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[Senate Report 109-245]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 407
109th Congress                                                   Report
                                 SENATE
 2d Session                                                     109-245

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                PITKIN COUNTY LAND EXCHANGE ACT OF 2006

                                _______
                                

                 April 20, 2006.--Ordered to be printed

   Filed, under authority of the order of the Senate of April 7, 2006

                                _______
                                

   Mr. Domenici, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1129]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 1129) to authorize the exchange of 
certain land in the State of Colorado, having considered the 
same, reports favorably thereon with an amendment and 
recommends that the Act, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

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--
                  (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 
                non-Federal 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, 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.
          (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.

                         PURPOSE OF THE MEASURE

    The purpose of H.R. 1129 is to authorize the exchange of 
certain land in the State of Colorado.

                          BACKGROUND AND NEED

    H.R. 1129 authorizes a small land exchange in Pitkin 
County, Colorado, among the Bureau of Land Management (BLM), 
the Forest Service, and the county.
    The exchange proposed in H.R. 1129 is rooted in the Forest 
Service's acquisition of all but 35 acres of the Ryan family 
lands in Pitkin County, Colorado, in 1984. The remaining 35 
acre Ryan parcel is one of the most scenic parcels of private 
land in Pitkin County, and the Forest Service has long desired 
to acquire it in order to protect the scenic value of the 
original Ryan tract. After failing to secure Land and 
Conservation Funds to purchase the parcel, the Forest Service 
pursued an administrative exchange.
    The agency had great difficulty bringing the land exchange 
through the administrative process. At least twice since 1992, 
when the Forest Service began to pursue an exchange, either the 
Forest Service or the BLM has reversed its position, each time 
leaving it to Pitkin County to purchase the private lands in 
order to facilitate the exchange. In 2000, Pitkin County and 
local preservation groups purchased the property because the 
administrative exchange was taking too long to complete.
    The Forest Supervisor of the White River National Forest 
gave written assurances of making the exchange a high priority 
in 2000, yet the Forest Service has not finalized an 
administrative exchange. In the spring of 2004, the Forest 
Service, BLM and Pitkin County developed an exchange proposal 
for the third time that was agreeable to all three parties. 
Frustrated by the nearly two decade process, Pitkin County 
worked with the Colorado delegation to introduce legislation to 
finalize the exchange.

                          LEGISLATIVE HISTORY

    Representative Mark Udall introduced H.R. 1129 on March 3, 
2005. The Subcommittee on Forests and Forest Health of the 
Committee on Resources held a hearing on H.R. 1129 on July 14, 
2005, and favorably reported the bill, with amendment, by 
unanimous consent on October 25, 2005 (H. Rept. 109-252). The 
House of Representatives passed H.R. 1129 on motion to suspend 
the rules and passed the bill, as amended, by voice vote on 
December 6, 2005.
    Senator Allard introduced a companion bill (S. 100) on 
January 24, 2005, for himself and Senator Salazar. Similar 
bills (S. 2904 and H.R. 5142) were introduced late in the 108th 
Congress, but did not receive consideration prior to the end of 
the 108th Congress.
    The Subcommittee on Public Lands and Forests held a hearing 
on May 11, 2005 (S. Hrg. 109-104). At the business meeting on 
March 8, 2006, the Committee on Energy and Natural Resources 
ordered H.R. 1129 favorably reported with an amendment in the 
nature of a substitute.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on March 8, 2006, by a voice vote of a 
quorum present, recommends that the Senate pass H.R. 1129, if 
amended as described herein.

                          COMMITTEE AMENDMENT

    The Committee adopted an amendment in the nature of a 
substitute. As a condition of the conveyance of the Crystal 
River parcel, the substitute requires, the county provide 
public access to the parcel and use it only for recreation, 
fish and wildlife, and public open space purposes. The 
substitute also adds a purpose statement, renumbers the 
subsequent sections and makes a number of technical 
corrections, including to the appraisal instructions and the 
instruction.

                      SECTION-BY-SECTION ANALYSIS

    Sections 1 and 2--provide the short title and purpose for 
the legislation.
    Section 3--provides definitions, including descriptions of 
the properties to be exchanged as follows:
      (1) Pitkin County would transfer two parcels to the 
Forest Service: (A) a 35-acre tract (known as the ``Ryan 
property'') near the ghost town of Ashcroft; and (B) 18.2 acres 
(patented mining claims) on Smuggler Mountain near Aspen, 
Colorado;
      (2) The Federal Government would transfer to the county 
three parcels: (A) a 5.5-acre tract south of Aspen known as the 
``Wildwood'' parcel; (B) 5.92 acres in 12 scattered locations 
on Smuggler Mountain that abut or are near lands now owned by 
the county; and (C) a 40-acre tract of BLM land along the 
Crystal River, which will be subject to a permanent 
conservation easement limiting future use to recreational, fish 
and wildlife, and open space purposes.
    Section 4--directs the exchange between the county and the 
Federal Government provides that it is Congress' intent that 
the exchange be completed within one year of passage of the 
legislation.
    Section 5--provides the terms and conditions of the 
exchange, including the use of the Uniform Appraisal Standards 
and the Forest Service appraisal instructions. It also contains 
equalization provisions.
    Section 5(d)(1) provides conditions for the conveyance of 
the Crystal River Parcel, including a conservation easement 
that limits use to recreational, fish and wildlife conservation 
and open space purposes and includes a reversionary clause if 
the parcel is used for other purposes.
    Section 5(d)(2) provides that the Secretary shall reserve 
an easement for the construction and use of the East of Aspen 
Trail in the deed of conveyance for the Wildwood Parcel.
    Section 6--provides for the incorporation, management, and 
status of the acquired lands.
    Section 6(c) authorizes the Secretaries of the Interior and 
Agriculture to agree to minor boundary adjustments to the 
parcels of Federal land and non-Federal land; and modifications 
or deletions of parcels and mining claim remnants of Federal 
land or non-Federal land, to be exchanged on Smuggler Mountain.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office.

H.R. 1129--Pitkin County Land Exchange Act of 2005

    H.R. 1129 would authorize the Secretary of Agriculture and 
the Secretary of the Interior to convey a total of about 51 
acres of federal land to Pitkin County, Colorado, in exchange 
for roughly 53 acres of land owned by that county. If the 
values of land to be exchanged are not approximately equal, 
those parties could exchange cash payments or additional land 
to make up any difference. H.R. 1129 specifies conditions for 
the county's use of the land it would receive through the 
proposed exchange. The land conveyed to the federal government 
under the bill would be added to the White River National 
Forest.
    Based on information from the Forest Service and the Bureau 
of Land Management, CBO estimates that implementing H.R. 1129 
would not significantly affect the federal budget. According to 
those agencies, the federal land to be conveyed currently 
generates no significant receipts and is not expected to do so 
over the next 10 years; therefore, we estimate that the 
proposed exchange would not reduce federal receipts. We further 
estimate that H.R. 1129 would not increase federal 
administrative or land-management costs by more than $500,000 
per year. Any spending for such costs would be subject to 
appropriation. Enacting H.R. 1129 would not affect revenues.
    H.R. 1129 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments. 
This exchange would be voluntary on the part of Pitkin county 
as would any associated expenses.
    The CBO staff contact for this estimate is Megan Carroll. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out H.R. 1129.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of H.R. 1129.

                        EXECUTIVE COMMUNICATIONS

    The Administration has not testified on H.R. 1129, but it 
did testify on S. 100, a companion bill, at a Public Lands and 
Forests Subcommittee hearing held on May 11, 2005, as follows:

   Statement of Joel Holtrop, U.S. Forest Service, Deputy Chief for 
           National Forest System, Department of Agriculture

    Mr. Chairman and members of the subcommittee, thank you for 
the opportunity to appear before you today in order to provide 
the Department's views on S. 100--Pitkin County Land Exchange 
Act of 2005.
    S. 100 would direct the Secretary of Agriculture to 
exchange thirteen parcels of National Forest System lands 
(totaling 11.42 acres) and the Secretary of the Interior to 
exchange one 40-acre parcel of Bureau of Land Management (BLM) 
land for two parcels of non-federal land (35 acres and 18.2 
acres) if Pitkin County, Colorado offers to convey title to the 
non-federal land that is acceptable to the Secretary of 
Agriculture. The lands acquired by the Secretaries would then 
become part of the White River National Forest in Colorado. The 
federal lands would be conveyed to Pitkin County, Colorado.
    The Department would have no objection to the enactment of 
S. 100 if the reversionary clause in section 5(d)(1)(B) is 
modified. DOI would like the opportunity to work with the 
Committee and the sponsors of the bill on amendments to ensure 
that the reversionary clause is discretionary for the Secretary 
of the Interior to avoid potential liability to the Federal 
government. Also, the Department would like the opportunity to 
finalize the map cited in the legislation to ensure the 
accuracy of the federal parcels to be transferred.
    The acquisition of the non-federal parcels would 
consolidate National Forest land ownership in and around the 
historic Ashcroft Townsite and on Smuggler Mountain. The non-
federal parcels and surrounding lands are a popular sightseeing 
and recreation destination used for nordic skiing and contain 
historic structures associated with the U.S. Army's 10th 
Mountain Division during World War II.
    Section 5 (a)-(c) of the bill would require that the value 
of the federal and non-federal lands directed to be exchanged 
under S. 100 be equal, with values being determined by 
appraisal conducted in accordance with the Uniform Appraisal 
Standards for Federal Land Acquisitions, the Uniform Standards 
of Professional Appraisal Practices and the Forest Service 
appraisal instructions. The bill includes provisions on 
equalizing values, if necessary.
    Section 5(d)(1)(A) of the bill requires Pitkin County to 
grant to an entity acceptable to the Secretary of the Interior 
a permanent conservation easement. The conservation easement 
would provide for public access on the BLM parcel conveyed to 
the County and would limit future use to recreational, fish and 
wildlife and open space purposes only. However, under section 
5(b)(2) of the bill, the appraiser would be directed not to 
consider the easement in appraising this parcel.
    This concludes my statement, I would be happy to answer any 
questions that you may have.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the Act H.R. 1129 as 
ordered reported.

                                  
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