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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2180 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  2d Session
                                S. 2180

_______________________________________________________________________

                                 AN ACT

 
To direct the Secretary of Agriculture to exchange certain lands in the 
    Arapaho and Roosevelt National Forests in the State of Colorado.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Arapaho and Roosevelt National 
Forests Land Exchange Act of 2004''.

SEC. 2. LAND EXCHANGE, ARAPAHO AND ROOSEVELT NATIONAL FORESTS, 
              COLORADO.

    (a) Conveyance by City of Golden.--
            (1) Non-federal land described.--The land exchange directed 
        by this section shall proceed if, not later than 30 days after 
        the date of enactment of this Act, the City of Golden, Colorado 
        (referred to in this section as the ``City''), offers to convey 
        title acceptable to the Secretary of Agriculture (referred to 
        in this section as the ``Secretary'') to the following non-
        Federal land:
                    (A) Certain land located near the community of 
                Evergreen in Park County, Colorado, comprising 
                approximately 80 acres, as generally depicted on the 
                map entitled ``Non-Federal Lands--Cub Creek Parcel'', 
                dated June 2003.
                    (B) Certain land located near Argentine Pass in 
                Clear Creek and Summit Counties, Colorado, comprising 
                approximately 55.909 acres, as generally depicted on 
                the map entitled ``Argentine Pass/Continental Divide 
                Trail Lands'', dated September 2003.
            (2) Conditions of conveyance.--
                    (A) Vidler tunnel.--The conveyance of land under 
                paragraph (1)(B) to the Secretary shall be subject to 
                the continuing right of the City to permanently enter 
                on, use, and occupy so much of the surface and 
                subsurface of the land as reasonably is necessary to 
                access, maintain, modify, or otherwise use the Vidler 
                Tunnel to the same extent that the City would have had 
                that right if the land had not been conveyed to the 
                Secretary and remained in City ownership.
                    (B) Advance approval.--The exercise of that right 
                shall not require the City to secure any permit or 
                other advance approval from the United States except to 
                the extent that the City would have been required had 
                the land not been conveyed to the Secretary and 
                remained in City ownership.
                    (C) Withdrawal.--On acquisition by the Secretary, 
                the land is permanently withdrawn from all forms of 
                entry and appropriation under the public land laws 
                (including the mining and mineral leasing laws) and the 
                Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.).
    (b) Federal Land Described.--On receipt of title to the non-Federal 
land identified in subsection (a) that is acceptable to the Secretary, 
the Secretary shall simultaneously convey to the City all right, title, 
and interest of the United States in and to certain Federal land, 
comprising approximately 9.84 acres, as generally depicted on the map 
entitled ``Empire Federal Lands--Parcel 12'', dated June 2003.
    (c) Equal Value Exchange.--
            (1) Appraisal.--
                    (A) In general.--The values of the Federal land 
                identified in subsection (b) and the non-Federal land 
                identified in subsection (a)(1)(A) shall be determined 
                by the Secretary through appraisals performed in 
                accordance with the Uniform Appraisal Standards for 
                Federal Land Acquisitions and the Uniform Standards of 
                Professional Appraisal Practice.
                    (B) Donation.--Except as provided in paragraph (3), 
                the conveyance of the non-Federal land identified in 
                subsection (a)(1)(B) shall be considered a donation for 
                all purposes of law.
            (2) Surplus of non-federal value.--If the final appraised 
        value (as approved by the Secretary) of the non-Federal land 
        identified in subsection (a)(1)(A) exceeds the final appraised 
        value (as approved by the Secretary) of the Federal land 
        identified in subsection (b), the values may be equalized by--
                    (A) reducing the acreage of the non-Federal land 
                identified in subsection (a)(1)(A) to be conveyed, as 
                determined appropriate and acceptable by the Secretary 
                and the City;
                    (B) making a cash equalization payment to the City, 
                including a cash equalization payment in excess of the 
                amount authorized by section 206(b) of the Federal Land 
                Policy and Management Act of 1976 (43 U.S.C. 1716(b)); 
                or
                    (C) a combination of acreage reduction and cash 
                equalization.
            (3) Surplus of federal value.--
                    (A) Appraisal.--If the final appraised value (as 
                approved by the Secretary) of the Federal land 
                identified in subsection (b) exceeds the final 
                appraised value (as approved by the Secretary) of the 
                non-Federal land identified in subsection (a)(1)(A), 
                the Secretary shall--
                            (i) conduct an appraisal in accordance with 
                        the Uniform Appraisal Standards for Federal 
                        Land Acquisitions and the Uniform Standards of 
                        Professional Appraisal Practice for the non-
                        Federal land to be conveyed pursuant to 
                        subsection (a)(1)(B); and
                            (ii) use the value to the extent necessary 
                        to equalize the values of the non-Federal land 
                        identified in subsection (a)(1)(A) and the 
                        Federal land identified in subsection (b).
                    (B) Cash equalization payment.--If the Secretary 
                declines to accept the non-Federal land identified in 
                subsection (a)(1)(B) for any reason or if the value of 
                the Federal land described in subsection (b) exceeds 
                the value of all of the non-Federal land described in 
                subsection (a)(1), the City may make a cash 
                equalization payment to the Secretary, including a cash 
                equalization payment in excess of the amount authorized 
                by section 206(b) of the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1716(b)).
    (d) Exchange Costs.--The City shall pay for--
            (1) any necessary land surveys; and
            (2) the costs of the appraisals, on approval of the 
        appraiser and the issuance of appraisal instructions.
    (e) Timing and Interim Authorization.--
            (1) Timing.--It is the intent of Congress that the land 
        exchange directed by this Act shall be completed not later than 
        180 days after the date of enactment of this Act.
            (2) Interim authorization.--Pending completion of the land 
        exchange, not later than 45 days after the date of enactment of 
        this Act, subject to applicable law, the Secretary shall 
        authorize the City to construct approximately 140 feet of water 
        pipeline on or near the existing course of the Lindstrom ditch 
        through the Federal land identified in subsection (b).
    (f) Alternative Sale Authority.--
            (1) In general.--If the land exchange is not completed for 
        any reason, the Secretary shall sell the Federal land 
        identified in subsection (b) to the City at the final appraised 
        value of the land, as approved by the Secretary.
            (2) Sisk act.--Public Law 90-171 (commonly known as the 
        ``Sisk Act'') (16 U.S.C. 484a) shall, without further 
        appropriation, apply to any cash equalization payment received 
        by the United States under this section.
    (g) Incorporation, Management, and Status of Acquired Land.--
            (1) Incorporation.--Land acquired by the United States 
        under the land exchange shall become part of the Arapaho and 
        Roosevelt National Forests.
            (2) Boundary.--The exterior boundary of the Forests is 
        modified, without further action by the Secretary, as necessary 
        to incorporate--
                    (A) the non-Federal land identified in subsection 
                (a); and
                    (B) approximately an additional 80 acres as 
                depicted on the map entitled ``Arapaho and Roosevelt 
                National Forest Boundary Adjustment--Cub Creek'', dated 
                June 2003.
            (3) Administration.--On acquisition, land or interests in 
        land acquired under this section shall be administered in 
        accordance with the laws (including rules and regulations) 
        generally applicable to the National Forest System.
            (4) Land and water conservation fund.--For purposes of 
        section 7 of the Land and Water Conservation Fund Act of 1965 
        (16 U.S.C. 460l-9), the boundaries of the Arapaho and Roosevelt 
        National Forests (as adjusted by this subsection) shall be 
        deemed to be the boundaries of the Forests as of January 1, 
        1965.
    (h) Technical Corrections.--The Secretary, with the agreement of 
the City, may make technical corrections or correct clerical errors in 
the maps referred to in this section.
    (i) Revocation of Orders and Withdrawal.--
            (1) Revocation of orders.--Any public orders withdrawing 
        any of the Federal land identified in subsection (b) from 
        appropriation or disposal under the public land laws are 
        revoked to the extent necessary to permit disposal of the 
        Federal land.
            (2) Withdrawal.--On the date of enactment of this Act, if 
        not already withdrawn or segregated from entry and 
        appropriation under the public land laws (including the mining 
        and mineral leasing laws) and the Geothermal Steam Act of 1970 
        (30 U.S.C. 1001 et seq.), the Federal land identified in 
        subsection (b) is withdrawn until the date of the conveyance of 
        the Federal land to the City.

            Passed the Senate September 15, 2004.

            Attest:

                                                             Secretary.
108th CONGRESS

  2d Session

                                S. 2180

_______________________________________________________________________

                                 AN ACT

To direct the Secretary of Agriculture to exchange certain lands in the 
    Arapaho and Roosevelt National Forests in the State of Colorado.
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