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.

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’’.
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1 SEC. 2. LAND EXCHANGE, ARAPAHO AND ROOSEVELT NA2 TIONAL FORESTS, COLORADO.

3 (a) CONVEYANCE BY CITY OF GOLDEN.—

4 (1) NON-FEDERAL LAND DESCRIBED.—The

5 land exchange directed by this section shall proceed

6 if, not later than 30 days after the date of enact7 ment of this Act, the City of Golden, Colorado (re8 ferred to in this section as the ‘‘City’’), offers to

9 convey title acceptable to the Secretary of Agri10 culture (referred to in this section as the ‘‘Sec11 retary’’) to the following non-Federal land:

12 (A) Certain land located near the commu13 nity of Evergreen in Park County, Colorado,

14 comprising approximately 80 acres, as generally

15 depicted on the map entitled ‘‘Non-Federal

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

17 (B) Certain land located near Argentine

18 Pass in Clear Creek and Summit Counties, Col19 orado, comprising approximately 55.909 acres,

20 as generally depicted on the map entitled ‘‘Ar21 gentine Pass/Continental Divide Trail Lands’’,

22 dated September 2003.

23 (2) CONDITIONS OF CONVEYANCE.—

24 (A) VIDLER TUNNEL.—The conveyance of

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

26 shall be subject to the continuing right of the
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1 City to permanently enter on, use, and occupy

2 so much of the surface and subsurface of the

3 land as reasonably is necessary to access, main4 tain, modify, or otherwise use the Vidler Tunnel

5 to the same extent that the City would have

6 had that right if the land had not been con7 veyed to the Secretary and remained in City

8 ownership.

9 (B) ADVANCE APPROVAL.—The exercise of

10 that right shall not require the City to secure

11 any permit or other advance approval from the

12 United States except to the extent that the City

13 would have been required had the land not been

14 conveyed to the Secretary and remained in City

15 ownership.

16 (C) WITHDRAWAL.—On acquisition by the

17 Secretary, the land is permanently withdrawn

18 from all forms of entry and appropriation under

19 the public land laws (including the mining and

20 mineral leasing laws) and the Geothermal

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

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

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

24 is acceptable to the Secretary, the Secretary shall simulta25 neously convey to the City all right, title, and interest of
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1 the United States in and to certain Federal land, com2 prising approximately 9.84 acres, as generally depicted on

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

4 dated June 2003.

5 (c) EQUAL VALUE EXCHANGE.—

6 (1) APPRAISAL.—

7 (A) IN GENERAL.—The values of the Fed8 eral land identified in subsection (b) and the

9 non-Federal land identified in subsection

10 (a)(1)(A) shall be determined by the Secretary

11 through appraisals performed in accordance

12 with the Uniform Appraisal Standards for Fed13 eral Land Acquisitions and the Uniform Stand14 ards of Professional Appraisal Practice.

15 (B) DONATION.—Except as provided in

16 paragraph (3), the conveyance of the non-Fed17 eral land identified in subsection (a)(1)(B) shall

18 be considered a donation for all purposes of

19 law.

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

21 final appraised value (as approved by the Secretary)

22 of the non-Federal land identified in subsection

23 (a)(1)(A) exceeds the final appraised value (as ap24 proved by the Secretary) of the Federal land identi-
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1 fied in subsection (b), the values may be equalized

2 by—

3 (A) reducing the acreage of the non-Fed4 eral land identified in subsection (a)(1)(A) to be

5 conveyed, as determined appropriate and ac6 ceptable by the Secretary and the City;

7 (B) making a cash equalization payment to

8 the City, including a cash equalization payment

9 in excess of the amount authorized by section

10 206(b) of the Federal Land Policy and Manage11 ment Act of 1976 (43 U.S.C. 1716(b)); or

12 (C) a combination of acreage reduction

13 and cash equalization.

14 (3) SURPLUS OF FEDERAL VALUE.—

15 (A) APPRAISAL.—If the final appraised

16 value (as approved by the Secretary) of the

17 Federal land identified in subsection (b) exceeds

18 the final appraised value (as approved by the

19 Secretary) of the non-Federal land identified in

20 subsection (a)(1)(A), the Secretary shall—

21 (i) conduct an appraisal in accordance

22 with the Uniform Appraisal Standards for

23 Federal Land Acquisitions and the Uni24 form Standards of Professional Appraisal

25 Practice for the non-Federal land to be
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1 conveyed pursuant to subsection (a)(1)(B);

2 and

3 (ii) use the value to the extent nec4 essary to equalize the values of the non5 Federal land identified in subsection

6 (a)(1)(A) and the Federal land identified

7 in subsection (b).

8 (B) CASH EQUALIZATION PAYMENT.—If

9 the Secretary declines to accept the non-Federal

10 land identified in subsection (a)(1)(B) for any

11 reason or if the value of the Federal land de12 scribed in subsection (b) exceeds the value of all

13 of the non-Federal land described in subsection

14 (a)(1), the City may make a cash equalization

15 payment to the Secretary, including a cash

16 equalization payment in excess of the amount

17 authorized by section 206(b) of the Federal

18 Land Policy and Management Act of 1976 (43

19 U.S.C. 1716(b)).

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

21 (1) any necessary land surveys; and

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

23 the appraiser and the issuance of appraisal instruc24 tions.

25 (e) TIMING AND INTERIM AUTHORIZATION.—
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1 (1) TIMING.—It is the intent of Congress that

2 the land exchange directed by this Act shall be com3 pleted not later than 180 days after the date of en4 actment of this Act.

5 (2) INTERIM AUTHORIZATION.—Pending com6 pletion of the land exchange, not later than 45 days

7 after the date of enactment of this Act, subject to

8 applicable law, the Secretary shall authorize the City

9 to construct approximately 140 feet of water pipeline

10 on or near the existing course of the Lindstrom

11 ditch through the Federal land identified in sub12 section (b).

13 (f) ALTERNATIVE SALE AUTHORITY.—

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

15 completed for any reason, the Secretary shall sell the

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

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

18 by the Secretary.

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

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

21 without further appropriation, apply to any cash

22 equalization payment received by the United States

23 under this section.

24 (g) INCORPORATION, MANAGEMENT, AND STATUS OF

25 ACQUIRED LAND.—
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1 (1) INCORPORATION.—Land acquired by the

2 United States under the land exchange shall become

3 part of the Arapaho and Roosevelt National Forests.

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

5 Forests is modified, without further action by the

6 Secretary, as necessary to incorporate—

7 (A) the non-Federal land identified in sub8 section (a); and

9 (B) approximately an additional 80 acres

10 as depicted on the map entitled ‘‘Arapaho and

11 Roosevelt National Forest Boundary Adjust12 ment—Cub Creek’’, dated June 2003.

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

14 interests in land acquired under this section shall be

15 administered in accordance with the laws (including

16 rules and regulations) generally applicable to the

17 National Forest System.

18 (4) LAND AND WATER CONSERVATION FUND.—

19 For purposes of section 7 of the Land and Water

20 Conservation Fund Act of 1965 (16 U.S.C. 460l–9),

21 the boundaries of the Arapaho and Roosevelt Na22 tional Forests (as adjusted by this subsection) shall

23 be deemed to be the boundaries of the Forests as of

24 January 1, 1965.
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1 (h) TECHNICAL CORRECTIONS.—The Secretary, with

2 the agreement of the City, may make technical corrections

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

4 section.

5 (i) REVOCATION OF ORDERS AND WITHDRAWAL.—

6 (1) REVOCATION OF ORDERS.—Any public or7 ders withdrawing any of the Federal land identified

8 in subsection (b) from appropriation or disposal

9 under the public land laws are revoked to the extent

10 necessary to permit disposal of the Federal land.

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

12 of this Act, if not already withdrawn or segregated

13 from entry and appropriation under the public land

14 laws (including the mining and mineral leasing laws)

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

16 1001 et seq.), the Federal land identified in sub17 section (b) is withdrawn until the date of the convey18 ance 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

tional Forests in the State of Colorado.certain lands in the Arapaho and Roosevelt Na-