Pitkin County Land Exchange Act of 2004 - Directs the Secretary of Agriculture (the Secretary) and the Secretary of the Interior, upon receipt of title to certain lands located in Pitkin County, Colorado, and certain lands located on Smuggler Mountain in the County, to convey to the County or to the Aspen Valley Land Trust, if the County so requests, all right, title, and interest of the United States in and to certain National Forest and Bureau of Land Management lands located in the County.
Prohibits the conveyance of a specified parcel to the County unless and until the County grants to the Aspen Valley Land Trust, the Roaring Fork Conservancy, or both, or to another entity mutually agreeable to the County and the Secretary of the Interior, a permanent conservation easement which provides public access to the parcel and limits future use of the parcel to recreational, fish, and wildlife conservation, and open space purposes.
States that, prior to the conveyance to the County of a specified parcel, the County shall deliver to the Secretary a quitclaim deed to the parcel from any party who, prior to the introduction of this Act, had asserted a claim of any right, title, or interest in such parcel, and shall permanently relinquish any such claim against the United States in or to the parcel.
States that lands acquired by the Secretary pursuant to this Act shall become part of White River National Forest.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5142 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 5142
To authorize and direct the exchange of certain lands in the State of
Colorado, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 23, 2004
Mr. McInnis introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To authorize and direct the exchange of certain lands in the State of
Colorado, and for other purposes.
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
2004''.
SEC. 2. PURPOSE.
The purpose of this Act is to authorize, direct, expedite and
facilitate the exchange and consolidation of lands between Pitkin
County, Colorado, the Aspen Valley Land Trust and the United States in
accordance with the terms and conditions set forth herein.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) The term ``Federal land'' means the land to be
transferred to Pitkin County, Colorado, by the United States
pursuant to this Act.
(2) The term ``non-Federal land'' means the land to be
transferred to the United States by Pitkin County, Colorado,
pursuant to this Act.
(3) The term ``Pitkin County'' means the county of Pitkin,
Colorado.
(4) The term ``Secretary'' means the Secretary of
Agriculture, unless otherwise specified.
(5) The term ``Aspen Valley Land Trust'' means the non-
profit Aspen Valley Land Trust, a charitable organization as
described in section 501(c)(3) of the Internal Revenue Code of
1986 (26 U.S.C. 501), or its successors, heirs, or assigns.
SEC. 4. LAND EXCHANGE.
(a) In General.--Upon receipt of title to the non-Federal lands
described in subsection (b), the Secretary and the Secretary of the
Interior shall simultaneously convey to Pitkin County, or to the Aspen
Valley Land Trust, if Pitkin County so requests, all right, title, and
interest of the United States in and to the Federal lands described in
subsection (b), subject to valid existing rights or encumbrances and
the requirements of subsections 5(a) and (b).
(b) Conveyance of Non-Federal Lands to the United States.--The non-
Federal lands to be conveyed to the United States pursuant to this Act
are the following:
(1) Certain lands located in Pitkin County, Colorado,
comprising approximately 35 acres, as generally depicted on a
map entitled ``Ryan Land Exchange--Ryan Property Conveyance to
Forest Service'', dated August 2004.
(2) Certain lands located on Smuggler Mountain in Pitkin
County, Colorado, comprising approximately 18.2 acres, as
generally depicted on a map entitled ``Ryan Land Exchange--
Smuggler Mountain--Grand Turk and Pontiac Claims Conveyance to
Forest Service'', dated ________.
(c) Federal Land Conveyance to Pitkin County.--The Federal lands to
be conveyed to Pitkin County, or to the Aspen Valley Land Trust, if
Pitkin County so requests, pursuant to this Act are the following:
(1) Certain National Forest lands located in Pitkin County,
Colorado, comprising approximately 5.5 acres, as generally
depicted on a map entitled ``Ryan Land Exchange--Wildwood
Parcel Conveyance to Pitkin County'', dated August 2004.
(2) Certain National Forest lands located in Pitkin County,
comprising 12 separate parcels totaling approximately 5.92
acres, as generally depicted on a map entitled ``Ryan Land
Exchange--Smuggler Mountain Patent Remnants--Conveyance to
Pitkin County'', dated August 2004.
(3) Certain lands under the jurisdiction of the Bureau of
Land Management located in Pitkin County, Colorado, and
comprising approximately 40 acres, as generally depicted on a
map entitled ``Ryan Land Exchange--Crystal River Parcel
Conveyance to Pitkin County''.
SEC. 5. EXCHANGE TERMS AND CONDITIONS.
(a) Crystal River Parcel Conveyance.--The parcel identified in
subsection 4(c)(3) shall not be conveyed to Pitkin County unless and
until the County grants to the Aspen Valley Land Trust, the Roaring
Fork Conservancy, or both, or to another entity mutually agreeable to
the County and the Secretary of the Interior, a permanent conservation
easement, the terms of which are acceptable to the Secretary of the
Interior and which provides public access to the parcel and limits
future use of the parcel to recreational, fish, and wildlife
conservation, and open space purposes. The requirement for such
easement shall not affect the value of the parcel for purposes the
appraisals to be prepared pursuant to subsection (c). In the deed of
conveyance to the County, the Secretary of the Interior shall provide
that in the event the parcel is ever used for other than such purposes,
or Pitkin County or the entity or entities holding the conservation
easement no longer wish to administer the parcel, title to the parcel
shall back revert to the United States at no cost to the United States
if the Secretary of the Interior determines that such a reversion is in
the best interests of the United States.
(b) Wildwood Parcel Conveyance and Reservation.--Prior to the
conveyance to Pitkin County of the parcel identified in subsection
4(c)(1), Pitkin County, at its expense, shall deliver to the Secretary
a quitclaim deed to the parcel from any party who, prior to
introduction of this Act, had asserted a claim of any right, title, or
interest in such parcel, and shall permanently relinquish any such
claim against the United States in or to the parcel. In the deed of
conveyance of such parcel to Pitkin County (or to the Aspen Valley Land
Trust if Pitkin County so requests) the Secretary shall reserve to the
United States a permanent easement, as determined appropriate by the
Secretary in consultation with Pitkin County, for location,
construction, and public use of the East of Aspen Trail.
(c) Exchange Valuation.--The values of the Federal and non-Federal
lands directed for exchange by this Act shall be equal as determined by
the Secretary through appraisals performed in accordance with the
Uniform Appraisal Standards for Federal Land Acquisitions, the Uniform
Standards of Professional Appraisal Practice, and Forest Service
appraisal instructions. If the values as determined by the appraisals
are not equal, equalization shall be achieved as follows:
(1) If value is owed by the United States, the County shall
donate the excess value to the United States, and such donation
will be considered as a donation for all purposes of law.
(2) If value is owed by Pitkin County, the County shall
equalize value by either--
(A) making a cash equalization payment to the
Secretary, the proceeds of which shall be deposited in
the fund established by Public Law 90-171 (commonly
known as the ``Sisk Act'') and be available to the
Secretary, without further appropriation, for the
acquisition of land or interests in land for addition
to the National Forest System in the State of Colorado;
(B) conveying to the Secretary certain lands
located in Pitkin County, Colorado, and comprising
approximately 160 acres, as generally depicted on a map
entitled ``Sellar Park Parcel'', dated August 2004; or
(C) any combination of (A) and (B) above to which
the County and the Secretary mutually agree.
(d) Exchange Timing.--It is the intention of Congress that the land
exchange directed by this Act be consummated no later than 1 year after
the date of enactment of this Act, unless the Secretary and the
Secretary of the Interior and Pitkin County mutually agree otherwise.
SEC. 6. MISCELLANEOUS PROVISIONS.
(a) Management of Acquired Lands.--Lands acquired by the Secretary
of Agriculture pursuant to this Act shall become part of the White
River National Forest and be administered in accordance with the laws,
rules, and regulations generally applicable to the National Forest
System. 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 such forest as
of January 1, 1965.
(b) Withdrawal and Revocation of Orders.--Immediately upon
enactment of this Act, if the Federal land parcels are not already
withdrawn or segregated from entry or appropriation under the public
land laws, including the mining and mineral leasing laws and Geothermal
Steam Act of l970 (30 U.S.C. 1001 et seq.) they are hereby so
withdrawn, subject to any valid existing rights, until the date of
their conveyance to Pitkin County. In addition, any previously existing
public land orders withdrawing the Federal land from appropriation or
disposal under the public land laws are hereby revoked to the extent
necessary to permit disposal of the Federal land as directed by this
Act.
(c) Withdrawal of Acquired Land.--Upon their acquisition by the
United States, the non-Federal lands acquired by the Secretary pursuant
to this Act are hereby, and without further action required by the
Secretary or the Secretary of the Interior, 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.
(d) Boundary Adjustments, Maps and Legal Descriptions.--The
Secretary concerned and Pitkin County may mutually agree to make minor
adjustments in the boundaries of the Federal and non-Federal lands to
be conveyed pursuant to this Act, and may also, at their sole
discretion, mutually agree to modifications or deletions of the Federal
or non-Federal land parcels and mining claim remnants to be exchanged
on Smuggler Mountain. In the event of any discrepancy between a map,
acreage estimate and legal or other description of the lands involved
in the exchange, the map shall prevail unless the Secretary concerned
and Pitkin County mutually agree otherwise.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
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