. Ben Nighthorse Campbell,
     U.S. Senate, Russell Senate Office Building, Washington, DC.
       Dear Senator Campbell: We are writing in support of 
     modifying the Eagles Nest Wilderness Area boundary to include 
     a 160-acre property along the Slate Creek drainage owned by 
     Scotty and Jeanette Moser. The Board of County Commissioners 
     understands the Mosers want to transfer their property to the 
     National Forest and wish to see the property become part of 
     the wilderness area.
       When the boundary for the Eagles Nest Wilderness Area was 
     created in the 1970's, the Moser's property was not included 
     since it was private property and could be effectively 
     ``cherry-stemmed'' out of the wilderness area. This boundary, 
     based on land ownership, has no on-the-ground basis. In fact, 
     from a land management perspective, the Moser property should 
     logically be part of the wilderness area.
       The Mosers have gone to great lengths over the years to 
     preserve the wilderness character of their property. The 
     property contains outstanding riparian habitat, possesses 
     spectacular views, and has no development on it.
       There is strong community support in Summit County to 
     include the Moser property in the Eagles Nest Wilderness 
     Area. We are not aware of any opposition to include the Moser 
     property in the Wilderness.
       We respectively request your assistance to modify the 
     Eagles Nest Wilderness Area boundary during this session of 
     Congress to include the Moser's property.
           Sincerely,
                                      Gary M. Lindstrom, Chairman,
     Board of County Commissioners.
                                                                    ____



                                              Hinsdale County,

                                     Lake City, CO, June 20, 1996.
     Senator Ben Nighthorse Campbell,
     Russell Senate Office Building,
     Washington, DC.
       Dear Senator Campbell: On behalf of the Board of County 
     Commissioners and the citizens of Hinsdale County I am 
     writing to express Hinsdale County's support for the proposed 
     land exchange between the Bureau of Land Management (BLM) and 
     Lake City Ranches, Ltd. Under the agreement, Lake City 
     Ranches, Ltd will receive approximately 560 acres of land 
     adjoining the existing ranch, while the BLM will acquire long 
     sought after inholdings in or near the Handies Peak or Red 
     Cloud Wilderness Study Areas or the Alpine Loop By-way.
       Hinsdale County is ninety six percent federally owned and 
     has always been concerned about land trades that erode the 
     amount of private property within the county. Loss of 
     property has unwanted impacts on the local economy and the 
     local government. Also, Hinsdale County firmly believes that 
     any federal actions that may impact our county, like land 
     trades or other policy decisions, must have local public 
     input and cooperation.
       It is our understanding the proposed land trade will assist 
     the BLM in consolidating their holdings within wilderness 
     areas and preserve a beautiful and fragile environment. The 
     acquisition by Lake City Ranches, Ltd, though marginal in 
     terms of economic impact to the area, should not reduce the 
     amount of private land within Hinsdale County. Also, the 
     local BLM office has assured us that no decision regarding 
     the trade shall be made without full disclosure and local 
     input into the decision making process. Both of the above are 
     consistent with Hinsdale County's long-standing political 
     policy and objectives.
       Again let me state that Hinsdale County supports the 
     proposed land trade between the BLM and Lake City Ranches, 
     Ltd, as long as the county's policies regarding land trades 
     and input to the decision making process are respected.
           Sincerely,
                                               James Lewis, Chair,
     Hinsdale County Commissioners.
                                                                    ____



                                        Open Space and Trails,

                                   Pitkin County, August 29, 1996.
     Senator Ben Nighthorse Campbell,
     Russell Senate Office Building,
     Washington, DC.
       Dear Senator Campbell: The Open Space and Trails Board of 
     Trustees of Pitkin County respectfully requests that moneys 
     be included in the Interior Appropriations legislation for FY 
     1997 to enable the U.S. Forest Service to purchase the 158 
     acre Warren Lakes property southeast of Aspen, Colorado. It 
     is our understanding that the House version of the bill 
     contained funds for the purchase since it is one of the top 
     nationwide priorities for acquisition identified by the 
     Forest Service, but that the Senate bill, for reasons unknown 
     to us, did not. We urge that funding be assured in the House-
     Senate conference.
       Public acquisition of Warren Lakes by the Forest Service 
     has been a long-term priority for Pitkin County and the Open 
     Space and Trails Board of Trustees because of the property's 
     extremely high wetland, wilderness, wildlife and recreational 
     values. In addition, the property is the only private 
     inholding in an otherwise solid block of Forest Service land, 
     making the Forest Service the logical owner for this 
     property. As you are likely aware, Pitkin County has for many 
     decades vigorously pursued the protection of open space 
     throughout the County in cooperation with the Forest Service, 
     and the acquisition of the Warren Lakes parcel by the Forest 
     Service is a key element in both entities' plans to protect 
     important areas of open space.
       Because of its proximity to the Town of Aspen (5 miles via 
     dirt road) and to the Hunter-Fryingpan Wilderness, public 
     ownership of Warren Lakes will provide important new access 
     to the wilderness and public lands while ensuring perpetual 
     public access along the road through the property, and open 
     up new opportunities for public recreation close to Town. 
     This, in an of itself, is a very important reason for the 
     Forest Service to pursue this acquisition. In addition, 
     Warren Lakes has three large manmade ponds which will provide 
     new fishing opportunities and pristine breeding areas for 
     fish species. The wetlands and peat bogs themselves possess 
     very significant ecological values: they support a unique 
     ecology of many rare plants and provide habitat for numerous 
     animals and birds; they act as natural filtration systems and 
     clean water supplies and replenish ground water; they trap 
     and store water preventing downstream erosion; and, they help 
     abate downstream flooding by acting as natural sponges, 
     absorbing heavy rainfall and snowmelt and then slowly 
     releasing the water downstream. Mountain peat accumulates in 
     these wetlands at only 3 to 11 inches per thousand years and 
     scientists estimate that only 1% of the land in Colorado 
     supports biological communities found in Colorado's 
     peatlands. These combined values are

[[Page S3272]]

     exceedingly rare to find in just one piece of land, and 
     explain why both our constituents and the Forest Service are 
     so anxious to see the land conveyed into public ownership.
       The Open Space and Trails Board urges you to do whatever 
     you can to insure that funding for this Forest Service 
     purchase is included in this year's appropriations bill.
           Sincerely,
                                               William E.L. Fales,
                                                         Chairman.
                                 ______