II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pitkin County Land 

5 Exchange Act of 2005’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to authorize, direct, expe8 dite, and facilitate the exchange of land between the 

9 United States, Pitkin County, Colorado, and the Aspen 

10 Valley Land Trust. 
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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) ASPEN VALLEY LAND TRUST.— 

4 (A) IN GENERAL.—The term ‘‘Aspen Val5 ley Land Trust’’ means the Aspen Valley Land 

6 Trust, a nonprofit organization as described in 

7 section 501(c)(3) of the Internal Revenue Code 

8 of 1986. 

9 (B) INCLUSIONS.—The term ‘‘Aspen Val10 ley Land Trust’’ includes any successor, heir, or 

11 assign of the Aspen Valley Land Trust. 

12 (2) COUNTY.—The term ‘‘County’’ means 

13 Pitkin County, a political subdivision of the State. 

14 (3) FEDERAL LAND.—The term ‘‘Federal land’’ 

15 means the land directed for exchange between the 

16 United States Forest Service, the Bureau of Land 

17 Management, and Pitkin County under this Act that 

18 is comprised of the following parcels: 

19 (A) The approximately 5.5 acres of Na20 tional Forest System land located in the Coun21 ty, as generally depicted on the map entitled 

22 ‘‘Ryan Land Exchange-Wildwood Parcel Con23 veyance to Pitkin County’’ and dated August 

24 2004. 

25 (B) The 12 parcels of National Forest Sys26 tem land located in the County totaling ap-
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1 proximately 5.92 acres, as generally depicted on 

2 the map entitled ‘‘Ryan Land Exchange-Smug3 gler Mountain Patent Remnants-Conveyance to 

4 Pitkin County’’ and dated August 2004. 

5 (C) The approximately 40 acres of Bureau 

6 of Land management land located in the Coun7 ty, as generally depicted on the map entitled 

8 ‘‘Ryan Land Exchange-Crystal River Parcel 

9 Conveyance to Pitkin County’’ and dated Au10 gust 2004. 

11 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed12 eral land’’ means the land directed for exchange be13 tween Pitkin County and the United States Forest 

14 Service under this Act that is comprised of the fol15 lowing parcels: 

16 (A) The approximately 35 acres of non17 Federal land in the County, as generally de18 picted on the map entitled ‘‘Ryan Land Ex19 change-Ryan Property Conveyance to Forest 

20 Service’’ and dated August 2004. 

21 (B) The approximately 18.2 acres of non22 Federal land located on Smuggler Mountain in 

23 the County, as generally depicted on the map 

24 entitled ‘‘Ryan Land Exchange-Smuggler 
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1 Mountain-Grand Turk and Pontiac Claims Con2 veyance to Forest Service’’. 

3 (5) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Agriculture. 

5 (6) STATE.—The term ‘‘State’’ means the State 

6 of Colorado. 

7 SEC. 4. LAND EXCHANGE. 

8 (a) IN GENERAL.—If the County offers to convey to 

9 the United States title to the non-Federal land that is ac10 ceptable to the Secretary, the Secretary and the Secretary 

11 of the Interior shall— 

12 (1) accept the offer; and 

13 (2) on receipt of acceptable title to the non14 Federal land, simultaneously convey to the County, 

15 or at the request of the County, to the Aspen Valley 

16 Land Trust, all right, title, and interest of the 

17 United States in and to the Federal land, subject to 

18 all valid existing rights and encumbrances. 

19 (b) TIMING.— 

20 (1) IN GENERAL.—Except as provided in para21 graph (2), it is the intent of Congress that the land 

22 exchange directed by this Act shall be completed not 

23 later than 1 year after the date of enactment of this 

24 Act. 
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1 (2) EXCEPTION.—The Secretary, the Secretary 

2 of the Interior, and the County may agree to extend 

3 the deadline specified in paragraph (1). 

4 SEC. 5. EXCHANGE TERMS AND CONDITIONS. 

5 (a) EQUAL VALUE EXCHANGE.—The value of the 

6 Federal land and non-Federal land directed to be ex7 changed under this Act— 

8 (1) shall be equal; or 

9 (2) shall be made equal in accordance with sub10 section (c). 

11 (b) APPRAISALS.— 

12 (1) IN GENERAL.—The value of the Federal 

13 land and non-Federal land shall be determined by 

14 the Secretary through appraisals conducted in ac15 cordance with— 

16 (A) the Uniform Appraisal Standards for 

17 Federal Land Acquisitions; 

18 (B) the Uniform Standards of Professional 

19 Appraisal Practice; and 

20 (C) Forest Service appraisal instructions. 

21 (2) VALUE OF CERTAIN FEDERAL LAND.—In 

22 conducting the appraisal of the parcel of Federal 

23 land described in section 3(3)(C), the appraiser shall 

24 not consider the easement required for that parcel 
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1 under subsection (d)(1) for purposes of determining 

2 the value of that parcel. 

3 (c) EQUALIZATION OF VALUES.— 

4 (1) SURPLUS OF NON-FEDERAL LAND.—If the 

5 final appraised value of the non-Federal land ex6 ceeds the final appraised value of the Federal land, 

7 the County shall donate to the United States the ex8 cess value of the non-Federal land, which shall be 

9 considered to be a donation for all purposes of law. 

10 (2) SURPLUS OF FEDERAL LAND.— 

11 (A) IN GENERAL.—If the final appraised 

12 value of the Federal land exceeds the final ap13 praised value of the non-Federal land, the value 

14 of the Federal land and non-Federal land may 

15 be equalized by the County— 

16 (i) making a cash equalization pay17 ment to the Secretary; 

18 (ii) conveying to the Secretary certain 

19 land located in the County, comprising ap20 proximately 160 acres, as generally de21 picted on the map entitled ‘‘Sellar Park 

22 Parcel’’ and dated August 2004; or 

23 (iii) using a combination of the meth24 ods described in clauses (i) and (ii), as the 
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1 Secretary and the County determine to be 

2 appropriate. 

3 (B) DISPOSITION AND USE OF PRO4 CEEDS.— 

5 (i) DISPOSITION OF PROCEEDS.—Any 

6 cash equalization payment received by the 

7 Secretary under subparagraph (A)(i) shall 

8 be deposited in the fund established by 

9 Public Law 90–171 (commonly known as 

10 the ‘‘Sisk Act’’) (16 U.S.C. 484a). 

11 (ii) USE OF PROCEEDS.—Amounts de12 posited under clause (i) shall be available 

13 to the Secretary, without further appro14 priation, for the acquisition of land or an 

15 interest in land in the State for addition to 

16 the National Forest System. 

17 (d) CONDITIONS ON CERTAIN CONVEYANCES.— 

18 (1) CONDITIONS ON CONVEYANCE OF CRYSTAL

19 RIVER PARCEL.— 

20 (A) IN GENERAL.—The Secretary of the 

21 Interior shall not convey to the County the par22 cel of land described in section 3(3)(C) until the 

23 County grants to the Aspen Valley Land Trust, 

24 the Roaring Fork Conservancy, or any other en25 tity acceptable to the Secretary of the Interior 
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1 and the County, a permanent conservation ease2 ment to the parcel, the terms of which— 

3 (i)(I) provide public access to the par4 cel; and 

5 (II) require that the parcel shall be 

6 used only for recreational, fish and wildlife 

7 conservation, and open space purposes; 

8 and 

9 (ii) are acceptable to the Secretary of 

10 the Interior. 

11 (B) REVERSION.—In the deed of convey12 ance that conveys the parcel of land described 

13 in section 3(3)(C) to the County, the Secretary 

14 of the Interior shall provide that title to the 

15 parcel shall revert to the United States at no 

16 cost to the United States if— 

17 (i) the parcel is used for a purpose 

18 other than that described in subparagraph 

19 (A)(i)(II); or 

20 (ii) the County or the entity holding 

21 the conservation easement elect to dis22 continue administering the parcel. 

23 (2) CONDITIONS ON CONVEYANCE OF WILD24 WOOD PARCEL.— 
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1 (A) IN GENERAL.—Before the Secretary 

2 conveys to the County the parcel described in 

3 section 3(3)(A), the Secretary shall require the 

4 County, at the expense of the County, to trans5 mit to the Secretary a quitclaim deed to the 

6 parcel that permanently relinquishes any claim 

7 that, before the date of introduction of this Act, 

8 was brought against the United States assert9 ing the right, title, or interest of the claimant 

10 in and to the parcel. 

11 (B) RESERVATION OF EASEMENT.—In the 

12 deed of conveyance of the parcel described in 

13 section 3(3)(A) to the County, or at request of 

14 the County, to the Aspen Valley Land Trust, 

15 the Secretary shall, as determined to be appro16 priate by the Secretary in consultation with the 

17 County, reserve to the United States a perma18 nent easement to the parcel for the location, 

19 construction, and public use of the East of 

20 Aspen Trail. 

21 SEC. 6. MISCELLANEOUS PROVISIONS. 

22 (a) INCORPORATION, MANAGEMENT, AND STATUS OF

23 ACQUIRED LAND.— 
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1 (1) IN GENERAL.—Land acquired by the Sec2 retary under this Act shall become part of the White 

3 River National Forest. 

4 (2) MANAGEMENT.—On acquisition, land ac5 quired by the Secretary under this Act shall be ad6 ministered in accordance with the laws (including 

7 rules and regulations) generally applicable to the 

8 National Forest System. 

9 (3) LAND AND WATER CONSERVATION FUND.— 

10 For purposes of section 7 of the Land and Water 

11 Conservation Fund Act of 1965 (16 U.S.C. 460l–9), 

12 the boundaries of the White River National Forest 

13 shall be deemed to be the boundaries of the White 

14 River National Forest as of January 1, 1965. 

15 (b) REVOCATION OF ORDERS AND WITHDRAWAL.— 

16 (1) REVOCATION OF ORDERS.—Any public or17 ders withdrawing any of the Federal land from ap18 propriation or disposal under the public land laws 

19 are revoked to the extent necessary to permit dis20 posal of the Federal land. 

21 (2) WITHDRAWAL OF FEDERAL LAND.—On the 

22 date of enactment of this Act, if not already with23 drawn or segregated from entry and appropriation 

24 under the public land laws (including the mining and 

25 mineral leasing laws) and the Geothermal Steam Act 
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1 of 1970 (30 U.S.C. 1001 et seq.), the Federal land 

2 is withdrawn, subject to valid existing rights, until 

3 the date of the conveyance of the Federal land to the 

4 County. 

5 (3) WITHDRAWAL OF NON-FEDERAL LAND.— 

6 On acquisition of the non-Federal land by the Sec7 retary, the non-Federal land is permanently with8 drawn from all forms of appropriation and disposi9 tion under the public land laws (including the min10 ing and mineral leasing laws) and the Geothermal 

11 Steam Act of 1970 (30 U.S.C. 1001 et seq.). 

12 (c) BOUNDARY ADJUSTMENTS.—The Secretary with 

13 jurisdiction over the land and the County may agree to— 

14 (1) minor adjustments to the boundaries of the 

15 Federal land and non-Federal land; and 

16 (2) modifications or deletions of parcels and 

17 mining claim remnants of Federal land or non-Fed18 eral land to be exchanged on Smuggler Mountain. 

19 (d) MAP.—If there is a discrepancy between a map, 

20 acreage estimate, and legal or other description of the land 

21 to be exchanged under this Act, the map shall prevail un22 less the Secretary with jurisdiction over the land and the 

23 County agree otherwise. 

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