Pitkin County Land Exchange Act of 2006
PL 109-377 (H.R.1129), enacted 12/01/2006

120 STAT. 2660
PUBLIC LAW 109–377—DEC. 1, 2006
Public Law 109–377
109th Congress
An Act
To authorize the exchange of certain land in the State of Colorado.
Be it enacted by the Senate and House of Representatives 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 2006’’.
SEC. 2. PURPOSE.
The purpose of this Act is to authorize, direct, expedite, and
facilitate the exchange of land between the United States, Pitkin
County, Colorado, and the Aspen Valley Land Trust.
SEC. 3. DEFINITIONS.
In this Act:
(1) ASPEN VALLEY LAND TRUST.—
(A) IN GENERAL.—The term ‘‘Aspen Valley Land Trust’’
means the Aspen Valley Land Trust, a nonprofit organiza-
tion as described in section 501(c)(3) of the Internal Rev-
enue Code of 1986.
(B) INCLUSIONS.—The term ‘‘Aspen Valley Land Trust’’
includes any successor, heir, or assign of the Aspen Valley
Land Trust.
(2) COUNTY.—The term ‘‘County’’ means Pitkin County,
a political subdivision of the State of Colorado.
(3) FEDERAL LAND.—The term ‘‘Federal land’’ means—
(A) the approximately 5.5 acres of National Forest
System land located in the County, as generally depicted
on the map entitled ‘‘Ryan Land Exchange-Wildwood Parcel
Conveyance to Pitkin County’’ and dated August 2004;
(B) the 12 parcels of National Forest System land
located in the County totaling approximately 5.92 acres,
as generally depicted on maps 1 and 2 entitled ‘‘Ryan
Land Exchange-Smuggler Mountain Patent Remnants
Conveyance to Pitkin County’’ and dated August 2004;
and
(C) the approximately 40 acres of Bureau of Land
Management land located in the County, as generally
depicted on the map entitled ‘‘Ryan Land Exchange-Crystal
River Parcel Conveyance to Pitkin County’’ and dated
August 2004.
(4) NON-FEDERAL
LAND.—The term ‘‘non-Federal land’’
means—
Pitkin County
Land Exchange
Act of 2006.
Conservation.
Dec. 1, 2006
[H.R. 1129]
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120 STAT. 2661
PUBLIC LAW 109–377—DEC. 1, 2006
(A) the approximately 35 acres of non-Federal land
in the County, as generally depicted on the map entitled
‘‘Ryan Land Exchange-Ryan Property Conveyance to Forest
Service’’ and dated August 2004; and
(B) the approximately 18.2 acres of non-Federal land
located on Smuggler Mountain in the County, as generally
depicted on the map entitled ‘‘Ryan Land Exchange-Smug-
gler Mountain-Grand Turk & Pontiac Claims Conveyance
to Forest Service’’ and dated August 2004.
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Agriculture.
SEC. 4. LAND EXCHANGE.
(a) IN GENERAL.—If the County offers to convey to the United
States title to the non-Federal land that is acceptable to the Sec-
retary, the Secretary and the Secretary of the Interior shall—
(1) accept the offer; and
(2) on receipt of acceptable title to the non-Federal land,
simultaneously convey to the County, or at the request of
the County, to the Aspen Valley Land Trust, all right, title,
and interest of the United States in and to the Federal land,
except as provided in section 5(d), subject to all valid existing
rights and encumbrances.
(b) TIMING.—It is the intent of Congress that the land exchange
directed by this Act shall be completed not later than 1 year
after the date of enactment of this Act.
SEC. 5. EXCHANGE TERMS AND CONDITIONS.
(a) EQUAL VALUE EXCHANGE.—The value of the Federal land
and non-Federal land—
(1) shall be equal; or
(2) shall be made equal in accordance with subsection
(c).
(b) APPRAISALS.—The value of the Federal land and non-Federal
land shall be determined by the Secretary through appraisals con-
ducted in accordance with—
(1) the Uniform Appraisal Standards for Federal Land
Acquisitions;
(2) the Uniform Standards of Professional Appraisal Prac-
tice; and
(3) Forest Service appraisal instructions.
(c) EQUALIZATION OF VALUES.—
(1) SURPLUS OF NON-FEDERAL LAND.—If the final appraised
value of the non-Federal land exceeds the final appraised value
of the Federal land, the County shall donate to the United
States the excess value of the non-Federal land, which shall
be considered to be a donation for all purposes of law.
(2) SURPLUS OF FEDERAL LAND.—
(A) IN GENERAL.—If the final appraised value of the
Federal land exceeds the final appraised value of the non-
Federal land, the value of the Federal land and non-Federal
land may, as the Secretary and the County determine
to be appropriate, be equalized by the County—
(i) making a cash equalization payment to the
Secretary;
(ii) conveying to the Secretary certain land located
in the County, comprising approximately 160 acres,
Deadline.
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PUBLIC LAW 109–377—DEC. 1, 2006
as generally depicted on the map entitled ‘‘Sellar Park
Parcel’’ and dated August 2004; or
(iii) using a combination of the methods described
in clauses (i) and (ii).
(B) DISPOSITION AND USE OF PROCEEDS.—
(i) DISPOSITION OF PROCEEDS.—Any cash equali-
zation payment received by the Secretary under clause
(i) or (iii) of subparagraph (A) shall be deposited in
the fund established by Public Law 90–171 (commonly
known as the ‘‘Sisk Act’’) (16 U.S.C. 484a).
(ii) USE OF PROCEEDS.—Amounts deposited under
clause (i) shall be available to the Secretary, without
further appropriation, for the acquisition of land or
interests in land in Colorado for addition to the
National Forest System.
(d) CONDITIONS ON CERTAIN CONVEYANCES.—
(1) CONDITIONS
ON
CONVEYANCE
OF
CRYSTAL
RIVER
PARCEL.—
(A) IN
GENERAL.—As a condition of the conveyance
of the parcel of Federal land described in section 3(3)(C)
to the County, the County shall agree to—
(i) provide for public access to the parcel; and
(ii) require that the parcel shall be used only for
recreational, fish and wildlife conservation, and public
open space purposes.
(B) REVERSION.—At the option of the Secretary of the
Interior, the parcel of land described in section 3(3)(C)
shall revert to the United States if the parcel is used
for a purpose other than a purpose described in subpara-
graph (A)(ii).
(2) CONDITIONS ON CONVEYANCE OF WILDWOOD PARCEL.—
In the deed of conveyance for the parcel of Federal land
described in section 3(3)(A) to the County, the Secretary shall,
as determined to be appropriate by the Secretary, in consulta-
tion with the County, reserve to the United States a permanent
easement for the location, construction, and public use of the
East of Aspen Trail.
SEC. 6. MISCELLANEOUS PROVISIONS.
(a) INCORPORATION, MANAGEMENT, AND STATUS OF ACQUIRED
LAND.—
(1) IN GENERAL.—Land acquired by the Secretary under
this Act shall become part of the White River National Forest.
(2) MANAGEMENT.—On acquisition, land acquired by the
Secretary under this Act shall be administered in accordance
with the laws (including rules and regulations) generally
applicable to the National Forest System.
(3) LAND AND WATER CONSERVATION FUND.—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 the
White River National Forest as of January 1, 1965.
(b) REVOCATION OF ORDERS AND WITHDRAWAL.—
(1) REVOCATION
OF
ORDERS.—Any public orders with-
drawing any of the Federal land from appropriation or disposal
under the public land laws are revoked to the extent necessary
to permit disposal of the Federal land.
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120 STAT. 2663
PUBLIC LAW 109–377—DEC. 1, 2006
LEGISLATIVE HISTORY—H.R. 1129:
HOUSE REPORTS: No. 109–252 (Comm. on Resources).
SENATE REPORTS: No. 109–245 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 151 (2005): Dec. 6, considered and passed House.
Vol. 152 (2006): Sept. 29, considered and passed Senate, amended.
Nov. 13, House concurred in Senate amendment.
(2) WITHDRAWAL OF FEDERAL LAND.—On the date of enact-
ment of this Act, if not already withdrawn or segregated from
entry and appropriation under the public land laws (including
the mining and mineral leasing laws) and the Geothermal
Steam Act of 1970 (30 U.S.C. 1001 et seq.), the Federal land
is withdrawn, subject to valid existing rights, until the date
of the conveyance of the Federal land to the County.
(3) WITHDRAWAL OF NON-FEDERAL LAND.—On acquisition
of the non-Federal land by the Secretary, the non-Federal land
is permanently withdrawn from all forms of appropriation and
disposal under the public land laws (including the mining and
mineral leasing laws) and the Geothermal Steam Act of 1970
(30 U.S.C. 1001 et seq.).
(c) BOUNDARY ADJUSTMENTS.—The Secretary, the Secretary of
the Interior, and the County may agree to—
(1) minor adjustments to the boundaries of the parcels
of Federal land and non-Federal land; and
(2) modifications or deletions of parcels and mining claim
remnants of Federal land or non-Federal land to be exchanged
on Smuggler Mountain.
Approved December 1, 2006.
Minerals and
mining.
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