,,ii #aafth ,,congress #ast ,session ,s4 #cf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #h1 #bjai,mr4 ,gardner 7for himself and ,mr4 ,bennet7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to authorize1 direct1 expedite1 and facilitate a land exchange in ,el ,paso and ,teller ,counties1 ,colorado1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,crags1 ,colorado ,land ,exchange ,act 4 #b4 ,purposes ,the purposes of this ,act are-- 7#a7 to authorize1 direct1 expedite and facilitate the land exchange set forth herein2 and 7#b7 to promote enhanced public outdoor recreational and natural resource conservation opportunities in the ,pike ,national ,forest near ,pikes ,peak1 ,colorado1 via acquisition of the non-,federal land and trail easement4 #c4 ,definitions ,in this ,act3 7#a7 ,,bhi ,the term ,,bhi means ,broadmoor ,hotel1 ,inc41 a ,colorado corporation4 7#b7 ,federal land ,the term ,federal land means all right1 title1 and interest of the ,united ,states in and to approximately #hc acres of land within the ,pike ,national ,forest1 ,el ,paso ,county1 ,colorado1 together with a nonexclusive perpetual access easement to ,,bhi to and from such land on ,forest ,service ,road #cga1 as generally depicted on the map entitled ,proposed ,crags ,land ,exchange-,federal ,parcel-,emerald ,valley ,ranch1 dated ,march #bjae4 7#c7 ,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-- 7,a7 approximately #cbj acres of land within the ,pike ,national ,forest1 ,teller ,county1 ,colorado1 as generally depicted on the map entitled ,proposed ,crags ,land ,exchange-,non-,federal ,parcel-,crags ,property1 dated ,march #bjae2 and 7,b7 a permanent trail easement for the ,barr ,trail in ,el ,paso ,county1 ,colorado1 as generally depicted on the map entitled ,proposed ,crags ,land ,exchange-,barr ,trail ,easement to ,united ,states1 dated ,march #bjae1 and which shall be considered as a voluntary donation to the ,united ,states by ,,bhi for all purposes of law4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture1 unless otherwise specified4 #d4 ,land exchange 7a7 ,in general ,if ,,bhi offers to convey to the ,secretary all right1 title1 and interest of ,,bhi in and to the non-,federal land1 the ,secretary shall accept the offer and simultaneously convey to ,,bhi the ,federal land4 7b7 ,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 ,government4 7c7 ,perpetual access easement to ,,bhi ,the nonexclusive perpetual access easement to be granted to ,,bhi as shown on the map referred to in section #c7b7 shall allow-- 7#a7 ,,bhi to fully maintain1 at ,,bhi's expense1 and use ,forest ,service ,road #cga from its junction with ,forest ,service ,road #cfh in accordance with historic use and maintenance patterns by ,,bhi2 and 7#b7 full and continued public and administrative access and use of ,,fsr #cga in accordance with the existing ,forest ,service travel management plan1 or as such plan may be revised by the ,secretary4 7d7 ,route and condition of road ,,bhi and the ,secretary may mutually agree to improve1 relocate1 reconstruct1 or otherwise alter the route and condition of all or portions of such road as the ,secretary1 in close consultation with ,,bhi1 may determine advisable4 7e7 ,exchange costs ,,bhi shall pay for all land survey1 appraisal1 and other costs to the ,secretary as may be necessary to process and consummate the exchange directed by this ,act1 including reimbursement to the ,secretary1 if the ,secretary so requests1 for staff time spent in such processing and consummation4 #e4 ,equal value exchange and appraisals 7a7 ,appraisals ,the values of the lands to be exchanged under this ,act shall be determined by the ,secretary through appraisals performed in accordance with-- 7#a7 the ,uniform ,appraisal ,standards for ,federal ,land ,acquisitions2 7#b7 the ,uniform ,standards of ,professional ,appraisal ,practice2 7#c7 appraisal instructions issued by the ,secretary2 and 7#d7 shall be performed by an appraiser mutually agreed to by the ,secretary and ,,bhi4 7b7 ,equal value exchange ,the values of the ,federal and non-,federal land parcels exchanged shall be equal1 or if they are not equal1 shall be equalized as follows3 7#a7 ,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 #c7c77;,a71 ,,bhi shall make a cash equalization payment to the ,united ,states as necessary to achieve equal value1 including1 if necessary1 an amount in excess of that authorized pursuant to section #bjf7;b7 of the ,federal ,land ,policy and ,management ,act of l#igf 7#dc ,u4,s4,c4 #agaf7;b774 7#b7 ,use of funds ,any cash equalization moneys received by the ,secretary under paragraph 7#a7 shall be-- 7,a7 deposited in the fund established under ,public ,law #ij-aga 7commonly known as the ,sisk ,act2 #af ,u4,s4,c4 #dhd;a72 and 7,b7 made available to the ,secretary for the acquisition of land or interests in land in ,region #b of the ,forest ,service4 7#c7 ,surplus of non-,federal land value ,if the final appraised value of the non-,federal land parcel identified in section #c7c77;,a7 exceeds the final appraised value of the ,federal land1 the ,united ,states shall not make a cash equalization payment to ,,bhi1 and surplus value of the non-,federal land shall be considered a donation by ,,bhi to the ,united ,states for all purposes of law4 7c7 ,appraisal exclusions 7#a7 ,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 thereunder4 7#b7 ,barr ,trail easement ,the ,barr ,trail easement donation identified in section #c7c77;,b7 shall not be appraised for purposes of this ,act4 #f4 ,miscellaneous provisions 7a7 ,withdrawal provisions 7#a7 ,withdrawal ,lands acquired by the ,secretary under this ,act shall1 without further action by the ,secretary1 be permanently withdrawn from all forms of appropriation and disposal under the public land laws 7including the mining and mineral leasing laws7 and the ,geothermal ,steam ,act of #aicj 7#cj ,u4,s4,c4 #ajja et seq474 7#b7 ,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 ,,bhi4 7#c7 ,withdrawal of ,federal land ,all ,federal land authorized to be exchanged under this ,act1 if not already withdrawn or segregated from appropriation or disposal under the public lands laws upon enactment of this ,act1 is hereby so withdrawn1 subject to valid existing rights1 until the date of conveyance of the ,federal land to ,,bhi4 7b7 ,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 laws1 rules1 and regulations applicable to the ,national ,forest ,system4 7c7 ,exchange timetable ,it is the intent of ,congress that the land exchange directed by this ,act be consummated no later than one year after the date of the enactment of this ,act4 7d7 ,maps1 estimates1 and descriptions 7#a7 ,minor errors ,the ,secretary and ,,bhi may by mutual agreement make minor boundary adjustments to the ,federal and non-,federal lands involved in the exchange1 and may correct any minor errors in any map1 acreage estimate1 or description of any land to be exchanged4 7#b7 ,conflict ,if there is a conflict between a map1 an acreage estimate1 or a description of land under this ,act1 the map shall control unless the ,secretary and ,,bhi mutually agree otherwise4 7#c7 ,availability ,upon enactment of this ,act1 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 ,act4