Calendar No. 297

104TH CONGRESS

1ST SESSION H. R. 2437

[Report No. 104–196]

AN ACT

To provide for the exchange of certain lands in

Gilpin County, Colorado.

DECEMBER 21, 1995

Reported without amendment
II

Calendar No. 297

104TH CONGRESS

1ST SESSION H. R. 2437

[Report No. 104–196]

IN THE SENATE OF THE UNITED STATES

NOVEMBER 8, 1995

Received; read twice and referred to the Committee on Energy and Natural

Resources

DECEMBER 21, 1995

Reported by Mr. MURKOWSKI, without amendment

AN ACT

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
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1 administered by the Secretary of the Interior as part

2 of the Royal Gorge Resource Area, Canon City Dis3 trict, United States Bureau of Land Management;

4 (2) these land parcels, which comprises approxi5 mately 133 separate tracts of land, and range in size

6 from approximately 38 acres to much less than an

7 acre have been identified as suitable for disposal by

8 the Bureau of Land Management through its re9 source management planning process and are appro10 priate for disposal; and

11 (3) even though the Federal land parcels in Gil12 pin County, Colorado, are scattered and small in

13 size, they nevertheless by virtue of their proximity to

14 existing communities appear to have a fair market

15 value which may be used by the Federal Government

16 to exchange for lands which will better lend them17 selves to Federal management and have higher val18 ues for future public access, use and enjoyment,

19 recreation, the protection and enhancement of fish

20 and wildlife and fish and wildlife habitat, and the

21 protection of riparian lands, wetlands, scenic beauty

22 and other public values.

23 (b) PURPOSE.—It is the purpose of this Act to au24 thorize, direct, facilitate and expedite the land exchange

25 set forth herein in order to further the public interest by
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1 disposing of Federal lands with limited public utility and

2 acquire in exchange therefor lands with important values

3 for permanent public management and protection.

4 SEC. 2. LAND EXCHANGE.

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

6 shall be consummated if within 90 days after enactment

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

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

9 United States pursuant to the provisions of this Act the

10 offered lands or interests in land described herein.

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

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

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

14 in and to the following offered lands—

15 (1) certain lands comprising approximately 40

16 acres with improvements thereon located in Larimer

17 County, Colorado, and lying within the boundaries of

18 Rocky Mountain National Park as generally depicted

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

20 August 1994, which shall upon their acquisition by

21 the United States and without further action by the

22 Secretary of the Interior be incorporated into Rocky

23 Mountain National Park and thereafter be adminis24 tered in accordance with the laws, rules and regula-
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1 tions generally applicable to the National Park Sys2 tem and Rocky Mountain National Park;

3 (2) certain lands located within and adjacent to

4 the United States Bureau of Land Management San

5 Luis Resource Area in Conejos County, Colorado,

6 which comprise approximately 3,993 acres and are

7 generally depicted on a map entitled ‘‘Quinlan

8 Ranches Tract’’, dated August 1994; and

9 (3) certain lands located within the United

10 States Bureau of Land Management Royal Gorge

11 Resource Area in Huerfano County, Colorado, which

12 comprise approximately 4,700 acres and are gen13 erally depicted on a map entitled ‘‘Bonham Ranch14 Cucharas Canyon’’, dated June 1995: Provided, how15 ever, That it is the intention of Congress that such

16 lands may remain available for the grazing of live17 stock as determined appropriate by the Secretary in

18 accordance with applicable laws, rules, and regula19 tions: Provided further, That if the Secretary deter20 mines that certain of the lands acquired adjacent to

21 Cucharas Canyon hereunder are not needed for pub22 lic purposes they may be sold in accordance with the

23 provisions of section 203 of the Federal Land Policy

24 and Management Act of 1976 and other applicable

25 law.
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1 (c) SUBSTITUTION OF LANDS.—If one or more of the

2 precise offered land parcels identified above is unable to

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

4 problems, Lake Gulch and the Secretary may mutually

5 agree to substitute therefor alternative offered lands ac6 ceptable to the Secretary.

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

8 Upon receipt of title to the lands identified in subsection

9 (a) the Secretary shall simultaneously convey to Lake

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

11 subject to valid existing rights, in and to the following se12 lected lands—

13 (A) certain surveyed lands located in Gilpin

14 County, Colorado, Township 3 South, Range 72

15 West, Sixth Principal Meridian, Section 18, Lots

16 118–220, which comprise approximately 195 acres

17 and are intended to include all federally owned lands

18 in section 18, as generally depicted on a map enti19 tled ‘‘Lake Gulch Selected Lands’’, dated July 1994;

20 (B) certain surveyed lands located in Gilpin

21 County, Colorado, Township 3 South, Range 72

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

23 38, 39, 40, 52, 53, and 54, which comprise approxi24 mately 96 acres, as generally depicted on a map en-
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1 titled ‘‘Lake Gulch Selected Lands’’, dated July

2 1994; and

3 (C) certain unsurveyed lands located in Gilpin

4 County, Colorado, Township 3 South, Range 73

5 West, Sixth Principal Meridian, Section 13, which

6 comprise approximately 11 acres, and are generally

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

8 a 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

12 the parcel or parcels are under formal application

13 for transfer to a qualified unit of local government.

14 Due to the small and unsurveyed nature of such

15 parcels proposed for transfer to Lake Gulch in sec16 tion 13, and the high cost of surveying such small

17 parcels, the Secretary is authorized to transfer such

18 section 13 lands to Lake Gulch without survey based

19 on such legal or other description as the Secretary

20 determines appropriate to carry out the basic intent

21 of the map 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

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

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

3 formal application for transfer to a qualified unit of local

4 government, upon transfer to the Secretary of additional

5 offered lands acceptable to the Secretary or upon payment

6 to the 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

11 as the Secretary determines appropriate as long as the

12 Secretary determines that the boundaries of any adjacent

13 lands not owned by Lake Gulch can be properly identified

14 so as to avoid possible future boundary conflicts or dis15 putes. If the Secretary determines surveys are necessary

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

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

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

19 additional lands pursuant to section 206(f)(2) of the Fed20 eral Land Policy and Management Act of 1976 (as amend21 ed by the Federal Land Exchange Facilitation Act of

22 1988) (43 U.S.C. 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, Colo2 rado, the Secretary shall notify and consult with the Coun3 ty and City and afford such units of local government an

4 opportunity to acquire or reserve pursuant to the Federal

5 Land Policy and Management Act of 1976 or other appli6 cable law, such easements or rights-of-way parallel to

7 North Clear Creek as may be necessary to serve public

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

9 That any survey or other costs associated with the acquisi10 tion or reservation of such easements or rights-of-way

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

12 concerned.

13 SEC. 3. TERMS AND CONDITIONS OF EXCHANGE.

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

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

16 equal as determined by the Secretary of the Interior utiliz17 ing comparable sales of surface and subsurface property

18 and nationally recognized appraisal standards, including,

19 to the extent appropriate, the Uniform Standards for Fed20 eral Land Acquisition, the Uniform Standards of Profes21 sional Appraisal Practice, the provisions of section 206(d)

22 of the Federal Land Policy and Management Act of 1976

23 (43 U.S.C. 1716(d)), and other applicable law.

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

25 moneys are received by the United States pursuant to this
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1 Act, any such moneys shall be retained by the Secretary

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

3 fully expended to purchase from willing sellers land or

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

5 habitat and protect and restore wetlands in the Bureau

6 of Land Management’s Blanca Wetlands, Alamosa Coun7 ty, Colorado.

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

9 pursuant to this section shall be obtained by the Secretary

10 of the Interior in accordance with all applicable provisions

11 of Colorado law, including the requirement to change the

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

13 the appropriate State legal proceedings and to comply with

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

15 applicable decree of the Colorado Water Court. The use

16 of any water rights acquired pursuant to this section shall

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

18 water that can be used on the Blanca Wetlands. Any re19 quirement or proposal to utilize facilities of the San Luis

20 Valley Project, Closed Basin Diversion, in order to effec21 tuate the use of any such water rights shall be subject

22 to prior approval of the Rio Grande Water Conservation

23 District.

24 (b) RESTRICTIONS ON SELECTED LANDS.—(1) Con25 veyance of the selected lands to Lake Gulch pursuant to
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1 this Act shall be contingent upon Lake Gulch executing

2 an agreement with the United States prior to such convey3 ance, the terms of which are acceptable to the Secretary

4 of the Interior, and which—

5 (A) grant the United States a covenant that

6 none of the selected lands (which currently lie out7 side the legally approved gaming area) shall ever be

8 used for purposes of gaming should the current legal

9 gaming area ever be expanded by the State of Colo10 rado; and

11 (B) permanently hold the United States harm12 less for liability and indemnify the United States

13 against all costs arising from any activities, oper14 ations (including the storing, handling, and dumping

15 of hazardous materials or substances) or other acts

16 conducted by Lake Gulch or its employees, agents,

17 successors or assigns on the selected lands after

18 their transfer to Lake Gulch: Provided, however,

19 That nothing in this Act shall be construed as either

20 diminishing or increasing any responsibility or liabil21 ity of the United States based on the condition of

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

23 transfer to Lake Gulch.
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1 (2) Conveyance of the selected lands to Lake Gulch

2 pursuant to this Act shall be subject to the existing ease3 ment for Gilpin County Road 6.

4 (3) The above terms and restrictions of this sub5 section shall not be considered in determining, or result

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

7 land for purposes of the appraisals of the selected land

8 required pursuant to section 3 of this Act.

9 (c) REVOCATION OF WITHDRAWAL.—The Public

10 Water Reserve established by Executive order dated April

11 17, 1926 (Public Water Reserve 107), Serial Number Col12 orado 17321, is hereby revoked insofar as it affects the

NW1⁄4 SW1 13 ⁄4 of Section 17, Township 3 South, Range 72

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

15 the selected lands identified in this Act.

16 SEC. 4. MISCELLANEOUS PROVISIONS.

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

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

19 of the Interior.

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

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

22 or assigns.

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

24 conveyed to the United States pursuant to this Act.
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1 (4) The term ‘‘selected land’’ means lands to be

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

3 heirs or assigns pursuant to this Act.

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

5 area of land comprising approximately 9,290 acres,

6 as generally depicted on a map entitled ‘‘Blanca

7 Wetlands’’, dated August 1994, or such land as the

8 Secretary may add thereto by purchase from willing

9 sellers after the date of enactment of this Act utiliz10 ing funds provided by this Act or such other moneys

11 as Congress may appropriate.

12 (b) TIME REQUIREMENT FOR COMPLETING TRANS13 FER.—It is the intent of Congress that unless the Sec14 retary and Lake Gulch mutually agree otherwise the ex15 change of lands authorized and directed by this Act shall

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

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

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

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

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

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

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

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

24 application for transfer to a qualified unit of local govern25 ment.
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1 (c) ADMINISTRATION OF LANDS ACQUIRED BY UNIT2 ED STATES.—In accordance with the provisions of section

3 206(c) of the Federal Land Policy and Management Act

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

5 United States pursuant to this Act shall upon acceptance

6 of title by the United States and without further action

7 by the Secretary concerned become part of and be man8 aged as part of the administrative unit or area within

9 which they are located.

Passed the House of Representatives November 7,

1995.

Attest: ROBIN H. CARLE,

Clerk.