PUBLIC LAW 108–346—OCT. 18, 2004 118 STAT. 1379

Public Law 108–346

108th Congress

An Act

To direct the Secretary of Agriculture to exchange certain lands in the Arapaho

and Roosevelt National Forests in the State of Colorado.

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 ‘‘Arapaho and Roosevelt National

Forests Land Exchange Act of 2004’’.

SEC. 2. LAND EXCHANGE, ARAPAHO AND ROOSEVELT NATIONAL FORESTS, COLORADO.

(a) CONVEYANCE BY CITY OF GOLDEN.—

(1) NON-FEDERAL LAND DESCRIBED.—The land exchange

directed by this section shall proceed if, not later than 30

days after the date of enactment of this Act, the City of Golden,

Colorado (referred to in this section as the ‘‘City’’), offers to

convey title acceptable to the Secretary of Agriculture (referred

to in this section as the ‘‘Secretary’’) to the following nonFederal land:

(A) Certain land located near the community of Evergreen in Park County, Colorado, comprising approximately

80 acres, as generally depicted on the map entitled ‘‘NonFederal Lands—Cub Creek Parcel’’, dated June 2003.

(B) Certain land located near Argentine Pass in Clear

Creek and Summit Counties, Colorado, comprising approximately 55.909 acres, as generally depicted on the map

entitled ‘‘Argentine Pass/Continental Divide Trail Lands’’,

dated September 2003.

(2) CONDITIONS OF CONVEYANCE.—

(A) VIDLER TUNNEL.—The conveyance of land under

paragraph (1)(B) to the Secretary shall be subject to the

continuing right of the City to permanently enter on, use,

and occupy so much of the surface and subsurface of the

land as reasonably is necessary to access, maintain, modify,

or otherwise use the Vidler Tunnel to the same extent

that the City would have had that right if the land had

not been conveyed to the Secretary and remained in City

ownership.

(B) ADVANCE APPROVAL.—The exercise of that right

shall not require the City to secure any permit or other

advance approval from the United States except to the

extent that the City would have been required had the

land not been conveyed to the Secretary and remained

in City ownership.

Deadline.

Arapaho and

Roosevelt

National Forests

Land Exchange

Act of 2004.

Oct. 18, 2004

[S. 2180]

118 STAT. 1380 PUBLIC LAW 108–346—OCT. 18, 2004

(C) WITHDRAWAL.—On acquisition by the Secretary,

the land is permanently withdrawn from all forms of entry

and appropriation under the public land laws (including

the mining and mineral leasing laws) and the Geothermal

Steam Act of 1970 (30 U.S.C. 1001 et seq.).

(b) FEDERAL LAND DESCRIBED.—On receipt of title to the nonFederal land identified in subsection (a) that is acceptable to the

Secretary, the Secretary shall simultaneously convey to the City

all right, title, and interest of the United States in and to certain

Federal land, comprising approximately 9.84 acres, as generally

depicted on the map entitled ‘‘Empire Federal Lands—Parcel 12’’,

dated June 2003.

(c) EQUAL VALUE EXCHANGE.—

(1) APPRAISAL.—

(A) IN GENERAL.—The values of the Federal land identified in subsection (b) and the non-Federal land identified

in subsection (a)(1)(A) shall be determined by the Secretary

through appraisals performed in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions

and the Uniform Standards of Professional Appraisal Practice.

(B) DONATION.—Except as provided in paragraph (3),

the conveyance of the non-Federal land identified in subsection (a)(1)(B) shall be considered a donation for all purposes of law.

(2) SURPLUS OF NON-FEDERAL VALUE.—If the final appraised

value (as approved by the Secretary) of the non-Federal land

identified in subsection (a)(1)(A) exceeds the final appraised

value (as approved by the Secretary) of the Federal land identified in subsection (b), the values may be equalized by—

(A) reducing the acreage of the non-Federal land identified in subsection (a)(1)(A) to be conveyed, as determined

appropriate and acceptable by the Secretary and the City;

(B) making a cash equalization payment to the City,

including a cash equalization payment in excess of the

amount authorized by section 206(b) of the Federal Land

Policy and Management Act of 1976 (43 U.S.C. 1716(b));

or

(C) a combination of acreage reduction and cash equalization.

(3) SURPLUS OF FEDERAL VALUE.—

(A) APPRAISAL.—If the final appraised value (as

approved by the Secretary) of the Federal land identified

in subsection (b) exceeds the final appraised value (as

approved by the Secretary) of the non-Federal land identified in subsection (a)(1)(A), the Secretary shall—

(i) conduct an appraisal in accordance with the

Uniform Appraisal Standards for Federal Land

Acquisitions and the Uniform Standards of Professional

Appraisal Practice for the non-Federal land to be conveyed pursuant to subsection (a)(1)(B); and

(ii) use the value to the extent necessary to

equalize the values of the non-Federal land identified

in subsection (a)(1)(A) and the Federal land identified

in subsection (b).

PUBLIC LAW 108–346—OCT. 18, 2004 118 STAT. 1381

(B) CASH EQUALIZATION PAYMENT.—If the Secretary

declines to accept the non-Federal land identified in subsection (a)(1)(B) for any reason or if the value of the Federal

land described in subsection (b) exceeds the value of all

of the non-Federal land described in subsection (a)(1), the

City may make a cash equalization payment to the Secretary, including a cash equalization payment in excess

of the amount authorized by section 206(b) of the Federal

Land Policy and Management Act of 1976 (43 U.S.C.

1716(b)).

(d) EXCHANGE COSTS.—The City shall pay for—

(1) any necessary land surveys; and

(2) the costs of the appraisals, on approval of the appraiser

and the issuance of appraisal instructions.

(e) TIMING AND INTERIM AUTHORIZATION.— (1) TIMING.—It is the intent of Congress that the land

exchange directed by this Act shall be completed not later

than 180 days after the date of enactment of this Act.

(2) INTERIM AUTHORIZATION.—Pending completion of the

land exchange, not later than 45 days after the date of enactment of this Act, subject to applicable law, the Secretary shall

authorize the City to construct approximately 140 feet of water

pipeline on or near the existing course of the Lindstrom ditch

through the Federal land identified in subsection (b).

(f) ALTERNATIVE SALE AUTHORITY.—

(1) IN GENERAL.—If the land exchange is not completed

for any reason, the Secretary shall sell the Federal land identified in subsection (b) to the City at the final appraised value

of the land, as approved by the Secretary.

(2) SISK ACT.—Public Law 90–171 (commonly known as

the ‘‘Sisk Act’’) (16 U.S.C. 484a) shall, without further appropriation, apply to any cash equalization payment received by

the United States under this section.

(g) INCORPORATION, MANAGEMENT, AND STATUS OF ACQUIRED

LAND.— (1) INCORPORATION.—Land acquired by the United States

under the land exchange shall become part of the Arapaho

and Roosevelt National Forests.

(2) BOUNDARY.—The exterior boundary of the Forests is

modified, without further action by the Secretary, as necessary

to incorporate—

(A) the non-Federal land identified in subsection (a);

and

(B) approximately an additional 80 acres as depicted

on the map entitled ‘‘Arapaho and Roosevelt National

Forest Boundary Adjustment—Cub Creek’’, dated June

2003.

(3) ADMINISTRATION.—On acquisition, land or interests in

land acquired under this section shall be administered in

accordance with the laws (including rules and regulations) generally applicable to the National Forest System.

(4) LAND AND WATER CONSERVATION FUND.—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 Arapaho

and Roosevelt National Forests (as adjusted by this subsection)

shall be deemed to be the boundaries of the Forests as of

January 1, 1965.

Applicability.

Deadlines.

118 STAT. 1382 PUBLIC LAW 108–346—OCT. 18, 2004

LEGISLATIVE HISTORY—S. 2180 (H.R. 2766):

HOUSE REPORTS: No. 108–329 accompanying H.R. 2766 (Comm. on Resources).

SENATE REPORTS: No. 108–285 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD, Vol. 150 (2004):

Sept. 15, considered and passed Senate.

Sept. 28, considered and passed House.

Æ

(h) TECHNICAL CORRECTIONS.—The Secretary, with the agreement of the City, may make technical corrections or correct clerical

errors in the maps referred to in this section.

(i) REVOCATION OF ORDERS AND WITHDRAWAL.— (1) REVOCATION OF ORDERS.—Any public orders withdrawing any of the Federal land identified in subsection (b)

from appropriation or disposal under the public land laws are

revoked to the extent necessary to permit disposal of the Federal land.

(2) WITHDRAWAL.—On the date of enactment of this Act,

if not already withdrawn or segregated from entry and appropriation under the public land laws (including the mining and

mineral leasing laws) and the Geothermal Steam Act of 1970

(30 U.S.C. 1001 et seq.), the Federal land identified in subsection (b) is withdrawn until the date of the conveyance of

the Federal land to the City.

Approved October 18, 2004.