II 

Calendar No. 600 

108TH CONGRESS 

2D SESSION S. 2180 

[Report No. 108–285] 

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

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

JUNE 25, 2004 

Reported by Mr. DOMENICI, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 
2 

•S 2180 RS 

1 SECTION 1. SHORT TITLE. 

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

3 National Forests Land Exchange Act of 2004’’. 

4 SEC. 2. LAND EXCHANGE, ARAPAHO AND ROOSEVELT NA5 TIONAL FORESTS, COLORADO. 

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

7 (1) LANDS DESCRIBED.—The land exchange di8 rected by this section shall proceed if, within 30 

9 days after the date of the enactment of this Act, the 

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

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

12 the United States to the following non-Federal 

13 lands: 

14 (A) Certain lands located near the commu15 nity of Evergreen in Park County, Colorado, 

16 comprising approximately 80 acres, as generally 

17 depicted on a map entitled ‘‘Non-Federal 

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

19 (B) Certain lands located near Argentine 

20 Pass in Clear Creek and Summit Counties, Col21 orado, comprising approximately 55.909 acres 

22 in 14 patented mining claims, as generally de23 picted on a map entitled ‘‘Argentine Pass/Con24 tinental Divide Trail Lands’’, dated September 

25 2003. 
3 

•S 2180 RS 

1 (2) CONDITIONS OF CONVEYANCE.—The con2 veyance of lands under paragraph (1)(B) to the 

3 United States shall be subject to the absolute right 

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

5 occupy so much of the surface and subsurface of the 

6 lands as may be reasonably necessary to access, 

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

8 otherwise utilize the Vidler Tunnel to the same ex9 tent that the City would have had such right if the 

10 lands had not been conveyed to the United States 

11 and remained in City ownership. The exercise of 

12 such right shall not require the City to secure any 

13 permit or other advance approval from the United 

14 States. Upon acquisition by the United States, such 

15 lands are hereby permanently withdrawn from all 

16 forms of entry and appropriation under the public 

17 land laws, including the mining and mineral leasing 

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

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

20 (b) CONVEYANCE BY UNITED STATES.—Upon re21 ceipt of acceptable title to the non-Federal lands identified 

22 in subsection (a), the Secretary of Agriculture shall simul23 taneously convey to the City all right, title and interest 

24 of the United States in and to certain Federal lands, com25 prising approximately 9.84 acres, as generally depicted on 
4 

•S 2180 RS 

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

2 dated June 2003. 

3 (c) EQUAL VALUE EXCHANGE.— 

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

5 lands identified in subsection (b) and the non-Fed6 eral lands identified in subsection (a)(1)(A) shall be 

7 determined by the Secretary through appraisals per8 formed in accordance with the Uniform Appraisal 

9 Standards for Federal Land Acquisitions (December 

10 20, 2000) and the Uniform Standards of Profes11 sional Appraisal Practice. Except as provided in 

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

13 lands identified in subsection (a)(1)(B) shall be con14 sidered a donation for all purposes of law. 

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

16 final appraised value, as approved by the Secretary, 

17 of the non-Federal lands identified in subsection 

18 (a)(1)(A) exceeds the final appraised value, as ap19 proved by the Secretary, of the Federal land identi20 fied in subsection (b), the values may be equalized— 

21 (A) by reducing the acreage of the non22 Federal lands identified in subsection (a) to be 

23 conveyed, as determined appropriate and ac24 ceptable by the Secretary and the City; 
5 

•S 2180 RS 

1 (B) the making of a cash equalization pay2 ment to the City, including a cash equalization 

3 payment in excess of the amount authorized by 

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

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

6 or 

7 (C) a combination of acreage reduction 

8 and cash equalization. 

9 (3) SURPLUS OF FEDERAL VALUE.—If the final 

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

11 Federal land identified in subsection (b) exceeds the 

12 final appraised value, as approved by the Secretary, 

13 of the non-Federal lands identified in subsection 

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

15 value for the non-Federal lands identified in sub16 section (a)(1)(B) and utilize such value to the extent 

17 necessary to equalize the values of the non-Federal 

18 lands identified in subsection (a)(1)(A) and the Fed19 eral land identified in subsection (b). If the Sec20 retary declines to accept the non-Federal lands iden21 tified in subsection (a)(1)(B) for any reason, the 

22 City shall make a cash equalization payment to the 

23 Secretary as necessary to equalize the values of the 

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

25 and the Federal land identified in subsection (b). 
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1 (d) EXCHANGE COSTS.—To expedite the land ex2 change under this section and save administrative costs 

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

4 for— 

5 (1) any necessary land surveys; and 

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

7 performed in accordance with Forest Service policy 

8 on approval of the appraiser and the issuance of ap9 praisal instructions. 

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

11 intent of Congress that the land exchange directed by this 

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

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

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

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

16 pipeline on or near the existing course of the Lindstrom 

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

18 without further action or authorization by the Secretary, 

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

20 City shall execute and convey to the Secretary a legal doc21 ument that permanently holds the United States harmless 

22 for any and all liability arising from the construction of 

23 such water pipeline and indemnifies the United States 

24 against all costs arising from the United States’ ownership 

25 of the Federal land, and any actions, operations or other 
7 

•S 2180 RS 

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

2 constructing such water pipeline or engaging in other acts 

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

4 encumbrance on the Federal land prior to conveyance shall 

5 not be considered for purposes of the appraisal. 

6 (f) ALTERNATIVE SALE AUTHORITY.—If the land ex7 change is not completed for any reason, the Secretary is 

8 hereby authorized and directed to sell the Federal land 

9 identified in subsection (b) to the City at its final ap10 praised value, as approved by the Secretary. Any money 

11 received by the United States in such sale shall be consid12 ered money received and deposited pursuant to Public 

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

14 ‘‘Sisk Act’’, and may be used, without further appropria15 tion, for the acquisition of lands for addition to the Na16 tional Forest System in the State of Colorado. 

17 (g) INCORPORATION, MANAGEMENT, AND STATUS OF

18 ACQUIRED LANDS.—Land acquired by the United States 

19 under the land exchange shall become part of the Arapaho 

20 and Roosevelt National Forests, and the exterior boundary 

21 of such forest is hereby modified, without further action 

22 by the Secretary, as necessary to incorporate the non-Fed23 eral lands identified in subsection (a) and an additional 

24 40 acres as depicted on a map entitled ‘‘Arapaho and Roo25 sevelt National Forest Boundary Adjustment—Cub 
8 

•S 2180 RS 

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

2 or interests in land acquired under the authority of this 

3 Act shall be administered in accordance with the laws, 

4 rules and regulations generally applicable to the National 

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

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

7 460l–9), the boundaries of the Arapaho and Roosevelt Na8 tional Forests, as adjusted by this subsection shall be 

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

10 1, 1965. 

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

12 the agreement of the City, may make technical corrections 

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

14 section or adjust the boundaries of the Federal lands to 

15 leave the United States with a manageable post-exchange 

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

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

18 shall prevail unless the Secretary and the City agree other19 wise. 

20 (i) REVOCATION OF ORDERS AND WITHDRAWAL.— 

21 Any public orders withdrawing any of the Federal lands 

22 identified in subsection (b) from appropriation or disposal 

23 under the public land laws are hereby revoked to the ex24 tent necessary to permit disposal of the Federal lands. 

25 Upon the enactment of this Act, if not already withdrawn 
9 

•S 2180 RS 

1 or segregated from the entry and appropriation under the 

2 public land laws, including the mining and mineral leasing 

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

4 1001 et seq.), the Federal lands are hereby withdrawn 

5 until the date of their conveyance to the City. 

6 SECTION 1. SHORT TITLE. 

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

8 National Forests Land Exchange Act of 2004’’. 

9 SEC. 2. LAND EXCHANGE, ARAPAHO AND ROOSEVELT NA10 TIONAL FORESTS, COLORADO. 

11 (a) CONVEYANCE BY CITY OF GOLDEN.— 

12 (1) NON-FEDERAL LAND DESCRIBED.—The land 

13 exchange directed by this section shall proceed if, not 

14 later than 30 days after the date of enactment of this 

15 Act, the City of Golden, Colorado (referred to in this 

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

17 to the Secretary of Agriculture (referred to in this sec18 tion as the ‘‘Secretary’’) to the following non-Federal 

19 land: 

20 (A) Certain land located near the commu21 nity of Evergreen in Park County, Colorado, 

22 comprising approximately 80 acres, as generally 

23 depicted on the map entitled ‘‘Non-Federal 

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

•S 2180 RS 

1 (B) Certain land located near Argentine 

2 Pass in Clear Creek and Summit Counties, Colo3 rado, comprising approximately 55.909 acres, as 

4 generally depicted on the map entitled ‘‘Argen5 tine Pass/Continental Divide Trail Lands’’, 

6 dated September 2003. 

7 (2) CONDITIONS OF CONVEYANCE.— 

8 (A) VIDLER TUNNEL.—The conveyance of 

9 land under paragraph (1)(B) to the Secretary 

10 shall be subject to the continuing right of the 

11 City to permanently enter on, use, and occupy so 

12 much of the surface and subsurface of the land 

13 as reasonably is necessary to access, maintain, 

14 modify, or otherwise use the Vidler Tunnel to the 

15 same extent that the City would have had that 

16 right if the land had not been conveyed to the 

17 Secretary and remained in City ownership. 

18 (B) ADVANCE APPROVAL.—The exercise of 

19 that right shall not require the City to secure 

20 any permit or other advance approval from the 

21 United States except to the extent that the City 

22 would have been required had the land not been 

23 conveyed to the Secretary and remained in City 

24 ownership. 
11 

•S 2180 RS 

1 (C) WITHDRAWAL.—On acquisition by the 

2 Secretary, the land is permanently withdrawn 

3 from all forms of entry and appropriation under 

4 the public land laws (including the mining and 

5 mineral leasing laws) and the Geothermal Steam 

6 Act of 1970 (30 U.S.C. 1001 et seq.). 

7 (b) FEDERAL LAND DESCRIBED.—On receipt of title 

8 to the non-Federal land identified in subsection (a) that is 

9 acceptable to the Secretary, the Secretary shall simulta10 neously convey to the City all right, title, and interest of 

11 the United States in and to certain Federal land, com12 prising approximately 9.84 acres, as generally depicted on 

13 the map entitled ‘‘Empire Federal Lands—Parcel 12’’, 

14 dated June 2003. 

15 (c) EQUAL VALUE EXCHANGE.— 

16 (1) APPRAISAL.— 

17 (A) IN GENERAL.—The values of the Federal 

18 land identified in subsection (b) and the non19 Federal land identified in subsection (a)(1)(A) 

20 shall be determined by the Secretary through ap21 praisals performed in accordance with the Uni22 form Appraisal Standards for Federal Land Ac23 quisitions and the Uniform Standards of Profes24 sional Appraisal Practice. 
12 

•S 2180 RS 

1 (B) DONATION.—Except as provided in 

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

3 land identified in subsection (a)(1)(B) shall be 

4 considered a donation for all purposes of law. 

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

6 final appraised value (as approved by the Secretary) 

7 of the non-Federal land identified in subsection 

8 (a)(1)(A) exceeds the final appraised value (as ap9 proved by the Secretary) of the Federal land identi10 fied in subsection (b), the values may be equalized 

11 by— 

12 (A) reducing the acreage of the non-Federal 

13 land identified in subsection (a)(1)(A) to be con14 veyed, as determined appropriate and acceptable 

15 by the Secretary and the City; 

16 (B) making a cash equalization payment to 

17 the City, including a cash equalization payment 

18 in excess of the amount authorized by section 

19 206(b) of the Federal Land Policy and Manage20 ment Act of 1976 (43 U.S.C. 1716(b)); or 

21 (C) a combination of acreage reduction and 

22 cash equalization. 

23 (3) SURPLUS OF FEDERAL VALUE.— 

24 (A) APPRAISAL.—If the final appraised 

25 value (as approved by the Secretary) of the Fed-
13 

•S 2180 RS 

1 eral land identified in subsection (b) exceeds the 

2 final appraised value (as approved by the Sec3 retary) of the non-Federal land identified in sub4 section (a)(1)(A), the Secretary shall— 

5 (i) conduct an appraisal in accordance 

6 with the Uniform Appraisal Standards for 

7 Federal Land Acquisitions and the Uniform 

8 Standards of Professional Appraisal Prac9 tice for the non-Federal land to be conveyed 

10 pursuant to subsection (a)(1)(B); and 

11 (ii) use the value to the extent nec12 essary to equalize the values of the non-Fed13 eral land identified in subsection (a)(1)(A) 

14 and the Federal land identified in sub15 section (b). 

16 (B) CASH EQUALIZATION PAYMENT.—If the 

17 Secretary declines to accept the non-Federal land 

18 identified in subsection (a)(1)(B) for any reason 

19 or if the value of the Federal land described in 

20 subsection (b) exceeds the value of all of the non21 Federal land described in subsection (a)(1), the 

22 City may make a cash equalization payment to 

23 the Secretary, including a cash equalization pay24 ment in excess of the amount authorized by sec-
14 

•S 2180 RS 

1 tion 206(b) of the Federal Land Policy and 

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

3 (d) EXCHANGE COSTS.—The City shall pay for— 

4 (1) any necessary land surveys; and 

5 (2) the costs of the appraisals, on approval of the 

6 appraiser and the issuance of appraisal instructions. 

7 (e) TIMING AND INTERIM AUTHORIZATION.— 

8 (1) TIMING.—It is the intent of Congress that the 

9 land exchange directed by this Act shall be completed 

10 not later than 180 days after the date of enactment 

11 of this Act. 

12 (2) INTERIM AUTHORIZATION.—Pending comple13 tion of the land exchange, not later than 45 days after 

14 the date of enactment of this Act, subject to applicable 

15 law, the Secretary shall authorize the City to con16 struct approximately 140 feet of water pipeline on or 

17 near the existing course of the Lindstrom ditch 

18 through the Federal land identified in subsection (b). 

19 (f) ALTERNATIVE SALE AUTHORITY.— 

20 (1) IN GENERAL.—If the land exchange is not 

21 completed for any reason, the Secretary shall sell the 

22 Federal land identified in subsection (b) to the City 

23 at the final appraised value of the land, as approved 

24 by the Secretary. 
15 

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1 (2) SISK ACT.—Public Law 90–171 (commonly 

2 known as the ‘‘Sisk Act’’) (16 U.S.C. 484a) shall, 

3 without further appropriation, apply to any cash 

4 equalization payment received by the United States 

5 under this section. 

6 (g) INCORPORATION, MANAGEMENT, AND STATUS OF

7 ACQUIRED LAND.— 

8 (1) INCORPORATION.—Land acquired by the 

9 United States under the land exchange shall become 

10 part of the Arapaho and Roosevelt National Forests. 

11 (2) BOUNDARY.—The exterior boundary of the 

12 Forests is modified, without further action by the Sec13 retary, as necessary to incorporate— 

14 (A) the non-Federal land identified in sub15 section (a); and 

16 (B) approximately an additional 80 acres 

17 as depicted on the map entitled ‘‘Arapaho and 

18 Roosevelt National Forest Boundary Adjust19 ment—Cub Creek’’, dated June 2003. 

20 (3) ADMINISTRATION.—On acquisition, land or 

21 interests in land acquired under this section shall be 

22 administered in accordance with the laws (including 

23 rules and regulations) generally applicable to the Na24 tional Forest System. 
16 

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1 (4) LAND AND WATER CONSERVATION FUND.— 

2 For purposes of section 7 of the Land and Water Con3 servation Fund Act of 1965 (16 U.S.C. 460l–9), the 

4 boundaries of the Arapaho and Roosevelt National 

5 Forests (as adjusted by this subsection) shall be 

6 deemed to be the boundaries of the Forests as of Janu7 ary 1, 1965. 

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

9 the agreement of the City, may make technical corrections 

10 or correct clerical errors in the maps referred to in this sec11 tion. 

12 (i) REVOCATION OF ORDERS AND WITHDRAWAL.— 

13 (1) REVOCATION OF ORDERS.—Any public orders 

14 withdrawing any of the Federal land identified in 

15 subsection (b) from appropriation or disposal under 

16 the public land laws are revoked to the extent nec17 essary to permit disposal of the Federal land. 

18 (2) WITHDRAWAL.—On the date of enactment of 

19 this Act, if not already withdrawn or segregated from 

20 entry and appropriation under the public land laws 

21 (including the mining and mineral leasing laws) and 

22 the Geothermal Steam Act of 1970 (30 U.S.C. 1001 

23 et seq.), the Federal land identified in subsection (b) 

24 is withdrawn until the date of the conveyance of the 

25 Federal land to the City. 

Calendar No. 600 

108TH CONGRESS 

2D SESSION S. 2180 

[Report No. 108–285] 

A BILL 

To direct the Secretary of Agriculture to exchange 

tional Forests in the State of Colorado. certain lands in the Arapaho and Roosevelt NaJUNE 25, 2004 

Reported with an amendment