[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.

                                  
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