I 

108TH CONGRESS 

2D SESSION H. R. 5142 

To authorize and direct the exchange of certain lands in the State of 

Colorado, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 23, 2004 

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

Committee on Resources 

A BILL 

To authorize and direct the exchange of certain lands in 

the State of 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. SHORT TITLE. 

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

5 Exchange Act of 2004’’. 

6 SEC. 2. PURPOSE. 

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

9 between Pitkin County, Colorado, the Aspen Valley Land 
2 

•HR 5142 IH 

1 Trust and the United States in accordance with the terms 

2 and conditions set forth herein. 

3 SEC. 3. DEFINITIONS. 

4 In this Act, the following definitions apply: 

5 (1) The term ‘‘Federal land’’ means the land to 

6 be transferred to Pitkin County, Colorado, by the 

7 United States pursuant to this Act. 

8 (2) The term ‘‘non-Federal land’’ means the 

9 land to be transferred to the United States by Pitkin 

10 County, Colorado, pursuant to this Act. 

11 (3) The term ‘‘Pitkin County’’ means the coun12 ty of Pitkin, Colorado. 

13 (4) The term ‘‘Secretary’’ means the Secretary 

14 of Agriculture, unless otherwise specified. 

15 (5) The term ‘‘Aspen Valley Land Trust’’ 

16 means the non-profit Aspen Valley Land Trust, a 

17 charitable organization as described in section 

18 501(c)(3) of the Internal Revenue Code of 1986 (26 

19 U.S.C. 501), or its successors, heirs, or assigns. 

20 SEC. 4. LAND EXCHANGE. 

21 (a) IN GENERAL.—Upon receipt of title to the non22 Federal lands described in subsection (b), the Secretary 

23 and the Secretary of the Interior shall simultaneously con24 vey to Pitkin County, or to the Aspen Valley Land Trust, 

25 if Pitkin County so requests, all right, title, and interest 
3 

•HR 5142 IH 

1 of the United States in and to the Federal lands described 

2 in subsection (b), subject to valid existing rights or encum3 brances and the requirements of subsections 5(a) and (b). 

4 (b) CONVEYANCE OF NON-FEDERAL LANDS TO THE

5 UNITED STATES.—The non-Federal lands to be conveyed 

6 to the United States pursuant to this Act are the fol7 lowing: 

8 (1) Certain lands located in Pitkin County, Col9 orado, comprising approximately 35 acres, as gen10 erally depicted on a map entitled ‘‘Ryan Land Ex11 change—Ryan Property Conveyance to Forest Serv12 ice’’, dated August 2004. 

13 (2) Certain lands located on Smuggler Moun14 tain in Pitkin County, Colorado, comprising approxi15 mately 18.2 acres, as generally depicted on a map 

16 entitled ‘‘Ryan Land Exchange—Smuggler Moun17 tain—Grand Turk and Pontiac Claims Conveyance 

18 to Forest Service’’, dated llllllll. 

19 (c) FEDERAL LAND CONVEYANCE TO PITKIN COUN20 TY.—The Federal lands to be conveyed to Pitkin County, 

21 or to the Aspen Valley Land Trust, if Pitkin County so 

22 requests, pursuant to this Act are the following: 

23 (1) Certain National Forest lands located in 

24 Pitkin County, Colorado, comprising approximately 

25 5.5 acres, as generally depicted on a map entitled 
4 

•HR 5142 IH 

1 ‘‘Ryan Land Exchange—Wildwood Parcel Convey2 ance to Pitkin County’’, dated August 2004. 

3 (2) Certain National Forest lands located in 

4 Pitkin County, comprising 12 separate parcels total5 ing approximately 5.92 acres, as generally depicted 

6 on a map entitled ‘‘Ryan Land Exchange—Smug7 gler Mountain Patent Remnants—Conveyance to 

8 Pitkin County’’, dated August 2004. 

9 (3) Certain lands under the jurisdiction of the 

10 Bureau of Land Management located in Pitkin 

11 County, Colorado, and comprising approximately 40 

12 acres, as generally depicted on a map entitled ‘‘Ryan 

13 Land Exchange—Crystal River Parcel Conveyance 

14 to Pitkin County’’. 

15 SEC. 5. EXCHANGE TERMS AND CONDITIONS. 

16 (a) CRYSTAL RIVER PARCEL CONVEYANCE.—The 

17 parcel identified in subsection 4(c)(3) shall not be con18 veyed to Pitkin County unless and until the County grants 

19 to the Aspen Valley Land Trust, the Roaring Fork Con20 servancy, or both, or to another entity mutually agreeable 

21 to the County and the Secretary of the Interior, a perma22 nent conservation easement, the terms of which are ac23 ceptable to the Secretary of the Interior and which pro24 vides public access to the parcel and limits future use of 

25 the parcel to recreational, fish, and wildlife conservation, 
5 

•HR 5142 IH 

1 and open space purposes. The requirement for such ease2 ment shall not affect the value of the parcel for purposes 

3 the appraisals to be prepared pursuant to subsection (c). 

4 In the deed of conveyance to the County, the Secretary 

5 of the Interior shall provide that in the event the parcel 

6 is ever used for other than such purposes, or Pitkin Coun7 ty or the entity or entities holding the conservation ease8 ment no longer wish to administer the parcel, title to the 

9 parcel shall back revert to the United States at no cost 

10 to the United States if the Secretary of the Interior deter11 mines that such a reversion is in the best interests of the 

12 United States. 

13 (b) WILDWOOD PARCEL CONVEYANCE AND RES14 ERVATION.—Prior to the conveyance to Pitkin County of 

15 the parcel identified in subsection 4(c)(1), Pitkin County, 

16 at its expense, shall deliver to the Secretary a quitclaim 

17 deed to the parcel from any party who, prior to introduc18 tion of this Act, had asserted a claim of any right, title, 

19 or interest in such parcel, and shall permanently relin20 quish any such claim against the United States in or to 

21 the parcel. In the deed of conveyance of such parcel to 

22 Pitkin County (or to the Aspen Valley Land Trust if 

23 Pitkin County so requests) the Secretary shall reserve to 

24 the United States a permanent easement, as determined 

25 appropriate by the Secretary in consultation with Pitkin 
6 

•HR 5142 IH 

1 County, for location, construction, and public use of the 

2 East of Aspen Trail. 

3 (c) EXCHANGE VALUATION.—The values of the Fed4 eral and non-Federal lands directed for exchange by this 

5 Act shall be equal as determined by the Secretary through 

6 appraisals performed in accordance with the Uniform Ap7 praisal Standards for Federal Land Acquisitions, the Uni8 form Standards of Professional Appraisal Practice, and 

9 Forest Service appraisal instructions. If the values as de10 termined by the appraisals are not equal, equalization 

11 shall be achieved as follows: 

12 (1) If value is owed by the United States, the 

13 County shall donate the excess value to the United 

14 States, and such donation will be considered as a do15 nation for all purposes of law. 

16 (2) If value is owed by Pitkin County, the 

17 County shall equalize value by either— 

18 (A) making a cash equalization payment to 

19 the Secretary, the proceeds of which shall be 

20 deposited in the fund established by Public Law 

21 90–171 (commonly known as the ‘‘Sisk Act’’) 

22 and be available to the Secretary, without fur23 ther appropriation, for the acquisition of land 

24 or interests in land for addition to the National 

25 Forest System in the State of Colorado; 
7 

•HR 5142 IH 

1 (B) conveying to the Secretary certain 

2 lands located in Pitkin County, Colorado, and 

3 comprising approximately 160 acres, as gen4 erally depicted on a map entitled ‘‘Sellar Park 

5 Parcel’’, dated August 2004; or 

6 (C) any combination of (A) and (B) above 

7 to which the County and the Secretary mutually 

8 agree. 

9 (d) EXCHANGE TIMING.—It is the intention of Con10 gress that the land exchange directed by this Act be con11 summated no later than 1 year after the date of enactment 

12 of this Act, unless the Secretary and the Secretary of the 

13 Interior and Pitkin County mutually agree otherwise. 

14 SEC. 6. MISCELLANEOUS PROVISIONS. 

15 (a) MANAGEMENT OF ACQUIRED LANDS.—Lands ac16 quired by the Secretary of Agriculture pursuant to this 

17 Act shall become part of the White River National Forest 

18 and be administered in accordance with the laws, rules, 

19 and regulations generally applicable to the National For20 est System. For purposes of section 7 of the Land and 

21 Water Conservation Fund Act of 1965, (16 U.S.C. 460l– 

22 9), the boundaries of the White River National Forest 

23 shall be deemed to be the boundaries of such forest as 

24 of January 1, 1965. 
8 

•HR 5142 IH 

1 (b) WITHDRAWAL AND REVOCATION OF ORDERS.— 

2 Immediately upon enactment of this Act, if the Federal 

3 land parcels are not already withdrawn or segregated from 

4 entry or appropriation under the public land laws, includ5 ing the mining and mineral leasing laws and Geothermal 

6 Steam Act of l970 (30 U.S.C. 1001 et seq.) they are here7 by so withdrawn, subject to any valid existing rights, until 

8 the date of their conveyance to Pitkin County. In addition, 

9 any previously existing public land orders withdrawing the 

10 Federal land from appropriation or disposal under the 

11 public land laws are hereby revoked to the extent nec12 essary to permit disposal of the Federal land as directed 

13 by this Act. 

14 (c) WITHDRAWAL OF ACQUIRED LAND.—Upon their 

15 acquisition by the United States, the non-Federal lands 

16 acquired by the Secretary pursuant to this Act are hereby, 

17 and without further action required by the Secretary or 

18 the Secretary of the Interior, permanently withdrawn from 

19 all forms of appropriation and disposition under the public 

20 land laws, including the mining and mineral leasing laws, 

21 and the Geothermal Steam Act of 1970. 

22 (d) BOUNDARY ADJUSTMENTS, MAPS AND LEGAL

23 DESCRIPTIONS.—The Secretary concerned and Pitkin 

24 County may mutually agree to make minor adjustments 

25 in the boundaries of the Federal and non-Federal lands 
9 

•HR 5142 IH 

1 to be conveyed pursuant to this Act, and may also, at their 

2 sole discretion, mutually agree to modifications or dele3 tions of the Federal or non-Federal land parcels and min4 ing claim remnants to be exchanged on Smuggler Moun5 tain. In the event of any discrepancy between a map, acre6 age estimate and legal or other description of the lands 

7 involved in the exchange, the map shall prevail unless the 

8 Secretary concerned and Pitkin County mutually agree 

9 otherwise. 

Æ