II 

108TH CONGRESS 

2D SESSION S. 2180

To direct the Secretary of Agriculture to exchange certain lands in the 

Arapaho and Roosevelt National Forests in the State of Colorado. 

IN THE SENATE OF THE UNITED STATES 

MARCH 9, 2004

Mr. CAMPBELL introduced the following bill; which was read twice and 

referred to the Committee on Energy and Natural Resources 

A BILL

To direct the Secretary of Agriculture to exchange certain 

lands in the Arapaho and Roosevelt National Forests 

in the State of 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Arapaho and Roosevelt 

5 National Forests Land Exchange Act of 2004’’. 

6 SEC. 2. LAND EXCHANGE, ARAPAHO AND ROOSEVELT NA7 TIONAL FORESTS, COLORADO. 

8 (a) CONVEYANCE BY THE CITY OF GOLDEN.—

9 (1) LANDS DESCRIBED.—The land exchange di10 rected by this section shall proceed if, within 30 
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1 days after the date of the enactment of this Act, the 

2 City of Golden, Colorado (in the section referred to 

3 as the ‘‘City’’), offers to convey title acceptable to 

4 the United States to the following non-Federal 

5 lands: 

6 (A) Certain lands located near the commu7 nity of Evergreen in Park County, Colorado, 

8 comprising approximately 80 acres, as generally 

9 depicted on a map entitled ‘‘Non-Federal 

10 Lands—Cub Creek Parcel’’, dated June, 2003. 

11 (B) Certain lands located near Argentine 

12 Pass in Clear Creek and Summit Counties, Col13 orado, comprising approximately 55.909 acres 

14 in 14 patented mining claims, as generally de15 picted on a map entitled ‘‘Argentine Pass/Con16 tinental Divide Trail Lands’’, dated September 

17 2003. 

18 (2) CONDITIONS OF CONVEYANCE.—The con19 veyance of lands under paragraph (1)(B) to the 

20 United States shall be subject to the absolute right 

21 of the City to permanently enter upon, utilize, and 

22 occupy so much of the surface and subsurface of the 

23 lands as may be reasonably necessary to access, 

24 maintain, repair, modify, make improvements in, or 

25 otherwise utilize the Vidler Tunnel to the same ex-
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1 tent that the City would have had such right if the 

2 lands had not been conveyed to the United States 

3 and remained in City ownership. The exercise of 

4 such right shall not require the City to secure any 

5 permit or other advance approval from the United 

6 States. Upon acquisition by the United States, such 

7 lands are hereby permanently withdrawn from all 

8 forms of entry and appropriation under the public 

9 land laws, including the mining and mineral leasing 

10 laws, and the Geothermal Steam Act of 1970 (30 

11 U.S.C. 1001 et seq.). 

12 (b) CONVEYANCE BY UNITED STATES.—Upon re13 ceipt of acceptable title to the non-Federal lands identified 

14 in subsection (a), the Secretary of Agriculture shall simul15 taneously convey to the City all right, title and interest 

16 of the United States in and to certain Federal lands, com17 prising approximately 9.84 acres, as generally depicted on 

18 a map entitled ‘‘Empire Federal Lands—Parcel 12’’, 

19 dated June 2003. 

20 (c) EQUAL VALUE EXCHANGE.—

21 (1) APPRAISAL.—The values of the Federal 

22 lands identified in subsection (b) and the non-Fed23 eral lands identified in subsection (a)(1)(A) shall be 

24 determined by the Secretary through appraisals per25 formed in accordance with the Uniform Appraisal 
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1 Standards for Federal Land Acquisitions (December 

2 20, 2000) and the Uniform Standards of Profes3 sional Appraisal Practice. Except as provided in 

4 paragraph (3), the conveyance of the non-Federal 

5 lands identified in subsection (a)(1)(B) shall be con6 sidered a donation for all purposes of law. 

7 (2) SURPLUS OF NON-FEDERAL VALUE.—If the 

8 final appraised value, as approved by the Secretary, 

9 of the non-Federal lands identified in subsection 

10 (a)(1)(A) exceeds the final appraised value, as ap11 proved by the Secretary, of the Federal land identi12 fied in subsection (b), the values may be equalized—

13 (A) by reducing the acreage of the non14 Federal lands identified in subsection (a) to be 

15 conveyed, as determined appropriate and ac16 ceptable by the Secretary and the City; 

17 (B) the making of a cash equalization pay18 ment to the City, including a cash equalization 

19 payment in excess of the amount authorized by 

20 section 206(b) of the Federal Land Policy and 

21 Management Act of 1976 (43 U.S.C. 1716(b)); 

22 or 

23 (C) a combination of acreage reduction 

24 and cash equalization.
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1 (3) SURPLUS OF FEDERAL VALUE.—If the final 

2 appraised value, as approved by the Secretary, of the 

3 Federal land identified in subsection (b) exceeds the 

4 final appraised value, as approved by the Secretary, 

5 of the non-Federal lands identified in subsection 

6 (a)(1)(A), the Secretary shall prepare a statement of 

7 value for the non-Federal lands identified in sub8 section (a)(1)(B) and utilize such value to the extent 

9 necessary to equalize the values of the non-Federal 

10 lands identified in subsection (a)(1)(A) and the Fed11 eral land identified in subsection (b). If the Sec12 retary declines to accept the non-Federal lands iden13 tified in subsection (a)(1)(B) for any reason, the 

14 City shall make a cash equalization payment to the 

15 Secretary as necessary to equalize the values of the 

16 non-Federal lands identified in subsection (a)(1)(A) 

17 and the Federal land identified in subsection (b). 

18 (d) EXCHANGE COSTS.—To expedite the land ex19 change under this section and save administrative costs 

20 to the United States, the City shall be required to pay 

21 for—

22 (1) any necessary land surveys; and 

23 (2) the costs of the appraisals, which shall be 

24 performed in accordance with Forest Service policy 
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1 on approval of the appraiser and the issuance of ap2 praisal instructions. 

3 (e) TIMING AND INTERIM AUTHORIZATION.—It is the 

4 intent of Congress that the land exchange directed by this 

5 Act shall be completed no later than 120 days after the 

6 date of the enactment of this Act. Pending completion of 

7 the land exchange, the City is authorized, effective on the 

8 date of the enactment of this Act, to construct a water 

9 pipeline on or near the existing course of the Lindstrom 

10 ditch through the Federal land identified in subsection (b) 

11 without further action or authorization by the Secretary, 

12 except that, prior to initiating any such construction, the 

13 City shall execute and convey to the Secretary a legal doc14 ument that permanently holds the United States harmless 

15 for any and all liability arising from the construction of 

16 such water pipeline and indemnifies the United States 

17 against all costs arising from the United States’ ownership 

18 of the Federal land, and any actions, operations or other 

19 acts of the City or its licensees, employees, or agents in 

20 constructing such water pipeline or engaging in other acts 

21 on the Federal land prior to its transfer to the City. Such 

22 encumbrance on the Federal land prior to conveyance shall 

23 not be considered for purposes of the appraisal. 

24 (f) ALTERNATIVE SALE AUTHORITY.—If the land ex25 change is not completed for any reason, the Secretary is 
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1 hereby authorized and directed to sell the Federal land 

2 identified in subsection (b) to the City at its final ap3 praised value, as approved by the Secretary. Any money 

4 received by the United States in such sale shall be consid5 ered money received and deposited pursuant to Public 

6 Law 90–171 (16 U.S.C. 484(a); commonly known as the 

7 ‘‘Sisk Act’’, and may be used, without further appropria8 tion, for the acquisition of lands for addition to the Na9 tional Forest System in the State of Colorado. 

10 (g) INCORPORATION, MANAGEMENT, AND STATUS OF

11 ACQUIRED LANDS.—Land acquired by the United States 

12 under the land exchange shall become part of the Arapaho 

13 and Roosevelt National Forests, and the exterior boundary 

14 of such forest is hereby modified, without further action 

15 by the Secretary, as necessary to incorporate the non-Fed16 eral lands identified in subsection (a) and an additional 

17 40 acres as depicted on a map entitled ‘‘Arapaho and Roo18 sevelt National Forest Boundary Adjustment—Cub 

19 Creek’’, dated June 2003. Upon their acquisition, lands 

20 or interests in land acquired under the authority of this 

21 Act shall be administered in accordance with the laws, 

22 rules and regulations generally applicable to the National 

23 Forest System. For purposes of Section 7 of the Land 

24 and Water Conservation Fund Act of 1965 (16 U.S.C. 

25 460l–9), the boundaries of the Arapaho and Roosevelt Na-
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1 tional Forests, as adjusted by this subsection shall be 

2 deemed to be the boundaries of such forest as of January 

3 1, 1965. 

4 (h) TECHNICAL CORRECTIONS.—The Secretary, with 

5 the agreement of the City, may make technical corrections 

6 or correct clerical errors in the maps referred to in this 

7 section or adjust the boundaries of the Federal lands to 

8 leave the United States with a manageable post-exchange 

9 or sale boundary. In the event of any discrepancy between 

10 a map, acreage estimate, or legal description, the map 

11 shall prevail unless the Secretary and the City agree other12 wise. 

13 (i) REVOCATION OF ORDERS AND WITHDRAWAL.—

14 Any public orders withdrawing any of the Federal lands 

15 identified in subsection (b) from appropriation or disposal 

16 under the public land laws are hereby revoked to the ex17 tent necessary to permit disposal of the Federal lands. 

18 Upon the enactment of this Act, if not already withdrawn 

19 or segregated from the entry and appropriation under the 

20 public land laws, including the mining and mineral leasing 

21 laws and the Geothermal Steam Act of 1970 (30 U.S.C. 

22 1001 et seq.), the Federal lands are hereby withdrawn 

23 until the date of their conveyance to the City.

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