(This measure has not been amended since it was introduced. The expanded summary of the House passed version is repeated here.)
Crags, Colorado Land Exchange Act of 2017
(Sec. 4) This bill directs the Department of Agriculture (USDA), if the Broadmoor Hotel, Inc., (BHI) offers to convey to the USDA 320 acres of specified nonfederal land in the Pike National Forest in Teller County, Colorado, and a permanent trail easement for the Barr Trail in El Paso County, Colorado, to accept the offer and convey to BHI 83 acres of specified federal land within the Forest, together with a non-exclusive perpetual access easement for BHI to and from such land on Forest Service Road 371.The nonexclusive perpetual access easement granted to BHI shall allow: (1) BHI to fully maintain, at its own expense, and use Forest Service Road 371 from its junction with Forest Service Road 368 in accordance with historic BHI use and maintenance patterns; and (2) full and continued public and administrative access and use of FSR 371 in accordance with the existing Forest Service travel management plan, or as it may be revised by USDA.
(Sec. 5) The USDA shall determine the values of the lands to be exchanged through appraisals following specified requirements. The values shall be equal, or if they are not equal, equalized as prescribed by this bill.
The appraised value of the federal land parcel shall not reflect any increase or diminution in value due to the existing special use permit to BHI on the parcel and its improvements.
The Barr Trail easement donation shall not be appraised for purposes of this bill.
(Sec. 6) The lands acquired by the USDA under this bill shall, without further USDA action, be permanently withdrawn from all forms of appropriation and disposal under the public land laws (including the mining and mineral leasing laws) and the Geothermal Steam Act of 1930, except to the extent necessary to permit the disposal of the federal land parcel to BHI.
The land acquired by the USDA under this bill shall become part of the Pike-San Isabel National Forest.
It is the intent of Congress that the land exchange directed by this bill be completed within one year of this bill's enactment.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 618 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 618
To authorize, direct, expedite, and facilitate a land exchange in El
Paso and Teller Counties, Colorado, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 24, 2017
Mr. Lamborn (for himself, Mr. Polis, and Mr. Tipton) introduced the
following bill; which was referred to the Committee on Natural
Resources
_______________________________________________________________________
A BILL
To authorize, direct, expedite, and facilitate a land exchange in El
Paso and Teller Counties, 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 ``Crags, Colorado Land Exchange Act of
2017''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to authorize, direct, expedite, and facilitate the land
exchange set forth herein; and
(2) to promote enhanced public outdoor recreational and
natural resource conservation opportunities in the Pike
National Forest near Pikes Peak, Colorado, via acquisition of
the non-Federal land and trail easement.
SEC. 3. DEFINITIONS.
In this Act:
(1) BHI.--The term ``BHI'' means Broadmoor Hotel, Inc., a
Colorado corporation.
(2) Federal land.--The term ``Federal land'' means all
right, title, and interest of the United States in and to
approximately 83 acres of land within the Pike National Forest,
El Paso County, Colorado, together with a non-exclusive
perpetual access easement to BHI to and from such land on
Forest Service Road 371, as generally depicted on the map
entitled ``Proposed Crags Land Exchange-Federal Parcel-Emerald
Valley Ranch'', dated March 2015.
(3) Non-federal land.--The term ``non-Federal land'' means
the land and trail easement to be conveyed to the Secretary by
BHI in the exchange and is--
(A) approximately 320 acres of land within the Pike
National Forest, Teller County, Colorado, as generally
depicted on the map entitled ``Proposed Crags Land
Exchange-Non-Federal Parcel-Crags Property'', dated
March 2015; and
(B) a permanent trail easement for the Barr Trail
in El Paso County, Colorado, as generally depicted on
the map entitled ``Proposed Crags Land Exchange-Barr
Trail Easement to United States'', dated March 2015,
and which shall be considered as a voluntary donation
to the United States by BHI for all purposes of law.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, unless otherwise specified.
SEC. 4. LAND EXCHANGE.
(a) In General.--If BHI offers to convey to the Secretary all
right, title, and interest of BHI in and to the non-Federal land, the
Secretary shall accept the offer and simultaneously convey to BHI the
Federal land.
(b) Land Title.--Title to the non-Federal land conveyed and donated
to the Secretary under this Act shall be acceptable to the Secretary
and shall conform to the title approval standards of the Attorney
General of the United States applicable to land acquisitions by the
Federal Government.
(c) Perpetual Access Easement to BHI.--The nonexclusive perpetual
access easement to be granted to BHI as shown on the map referred to in
section 3(2) shall allow--
(1) BHI to fully maintain, at BHI's expense, and use Forest
Service Road 371 from its junction with Forest Service Road 368
in accordance with historic use and maintenance patterns by
BHI; and
(2) full and continued public and administrative access and
use of FSR 371 in accordance with the existing Forest Service
travel management plan, or as such plan may be revised by the
Secretary.
(d) Route and Condition of Road.--BHI and the Secretary may
mutually agree to improve, relocate, reconstruct, or otherwise alter
the route and condition of all or portions of such road as the
Secretary, in close consultation with BHI, may determine advisable.
(e) Exchange Costs.--BHI shall pay for all land survey, appraisal,
and other costs to the Secretary as may be necessary to process and
consummate the exchange directed by this Act, including reimbursement
to the Secretary, if the Secretary so requests, for staff time spent in
such processing and consummation.
SEC. 5. EQUAL VALUE EXCHANGE AND APPRAISALS.
(a) Appraisals.--The values of the lands to be exchanged under this
Act shall be determined by the Secretary through appraisals performed
in accordance with--
(1) the Uniform Appraisal Standards for Federal Land
Acquisitions;
(2) the Uniform Standards of Professional Appraisal
Practice;
(3) appraisal instructions issued by the Secretary; and
(4) shall be performed by an appraiser mutually agreed to
by the Secretary and BHI.
(b) Equal Value Exchange.--The values of the Federal and non-
Federal land parcels exchanged shall be equal, or if they are not
equal, shall be equalized as follows:
(1) Surplus of federal land value.--If the final appraised
value of the Federal land exceeds the final appraised value of
the non-Federal land parcel identified in section 3(3)(A), BHI
shall make a cash equalization payment to the United States as
necessary to achieve equal value, including, if necessary, an
amount in excess of that authorized pursuant to section 206(b)
of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716(b)).
(2) Use of funds.--Any cash equalization moneys received by
the Secretary under paragraph (1) shall be--
(A) deposited in the fund established under Public
Law 90-171 (commonly known as the ``Sisk Act''; 16
U.S.C. 484a); and
(B) made available to the Secretary for the
acquisition of land or interests in land in Region 2 of
the Forest Service.
(3) Surplus of non-federal land value.--If the final
appraised value of the non-Federal land parcel identified in
section 3(3)(A) exceeds the final appraised value of the
Federal land, the United States shall not make a cash
equalization payment to BHI, and surplus value of the non-
Federal land shall be considered a donation by BHI to the
United States for all purposes of law.
(c) Appraisal Exclusions.--
(1) Special use permit.--The appraised value of the Federal
land parcel shall not reflect any increase or diminution in
value due to the special use permit existing on the date of the
enactment of this Act to BHI on the parcel and improvements
thereunder.
(2) Barr trail easement.--The Barr Trail easement donation
identified in section 3(3)(B) shall not be appraised for
purposes of this Act.
SEC. 6. MISCELLANEOUS PROVISIONS.
(a) Withdrawal Provisions.--
(1) Withdrawal.--Lands acquired by the Secretary under this
Act shall, without further action by the Secretary, be
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 1930 (30
U.S.C. 1001 et seq.).
(2) Withdrawal revocation.--Any public land order that
withdraws the Federal land from appropriation or disposal under
a public land law shall be revoked to the extent necessary to
permit disposal of the Federal land parcel to BHI.
(3) Withdrawal of federal land.--All Federal land
authorized to be exchanged under this Act, if not already
withdrawn or segregated from appropriation or disposal under
the public lands laws upon enactment of this Act, is hereby so
withdrawn, subject to valid existing rights, until the date of
conveyance of the Federal land to BHI.
(b) Postexchange Land Management.--Land acquired by the Secretary
under this Act shall become part of the Pike-San Isabel National Forest
and be managed in accordance with the laws, rules, and regulations
applicable to the National Forest System.
(c) Exchange Timetable.--It is the intent of Congress that the land
exchange directed by this Act be consummated no later than 1 year after
the date of the enactment of this Act.
(d) Maps, Estimates, and Descriptions.--
(1) Minor errors.--The Secretary and BHI may by mutual
agreement make minor boundary adjustments to the Federal and
non-Federal lands involved in the exchange, and may correct any
minor errors in any map, acreage estimate, or description of
any land to be exchanged.
(2) Conflict.--If there is a conflict between a map, an
acreage estimate, or a description of land under this Act, the
map shall control unless the Secretary and BHI mutually agree
otherwise.
(3) Availability.--Upon enactment of this Act, the
Secretary shall file and make available for public inspection
in the headquarters of the Pike-San Isabel National Forest a
copy of all maps referred to in this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Mr. Lamborn moved to suspend the rules and pass the bill.
Considered under suspension of the rules. (consideration: CR H980-982)
DEBATE - The House proceeded with forty minutes of debate on H.R. 618.
Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H980-981)
On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H980-981)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
Committee on Energy and Natural Resources. Ordered to be reported without amendment favorably.
Committee on Energy and Natural Resources. Reported by Senator Murkowski without amendment. With written report No. 115-56.
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Committee on Energy and Natural Resources. Reported by Senator Murkowski without amendment. With written report No. 115-56.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 69.