Pitkin County Land Exchange Act of 2005

109th CONGRESS
1st Session

S. 100

To authorize the exchange of certain land in the State of Colorado.

IN THE SENATE OF THE UNITED STATES

January 24, 2005

Mr. ALLARD (for himself and Mr. SALAZAR) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To authorize the exchange of certain land in the State of Colorado.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

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.

(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.

(6) STATE- The term `State' means the State of Colorado.

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

(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.

(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 an interest in land in the State 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 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-

(A) IN GENERAL- Before the Secretary conveys to the County the parcel described in section 3(3)(A), the Secretary shall require the County, at the expense of the County, to transmit to the Secretary a quitclaim deed to the parcel that permanently relinquishes any claim that, before the date of introduction of this Act, was brought against the United States asserting the right, title, or interest of the claimant in and to the parcel.

(B) RESERVATION OF EASEMENT- In the deed of conveyance of the parcel described in section 3(3)(A) to the County, or at request of the County, to the Aspen Valley Land Trust, the Secretary shall, as determined to be 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.

(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.).

(1) minor adjustments to the boundaries of the 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.

(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.

END