PUBLIC LAW 104–158—JULY 9, 1996

COLORADO LAND EXCHANGE
110 STAT. 1406 PUBLIC LAW 104–158—JULY 9, 1996

Public Law 104–158

104th Congress

An Act

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

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. FINDINGS AND PURPOSES.

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

(1) certain scattered parcels of Federal land located within

Gilpin County, Colorado, are currently administered by the

Secretary of the Interior as part of the Royal Gorge Resource

Area, Canon City District, United States Bureau of Land

Management;

(2) these land parcels, which comprises approximately 133

separate tracts of land, and range in size from approximately

38 acres to much less than an acre have been identified as

suitable for disposal by the Bureau of Land Management

through its resource management planning process and are

appropriate for disposal; and

(3) even though the Federal land parcels in Gilpin County,

Colorado, are scattered and small in size, they nevertheless

by virtue of their proximity to existing communities appear

to have a fair market value which may be used by the Federal

Government to exchange for lands which will better lend themselves to Federal management and have higher values for

future public access, use and enjoyment, recreation, the protection and enhancement of fish and wildlife and fish and wildlife

habitat, and the protection of riparian lands, wetlands, scenic

beauty and other public values.

(b) PURPOSE.—It is the purpose of this Act to authorize, direct,

facilitate and expedite the land exchange set forth herein in order

to further the public interest by disposing of Federal lands with

limited public utility and acquire in exchange therefor lands with

important values for permanent public management and protection.

SEC. 2. LAND EXCHANGE.

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

consummated if within 90 days after enactment of this Act, Lake

Gulch, Inc., a Colorado Corporation (as defined in section 4 of

this Act) offers to transfer to the United States pursuant to the

provisions of this Act the offered lands or interests in land described

herein.

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

of section 3 of this Act, Lake Gulch shall convey to the Secretary

of the Interior all right, title, and interest in and to the following

offered lands—

Lake Gulch, Inc.

July 9, 1996

[H.R. 2437]
PUBLIC LAW 104–158—JULY 9, 1996 110 STAT. 1407

(1) certain lands comprising approximately 40 acres with

improvements thereon located in Larimer County, Colorado,

and lying within the boundaries of Rocky Mountain National

Park as generally depicted on a map entitled ‘‘Circle C Church

Camp’’, dated August 1994, which shall upon their acquisition

by the United States and without further action by the Secretary of the Interior be incorporated into Rocky Mountain

National Park and thereafter be administered in accordance

with the laws, rules and regulations generally applicable to

the National Park System and Rocky Mountain National Park;

(2) certain lands located within and adjacent to the United

States Bureau of Land Management San Luis Resource Area

in Conejos County, Colorado, which comprise approximately

3,993 acres and are generally depicted on a map entitled ‘‘Quinlan Ranches Tract’’, dated August 1994; and

(3) certain lands located within the United States Bureau

of Land Management Royal Gorge Resource Area in Huerfano

County, Colorado, which comprise approximately 4,700 acres

and are generally depicted on a map entitled ‘‘Bonham RanchCucharas Canyon’’, dated June 1995: Provided, however, That

it is the intention of Congress that such lands may remain

available for the grazing of livestock as determined appropriate

by the Secretary in accordance with applicable laws, rules,

and regulations: Provided further, That if the Secretary determines that certain of the lands acquired adjacent to Cucharas

Canyon hereunder are not needed for public purposes they

may be sold in accordance with the provisions of section 203

of the Federal Land Policy and Management Act of 1976 and

other applicable law.

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

offered land parcels identified above is unable to be conveyed to

the United States due to appraisal or other problems, Lake Gulch

and the Secretary may mutually agree to substitute therefor alternative offered lands acceptable to the Secretary.

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

of title to the lands identified in subsection (a) the Secretary shall

simultaneously convey to Lake Gulch all right, title, and interest

of the United States, subject to valid existing rights, in and to

the following selected lands—

(A) certain surveyed lands located in Gilpin County, Colorado, Township 3 South, Range 72 West, Sixth Principal Meridian, Section 18, Lots 118–220, which comprise approximately

195 acres and are intended to include all federally owned

lands in section 18, as generally depicted on a map entitled

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

(B) certain surveyed lands located in Gilpin County, Colorado, Township 3 South, Range 72 West, Sixth Principal Meridian, Section 17, Lots 37, 38, 39, 40, 52, 53, and 54, which

comprise approximately 96 acres, as generally depicted on a

map entitled ‘‘Lake Gulch Selected Lands’’, dated July 1994;

and

(C) certain unsurveyed lands located in Gilpin County,

Colorado, Township 3 South, Range 73 West, Sixth Principal

Meridian, Section 13, which comprise approximately 11 acres,

and are generally depicted as parcels 302–304, 306 and 308–

326 on a map entitled ‘‘Lake Gulch Selected Lands’’, dated

July 1994: Provided, however, That a parcel or parcels of land

16 USC 191 note.
110 STAT. 1408 PUBLIC LAW 104–158—JULY 9, 1996

in section 13 shall not be transferred to Lake Gulch if at

the time of the proposed transfer the parcel or parcels are

under formal application for transfer to a qualified unit of

local government. Due to the small and unsurveyed nature

of such parcels proposed for transfer to Lake Gulch in section

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

Secretary is authorized to transfer such section 13 lands to

Lake Gulch without survey based on such legal or other description as the Secretary determines appropriate to carry out the

basic intent of the map cited in this subparagraph.

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

Secretary determines it is in the public interest, the Secretary

may utilize the authority and direction of this Act to transfer

to Lake Gulch lands in sections 17 and 13 that are in addition

to those precise selected lands shown on the map cited herein,

and which are not under formal application for transfer to a qualified unit of local government, upon transfer to the Secretary of

additional offered lands acceptable to the Secretary or upon payment to the Secretary by Lake Gulch of cash equalization money

amounting to the full appraised fair market value of any such

additional lands. If any such additional lands are located in section

13 they may be transferred to Lake Gulch without survey based

on such legal or other description as the Secretary determines

appropriate as long as the Secretary determines that the boundaries

of any adjacent lands not owned by Lake Gulch can be properly

identified so as to avoid possible future boundary conflicts or disputes. If the Secretary determines surveys are necessary to convey

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

shall be paid by Lake Gulch but shall not be eligible for any

adjustment in the value of such additional lands pursuant to section

206(f)(2) of the Federal Land Policy and Management Act of 1976

(as amended by the Federal Land Exchange Facilitation Act of

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

(3) Prior to transferring out of public ownership pursuant to

this Act or other authority of law any lands which are contiguous

to North Clear Creek southeast of the City of Black Hawk, Colorado

in the County of Gilpin, Colorado, the Secretary shall notify and

consult with the County and City and afford such units of local

government an opportunity to acquire or reserve pursuant to the

Federal Land Policy and Management Act of 1976 or other

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

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

recreation path needs: Provided, however, That any survey or other

costs associated with the acquisition or reservation of such easements or rights-of-way shall be paid for by the unit or units of

local government concerned.

SEC. 3. TERMS AND CONDITIONS OF EXCHANGE.

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

to be exchanged pursuant to this Act shall be equal as determined

by the Secretary of the Interior utilizing comparable sales of surface

and subsurface property and nationally recognized appraisal standards, including, to the extent appropriate, the Uniform Standards

for Federal Land Acquisition, the Uniform Standards of Professional

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

Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)),

and other applicable law.

Notification.
PUBLIC LAW 104–158—JULY 9, 1996 110 STAT. 1409

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

are received by the United States pursuant to this Act, any such

moneys shall be retained by the Secretary of the Interior and

may be utilized by the Secretary until fully expended to purchase

from willing sellers land or water rights, or a combination thereof,

to augment wildlife habitat and protect and restore wetlands in

the Bureau of Land Management’s Blanca Wetlands, Alamosa County, Colorado.

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

to this section shall be obtained by the Secretary of the Interior

in accordance with all applicable provisions of Colorado law, including the requirement to change the time, place, and type of use

of said water rights through the appropriate State legal proceedings

and to comply with any terms, conditions, or other provisions contained in an applicable decree of the Colorado Water Court. The

use of any water rights acquired pursuant to this section shall

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

can be used on the Blanca Wetlands. Any requirement or proposal

to utilize facilities of the San Luis Valley Project, Closed Basin

Diversion, in order to effectuate the use of any such water rights

shall be subject to prior approval of the Rio Grande Water Conservation District.

(b) RESTRICTIONS ON SELECTED LANDS.—(1) Conveyance of the

selected lands to Lake Gulch pursuant to this Act shall be contingent upon Lake Gulch executing an agreement with the United

States prior to such conveyance, the terms of which are acceptable

to the Secretary of the Interior, and which—

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

selected lands (which currently lie outside the legally approved

gaming area) shall ever be used for purposes of gaming should

the current legal gaming area ever be expanded by the State

of Colorado; and

(B) permanently hold the United States harmless for liability and indemnify the United States against all costs arising

from any activities, operations (including the storing, handling,

and dumping of hazardous materials or substances) or other

acts conducted by Lake Gulch or its employees, agents, successors or assigns on the selected lands after their transfer to

Lake Gulch: Provided, however, That nothing in this Act shall

be construed as either diminishing or increasing any responsibility or liability of the United States based on the condition

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

to Lake Gulch.

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

to this Act shall be subject to the existing easement for Gilpin

County Road 6.

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

not be considered in determining, or result in any diminution in,

the fair market value of the selected land for purposes of the

appraisals of the selected land required pursuant to section 3 of

this Act.

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

established by Executive order dated April 17, 1926 (Public Water

Reserve 107), Serial Number Colorado 17321, is hereby revoked

insofar as it affects the NW1⁄4 SW1⁄4 of Section 17, Township 3

South, Range 72 West, Sixth Principal Meridian, which covers

a portion of the selected lands identified in this Act.
110 STAT. 1410 PUBLIC LAW 104–158—JULY 9, 1996

LEGISLATIVE HISTORY—H.R. 2437:

HOUSE REPORTS: No. 104–305 (Comm. on Resources).

SENATE REPORTS: No. 104–196 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD:

Vol. 141 (1995): Nov. 7, considered and passed House.

Vol. 142 (1996): June 26, considered and passed Senate.

Æ

SEC. 4. MISCELLANEOUS PROVISIONS.

(a) DEFINITIONS.—As used in this Act:

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

Interior.

(2) The term ‘‘Lake Gulch’’ means Lake Gulch, Inc., a

Colorado corporation, or its successors, heirs or assigns.

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

to the United States pursuant to this Act.

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

to Lake Gulch, Inc., or its successors, heirs or assigns pursuant

to this Act.

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

comprising approximately 9,290 acres, as generally depicted

on a map entitled ‘‘Blanca Wetlands’’, dated August 1994, or

such land as the Secretary may add thereto by purchase from

willing sellers after the date of enactment of this Act utilizing

funds provided by this Act or such other moneys as Congress

may appropriate.

(b) TIME REQUIREMENT FOR COMPLETING TRANSFER.—It is the

intent of Congress that unless the Secretary and Lake Gulch mutually agree otherwise the exchange of lands authorized and directed

by this Act shall be completed not later than 6 months after the

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

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

upon application by Lake Gulch, is directed to sell to Lake Gulch

at appraised fair market value any or all of the parcels (comprising

a total of approximately 11 acres) identified in section 2(d)(1)(C)

of this Act as long as the parcel or parcels applied for are not

under formal application for transfer to a qualified unit of local

government.

(c) ADMINISTRATION OF LANDS ACQUIRED BY UNITED STATES.—

In accordance with the provisions of section 206(c) of the Federal

Land Policy and Management Act of 1976 (43 U.S.C. 1716(c)),

all lands acquired by the United States pursuant to this Act shall

upon acceptance of title by the United States and without further

action by the Secretary concerned become part of and be managed

as part of the administrative unit or area within which they are

located.

Approved July 9, 1996.