IB 
Union Calendar No. 196
108TH CONGRESS 
1ST SESSION H. R. 2766
[Report No. 108–329] 
To direct the Secretary of Agriculture to exchange certain lands in the 
Arapaho and Roosevelt National Forests in the State of Colorado. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 17, 2003
Mr. BEAUPREZ (for himself, Mr. UDALL of Colorado, and Mr. TANCREDO) in-
troduced the following bill; which was referred to the Committee on Re-
sources 
OCTOBER 28, 2003
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on July 17, 2003] 
A BILL 
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,
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 com-
prising a total of approximately 141 acres near Ever-
green and Argentine Pass, Colorado, which it is will-
ing 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 Forest Sys-
tem, result in administrative cost savings to the 
United States by reducing costs of forest boundary
administration, and provide the United States with 
environmental and public recreational use benefits 
(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 additional 
water to its residents and to acquire valuable non-
Federal lands for permanent public use and enjoy-
ment. 
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, 
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, Colo-
rado, comprising approximately 55.909 acres in 
14 patented mining claims, as generally depicted 
on a map entitled ‘‘Argentine Pass/Continental 
Divide Trail Lands’’, dated September 2003. 
(2) CONDITIONS OF CONVEYANCE.—The convey-
ance 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, re-
pair, 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 acquisi-
tion by the United States, such lands are hereby per-
manently withdrawn from all forms of entry and ap-
propriation under the public land laws, including the
mining and mineral leasing laws, and the Geothermal 
Steam Act of l970 (30 U.S.C. 1001 et seq.). 
(b) CONVEYANCE BY UNITED STATES.—Upon receipt 
of acceptable title to the non-Federal lands identified in 
subsection (a), the Secretary of Agriculture shall simulta-
neously 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-Federal lands 
identified in subsection (a)(1)(A) shall be determined 
by the Secretary through appraisals performed in ac-
cordance with the Uniform Appraisal Standards for 
Federal Land Acquisitions (December 20, 2000) and 
the Uniform Standards of Professional Appraisal 
Practice. Except as provided in paragraph (3), the 
conveyance of the non-Federal lands identified in sub-
section (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 lands identified in subsection
(a)(1)(A) exceeds the final appraised value, as ap-
proved by the Secretary, of the Federal land identified 
in subsection (b), the values may be equalized—
(A) by reducing the acreage of the non-Fed-
eral lands identified in subsection (a) to be con-
veyed, as determined appropriate and acceptable 
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 
lands identified in subsection (a)(1)(A) and the Fed-
eral land identified in subsection (b). If the Secretary
declines to accept the non-Federal lands identified 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 Fed-
eral land identified in subsection (b). 
(d) EXCHANGE COSTS.—To expedite the land exchange 
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 pipe-
line on or near the existing course of the Lindstrom ditch 
through the Federal land identified in subsection (b) with-
out further action or authorization by the Secretary, except 
that, prior to initiating any such construction, the City 
shall execute and convey to the Secretary a legal document
that permanently holds the United States harmless for any 
and all liability arising from the construction of such water 
pipeline and indemnifies the United States against all costs 
arising from the United States’ ownership of the Federal 
land, and any actions, operations or other acts of the City 
or its licensees, employees, or agents in constructing such 
water pipeline or engaging in other acts on the Federal land 
prior to its transfer to the City. Such encumbrance on the 
Federal land prior to conveyance shall not be considered 
for purposes of the appraisal. 
(f) ALTERNATIVE SALE AUTHORITY.—If the land ex-
change is not completed for any reason, the Secretary is 
hereby authorized and directed to sell the Federal land iden-
tified in subsection (b) to the City at its final appraised 
value, as approved by the Secretary. Any money received 
by the United States in such sale shall be considered money 
received and deposited pursuant to Public Law 90–171 (16 
U.S.C. 484(a); commonly known as the ‘‘Sisk Act’’, and 
may be used, without further appropriation, for the acquisi-
tion of lands for addition to the National Forest System 
in the State of Colorado. 
(g) INCORPORATION, MANAGEMENT, AND STATUS OF 
ACQUIRED LANDS.—Land acquired by the United States 
under the land exchange shall become part of the Arapaho 
and Roosevelt National Forests, and the exterior boundary
of such forest is hereby modified, without further action by 
the Secretary, as necessary to incorporate the non-Federal 
lands identified in subsection (a) and an additional 40 
acres as depicted on a map entitled ‘‘Arapaho and Roosevelt 
National Forest Boundary Adjustment—Cub Creek’’, dated 
June 2003. Upon their acquisition, lands or interests in 
land acquired under the authority of this Act shall be ad-
ministered in accordance with the laws, rules and regula-
tions generally applicable to the National Forest System. 
For purposes of Section 7 of the of the Land and Water 
Conservation Fund Act of l965 (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 such forest 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 sec-
tion or adjust the boundaries of the Federal lands to leave 
the United States with a manageable post-exchange or sale 
boundary. In the event of any discrepancy between a map, 
acreage estimate, or legal description, the map shall prevail 
unless the Secretary and the City agree otherwise. 
(i) REVOCATION OF ORDERS AND WITHDRAWAL.—Any 
public orders withdrawing any of the Federal lands identi-
fied in subsection (b) from appropriation or disposal under
the public land laws are hereby revoked to the extent nec-
essary to permit disposal of the Federal lands. Upon the 
enactment of this Act, if not already withdrawn or seg-
regated from the entry and appropriation under the public 
land laws, including the mining and mineral leasing laws 
and the Geothermal Steam Act of l970 (30 U.S.C. 1001 et 
seq.), the Federal lands are hereby withdrawn until the date 
of their conveyance to the City.
Union Calendar No. 196
108TH CONGRESS 
1ST SESSION 
H. R. 2766
[Report No. 108–329] 
A BILL 
To direct the Secretary of Agriculture to exchange 
certain lands in the Arapaho and Roosevelt Na-
tional Forests in the State of Colorado. 
OCTOBER 28, 2003
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed