IIB 

114TH CONGRESS 

1ST SESSION H. R. 2223 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 17, 2015 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

AN ACT 

To authorize, direct, expedite, and facilitate a land exchange 

in El Paso and Teller Counties, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Crags, Colorado Land 

3 Exchange Act of 2015’’. 

4 SEC. 2. PURPOSES. 

5 The purposes of this Act are— 

6 (1) to authorize, direct, expedite, and facilitate 

7 the land exchange set forth herein; and 

8 (2) to promote enhanced public outdoor rec9 reational and natural resource conservation opportu10 nities in the Pike National Forest near Pikes Peak, 

11 Colorado, via acquisition of the non-Federal land 

12 and trail easement. 

13 SEC. 3. DEFINITIONS. 

14 In this Act: 

15 (1) BHI.—The term ‘‘BHI’’ means Broadmoor 

16 Hotel, Inc., a Colorado corporation. 

17 (2) FEDERAL LAND.—The term ‘‘Federal land’’ 

18 means all right, title, and interest of the United 

19 States in and to approximately 83 acres of land 

20 within the Pike National Forest, El Paso County, 

21 Colorado, together with a non-exclusive perpetual ac22 cess easement to BHI to and from such land on 

23 Forest Service Road 371, as generally depicted on 

24 the map entitled ‘‘Proposed Crags Land Exchange– 

25 Federal Parcel–Emerald Valley Ranch’’, dated 

26 March 2015. 


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1 (3) NON-FEDERAL LAND.—The term ‘‘non-Fed2 eral land’’ means the land and trail easement to be 

3 conveyed to the Secretary by BHI in the exchange 

4 and is— 

5 (A) approximately 320 acres of land within 

6 the Pike National Forest, Teller County, Colo7 rado, as generally depicted on the map entitled 

8 ‘‘Proposed Crags Land Exchange–Non-Federal 

9 Parcel–Crags Property’’, dated March 2015; 

10 and 

11 (B) a permanent trail easement for the 

12 Barr Trail in El Paso County, Colorado, as 

13 generally depicted on the map entitled ‘‘Pro14 posed Crags Land Exchange–Barr Trail Ease15 ment to United States’’, dated March 2015, 

16 and which shall be considered as a voluntary 

17 donation to the United States by BHI for all 

18 purposes of law. 

19 (4) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of Agriculture, unless otherwise speci21 fied. 

22 SEC. 4. LAND EXCHANGE. 

23 (a) IN GENERAL.—If BHI offers to convey to the 

24 Secretary all right, title, and interest of BHI in and to 


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1 the non-Federal land, the Secretary shall accept the offer 

2 and simultaneously convey to BHI the Federal land. 

3 (b) LAND TITLE.—Title to the non-Federal land con4 veyed and donated to the Secretary under this Act shall 

5 be acceptable to the Secretary and shall conform to the 

6 title approval standards of the Attorney General of the 

7 United States applicable to land acquisitions by the Fed8 eral Government. 

9 (c) PERPETUAL ACCESS EASEMENT TO BHI.—The 

10 nonexclusive perpetual access easement to be granted to 

11 BHI as shown on the map referred to in section 3(2) shall 

12 allow— 

13 (1) BHI to fully maintain, at BHI’s expense, 

14 and use Forest Service Road 371 from its junction 

15 with Forest Service Road 368 in accordance with 

16 historic use and maintenance patterns by BHI; and 

17 (2) full and continued public and administrative 

18 access and use of FSR 371 in accordance with the 

19 existing Forest Service travel management plan, or 

20 as such plan may be revised by the Secretary. 

21 (d) ROUTE AND CONDITION OF ROAD.—BHI and the 

22 Secretary may mutually agree to improve, relocate, recon23 struct, or otherwise alter the route and condition of all 

24 or portions of such road as the Secretary, in close con25 sultation with BHI, may determine advisable. 


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1 (e) EXCHANGE COSTS.—BHI shall pay for all land 

2 survey, appraisal, and other costs to the Secretary as may 

3 be necessary to process and consummate the exchange di4 rected by this Act, including reimbursement to the Sec5 retary, if the Secretary so requests, for staff time spent 

6 in such processing and consummation. 

7 SEC. 5. EQUAL VALUE EXCHANGE AND APPRAISALS. 

8 (a) APPRAISALS.—The values of the lands to be ex9 changed under this Act shall be determined by the Sec10 retary through appraisals performed in accordance with— 

11 (1) the Uniform Appraisal Standards for Fed12 eral Land Acquisitions; 

13 (2) the Uniform Standards of Professional Ap14 praisal Practice; 

15 (3) appraisal instructions issued by the Sec16 retary; and 

17 (4) shall be performed by an appraiser mutually 

18 agreed to by the Secretary and BHI. 

19 (b) EQUAL VALUE EXCHANGE.—The values of the 

20 Federal and non-Federal land parcels exchanged shall be 

21 equal, or if they are not equal, shall be equalized as fol22 lows: 

23 (1) SURPLUS OF FEDERAL LAND VALUE.—If 

24 the final appraised value of the Federal land exceeds 

25 the final appraised value of the non-Federal land 


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1 parcel identified in section 3(3)(A), BHI shall make 

2 a cash equalization payment to the United States as 

3 necessary to achieve equal value, including, if nec4 essary, an amount in excess of that authorized pur5 suant to section 206(b) of the Federal Land Policy 

6 and Management Act of l976 (43 U.S.C. 1716(b)). 

7 (2) USE OF FUNDS.—Any cash equalization 

8 moneys received by the Secretary under paragraph 

9 (1) shall be— 

10 (A) deposited in the fund established under 

11 Public Law 90–171 (commonly known as the 

12 ‘‘Sisk Act’’; 16 U.S.C. 484a); and 

13 (B) made available to the Secretary for the 

14 acquisition of land or interests in land in Re15 gion 2 of the Forest Service. 

16 (3) SURPLUS OF NON-FEDERAL LAND VALUE.— 

17 If the final appraised value of the non-Federal land 

18 parcel identified in section 3(3)(A) exceeds the final 

19 appraised value of the Federal land, the United 

20 States shall not make a cash equalization payment 

21 to BHI, and surplus value of the non-Federal land 

22 shall be considered a donation by BHI to the United 

23 States for all purposes of law. 

24 (c) APPRAISAL EXCLUSIONS.— 


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1 (1) SPECIAL USE PERMIT.—The appraised 

2 value of the Federal land parcel shall not reflect any 

3 increase or diminution in value due to the special 

4 use permit existing on the date of the enactment of 

5 this Act to BHI on the parcel and improvements 

6 thereunder. 

7 (2) BARR TRAIL EASEMENT.—The Barr Trail 

8 easement donation identified in section 3(3)(B) shall 

9 not be appraised for purposes of this Act. 

10 SEC. 6. MISCELLANEOUS PROVISIONS. 

11 (a) WITHDRAWAL PROVISIONS.— 

12 (1) WITHDRAWAL.—Lands acquired by the Sec13 retary under this Act shall, without further action by 

14 the Secretary, be permanently withdrawn from all 

15 forms of appropriation and disposal under the public 

16 land laws (including the mining and mineral leasing 

17 laws) and the Geothermal Steam Act of 1930 (30 

18 U.S.C. 1001 et seq.). 

19 (2) WITHDRAWAL REVOCATION.—Any public 

20 land order that withdraws the Federal land from ap21 propriation or disposal under a public land law shall 

22 be revoked to the extent necessary to permit disposal 

23 of the Federal land parcel to BHI. 

24 (3) WITHDRAWAL OF FEDERAL LAND.—All 

25 Federal land authorized to be exchanged under this 


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1 Act, if not already withdrawn or segregated from ap2 propriation or disposal under the public lands laws 

3 upon enactment of this Act, is hereby so withdrawn, 

4 subject to valid existing rights, until the date of con5 veyance of the Federal land to BHI. 

6 (b) POSTEXCHANGE LAND MANAGEMENT.—Land ac7 quired by the Secretary under this Act shall become part 

8 of the Pike-San Isabel National Forest and be managed 

9 in accordance with the laws, rules, and regulations appli10 cable to the National Forest System. 

11 (c) EXCHANGE TIMETABLE.—It is the intent of Con12 gress that the land exchange directed by this Act be con13 summated no later than 1 year after the date of the enact14 ment of this Act. 

15 (d) MAPS, ESTIMATES, AND DESCRIPTIONS.— 

16 (1) MINOR ERRORS.—The Secretary and BHI 

17 may by mutual agreement make minor boundary ad18 justments to the Federal and non-Federal lands in19 volved in the exchange, and may correct any minor 

20 errors in any map, acreage estimate, or description 

21 of any land to be exchanged. 

22 (2) CONFLICT.—If there is a conflict between a 

23 map, an acreage estimate, or a description of land 

24 under this Act, the map shall control unless the Sec25 retary and BHI mutually agree otherwise. 


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1 (3) AVAILABILITY.—Upon enactment of this 

2 Act, the Secretary shall file and make available for 

3 public inspection in the headquarters of the Pike4 San Isabel National Forest a copy of all maps re5 ferred to in this Act. 

Passed the House of Representatives September 16, 

2015. 

Attest: KAREN L. HAAS, 

Clerk. 


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