[Congressional Record Volume 161, Number 133 (Wednesday, September 16, 2015)]
[House]
[Pages H6005-H6006]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CRAGS, COLORADO LAND EXCHANGE ACT OF 2015
Mr. LAMBORN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2223) to authorize, direct, expedite, and facilitate a land
exchange in El Paso and Teller Counties, Colorado, and for other
purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2223
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 ``Crags, Colorado Land
Exchange Act of 2015''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to authorize, direct, expedite and facilitate the land
exchange set forth herein; and
(2) to promote enhanced public outdoor recreational and
natural resource conservation opportunities in the Pike
National Forest near Pikes Peak, Colorado via acquisition of
the non-Federal land and trail easement.
SEC. 3. DEFINITIONS.
In this Act:
(1) BHI.--The term ``BHI'' means Broadmoor Hotel, Inc., a
Colorado corporation.
(2) Federal land.--The term ``Federal land'' means all
right, title, and interest of the United States in and to
approximately 83 acres of land within the Pike National
Forest, El Paso County, Colorado, together with a non-
exclusive perpetual access easement to BHI to and from such
land on Forest Service Road 371, as generally depicted on the
map entitled ``Proposed Crags Land Exchange-Federal Parcel-
Emerald Valley Ranch'', dated March 2015.
(3) Non-federal land.--The term ``non-Federal land'' means
the land and trail easement to be conveyed to the Secretary
by BHI in the exchange and is--
(A) approximately 320 acres of land within the Pike
National Forest, Teller County, Colorado, as generally
depicted on the map entitled ``Proposed Crags Land Exchange-
Non-Federal Parcel-Crags Property'', dated March 2015; and
(B) a permanent trail easement for the Barr Trail in El
Paso County, Colorado, as generally depicted on the map
entitled ``Proposed Crags Land Exchange-Barr Trail Easement
to United States'', dated March 2015, and which shall be
considered as a voluntary donation to the United States by
BHI for all purposes of law.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, unless otherwise specified.
SEC. 4. LAND EXCHANGE.
(a) In General.--If BHI offers to convey to the Secretary
all right, title, and interest of BHI in and to the non-
Federal land, the Secretary shall accept the offer and
simultaneously convey to BHI the Federal land.
(b) Land Title.--Title to the non-Federal land conveyed and
donated to the Secretary under this Act shall be acceptable
to the Secretary and shall conform to the title approval
standards of the Attorney General of the United States
applicable to land acquisitions by the Federal Government.
(c) Perpetual Access Easement to BHI.--The nonexclusive
perpetual access easement to be granted to BHI as shown on
the map referred to in section 3(2) shall allow--
(1) BHI to fully maintain, at BHI's expense, and use Forest
Service Road 371 from its junction with Forest Service Road
368 in accordance with historic use and maintenance patterns
by BHI; and
(2) full and continued public and administrative access and
use of FSR 371 in accordance with the existing Forest Service
travel management plan, or as such plan may be revised by the
Secretary.
(d) Route and Condition of Road.--BHI and the Secretary may
mutually agree to improve, relocate, reconstruct, or
otherwise alter the route and condition of all or portions of
such road as the Secretary, in close consultation with BHI,
may determine advisable.
(e) Exchange Costs.--BHI shall pay for all land survey,
appraisal, and other costs to the Secretary as may be
necessary to process and consummate the exchange directed by
this Act, including reimbursement to the Secretary, if the
Secretary so requests, for staff time spent in such
processing and consummation.
SEC. 5. EQUAL VALUE EXCHANGE AND APPRAISALS.
(a) Appraisals.--The values of the lands to be exchanged
under this Act shall be determined by the Secretary through
appraisals performed in accordance with--
(1) the Uniform Appraisal Standards for Federal Land
Acquisitions;
(2) the Uniform Standards of Professional Appraisal
Practice;
(3) appraisal instructions issued by the Secretary; and
(4) shall be performed by an appraiser mutually agreed to
by the Secretary and BHI.
(b) Equal Value Exchange.--The values of the Federal and
non-Federal land parcels exchanged shall be equal, or if they
are not equal, shall be equalized as follows:
(1) Surplus of federal land value.--If the final appraised
value of the Federal land exceeds the final appraised value
of the non-Federal land parcel identified in section 3(3)(A),
BHI shall make a cash equalization payment to the United
States as necessary to achieve equal value, including, if
necessary, an amount in excess of that authorized pursuant to
section 206(b) of the Federal Land Policy and Management Act
of l976 (43 U.S.C. 1716(b)).
(2) Use of funds.--Any cash equalization moneys received by
the Secretary under paragraph (1) shall be--
(A) deposited in the fund established under Public Law 90-
171 (commonly known as the ``Sisk Act''; 16 U.S.C. 484a); and
(B) made available to the Secretary for the acquisition of
land or interests in land in Region 2 of the Forest Service.
(3) Surplus of non-federal land value.--If the final
appraised value of the non-Federal land parcel identified in
section 3(3)(A) exceeds the final appraised value of the
Federal land, the United States shall not make a cash
equalization payment to BHI, and surplus value of the non-
Federal land shall be considered a donation by BHI to the
United States for all purposes of law.
(c) Appraisal Exclusions.--
(1) Special use permit.--The appraised value of the Federal
land parcel shall not reflect any increase or diminution in
value due to the special use permit existing on the date of
the enactment of this Act to BHI on the parcel and
improvements thereunder.
(2) Barr trail easement.--The Barr Trail easement donation
identified in section 3(3)(B) shall not be appraised for
purposes of this Act.
SEC. 6. MISCELLANEOUS PROVISIONS.
(a) Withdrawal Provisions.--
(1) Withdrawal.--Lands acquired by the Secretary under this
Act shall, without further action by the Secretary, be
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 1930
(30 U.S.C. 1001 et seq.).
(2) Withdrawal revocation.--Any public land order that
withdraws the Federal land from appropriation or disposal
under a public land law shall be revoked to the extent
necessary to permit disposal of the Federal land parcel to
BHI.
(3) Withdrawal of federal land.--All Federal land
authorized to be exchanged under this Act, if not already
withdrawn or segregated from appropriation or disposal under
the public lands laws upon enactment of this Act, is hereby
so withdrawn, subject to valid existing rights, until the
date of conveyance of the Federal land to BHI.
(b) Postexchange Land Management.--Land acquired by the
Secretary under this Act shall become part of the Pike-San
Isabel National Forest and be managed in accordance with the
laws, rules, and regulations applicable to the National
Forest System.
[[Page H6006]]
(c) Exchange Timetable.--It is the intent of Congress that
the land exchange directed by this Act be consummated no
later than one year after the date of the enactment of this
Act.
(d) Maps, Estimates, and Descriptions.--
(1) Minor errors.--The Secretary and BHI may by mutual
agreement make minor boundary adjustments to the Federal and
non-Federal lands involved in the exchange, and may correct
any minor errors in any map, acreage estimate, or description
of any land to be exchanged.
(2) Conflict.--If there is a conflict between a map, an
acreage estimate, or a description of land under this Act,
the map shall control unless the Secretary and BHI mutually
agree otherwise.
(3) Availability.--Upon enactment of this Act, the
Secretary shall file and make available for public inspection
in the headquarters of the Pike-San Isabel National Forest a
copy of all maps referred to in this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Colorado (Mr. Lamborn) and the gentleman from Arizona (Mr. Grijalva)
each will control 20 minutes.
The Chair recognizes the gentleman from Colorado.
General Leave
Mr. LAMBORN. 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 Colorado?
There was no objection.
Mr. LAMBORN. Mr. Speaker, I yield myself such time as I may consume.
I rise in strong support of H.R. 2223, the Crags, Colorado Land
Exchange Act of 2015, which I introduced, along with Mr. Polis, to
facilitate a land exchange in El Paso and Teller Counties in Colorado.
Specifically, this legislation would convey to the United States the
320-acre Crags property located on the west side of Pikes Peak that is
currently owned by the Broadmoor Hotel and that is a perpetual public
access easement for the lower portion of the popular Barr Trail.
In exchange, an 83-acre Federal parcel located at Emerald Valley
Ranch on the southeast side of Pikes Peak and that is a perpetual
access easement along two Forest Service roads would be transferred to
the Broadmoor.
This exchange would eliminate the management and liability issues
currently facing the United States because of the significant upgrades
and improvements that Broadmoor has made to the Emerald Valley Ranch
parcel.
Mr. Speaker, this land exchange will also provide increased outdoor
recreational opportunities for the public. The 320-acre Crags property
is completely surrounded by the Pike National Forest and has been the
top acquisition priority for the Pikes Peak Ranger District for several
years.
The property provides several opportunities to connect forest system
trails emanating from The Crags Campground with trails in the Putney
Gulch area. In addition, existing trails within the property could
become key links in the proposed Ring the Peak Trail.
I would like to thank Chairman Bishop and Chairman McClintock and the
entire staff of the Subcommittee on Federal Lands for all of their hard
work in bringing this bill to the floor tonight to help increase the
economic and recreational opportunities around Colorado Springs. I
encourage my colleagues to support this legislation.
I reserve the balance of my time.
Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume.
Rather than repeat what the chairman of the subcommittee just
indicated on H.R. 2223, let me just say that the exchange eliminates a
large private inholding in the National Forest and removes the need for
the Federal land management of the Emerald Valley Ranch. The Forest
Service testified in support of the legislation.
I want to thank my colleagues, Congressman Polis and Congressman
Lamborn, for their hard and constructive work on this legislation. This
is a good, bipartisan piece of legislation, and I congratulate its two
sponsors. I urge its passage.
Mr. Speaker, I yield back the balance of my time.
Mr. LAMBORN. Mr. Speaker, in conclusion, I appreciate the ranking
member, Representative Grijalva, for his work on the committee.
We have many spirited discussions. Sometimes we don't agree, but
sometimes we do. This is one of those great occasions when, on a
bipartisan basis, we do agree.
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 Colorado (Mr. Lamborn) that the House suspend the rules
and pass the bill, H.R. 2223.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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