II

103D CONGRESS

2D SESSION S. 2470

Entitled ‘‘Gilpin County, Colorado—B.L.M. Land Transfer Act of 1994’’.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 28 (legislative day, SEPTEMBER 12), 1994

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

Entitled ‘‘Gilpin County, Colorado—B.L.M. Land Transfer

Act of 1994’’.

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;
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1 (2) these land parcels, comprised of approxi2 mately 130 separate tracts of land ranging 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 these land parcels are scattered

9 and small in size, they nevertheless appear to have

10 a fair market value which may be used by the Fed11 eral Government to exchange for lands which will

12 better lend themselves to Federal management and

13 have higher values for future public access, use and

14 enjoyment, recreation, the protection and enhance15 ment of fish and wildlife and fish and wildlife habi16 tat, and the protection of riparian lands, wetlands,

17 scenic beauty 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 along the Arkansas

25 River in Lake County, Colorado, which comprise ap26 proximately 517 acres, as generally depicted on a
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1 map entitled ‘‘Arkansas River Headwaters Front2 age’’, dated August 1994.

3 (3) 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.

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

10 precise offered land parcels identified above is unable to

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

12 problems, Lake Gulch and the Secretary may mutually

13 agree to substitute therefor alternative offered lands ac14 ceptable to the Secretary.

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

16 Upon receipt of title to the lands identified in subsection

17 (a) the Secretary shall simultaneously convey to Lake

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

19 subject to valid existing rights, in and to the following se20 lected lands:

21 (A) Certain surveyed lands located in Gilpin

22 County, Colorado, Township 3 South, Range 72

23 West, Sixth Principal Meridian, Section 18, Lots

24 118–220, which comprise approximately 195 acres

25 and are intended to include all federally owned lands
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1 in section 18, as generally depicted on a map enti2 tled ‘‘Lake Gulch Selected Lands’’, dated July 1994.

3 (B) Certain surveyed lands located in Gilpin

4 County, Colorado, Township 3 South, Range 72

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

6 38, 39, 40, 52, 53, and 54, which comprise approxi7 mately 96 acres, as generally depicted on a map en8 titled ‘‘Lake Gulch Selected Lands’’, dated July

9 1994.

10 (C) Certain unsurveyed lands located in Gilpin

11 County, Colorado, Township 3 South, Range 73

12 West, Sixth Principal Meridian, Section 13, which

13 comprise approximately 10 acres, and are generally

14 depicted as parcels 307–326 on a map entitled

15 ‘‘Lake Gulch Selected Lands’’, dated July 1994:

16 Provided, however, That a parcel or parcels of land

17 in section 13 shall not be transferred to Lake Gulch

18 if at the time of the proposed transfer the parcel or

19 parcels are under formal application for transfer to

20 a qualified unit of local government. Due to the

21 small and unsurveyed nature of such parcels pro22 posed for transfer to Lake Gulch in section 13, and

23 the high cost of surveying such small parcels, the

24 Secretary is authorized to transfer such section 13

25 lands to Lake Gulch without survey based on such
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1 legal or other description as he determines appro2 priate to carry out the basic intent of the map cited

3 in this subparagraph.

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

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

6 the Secretary may utilize the authority and direction of

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

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

9 shown on the maps cited in paragraphs (d)(1)(B) and

10 (d)(1)(C), and which are not under formal application for

11 transfer to a qualified unit of local government, upon

12 transfer to the Secretary of additional offered lands ac13 ceptable to the Secretary or upon payment to the Sec14 retary by Lake Gulch of cash equalization money amount15 ing to the full appraised fair market value of any such

16 additional lands. If any such additional lands are located

17 in section 13 they may be transferred to Lake Gulch with18 out survey based on such legal or other description as the

19 Secretary determines appropriate as long as the Secretary

20 determines that the boundaries of any adjacent lands now

21 owned by Lake Gulch can be properly identified so as to

22 avoid possible future boundary conflicts or disputes. If the

23 Secretary determines surveys are necessary to convey any

24 such additional lands to Lake Gulch, the costs of such sur25 veys shall be paid by Lake Gulch but shall not be eligible
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1 for any adjustment in the value of such additional lands

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

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

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

5 1716(f)(2)).

6 (3) Prior to transferring out of public ownership pur7 suant to this Act or other authority of law any lands which

8 are contiguous to North Clear Creek southeast of the City

9 of Black Hawk, Colorado, in the County of Gilpin, Colo10 rado, the Secretary shall notify and consult with the gov11 ernments of the County and the City and afford such units

12 of local government an opportunity to acquire or reserve

13 pursuant to the Federal Land Policy and Management Act

14 of 1976 or other applicable law such easements or rights15 of-way parallel to North Clear Creek as may be necessary

16 to serve public utility line or recreation path needs: Pro17 vided, however, That any survey or other costs associated

18 with the acquisition or reservation of such easements or

19 rights-of-way shall be paid for by the unit or units of local

20 government concerned.

21 SEC. 3. TERMS AND CONDITIONS OF EXCHANGE.

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

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

24 as determined by the Secretary of the Interior utilizing

25 nationally recognized appraisal standards, including, to
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1 the extent appropriate, the Uniform Standards for Federal

2 Land Acquisition, the Uniform Standards of Professional

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

4 Federal Land Policy and Management Act of 1976 (43

5 U.S.C. 1716(d)), and other applicable law. In the event

6 it is determined that cash equalization moneys are owed

7 to the United States in the exchange, any such cash

8 equalization moneys shall be retained by the Secretary of

9 the Interior and may be utilized by the Secretary until

10 fully expended to purchase from willing sellers land or

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

12 habitat and protect and restore wetlands in the Bureau

13 of Land Management’s Blanca Wetlands, Alamosa Coun14 ty, Colorado. Any water rights acquired by the United

15 States pursuant to this section shall be obtained by the

16 Secretary of the Interior in accordance with all applicable

17 provisions of Colorado law, including the requirement to

18 change the time, place, and type of use of said water rights

19 through the appropriate State legal proceedings and to

20 comply with any terms, conditions, or other provisions

21 contained in an applicable decree of the Colorado Water

22 Court. The use of any water rights acquired pursuant to

23 this section shall be limited to water than can be used

24 or exchanged for water that can be used on the Blanca

25 Wetlands. Any requirement or proposal to utilize facilities
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1 of the San Luis Valley Project, Closed Basin Diversion,

2 in order to effectuate the use of any such water rights

3 shall be subject to prior approval of the Rio Grande Water

4 Conservation District.

5 (b) RESTRICTIONS ON SELECTED LANDS.—(1) Con6 veyance of the selected lands to Lake Gulch pursuant to

7 this Act shall be contingent upon Lake Gulch executing

8 an agreement with the United States prior to such convey9 ance, the terms of which are acceptable to the Secretary

10 of the Interior, and which—

11 (A) grants the United States a covenant that

12 none of the selected lands (all of which currently lie

13 outside the State of Colorado’s current legally ap14 proved gaming area) shall ever be used for purposes

15 of gaming should the current legal gaming area ever

16 be expanded by the State of Colorado; and

17 (B) permanently holds the United States harm18 less for liability and indemnify the United States

19 against all costs arising from any activities, oper20 ations (including the storing, handling, and dumping

21 of hazardous materials or substances) or other acts

22 conducted by Lake Gulch or its employees, agents,

23 successors or assigns on the selected lands after

24 their transfer to Lake Gulch: Provided, however,

25 That nothing in this Act shall be construed as either
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1 diminishing or increasing any responsibility or liabil2 ity of the United States based on the condition of

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

4 transfer to Lake Gulch.

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

6 pursuant to this Act shall be subject to the existing ease7 ment for Gilpin County Road 6.

8 (3) The above terms and restrictions of this sub9 section shall not be considered in determining, or result

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

11 land for purposes of the appraisals of the selected land

12 required pursuant to section 3 of this Act.

13 (c) REVOCATION OF WITHDRAWAL.—The Public

14 Water Reserve established by Executive order dated April

15 17, 1926 (Public Water Reserve 107), Serial Number Col16 orado 17321, is hereby revoked insofar as it affects the

NW 1⁄4 SW 1 17 ⁄4 of Section 17, Township 3 South, Range

18 72 West, Sixth Principal Meridian, which covers a portion

19 of the selected lands identified in this Act.

20 (d) MANAGEMENT OF CERTAIN LANDS.—Upon their

21 acquisition by the United States, the lands referred to in

22 section 2(b)(2) of this Act shall be managed by the Sec23 retary of the Interior in accordance with the laws, rules,

24 and regulations generally applicable to the public lands,

25 and, as appropriate, in accordance with cooperative agree-
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1 ments such as the existing Arkansas Headwaters Recre2 ation Area Memorandum of Understanding, with special

3 emphasis on public fishing and recreational access to the

4 Arkansas River, and riparian and wetland habitat protec5 tion. The acquisition of such lands by the Secretary shall

6 not be construed to impose any responsibility or liability

7 on the Secretary with respect to hazardous substances

8 which may exist on the lands as of the date of their acqui9 sition by the United States. Without precluding any future

10 determination by the Secretary or appropriate Federal or

11 State authorities that cleanup of any hazardous sub12 stances which may be found to exist on the property would

13 be appropriate, nothing in this Act shall be construed to

14 require the Secretary to undertake any hazardous sub15 stances cleanup activities or studies.

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 pursuant to this Act.

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

4 area of land comprising approximately 9,290 acres,

5 as generally depicted on a map entitled ‘‘Blanca

6 Wetlands’’, dated August 1994, and any nearby land

7 which the Secretary may purchase from willing sell8 ers after the date of enactment of this Act utilizing

9 funds provided by this Act or other funds and man10 age in conjunction with and for the same general

11 purposes as the land depicted on that map.

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.

18 (c) ADMINISTRATION OF LANDS ACQUIRED BY

19 UNITED STATES.—In accordance with the provisions of

20 section 206(c) of the Federal Land Policy and Manage21 ment Act of 1976 (43 U.S.C. 1716(c)), all lands acquired

22 by the United States pursuant to this Act shall upon ac23 ceptance of title by the United States and without further

24 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