IIB 
108TH CONGRESS 
1ST SESSION H. R. 2766
IN THE SENATE OF THE UNITED STATES 
NOVEMBER 5, 2003
Received; read twice and referred to the Committee on Energy and Natural 
Resources 
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 Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Arapaho and Roosevelt 
National Forests Land Exchange Act of 2003’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) Certain National Forest System lands near 
Empire, Colorado, are needed by the city of Golden, 
Colorado, to facilitate the construction of a water 
pipeline to transport domestic water supplies into 
storage for the city and its residents. 
(2) Such National Forest System lands, com-
prising approximately 9.84 acres in total, are of lim-
ited utility for public administration or recreation 
and other use by virtue of their largely steep terrain, 
irregular boundary, and lack of easy public access. 
(3) The city of Golden owns, or has an option 
to purchase, several parcels of non-Federal land 
comprising a total of approximately 141 acres near 
Evergreen and Argentine Pass, Colorado, which it is 
willing to convey to the United States for addition 
to the Arapaho and Roosevelt National Forests. 
(4) The non-Federal lands owned or optioned 
by the city of Golden, if conveyed to the United 
States, will eliminate inholdings in the National For-
est System, result in administrative cost savings to 
the United States by reducing costs of forest bound-
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ary administration, and provide the United States 
with environmental and public recreational use bene-
fits (including enhanced Federal land ownership 
along the Continental Divide National Scenic Trail) 
that greatly exceed the benefits of the Federal land 
the United States will convey in exchange. 
(5) It is in the public interest to authorize, di-
rect, expedite, and facilitate completion of a land ex-
change involving these Federal and non-Federal 
lands to assist the city of Golden in providing addi-
tional water to its residents and to acquire valuable 
non-Federal lands for permanent public use and en-
joyment. 
SEC. 3. LAND EXCHANGE, ARAPAHO AND ROOSEVELT NA-
TIONAL FORESTS, COLORADO. 
(a) CONVEYANCE BY THE CITY OF GOLDEN.—
(1) LANDS DESCRIBED.—The land exchange di-
rected by this section shall proceed if, within 30 
days after the date of the enactment of this Act, the 
city of Golden, Colorado (in the section referred to 
as the ‘‘City’’), offers to convey title acceptable to 
the United States to the following non-Federal 
lands: 
(A) Certain lands located near the commu-
nity of Evergreen in Park County, Colorado,
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comprising approximately 80 acres, as generally 
depicted on a map entitled ‘‘Non-Federal 
Lands—Cub Creek Parcel’’, dated June, 2003. 
(B) Certain lands located near Argentine 
Pass in Clear Creek and Summit Counties, Col-
orado, comprising approximately 55.909 acres 
in 14 patented mining claims, as generally de-
picted on a map entitled ‘‘Argentine Pass/Con-
tinental Divide Trail Lands’’, dated September 
2003. 
(2) CONDITIONS
OF
CONVEYANCE.—The con-
veyance of lands under paragraph (1) to the United 
States shall be subject to the absolute right of the 
City to permanently enter upon, utilize, and occupy 
so much of the surface and subsurface of the lands 
as may be reasonably necessary to access, maintain, 
repair, modify, make improvements in, or otherwise 
utilize the Vidler Tunnel to the same extent that the 
City would have had such right if the lands had not 
been conveyed to the United States and remained in 
City ownership. The exercise of such right shall not 
require the City to secure any permit or other ad-
vance approval from the United States. Upon acqui-
sition by the United States, such lands are hereby 
permanently withdrawn from all forms of entry and
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appropriation under the public land laws, including 
the mining and mineral leasing laws, and the Geo-
thermal Steam Act of l970 (30 U.S.C. 1001 et seq.). 
(b) CONVEYANCE BY UNITED STATES.—Upon re-
ceipt of acceptable title to the non-Federal lands identified 
in subsection (a), the Secretary of Agriculture shall simul-
taneously convey to the City all right, title and interest 
of the United States in and to certain Federal lands, com-
prising approximately 9.84 acres, as generally depicted on 
a map entitled ‘‘Empire Federal Lands—Parcel 12’’, 
dated June 2003. 
(c) EQUAL VALUE EXCHANGE.—
(1) APPRAISAL.—The values of the Federal 
lands identified in subsection (b) and the non-Fed-
eral lands identified in subsection (a)(1)(A) shall be 
determined by the Secretary through appraisals per-
formed in accordance with the Uniform Appraisal 
Standards for Federal Land Acquisitions (December 
20, 2000) and the Uniform Standards of Profes-
sional Appraisal Practice. Except as provided in 
paragraph (3), the conveyance of the non-Federal 
lands identified in subsection (a)(1)(B) shall be con-
sidered a donation for all purposes of law. 
(2) SURPLUS OF NON-FEDERAL VALUE.—If the 
final appraised value, as approved by the Secretary,
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of the non-Federal lands identified in subsection 
(a)(1)(A) exceeds the final appraised value, as ap-
proved by the Secretary, of the Federal land identi-
fied in subsection (b), the values may be equalized—
(A) by reducing the acreage of the non-
Federal lands identified in subsection (a) to be 
conveyed, as determined appropriate and ac-
ceptable by the Secretary and the City; 
(B) the making of a cash equalization pay-
ment 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.—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 lands identified in subsection 
(a)(1)(A), the Secretary shall prepare a statement of 
value for the non-Federal lands identified in sub-
section (a)(1)(B) and utilize such value to the extent 
necessary to equalize the values of the non-Federal
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lands identified in subsection (a)(1)(A) and the Fed-
eral land identified in subsection (b). If the Sec-
retary declines to accept the non-Federal lands iden-
tified in subsection (a)(1)(B) for any reason, the 
City shall make a cash equalization payment to the 
Secretary as necessary to equalize the values of the 
non-Federal lands identified in subsection (a)(1)(A) 
and the Federal land identified in subsection (b). 
(d) EXCHANGE COSTS.—To expedite the land ex-
change under this section and save administrative costs 
to the United States, the City shall be required to pay 
for—
(1) any necessary land surveys; and 
(2) the costs of the appraisals, which shall be 
performed in accordance with Forest Service policy 
on approval of the appraiser and the issuance of ap-
praisal instructions. 
(e) TIMING AND INTERIM AUTHORIZATION.—It is the 
intent of Congress that the land exchange directed by this 
Act should be completed no later than 120 days after the 
date of the enactment of this Act. Pending completion of 
the land exchange, the City is authorized, effective on the 
date of the enactment of this Act, to construct a water 
pipeline on or near the existing course of the Lindstrom 
ditch through the Federal land identified in subsection (b)