A bill to provide for a land exchange between the Secretary of Agriculture and Eagle and Pitkin Counties in Colorado, and for other purposes.
PL 103-255 (S.341), enacted 05/19/1994

108 STAT. 684 
PUBLIC LAW 103-255—MAY 19, 1994 
Public Law 103-255 
103d Congress 
An Act 
May 19, 1994 
To provide for a land exchange between the Secretary of Agriculture and Eagle 
[S. 341] 
and Pitkin Counties in Colorado, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
National Forest 
the United States of America in Congress assembled. 
System. 
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 offer-
ing to convey to the United States approximately one thousand 
three hundred and seven acres of patented mining claim prop-
erties owned by the Counties within or adjacent to the White 
River National Forest (hereinafter in this Act referred to as 
the "National Forest inholdings"), including 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 management of the White River National Forest 
and its wilderness 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 National Forest inholdings, 
to quiet title in the inholdings in the United States subject 
to valid existing rights adjudicated pursuant to this Act. 
SEC. 2. OFFER OF EXCHANGE. 
(a) OFFER BY THE CouNTlES.~The exchange directed by this 
Act shall be consummated if within ninety days after enactment 
of this Act, the Counties offer to transfer to the United States, 
PUBLIC LAW i03-255—MAY 19, 1994 
108 STAT. 685 
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 National 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 generally depicted as parcels 54-58 on 
maps entitled "Eagle County Lands to Forest Service", num-
bered 12-14, and dated April 1990, except for parcel 56 
(Manitou) on map 14 which is already in National Forest owner-
ship. 
(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 entitled "Mt. Sopris Tree Nursery", dated 
October 5, 1990. 
SEC. 3. RESERVATIONS AND CONDITIONS OF CONVEYANCE. 
(a) RESERVATIONS.—In any conveyance to the Counties pursu-
ant 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 improve-
ments located thereon), which are generally depicted as tracts 
B (approximately twenty-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 pursuant to this Act 
shall be retained by the Counties and used solely for public recre-
ation and recreational facilities, open space, fairgrounds, and such 
other public purposes as do not significantly reduce the portion 
of such Isuids 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. 
(c) EQUALIZATION OF VALUES.—^Values of the respective lands 
exchanged between the United States and the Counties pursuant 
108 STAT. 686 
PUBLIC LAW 103-255—MAY 19, 1994 
to this Act are deemed to be of approximately equal value, without 
any need for cash equalization, as based on a statement of value 
prepared by qualified Forest Service appraisers and dated February 
12,1993. 
(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 oppor-r 
tunity to acquire the Isinds. This right of first refiisal shall com-
mence upon receipt 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 National 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 National Forests, respectively) for administration 
and management by the Secretary in accordance with the laws, 
rules, and regulations applicable to the National Forest System. 
16 use 1132 
(b) WILDERNESS.—The National Forest inholdings that are 
^°^- 
within the boundaries of the Holy Cross, Huuiter-Fryingpan, Colle-
giate Peaks, and Maroon Bells-Snowmass Wilderness Areas shall 
be incorporated in and deemed to be part of their respective wilder-
ness areas Euid shall be administered in accordance with the provi-
sions of the Wilderness Act governing areas designated by that 
Act as wilderness. 
SEC. 5. RESOLVING TITLE DISPUTES TO NATIONAL FOREST IN-
HOLDINGS. 
(a) QUIET TITLE ACT.—^Notwithstanding any other provisions 
of law £uid subject to the provisions of subsection (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 Coimties to the United States 
pursuant to this Act. 
Publication. 
(b) LISTING.—Upon conveyance 
of the National 
Forest 
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, Colorado, 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 interest 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 pursuEmt 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. 
PUBLIC LAW 103-255—MAY 19, 1994 
108 STAT. 687 
(d) VESTING BY OPERATION OF LAW.—Subject to any easements 
or other rights of record that may be accepted and expressly dis-
claimed by the Secretary, and without limiting title to National 
Forest inholdings conveyed 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 sub-
section (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 parcel— 
(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 action or suit against the United 
States to vest such title in a party other than the United 
States or the Counties that is pending on the date six years 
after the date of publication of a listing required by subsection 
(b) of this section. 
(e) COSTS AND ATTORNEY'S FEES.—(1) At the discretion of the 
court, any party claiming right, title, or interest 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 paragraph (1) of this subsection associ-
ated 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. Payment 
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 adverse 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 
reimbursement 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 pursu-
ant 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 monetary payments, 
any obligation for reimbursement by the Counties to the United 
States under this Act can be fulfilled by the conveyance to the 
United States of lands having a current fair market value equal 
108 STAT. 688 
PUBLIC LAW 103-255—MAY 19, 1994 
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 exist-
ence 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 administer, maintain, access, and further develop such 
rights, shall be allocated and managed as follows: 
(1) The United States shall convey to the Counties as 
undivided tenants in common all rights associated 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 domes-
tic 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 reason-
ably serve such needs and shall additionally, if requested by 
the United States, make every effort to cooperatively provide 
to the United States, without charge, commensurate with the 
Counties own needs on tract A, water to serve reasonable 
culinary, sanitary, 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 Secretary and the 
Counties determine the public interest will be better served thereby, 
they may agree to modify the precise water allocation made pursu-
ant to this section or to enter into cooperative agreements (with 
or without reimbursement) to use, share, or otherwise administer 
such water rights and associated facilities as they determine appro-
priate. 
SEC. 8. MISCELLANEOUS PROVISIONS. 
(a) TIME REQUIREMENT FOR COMPLETING TRANSFER.—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 Coun-
ties may mutually agree to make modifications of the final boundary 
between tracts A and B prior to completion of the exchange author-
ized by this Act if such modifications are determined to better 
serve mutual objectives 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 provision held invalid, shall not 
be affected thereby. 
PUBLIC LAW 103-255—MAY 19, 1994 
108 STAT. 689 
(e) FOREST HEADQUARTERS AND ADMINISTRATIVE OFFICES.—^The 
White River National Forest headquarters 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 facilities 
unless and until otherwise provided by subsequent Act of Congress. 
Approved May 19, 1994. 
LEGISLATIVE HISTORY—S. 341: 
HOUSE REPORTS: No. 103-432, Pt. 1 (Comm. on Natural Resources). 
SENATE REPORTS: No. 103-61 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD: 
Vol. 139 (1993): June 29, considered and passed Senate. 
Vol. 140 (1994): May 10, considered and passed House.