I
111th CONGRESS
2d Session
H. R. 5059
IN THE HOUSE OF REPRESENTATIVES
April 15, 2010
Mr. Salazar (for himself, Mr. Thompson of California, and Mr. Matheson) introduced the following bill; which was referred to the Committee on Natural Resources
A BILL
To provide for certain land exchanges in Gunnison County, Colorado, and Uintah County, Utah.
Short title
This Act may be cited as the
Central Rockies Land Exchange and
National Park System Enhancement Act of 2010
.
Purposes
The purposes of this Act are—
to authorize, direct, expedite, and facilitate two land exchanges in central Colorado and eastern Utah;
to enhance the National Park System by National Park Service acquisition of important lands in Colorado and Utah;
to protect the open space and natural values of certain lands conveyed out of Federal ownership through a permanent conservation easement; and
to provide for improved public access to certain lands in Gunnison County, Colorado.
Definitions
In this Act:
Bear ranch
The term Bear Ranch means the Bear Ranch, LLC, a Colorado Limited Liability Corporation.
Darien ranch
The term Darien Ranch means the ranch operated by Larry and Dana Darien of 2880 County Road 3, Marble, Colorado.
Federal land
The term Federal land means the land or right-of-way to be conveyed by the United States in the land exchanges under this Act.
Non-federal land
The term non-Federal land means land to be conveyed to the United States in the land exchanges under this Act.
Secretary concerned
The term Secretary concerned means the Secretary of the Interior or Secretary of Agriculture, as appropriate.
Bear Ranch and Department of the Interior Land Exchange, Gunnison County, Colorado, and Uintah County, Utah
Land exchange required
If the Bear Ranch offers to convey to the Secretary of the Interior all right, title, and interest of the Bear Ranch in and to the non-Federal parcels identified in subsection (b) for inclusion in the National Park System—
the Secretary of the Interior shall accept the offer; and
the Secretary of the Interior and
Agriculture shall simultaneously convey to the Bear Ranch all right, title, and
interest of the United States in and to approximately 1,846 acres of Federal
land under the jurisdiction of the Bureau of Land Management or the United
States Forest Service, as applicable, comprising separate land parcels, as
generally depicted and numbered on a map entitled Central Rockies Land
Exchange—Federal Parcels 1–6—Bear Ranch
and dated February 2010.
Non-Federal land described
The non-Federal land to be conveyed under this section consists of—
approximately 911
acres of land within the Curecanti National Recreation Area in Gunnison County,
Colorado, and generally depicted on the map entitled Central Rockies
Land Exchange—Non-Federal parcel—Sapinero Mesa
and dated February 2010;
and
approximately 80 acres of land within
Dinosaur National Monument in Uintah County, Utah, and generally depicted on a
map entitled Central Rockies Land Exchange—Non-Federal parcel—Orchid
Draw
and dated February 2010.
Land title
Title to the non-Federal land conveyed to the Secretary of the Interior 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.
Darien Ranch and Forest Service Land Exchange, Gunnison County, Colorado
Land exchange required
If the Darien Ranch
offers to convey all right, title, and interest of the Darien Ranch in and to
the approximately 0.42 acres of non-Federal land in Gunnison County, Colorado,
as generally depicted on the map entitled Central Rockies Land
Exchange—Non-Federal parcel—Lily Lake Trailhead
and dated February
2010, the Secretary of Agriculture shall—
accept the offer; and
upon receipt of the non-Federal land,
simultaneously convey to the Darien Ranch a permanent right-of-way no more than
200 feet in width for a water intake on Rapid Creek and water pipeline (and
access to such water intake and pipeline) generally running along an existing
irrigation ditch from Rapid Creek to private land on the route generally
depicted on a map entitled Central Rockies Land Exchange—Darien Ranch
Right-of-Way
and dated February 2010.
Land title
Title to the non-Federal land conveyed to the Secretary of Agriculture 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.
Equal value exchange and appraisals
Equal value exchange
In general
The values of the Federal and non-Federal land in each separate land exchange under this Act shall be equal. If the values are not equal in one or both of the land exchanges, the values of the Federal and non-Federal land at issue shall be equalized in the manner provided by this subsection.
Surplus of federal land value
If the final appraised value of the Federal land in a land exchange under this Act exceeds the final appraised value of the non-Federal land in that exchange, the non-Federal party in that exchange shall make a cash equalization payment to the Secretary concerned 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)).
Surplus of non-federal land value
If the final appraised value of the non-Federal land in a land exchange under this Act exceeds the final appraised value of the Federal land in that exchange—
the United States shall not make a cash equalization payment to the non-Federal party in that exchange; and
the surplus value of the non-Federal land shall be considered a donation by the non-Federal party in that exchange to the United States.
Use of cash equalization payment
Department of the interior
Any cash equalization payment received by the Secretary of the Interior under subsection (a) shall be deposited in the Federal Land Disposal Account established pursuant to the Federal Land Transaction Facilitation Act (43 U.S.C. 2301 et seq.) and shall be available for use by the Bureau of Land Management, without further appropriation, for the acquisition of lands or interests in land from willing sellers in Gunnison County, Colorado, or lands within the area managed by the Uncompahgre Field Office of the Bureau of Land Management.
Forest service
Any cash equalization payment received by the Secretary of Agriculture under subsection (a) shall be deposited in the fund established by Public Law 90–171 (commonly known as the Sisk Act; 16 U.S.C. 484a).
Appraisals
Performance standards
The values of the lands to be exchanged shall be determined by the Secretary concerned through concurrent appraisals performed in accordance with—
the Uniform Appraisal Standards for Federal Land Acquisitions;
the Uniform Standards of Professional Appraisal Practice (USPAP); and
appraisal instructions issued by the Secretary concerned.
Appraiser selection
The appraisals shall be performed by an appraiser mutually agreed to by the Secretary concerned and the Bear Ranch or Darien Ranch, as applicable.
Availability to public
After reviewing and approving the appraisals, but before consummating an exchange, the Secretary concerned shall make a summary of the appraisals available for public review.
Appraisal exclusion
The appraisal of the Federal land parcels under this Act shall not reflect any diminution in value due to the conservation easement requirements of section 7(a), which conservation easement shall be considered a donation for all purposes of law.
Appraisal of parcel
If the Secretary of the Interior and Secretary of Agriculture determine it appropriate, the Secretary of the Interior may determine the value of Federal Parcel 6—Bear Ranch, as identified on the map referenced in subsection 4(a).
Miscellaneous provisions
Conservation easements
As a condition of the land exchange under section 4, and before consummating the exchange, the Bear Ranch shall deliver to the Secretary an executed document granting a permanent conservation easement on Federal Parcels 1–5, Bear Ranch, as identified on the map referenced in section 4(a) to a qualified unit of government or organization as specified in section 170(h) of the Internal Revenue Code of 1986. The conservation easement shall limit future use of the Federal land parcels to agricultural, recreational, open space, and wildlife conservation purposes.
Withdrawal provisions
Withdrawal
Without further action by the Secretary concerned, lands acquired by the United States under this Act shall 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.).
Withdrawal revocation
Any public land order that withdraws the Federal lands from appropriation or disposal under a public land law shall be revoked to the extent necessary to permit disposal of the Federal land parcels in the exchanges under this Act.
Withdrawal of federal land
All Federal land to be exchanged under this Act, if not already withdrawn or segregated from appropriation or disposal under the public land 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 the Bear Ranch or Darien Ranch, as applicable; or
such time as the Secretary concerned and the non-Federal party may determine not to proceed with the exchange concerned.
Postexchange land management
Department of the interior
Land acquired by the Secretary of the Interior under section 4 shall become part of the Curecanti National Recreation Area or Dinosaur National Monument, as applicable, and shall be managed by the National Park Service in accordance with the laws, rules, and regulations applicable to the unit.
Forest service
Land acquired by the Secretary of Agriculture under section 5 shall become part of the unit of the National Forest System within which the land is located and shall be administered in accordance with the laws, rules, and regulations applicable to the National Forest System. 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 unit of the National Forest System in which the land is located shall be deemed to be the boundaries of that unit as of January 1, 1965.
Bear ranch area access
Travel management plan
Not later
than 3 years after consummating the land exchange under section 4, the
Secretary concerned shall prepare and implement a travel management plan in
consultation with Gunnison County, Colorado, for the design, construction,
improvement, replacement, or other siting of roads, trails, and trailheads in
the area shown as the Planning Area
on the map entitled
Central Rockies Land Exchange—Anthracite-Spring Creek Travel Planning
Area
and dated February 2010. Such plan—
may incorporate any travel management plans, or applicable provisions thereof, that cover the Travel Planning Area and may have already been completed by the Secretary concerned;
may, at the discretion of the Secretary concerned, update any existing plans to provide for any enhanced public access, roads, trails, and trailheads as may be enabled by the funding under paragraph (3); and
shall determine, in consultation with Gunnison County, whether the reservation of paragraph (2)(B) should be terminated because adequate or preferable replacement access is to be provided under this paragraph.
Interim access
The conveyance of Federal parcel 1 to the Bear Ranch pursuant to section 4 shall be subject to—
the existing right-of-way for Gunnison County Road 2 as shown on the map depicted in paragraph (1); and
a reservation of nonmotorized public access from County Road 2 to the Deep Creek area as shown on the map referenced in paragraph (1).
Access funding
In general
Before the consummation of the land exchange under section 4, the Bear Ranch shall deposit with the Secretary of the Interior the sum of $50,000, which may be used by the Secretary of the Interior and the Secretary of Agriculture, as they jointly determine appropriate, without further appropriation, for road, trail, and trailhead work and purposes specified in paragraph (1).
Effect of plan
If the plan under paragraph (1) determines that the paragraph (2)(B) reservation should be terminated, the Bear Ranch shall pay to the Secretary of the Interior an additional sum of $200,000, which may be utilized by the Secretary of the Interior and the Secretary of Agriculture, as they jointly determine appropriate, without further appropriation, for paragraph (1) road, trail, and trailhead work and purposes. Upon completion of such work, the paragraph (2)(B) reservation shall be terminated.
Exchange timetable
It is the intent of Congress that the land exchanges directed by this Act be consummated not later than 1 year after the date of the enactment of this Act.
Maps, estimates, and descriptions
Minor errors
The Secretary concerned and the Bear Ranch or Darien Ranch may by mutual agreement make minor boundary adjustments to any land parcel or the right-of-way involved in the exchange concerned, and may correct any minor errors in any map, acreage estimate, or description of any land or right-of-way to be exchanged.
Conflict
If there is a conflict between a map, an acreage estimate, or a description of any land or right-of-way under this Act, the map shall control unless the Secretary concerned and the Bear Ranch or Darien Ranch mutually agree otherwise.
Availability
The Secretary concerned shall file and make available for public inspection in the appropriate field offices of the Bureau of Land Management, the Curecanti National Recreation Area, Dinosaur National Monument, and White River and Gunnison National Forests a copy of the pertinent maps referred to in this Act.