I

103D CONGRESS

2D SESSION H. R. 5016

Entitled ‘‘Gilpin County, Colorado—B.L.M. Land Transfer Act of 1994’’.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 21, 1994

Mr. SKAGGS introduced the following bill; which was referred to the

Committee on Natural Resources

A BILL

Entitled ‘‘Gilpin County, Colorado—B.L.M. Land Transfer

Act of 1994’’.

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

3 SECTION 1. FINDINGS AND PURPOSES.

4 (a) FINDINGS.—Congress finds and declares that—

5 (1) certain scattered parcels of Federal land lo6 cated within Gilpin County, Colorado, are currently

7 administered by the Secretary of the Interior as part

8 of the Royal Gorge Resource Area, Canon City Dis9 trict, United States Bureau of Land Management;

10 (2) these land parcels, comprised of approxi11 mately 130 separate tracts of land ranging in size
2

•HR 5016 IH

1 from approximately 38 acres to much less than an

2 acre, have been identified as suitable for disposal by

3 the Bureau of Land Management through its re4 source management planning process and are appro5 priate for disposal; and

6 (3) even though these land parcels are scattered

7 and small in size, they nevertheless appear to have

8 a fair market value which may be used by the Fed9 eral Government to exchange for lands which will

10 better lend themselves to Federal management and

11 have higher values for future public access, use and

12 enjoyment, recreation, the protection and enhance13 ment of fish and wildlife and fish and wildlife habi14 tat, and the protection of riparian lands, wetlands,

15 scenic beauty and other public values.

16 (b) PURPOSE.—It is the purpose of this Act to au17 thorize, direct, facilitate and expedite the land exchange

18 set forth herein in order to further the public interest by

19 disposing of Federal lands with limited public utility and

20 acquire in exchange therefor lands with important values

21 for permanent public management and protection.

22 SEC. 2. LAND EXCHANGE.

23 (a) IN GENERAL.—The exchange directed by this Act

24 shall be consummated if within 90 days after enactment

25 of this Act Lake Gulch, Inc., a Colorado corporation (as
3

•HR 5016 IH

1 defined in section 4 of this Act), offers to transfer to the

2 United States pursuant to the provisions of this Act the

3 offered lands or interests in land described herein.

4 (b) CONVEYANCE BY LAKE GULCH.—Subject to the

5 provisions of section 3 of this Act, Lake Gulch shall convey

6 to the Secretary of the Interior all right, title, and interest

7 in and to the following offered lands—

8 (1) certain lands comprising approximately 40

9 acres with improvements thereon located in Larimer

10 County, Colorado, and lying within the boundaries of

11 Rocky Mountain National Park as generally depicted

12 on a map entitled ‘‘Circle C Church Camp’’, dated

13 August 1994, which shall upon their acquisition by

14 the United States and without further action by the

15 Secretary of the Interior be incorporated into Rocky

16 Mountain National Park and thereafter be adminis17 tered in accordance with the laws, rules and regula18 tions generally applicable to the National Park Sys19 tem and Rocky Mountain National Park;

20 (2) certain lands located along the Arkansas

21 River in Lake County, Colorado, which comprise ap22 proximately 517 acres, as generally depicted on a

23 map entitled ‘‘Arkansas River Headwaters Front24 age’’, dated August 1994; and
4

•HR 5016 IH

1 (3) certain lands located within and adjacent to

2 the United States Bureau of Land Management San

3 Luis Resource Area in Conejos County, Colorado,

4 which comprise approximately 3,993 acres and are

5 generally depicted on a map entitled ‘‘Quinlan

6 Ranches Tract’’, dated August 1994.

7 (c) SUBSTITUTION OF LANDS.—If one or more of the

8 precise offered land parcels identified above is unable to

9 be conveyed to the United States due to appraisal or other

10 problems, Lake Gulch and the Secretary may mutually

11 agree to substitute therefor alternative offered lands ac12 ceptable to the Secretary.

13 (d) CONVEYANCE BY THE UNITED STATES.—(1)

14 Upon receipt of title to the lands identified in subsection

15 (a) the Secretary shall simultaneously convey to Lake

16 Gulch all right, title, and interest of the United States,

17 subject to valid existing rights, in and to the following se18 lected lands—

19 (A) certain surveyed lands located in Gilpin

20 County, Colorado, Township 3 South, Range 72

21 West, Sixth Principal Meridian, Section 18, Lots

22 118–220, which comprise approximately 195 acres

23 and are intended to include all federally owned lands

24 in section 18, as generally depicted on a map enti25 tled ‘‘Lake Gulch Selected Lands’’, dated July 1994;
5

•HR 5016 IH

1 (B) certain surveyed lands located in Gilpin

2 County, Colorado, Township 3 South, Range 72

3 West, Sixth Principal Meridian, Section 17, Lots 37,

4 38, 39, 40, 52, 53, and 54, which comprise approxi5 mately 96 acres, as generally depicted on a map en6 titled ‘‘Lake Gulch Selected Lands’’, dated July

7 1994; and

8 (C) certain unsurveyed lands located in Gilpin

9 County, Colorado, Township 3 South, Range 73

10 West, Sixth Principal Meridian, Section 13, which

11 comprise approximately 10 acres, and are generally

12 depicted as parcels 307–326 on a map entitled

13 ‘‘Lake Gulch Selected Lands’’, dated July 1994:

14 Provided, however, That a parcel or parcels of land

15 in section 13 shall not be transferred to Lake Gulch

16 if at the time of the proposed transfer the parcel or

17 parcels are under formal application for transfer to

18 a qualified unit of local government. Due to the

19 small and unsurveyed nature of such parcels pro20 posed for transfer to Lake Gulch in section 13, and

21 the high cost of surveying such small parcels, the

22 Secretary is authorized to transfer such section 13

23 lands to Lake Gulch without survey based on such

24 legal or other description as he determines appro-
6

•HR 5016 IH

1 priate to carry out the basic intent of the map cited

2 in this subparagraph.

3 (2) If the Secretary and Lake Gulch mutually agree,

4 and the Secretary determines it is in the public interest,

5 the Secretary may utilize the authority and direction of

6 this Act to transfer to Lake Gulch lands in sections 17

7 and 13 that are in addition to those precise selected lands

8 shown on the maps cited in paragraphs (d)(1)(B) and

9 (d)(1)(C), and which are not under formal application for

10 transfer to a qualified unit of local government, upon

11 transfer to the Secretary of additional offered lands ac12 ceptable to the Secretary or upon payment to the Sec13 retary by Lake Gulch of cash equalization money amount14 ing to the full appraised fair market value of any such

15 additional lands. If any such additional lands are located

16 in section 13 they may be transferred to Lake Gulch with17 out survey based on such legal or other description as the

18 Secretary determines appropriate as long as the Secretary

19 determines that the boundaries of any adjacent lands not

20 owned by Lake Gulch can be properly identified so as to

21 avoid possible future boundary conflicts or disputes. If the

22 Secretary determines surveys are necessary to convey any

23 such additional lands to Lake Gulch, the costs of such sur24 veys shall be paid by Lake Gulch but shall not be eligible

25 for any adjustment in the value of such additional lands
7

•HR 5016 IH

1 pursuant to section 206(f)(2) of the Federal Land Policy

2 and Management Act of 1976 (as amended by the Federal

3 Land Exchange Facilitation Act of 1988) (43 U.S.C.

4 1716(f)(2)).

5 (3) Prior to transferring out of public ownership pur6 suant to this Act or other authority of law any lands which

7 are contiguous to North Clear Creek southeast of the City

8 of Black Hawk, Colorado, in the County of Gilpin, Colo9 rado, the Secretary shall notify and consult with the gov10 ernments of the County and the City and afford such units

11 of local government an opportunity to acquire or reserve

12 pursuant to the Federal Land Policy and Management Act

13 of 1976 or other applicable law such easements or rights14 of-way parallel to North Clear Creek as may be necessary

15 to serve public utility line or recreation path needs: Pro16 vided, however, That any survey or other costs associated

17 with the acquisition or reservation of such easements or

18 rights-of-way shall be paid for by the unit or units of local

19 government concerned.

20 SEC. 3. TERMS AND CONDITIONS OF EXCHANGE.

21 (a) EQUALIZATION OF VALUES.—The values of the

22 lands to be exchanged pursuant to this Act shall be equal

23 as determined by the Secretary of the Interior utilizing

24 nationally recognized appraisal standards, including, to

25 the extent appropriate, the Uniform Standards for Federal
8

•HR 5016 IH

1 Land Acquisition, the Uniform Standards of Professional

2 Appraisal Practice, the provisions of section 206(d) of the

3 Federal Land Policy and Management Act of 1976 (43

4 U.S.C. 1716(d)), and other applicable law. In the event

5 it is determined that cash equalization moneys are owed

6 to the United States in the exchange, any such cash

7 equalization moneys shall be retained by the Secretary of

8 the Interior and may be utilized by the Secretary until

9 fully expended to purchase from willing sellers land or

10 water rights, or a combination thereof, to augment wildlife

11 habitat and protect and restore wetlands in the Bureau

12 of Land Management’s Blanca Wetlands, Alamosa Coun13 ty, Colorado. Any water rights acquired by the United

14 States pursuant to this section shall be obtained by the

15 Secretary of the Interior in accordance with all applicable

16 provisions of Colorado law, including the requirement to

17 change the time, place, and type of use of said water rights

18 through the appropriate State legal proceedings and to

19 comply with any terms, conditions, or other provisions

20 contained in an applicable decree of the Colorado Water

21 Court. The use of any water rights acquired pursuant to

22 this section shall be limited to water than can be used

23 or exchanged for water that can be used on the Blanca

24 Wetlands. Any requirement or proposal to utilize facilities

25 of the San Luis Valley Project, Closed Basin Diversion,
9

•HR 5016 IH

1 in order to effectuate the use of any such water rights

2 shall be subject to prior approval of the Rio Grande Water

3 Conservation District.

4 (b) RESTRICTIONS ON SELECTED LANDS.—(1) Con5 veyance of the selected lands to Lake Gulch pursuant to

6 this Act shall be contingent upon Lake Gulch executing

7 an agreement with the United States prior to such convey8 ance, the terms of which are acceptable to the Secretary

9 of the Interior, and which—

10 (A) grants the United States a covenant that

11 none of the selected lands (all of which currently lie

12 outside the State of Colorado’s current legally ap13 proved gaming area) shall ever be used for purposes

14 of gaming should the current legal gaming area ever

15 be expanded by the State of Colorado; and

16 (B) permanently holds the United States harm17 less for liability and indemnify the United States

18 against all costs arising from any activities, oper19 ations (including the storing, handling, and dumping

20 of hazardous materials or substances) or other acts

21 conducted by Lake Gulch or its employees, agents,

22 successors or assigns on the selected lands after

23 their transfer to Lake Gulch: Provided, however,

24 That nothing in this Act shall be construed as either

25 diminishing or increasing any responsibility or liabil-
10

•HR 5016 IH

1 ity of the United States based on the condition of

2 the selected lands prior to or on the date of their

3 transfer to Lake Gulch.

4 (2) Conveyance of the selected lands to Lake Gulch

5 pursuant to this Act shall be subject to the existing ease6 ment for Gilpin County Road 6.

7 (3) The above terms and restrictions of this sub8 section shall not be considered in determining, or result

9 in any diminution in, the fair market value of the selected

10 land for purposes of the appraisals of the selected land

11 required pursuant to section 3 of this Act.

12 (c) REVOCATION OF WITHDRAWAL.—The Public

13 Water Reserve established by Executive order dated April

14 17, 1926 (Public Water Reserve 107), Serial Number Col15 orado 17321, is hereby revoked insofar as it affects the

NW1⁄4 SW1 16 ⁄4 of Section 17, Township 3 South, Range 72

17 West, Sixth Principal Meridian, which covers a portion of

18 the selected lands identified in this Act.

19 (d) MANAGEMENT OF CERTAIN LANDS.—Upon their

20 acquisition by the United States, the lands referred to in

21 section 2(b)(2) of this Act shall be managed by the Sec22 retary of the Interior in accordance with the laws, rules,

23 and regulations generally applicable to the public lands,

24 and, as appropriate, in accordance with cooperative agree25 ments such as the existing Arkansas Headwaters Recre-
11

•HR 5016 IH

1 ation Area Memorandum of Understanding, with special

2 emphasis on public fishing and recreational access to the

3 Arkansas River, and riparian and wetland habitat protec4 tion. The acquisition of such lands by the Secretary shall

5 not be construed to impose any responsibility or liability

6 on the Secretary with respect to hazardous substances

7 which may exist on the lands as of the date of their acqui8 sition by the United States. Without precluding any future

9 determination by the Secretary or appropriate Federal or

10 State authorities that cleanup of any hazardous sub11 stances which may be found to exist on the property would

12 be appropriate, nothing in this Act shall be construed to

13 require the Secretary to undertake any hazardous sub14 stances cleanup activities or studies.

15 SEC. 4. MISCELLANEOUS PROVISIONS.

16 (a) DEFINITIONS.—As used in this Act:

17 (1) The term ‘‘Secretary’’ means the Secretary

18 of the Interior.

19 (2) The term ‘‘Lake Gulch’’ means Lake Gulch,

20 Inc., a Colorado corporation, or its successors, heirs

21 or assigns.

22 (3) The term ‘‘offered land’’ means lands to be

23 conveyed to the United States pursuant to this Act.

24 (4) The term ‘‘selected land’’ means lands to be

25 transferred to Lake Gulch pursuant to this Act.
12

•HR 5016 IH

1 (5) The term ‘‘Blanca Wetlands’’ means an

2 area of land comprising approximately 9,290 acres,

3 as generally depicted on a map entitled ‘‘Blanca

4 Wetlands’’, dated August 1994, and any nearby land

5 which the Secretary may purchase from willing sell6 ers after the date of enactment of this Act utilizing

7 funds provided by this Act or other funds and man8 age in conjunction with and for the same general

9 purposes as the land depicted on that map.

10 (b) TIME REQUIREMENT FOR COMPLETING TRANS11 FER.—It is the intent of Congress that unless the Sec12 retary and Lake Gulch mutually agree otherwise the ex13 change of lands authorized and directed by this Act shall

14 be completed not later than 6 months after the date of

15 enactment of this Act.

16 (c) ADMINISTRATION OF LANDS ACQUIRED BY UNIT17 ED STATES.—In accordance with the provisions of section

18 206(c) of the Federal Land Policy and Management Act

19 of 1976 (43 U.S.C. 1716(c)), all lands acquired by the

20 United States pursuant to this Act shall upon acceptance

21 of title by the United States and without further action

22 by the Secretary concerned become part of and be man23 aged as part of the administrative unit or area within

24 which they are located.

Æ