I
103D CONGRESS
1ST SESSION
H. R. 1199
To provide for a land exchange between the Secretary of Agriculture and
Eagle and Pitkin Counties in Colorado, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 3, 1993
Mr. MCINNIS introduced the following bill; which was referred jointly to the
Committees on Natural Resources and Agriculture
A BILL
To provide for a land exchange between the Secretary of
Agriculture and Eagle and Pitkin Counties in Colorado,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) Eagle and Pitkin Counties in the State of
Colorado (hereinafter in this Act referred to as the
‘‘Counties’’) are offering to convey to the United
States approximately one thousand three hundred
and seven acres of patented mining claim properties
owned by the Counties within or adjacent to the
White River National Forest (hereinafter in this Act
referred to as the ‘‘National Forest inholdings’’), in-
cluding approximately six hundred and sixty nine
acres of inholdings within the Holy Cross, Hunter-
Fryingpan, Collegiate Peaks, and Maroon Bells-
Snowmass Wilderness Areas;
(2) the properties identified in paragraph (1)
are National Forest inholdings whose acquisition by
the United States would facilitate better manage-
ment of the White River National Forest and its wil-
derness resources; and
(3) certain lands owned by the United States
within Eagle County comprising approximately two
hundred and seventeen acres and known as the Mt.
Sopris Tree Nursery (hereinafter in this Act referred
to as the ‘‘nursery lands’’) are available for exchange
and the Counties desire to acquire portions of the
nursery lands for public purposes.
(b) PURPOSES.—The purposes of this Act are—
(1) to provide the opportunity for an exchange
whereby the Counties would transfer to the United
States the National Forest inholdings in exchange
for portions of the nursery lands;
(2) to provide an expedited mechanism under
Federal law for resolving any private title claims to
the National Forest inholdings if the exchange is
consummated; and
(3) after the period of limitations has run for
adjudication of all private title claims to the Na-
tional Forest inholdings, to quiet title in the
inholdings in the United States subject to valid ex-
isting rights adjudicated pursuant to this Act.
SEC. 2. OFFER OF EXCHANGE.
(a) OFFER BY THE COUNTIES.—The exchange di-
rected by this Act shall be consummated if within ninety
days after enactment of this Act, the Counties offer to
transfer to the United States, pursuant to the provisions
of this Act, all right, title, and interest of the Counties
in and to approximately—
(1) one thousand two hundred and fifty eight
acres of lands owned by Pitkin County within and
adjacent to the boundaries of the White River Na-
tional Forest, Colorado, and generally depicted as
parcels 1–53 on maps entitled ‘‘Pitkin County
Lands to Forest Service’’, numbered 1–11, and
dated April 1990, except for parcels 20 (Twilight),
21 (Little Alma), the Highland Chief, and Alaska
portions of parcel 25 depicted on map 7, and parcel
52 (Iron King) on map 11, which shall remain in
their current ownership; and
(2) forty-nine acres of land owned by Eagle
County within and adjacent to the boundaries of the
White River National Forest, Colorado, and gen-
erally depicted as parcels 54–58 on maps entitled
‘‘Eagle County Lands to Forest Service’’, numbered
12–14, and dated April 1990, except for parcel 56
(Manitou) on map 14 which is already in National
Forest ownership.
(b) EXCHANGE BY THE SECRETARY.—Subject to the
provisions of section 3, within ninety days after receipt
by the Secretary of Agriculture (hereinafter in this Act
referred to as the ‘‘Secretary’’) of a quitclaim deed from
the Counties to the United States of the lands identified
in subsection (a) of this section, the Secretary, on behalf
of the United States, shall convey by quitclaim deed to
the counties, as tenants in common, all right, title, and
interest of the United States in and to approximately one
hundred and thirty-two acres of land (and water rights
as specified in section 7 and the improvements located
thereon), as generally depicted as tract A on the map enti-
tled ‘‘Mt. Sopris Tree Nursery’’, dated October 5, 1990.
SEC. 3. RESERVATIONS AND CONDITIONS OF CONVEYANCE.
(a) RESERVATIONS.—In any conveyance to the Coun-
ties pursuant to section 2, the Secretary shall reserve—
(1) all right, title, and interest of the United
States in and to approximately eighty-five acres of
land (and improvements located thereon), which are
generally depicted as tracts B (approximately twen-
ty-nine acres) and C (approximately fifty-six acres)
on the map referred to in section 2(b);
(2) water rights as specified in section 7(a);
and
(3) any easements, existing utility lines, or
other existing access in or across tract A currently
serving buildings and facilities on tract B.
(b) REVERSION.—It is the intention of Congress that
any lands and water rights conveyed to the Counties pur-
suant to this Act shall be retained by the Counties and
used solely for public recreation and recreational facilities,
open space, fairgrounds, and such other public purposes
as do not significantly reduce the portion of such lands
in open space. In the deed of conveyance to the Counties,
the Secretary shall provide that all right, title, and interest
in and to any lands and water rights conveyed to the
Counties pursuant to this Act shall revert back to the
United States in the event that such lands or water rights
or any portion thereof are sold or otherwise conveyed by
the Counties or are used for other than such public
purposes.
ance to the United States, within five years of the date
of transfer of the nursery lands to the Counties pursuant
to section 2(b) of this Act, of additional lands or interests
in lands, acceptable to the Secretary, which the Counties
own on the date of enactment of this Act or may acquire
after such date. Such additional lands shall have a value
as approved by the Secretary at least equal to the amount
owed plus annual interest on such amount or unconveyed
portion thereof, as applicable, at the standard rate deter-
mined by the Secretary of the Treasury to be applicable
to marketable securities of the United States having a
comparable maturity. Interest shall accrue beginning on
the date the nursery lands are transferred to the Counties
pursuant to section 2(b) of this Act.
(d) RIGHT OF FIRST REFUSAL.—The Secretary may
convey any or all of the nursery lands reserved pursuant
to subsection (a) of this section for fair market value
under existing authorities, except that the Secretary shall
first offer the Counties the opportunity to acquire the
lands. This right of first refusal shall commence upon re-
ceipt by the Counties of written notice of the intent of
the Secretary to convey such property, and the Counties
shall have sixty days from the date of such receipt to offer
to acquire such properties at fair market value as tenants
in common. The Secretary shall have sole discretion as
to whether to accept or reject any such offer of the
Counties.
SEC. 4. STATUS OF LANDS ACQUIRED BY THE UNITED
STATES.
(a) NATIONAL FOREST SYSTEM LANDS.—The Na-
tional Forest inholdings acquired by the United States
pursuant to this Act shall become a part of the White
River National Forest (or in the case of portions of parcels
39, 40, and 41 depicted on map 9, and a portion of parcel
54 of map 12, part of the Gunnison and Arapahoe Na-
tional Forests, respectively) for administration and man-
agement by the Secretary in accordance with the laws,
rules, and regulations applicable to the National Forest
System.
(b) WILDERNESS.—The National Forest inholdings
that are within the boundaries of the Holy Cross, Hunter-
Fryingpan, Collegiate Peaks, and Maroon Bells-Snowmass
Wilderness Areas shall be incorporated in and deemed to
be part of their respective wilderness areas and shall be
administered in accordance with the provisions of the Wil-
derness Act governing areas designated by that Act as
wilderness.
SEC. 5. RESOLVING TITLE DISPUTES TO NATIONAL FOREST
INHOLDINGS.
(a) QUIET TITLE ACT.—Notwithstanding any other
provisions of law and subject to the provisions of sub-
section (c) of this section, section 2409a of title 28, United
States Code (commonly referred to as the ‘‘Quiet Title
Act’’) shall be the sole legal remedy of any party claiming
any right, title, or interest in or to any National Forest
inholdings conveyed by the Counties to the United States
pursuant to this Act.
(b) LISTING.—Upon conveyance of the National For-
est inholdings to the United States, the Secretary shall
cause to be published in a newspaper or newspapers of
general circulation in Pitkin and Eagle Counties, Colo-
rado, a listing of all National Forest inholdings acquired
pursuant to this Act together with a statement that any
party desiring to assert a claim of any right, title, or inter-
est in or to such lands must bring an action against the
United States pursuant to such section 2409a within the
same period described by subsection (c) of this section.
(c) LIMITATION.—Notwithstanding section 2409a(g)
of title 28, United States Code, any civil action against
the United States to quiet title to National Forest
inholdings conveyed to the United States pursuant to this
Act must be filed in the United States District Court for
the District of Colorado no later than the date that is six
years after the date of publication of the listing required
by subsection (b) of this section.
(d) VESTING BY OPERATION OF LAW.—Subject to
any easements or other rights of record that may be ac-
cepted and expressly disclaimed by the Secretary, and
without limiting title to National Forest inholdings con-
veyed by the Counties pursuant to this Act, all other
rights, title, and interest in or to such National Forest
inholdings if not otherwise vested by quitclaim deed to the
United States, shall vest in the United States on the date
that is six years after the date of publication of the listing
required by subsection (b) of this section, except for such
title as is conveyed by the Counties, no other rights, title,
or interest in or to any parcel of the lands conveyed to
the United States pursuant to this Act shall vest in the
United States under this subsection if title to such par-
cel—
(1) has been or hereafter is adjudicated as
being in a party other than the United States or the
Counties; or
(2) is the subject of any section or suit against
the United States to vest such title in a party other
than the United States or the Counties that is pend-
ing on the date six years after the date of publica-
tion of a listing required by subsection (b) of this
section.
(e) COSTS AND ATTORNEY’S FEES.—(1) At the dis-
cretion of the court, any party claiming right, title, or in-
terest in or to any of the National Forest inholdings who
files an action against the United States to quiet title and
fails to prevail in such action may be required to pay to
the Secretary on behalf of the United States, an amount
equal to the costs and attorney’s fees incurred by the
United States in the defense of such action.
(2) As a condition of any transfer of lands to the
Counties under this Act, the Counties shall be obligated
to reimburse the United States for 50 percent of all costs
in excess of $240,000 not reimbursed pursuant to para-
graph (1) of this subsection associated with the defense
by the United States of any claim or legal action brought
against the United States with respect to any rights, title,
and interest in or to the National Forest inholdings. Pay-
ment shall be made in the same manner as provided in
section 6 of this Act.
SEC. 6. REIMBURSEMENT TO THE UNITED STATES.
(a) IN GENERAL.—As a condition of any transfer of
lands to the Counties under this Act, in addition to any
amounts required to be paid to the United States pursuant
to section 5(e), in the event of a final determination ad-
verse to the United States in any action relating to the
title to the National Forest inholdings, the United States
shall be entitled to receive from the Counties reimburse-
ment equal to the fair market value (appraised as if they
had marketable title) of the lands that are the subject of
such final determination.
(b) AVAILABILITY OF FUNDS.—Any money received
by the United States from the Counties under section 5(e)
or subsection (a) of this section shall be considered money
received and deposited pursuant to the Act of December
4, 1967, as amended (and commonly known as the Sisk
Act, 16 U.S.C. 484a).
(c) IN-KIND PAYMENT OF LANDS.—In lieu of mone-
tary payments, any obligation for reimbursement by the
Counties to the United States under this Act can be ful-
filled by the conveyance to the United States of lands hav-
ing a current fair market value equal to or greater than
the amount of the obligation. Such lands shall be mutually
acceptable to the Secretary and the Counties.
SEC. 7. WATER RIGHTS.
(a) ALLOCATION
AND MANAGEMENT.—The water
rights in existence on the date of enactment of this Act
in the Mt. Sopris Tree Nursery, which comprise well water
and irrigation ditch rights adjudicated under the laws of
the State of Colorado, together with the right to admin-
ister, maintain, access, and further develop such rights,
shall be allocated and managed as follows;
(1) the United States shall convey to the Coun-
ties as undivided tenants in common all rights asso-
ciated with the five existing wells on the properties.
(2) if the Secretary determines that water from
the five existing wells is necessary to meet culinary,
sanitary, or domestic uses of the existing buildings
retained by the United States pursuant to section
3(a), the Counties shall make available to the United
States, without charge, enough water to reasonably
serve such needs and shall additionally, if requested
by the United States, make every future effort to co-
operatively provide to the United States, without
charge, commensurate with the Counties own needs
on tract A, water to serve reasonable culinary, sani-
tary, and domestic uses of any new buildings which
the United States may construct on its retained
lands in the future.
(3) all Federally owned irrigation ditch water
rights shall be reserved by the United States.
(b) MODIFICATION
OF ALLOCATION.—If the Sec-
retary and the Counties determine the public interest will
be better served thereby, they may agree to modify the
precise water allocation made pursuant to this section or
to enter into cooperative agreements (with or without re-
imbursement) to use, share, or otherwise administer such
water rights and associated facilities as they determine ap-
propriate.
SEC. 8. MISCELLANEOUS PROVISIONS.
(a) TIME REQUIREMENT FOR COMPLETING TRANS-
FER.—If the Counties make a timely offer, pursuant to
section 2(a), the transfers of lands authorized and directed
by this Act shall be completed no later than one year after
the date of enactment of this Act.
(b) BOUNDARY MODIFICATIONS.—The Secretary and
the Counties may mutually agree to make modifications
of the final boundary between tracts A and B prior to
completion of the exchange authorized by this Act if such
modifications are determined to better serve mutual objec-
tives than the precise boundaries as set forth in the maps
referenced in this Act.
(c) TRACT A EASEMENT.—The transfer of tract A
to the Counties shall be subject to the existing highway
easement to the State of Colorado and to any other right,
title, or interest of record.
(d) VALIDITY.—If any provision of this Act or the
application thereof is held invalid, the remainder of the
Act and application thereof, except for the precise provi-
sion held invalid, shall not be affected thereby.
(e) FOREST HEADQUARTERS AND ADMINISTRATIVE
OFFICES.—The White River National Forest head-
quarters and administrative office in Glenwood Springs,
Colorado, are hereby transferred from the jurisdiction of
the United States General Services Administration to the
jurisdiction of the Secretary, who shall retain such facili-
ties unless and until otherwise provided by subsequent Act
of Congress.
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