I

103D CONGRESS

1ST SESSION H. R. 1199

To provide for a land exchange between the Secretary of Agriculture and

Eagle and Pitkin Counties in Colorado, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 3, 1993

Mr. MCINNIS introduced the following bill; which was referred jointly to the

Committees on Natural Resources and Agriculture

A BILL

To provide for a land exchange between the Secretary of

Agriculture and Eagle and Pitkin Counties in Colorado,

and for other purposes.

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

3 SECTION 1. FINDINGS AND PURPOSES.

4 (a) FINDINGS.—Congress finds that—

5 (1) Eagle and Pitkin Counties in the State of

6 Colorado (hereinafter in this Act referred to as the

7 ‘‘Counties’’) are offering to convey to the United

8 States approximately one thousand three hundred

9 and seven acres of patented mining claim properties

10 owned by the Counties within or adjacent to the
2

•HR 1199 IH

1 White River National Forest (hereinafter in this Act

2 referred to as the ‘‘National Forest inholdings’’), in3 cluding approximately six hundred and sixty nine

4 acres of inholdings within the Holy Cross, Hunter5 Fryingpan, Collegiate Peaks, and Maroon Bells6 Snowmass Wilderness Areas;

7 (2) the properties identified in paragraph (1)

8 are National Forest inholdings whose acquisition by

9 the United States would facilitate better manage10 ment of the White River National Forest and its wil11 derness resources; and

12 (3) certain lands owned by the United States

13 within Eagle County comprising approximately two

14 hundred and seventeen acres and known as the Mt.

15 Sopris Tree Nursery (hereinafter in this Act referred

16 to as the ‘‘nursery lands’’) are available for exchange

17 and the Counties desire to acquire portions of the

18 nursery lands for public purposes.

19 (b) PURPOSES.—The purposes of this Act are—

20 (1) to provide the opportunity for an exchange

21 whereby the Counties would transfer to the United

22 States the National Forest inholdings in exchange

23 for portions of the nursery lands;

24 (2) to provide an expedited mechanism under

25 Federal law for resolving any private title claims to
3

•HR 1199 IH

1 the National Forest inholdings if the exchange is

2 consummated; and

3 (3) after the period of limitations has run for

4 adjudication of all private title claims to the Na5 tional Forest inholdings, to quiet title in the

6 inholdings in the United States subject to valid ex7 isting rights adjudicated pursuant to this Act.

8 SEC. 2. OFFER OF EXCHANGE.

9 (a) OFFER BY THE COUNTIES.—The exchange di10 rected by this Act shall be consummated if within ninety

11 days after enactment of this Act, the Counties offer to

12 transfer to the United States, pursuant to the provisions

13 of this Act, all right, title, and interest of the Counties

14 in and to approximately—

15 (1) one thousand two hundred and fifty eight

16 acres of lands owned by Pitkin County within and

17 adjacent to the boundaries of the White River Na18 tional Forest, Colorado, and generally depicted as

19 parcels 1–53 on maps entitled ‘‘Pitkin County

20 Lands to Forest Service’’, numbered 1–11, and

21 dated April 1990, except for parcels 20 (Twilight),

22 21 (Little Alma), the Highland Chief, and Alaska

23 portions of parcel 25 depicted on map 7, and parcel

24 52 (Iron King) on map 11, which shall remain in

25 their current ownership; and
4

•HR 1199 IH

1 (2) forty-nine acres of land owned by Eagle

2 County within and adjacent to the boundaries of the

3 White River National Forest, Colorado, and gen4 erally depicted as parcels 54–58 on maps entitled

5 ‘‘Eagle County Lands to Forest Service’’, numbered

6 12–14, and dated April 1990, except for parcel 56

7 (Manitou) on map 14 which is already in National

8 Forest ownership.

9 (b) EXCHANGE BY THE SECRETARY.—Subject to the

10 provisions of section 3, within ninety days after receipt

11 by the Secretary of Agriculture (hereinafter in this Act

12 referred to as the ‘‘Secretary’’) of a quitclaim deed from

13 the Counties to the United States of the lands identified

14 in subsection (a) of this section, the Secretary, on behalf

15 of the United States, shall convey by quitclaim deed to

16 the counties, as tenants in common, all right, title, and

17 interest of the United States in and to approximately one

18 hundred and thirty-two acres of land (and water rights

19 as specified in section 7 and the improvements located

20 thereon), as generally depicted as tract A on the map enti21 tled ‘‘Mt. Sopris Tree Nursery’’, dated October 5, 1990.

22 SEC. 3. RESERVATIONS AND CONDITIONS OF CONVEYANCE.

23 (a) RESERVATIONS.—In any conveyance to the Coun24 ties pursuant to section 2, the Secretary shall reserve—
5

•HR 1199 IH

1 (1) all right, title, and interest of the United

2 States in and to approximately eighty-five acres of

3 land (and improvements located thereon), which are

4 generally depicted as tracts B (approximately twen5 ty-nine acres) and C (approximately fifty-six acres)

6 on the map referred to in section 2(b);

7 (2) water rights as specified in section 7(a);

8 and

9 (3) any easements, existing utility lines, or

10 other existing access in or across tract A currently

11 serving buildings and facilities on tract B.

12 (b) REVERSION.—It is the intention of Congress that

13 any lands and water rights conveyed to the Counties pur14 suant to this Act shall be retained by the Counties and

15 used solely for public recreation and recreational facilities,

16 open space, fairgrounds, and such other public purposes

17 as do not significantly reduce the portion of such lands

18 in open space. In the deed of conveyance to the Counties,

19 the Secretary shall provide that all right, title, and interest

20 in and to any lands and water rights conveyed to the

21 Counties pursuant to this Act shall revert back to the

22 United States in the event that such lands or water rights

23 or any portion thereof are sold or otherwise conveyed by

24 the Counties or are used for other than such public

25 purposes.
6

•HR 1199 IH

1 (c) EQUALIZATION OF VALUES.—(1) Within one hun2 dred and twenty days after the date of enactment of this

3 Act, the Secretary of Agriculture shall complete appraisals

4 of the lands to be exchanged pursuant to subsections (a)

5 and (b) of section 2 of this Act, taking into account any

6 effects on the value of such lands resulting from the use

7 restrictions and reversionary interest imposed by sub8 section (b) of this section and any other factors that may

9 affect value. The sum of $120,000 shall be deducted from

10 the value of the Counties’ offered lands to reflect any ad11 verse claims against such lands which may be adjudicated

12 pursuant to section 5 of this Act.

13 (2) The appraisals shall utilize nationally recognized

14 appraisal standards, including, to the extent appropriate,

15 the Uniform Appraisal Standards for Federal Land Acqui16 sition.

17 (3) On the basis of such appraisals, the Secretary

18 shall make a finding as to whether the values (after the

19 deduction described in paragraph (1)) of the lands to be

20 exchanged are equal and shall immediately notify the

21 Counties as to such finding. If the values are not equal,

22 any cash equalization which would otherwise be owed to

23 the Counties by the United States shall be waived. Any

24 equalization amount which may be owed to the United

25 States by the Counties shall be satisfied through convey-
7

•HR 1199 IH

1 ance to the United States, within five years of the date

2 of transfer of the nursery lands to the Counties pursuant

3 to section 2(b) of this Act, of additional lands or interests

4 in lands, acceptable to the Secretary, which the Counties

5 own on the date of enactment of this Act or may acquire

6 after such date. Such additional lands shall have a value

7 as approved by the Secretary at least equal to the amount

8 owed plus annual interest on such amount or unconveyed

9 portion thereof, as applicable, at the standard rate deter10 mined by the Secretary of the Treasury to be applicable

11 to marketable securities of the United States having a

12 comparable maturity. Interest shall accrue beginning on

13 the date the nursery lands are transferred to the Counties

14 pursuant to section 2(b) of this Act.

15 (d) RIGHT OF FIRST REFUSAL.—The Secretary may

16 convey any or all of the nursery lands reserved pursuant

17 to subsection (a) of this section for fair market value

18 under existing authorities, except that the Secretary shall

19 first offer the Counties the opportunity to acquire the

20 lands. This right of first refusal shall commence upon re21 ceipt by the Counties of written notice of the intent of

22 the Secretary to convey such property, and the Counties

23 shall have sixty days from the date of such receipt to offer

24 to acquire such properties at fair market value as tenants

25 in common. The Secretary shall have sole discretion as
8

•HR 1199 IH

1 to whether to accept or reject any such offer of the

2 Counties.

3 SEC. 4. STATUS OF LANDS ACQUIRED BY THE UNITED

4 STATES.

5 (a) NATIONAL FOREST SYSTEM LANDS.—The Na6 tional Forest inholdings acquired by the United States

7 pursuant to this Act shall become a part of the White

8 River National Forest (or in the case of portions of parcels

9 39, 40, and 41 depicted on map 9, and a portion of parcel

10 54 of map 12, part of the Gunnison and Arapahoe Na11 tional Forests, respectively) for administration and man12 agement by the Secretary in accordance with the laws,

13 rules, and regulations applicable to the National Forest

14 System.

15 (b) WILDERNESS.—The National Forest inholdings

16 that are within the boundaries of the Holy Cross, Hunter17 Fryingpan, Collegiate Peaks, and Maroon Bells-Snowmass

18 Wilderness Areas shall be incorporated in and deemed to

19 be part of their respective wilderness areas and shall be

20 administered in accordance with the provisions of the Wil21 derness Act governing areas designated by that Act as

22 wilderness.
9

•HR 1199 IH

1 SEC. 5. RESOLVING TITLE DISPUTES TO NATIONAL FOREST

2 INHOLDINGS.

3 (a) QUIET TITLE ACT.—Notwithstanding any other

4 provisions of law and subject to the provisions of sub5 section (c) of this section, section 2409a of title 28, United

6 States Code (commonly referred to as the ‘‘Quiet Title

7 Act’’) shall be the sole legal remedy of any party claiming

8 any right, title, or interest in or to any National Forest

9 inholdings conveyed by the Counties to the United States

10 pursuant to this Act.

11 (b) LISTING.—Upon conveyance of the National For12 est inholdings to the United States, the Secretary shall

13 cause to be published in a newspaper or newspapers of

14 general circulation in Pitkin and Eagle Counties, Colo15 rado, a listing of all National Forest inholdings acquired

16 pursuant to this Act together with a statement that any

17 party desiring to assert a claim of any right, title, or inter18 est in or to such lands must bring an action against the

19 United States pursuant to such section 2409a within the

20 same period described by subsection (c) of this section.

21 (c) LIMITATION.—Notwithstanding section 2409a(g)

22 of title 28, United States Code, any civil action against

23 the United States to quiet title to National Forest

24 inholdings conveyed to the United States pursuant to this

25 Act must be filed in the United States District Court for

26 the District of Colorado no later than the date that is six
10

•HR 1199 IH

1 years after the date of publication of the listing required

2 by subsection (b) of this section.

3 (d) VESTING BY OPERATION OF LAW.—Subject to

4 any easements or other rights of record that may be ac5 cepted and expressly disclaimed by the Secretary, and

6 without limiting title to National Forest inholdings con7 veyed by the Counties pursuant to this Act, all other

8 rights, title, and interest in or to such National Forest

9 inholdings if not otherwise vested by quitclaim deed to the

10 United States, shall vest in the United States on the date

11 that is six years after the date of publication of the listing

12 required by subsection (b) of this section, except for such

13 title as is conveyed by the Counties, no other rights, title,

14 or interest in or to any parcel of the lands conveyed to

15 the United States pursuant to this Act shall vest in the

16 United States under this subsection if title to such par17 cel—

18 (1) has been or hereafter is adjudicated as

19 being in a party other than the United States or the

20 Counties; or

21 (2) is the subject of any section or suit against

22 the United States to vest such title in a party other

23 than the United States or the Counties that is pend24 ing on the date six years after the date of publica-
11

•HR 1199 IH

1 tion of a listing required by subsection (b) of this

2 section.

3 (e) COSTS AND ATTORNEY’S FEES.—(1) At the dis4 cretion of the court, any party claiming right, title, or in5 terest in or to any of the National Forest inholdings who

6 files an action against the United States to quiet title and

7 fails to prevail in such action may be required to pay to

8 the Secretary on behalf of the United States, an amount

9 equal to the costs and attorney’s fees incurred by the

10 United States in the defense of such action.

11 (2) As a condition of any transfer of lands to the

12 Counties under this Act, the Counties shall be obligated

13 to reimburse the United States for 50 percent of all costs

14 in excess of $240,000 not reimbursed pursuant to para15 graph (1) of this subsection associated with the defense

16 by the United States of any claim or legal action brought

17 against the United States with respect to any rights, title,

18 and interest in or to the National Forest inholdings. Pay19 ment shall be made in the same manner as provided in

20 section 6 of this Act.

21 SEC. 6. REIMBURSEMENT TO THE UNITED STATES.

22 (a) IN GENERAL.—As a condition of any transfer of

23 lands to the Counties under this Act, in addition to any

24 amounts required to be paid to the United States pursuant

25 to section 5(e), in the event of a final determination ad-
12

•HR 1199 IH

1 verse to the United States in any action relating to the

2 title to the National Forest inholdings, the United States

3 shall be entitled to receive from the Counties reimburse4 ment equal to the fair market value (appraised as if they

5 had marketable title) of the lands that are the subject of

6 such final determination.

7 (b) AVAILABILITY OF FUNDS.—Any money received

8 by the United States from the Counties under section 5(e)

9 or subsection (a) of this section shall be considered money

10 received and deposited pursuant to the Act of December

11 4, 1967, as amended (and commonly known as the Sisk

12 Act, 16 U.S.C. 484a).

13 (c) IN-KIND PAYMENT OF LANDS.—In lieu of mone14 tary payments, any obligation for reimbursement by the

15 Counties to the United States under this Act can be ful16 filled by the conveyance to the United States of lands hav17 ing a current fair market value equal to or greater than

18 the amount of the obligation. Such lands shall be mutually

19 acceptable to the Secretary and the Counties.

20 SEC. 7. WATER RIGHTS.

21 (a) ALLOCATION AND MANAGEMENT.—The water

22 rights in existence on the date of enactment of this Act

23 in the Mt. Sopris Tree Nursery, which comprise well water

24 and irrigation ditch rights adjudicated under the laws of

25 the State of Colorado, together with the right to admin-
13

•HR 1199 IH

1 ister, maintain, access, and further develop such rights,

2 shall be allocated and managed as follows;

3 (1) the United States shall convey to the Coun4 ties as undivided tenants in common all rights asso5 ciated with the five existing wells on the properties.

6 (2) if the Secretary determines that water from

7 the five existing wells is necessary to meet culinary,

8 sanitary, or domestic uses of the existing buildings

9 retained by the United States pursuant to section

10 3(a), the Counties shall make available to the United

11 States, without charge, enough water to reasonably

12 serve such needs and shall additionally, if requested

13 by the United States, make every future effort to co14 operatively provide to the United States, without

15 charge, commensurate with the Counties own needs

16 on tract A, water to serve reasonable culinary, sani17 tary, and domestic uses of any new buildings which

18 the United States may construct on its retained

19 lands in the future.

20 (3) all Federally owned irrigation ditch water

21 rights shall be reserved by the United States.

22 (b) MODIFICATION OF ALLOCATION.—If the Sec23 retary and the Counties determine the public interest will

24 be better served thereby, they may agree to modify the

25 precise water allocation made pursuant to this section or
14

•HR 1199 IH

1 to enter into cooperative agreements (with or without re2 imbursement) to use, share, or otherwise administer such

3 water rights and associated facilities as they determine ap4 propriate.

5 SEC. 8. MISCELLANEOUS PROVISIONS.

6 (a) TIME REQUIREMENT FOR COMPLETING TRANS7 FER.—If the Counties make a timely offer, pursuant to

8 section 2(a), the transfers of lands authorized and directed

9 by this Act shall be completed no later than one year after

10 the date of enactment of this Act.

11 (b) BOUNDARY MODIFICATIONS.—The Secretary and

12 the Counties may mutually agree to make modifications

13 of the final boundary between tracts A and B prior to

14 completion of the exchange authorized by this Act if such

15 modifications are determined to better serve mutual objec16 tives than the precise boundaries as set forth in the maps

17 referenced in this Act.

18 (c) TRACT A EASEMENT.—The transfer of tract A

19 to the Counties shall be subject to the existing highway

20 easement to the State of Colorado and to any other right,

21 title, or interest of record.

22 (d) VALIDITY.—If any provision of this Act or the

23 application thereof is held invalid, the remainder of the

24 Act and application thereof, except for the precise provi25 sion held invalid, shall not be affected thereby.
15

•HR 1199 IH

1 (e) FOREST HEADQUARTERS AND ADMINISTRATIVE

2 OFFICES.—The White River National Forest head3 quarters and administrative office in Glenwood Springs,

4 Colorado, are hereby transferred from the jurisdiction of

5 the United States General Services Administration to the

6 jurisdiction of the Secretary, who shall retain such facili7 ties unless and until otherwise provided by subsequent Act

8 of Congress.

Æ