II 

115TH CONGRESS 

1ST SESSION S. 280 

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

and Teller Counties, Colorado, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 2, 2017 

Mr. GARDNER (for himself and Mr. BENNET) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Exchange Act’’. 

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 


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1 (2) to promote enhanced public outdoor rec2 reational and natural resource conservation opportu3 nities in the Pike National Forest near Pikes Peak, 

4 Colorado, via acquisition of the non-Federal land 

5 and trail easement. 

6 SEC. 3. DEFINITIONS. 

7 In this Act: 

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

9 Hotel, Inc., a Colorado corporation. 

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

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

12 States in and to approximately 83 acres of land 

13 within the Pike National Forest, El Paso County, 

14 Colorado, together with a nonexclusive perpetual ac15 cess easement to BHI to and from such land on 

16 Forest Service Road 371, as generally depicted on 

17 the map entitled ‘‘Proposed Crags Land Exchange– 

18 Federal Parcel–Emerald Valley Ranch’’, dated 

19 March 2015. 

20 (3) NON-FEDERAL LAND.—The term ‘‘non-Fed21 eral land’’ means the land and trail easement to be 

22 conveyed to the Secretary by BHI in the exchange 

23 and is— 

24 (A) approximately 320 acres of land within 

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1 rado, as generally depicted on the map entitled 

2 ‘‘Proposed Crags Land Exchange–Non-Federal 

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

4 and 

5 (B) a permanent trail easement for the 

6 Barr Trail in El Paso County, Colorado, as 

7 generally depicted on the map entitled ‘‘Pro8 posed Crags Land Exchange–Barr Trail Ease9 ment to United States’’, dated March 2015, 

10 and which shall be considered as a voluntary 

11 donation to the United States by BHI for all 

12 purposes of law. 

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

14 the Secretary of Agriculture, unless otherwise speci15 fied. 

16 SEC. 4. LAND EXCHANGE. 

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

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

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

20 and simultaneously convey to BHI the Federal land. 

21 (b) LAND TITLE.—Title to the non-Federal land con22 veyed and donated to the Secretary under this Act shall 

23 be acceptable to the Secretary and shall conform to the 

24 title approval standards of the Attorney General of the 


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1 United States applicable to land acquisitions by the Fed2 eral Government. 

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

4 nonexclusive perpetual access easement to be granted to 

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

6 allow— 

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

8 and use Forest Service Road 371 from its junction 

9 with Forest Service Road 368 in accordance with 

10 historic use and maintenance patterns by BHI; and 

11 (2) full and continued public and administrative 

12 access and use of FSR 371 in accordance with the 

13 existing Forest Service travel management plan, or 

14 as such plan may be revised by the Secretary. 

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

16 Secretary may mutually agree to improve, relocate, recon17 struct, or otherwise alter the route and condition of all 

18 or portions of such road as the Secretary, in close con19 sultation with BHI, may determine advisable. 

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

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

22 be necessary to process and consummate the exchange di23 rected by this Act, including reimbursement to the Sec24 retary, if the Secretary so requests, for staff time spent 

25 in such processing and consummation. 


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1 SEC. 5. EQUAL VALUE EXCHANGE AND APPRAISALS. 

2 (a) APPRAISALS.—The values of the lands to be ex3 changed under this Act shall be determined by the Sec4 retary through appraisals performed in accordance with— 

5 (1) the Uniform Appraisal Standards for Fed6 eral Land Acquisitions; 

7 (2) the Uniform Standards of Professional Ap8 praisal Practice; 

9 (3) appraisal instructions issued by the Sec10 retary; and 

11 (4) shall be performed by an appraiser mutually 

12 agreed to by the Secretary and BHI. 

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

14 Federal and non-Federal land parcels exchanged shall be 

15 equal, or if they are not equal, shall be equalized as fol16 lows: 

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

18 the final appraised value of the Federal land exceeds 

19 the final appraised value of the non-Federal land 

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

21 a cash equalization payment to the United States as 

22 necessary to achieve equal value, including, if nec23 essary, an amount in excess of that authorized pur24 suant to section 206(b) of the Federal Land Policy 

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


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

2 moneys received by the Secretary under paragraph 

3 (1) shall be— 

4 (A) deposited in the fund established under 

5 Public Law 90–171 (commonly known as the 

6 ‘‘Sisk Act’’; 16 U.S.C. 484a); and 

7 (B) made available to the Secretary for the 

8 acquisition of land or interests in land in Re9 gion 2 of the Forest Service. 

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

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

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

13 appraised value of the Federal land, the United 

14 States shall not make a cash equalization payment 

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

16 shall be considered a donation by BHI to the United 

17 States for all purposes of law. 

18 (c) APPRAISAL EXCLUSIONS.— 

19 (1) SPECIAL USE PERMIT.—The appraised 

20 value of the Federal land parcel shall not reflect any 

21 increase or diminution in value due to the special 

22 use permit existing on the date of the enactment of 

23 this Act to BHI on the parcel and improvements 

24 thereunder. 


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

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

3 not be appraised for purposes of this Act. 

4 SEC. 6. MISCELLANEOUS PROVISIONS. 

5 (a) WITHDRAWAL PROVISIONS.— 

6 (1) WITHDRAWAL.—Lands acquired by the Sec7 retary under this Act shall, without further action by 

8 the Secretary, be permanently withdrawn from all 

9 forms of appropriation and disposal under the public 

10 land laws (including the mining and mineral leasing 

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

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

13 (2) WITHDRAWAL REVOCATION.—Any public 

14 land order that withdraws the Federal land from ap15 propriation or disposal under a public land law shall 

16 be revoked to the extent necessary to permit disposal 

17 of the Federal land parcel to BHI. 

18 (3) WITHDRAWAL OF FEDERAL LAND.—All 

19 Federal land authorized to be exchanged under this 

20 Act, if not already withdrawn or segregated from ap21 propriation or disposal under the public lands laws 

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

23 subject to valid existing rights, until the date of con24 veyance of the Federal land to BHI. 


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1 (b) POSTEXCHANGE LAND MANAGEMENT.—Land ac2 quired by the Secretary under this Act shall become part 

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

4 in accordance with the laws, rules, and regulations appli5 cable to the National Forest System. 

6 (c) EXCHANGE TIMETABLE.—It is the intent of Con7 gress that the land exchange directed by this Act be con8 summated no later than one year after the date of the 

9 enactment of this Act. 

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

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

12 may by mutual agreement make minor boundary ad13 justments to the Federal and non-Federal lands in14 volved in the exchange, and may correct any minor 

15 errors in any map, acreage estimate, or description 

16 of any land to be exchanged. 

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

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

19 under this Act, the map shall control unless the Sec20 retary and BHI mutually agree otherwise. 

21 (3) AVAILABILITY.—Upon enactment of this 

22 Act, the Secretary shall file and make available for 

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1 San Isabel National Forest a copy of all maps re2 ferred to in this Act. 

Æ 


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