[Congressional Record Volume 164, Number 107 (Tuesday, June 26, 2018)]
[Senate]
[Pages S4416-S4418]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3092. Mr. BENNET (for himself and Mr. Gardner) submitted an
amendment intended to be proposed by him to the bill H.R. 2, to provide
for the reform and continuation of agricultural and other programs of
the Department of Agriculture through fiscal year 2023, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of part II of subtitle F of title VIII, add the
following:
SEC. 8635. PIKE NATIONAL FOREST LAND EXCHANGE.
(a) Purposes.--The purposes of this section 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.
(b) Definitions.--In this section:
(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
nonexclusive 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.
(c) Land Exchange.--
(1) 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.
(2) Land title.--Title to the non-Federal land conveyed and
donated to the Secretary under this section 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.
(3) Perpetual access easement to bhi.--The nonexclusive
perpetual access easement to be granted to BHI as shown on
the map referred to in subsection (b)(2) shall allow--
(A) 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
(B) 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.
(4) 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.
(5) 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
[[Page S4417]]
this section, including reimbursement to the Secretary, if
the Secretary so requests, for staff time spent in such
processing and consummation.
(d) Equal Value Exchange and Appraisals.--
(1) Appraisals.--The values of the lands to be exchanged
under this section shall be determined by the Secretary
through appraisals performed in accordance with--
(A) the Uniform Appraisal Standards for Federal Land
Acquisitions;
(B) the Uniform Standards of Professional Appraisal
Practice;
(C) appraisal instructions issued by the Secretary; and
(D) shall be performed by an appraiser mutually agreed to
by the Secretary and BHI.
(2) 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:
(A) 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 subsection
(b)(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)).
(B) Use of funds.--Any cash equalization moneys received by
the Secretary under subparagraph (A) shall be--
(i) deposited in the fund established under Public Law 90-
171 (commonly known as the ``Sisk Act''; 16 U.S.C. 484a); and
(ii) made available to the Secretary for the acquisition of
land or interests in land in Region 2 of the Forest Service.
(C) Surplus of non-federal land value.--If the final
appraised value of the non-Federal land parcel identified in
subsection (b)(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.
(3) Appraisal exclusions.--
(A) 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.
(B) Barr trail easement.--The Barr Trail easement donation
identified in subsection (b)(3)(B) shall not be appraised for
purposes of this section.
(e) Miscellaneous Provisions.--
(1) Withdrawal provisions.--
(A) Withdrawal.--Lands acquired by the Secretary under this
section 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.).
(B) 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.
(C) Withdrawal of federal land.--All Federal land
authorized to be exchanged under this section, 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.
(2) Postexchange land management.--Land acquired by the
Secretary under this section 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.
(3) Exchange timetable.--It is the intent of Congress that
the land exchange directed by this section be consummated no
later than one year after the date of the enactment of this
Act.
(4) Maps, estimates, and descriptions.--
(A) 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.
(B) Conflict.--If there is a conflict between a map, an
acreage estimate, or a description of land under this
section, the map shall control unless the Secretary and BHI
mutually agree otherwise.
(C) 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 section.
SEC. 8636. BOLTS DITCH ACCESS.
(a) Access Granted.--The Secretary shall permit by special
use authorization nonmotorized access and use, in accordance
with section 293.6 of title 36, Code of Federal Regulations,
of the Bolts Ditch Headgate and the Bolts Ditch within the
Holy Cross Wilderness, Colorado, as designated by Public Law
96-560, for the purposes of the diversion of water and use,
maintenance, and repair of such ditch and headgate by the
Town of Minturn, Colorado, a Colorado Home Rule Municipality.
(b) Location of Facilities.--The Bolts Ditch headgate and
ditch segment referenced in subsection (a) are as generally
depicted on the map entitled ``Bolts Ditch headgate and Ditch
Segment'', dated November, 2015.
SEC. 8637. LAND CONVEYANCE, ELKHORN RANCH AND WHITE RIVER
NATIONAL FOREST, COLORADO.
(a) Land Conveyance Required.--Consistent with the purpose
of the Act of March 3, 1909 (43 U.S.C. 772), all right,
title, and interest of the United States (subject to
subsection (b)) in and to a parcel of land consisting of
approximately 148 acres as generally depicted on the map
entitled ``Elkhorn Ranch Land Parcel-White River National
Forest'' and dated March 2015 shall be conveyed by patent to
the Gordman-Leverich Partnership, a Colorado Limited
Liability Partnership (in this section referred to as
``GLP'').
(b) Existing Rights.--The conveyance under subsection (a)--
(1) is subject to the valid existing rights of the lessee
of Federal oil and gas lease COC-75070 and any other valid
existing rights; and
(2) shall reserve to the United States the right to collect
rent and royalty payments on the lease referred to in
paragraph (1) for the duration of the lease.
(c) Existing Boundaries.--The conveyance under subsection
(a) does not modify the exterior boundary of the White River
National Forest or the boundaries of Sections 18 and 19 of
Township 7 South, Range 93 West, Sixth Principal Meridian,
Colorado, as such boundaries are in effect on the date of the
enactment of this Act.
(d) Time for Conveyance; Payment of Costs.--The conveyance
directed under subsection (a) shall be completed not later
than 180 days after the date of the enactment of this Act.
The conveyance shall be without consideration, except that
all costs incurred by the Secretary of the Interior relating
to any survey, platting, legal description, or other
activities carried out to prepare and issue the patent shall
be paid by GLP to the Secretary prior to the land conveyance.
SEC. 8638. MAP UPDATE; MAXIMUM ACREAGE AVAILABLE FOR
INCLUSION IN THE FLORISSANT FOSSIL BEDS
NATIONAL MONUMENT.
The first section of Public Law 91-60 (83 Stat. 101) is
amended--
(1) by striking ``entitled `Proposed Florissant Fossil Beds
National Monument', numbered NM-FFB-7100, and dated March
1967, and more particularly described by metes and bounds in
an attachment to that map,'' and inserting ``entitled
`Florissant Fossil Beds National Monument Proposed Boundary
Adjustment', numbered 171/132,544, and dated May 3, 2016,'';
and
(2) by striking ``six thousand acres'' and inserting
``6,300 acres''.
SEC. 8639. ARAPAHO NATIONAL FOREST BOUNDARY ADJUSTMENT.
(a) In General.--The boundary of the Arapaho National
Forest in the State of Colorado is adjusted to incorporate
the approximately 92.95 acres of land generally depicted as
``The Wedge'' on the map entitled ``Arapaho National Forest
Boundary Adjustment'' and dated November 6, 2013, and
described as lots three, four, eight, and nine of section 13,
Township 4 North, Range 76 West, Sixth Principal Meridian,
Colorado. A lot described in this subsection may be included
in the boundary adjustment only after the Secretary obtains
written permission for such action from the lot owner or
owners.
(b) Bowen Gulch Protection Area.--The Secretary shall
include all Federal land within the boundary described in
subsection (a) in the Bowen Gulch Protection Area established
under section 6 of the Colorado Wilderness Act of 1993 (16
U.S.C. 539j).
(c) Land and Water Conservation Fund.--For purposes of
section 200306(a)(2)(B)(i) of title 54, United States Code,
the boundaries of the Arapaho National Forest, as modified
under subsection (a), shall be considered to be the
boundaries of the Arapaho National Forest as in existence on
January 1, 1965.
(d) Public Motorized Use.--Nothing in this section opens
privately owned lands within the boundary described in
subsection (a) to public motorized use.
(e) Access to Non-Federal Lands.--Notwithstanding the
provisions of section 6(f) of the Colorado Wilderness Act of
1993 (16 U.S.C. 539j(f)) regarding motorized travel, the
owners of any non-Federal lands within the boundary described
in subsection (a) who historically have accessed their lands
through lands now or hereafter owned by the United States
within the boundary described in subsection (a) shall have
the continued right of motorized access to their lands across
the existing roadway.
SEC. 8640. DESIGNATION OF FOWLER PEAK AND BOSKOFF PEAK,
COLORADO.
(a) Findings.--Congress finds that--
(1) Charlie Fowler was--
(A) one of the most experienced mountain climbers in North
America, having successfully climbed many of the highest
peaks in the world;
(B) an author, guide, filmmaker, photographer, and
wilderness advocate;
(C) the recipient of the 2004 Robert and Miriam Underhill
Award from the American Alpine Club, an award that--
(i) honors outstanding mountaineering achievement; and
(ii) is awarded annually to climbers who have
``demonstrated the highest level of skill in mountaineering
and who, through the application of this skill, courage, and
perseverance, have achieved outstanding success in the
various fields of mountaineering''; and
(D) a summiter of several 8,000-meter peaks, specifically--
[[Page S4418]]
(i) Everest;
(ii) Cho Oyu; and
(iii) Shishapangma;
(2) Christine Boskoff--
(A) was one of the leading female alpinists in the United
States, having climbed 6 of the 14 mountain peaks in the
world that are higher than 8,000 meters, specifically--
(i) Everest;
(ii) Cho Oyu;
(iii) Gasherbrum II;
(iv) Lhotse;
(v) Shishapangma; and
(vi) Broad Peak;
(B) gave countless hours to nonprofit organizations that
supported--
(i) the rights of porters and Sherpas;
(ii) the education of women; and
(iii) global literacy and gender equality; and
(C) was recognized by the education communities in the
United States and Nepal as a role model for students;
(3) Charlie Fowler and Christine Boskoff were long-time
residents of San Miguel County, Colorado, and champions for
the pristine backcountry of Colorado;
(4) Charlie Fowler and Christine Boskoff died in an
avalanche in November 2006 while attempting to summit Genyen
Peak in Tibet;
(5) 2 unnamed 13,000-foot peaks located west of Wilson Peak
on the boundary of San Miguel and Dolores Counties, Colorado,
offer spectacular recreational climbing and hiking
opportunities; and
(6) the local community in the vicinity of the peaks
described in paragraph (5) and fellow climbers propose to
honor and commemorate Charlie Fowler and Christine Boskoff by
naming the peaks after Charlie Fowler and Christine Boskoff.
(b) Designation of Fowler Peak.--
(1) In general.--The 13,498-foot mountain peak, located at
37.8569 N, by -108.0117W, in the Uncompahgre National
Forest in the State of Colorado, shall be known and
designated as ``Fowler Peak''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
peak described in paragraph (1) shall be deemed to be a
reference to ``Fowler Peak''.
(c) Designation of Boskoff Peak.--
(1) In general.--The 13,123-foot mountain peak, located at
37.85549 N, by -108.03112 W, in the Uncompahgre National
Forest in the State of Colorado, shall be known and
designated as ``Boskoff Peak''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
peak described in paragraph (1) shall be deemed to be a
reference to ``Boskoff Peak''.
SEC. 8641. CONVEYANCE OF WEST FORK FIRE STATION CONVEYANCE
PARCEL, DOLORES COUNTY, COLORADO.
(a) Definitions.--In this section:
(1) County.--The term ``County'' means Dolores County,
Colorado.
(2) West fork fire station conveyance parcel.--The term
``West Fork Fire Station Conveyance Parcel'' means the parcel
of approximately 3.61 acres of National Forest System land in
the County, as depicted on the map entitled ``Map for West
Fork Fire Station Conveyance Parcel'' and dated November 21,
2017.
(b) Conveyance.--On receipt of a request from the County
and subject to such terms and conditions as are mutually
satisfactory to the Secretary and the County, including such
additional terms as the Secretary determines to be necessary,
the Secretary shall convey to the County without
consideration all right, title, and interest of the United
States in and to the West Fork Fire Station Conveyance
Parcel.
(c) Costs.--Any costs relating to the conveyance under
subsection (b), including processing and transaction costs,
shall be paid by the County.
(d) Use of Land.--The land conveyed to the County under
subsection (b) shall be used by the County only for a fire
station, related infrastructure, and roads to facilitate
access to and through the West Fork Fire Station Conveyance
Parcel.
(e) Reversion.--If any portion of the land conveyed under
subsection (b) is used in a manner that is inconsistent with
the use described in subsection (d), the land shall, at the
discretion of the Secretary, revert to the United States.
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