[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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