[House Report 109-252]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 109-252
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PITKIN COUNTY LAND EXCHANGE ACT OF 2005
_______
October 25, 2005.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 1129]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 1129) to authorize the exchange of certain land in the
State of Colorado, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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.
PURPOSE OF THE BILL
The purpose of H.R. 1129 is to authorize the exchange of
certain land in the State of Colorado.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 1129 authorizes a small land exchange in Pitkin
County, Colorado, between the Bureau of Land Management (BLM),
the U.S. Forest Service and the County. The exchange requires
standard appraisals and equal value for the exchange. Following
the completion of the appraisals, if the U.S. owes value to the
County, the County will waive payment. If the County owes value
to the U.S., the County will either convey a 160 acre parcel
(identified in the legislation) to the Forest Service or will
make a cash equalization payment. Such payment would be
deposited in the fund under ``Sisk Act'' and used to acquire
land for national forests in Colorado.
In the exchange the U.S. acquires 35 acres of the Ryan
Property (known as the Ryan Ranch) in the White River National
Forest near the town of Ashcroft from Pitkin County. The
acquisition of this land 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 Ashcroft Townsite. The U.S. will also
acquire 18 acres of Grand Turk and Pontiac patented mining
claims on Smuggler Mountain directly above Aspen, Colorado.
Smuggler Mountain is a heavily used recreational area where the
Forest Service is trying to consolidate its ownership.
From the Forest Service, Pitkin County would then acquire
the ``Wildwood'' parcel (5.5 acres) south of Aspen, which will
be re-conveyed by the County into private ownership. The
conveyance will be subject to a permanent public easement for
the East of Aspen Trail. From the BLM, Pitkin County would
acquire 12 parcels, totaling 5.92 acres, in scattered mining
claims on Smuggler Mountain. The parcels abut, or are adjacent
to County land. Finally, the County would receive 40 acres of
BLM land along the Crystal River near Carbondale, Colorado, for
which the County must grant a permanent conservation easement
on the parcel for continued public access.
COMMITTEE ACTION
H.R. 1129 was introduced on March 3, 2005, by Congressman
Mark Udall (D-CO). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
Forests and Forest Health. On July 14, 2005, the Subcommittee
held a hearing on the bill. On September 22, 2005, the Full
Resources Committee met to consider the bill. The Subcommittee
was discharged from further consideration of the bill by
unanimous consent. Congressman Mark Udall offered an amendment
making technical changes requested by BLM. It was adopted by
unanimous consent and the bill as amended was then ordered
favorably reported to the House of Representatives by unanimous
consent.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 1129--Pitkin County Land Exchange Act of 2005
H.R. 1129 would authorize the Secretary of Agriculture and
the Secretary of the Interior to convey a total of about 51
acres of federal land to Pitkin County, Colorado, in exchange
for roughly 53 acres of land owned by that county. If the
values of land to be exchanged are not approximately equal,
those parties could exchange cash payments or additional land
to make up any difference. H.R. 1129 specifies conditions for
the county's use of the land it would receive through the
proposed exchange. The land conveyed to the federal government
under the bill would be added to the White River National
Forest.
Based on information from the Forest Service and the Bureau
of Land Management, CBO estimates that implementing H.R. 1129
would not significantly affect the federal budget. According to
those agencies, the federal land to be conveyed currently
generates no significant receipts and is not expected to do so
over the next 10 years; therefore, we estimate that the
proposed exchange would not reduce federal receipts. We further
estimate that H.R. 1129 would not increase federal
administrative or land-management costs by more than $500,000
per year. Any spending for such costs would be subject to
appropriation. Enacting H.R. 1129 would not affect revenues.
H.R. 1129 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
This exchange would be voluntary on the part of Pitkin County
as would any associated expenses.
The CBO staff contact for this estimate is Megan Carroll.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.