[Senate Report 109-245]
[From the U.S. Government Publishing Office]
Calendar No. 407
109th Congress Report
SENATE
2d Session 109-245
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PITKIN COUNTY LAND EXCHANGE ACT OF 2006
_______
April 20, 2006.--Ordered to be printed
Filed, under authority of the order of the Senate of April 7, 2006
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 1129]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 1129) to authorize the exchange of
certain land in the State of Colorado, having considered the
same, reports favorably thereon with an amendment and
recommends that the Act, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
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.
PURPOSE OF THE MEASURE
The purpose of H.R. 1129 is to authorize the exchange of
certain land in the State of Colorado.
BACKGROUND AND NEED
H.R. 1129 authorizes a small land exchange in Pitkin
County, Colorado, among the Bureau of Land Management (BLM),
the Forest Service, and the county.
The exchange proposed in H.R. 1129 is rooted in the Forest
Service's acquisition of all but 35 acres of the Ryan family
lands in Pitkin County, Colorado, in 1984. The remaining 35
acre Ryan parcel is one of the most scenic parcels of private
land in Pitkin County, and the Forest Service has long desired
to acquire it in order to protect the scenic value of the
original Ryan tract. After failing to secure Land and
Conservation Funds to purchase the parcel, the Forest Service
pursued an administrative exchange.
The agency had great difficulty bringing the land exchange
through the administrative process. At least twice since 1992,
when the Forest Service began to pursue an exchange, either the
Forest Service or the BLM has reversed its position, each time
leaving it to Pitkin County to purchase the private lands in
order to facilitate the exchange. In 2000, Pitkin County and
local preservation groups purchased the property because the
administrative exchange was taking too long to complete.
The Forest Supervisor of the White River National Forest
gave written assurances of making the exchange a high priority
in 2000, yet the Forest Service has not finalized an
administrative exchange. In the spring of 2004, the Forest
Service, BLM and Pitkin County developed an exchange proposal
for the third time that was agreeable to all three parties.
Frustrated by the nearly two decade process, Pitkin County
worked with the Colorado delegation to introduce legislation to
finalize the exchange.
LEGISLATIVE HISTORY
Representative Mark Udall introduced H.R. 1129 on March 3,
2005. The Subcommittee on Forests and Forest Health of the
Committee on Resources held a hearing on H.R. 1129 on July 14,
2005, and favorably reported the bill, with amendment, by
unanimous consent on October 25, 2005 (H. Rept. 109-252). The
House of Representatives passed H.R. 1129 on motion to suspend
the rules and passed the bill, as amended, by voice vote on
December 6, 2005.
Senator Allard introduced a companion bill (S. 100) on
January 24, 2005, for himself and Senator Salazar. Similar
bills (S. 2904 and H.R. 5142) were introduced late in the 108th
Congress, but did not receive consideration prior to the end of
the 108th Congress.
The Subcommittee on Public Lands and Forests held a hearing
on May 11, 2005 (S. Hrg. 109-104). At the business meeting on
March 8, 2006, the Committee on Energy and Natural Resources
ordered H.R. 1129 favorably reported with an amendment in the
nature of a substitute.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on March 8, 2006, by a voice vote of a
quorum present, recommends that the Senate pass H.R. 1129, if
amended as described herein.
COMMITTEE AMENDMENT
The Committee adopted an amendment in the nature of a
substitute. As a condition of the conveyance of the Crystal
River parcel, the substitute requires, the county provide
public access to the parcel and use it only for recreation,
fish and wildlife, and public open space purposes. The
substitute also adds a purpose statement, renumbers the
subsequent sections and makes a number of technical
corrections, including to the appraisal instructions and the
instruction.
SECTION-BY-SECTION ANALYSIS
Sections 1 and 2--provide the short title and purpose for
the legislation.
Section 3--provides definitions, including descriptions of
the properties to be exchanged as follows:
(1) Pitkin County would transfer two parcels to the
Forest Service: (A) a 35-acre tract (known as the ``Ryan
property'') near the ghost town of Ashcroft; and (B) 18.2 acres
(patented mining claims) on Smuggler Mountain near Aspen,
Colorado;
(2) The Federal Government would transfer to the county
three parcels: (A) a 5.5-acre tract south of Aspen known as the
``Wildwood'' parcel; (B) 5.92 acres in 12 scattered locations
on Smuggler Mountain that abut or are near lands now owned by
the county; and (C) 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.
Section 4--directs the exchange between the county and the
Federal Government provides that it is Congress' intent that
the exchange be completed within one year of passage of the
legislation.
Section 5--provides the terms and conditions of the
exchange, including the use of the Uniform Appraisal Standards
and the Forest Service appraisal instructions. It also contains
equalization provisions.
Section 5(d)(1) provides conditions for the conveyance of
the Crystal River Parcel, including a conservation easement
that limits use to recreational, fish and wildlife conservation
and open space purposes and includes a reversionary clause if
the parcel is used for other purposes.
Section 5(d)(2) provides that the Secretary shall reserve
an easement for the construction and use of the East of Aspen
Trail in the deed of conveyance for the Wildwood Parcel.
Section 6--provides for the incorporation, management, and
status of the acquired lands.
Section 6(c) authorizes the Secretaries of the Interior and
Agriculture to agree to minor boundary adjustments to the
parcels of Federal land and non-Federal land; and modifications
or deletions of parcels and mining claim remnants of Federal
land or non-Federal land, to be exchanged on Smuggler Mountain.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by 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.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out H.R. 1129.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of H.R. 1129.
EXECUTIVE COMMUNICATIONS
The Administration has not testified on H.R. 1129, but it
did testify on S. 100, a companion bill, at a Public Lands and
Forests Subcommittee hearing held on May 11, 2005, as follows:
Statement of Joel Holtrop, U.S. Forest Service, Deputy Chief for
National Forest System, Department of Agriculture
Mr. Chairman and members of the subcommittee, thank you for
the opportunity to appear before you today in order to provide
the Department's views on S. 100--Pitkin County Land Exchange
Act of 2005.
S. 100 would direct the Secretary of Agriculture to
exchange thirteen parcels of National Forest System lands
(totaling 11.42 acres) and the Secretary of the Interior to
exchange one 40-acre parcel of Bureau of Land Management (BLM)
land for two parcels of non-federal land (35 acres and 18.2
acres) if Pitkin County, Colorado offers to convey title to the
non-federal land that is acceptable to the Secretary of
Agriculture. The lands acquired by the Secretaries would then
become part of the White River National Forest in Colorado. The
federal lands would be conveyed to Pitkin County, Colorado.
The Department would have no objection to the enactment of
S. 100 if the reversionary clause in section 5(d)(1)(B) is
modified. DOI would like the opportunity to work with the
Committee and the sponsors of the bill on amendments to ensure
that the reversionary clause is discretionary for the Secretary
of the Interior to avoid potential liability to the Federal
government. Also, the Department would like the opportunity to
finalize the map cited in the legislation to ensure the
accuracy of the federal parcels to be transferred.
The acquisition of the non-federal parcels would
consolidate National Forest land ownership in and around the
historic Ashcroft Townsite and on Smuggler Mountain. The non-
federal parcels and surrounding lands are a popular sightseeing
and recreation destination used for nordic skiing and contain
historic structures associated with the U.S. Army's 10th
Mountain Division during World War II.
Section 5 (a)-(c) of the bill would require that the value
of the federal and non-federal lands directed to be exchanged
under S. 100 be equal, with values being determined by
appraisal conducted in accordance with the Uniform Appraisal
Standards for Federal Land Acquisitions, the Uniform Standards
of Professional Appraisal Practices and the Forest Service
appraisal instructions. The bill includes provisions on
equalizing values, if necessary.
Section 5(d)(1)(A) of the bill requires Pitkin County to
grant to an entity acceptable to the Secretary of the Interior
a permanent conservation easement. The conservation easement
would provide for public access on the BLM parcel conveyed to
the County and would limit future use to recreational, fish and
wildlife and open space purposes only. However, under section
5(b)(2) of the bill, the appraiser would be directed not to
consider the easement in appraising this parcel.
This concludes my statement, I would be happy to answer any
questions that you may have.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the Act H.R. 1129 as
ordered reported.