I

104TH CONGRESS

1ST SESSION H. R. 2437

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

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—

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, which comprises approxi11 mately 133 separate tracts of land, and range in size
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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 the Federal land parcels in Gil7 pin County, Colorado, are scattered and small in

8 size, they nevertheless by virtue of their proximity to

9 existing communities appear to have a fair market

10 value which may be used by the Federal Government

11 to exchange for lands which will better lend them12 selves to Federal management and have higher val13 ues for future public access, use and enjoyment,

14 recreation, the protection and enhancement of fish

15 and wildlife and fish and wildlife habitat, and the

16 protection of riparian lands, wetlands, scenic beauty

17 and other public values.

18 (b) PURPOSE.—It is the purpose of this Act to au19 thorize, direct, facilitate and expedite the land exchange

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

21 disposing of Federal lands with limited public utility and

22 acquire in exchange therefor lands with important values

23 for permanent public management and protection.
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1 SEC. 2. LAND EXCHANGE.

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

3 shall be consummated if within 90 days after enactment

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

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

6 United States pursuant to the provisions of this Act the

7 offered lands or interests in land described herein.

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

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

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

11 in and to the following offered lands—

12 (1) certain lands comprising approximately 40

13 acres with improvements thereon located in Larimer

14 County, Colorado, and lying within the boundaries of

15 Rocky Mountain National Park as generally depicted

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

17 August 1994, which shall upon their acquisition by

18 the United States and without further action by the

19 Secretary of the Interior be incorporated into Rocky

20 Mountain National Park and thereafter be adminis21 tered in accordance with the laws, rules and regula22 tions generally applicable to the National Park Sys23 tem and Rocky Mountain National Park;

24 (2) certain lands located within and adjacent to

25 the United States Bureau of Land Management San

26 Luis Resource Area in Conejos County, Colorado,
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1 which comprise approximately 3,993 acres and are

2 generally depicted on a map entitled ‘‘Quinlan

3 Ranches Tract’’, dated August, 1994; and

4 (3) certain lands located within the United

5 States Bureau of Land Management Royal Gorge

6 Resource Area in Huerfano County, Colorado, which

7 comprise approximately 4,700 acres and are gen8 erally depicted on a map entitled ‘‘Bonham Ranch9 Cucharas Canyon’’, dated June, 1995: Provided,

10 however, That it is the intention of Congress that

11 such lands may remain available for the grazing of

12 livestock as determined appropriate by the Secretary

13 in accordance with applicable laws, rules, and regu14 lations: Provided further, That if the Secretary de15 termines that certain of the lands acquired adjacent

16 to Cucharas Canyon hereunder are not needed for

17 public purposes they may be sold in accordance with

18 the provisions of section 203 of the Federal Land

19 Policy and Management Act of 1976 and other ap20 plicable law.

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

22 precise offered land parcels identified above is unable to

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

24 problems, Lake Gulch and the Secretary may mutually
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1 agree to substitute therefor alternative offered lands ac2 ceptable to the Secretary.

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

4 Upon receipt of title to the lands identified in subsection

5 (a) the Secretary shall simultaneously convey to Lake

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

7 subject to valid existing rights, in and to the following se8 lected lands—

9 (A) certain surveyed lands located in Gilpin

10 County, Colorado, Township 3 South, Range 72

11 West, Sixth Principal Meridian, Section 18, Lots

12 118–220, which comprise approximately 195 acres

13 and are intended to include all federally owned lands

14 in section 18, as generally depicted on a map enti15 tled ‘‘Lake Gulch Selected Lands’’, dated July,

16 1994;

17 (B) certain surveyed lands located in Gilpin

18 County, Colorado, Township 3 South, Range 72

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

20 38, 39, 40, 52, 53, and 54, which comprise approxi21 mately 96 acres, as generally depicted on a map en22 titled ‘‘Lake Gulch Selected Lands’’, dated July,

23 1994; and

24 (C) certain unsurveyed lands located in Gilpin

25 County, Colorado, Township 3 South, Range 73
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1 West, Sixth Principal Meridian, Section 13, which

2 comprise approximately 11 acres, and are generally

3 depicted as parcels 302–304, 306, and 308–326 on

4 a map entitled ‘‘Lake Gulch Selected Lands’’, dated

5 July, 1994: Provided, however, That a parcel or par6 cels of land in section 13 shall not be transferred to

7 Lake Gulch if at the time of the proposed transfer

8 the parcel or parcels are under formal application

9 for transfer to a qualified unit of local government.

10 Due to the small and unsurveyed nature of such

11 parcels proposed for transfer to Lake Gulch in sec12 tion 13, and the high cost of surveying such small

13 parcels, the Secretary is authorized to transfer such

14 section 13 lands to Lake Gulch without survey based

15 on such legal or other description as the Secretary

16 determines appropriate to carry out the basic intent

17 of the map cited in this subparagraph.

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

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

20 the Secretary may utilize the authority and direction of

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

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

23 shown on the map cited herein, and which are not under

24 formal application for transfer to a qualified unit of local

25 government, upon transfer to the Secretary of additional
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1 offered lands acceptable to the Secretary or upon payment

2 to the Secretary by Lake Gulch of cash equalization money

3 amounting to the full appraised fair market value of any

4 such additional lands. If any such additional lands are lo5 cated in section 13 they may be transferred to Lake Gulch

6 without survey based on such legal or other description

7 as the Secretary determines appropriate as long as the

8 Secretary determines that the boundaries of any adjacent

9 lands not owned by Lake Gulch can be properly identified

10 so as to avoid possible future boundary conflicts or dis11 putes. If the Secretary determines surveys are necessary

12 to convey any such additional lands to Lake Gulch, the

13 costs of such surveys shall be paid by Lake Gulch but shall

14 not be eligible for any adjustment in the value of such

15 additional lands pursuant to section 206(f)(2) of the Fed16 eral Land Policy and Management Act of 1976 (as amend17 ed by the Federal Land Exchange Facilitation Act of

18 1988) (43 U.S.C. 1716(f)(2)).

19 (3) Prior to transferring out of public ownership pur20 suant to this Act or other authority of law any lands which

21 are contiguous to North Clear Creek southeast of the City

22 of Black Hawk, Colorado in the County of Gilpin, Colo23 rado, the Secretary shall notify and consult with the coun24 ty and city and afford such units of local government an

25 opportunity to acquire or reserve pursuant to the Federal
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1 Land Policy and Management Act of 1976 or other appli2 cable law, such easements or rights-of-way parallel to

3 North Clear Creek as may be necessary to serve public

4 utility line or recreation path needs: Provided, however,

5 That any survey or other costs associated with the acquisi6 tion or reservation of such easements or rights-of-way

7 shall be paid for by the unit or units of local government

8 concerned.

9 SEC. 3. TERMS AND CONDITIONS OF EXCHANGE.

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

11 the lands to be exchanged pursuant to this Act shall be

12 equal as determined by the Secretary of the Interior utiliz13 ing nationally recognized appraisal standards, including,

14 to the extent appropriate, the Uniform Standards for Fed15 eral Land Acquisition, the Uniform Standards of Profes16 sional Appraisal Practice, the provisions of section 206(d)

17 of the Federal Land Policy and Management Act of 1976

18 (43 U.S.C. 1716(d)), and other applicable law.

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

20 moneys are received by the United States pursuant to this

21 Act, any such moneys shall be retained by the Secretary

22 of the Interior and may be utilized by the Secretary until

23 fully expended to purchase from willing sellers land or

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

25 habitat and protect and restore wetlands in the Bureau
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1 of Land Management’s Blanca Wetlands, Alamosa Coun2 ty, Colorado.

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

4 pursuant to this section shall be obtained by the Secretary

5 of the Interior in accordance with all applicable provisions

6 of Colorado law, including the requirement to change the

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

8 the appropriate State legal proceedings and to comply with

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

10 applicable decree of the Colorado Water Court. The use

11 of any water rights acquired pursuant to this section shall

12 be limited to water than can be used or exchanged for

13 water that can be used on the Blanca Wetlands. Any re14 quirement or proposal to utilize facilities of the San Luis

15 Valley Project, Closed Basin Diversion, in order to effec16 tuate the use of any such water rights shall be subject

17 to prior approval of the Rio Grande Water Conservation

18 District.

19 (b) RESTRICTIONS ON SELECTED LANDS.—(1) Con20 veyance of the selected lands to Lake Gulch pursuant to

21 this Act shall be contingent upon Lake Gulch executing

22 an agreement with the United States prior to such convey23 ance, the terms of which are acceptable to the Secretary

24 of the Interior, and which—
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1 (A) grant the United States a covenant that

2 none of the selected lands (which currently lie out3 side the legally approved gaming area) shall ever be

4 used for purposes of gaming should the current legal

5 gaming area ever be expanded by the State of Colo6 rado; and

7 (B) permanently hold the United States harm8 less for liability and indemnify the United States

9 against all costs arising from any activities, oper10 ations (including the storing, handling, and dumping

11 of hazardous materials or substances) or other acts

12 conducted by Lake Gulch or its employees, agents,

13 successors or assigns on the selected lands after

14 their transfer to Lake Gulch: Provided, however,

15 That nothing in this Act shall be construed as either

16 diminishing or increasing any responsibility or liabil17 ity of the United States based on the condition of

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

19 transfer to Lake Gulch.

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

21 pursuant to this Act shall be subject to the existing ease22 ment for Gilpin County Road 6.

23 (3) The above terms and restrictions of this sub24 section shall not be considered in determining, or result

25 in any diminution in, the fair market value of the selected
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1 land for purposes of the appraisals of the selected land

2 required pursuant to section 3 of this Act.

3 (c) REVOCATION OF WITHDRAWAL.—The Public

4 Water Reserve established by Executive order dated April

5 17, 1926 (Public Water Reserve 107), Serial Number Col6 orado 17321, is hereby revoked insofar as it affects the

NW1⁄4 SW1 7 ⁄4 of Section 17, Township 3 South, Range 72

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

9 the selected lands identified in this Act.

10 SEC. 4. MISCELLANEOUS PROVISIONS.

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

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

13 of the Interior.

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

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

16 or assigns.

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

18 conveyed to the United States pursuant to this Act.

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

20 transferred to Lake Gulch, Inc., or its successors,

21 heirs or assigns pursuant to this Act.

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

23 area of land comprising approximately 9,290 acres,

24 as generally depicted on a map entitled ‘‘Blanca

25 Wetlands’’, dated August, 1994, or such land as the
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1 Secretary may add thereto by purchase from willing

2 sellers after the date of enactment of this Act utiliz3 ing funds provided by this Act or such other moneys

4 as Congress may appropriate.

5 (b) TIME REQUIREMENT FOR COMPLETING TRANS6 FER.—It is the intent of Congress that unless the Sec7 retary and Lake Gulch mutually agree otherwise the ex8 change of lands authorized and directed by this Act shall

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

10 enactment of this Act. In the event the exchange cannot

11 be consummated within such 6-month-time period, the

12 Secretary, upon application by Lake Gulch, is directed to

13 sell to Lake Gulch at appraised fair market value any or

14 all of the parcels (comprising a total of approximately 11

15 acres) identified in section 2(d)(1)(C) of this Act as long

16 as the parcel or parcels applied for are not under formal

17 application for transfer to a qualified unit of local govern18 ment.

19 (c) ADMINISTRATION OF LANDS ACQUIRED BY

20 UNITED STATES.—In accordance with the provisions of

21 section 206(c) of the Federal Land Policy and Manage22 ment Act of 1976 (43 U.S.C. 1716(c)), all lands acquired

23 by the United States pursuant to this Act shall upon ac24 ceptance of title by the United States and without further

25 action by the Secretary concerned become part of and be
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1 managed as part of the administrative unit or area within

2 which they are located.

Æ