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Union Calendar No. 196 

114TH CONGRESS 

1ST SESSION H. R. 2223 

[Report No. 114–258] 

To authorize, direct, expedite, and facilitate a land exchange in El Paso 

and Teller Counties, Colorado, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 1, 2015 

Mr. LAMBORN (for himself and Mr. POLIS) introduced the following bill; which 

was referred to the Committee on Natural Resources 

SEPTEMBER 9, 2015 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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A BILL 

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

in El Paso and Teller Counties, Colorado, and for other 

purposes. 


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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 ‘‘Crags, Colorado Land 

5 Exchange Act of 2015’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 

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

9 the land exchange set forth herein; and 

10 (2) to promote enhanced public outdoor rec11 reational and natural resource conservation opportu12 nities in the Pike National Forest near Pikes Peak, 

13 Colorado via acquisition of the non-Federal land and 

14 trail easement. 

15 SEC. 3. DEFINITIONS. 

16 In this Act: 

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

18 Hotel, Inc., a Colorado corporation. 

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

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

21 States in and to approximately 83 acres of land 

22 within the Pike National Forest, El Paso County, 

23 Colorado, together with a non-exclusive perpetual ac24 cess easement to BHI to and from such land on 

25 Forest Service Road 371, as generally depicted on 


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1 the map entitled ‘‘Proposed Crags Land Exchange– 

2 Federal Parcel–Emerald Valley Ranch’’, dated 

3 March 2015. 

4 (3) NON-FEDERAL LAND.—The term ‘‘non-Fed5 eral land’’ means the land and trail easement to be 

6 conveyed to the Secretary by BHI in the exchange 

7 and is— 

8 (A) approximately 320 acres of land within 

9 the Pike National Forest, Teller County, Colo10 rado, as generally depicted on the map entitled 

11 ‘‘Proposed Crags Land Exchange–Non-Federal 

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

13 and 

14 (B) a permanent trail easement for the 

15 Barr Trail in El Paso County, Colorado, as 

16 generally depicted on the map entitled ‘‘Pro17 posed Crags Land Exchange–Barr Trail Ease18 ment to United States’’, dated March 2015, 

19 and which shall be considered as a voluntary 

20 donation to the United States by BHI for all 

21 purposes of law. 

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

23 the Secretary of Agriculture, unless otherwise speci24 fied. 


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1 SEC. 4. LAND EXCHANGE. 

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

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

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

5 and simultaneously convey to BHI the Federal land. 

6 (b) LAND TITLE.—Title to the non-Federal land con7 veyed and donated to the Secretary under this Act shall 

8 be acceptable to the Secretary and shall conform to the 

9 title approval standards of the Attorney General of the 

10 United States applicable to land acquisitions by the Fed11 eral Government. 

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

13 nonexclusive perpetual access easement to be granted to 

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

15 allow— 

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

17 and use Forest Service Road 371 from its junction 

18 with Forest Service Road 368 in accordance with 

19 historic use and maintenance patterns by BHI; and 

20 (2) full and continued public and administrative 

21 access and use of FSR 371 in accordance with the 

22 existing Forest Service travel management plan, or 

23 as such plan may be revised by the Secretary. 

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

25 Secretary may mutually agree to improve, relocate, recon26 struct, or otherwise alter the route and condition of all 


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1 or portions of such road as the Secretary, in close con2 sultation with BHI, may determine advisable. 

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

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

5 be necessary to process and consummate the exchange di6 rected by this Act, including reimbursement to the Sec7 retary, if the Secretary so requests, for staff time spent 

8 in such processing and consummation. 

9 SEC. 5. EQUAL VALUE EXCHANGE AND APPRAISALS. 

10 (a) APPRAISALS.—The values of the lands to be ex11 changed under this Act shall be determined by the Sec12 retary through appraisals performed in accordance with— 

13 (1) the Uniform Appraisal Standards for Fed14 eral Land Acquisitions; 

15 (2) the Uniform Standards of Professional Ap16 praisal Practice; 

17 (3) appraisal instructions issued by the Sec18 retary; and 

19 (4) shall be performed by an appraiser mutually 

20 agreed to by the Secretary and BHI. 

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

22 Federal and non-Federal land parcels exchanged shall be 

23 equal, or if they are not equal, shall be equalized as fol24 lows: 


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

2 the final appraised value of the Federal land exceeds 

3 the final appraised value of the non-Federal land 

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

5 a cash equalization payment to the United States as 

6 necessary to achieve equal value, including, if nec7 essary, an amount in excess of that authorized pur8 suant to section 206(b) of the Federal Land Policy 

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

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

11 moneys received by the Secretary under paragraph 

12 (1) shall be— 

13 (A) deposited in the fund established under 

14 Public Law 90–171 (commonly known as the 

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

16 (B) made available to the Secretary for the 

17 acquisition of land or interests in land in Re18 gion 2 of the Forest Service. 

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

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

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

22 appraised value of the Federal land, the United 

23 States shall not make a cash equalization payment 

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


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1 shall be considered a donation by BHI to the United 

2 States for all purposes of law. 

3 (c) APPRAISAL EXCLUSIONS.— 

4 (1) SPECIAL USE PERMIT.—The appraised 

5 value of the Federal land parcel shall not reflect any 

6 increase or diminution in value due to the special 

7 use permit existing on the date of the enactment of 

8 this Act to BHI on the parcel and improvements 

9 thereunder. 

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

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

12 not be appraised for purposes of this Act. 

13 SEC. 6. MISCELLANEOUS PROVISIONS. 

14 (a) WITHDRAWAL PROVISIONS.— 

15 (1) WITHDRAWAL.—Lands acquired by the Sec16 retary under this Act shall, without further action by 

17 the Secretary, be permanently withdrawn from all 

18 forms of appropriation and disposal under the public 

19 land laws (including the mining and mineral leasing 

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

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

22 (2) WITHDRAWAL REVOCATION.—Any public 

23 land order that withdraws the Federal land from ap24 propriation or disposal under a public land law shall 


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1 be revoked to the extent necessary to permit disposal 

2 of the Federal land parcel to BHI. 

3 (3) WITHDRAWAL OF FEDERAL LAND.—All 

4 Federal land authorized to be exchanged under this 

5 Act, if not already withdrawn or segregated from ap6 propriation or disposal under the public lands laws 

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

8 subject to valid existing rights, until the date of con9 veyance of the Federal land to BHI. 

10 (b) POSTEXCHANGE LAND MANAGEMENT.—Land ac11 quired by the Secretary under this Act shall become part 

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

13 in accordance with the laws, rules, and regulations appli14 cable to the National Forest System. 

15 (c) EXCHANGE TIMETABLE.—It is the intent of Con16 gress that the land exchange directed by this Act be con17 summated no later than one year after the date of the 

18 enactment of this Act. 

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

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

21 may by mutual agreement make minor boundary ad22 justments to the Federal and non-Federal lands in23 volved in the exchange, and may correct any minor 

24 errors in any map, acreage estimate, or description 

25 of any land to be exchanged. 


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

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

3 under this Act, the map shall control unless the Sec4 retary and BHI mutually agree otherwise. 

5 (3) AVAILABILITY.—Upon enactment of this 

6 Act, the Secretary shall file and make available for 

7 public inspection in the headquarters of the Pike8 San Isabel National Forest a copy of all maps re9 ferred to in this Act. 


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emcdonald on DSK67QTVN1PROD with BILLS
Union Calendar No. 196 

114TH CONGRESS 

1ST SESSION H. R. 2223 

[Report No. 114–258] 

A BILL 

To authorize, direct, expedite, and facilitate a land 

rado, and for other purposes. exchange in El Paso and Teller Counties, ColoSEPTEMBER 9, 2015 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


emcdonald on DSK67QTVN1PROD with BILLS