pursuant to section 206(f)(2) of the Federal Land Policy
and Management Act of 1976 (as amended by the Federal
Land Exchange Facilitation Act of 1988) (43 U.S.C.
1716(f)(2)).
(3) Prior to transferring out of public ownership pur-
suant to this Act or other authority of law any lands which
are contiguous to North Clear Creek southeast of the City
of Black Hawk, Colorado, in the County of Gilpin, Colo-
rado, the Secretary shall notify and consult with the gov-
ernments of the County and the City and afford such units
of local government an opportunity to acquire or reserve
pursuant to the Federal Land Policy and Management Act
of 1976 or other applicable law such easements or rights-
of-way parallel to North Clear Creek as may be necessary
to serve public utility line or recreation path needs: Pro-
vided, however, That any survey or other costs associated
with the acquisition or reservation of such easements or
rights-of-way shall be paid for by the unit or units of local
government concerned.
SEC. 3. TERMS AND CONDITIONS OF EXCHANGE.
(a) EQUALIZATION OF VALUES.—The values of the
lands to be exchanged pursuant to this Act shall be equal
as determined by the Secretary of the Interior utilizing
nationally recognized appraisal standards, including, to
the extent appropriate, the Uniform Standards for Federal
Land Acquisition, the Uniform Standards of Professional
Appraisal Practice, the provisions of section 206(d) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716(d)), and other applicable law. In the event
it is determined that cash equalization moneys are owed
to the United States in the exchange, any such cash
equalization moneys shall be retained by the Secretary of
the Interior and may be utilized by the Secretary until
fully expended to purchase from willing sellers land or
water rights, or a combination thereof, to augment wildlife
habitat and protect and restore wetlands in the Bureau
of Land Management’s Blanca Wetlands, Alamosa Coun-
ty, Colorado. Any water rights acquired by the United
States pursuant to this section shall be obtained by the
Secretary of the Interior in accordance with all applicable
provisions of Colorado law, including the requirement to
change the time, place, and type of use of said water rights
through the appropriate State legal proceedings and to
comply with any terms, conditions, or other provisions
contained in an applicable decree of the Colorado Water
Court. The use of any water rights acquired pursuant to
this section shall be limited to water than can be used
or exchanged for water that can be used on the Blanca
Wetlands. Any requirement or proposal to utilize facilities
of the San Luis Valley Project, Closed Basin Diversion,
in order to effectuate the use of any such water rights
shall be subject to prior approval of the Rio Grande Water
Conservation District.
(b) RESTRICTIONS ON SELECTED LANDS.—(1) Con-
veyance of the selected lands to Lake Gulch pursuant to
this Act shall be contingent upon Lake Gulch executing
an agreement with the United States prior to such convey-
ance, the terms of which are acceptable to the Secretary
of the Interior, and which—
(A) grants the United States a covenant that
none of the selected lands (all of which currently lie
outside the State of Colorado’s current legally ap-
proved gaming area) shall ever be used for purposes
of gaming should the current legal gaming area ever
be expanded by the State of Colorado; and
(B) permanently holds the United States harm-
less for liability and indemnify the United States
against all costs arising from any activities, oper-
ations (including the storing, handling, and dumping
of hazardous materials or substances) or other acts
conducted by Lake Gulch or its employees, agents,
successors or assigns on the selected lands after
their transfer to Lake Gulch: Provided, however,
That nothing in this Act shall be construed as either
diminishing or increasing any responsibility or liabil-
ity of the United States based on the condition of
the selected lands prior to or on the date of their
transfer to Lake Gulch.
(2) Conveyance of the selected lands to Lake Gulch
pursuant to this Act shall be subject to the existing ease-
ment for Gilpin County Road 6.
(3) The above terms and restrictions of this sub-
section shall not be considered in determining, or result
in any diminution in, the fair market value of the selected
land for purposes of the appraisals of the selected land
required pursuant to section 3 of this Act.
(c) REVOCATION
OF WITHDRAWAL.—The Public
Water Reserve established by Executive order dated April
17, 1926 (Public Water Reserve 107), Serial Number Col-
orado 17321, is hereby revoked insofar as it affects the
NW1⁄4 SW1⁄4 of Section 17, Township 3 South, Range 72
West, Sixth Principal Meridian, which covers a portion of
the selected lands identified in this Act.
(d) MANAGEMENT OF CERTAIN LANDS.—Upon their
acquisition by the United States, the lands referred to in
section 2(b)(2) of this Act shall be managed by the Sec-
retary of the Interior in accordance with the laws, rules,
and regulations generally applicable to the public lands,
and, as appropriate, in accordance with cooperative agree-
ments such as the existing Arkansas Headwaters Recre-
ation Area Memorandum of Understanding, with special
emphasis on public fishing and recreational access to the
Arkansas River, and riparian and wetland habitat protec-
tion. The acquisition of such lands by the Secretary shall
not be construed to impose any responsibility or liability
on the Secretary with respect to hazardous substances
which may exist on the lands as of the date of their acqui-
sition by the United States. Without precluding any future
determination by the Secretary or appropriate Federal or
State authorities that cleanup of any hazardous sub-
stances which may be found to exist on the property would
be appropriate, nothing in this Act shall be construed to
require the Secretary to undertake any hazardous sub-
stances cleanup activities or studies.
SEC. 4. MISCELLANEOUS PROVISIONS.
(a) DEFINITIONS.—As used in this Act:
(1) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(2) The term ‘‘Lake Gulch’’ means Lake Gulch,
Inc., a Colorado corporation, or its successors, heirs
or assigns.
(3) The term ‘‘offered land’’ means lands to be
conveyed to the United States pursuant to this Act.
(4) The term ‘‘selected land’’ means lands to be
transferred to Lake Gulch pursuant to this Act.
(5) The term ‘‘Blanca Wetlands’’ means an
area of land comprising approximately 9,290 acres,
as generally depicted on a map entitled ‘‘Blanca
Wetlands’’, dated August 1994, and any nearby land
which the Secretary may purchase from willing sell-
ers after the date of enactment of this Act utilizing
funds provided by this Act or other funds and man-
age in conjunction with and for the same general
purposes as the land depicted on that map.
(b) TIME REQUIREMENT FOR COMPLETING TRANS-
FER.—It is the intent of Congress that unless the Sec-
retary and Lake Gulch mutually agree otherwise the ex-
change of lands authorized and directed by this Act shall
be completed not later than 6 months after the date of
enactment of this Act.
(c) ADMINISTRATION OF LANDS ACQUIRED BY UNIT-
ED STATES.—In accordance with the provisions of section
206(c) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1716(c)), all lands acquired by the
United States pursuant to this Act shall upon acceptance
of title by the United States and without further action
by the Secretary concerned become part of and be man-
aged as part of the administrative unit or area within
which they are located.
Æ