[Congressional Record Volume 150, Number 125 (Wednesday, October 6, 2004)]
[Senate]
[Pages S10577-S10578]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL:
  S. 2904. A bill to authorize the exchange of certain land in the 
State of Colorado; to the Committee on Energy and Natural Resources.
  Mr. CAMPBELL. Mr. President, I am today introducing legislation to 
complete a small land exchange between the U.S. Forest Service, Bureau 
of Land Management and Pitkin County at the Ashcroft Townsite near 
Aspen, CO. This exchange is long overdue, as it has been over a decade 
since work on this proposal began.
  I am very pleased to assist this particular land exchange because it 
will result in the Forest Service acquiring a piece of land known as 
the ``Ryan Property'', which is one of the most scenic properties in 
the entire Aspen area . . . and that's saying a lot!
  I am personally familiar with the Ryan Property and its truly 
spectacular scenery, and would like to note that the Ryan Property was 
the training ground for the U.S. Army's famous 10th Mountain Division 
during World War II before the more well-known Camp Hale was built near 
Leadville.
  The Ryan Property also has a series of extremely popular cross 
country skiing trails, which connect the trails on adjacent Forest 
Service lands, and lie adjacent to the heavily-used Cathedral Lake 
Trail and trailhead. This is a truly magnificent piece of land that my 
bill will convey into permanent public ownership.
  The acquisition of these lands by the Forest Service will complete 
the Ashcroft Preservation Project, initiated by the Forest Service in 
1980 to protect the scenic and historic beauty of the Ashcroft area.
  As I indicated earlier, completion of this land exchange has not been 
without difficulty. Indeed, the exchange was first suggested by the 
Forest Service in 1992. In the year 2000, Pitkin County and the Aspen 
Valley Land Trust purchased the property, at the request of the Forest 
Service, to keep it from development until a land exchange could be 
completed.
  Unfortunately, since that time, procedural difficulties, personnel 
changes, and changing priorities have hindered completion of the 
exchange. As well, various alternative exchange land packages have been 
discussed and agreed upon by the parties involved over the years.
  Finally, this year, an agreement was reached between the Forest 
Service, BLM, and Pitkin County to go forward with a three-party 
exchange, and it is my intention to help them finish it. While this 
exchange will follow according to existing regulations, with my bill 
Congress will direct that it occur, so that the types of problems which 
have prevented its completion thus far will not delay it further.
  Additionally, with the special provisions written into this 
legislation, upon completion of the exchange the County and Land Trust 
will actually be donating land value to the United States, which is a 
great benefit for the public.
  Accordingly, I am introducing my legislation today in the hopes that 
it still might be able to see some action this fall. I note that the 
exchange has the support of a broad array of governmental and non-
profit entities including Pitkin County, the City of Aspen, the Aspen 
Valley Land Trust, the Aspen Skiing Company, the Roaring Fork 
Conservancy, Ashcroft Ski Touring, Wilderness Workshop, Conservation 
Fund, and many others.
  It is my feeling that this is exactly the type of consensus land 
conservation effort we should all be supporting, and hope for swift and 
successful passage of this legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2904

       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 ``Pitkin County Land Exchange 
     Act of 2004''.

     SEC. 2. PURPOSE.

       The purpose of this Act is to authorize, direct, expedite, 
     and facilitate the exchange of land between the United 
     States, Pitkin County, Colorado, and the Aspen Valley Land 
     Trust.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Aspen valley land trust.--
       (A) In general.--The term ``Aspen Valley Land Trust'' means 
     the Aspen Valley Land Trust, a nonprofit organization as 
     described in section 501(c)(3) of the Internal Revenue Code 
     of 1986.
       (B) Inclusions.--The term ``Aspen Valley Land Trust'' 
     includes any successor, heir, or assign of the Aspen Valley 
     Land Trust.
       (2) County.--The term ``County'' means Pitkin County, a 
     political subdivision of the State.
       (3) Federal land.--The term ``Federal land'' means--
       (A) the approximately 5.5 acres of National Forest System 
     land located in the County, as generally depicted on the map 
     entitled ``Ryan Land Exchange-Wildwood Parcel Conveyance to 
     Pitkin County'' and dated August 2004;
       (B) the 12 parcels of National Forest System land located 
     in the County totaling approximately 5.92 acres, as generally 
     depicted on the map entitled ``Ryan Land Exchange-Smuggler 
     Mountain Patent Remnants-Conveyance to Pitkin County'' and 
     dated August 2004; and
       (C) the approximately 40 acres of Bureau of Land management 
     land located in the County, as generally depicted on the map 
     entitled ``Ryan Land Exchange-Crystal River Parcel Conveyance 
     to Pitkin County'' and dated August 2004.
       (4) Non-Federal land.--The term ``non-Federal land'' 
     means--
       (A) the approximately 35 acres of non-Federal land in the 
     County, as generally depicted on the map entitled ``Ryan Land 
     Exchange-Ryan Property Conveyance to Forest Service'' and 
     dated August 2004; and
       (B) the approximately 18.2 acres of non-Federal land 
     located on Smuggler Mountain in the County, as generally 
     depicted on the map entitled ``Ryan Land Exchange-Smuggler 
     Mountain-Grand Turk and Pontiac Claims Conveyance to Forest 
     Service''.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (6) State.--The term ``State'' means the State of Colorado.

     SEC. 4. LAND EXCHANGE.

       (a) In General.--If the County offers to convey to the 
     United States title to the non-Federal land that is 
     acceptable to the Secretary, the Secretary and the Secretary 
     of the Interior shall--
       (1) accept the offer; and
       (2) on receipt of acceptable title to the non-Federal land, 
     simultaneously convey to the County, or at the request of the 
     County, to the Aspen Valley Land Trust, all right, title, and 
     interest of the United States in and to the Federal land, 
     subject to all valid existing rights and encumbrances.
       (b) Timing.--
       (1) In general.--Except as provided in paragraph (2), it is 
     the intent of Congress that the land exchange directed by 
     this Act shall be completed not later than 1 year after the 
     date of enactment of this Act.
       (2) Exception.--The Secretary, the Secretary of the 
     Interior, and the County may agree to extend the deadline 
     specified in paragraph (1).

     SEC. 5. EXCHANGE TERMS AND CONDITIONS.

       (a) Equal Value Exchange.--The value of the Federal land 
     and non-Federal land to be exchanged under this Act--
       (1) shall be equal; or
       (2) shall be made equal in accordance with subsection (c).
       (b) Appraisals.--
       (1) In general.--The value of the Federal land and non-
     Federal land shall be determined by the Secretary through 
     appraisals conducted in accordance with--
       (A) the Uniform Appraisal Standards for Federal Land 
     Acquisitions;
       (B) the Uniform Standards of Professional Appraisal 
     Practice; and
       (C) Forest Service appraisal instructions.
       (2) Value of certain federal land.--In conducting the 
     appraisal of the parcel of Federal land described in section 
     3(3)(C), the appraiser shall not consider the easement 
     required for that parcel under subsection (d)(1) for purposes 
     of determining the value of that parcel.
       (c) Equalization of Values.--
       (1)  Surplus of non-federal land.--If the final appraised 
     value of the non-Federal land exceeds the final appraised 
     value of the Federal land, the County shall donate to the 
     United States the excess value of the non-Federal land, which 
     shall be considered to be a donation for all purposes of law.
       (2) Surplus of federal land.--
       (A) In general.--If the final appraised value of the 
     Federal land exceeds the final appraised value of the non-
     Federal land, the value of the Federal land and non-Federal 
     land may be equalized by the County--
       (i) making a cash equalization payment to the Secretary;
       (ii) conveying to the Secretary certain land located in the 
     County, comprising approximately 160 acres, as generally 
     depicted on the map entitled ``Sellar Park Parcel'' and dated 
     August 2004; or

[[Page S10578]]

       (iii) using a combination of the methods described in 
     clauses (i) and (ii), as the Secretary and the County 
     determine to be appropriate.
       (B) Disposition and use of proceeds.--
       (i) Disposition of proceeds.--Any cash equalization payment 
     received by the Secretary under subparagraph (A)(i) shall be 
     deposited in the fund established by Public Law 90-171 
     (commonly known as the ``Sisk Act'') (16 U.S.C. 484a).
       (ii) Use of proceeds.--Amounts deposited under clause (i) 
     shall be available to the Secretary, without further 
     appropriation, for the acquisition of land or an interest in 
     land in the State for addition to the National Forest System.
       (d) Conditions on certain conveyances.--
       (1) Conditions on conveyance of crystal river parcel.--
       (A) In general.--The Secretary of the Interior shall not 
     convey to the County the parcel of land described in section 
     3(3)(C) until the County grants to the Aspen Valley Land 
     Trust, the Roaring Fork Conservancy, or any other entity 
     acceptable to the Secretary of the Interior and the County, a 
     permanent conservation easement to the parcel, the terms of 
     which--
       (i)(I) provide public access to the parcel; and
       (II) require that the parcel shall be used only for 
     recreational, fish and wildlife conservation, and open space 
     purposes; and
       (ii) are acceptable to the Secretary of the Interior.
       (B) Reversion.--In the deed of conveyance that conveys the 
     parcel of land described in section 3(3)(C) to the County, 
     the Secretary of the Interior shall provide that title to the 
     parcel shall revert to the United States at no cost to the 
     United States if--
       (i) the parcel is used for a purpose other than that 
     described in subparagraph (A)(i)(II); or
       (ii) the County or the entity holding the conservation 
     easement elect to discontinue administering the parcel.
       (2) Conditions on conveyance of wildwood parcel.--
       (A) In general.--Before the Secretary conveys to the County 
     the parcel described in section 3(3)(A), the Secretary shall 
     require the County, at the expense of the County, to transmit 
     to the Secretary a quitclaim deed to the parcel that 
     permanently relinquishes any claim that, before the date of 
     introduction of this Act, was brought against the United 
     States asserting the right, title, or interest of the 
     claimant in and to the parcel.
       (B) Reservation of easement.--In the deed of conveyance of 
     the parcel described in section 3(3)(A) to the County, or at 
     request of the County, to the Aspen Valley Land Trust, the 
     Secretary shall, as determined to be appropriate by the 
     Secretary in consultation with the County, reserve to the 
     United States a permanent easement to the parcel for the 
     location, construction, and public use of the East of Aspen 
     Trail.

     SEC. 6. MISCELLANEOUS PROVISIONS.

       (a) Incorporation, Management, and Status of Acquired 
     Land.--
       (1) In general.--Land acquired by the Secretary under this 
     Act shall become part of the White River National Forest.
       (2) Management.--On acquisition, land acquired by the 
     Secretary under this Act shall be administered in accordance 
     with the laws (including rules and regulations) generally 
     applicable to the National Forest System.
       (3) Land and water conservation fund.--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 White River 
     National Forest shall be deemed to be the boundaries of the 
     White River National Forest as of January 1, 1965.
       (b) Revocation of Orders and Withdrawal.--
       (1) Revocation of orders.--Any public orders withdrawing 
     any of the Federal land from appropriation or disposal under 
     the public land laws are revoked to the extent necessary to 
     permit disposal of the Federal land.
       (2) Withdrawal of federal land.--On the date of enactment 
     of this Act, if not already withdrawn or segregated from 
     entry and appropriation under the public land laws (including 
     the mining and mineral leasing laws) and the Geothermal Steam 
     Act of 1970 (30 U.S.C. 1001 et seq.), the Federal land is 
     withdrawn, subject to valid existing rights, until the date 
     of the conveyance of the Federal land to the County.
       (3) Withdrawal of non-federal land.--On acquisition of the 
     non-Federal land by the Secretary, the non-Federal land is 
     permanently withdrawn from all forms of appropriation and 
     disposition under the public land laws (including the mining 
     and mineral leasing laws) and the Geothermal Steam Act of 
     1970 (30 U.S.C. 1001 et seq.).
       (c) Boundary Adjustments.--The Secretary with jurisdiction 
     over the land and the County may agree to--
       (1) minor adjustments to the boundaries of the Federal land 
     and non-Federal land; and
       (2) modifications or deletions of parcels and mining claim 
     remnants of Federal land or non-Federal land to be exchanged 
     on Smuggler Mountain.
       (d) Map.--If there is a discrepancy between a map, acreage 
     estimate, and legal or other description of the land to be 
     exchanged under this Act, the map shall prevail unless the 
     Secretary with jurisdiction over the land and the County 
     agree otherwise.
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