II 

Calendar No. 58 

115TH CONGRESS 

1ST SESSION S. 280 

[Report No. 115–45] 

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 

MAY 9, 2017 

Reported by Ms. MURKOWSKI, without amendment 

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’’. 


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1 SEC. 2. PURPOSES. 

2 The purposes of this Act are— 

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

4 the land exchange set forth herein; and 

5 (2) to promote enhanced public outdoor rec6 reational and natural resource conservation opportu7 nities in the Pike National Forest near Pikes Peak, 

8 Colorado, via acquisition of the non-Federal land 

9 and trail easement. 

10 SEC. 3. DEFINITIONS. 

11 In this Act: 

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

13 Hotel, Inc., a Colorado corporation. 

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

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

16 States in and to approximately 83 acres of land 

17 within the Pike National Forest, El Paso County, 

18 Colorado, together with a nonexclusive perpetual ac19 cess easement to BHI to and from such land on 

20 Forest Service Road 371, as generally depicted on 

21 the map entitled ‘‘Proposed Crags Land Exchange– 

22 Federal Parcel–Emerald Valley Ranch’’, dated 

23 March 2015. 

24 (3) NON-FEDERAL LAND.—The term ‘‘non-Fed25 eral land’’ means the land and trail easement to be 


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1 conveyed to the Secretary by BHI in the exchange 

2 and is— 

3 (A) approximately 320 acres of land within 

4 the Pike National Forest, Teller County, Colo5 rado, as generally depicted on the map entitled 

6 ‘‘Proposed Crags Land Exchange–Non-Federal 

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

8 and 

9 (B) a permanent trail easement for the 

10 Barr Trail in El Paso County, Colorado, as 

11 generally depicted on the map entitled ‘‘Pro12 posed Crags Land Exchange–Barr Trail Ease13 ment to United States’’, dated March 2015, 

14 and which shall be considered as a voluntary 

15 donation to the United States by BHI for all 

16 purposes of law. 

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

18 the Secretary of Agriculture, unless otherwise speci19 fied. 

20 SEC. 4. LAND EXCHANGE. 

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

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

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

24 and simultaneously convey to BHI the Federal land. 


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1 (b) LAND TITLE.—Title to the non-Federal land con2 veyed and donated to the Secretary under this Act shall 

3 be acceptable to the Secretary and shall conform to the 

4 title approval standards of the Attorney General of the 

5 United States applicable to land acquisitions by the Fed6 eral Government. 

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

8 nonexclusive perpetual access easement to be granted to 

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

10 allow— 

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

12 and use Forest Service Road 371 from its junction 

13 with Forest Service Road 368 in accordance with 

14 historic use and maintenance patterns by BHI; and 

15 (2) full and continued public and administrative 

16 access and use of FSR 371 in accordance with the 

17 existing Forest Service travel management plan, or 

18 as such plan may be revised by the Secretary. 

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

20 Secretary may mutually agree to improve, relocate, recon21 struct, or otherwise alter the route and condition of all 

22 or portions of such road as the Secretary, in close con23 sultation with BHI, may determine advisable. 

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

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


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1 be necessary to process and consummate the exchange di2 rected by this Act, including reimbursement to the Sec3 retary, if the Secretary so requests, for staff time spent 

4 in such processing and consummation. 

5 SEC. 5. EQUAL VALUE EXCHANGE AND APPRAISALS. 

6 (a) APPRAISALS.—The values of the lands to be ex7 changed under this Act shall be determined by the Sec8 retary through appraisals performed in accordance with— 

9 (1) the Uniform Appraisal Standards for Fed10 eral Land Acquisitions; 

11 (2) the Uniform Standards of Professional Ap12 praisal Practice; 

13 (3) appraisal instructions issued by the Sec14 retary; and 

15 (4) shall be performed by an appraiser mutually 

16 agreed to by the Secretary and BHI. 

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

18 Federal and non-Federal land parcels exchanged shall be 

19 equal, or if they are not equal, shall be equalized as fol20 lows: 

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

22 the final appraised value of the Federal land exceeds 

23 the final appraised value of the non-Federal land 

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

25 a cash equalization payment to the United States as 


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1 necessary to achieve equal value, including, if nec2 essary, an amount in excess of that authorized pur3 suant to section 206(b) of the Federal Land Policy 

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

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

6 moneys received by the Secretary under paragraph 

7 (1) shall be— 

8 (A) deposited in the fund established under 

9 Public Law 90–171 (commonly known as the 

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

11 (B) made available to the Secretary for the 

12 acquisition of land or interests in land in Re13 gion 2 of the Forest Service. 

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

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

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

17 appraised value of the Federal land, the United 

18 States shall not make a cash equalization payment 

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

20 shall be considered a donation by BHI to the United 

21 States for all purposes of law. 

22 (c) APPRAISAL EXCLUSIONS.— 

23 (1) SPECIAL USE PERMIT.—The appraised 

24 value of the Federal land parcel shall not reflect any 

25 increase or diminution in value due to the special 


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1 use permit existing on the date of the enactment of 

2 this Act to BHI on the parcel and improvements 

3 thereunder. 

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

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

6 not be appraised for purposes of this Act. 

7 SEC. 6. MISCELLANEOUS PROVISIONS. 

8 (a) WITHDRAWAL PROVISIONS.— 

9 (1) WITHDRAWAL.—Lands acquired by the Sec10 retary under this Act shall, without further action by 

11 the Secretary, be permanently withdrawn from all 

12 forms of appropriation and disposal under the public 

13 land laws (including the mining and mineral leasing 

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

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

16 (2) WITHDRAWAL REVOCATION.—Any public 

17 land order that withdraws the Federal land from ap18 propriation or disposal under a public land law shall 

19 be revoked to the extent necessary to permit disposal 

20 of the Federal land parcel to BHI. 

21 (3) WITHDRAWAL OF FEDERAL LAND.—All 

22 Federal land authorized to be exchanged under this 

23 Act, if not already withdrawn or segregated from ap24 propriation or disposal under the public lands laws 

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


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1 subject to valid existing rights, until the date of con2 veyance of the Federal land to BHI. 

3 (b) POSTEXCHANGE LAND MANAGEMENT.—Land ac4 quired by the Secretary under this Act shall become part 

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

6 in accordance with the laws, rules, and regulations appli7 cable to the National Forest System. 

8 (c) EXCHANGE TIMETABLE.—It is the intent of Con9 gress that the land exchange directed by this Act be con10 summated no later than one year after the date of the 

11 enactment of this Act. 

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

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

14 may by mutual agreement make minor boundary ad15 justments to the Federal and non-Federal lands in16 volved in the exchange, and may correct any minor 

17 errors in any map, acreage estimate, or description 

18 of any land to be exchanged. 

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

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

21 under this Act, the map shall control unless the Sec22 retary and BHI mutually agree otherwise. 

23 (3) AVAILABILITY.—Upon enactment of this 

24 Act, the Secretary shall file and make available for 

25 public inspection in the headquarters of the PikeVerDate Sep 11 2014 22:34 May 09, 2017 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S280.RS S280

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


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Calendar No. 58 

115TH CONGRESS 

1ST SESSION S. 280 

[Report No. 115–45] 

A BILL 

To authorize, direct, expedite, and facilitate a land 

rado, and for other purposes. exchange in El Paso and Teller Counties, ColoMAY 9, 2017 

Reported without amendment 


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