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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Pitkin County Land 
Exchange Act of 2004’’. 
SEC. 2. PURPOSE. 
The purpose of this Act is to authorize, direct, expe-
dite and facilitate the exchange and consolidation of lands 
between Pitkin County, Colorado, the Aspen Valley Land
Trust and the United States in accordance with the terms 
and conditions set forth herein. 
SEC. 3. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) The term ‘‘Federal land’’ means the land to 
be transferred to Pitkin County, Colorado, by the 
United States pursuant to this Act. 
(2) The term ‘‘non-Federal land’’ means the 
land to be transferred to the United States by Pitkin 
County, Colorado, pursuant to this Act. 
(3) The term ‘‘Pitkin County’’ means the coun-
ty of Pitkin, Colorado. 
(4) The term ‘‘Secretary’’ means the Secretary 
of Agriculture, unless otherwise specified. 
(5) The term ‘‘Aspen Valley Land Trust’’ 
means the non-profit Aspen Valley Land Trust, a 
charitable organization as described in section 
501(c)(3) of the Internal Revenue Code of 1986 (26 
U.S.C. 501), or its successors, heirs, or assigns. 
SEC. 4. LAND EXCHANGE. 
(a) IN GENERAL.—Upon receipt of title to the non- 
Federal lands described in subsection (b), the Secretary 
and the Secretary of the Interior shall simultaneously con-
vey to Pitkin County, or to the Aspen Valley Land Trust, 
if Pitkin County so requests, all right, title, and interest
of the United States in and to the Federal lands described 
in subsection (b), subject to valid existing rights or encum-
brances and the requirements of subsections 5(a) and (b). 
(b) CONVEYANCE OF NON-FEDERAL LANDS TO THE 
UNITED STATES.—The non-Federal lands to be conveyed 
to the United States pursuant to this Act are the fol-
lowing: 
(1) Certain lands located in Pitkin County, Col-
orado, comprising approximately 35 acres, as gen-
erally depicted on a map entitled ‘‘Ryan Land Ex-
change—Ryan Property Conveyance to Forest Serv-
ice’’, dated August 2004. 
(2) Certain lands located on Smuggler Moun-
tain in Pitkin County, Colorado, comprising approxi-
mately 18.2 acres, as generally depicted on a map 
entitled ‘‘Ryan Land Exchange—Smuggler Moun-
tain—Grand Turk and Pontiac Claims Conveyance 
to Forest Service’’, dated llllllll. 
(c) FEDERAL LAND CONVEYANCE TO PITKIN COUN-
TY.—The Federal lands to be conveyed to Pitkin County, 
or to the Aspen Valley Land Trust, if Pitkin County so 
requests, pursuant to this Act are the following: 
(1) Certain National Forest lands located in 
Pitkin County, Colorado, comprising approximately 
5.5 acres, as generally depicted on a map entitled
‘‘Ryan Land Exchange—Wildwood Parcel Convey-
ance to Pitkin County’’, dated August 2004. 
(2) Certain National Forest lands located in 
Pitkin County, comprising 12 separate parcels total-
ing approximately 5.92 acres, as generally depicted 
on a map entitled ‘‘Ryan Land Exchange—Smug-
gler Mountain Patent Remnants—Conveyance to 
Pitkin County’’, dated August 2004. 
(3) Certain lands under the jurisdiction of the 
Bureau of Land Management located in Pitkin 
County, Colorado, and comprising approximately 40 
acres, as generally depicted on a map entitled ‘‘Ryan 
Land Exchange—Crystal River Parcel Conveyance 
to Pitkin County’’. 
SEC. 5. EXCHANGE TERMS AND CONDITIONS. 
(a) CRYSTAL RIVER PARCEL CONVEYANCE.—The 
parcel identified in subsection 4(c)(3) shall not be con-
veyed to Pitkin County unless and until the County grants 
to the Aspen Valley Land Trust, the Roaring Fork Con-
servancy, or both, or to another entity mutually agreeable 
to the County and the Secretary of the Interior, a perma-
nent conservation easement, the terms of which are ac-
ceptable to the Secretary of the Interior and which pro-
vides public access to the parcel and limits future use of 
the parcel to recreational, fish, and wildlife conservation,
and open space purposes. The requirement for such ease-
ment shall not affect the value of the parcel for purposes 
the appraisals to be prepared pursuant to subsection (c). 
In the deed of conveyance to the County, the Secretary 
of the Interior shall provide that in the event the parcel 
is ever used for other than such purposes, or Pitkin Coun-
ty or the entity or entities holding the conservation ease-
ment no longer wish to administer the parcel, title to the 
parcel shall back revert to the United States at no cost 
to the United States if the Secretary of the Interior deter-
mines that such a reversion is in the best interests of the 
United States. 
(b) WILDWOOD PARCEL CONVEYANCE
AND RES-
ERVATION.—Prior to the conveyance to Pitkin County of 
the parcel identified in subsection 4(c)(1), Pitkin County, 
at its expense, shall deliver to the Secretary a quitclaim 
deed to the parcel from any party who, prior to introduc-
tion of this Act, had asserted a claim of any right, title, 
or interest in such parcel, and shall permanently relin-
quish any such claim against the United States in or to 
the parcel. In the deed of conveyance of such parcel to 
Pitkin County (or to the Aspen Valley Land Trust if 
Pitkin County so requests) the Secretary shall reserve to 
the United States a permanent easement, as determined 
appropriate by the Secretary in consultation with Pitkin
(B) conveying to the Secretary certain 
lands located in Pitkin County, Colorado, and 
comprising approximately 160 acres, as gen-
erally depicted on a map entitled ‘‘Sellar Park 
Parcel’’, dated August 2004; or 
(C) any combination of (A) and (B) above 
to which the County and the Secretary mutually 
agree. 
(d) EXCHANGE TIMING.—It is the intention of Con-
gress that the land exchange directed by this Act be con-
summated no later than 1 year after the date of enactment 
of this Act, unless the Secretary and the Secretary of the 
Interior and Pitkin County mutually agree otherwise. 
SEC. 6. MISCELLANEOUS PROVISIONS. 
(a) MANAGEMENT OF ACQUIRED LANDS.—Lands ac-
quired by the Secretary of Agriculture pursuant to this 
Act shall become part of the White River National Forest 
and be administered in accordance with the laws, rules, 
and regulations generally applicable to the National For-
est System. For purposes of section 7 of the Land and 
Water Conservation Fund Act of 1965, (16 U.S.C. 460l– 
9), the boundaries of the White River National Forest 
shall be deemed to be the boundaries of such forest as 
of January 1, 1965.
(b) WITHDRAWAL AND REVOCATION OF ORDERS.— 
Immediately upon enactment of this Act, if the Federal 
land parcels are not already withdrawn or segregated from 
entry or appropriation under the public land laws, includ-
ing the mining and mineral leasing laws and Geothermal 
Steam Act of l970 (30 U.S.C. 1001 et seq.) they are here-
by so withdrawn, subject to any valid existing rights, until 
the date of their conveyance to Pitkin County. In addition, 
any previously existing public land orders withdrawing the 
Federal land from appropriation or disposal under the 
public land laws are hereby revoked to the extent nec-
essary to permit disposal of the Federal land as directed 
by this Act. 
(c) WITHDRAWAL OF ACQUIRED LAND.—Upon their 
acquisition by the United States, the non-Federal lands 
acquired by the Secretary pursuant to this Act are hereby, 
and without further action required by the Secretary or 
the Secretary of the Interior, permanently withdrawn from 
all forms of appropriation and disposition under the public 
land laws, including the mining and mineral leasing laws, 
and the Geothermal Steam Act of 1970. 
(d) BOUNDARY ADJUSTMENTS, MAPS AND LEGAL 
DESCRIPTIONS.—The Secretary concerned and Pitkin 
County may mutually agree to make minor adjustments 
in the boundaries of the Federal and non-Federal lands
to be conveyed pursuant to this Act, and may also, at their 
sole discretion, mutually agree to modifications or dele-
tions of the Federal or non-Federal land parcels and min-
ing claim remnants to be exchanged on Smuggler Moun-
tain. In the event of any discrepancy between a map, acre-
age estimate and legal or other description of the lands 
involved in the exchange, the map shall prevail unless the 
Secretary concerned and Pitkin County mutually agree 
otherwise. 
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