[Congressional Record Volume 151, Number 155 (Tuesday, December 6, 2005)]
[House]
[Pages H11047-H11049]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PITKIN COUNTY LAND EXCHANGE ACT OF 2005
Mr. RADANOVICH. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1129) to authorize the exchange of certain land in the State
of Colorado, as amended.
[[Page H11048]]
The Clerk read as follows:
H.R. 1129
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 2005''.
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 of Colorado.
(3) Federal land.--The term ``Federal land'' means the land
directed for exchange between the United States Forest
Service, the Bureau of Land Management, and Pitkin County
under this Act that is comprised of the following parcels:
(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.
(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
the land directed for exchange between Pitkin County and the
United States Forest Service under this Act that is comprised
of the following parcels:
(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.
(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.
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 directed 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
(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 interests in
lands in Colorado 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, at the discretion of the Secretary of the
Interior, 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.--In the
deed of conveyance of the parcel described in section 3(3)(A)
to the County, or at the request of the County, to the Aspen
Valley Land Trust, the Secretary shall, as determined
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 parcels; 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Radanovich) and the gentleman from Colorado (Mr. Udall)
each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. RADANOVICH. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and to
include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
[[Page H11049]]
There was no objection.
Mr. RADANOVICH. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 1129, introduced by the gentleman from Colorado
(Mr. Udall), would authorize a small land exchange in Pitkin County,
Colorado, between the Bureau of Land Management, the U.S. Forest
Service, and Pitkin County. The bill would transfer 35 acres, once a
part of the Ryan Ranch, in White River National Forest, to the Forest
Service. This property is nearly surrounded by public land and valued
by the communities as open space. In exchange, the county would acquire
5.5 acres known as the Wildwood parcel from the Forest Service and a
total of 45.92 acres from the Bureau of Land Management consisting of
mining claims and land along the Crystal River. The BLM parcels abut
county land, and the Crystal River land will be subject to permanent
conservation easement for public access.
The exchange is strongly supported by local officials and would help
consolidate public and private ownership of Pitkin County.
Mr. Speaker, I reserve the balance of my time.
Mr. UDALL of Colorado. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I obviously rise in support of this bill which I
introduced, and which is cosponsored by my colleague from Colorado (Mr.
Salazar). I want to thank Chairman Pombo and Ranking Member Rahall, as
well as Subcommittee Chairman Walden and Ranking Member Tom Udall for
making it possible for this bill to be on the floor today.
The bill provides for completion of the land exchange that involves
Pitkin County, Colorado, on the one hand and two Federal agencies, the
Forest Service and the BLM, on the other.
Under the exchange, the County will transfer two parcels to the
Forest Service, a 5-acre tract known as the Ryan property, near the
ghost town of Ashcroft; and in addition, about 18.2 acres on Smuggler
Mountain near Aspen, Colorado. These acquisitions will complete the
Ashcroft Preservation Project, which was initiated by the Forest
Service in 1980 to consolidate its National Forest land ownership in
and around the historic ghost town of Ashcroft.
They will also help the Forest Service better manage its lands on
Smuggler Mountain, a heavily used recreational area directly above the
City of Aspen.
In return, the Federal Government will transfer to the County; first,
a 5.5 acre tract south of Aspen known as the Wildwood parcel, which the
county in turn will transfer to private ownership after reserving a
permanent public easement for a trail.
Second, nearly 6 acres, spread over 12 scattered locations on
Smuggler Mountain that abut or are near lands owned by the county.
And, finally, a 40-acre tract of BLM land along the Crystal River,
which will be subject to a permanent conservation easement limiting
future use to recreational, fish and wildlife, and open-space purposes.
The bill, Mr. Speaker, requires standard appraisals of all properties
involved. It provides that if the lands going to the county are worth
less than what the county is giving to the Federal Government, the
county will waive additional payment. On the other hand, if the lands
provided by the county are worth less than those the county is to
receive, the county will either pay cash to equalize or convey an
additional tract of about 160 acres in the Sellers' Meadow area near
Hagerman Pass to make up the difference.
A similar measure, Senate bill 100, has been introduced by Colorado's
Senators. I think the bill is fair and balanced, and I am not aware of
any controversy connected with it. I urge its passage.
Finally, Mr. Speaker, it is clear that the leadership and energy of
my colleague from the west slope of Colorado (Mr. Salazar), who
represents this beautiful part of our State, are a key part of why this
bill is in front us today, and I want to commend him for his
involvement and ask the other body to take this up with dispatch.
Mr. SALAZAR. Mr. Speaker, H.R. 1129, the ``Pitkin County Land
Exchange Act'', is a good bill that will bring an end to a longstanding
land exchange issue.
The proposed exchange will transfer to Pitkin County a key scenic
parcel along the Crystal River.
This key parcel is one of the scenic gems of the Roaring Fork Valley
and deserves to be protected in its natural state.
Pitkin County, Colorado is an area of intense development and this
exchange will help ensure their popular open space preservation efforts
can continue.
Not only does this bill have the support of the Pitkin County
Commissioners, but also many other community groups.
This land exchange is also in the best interest of the public to help
ensure some of the most beautiful pristine areas stay undeveloped.
This is a good bill and I ask my colleagues to support this
legislation.
Mr. Speaker, I yield back the balance of my time.
Mr. RADANOVICH. Mr. 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 California (Mr. Radanovich) that the House suspend the
rules and pass the bill, H.R. 1129, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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