S.Amdt. 3092Senate115th Congress (2017-2019)
S.Amdt. 3092
Sponsored by
Sen. Michael F. Bennet (D-CO)
Submitted June 26, 2018
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Senate amendment submitted
June 26, 2018
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Submitted
SA 3092. Mr. BENNET (for himself and Mr. Gardner) submitted an amendment intended to be proposed by him to the bill H.R. 2, to provide for the reform and continuation of agricultural and other programs of the Department of Agriculture through fiscal year 2023, and for other purposes; which was ordered to lie on the table; as follows: At the end of part II of subtitle F of title VIII, add the following: SEC. 8635. PIKE NATIONAL FOREST LAND EXCHANGE. (a) Purposes.--The purposes of this section 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. (b) Definitions.--In this section: (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 nonexclusive 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. (c) Land Exchange.-- (1) 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. (2) Land title.--Title to the non-Federal land conveyed and donated to the Secretary under this section 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. (3) Perpetual access easement to bhi.--The nonexclusive perpetual access easement to be granted to BHI as shown on the map referred to in subsection (b)(2) shall allow-- (A) 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 (B) 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. (4) 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. (5) 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 [[Page S4417]] this section, including reimbursement to the Secretary, if the Secretary so requests, for staff time spent in such processing and consummation. (d) Equal Value Exchange and Appraisals.-- (1) Appraisals.--The values of the lands to be exchanged under this section shall be determined by the Secretary through appraisals performed in accordance with-- (A) the Uniform Appraisal Standards for Federal Land Acquisitions; (B) the Uniform Standards of Professional Appraisal Practice; (C) appraisal instructions issued by the Secretary; and (D) shall be performed by an appraiser mutually agreed to by the Secretary and BHI. (2) 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: (A) 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 subsection (b)(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 l976 (43 U.S.C. 1716(b)). (B) Use of funds.--Any cash equalization moneys received by the Secretary under subparagraph (A) shall be-- (i) deposited in the fund established under Public Law 90- 171 (commonly known as the ``Sisk Act''; 16 U.S.C. 484a); and (ii) made available to the Secretary for the acquisition of land or interests in land in Region 2 of the Forest Service. (C) Surplus of non-federal land value.--If the final appraised value of the non-Federal land parcel identified in subsection (b)(3)(A) 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. (3) Appraisal exclusions.-- (A) 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. (B) Barr trail easement.--The Barr Trail easement donation identified in subsection (b)(3)(B) shall not be appraised for purposes of this section. (e) Miscellaneous Provisions.-- (1) Withdrawal provisions.-- (A) Withdrawal.--Lands acquired by the Secretary under this section 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.). (B) 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. (C) Withdrawal of federal land.--All Federal land authorized to be exchanged under this section, 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. (2) Postexchange land management.--Land acquired by the Secretary under this section 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. (3) Exchange timetable.--It is the intent of Congress that the land exchange directed by this section be consummated no later than one year after the date of the enactment of this Act. (4) Maps, estimates, and descriptions.-- (A) 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. (B) Conflict.--If there is a conflict between a map, an acreage estimate, or a description of land under this section, the map shall control unless the Secretary and BHI mutually agree otherwise. (C) 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 section. SEC. 8636. BOLTS DITCH ACCESS. (a) Access Granted.--The Secretary shall permit by special use authorization nonmotorized access and use, in accordance with section 293.6 of title 36, Code of Federal Regulations, of the Bolts Ditch Headgate and the Bolts Ditch within the Holy Cross Wilderness, Colorado, as designated by Public Law 96-560, for the purposes of the diversion of water and use, maintenance, and repair of such ditch and headgate by the Town of Minturn, Colorado, a Colorado Home Rule Municipality. (b) Location of Facilities.--The Bolts Ditch headgate and ditch segment referenced in subsection (a) are as generally depicted on the map entitled ``Bolts Ditch headgate and Ditch Segment'', dated November, 2015. SEC. 8637. LAND CONVEYANCE, ELKHORN RANCH AND WHITE RIVER NATIONAL FOREST, COLORADO. (a) Land Conveyance Required.--Consistent with the purpose of the Act of March 3, 1909 (43 U.S.C. 772), all right, title, and interest of the United States (subject to subsection (b)) in and to a parcel of land consisting of approximately 148 acres as generally depicted on the map entitled ``Elkhorn Ranch Land Parcel-White River National Forest'' and dated March 2015 shall be conveyed by patent to the Gordman-Leverich Partnership, a Colorado Limited Liability Partnership (in this section referred to as ``GLP''). (b) Existing Rights.--The conveyance under subsection (a)-- (1) is subject to the valid existing rights of the lessee of Federal oil and gas lease COC-75070 and any other valid existing rights; and (2) shall reserve to the United States the right to collect rent and royalty payments on the lease referred to in paragraph (1) for the duration of the lease. (c) Existing Boundaries.--The conveyance under subsection (a) does not modify the exterior boundary of the White River National Forest or the boundaries of Sections 18 and 19 of Township 7 South, Range 93 West, Sixth Principal Meridian, Colorado, as such boundaries are in effect on the date of the enactment of this Act. (d) Time for Conveyance; Payment of Costs.--The conveyance directed under subsection (a) shall be completed not later than 180 days after the date of the enactment of this Act. The conveyance shall be without consideration, except that all costs incurred by the Secretary of the Interior relating to any survey, platting, legal description, or other activities carried out to prepare and issue the patent shall be paid by GLP to the Secretary prior to the land conveyance. SEC. 8638. MAP UPDATE; MAXIMUM ACREAGE AVAILABLE FOR INCLUSION IN THE FLORISSANT FOSSIL BEDS NATIONAL MONUMENT. The first section of Public Law 91-60 (83 Stat. 101) is amended-- (1) by striking ``entitled `Proposed Florissant Fossil Beds National Monument', numbered NM-FFB-7100, and dated March 1967, and more particularly described by metes and bounds in an attachment to that map,'' and inserting ``entitled `Florissant Fossil Beds National Monument Proposed Boundary Adjustment', numbered 171/132,544, and dated May 3, 2016,''; and (2) by striking ``six thousand acres'' and inserting ``6,300 acres''. SEC. 8639. ARAPAHO NATIONAL FOREST BOUNDARY ADJUSTMENT. (a) In General.--The boundary of the Arapaho National Forest in the State of Colorado is adjusted to incorporate the approximately 92.95 acres of land generally depicted as ``The Wedge'' on the map entitled ``Arapaho National Forest Boundary Adjustment'' and dated November 6, 2013, and described as lots three, four, eight, and nine of section 13, Township 4 North, Range 76 West, Sixth Principal Meridian, Colorado. A lot described in this subsection may be included in the boundary adjustment only after the Secretary obtains written permission for such action from the lot owner or owners. (b) Bowen Gulch Protection Area.--The Secretary shall include all Federal land within the boundary described in subsection (a) in the Bowen Gulch Protection Area established under section 6 of the Colorado Wilderness Act of 1993 (16 U.S.C. 539j). (c) Land and Water Conservation Fund.--For purposes of section 200306(a)(2)(B)(i) of title 54, United States Code, the boundaries of the Arapaho National Forest, as modified under subsection (a), shall be considered to be the boundaries of the Arapaho National Forest as in existence on January 1, 1965. (d) Public Motorized Use.--Nothing in this section opens privately owned lands within the boundary described in subsection (a) to public motorized use. (e) Access to Non-Federal Lands.--Notwithstanding the provisions of section 6(f) of the Colorado Wilderness Act of 1993 (16 U.S.C. 539j(f)) regarding motorized travel, the owners of any non-Federal lands within the boundary described in subsection (a) who historically have accessed their lands through lands now or hereafter owned by the United States within the boundary described in subsection (a) shall have the continued right of motorized access to their lands across the existing roadway. SEC. 8640. DESIGNATION OF FOWLER PEAK AND BOSKOFF PEAK, COLORADO. (a) Findings.--Congress finds that-- (1) Charlie Fowler was-- (A) one of the most experienced mountain climbers in North America, having successfully climbed many of the highest peaks in the world; (B) an author, guide, filmmaker, photographer, and wilderness advocate; (C) the recipient of the 2004 Robert and Miriam Underhill Award from the American Alpine Club, an award that-- (i) honors outstanding mountaineering achievement; and (ii) is awarded annually to climbers who have ``demonstrated the highest level of skill in mountaineering and who, through the application of this skill, courage, and perseverance, have achieved outstanding success in the various fields of mountaineering''; and (D) a summiter of several 8,000-meter peaks, specifically-- [[Page S4418]] (i) Everest; (ii) Cho Oyu; and (iii) Shishapangma; (2) Christine Boskoff-- (A) was one of the leading female alpinists in the United States, having climbed 6 of the 14 mountain peaks in the world that are higher than 8,000 meters, specifically-- (i) Everest; (ii) Cho Oyu; (iii) Gasherbrum II; (iv) Lhotse; (v) Shishapangma; and (vi) Broad Peak; (B) gave countless hours to nonprofit organizations that supported-- (i) the rights of porters and Sherpas; (ii) the education of women; and (iii) global literacy and gender equality; and (C) was recognized by the education communities in the United States and Nepal as a role model for students; (3) Charlie Fowler and Christine Boskoff were long-time residents of San Miguel County, Colorado, and champions for the pristine backcountry of Colorado; (4) Charlie Fowler and Christine Boskoff died in an avalanche in November 2006 while attempting to summit Genyen Peak in Tibet; (5) 2 unnamed 13,000-foot peaks located west of Wilson Peak on the boundary of San Miguel and Dolores Counties, Colorado, offer spectacular recreational climbing and hiking opportunities; and (6) the local community in the vicinity of the peaks described in paragraph (5) and fellow climbers propose to honor and commemorate Charlie Fowler and Christine Boskoff by naming the peaks after Charlie Fowler and Christine Boskoff. (b) Designation of Fowler Peak.-- (1) In general.--The 13,498-foot mountain peak, located at 37.8569 N, by -108.0117W, in the Uncompahgre National Forest in the State of Colorado, shall be known and designated as ``Fowler Peak''. (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the peak described in paragraph (1) shall be deemed to be a reference to ``Fowler Peak''. (c) Designation of Boskoff Peak.-- (1) In general.--The 13,123-foot mountain peak, located at 37.85549 N, by -108.03112 W, in the Uncompahgre National Forest in the State of Colorado, shall be known and designated as ``Boskoff Peak''. (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the peak described in paragraph (1) shall be deemed to be a reference to ``Boskoff Peak''. SEC. 8641. CONVEYANCE OF WEST FORK FIRE STATION CONVEYANCE PARCEL, DOLORES COUNTY, COLORADO. (a) Definitions.--In this section: (1) County.--The term ``County'' means Dolores County, Colorado. (2) West fork fire station conveyance parcel.--The term ``West Fork Fire Station Conveyance Parcel'' means the parcel of approximately 3.61 acres of National Forest System land in the County, as depicted on the map entitled ``Map for West Fork Fire Station Conveyance Parcel'' and dated November 21, 2017. (b) Conveyance.--On receipt of a request from the County and subject to such terms and conditions as are mutually satisfactory to the Secretary and the County, including such additional terms as the Secretary determines to be necessary, the Secretary shall convey to the County without consideration all right, title, and interest of the United States in and to the West Fork Fire Station Conveyance Parcel. (c) Costs.--Any costs relating to the conveyance under subsection (b), including processing and transaction costs, shall be paid by the County. (d) Use of Land.--The land conveyed to the County under subsection (b) shall be used by the County only for a fire station, related infrastructure, and roads to facilitate access to and through the West Fork Fire Station Conveyance Parcel. (e) Reversion.--If any portion of the land conveyed under subsection (b) is used in a manner that is inconsistent with the use described in subsection (d), the land shall, at the discretion of the Secretary, revert to the United States. ______