PUBLIC LAW 109–377—DEC. 1, 2006

PITKIN COUNTY LAND EXCHANGE

ACT OF 2006

120 STAT. 2660 PUBLIC LAW 109–377—DEC. 1, 2006

Public Law 109–377

109th Congress

An Act

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 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—

Pitkin County

Land Exchange

Act of 2006.

Conservation.

Dec. 1, 2006

[H.R. 1129]

PUBLIC LAW 109–377—DEC. 1, 2006 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 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 nonFederal 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,

Deadline.

120 STAT. 2662 PUBLIC LAW 109–377—DEC. 1, 2006

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.

PUBLIC LAW 109–377—DEC. 1, 2006 120 STAT. 2663

LEGISLATIVE HISTORY—H.R. 1129:

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.

Æ

(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.

Approved December 1, 2006.

Minerals and

mining.