Union Calendar No. 157

104TH CONGRESS

1ST SESSION H. R. 2437

[Report No. 104–305]

A BILL

To provide for the exchange of certain lands in

Gilpin County, Colorado.

NOVEMBER 6, 1995

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 157

104TH CONGRESS

1ST SESSION H. R. 2437

[Report No. 104–305]

To provide for the exchange of certain lands in Gilpin County, Colorado.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 29, 1995

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

Committee on Resources

NOVEMBER 6, 1995

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on September 29, 1995]

A BILL

To provide for the exchange of certain lands in Gilpin

County, Colorado.

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—
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1 (1) certain scattered parcels of Federal land lo2 cated within Gilpin County, Colorado, are currently

3 administered by the Secretary of the Interior as part

4 of the Royal Gorge Resource Area, Canon City Dis5 trict, United States Bureau of Land Management;

6 (2) these land parcels, which comprises approxi7 mately 133 separate tracts of land, and range in size

8 from approximately 38 acres to much less than an

9 acre have been identified as suitable for disposal by

10 the Bureau of Land Management through its resource

11 management planning process and are appropriate

12 for disposal; and

13 (3) even though the Federal land parcels in Gil14 pin County, Colorado, are scattered and small in size,

15 they nevertheless by virtue of their proximity to exist16 ing communities appear to have a fair market value

17 which may be used by the Federal Government to ex18 change for lands which will better lend themselves to

19 Federal management and have higher values for fu20 ture public access, use and enjoyment, recreation, the

21 protection and enhancement of fish and wildlife and

22 fish and wildlife habitat, and the protection of ripar23 ian lands, wetlands, scenic beauty and other public

24 values.
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1 (b) PURPOSE.—It is the purpose of this Act to author2 ize, direct, facilitate and expedite the land exchange set

3 forth herein in order to further the public interest by dispos4 ing of Federal lands with limited public utility and acquire

5 in exchange therefor lands with important values for per6 manent public management and protection.

7 SEC. 2. LAND EXCHANGE.

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

9 shall be consummated if within 90 days after enactment

10 of this Act, Lake Gulch, Inc., a Colorado Corporation (as

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

12 United States pursuant to the provisions of this Act the

13 offered lands or interests in land described herein.

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

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

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

17 in and to the following offered lands—

18 (1) certain lands comprising approximately 40

19 acres with improvements thereon located in Larimer

20 County, Colorado, and lying within the boundaries of

21 Rocky Mountain National Park as generally depicted

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

23 August 1994, which shall upon their acquisition by

24 the United States and without further action by the

25 Secretary of the Interior be incorporated into Rocky
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1 Mountain National Park and thereafter be adminis2 tered in accordance with the laws, rules and regula3 tions generally applicable to the National Park Sys4 tem and Rocky Mountain National Park;

5 (2) certain lands located within and adjacent to

6 the United States Bureau of Land Management San

7 Luis Resource Area in Conejos County, Colorado,

8 which comprise approximately 3,993 acres and are

9 generally depicted on a map entitled ‘‘Quinlan

10 Ranches Tract’’, dated August 1994; and

11 (3) certain lands located within the United

12 States Bureau of Land Management Royal Gorge Re13 source Area in Huerfano County, Colorado, which

14 comprise approximately 4,700 acres and are generally

15 depicted on a map entitled ‘‘Bonham Ranch-Cucharas

16 Canyon’’, dated June 1995: Provided, however, That

17 it is the intention of Congress that such lands may

18 remain available for the grazing of livestock as deter19 mined appropriate by the Secretary in accordance

20 with applicable laws, rules, and regulations: Provided

21 further, That if the Secretary determines that certain

22 of the lands acquired adjacent to Cucharas Canyon

23 hereunder are not needed for public purposes they

24 may be sold in accordance with the provisions of sec-
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1 tion 203 of the Federal Land Policy and Management

2 Act of 1976 and other applicable law.

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

4 precise offered land parcels identified above is unable to be

5 conveyed to the United States due to appraisal or other

6 problems, Lake Gulch and the Secretary may mutually

7 agree to substitute therefor alternative offered lands accept8 able to the Secretary.

9 (d) CONVEYANCE BY THE UNITED STATES.—(1) Upon

10 receipt of title to the lands identified in subsection (a) the

11 Secretary shall simultaneously convey to Lake Gulch all

12 right, title, and interest of the United States, subject to

13 valid existing rights, in and to the following selected

14 lands—

15 (A) certain surveyed lands located in Gilpin

16 County, Colorado, Township 3 South, Range 72 West,

17 Sixth Principal Meridian, Section 18, Lots 118–220,

18 which comprise approximately 195 acres and are in19 tended to include all federally owned lands in section

20 18, as generally depicted on a map entitled ‘‘Lake

21 Gulch Selected Lands’’, dated July 1994;

22 (B) certain surveyed lands located in Gilpin

23 County, Colorado, Township 3 South, Range 72 West,

24 Sixth Principal Meridian, Section 17, Lots 37, 38,

25 39, 40, 52, 53, and 54, which comprise approximately
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1 96 acres, as generally depicted on a map entitled

2 ‘‘Lake Gulch Selected Lands’’, dated July 1994; and

3 (C) certain unsurveyed lands located in Gilpin

4 County, Colorado, Township 3 South, Range 73 West,

5 Sixth Principal Meridian, Section 13, which com6 prise approximately 11 acres, and are generally de7 picted as parcels 302–304, 306 and 308–326 on a

8 map entitled ‘‘Lake Gulch Selected Lands’’, dated

9 July 1994: Provided, however, That a parcel or par10 cels of land in section 13 shall not be transferred to

11 Lake Gulch if at the time of the proposed transfer the

12 parcel or parcels are under formal application for

13 transfer to a qualified unit of local government. Due

14 to the small and unsurveyed nature of such parcels

15 proposed for transfer to Lake Gulch in section 13,

16 and the high cost of surveying such small parcels, the

17 Secretary is authorized to transfer such section 13

18 lands to Lake Gulch without survey based on such

19 legal or other description as the Secretary determines

20 appropriate to carry out the basic intent of the map

21 cited in this subparagraph.

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

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

24 the Secretary may utilize the authority and direction of this

25 Act to transfer to Lake Gulch lands in sections 17 and 13
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1 that are in addition to those precise selected lands shown

2 on the map cited herein, and which are not under formal

3 application for transfer to a qualified unit of local govern4 ment, upon transfer to the Secretary of additional offered

5 lands acceptable to the Secretary or upon payment to the

6 Secretary by Lake Gulch of cash equalization money

7 amounting to the full appraised fair market value of any

8 such additional lands. If any such additional lands are lo9 cated in section 13 they may be transferred to Lake Gulch

10 without survey based on such legal or other description as

11 the Secretary determines appropriate as long as the Sec12 retary determines that the boundaries of any adjacent lands

13 not owned by Lake Gulch can be properly identified so as

14 to avoid possible future boundary conflicts or disputes. If

15 the Secretary determines surveys are necessary to convey

16 any such additional lands to Lake Gulch, the costs of such

17 surveys shall be paid by Lake Gulch but shall not be eligible

18 for any adjustment in the value of such additional lands

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

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

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

22 1716(f)(2)).

23 (3) Prior to transferring out of public ownership pur24 suant to this Act or other authority of law any lands which

25 are contiguous to North Clear Creek southeast of the City
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1 of Black Hawk, Colorado in the County of Gilpin, Colorado,

2 the Secretary shall notify and consult with the County and

3 City and afford such units of local government an oppor4 tunity to acquire or reserve pursuant to the Federal Land

5 Policy and Management Act of 1976 or other applicable

6 law, such easements or rights-of-way parallel to North Clear

7 Creek as may be necessary to serve public utility line or

8 recreation path needs: Provided, however, That any survey

9 or other costs associated with the acquisition or reservation

10 of such easements or rights-of-way shall be paid for by the

11 unit or units of local government concerned.

12 SEC. 3. TERMS AND CONDITIONS OF EXCHANGE.

13 (a) EQUALIZATION OF VALUES.—(1) The values of the

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

15 as determined by the Secretary of the Interior utilizing

16 comparable sales of surface and subsurface property and

17 nationally recognized appraisal standards, including, to the

18 extent appropriate, the Uniform Standards for Federal

19 Land Acquisition, the Uniform Standards of Professional

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

21 Federal Land Policy and Management Act of 1976 (43

22 U.S.C. 1716(d)), and other applicable law.

23 (2) In the event any cash equalization or land sale

24 moneys are received by the United States pursuant to this

25 Act, any such moneys shall be retained by the Secretary
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1 of the Interior and may be utilized by the Secretary until

2 fully expended to purchase from willing sellers land or

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

4 habitat and protect and restore wetlands in the Bureau of

5 Land Management’s Blanca Wetlands, Alamosa County,

6 Colorado.

7 (3) Any water rights acquired by the United States

8 pursuant to this section shall be obtained by the Secretary

9 of the Interior in accordance with all applicable provisions

10 of Colorado law, including the requirement to change the

11 time, place, and type of use of said water rights through

12 the appropriate State legal proceedings and to comply with

13 any terms, conditions, or other provisions contained in an

14 applicable decree of the Colorado Water Court. The use of

15 any water rights acquired pursuant to this section shall be

16 limited to water that can be used or exchanged for water

17 that can be used on the Blanca Wetlands. Any requirement

18 or proposal to utilize facilities of the San Luis Valley

19 Project, Closed Basin Diversion, in order to effectuate the

20 use of any such water rights shall be subject to prior ap21 proval of the Rio Grande Water Conservation District.

22 (b) RESTRICTIONS ON SELECTED LANDS.—(1) Con23 veyance of the selected lands to Lake Gulch pursuant to this

24 Act shall be contingent upon Lake Gulch executing an

25 agreement with the United States prior to such conveyance,
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1 the terms of which are acceptable to the Secretary of the

2 Interior, and which—

3 (A) grant the United States a covenant that none

4 of the selected lands (which currently lie outside the

5 legally approved gaming area) shall ever be used for

6 purposes of gaming should the current legal gaming

7 area ever be expanded by the State of Colorado; and

8 (B) permanently hold the United States harmless

9 for liability and indemnify the United States against

10 all costs arising from any activities, operations (in11 cluding the storing, handling, and dumping of haz12 ardous materials or substances) or other acts con13 ducted by Lake Gulch or its employees, agents, succes14 sors or assigns on the selected lands after their trans15 fer to Lake Gulch: Provided, however, That nothing in

16 this Act shall be construed as either diminishing or

17 increasing any responsibility or liability of the

18 United States based on the condition of the selected

19 lands prior to or on the date of their transfer to Lake

20 Gulch.

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

22 pursuant to this Act shall be subject to the existing easement

23 for Gilpin County Road 6.

24 (3) The above terms and restrictions of this subsection

25 shall not be considered in determining, or result in any
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1 diminution in, the fair market value of the selected land

2 for purposes of the appraisals of the selected land required

3 pursuant to section 3 of this Act.

4 (c) REVOCATION OF WITHDRAWAL.—The Public Water

5 Reserve established by Executive order dated April 17, 1926

6 (Public Water Reserve 107), Serial Number Colorado

17321, is hereby revoked insofar as it affects the NW1 7 ⁄4

SW1 8 ⁄4 of Section 17, Township 3 South, Range 72 West,

9 Sixth Principal Meridian, which covers a portion of the se10 lected lands identified in this Act.

11 SEC. 4. MISCELLANEOUS PROVISIONS.

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

13 (1) The term ‘‘Secretary’’ means the Secretary of

14 the Interior.

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

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

17 or assigns.

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

19 conveyed to the United States pursuant to this Act.

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

21 transferred to Lake Gulch, Inc., or its successors, heirs

22 or assigns pursuant to this Act.

23 (5) The term ‘‘Blanca Wetlands’’ means an area

24 of land comprising approximately 9,290 acres, as

25 generally depicted on a map entitled ‘‘Blanca Wet-
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1 lands’’, dated August 1994, or such land as the Sec2 retary may add thereto by purchase from willing sell3 ers after the date of enactment of this Act utilizing

4 funds provided by this Act or such other moneys as

5 Congress may appropriate.

6 (b) TIME REQUIREMENT FOR COMPLETING TRANS7 FER.—It is the intent of Congress that unless the Secretary

8 and Lake Gulch mutually agree otherwise the exchange of

9 lands authorized and directed by this Act shall be completed

10 not later than 6 months after the date of enactment of this

11 Act. In the event the exchange cannot be consummated with12 in such 6-month-time period, the Secretary, upon applica13 tion by Lake Gulch, is directed to sell to Lake Gulch at

14 appraised fair market value any or all of the parcels (com15 prising a total of approximately 11 acres) identified in sec16 tion 2(d)(1)(C) of this Act as long as the parcel or parcels

17 applied for are not under formal application for transfer

18 to a qualified unit of local government.

19 (c) ADMINISTRATION OF LANDS ACQUIRED BY UNITED

20 STATES.—In accordance with the provisions of section

21 206(c) of the Federal Land Policy and Management Act of

22 1976 (43 U.S.C. 1716(c)), all lands acquired by the United

23 States pursuant to this Act shall upon acceptance of title

24 by the United States and without further action by the Sec25 retary concerned become part of and be managed as part
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1 of the administrative unit or area within which they are

2 located.