108TH CONGRESS

1ST SESSION H. R. 2766

AN ACT

To direct the Secretary of Agriculture to exchange

certain lands in the Arapaho and Roosevelt National Forests in the State of Colorado.

108TH CONGRESS

1ST SESSION H. R. 2766

AN ACT

To direct the Secretary of Agriculture to exchange certain

lands in the Arapaho and Roosevelt National Forests

in the State of Colorado.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Arapaho and Roosevelt

3 National Forests Land Exchange Act of 2003’’.

4 SEC. 2. FINDINGS.

5 The Congress finds the following:

6 (1) Certain National Forest System lands near

7 Empire, Colorado, are needed by the city of Golden,

8 Colorado, to facilitate the construction of a water

9 pipeline to transport domestic water supplies into

10 storage for the city and its residents.

11 (2) Such National Forest System lands, com12 prising approximately 9.84 acres in total, are of lim13 ited utility for public administration or recreation

14 and other use by virtue of their largely steep terrain,

15 irregular boundary, and lack of easy public access.

16 (3) The city of Golden owns, or has an option

17 to purchase, several parcels of non-Federal land

18 comprising a total of approximately 141 acres near

19 Evergreen and Argentine Pass, Colorado, which it is

20 willing to convey to the United States for addition

21 to the Arapaho and Roosevelt National Forests.

22 (4) The non-Federal lands owned or optioned

23 by the city of Golden, if conveyed to the United

24 States, will eliminate inholdings in the National For25 est System, result in administrative cost savings to

26 the United States by reducing costs of forest bound-
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1 ary administration, and provide the United States

2 with environmental and public recreational use bene3 fits (including enhanced Federal land ownership

4 along the Continental Divide National Scenic Trail)

5 that greatly exceed the benefits of the Federal land

6 the United States will convey in exchange.

7 (5) It is in the public interest to authorize, di8 rect, expedite, and facilitate completion of a land ex9 change involving these Federal and non-Federal

10 lands to assist the city of Golden in providing addi11 tional water to its residents and to acquire valuable

12 non-Federal lands for permanent public use and en13 joyment.

14 SEC. 3. LAND EXCHANGE, ARAPAHO AND ROOSEVELT NA15 TIONAL FORESTS, COLORADO.

16 (a) CONVEYANCE BY THE CITY OF GOLDEN.—

17 (1) LANDS DESCRIBED.—The land exchange di18 rected by this section shall proceed if, within 30

19 days after the date of the enactment of this Act, the

20 city of Golden, Colorado (in the section referred to

21 as the ‘‘City’’), offers to convey title acceptable to

22 the United States to the following non-Federal

23 lands:

24 (A) Certain lands located near the commu25 nity of Evergreen in Park County, Colorado,
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1 comprising approximately 80 acres, as generally

2 depicted on a map entitled ‘‘Non-Federal

3 Lands—Cub Creek Parcel’’, dated June, 2003.

4 (B) Certain lands located near Argentine

5 Pass in Clear Creek and Summit Counties, Col6 orado, comprising approximately 55.909 acres

7 in 14 patented mining claims, as generally de8 picted on a map entitled ‘‘Argentine Pass/Con9 tinental Divide Trail Lands’’, dated September

10 2003.

11 (2) CONDITIONS OF CONVEYANCE.—The con12 veyance of lands under paragraph (1) to the United

13 States shall be subject to the absolute right of the

14 City to permanently enter upon, utilize, and occupy

15 so much of the surface and subsurface of the lands

16 as may be reasonably necessary to access, maintain,

17 repair, modify, make improvements in, or otherwise

18 utilize the Vidler Tunnel to the same extent that the

19 City would have had such right if the lands had not

20 been conveyed to the United States and remained in

21 City ownership. The exercise of such right shall not

22 require the City to secure any permit or other ad23 vance approval from the United States. Upon acqui24 sition by the United States, such lands are hereby

25 permanently withdrawn from all forms of entry and
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1 appropriation under the public land laws, including

2 the mining and mineral leasing laws, and the Geo3 thermal Steam Act of l970 (30 U.S.C. 1001 et seq.).

4 (b) CONVEYANCE BY UNITED STATES.—Upon re5 ceipt of acceptable title to the non-Federal lands identified

6 in subsection (a), the Secretary of Agriculture shall simul7 taneously convey to the City all right, title and interest

8 of the United States in and to certain Federal lands, com9 prising approximately 9.84 acres, as generally depicted on

10 a map entitled ‘‘Empire Federal Lands—Parcel 12’’,

11 dated June 2003.

12 (c) EQUAL VALUE EXCHANGE.—

13 (1) APPRAISAL.—The values of the Federal

14 lands identified in subsection (b) and the non-Fed15 eral lands identified in subsection (a)(1)(A) shall be

16 determined by the Secretary through appraisals per17 formed in accordance with the Uniform Appraisal

18 Standards for Federal Land Acquisitions (December

19 20, 2000) and the Uniform Standards of Profes20 sional Appraisal Practice. Except as provided in

21 paragraph (3), the conveyance of the non-Federal

22 lands identified in subsection (a)(1)(B) shall be con23 sidered a donation for all purposes of law.

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

25 final appraised value, as approved by the Secretary,
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1 of the non-Federal lands identified in subsection

2 (a)(1)(A) exceeds the final appraised value, as ap3 proved by the Secretary, of the Federal land identi4 fied in subsection (b), the values may be equalized—

5 (A) by reducing the acreage of the non6 Federal lands identified in subsection (a) to be

7 conveyed, as determined appropriate and ac8 ceptable by the Secretary and the City;

9 (B) the making of a cash equalization pay10 ment to the City, including a cash equalization

11 payment in excess of the amount authorized by

12 section 206(b) of the Federal Land Policy and

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

14 or

15 (C) a combination of acreage reduction

16 and cash equalization.

17 (3) SURPLUS OF FEDERAL VALUE.—If the final

18 appraised value, as approved by the Secretary, of the

19 Federal land identified in subsection (b) exceeds the

20 final appraised value, as approved by the Secretary,

21 of the non-Federal lands identified in subsection

22 (a)(1)(A), the Secretary shall prepare a statement of

23 value for the non-Federal lands identified in sub24 section (a)(1)(B) and utilize such value to the extent

25 necessary to equalize the values of the non-Federal
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1 lands identified in subsection (a)(1)(A) and the Fed2 eral land identified in subsection (b). If the Sec3 retary declines to accept the non-Federal lands iden4 tified in subsection (a)(1)(B) for any reason, the

5 City shall make a cash equalization payment to the

6 Secretary as necessary to equalize the values of the

7 non-Federal lands identified in subsection (a)(1)(A)

8 and the Federal land identified in subsection (b).

9 (d) EXCHANGE COSTS.—To expedite the land ex10 change under this section and save administrative costs

11 to the United States, the City shall be required to pay

12 for—

13 (1) any necessary land surveys; and

14 (2) the costs of the appraisals, which shall be

15 performed in accordance with Forest Service policy

16 on approval of the appraiser and the issuance of ap17 praisal instructions.

18 (e) TIMING AND INTERIM AUTHORIZATION.—It is the

19 intent of Congress that the land exchange directed by this

20 Act should be completed no later than 120 days after the

21 date of the enactment of this Act. Pending completion of

22 the land exchange, the City is authorized, effective on the

23 date of the enactment of this Act, to construct a water

24 pipeline on or near the existing course of the Lindstrom

25 ditch through the Federal land identified in subsection (b)
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1 without further action or authorization by the Secretary,

2 except that, prior to initiating any such construction, the

3 City shall execute and convey to the Secretary a legal doc4 ument that permanently holds the United States harmless

5 for any and all liability arising from the construction of

6 such water pipeline and indemnifies the United States

7 against all costs arising from the United States’ ownership

8 of the Federal land, and any actions, operations or other

9 acts of the City or its licensees, employees, or agents in

10 constructing such water pipeline or engaging in other acts

11 on the Federal land prior to its transfer to the City. Such

12 encumbrance on the Federal land prior to conveyance shall

13 not be considered for purposes of the appraisal.

14 (f) ALTERNATIVE SALE AUTHORITY.—If the land ex15 change is not completed for any reason, the Secretary is

16 hereby authorized and directed to sell the Federal land

17 identified in subsection (b) to the City at its final ap18 praised value, as approved by the Secretary. Any money

19 received by the United States in such sale shall be consid20 ered money received and deposited pursuant to Public

21 Law 90–171 (16 U.S.C. 484(a); commonly known as the

22 ‘‘Sisk Act’’, and may be used, without further appropria23 tion, for the acquisition of lands for addition to the Na24 tional Forest System in the State of Colorado.
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1 (g) INCORPORATION, MANAGEMENT, AND STATUS OF

2 ACQUIRED LANDS.—Land acquired by the United States

3 under the land exchange shall become part of the Arapaho

4 and Roosevelt National Forests, and the exterior boundary

5 of such forest is hereby modified, without further action

6 by the Secretary, as necessary to incorporate the non-Fed7 eral lands identified in subsection (a) and an additional

8 40 acres as depicted on a map entitled ‘‘Arapaho and Roo9 sevelt National Forest Boundary Adjustment—Cub

10 Creek’’, dated June 2003. Upon their acquisition, lands

11 or interests in land acquired under the authority of this

12 Act shall be administered in accordance with the laws,

13 rules and regulations generally applicable to the National

14 Forest System. For purposes of Section 7 of the of the

15 Land and Water Conservation Fund Act of l965 (16

16 U.S.C. 460l–9), the boundaries of the Arapaho and Roo17 sevelt National Forests, as adjusted by this subsection

18 shall be deemed to be the boundaries of such forest as

19 of January 1, 1965.

20 (h) TECHNICAL CORRECTIONS.—The Secretary, with

21 the agreement of the City, may make technical corrections

22 or correct clerical errors in the maps referred to in this

23 section or adjust the boundaries of the Federal lands to

24 leave the United States with a manageable post-exchange

25 or sale boundary. In the event of any discrepancy between
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1 a map, acreage estimate, or legal description, the map

2 shall prevail unless the Secretary and the City agree other3 wise.

4 (i) REVOCATION OF ORDERS AND WITHDRAWAL.—

5 Any public orders withdrawing any of the Federal lands

6 identified in subsection (b) from appropriation or disposal

7 under the public land laws are hereby revoked to the ex8 tent necessary to permit disposal of the Federal lands.

9 Upon the enactment of this Act, if not already withdrawn

10 or segregated from the entry and appropriation under the

11 public land laws, including the mining and mineral leasing

12 laws and the Geothermal Steam Act of l970 (30 U.S.C.

13 1001 et seq.), the Federal lands are hereby withdrawn

14 until the date of their conveyance to the City.

Passed the House of Representatives November 4,

2003.

Attest:

Clerk.