[Congressional Record Volume 152, Number 125 (Friday, September 29, 2006)]
[Senate]
[Pages S10536-S10537]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                PITKIN COUNTY LAND EXCHANGE ACT OF 2005

  The Senate proceeded to consider the bill (H.R. 1129), to authorize 
the exchange of certain land in the State of Colorado, which had been 
reported from the Committee on Energy and Natural Resources, with an 
amendment to strike all after the enacting clause and insert in lieu 
thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Pitkin County Land Exchange 
     Act of 2006''.

     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--
       (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 maps 1 and 2 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

[[Page S10537]]

     County, as generally depicted on the map entitled ``Ryan Land 
     Exchange-Smuggler Mountain-Grand Turk & Pontiac Claims 
     Conveyance to Forest Service'' and dated August 2004.
       (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, 
     except as provided in section 5(d), subject to all valid 
     existing rights and encumbrances.
       (b) Timing.--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.

     SEC. 5. EXCHANGE TERMS AND CONDITIONS.

       (a) Equal Value Exchange.--The value of the Federal land 
     and non-Federal land--
       (1) shall be equal; or
       (2) shall be made equal in accordance with subsection (c).
       (b) Appraisals.--The value of the Federal land and non-
     Federal land shall be determined by the Secretary through 
     appraisals conducted in accordance with--
       (1) the Uniform Appraisal Standards for Federal Land 
     Acquisitions;
       (2) the Uniform Standards of Professional Appraisal 
     Practice; and
       (3) Forest Service appraisal instructions.
       (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, as the Secretary and the County determine to be 
     appropriate, 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).
       (B) Disposition and use of proceeds.--
       (i) Disposition of proceeds.--Any cash equalization payment 
     received by the Secretary under clause (i) or (iii) of 
     subparagraph (A) 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 
     land 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.--As a condition of the conveyance of the 
     parcel of Federal land described in section 3(3)(C) to the 
     County, the County shall agree to--
       (i) provide for public access to the parcel; and
       (ii) require that the parcel shall be used only for 
     recreational, fish and wildlife conservation, and public open 
     space purposes.
       (B) Reversion.--At the option of the Secretary of the 
     Interior, the parcel of land described in section 3(3)(C) 
     shall revert to the United States if the parcel is used for a 
     purpose other than a purpose described in subparagraph 
     (A)(ii).
       (2) Conditions on conveyance of wildwood parcel.--In the 
     deed of conveyance for the parcel of Federal land described 
     in section 3(3)(A) to the County, the Secretary shall, as 
     determined to be appropriate by the Secretary, in 
     consultation with the County, reserve to the United States a 
     permanent easement 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 
     disposal 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, the Secretary of 
     the Interior, and the County may agree to--
       (1) minor adjustments to the boundaries of the parcels of 
     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.

  The committee amendment in the nature of a substitute was agreed to.
  The amendment was ordered to be engrossed and the bill to be read a 
third time.
  The bill H.R. 1129, as amended was read the third time, and passed.

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