Text: H.R.1129 — 109th Congress (2005-2006)All Information (Except Text)

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Public Law No: 109-377 (12/01/2006)

 
[109th Congress Public Law 377]
[From the U.S. Government Printing Office]


[DOCID: f:publ377.109]

[[Page 2659]]

                       PITKIN COUNTY LAND EXCHANGE

                               ACT OF 2006

[[Page 120 STAT. 2660]]

Public Law 109-377
109th Congress

                                 An Act


 
       To authorize the exchange of certain land in the State of 
            Colorado. <<NOTE: Dec. 1, 2006 -  [H.R. 1129]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Pitkin County 
Land Exchange Act of 2006. Conservation.>> 
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 
                organization as described in section 501(c)(3) of the 
                Internal Revenue 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--

[[Page 120 STAT. 2661]]

                    (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-
                Smuggler 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 Secretary, 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 <<NOTE: Deadline.>> 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 conducted in 
accordance with--
            (1) the Uniform Appraisal Standards for Federal Land 
        Acquisitions;
            (2) the Uniform Standards of Professional Appraisal 
        Practice; 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,

[[Page 120 STAT. 2662]]

                      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 
                      equalization 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 
                subparagraph (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 consultation 
        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 withdrawing 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.

[[Page 120 STAT. 2663]]

            (2) Withdrawal of federal land.--On the date of enactment 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 <<NOTE: Minerals and mining.>> 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.

LEGISLATIVE HISTORY--H.R. 1129:
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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.

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