[Congressional Record Volume 152, Number 127 (Monday, November 13, 2006)]
[House]
[Pages H8586-H8587]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PITKIN COUNTY LAND EXCHANGE ACT OF 2006
Mr. RADANOVICH. Mr. Speaker, I move to suspend the rules and concur
in the Senate amendment to the bill (H.R. 1129) to authorize the
exchange of certain land in the State of Colorado.
The Clerk read as follows:
Senate amendment:
Strike out all after the enacting clause and insert:
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 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 SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Radanovich) and the gentlewoman from South Dakota (Ms.
Herseth) each will control 20 minutes.
The Chair recognizes the gentleman from California.
[[Page H8587]]
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
include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. RADANOVICH. Mr. Speaker, I yield myself as much time as I may
consume.
H.R. 1129, introduced by Representative Mark 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. This bill
was passed by the House of Representatives on December 6, 2005, but was
recently amended by the Senate. The amendment simply removed a
provision of the bill encumbering the land known as the Crystal River
parcel with a conservation easement.
The remaining portion of the bill would transfer 35 acres, once part
of the Ryan Ranch in the White River National Forest to the Forest
Service. This property is nearly surrounded by public land and valued
by the community as open space. In exchange, Pitkin 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 exchange is strongly supported by local officials and would help
to consolidate public and private ownership in Pitkin County.
Mr. Speaker, I reserve the balance of my time.
Ms. HERSETH. Mr. Speaker, I yield myself such time as I may consume.
H.R. 1129 authorizes the exchange of certain lands between the Forest
Service, Bureau of Land Management, and Pitkin County in Colorado.
One of the properties the Forest Service will acquire is a 35-acre
parcel referred to as the Ryan property, which is one of the scenic
gems of the Roaring Fork Valley. At the urging of the Forest Service,
in 2000 Pitkin County and the Aspen Valley Land Trust acquired the Ryan
property to protect it from development until a land exchange
transferring it to Forest Service ownership could be arranged. Five
years later, H.R. 1129 accomplishes that goal.
We would like to recognize Representative Mark Udall for his
leadership on H.R. 1129, as well as cosponsor Representative John
Salazar.
Mr. Speaker, we support H.R. 1129.
Mr. UDALL of Colorado. Mr. Speaker, I rise in support of the motion
to concur in the Senate amendment to H.R. 1129, the Pitkin County Land
Exchange Act and to express my thanks to Chairman Pombo and Ranking
Member Rahall for making it possible for the House to consider it
today.
The bill provides for completion of a land exchange that involves
Pitkin County, Colorado, on the one hand and two federal agencies--the
Forest Service and BLM--on the other.
Under the exchange, the county will transfer two parcels to the
Forest Service--a 35-acre tract known as the ``Ryan property'' near the
ghost town of Ashcroft; and addition about 18.2 acres of patented
mining claims on Smuggler Mountain near Aspen, Colorado.
In return, the Federal Government would transfer to the county--
A 5.5 acre tract south of Aspen known as the ``Wildwood'' parcel,
which the county will transfer to private ownership after reserving a
permanent public easement for a trail;
About 5.92 acres in 12 scattered locations on Smuggler Mountain that
abut or are near lands now 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 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, while if the lands provide by the county are worth
less than those the county is to receive, the county will either pay
cash to equalize or will convey an additional tract of about 160 acres,
in the Sellers' Meadow area near Hagerman Pass, to make up the
difference.
The Resources Committee made some technical changes suggested by the
administration and the county and the House passed the bill as so
amended last year.
On September 29th, the Senate by unanimous consent passed an amended
version of the House-passed bill, adding some provisions regarding
public access to and future use of the lands to be acquired by the
county and making a number of other, technical changes.
The Senate's changes are consistent with the original intent of the
legislation and are acceptable to the county. Accordingly, I urge the
House to concur in the Senate amendment and so to send the bill to the
President for signing into law.
Ms. HERSETH. Mr. Speaker, I yield back the balance of my time.
Mr. RADANOVICH. Mr. Speaker, 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 concur in the Senate amendment to the bill, H.R. 1129.
The question was taken; and (two-thirds of those voting having
responded in the affirmative) the rules were suspended and the Senate
amendment was concurred in.
A motion to reconsider was laid on the table.
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