II

104TH CONGRESS

1ST SESSION S. 985

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

IN THE SENATE OF THE UNITED STATES

JUNE 29 (legislative day, JUNE 19), 1995

Mr. CAMPBELL (for himself and Mr. BROWN) introduced the following bill;

which was read twice and referred to the Committee on Energy and Natural 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 PURPOSE.

4 (a) FINDINGS.—Congress finds that—

5 (1) certain scattered parcels of Federal land in

6 Gilpin County, Colorado, are administered by the

7 Secretary of the Interior as part of the Royal Gorge

8 Resource Area, Canon City District, Bureau of Land

9 Management;
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1 (2) these land parcels, which comprises approxi2 mately 133 separate tracts of land, and range in size

3 from approximately 38 acres to much less than an

4 acre have been identified as suitable for disposal by

5 the Bureau of Land Management through its re6 source management planning process and are appro7 priate for disposal; and

8 (3) even though the Federal land parcels in Gil9 pin County, Colorado, are scattered and small in

10 size, they nevertheless by virtue of their proximity to

11 existing communities appear to have a fair market

12 value which may be used by the Federal Government

13 to exchange for lands which will better lend them14 selves to Federal management and have higher val15 ues for future public access, use and enjoyment,

16 recreation, the protection and enhancement of fish

17 and wildlife and fish and wildlife habitat, and the

18 protection of riparian lands, wetland, scenic beauty

19 and other public values.

20 (b) PURPOSE.—It is the purpose of this Act to au21 thorize, direct, facilitate and expedite the land exchange

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

23 disposing of Federal lands with limited public utility and

24 acquire in exchange therefor lands with important values

25 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 That it is the intention of Congress that such lands

11 may remain available for the grazing of livestock as

12 determined appropriate by the Secretary in accord13 ance with applicable laws, rules, and regulations:

14 Provided further, That if the Secretary determines

15 that certain of the lands acquired adjacent to

16 Cucharas Canyon hereunder are not needed for pub17 lic purposes they may be sold in accordance with the

18 provisions of section 203 of the Federal Land Policy

19 and Management Act of 1976 and other applicable

20 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 1994;

16 (B) certain surveyed lands located in Gilpin

17 County, Colorado, Township 3 South, Range 72

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

19 38, 39, 40, 52, 53, and 54, which comprise approxi20 mately 96 acres, as generally depicted on a map en21 titled ‘‘Lake Gulch Selected Lands’’, dated July

22 1994; and

23 (C) certain unsurveyed lands located in Gilpin

24 County, Colorado, Township 3 South, Range 73

25 West, Sixth Principal Meridian, Section 13, which
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1 comprise approximately 11 acres, and are generally

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

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

4 July 1994: Provided, however, That a parcel or par5 cels of land in section 13 shall not be transferred to

6 Lake Gulch if at the time of the proposed transfer

7 the parcel or parcels are under formal application

8 for transfer to a qualified unit of local government.

9 Due to the small and unsurveyed nature of such

10 parcels proposed for transfer to Lake Gulch in sec11 tion 13, and the high cost of surveying such small

12 parcels, the Secretary is authorized to transfer such

13 section 13 lands to Lake Gulch without survey based

14 on such legal or other description as the Secretary

15 determines appropriate to carry out the basic intent

16 of the map cited in this subparagraph.

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

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

19 the Secretary may utilize the authority and direction of

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

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

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

23 formal application for transfer to a qualified unit of local

24 government, upon transfer to the Secretary of additional

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

2 amounting to the full appraised fair market value of any

3 such additional lands. If any such additional lands are lo4 cated in section 13 they may be transferred to Lake Gulch

5 without survey based on such legal or other description

6 as the Secretary determines appropriate as long as the

7 Secretary determines that the boundaries of any adjacent

8 lands not owned by Lake Gulch can be properly identified

9 so as to avoid possible future boundary conflicts or dis10 putes. If the Secretary determines surveys are necessary

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

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

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

14 additional lands pursuant to section 206(f)(2) of the Fed15 eral Land Policy and Management Act of 1976 (as amend16 ed by the Federal Land Exchange Facilitation Act of

17 1988) (43 U.S.C. 1716(f)(2)).

18 (3) Prior to transferring out of public ownership pur19 suant to this Act or other authority of law any lands which

20 are contiguous to North Clear Creek southeast of the City

21 of Black Hawk, Colorado in the County of Gilpin, Colo22 rado, the Secretary shall notify and consult with the Coun23 ty and City and afford such units of local government an

24 opportunity to acquire or reserve pursuant to the Federal

25 Land Policy and Management Act of 1976 or other appli-
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1 cable law, such easements or rights-of-way parallel to

2 North Clear Creek as may be necessary to serve public

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

4 That any survey or other costs associated with the acquisi5 tion or reservation of such easements or rights-of-way

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

7 concerned.

8 SEC. 3. TERMS AND CONDITIONS OF EXCHANGE.

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

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

11 equal as determined by the Secretary of the Interior utiliz12 ing nationally recognized appraisal standards, including,

13 to the extent appropriate, the Uniform Standards for Fed14 eral Land Acquisition, the Uniform Standards of Profes15 sional Appraisal Practice, the provisions of section 206(d)

16 of the Federal Land Policy and Management Act of 1976

17 (43 U.S.C. 1716(d)), and other applicable law.

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

19 moneys are received by the United States pursuant to this

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

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

22 fully expended to purchase from willing sellers land or

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

24 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 that 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 9,200 acres,

24 as generally depicted on a map entitled ‘‘Blanca

25 Wetlands’’, dated April 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 UNIT20 ED STATES.—In accordance with the provisions of section

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

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

23 United States pursuant to this Act shall upon acceptance

24 of title by the United States and without further action

25 by the Secretary concerned become part of and be man-
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1 aged as part of the administrative unit or area within

2 which they are located.

Æ