[109th Congress Public Law 377]
[From the U.S. Government Printing Office]
[DOCID: f:publ377.109]
[[Page 2659]]
PITKIN COUNTY LAND EXCHANGE
ACT OF 2006
[[Page 120 STAT. 2660]]
Public Law 109-377
109th Congress
An Act
To authorize the exchange of certain land in the State of
Colorado. <<NOTE: Dec. 1, 2006 - [H.R. 1129]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Pitkin County
Land Exchange Act of 2006. Conservation.>>
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--
[[Page 120 STAT. 2661]]
(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 <<NOTE: Deadline.>> 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,
[[Page 120 STAT. 2662]]
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.
[[Page 120 STAT. 2663]]
(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 <<NOTE: Minerals and mining.>> 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.
Approved December 1, 2006.
LEGISLATIVE HISTORY--H.R. 1129:
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HOUSE REPORTS: No. 109-252 (Comm. on Resources).
SENATE REPORTS: No. 109-245 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 151 (2005):
Dec. 6, considered and passed House.
Vol. 152 (2006):
Sept. 29, considered and passed
Senate, amended.
Nov. 13, House concurred in Senate
amendment.
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