Crags, Colorado Land Exchange Act

II 116TH CONGRESS 1ST SESSION S. 36 To authorize, direct, expedite, and facilitate a land exchange in El Paso and Teller Counties, Colorado, and for other purposes. IN THE SENATE OF THE UNITED STATES JANUARY 8, 2019 Mr. GARDNER (for himself and Mr. BENNET) introduced the following bill; which was read twice and referred to the Committee on Energy and Nat- ural Resources A BILL To authorize, direct, expedite, and facilitate a land exchange in El Paso and Teller Counties, Colorado, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Crags, Colorado Land 4 Exchange Act’’. 5 SEC. 2. PURPOSES. 6 The purposes of this Act are— 7 (1) to authorize, direct, expedite and facilitate 8 the land exchange set forth herein; and 9 VerDate Sep 11 2014 02:10 Jan 12, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S36.IS S36 lotter on DSKBCFDHB2PROD with BILLS 2 •S 36 IS (2) to promote enhanced public outdoor rec- 1 reational and natural resource conservation opportu- 2 nities in the Pike National Forest near Pikes Peak, 3 Colorado, via acquisition of the non-Federal land 4 and trail easement. 5 SEC. 3. DEFINITIONS. 6 In this Act: 7 (1) BHI.—The term ‘‘BHI’’ means Broadmoor 8 Hotel, Inc., a Colorado corporation. 9 (2) FEDERAL LAND.—The term ‘‘Federal land’’ 10 means all right, title, and interest of the United 11 States in and to approximately 83 acres of land 12 within the Pike National Forest, El Paso County, 13 Colorado, together with a nonexclusive perpetual ac- 14 cess easement to BHI to and from such land on 15 Forest Service Road 371, as generally depicted on 16 the map entitled ‘‘Proposed Crags Land Exchange– 17 Federal Parcel–Emerald Valley Ranch’’, dated 18 March 2015. 19 (3) NON-FEDERAL LAND.—The term ‘‘non-Fed- 20 eral land’’ means the land and trail easement to be 21 conveyed to the Secretary by BHI in the exchange 22 and is— 23 (A) approximately 320 acres of land within 24 the Pike National Forest, Teller County, Colo- 25 VerDate Sep 11 2014 04:27 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S36.IS S36 lotter on DSKBCFDHB2PROD with BILLS 3 •S 36 IS rado, as generally depicted on the map entitled 1 ‘‘Proposed Crags Land Exchange–Non-Federal 2 Parcel–Crags Property’’, dated March 2015; 3 and 4 (B) a permanent trail easement for the 5 Barr Trail in El Paso County, Colorado, as 6 generally depicted on the map entitled ‘‘Pro- 7 posed Crags Land Exchange–Barr Trail Ease- 8 ment to United States’’, dated March 2015, 9 and which shall be considered as a voluntary 10 donation to the United States by BHI for all 11 purposes of law. 12 (4) SECRETARY.—The term ‘‘Secretary’’ means 13 the Secretary of Agriculture, unless otherwise speci- 14 fied. 15 SEC. 4. LAND EXCHANGE. 16 (a) IN GENERAL.—If BHI offers to convey to the 17 Secretary all right, title, and interest of BHI in and to 18 the non-Federal land, the Secretary shall accept the offer 19 and simultaneously convey to BHI the Federal land. 20 (b) LAND TITLE.—Title to the non-Federal land con- 21 veyed and donated to the Secretary under this Act shall 22 be acceptable to the Secretary and shall conform to the 23 title approval standards of the Attorney General of the 24 VerDate Sep 11 2014 04:27 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S36.IS S36 lotter on DSKBCFDHB2PROD with BILLS 4 •S 36 IS United States applicable to land acquisitions by the Fed- 1 eral Government. 2 (c) PERPETUAL ACCESS EASEMENT TO BHI.—The 3 nonexclusive perpetual access easement to be granted to 4 BHI as shown on the map referred to in section 3(2) shall 5 allow— 6 (1) BHI to fully maintain, at BHI’s expense, 7 and use Forest Service Road 371 from its junction 8 with Forest Service Road 368 in accordance with 9 historic use and maintenance patterns by BHI; and 10 (2) full and continued public and administrative 11 access and use of FSR 371 in accordance with the 12 existing Forest Service travel management plan, or 13 as such plan may be revised by the Secretary. 14 (d) ROUTE AND CONDITION OF ROAD.—BHI and the 15 Secretary may mutually agree to improve, relocate, recon- 16 struct, or otherwise alter the route and condition of all 17 or portions of such road as the Secretary, in close con- 18 sultation with BHI, may determine advisable. 19 (e) EXCHANGE COSTS.—BHI shall pay for all land 20 survey, appraisal, and other costs to the Secretary as may 21 be necessary to process and consummate the exchange di- 22 rected by this Act, including reimbursement to the Sec- 23 retary, if the Secretary so requests, for staff time spent 24 in such processing and consummation. 25 VerDate Sep 11 2014 04:27 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S36.IS S36 lotter on DSKBCFDHB2PROD with BILLS 5 •S 36 IS SEC. 5. EQUAL VALUE EXCHANGE AND APPRAISALS. 1 (a) APPRAISALS.—The values of the lands to be ex- 2 changed under this Act shall be determined by the Sec- 3 retary through appraisals performed in accordance with— 4 (1) the Uniform Appraisal Standards for Fed- 5 eral Land Acquisitions; 6 (2) the Uniform Standards of Professional Ap- 7 praisal Practice; 8 (3) appraisal instructions issued by the Sec- 9 retary; and 10 (4) shall be performed by an appraiser mutually 11 agreed to by the Secretary and BHI. 12 (b) EQUAL VALUE EXCHANGE.—The values of the 13 Federal and non-Federal land parcels exchanged shall be 14 equal, or if they are not equal, shall be equalized as fol- 15 lows: 16 (1) SURPLUS OF FEDERAL LAND VALUE.—If 17 the final appraised value of the Federal land exceeds 18 the final appraised value of the non-Federal land 19 parcel identified in section 3(3)(A), BHI shall make 20 a cash equalization payment to the United States as 21 necessary to achieve equal value, including, if nec- 22 essary, an amount in excess of that authorized pur- 23 suant to section 206(b) of the Federal Land Policy 24 and Management Act of l976 (43 U.S.C. 1716(b)). 25 VerDate Sep 11 2014 04:27 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S36.IS S36 lotter on DSKBCFDHB2PROD with BILLS 6 •S 36 IS (2) USE OF FUNDS.—Any cash equalization 1 moneys received by the Secretary under paragraph 2 (1) shall be— 3 (A) deposited in the fund established under 4 Public Law 90–171 (commonly known as the 5 ‘‘Sisk Act’’; 16 U.S.C. 484a); and 6 (B) made available to the Secretary for the 7 acquisition of land or interests in land in Re- 8 gion 2 of the Forest Service. 9 (3) SURPLUS OF NON-FEDERAL LAND VALUE.— 10 If the final appraised value of the non-Federal land 11 parcel identified in section 3(3)(A) exceeds the final 12 appraised value of the Federal land, the United 13 States shall not make a cash equalization payment 14 to BHI, and surplus value of the non-Federal land 15 shall be considered a donation by BHI to the United 16 States for all purposes of law. 17 (c) APPRAISAL EXCLUSIONS.— 18 (1) SPECIAL USE PERMIT.—The appraised 19 value of the Federal land parcel shall not reflect any 20 increase or diminution in value due to the special 21 use permit existing on the date of the enactment of 22 this Act to BHI on the parcel and improvements 23 thereunder. 24 VerDate Sep 11 2014 04:27 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S36.IS S36 lotter on DSKBCFDHB2PROD with BILLS 7 •S 36 IS (2) BARR TRAIL EASEMENT.—The Barr Trail 1 easement donation identified in section 3(3)(B) shall 2 not be appraised for purposes of this Act. 3 SEC. 6. MISCELLANEOUS PROVISIONS. 4 (a) WITHDRAWAL PROVISIONS.— 5 (1) WITHDRAWAL.—Lands acquired by the Sec- 6 retary under this Act shall, without further action by 7 the Secretary, be permanently withdrawn from all 8 forms of appropriation and disposal under the public 9 land laws (including the mining and mineral leasing 10 laws) and the Geothermal Steam Act of 1930 (30 11 U.S.C. 1001 et seq.). 12 (2) WITHDRAWAL REVOCATION.—Any public 13 land order that withdraws the Federal land from ap- 14 propriation or disposal under a public land law shall 15 be revoked to the extent necessary to permit disposal 16 of the Federal land parcel to BHI. 17 (3) WITHDRAWAL OF FEDERAL LAND.—All 18 Federal land authorized to be exchanged under this 19 Act, if not already withdrawn or segregated from ap- 20 propriation or disposal under the public lands laws 21 upon enactment of this Act, is hereby so withdrawn, 22 subject to valid existing rights, until the date of con- 23 veyance of the Federal land to BHI. 24 VerDate Sep 11 2014 04:27 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S36.IS S36 lotter on DSKBCFDHB2PROD with BILLS 8 •S 36 IS (b) POSTEXCHANGE LAND MANAGEMENT.—Land ac- 1 quired by the Secretary under this Act shall become part 2 of the Pike-San Isabel National Forest and be managed 3 in accordance with the laws, rules, and regulations appli- 4 cable to the National Forest System. 5 (c) EXCHANGE TIMETABLE.—It is the intent of Con- 6 gress that the land exchange directed by this Act be con- 7 summated no later than one year after the date of the 8 enactment of this Act. 9 (d) MAPS, ESTIMATES, AND DESCRIPTIONS.— 10 (1) MINOR ERRORS.—The Secretary and BHI 11 may by mutual agreement make minor boundary ad- 12 justments to the Federal and non-Federal lands in- 13 volved in the exchange, and may correct any minor 14 errors in any map, acreage estimate, or description 15 of any land to be exchanged. 16 (2) CONFLICT.—If there is a conflict between a 17 map, an acreage estimate, or a description of land 18 under this Act, the map shall control unless the Sec- 19 retary and BHI mutually agree otherwise. 20 (3) AVAILABILITY.—Upon enactment of this 21 Act, the Secretary shall file and make available for 22 public inspection in the headquarters of the Pike- 23 VerDate Sep 11 2014 04:27 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S36.IS S36 lotter on DSKBCFDHB2PROD with BILLS 9 •S 36 IS San Isabel National Forest a copy of all maps re- 1 ferred to in this Act. 2 Æ VerDate Sep 11 2014 04:27 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\S36.IS S36 lotter on DSKBCFDHB2PROD with BILLS