CRAGS, COLORADO LAND EXCHANGE ACT OF 2017; Congressional Record Vol. 163, No. 20
(House of Representatives - February 06, 2017)

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[Pages H980-H982]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               CRAGS, COLORADO LAND EXCHANGE ACT OF 2017

  Mr. LAMBORN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 618) to authorize, direct, expedite, and facilitate a land 
exchange in El Paso and Teller Counties, Colorado, and for other 
purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 618

       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 ``Crags, Colorado Land 
     Exchange Act of 2017''.

     SEC. 2. PURPOSES.

       The purposes of this Act are--
       (1) to authorize, direct, expedite, and facilitate the land 
     exchange set forth herein; and
       (2) to promote enhanced public outdoor recreational and 
     natural resource conservation opportunities in the Pike 
     National Forest near Pikes Peak, Colorado, via acquisition of 
     the non-Federal land and trail easement.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) BHI.--The term ``BHI'' means Broadmoor Hotel, Inc., a 
     Colorado corporation.
       (2) Federal land.--The term ``Federal land'' means all 
     right, title, and interest of the United States in and to 
     approximately 83 acres of land within the Pike National 
     Forest, El Paso County, Colorado, together with a non-
     exclusive perpetual access easement to BHI to and from such 
     land on Forest Service Road 371, as generally depicted on the 
     map entitled ``Proposed Crags Land Exchange-Federal Parcel-
     Emerald Valley Ranch'', dated March 2015.
       (3) Non-federal land.--The term ``non-Federal land'' means 
     the land and trail easement to be conveyed to the Secretary 
     by BHI in the exchange and is--
       (A) approximately 320 acres of land within the Pike 
     National Forest, Teller County, Colorado, as generally 
     depicted on the map entitled ``Proposed Crags Land Exchange-
     Non-Federal Parcel-Crags Property'', dated March 2015; and
       (B) a permanent trail easement for the Barr Trail in El 
     Paso County, Colorado, as generally depicted on the map 
     entitled ``Proposed Crags Land Exchange-Barr Trail Easement 
     to United States'', dated March 2015, and which shall be 
     considered as a voluntary donation to the United States by 
     BHI for all purposes of law.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture, unless otherwise specified.

     SEC. 4. LAND EXCHANGE.

       (a) In General.--If BHI offers to convey to the Secretary 
     all right, title, and interest of BHI in and to the non-
     Federal land, the Secretary shall accept the offer and 
     simultaneously convey to BHI the Federal land.
       (b) Land Title.--Title to the non-Federal land conveyed and 
     donated to the Secretary under this Act shall be acceptable 
     to the Secretary and shall conform to the title approval 
     standards of the Attorney General of the United States 
     applicable to land acquisitions by the Federal Government.
       (c) Perpetual Access Easement to BHI.--The nonexclusive 
     perpetual access easement to be granted to BHI as shown on 
     the map referred to in section 3(2) shall allow--
       (1) BHI to fully maintain, at BHI's expense, and use Forest 
     Service Road 371 from its junction with Forest Service Road 
     368 in accordance with historic use and maintenance patterns 
     by BHI; and
       (2) full and continued public and administrative access and 
     use of FSR 371 in accordance with the existing Forest Service 
     travel management plan, or as such plan may be revised by the 
     Secretary.
       (d) Route and Condition of Road.--BHI and the Secretary may 
     mutually agree to improve, relocate, reconstruct, or 
     otherwise alter the route and condition of all or portions of 
     such road as the Secretary, in close consultation with BHI, 
     may determine advisable.
       (e) Exchange Costs.--BHI shall pay for all land survey, 
     appraisal, and other costs to the Secretary as may be 
     necessary to process and consummate the exchange directed by 
     this Act, including reimbursement to the Secretary, if the 
     Secretary so requests, for staff time spent in such 
     processing and consummation.

     SEC. 5. EQUAL VALUE EXCHANGE AND APPRAISALS.

       (a) Appraisals.--The values of the lands to be exchanged 
     under this Act shall be determined by the Secretary through 
     appraisals performed in accordance with--
       (1) the Uniform Appraisal Standards for Federal Land 
     Acquisitions;
       (2) the Uniform Standards of Professional Appraisal 
     Practice;
       (3) appraisal instructions issued by the Secretary; and
       (4) shall be performed by an appraiser mutually agreed to 
     by the Secretary and BHI.
       (b) Equal Value Exchange.--The values of the Federal and 
     non-Federal land parcels exchanged shall be equal, or if they 
     are not equal, shall be equalized as follows:
       (1) Surplus of federal land value.--If the final appraised 
     value of the Federal land exceeds the final appraised value 
     of the non-Federal land parcel identified in section 3(3)(A), 
     BHI shall make a cash equalization payment to the United 
     States as necessary to achieve equal value, including, if 
     necessary, an amount in excess of that authorized pursuant to 
     section 206(b) of the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1716(b)).
       (2) Use of funds.--Any cash equalization moneys received by 
     the Secretary under paragraph (1) shall be--
       (A) deposited in the fund established under Public Law 90-
     171 (commonly known as the ``Sisk Act''; 16 U.S.C. 484a); and
       (B) made available to the Secretary for the acquisition of 
     land or interests in land in Region 2 of the Forest Service.
       (3) Surplus of non-federal land value.--If the final 
     appraised value of the non-Federal land parcel identified in 
     section 3(3)(A)

[[Page H981]]

     exceeds the final appraised value of the Federal land, the 
     United States shall not make a cash equalization payment to 
     BHI, and surplus value of the non-Federal land shall be 
     considered a donation by BHI to the United States for all 
     purposes of law.
       (c) Appraisal Exclusions.--
       (1) Special use permit.--The appraised value of the Federal 
     land parcel shall not reflect any increase or diminution in 
     value due to the special use permit existing on the date of 
     the enactment of this Act to BHI on the parcel and 
     improvements thereunder.
       (2) Barr trail easement.--The Barr Trail easement donation 
     identified in section 3(3)(B) shall not be appraised for 
     purposes of this Act.

     SEC. 6. MISCELLANEOUS PROVISIONS.

       (a) Withdrawal Provisions.--
       (1) Withdrawal.--Lands acquired by the Secretary under this 
     Act shall, without further action by the Secretary, be 
     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 1930 
     (30 U.S.C. 1001 et seq.).
       (2) Withdrawal revocation.--Any public land order that 
     withdraws the Federal land from appropriation or disposal 
     under a public land law shall be revoked to the extent 
     necessary to permit disposal of the Federal land parcel to 
     BHI.
       (3) Withdrawal of federal land.--All Federal land 
     authorized to be exchanged under this Act, if not already 
     withdrawn or segregated from appropriation or disposal under 
     the public lands laws upon enactment of this Act, is hereby 
     so withdrawn, subject to valid existing rights, until the 
     date of conveyance of the Federal land to BHI.
       (b) Postexchange Land Management.--Land acquired by the 
     Secretary under this Act shall become part of the Pike-San 
     Isabel National Forest and be managed in accordance with the 
     laws, rules, and regulations applicable to the National 
     Forest System.
       (c) Exchange Timetable.--It is the intent of Congress that 
     the land exchange directed by this Act be consummated no 
     later than 1 year after the date of the enactment of this 
     Act.
       (d) Maps, Estimates, and Descriptions.--
       (1) Minor errors.--The Secretary and BHI may by mutual 
     agreement make minor boundary adjustments to the Federal and 
     non-Federal lands involved in the exchange, and may correct 
     any minor errors in any map, acreage estimate, or description 
     of any land to be exchanged.
       (2) Conflict.--If there is a conflict between a map, an 
     acreage estimate, or a description of land under this Act, 
     the map shall control unless the Secretary and BHI mutually 
     agree otherwise.
       (3) Availability.--Upon enactment of this Act, the 
     Secretary shall file and make available for public inspection 
     in the headquarters of the Pike-San Isabel National Forest a 
     copy of all maps referred to in this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Colorado (Mr. Lamborn) and the gentleman from Colorado (Mr. Polis) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Colorado (Mr. Lamborn).


                             General Leave

  Mr. LAMBORN. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and 
include extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Colorado?
  There was no objection.
  Mr. LAMBORN. Mr. Speaker, I yield myself such time as I may consume.
  I rise in strong support of H.R. 618, the Crags, Colorado Land 
Exchange Act of 2017 that I introduced along with Congressman Tipton 
and Congressman Polis. This legislation will facilitate a mutually 
beneficial land exchange between the U.S. Forest Service and the 
Emerald Valley Ranch in El Paso and Teller Counties in Colorado.
  Specifically, this legislation would convey to the United States the 
320-acre Crags property located on the west side of Pikes Peak that is 
currently owned by The Broadmoor Hotel, and a perpetual public-access 
easement for the lower portion of the popular Barr Trail. In exchange, 
an 83-acre Federal parcel located at Emerald Valley Ranch on the 
southeast side of Pikes Peak and a perpetual access easement along two 
Forest Service roads would be granted to The Broadmoor. This would 
eliminate the management and liability issues currently facing the 
United States because of the significant upgrades and improvements The 
Broadmoor has made to the Emerald Valley Ranch parcel.
  This land exchange is intended to provide increased recreational 
opportunities for the public on the Pike National Forest. The 320-acre 
Crags property is completely surrounded by the Pike National Forest and 
has been the top acquisition priority for the Pikes Peak Ranger 
District for several years. The property provides several opportunities 
to connect Forest Service trails emanating from the Crags campground 
with trails in the Putney Gulch area. In addition, existing trails 
within the property could become key links in the proposed Ring the 
Peak trail.
  I thank Chairman Bishop and Chairman McClintock and the entire staff 
of the Subcommittee on Federal Lands for all of their work and bringing 
this bill to the floor.
  I urge the adoption of the measure, and I reserve the balance of my 
time.
  Mr. POLIS. Mr. Speaker, I yield myself such time as I may consume. I 
thank the Speaker for the recognition and Mr. Lamborn for bringing 
forward this bill.
  H.R. 618 is legislation I am proud to cosponsor because it is a 
commonsense land exchange in my home State of Colorado. It authorizes 
the Forest Service to exchange the Emerald Valley Ranch for the larger 
ecologically sensitive Crags parcel. The world-famous Broadmoor Hotel--
that I visited many times and attended many education conferences at--
currently has a 25-year special use permit to operate the guest ranch 
on the Emerald Valley parcel. This parcel has lost its National Forest 
character, and conveying it out of Pike National Forest will simplify 
management at that site and replace it with a parcel that is more 
appropriate.
  In exchange, the Forest Service will receive the 320-acre Crags 
parcel and a permanent trail easement for the historic Barr Trail. The 
Crags property connects with several Forest Service trails in the Pikes 
Peak Ranger District and has been identified by the Forest Service as a 
priority for acquisition. I am glad that, under this bill, we can 
accomplish that priority.
  The exchange eliminates a large private inholding in the National 
Forest and removes the need for Federal land management of the Emerald 
Valley Ranch. It is a win-win scenario. Essentially, this legislation 
simplifies land management around Pikes Peak, while protecting public 
lands and growing our economy.
  The Forest Service testified in support of H.R. 618. I support its 
adoption, as do stakeholders across the spectrum.
  It has been a pleasure to work with my colleagues, Mr. Lamborn and 
Mr. Tipton, on this bill, and I appreciate their hard work and 
constructive work for this legislation.
  I reserve the balance of my time.
  Mr. LAMBORN. Mr. Speaker, I echo what my colleague has just said 
about those of us from Colorado working together. Of the six bills that 
we are going to be discussing today, four of them are from Colorado; 
and yourself, myself, and Representative Tipton from southwest Colorado 
have collaborated on these four bills. It is bipartisan and we have 
worked hard and have gotten some good legislation to offer to the House 
for consideration. I look forward to doing this through the rest of the 
afternoon, plus two other bills as well.
  Mr. Speaker, I have no additional speakers, and I reserve the balance 
of my time.
  Mr. POLIS. Mr. Speaker, I yield myself such time as I may consume.
  I, as well, am prepared to close and I just want to highlight my 
agreement with the gentleman from Colorado (Mr. Lamborn). When people 
work together, these are the kind of commonsense results we get. 
Unfortunately, on these bills, I don't think we will be making the 
front page of The Washington Post or The New York Times or the FOX News 
Talk hour, but that is so much of the workhorse-type work that we need 
to do in this body.
  What we have done with Mr. Tipton, Mr. Lamborn, and myself is we have 
been able to put together the commonsense priorities around public land 
management. The district I have the honor of representing is 65 percent 
public land. So these are everyday issues that my constituents deal 
with living in and around public land.
  It is very exciting to be passing H.R. 618 and allowing getting rid 
of the private inholding, putting some appropriate land in the 
management of the Forest Service and, of course, doing something that 
will also benefit one of our iconic conference centers and hotels in 
Colorado Springs that I have

[[Page H982]]

had the opportunity to be a guest and a conferee at so many times.
  I deeply appreciate the work of Mr. Tipton and Mr. Lamborn. I urge a 
``yes'' vote.
  Mr. Speaker, I yield back the balance of my time.
  Mr. LAMBORN. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Colorado (Mr. Lamborn) that the House suspend the rules 
and pass the bill, H.R. 618.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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