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-
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,
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
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,
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
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)
without 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 doc-
ument 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
identified in subsection (b) to the City at its final ap-
praised value, as approved by the Secretary. Any money
received by the United States in such sale shall be consid-
ered 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 appropria-
tion, for the acquisition of lands for addition to the Na-
tional 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-Fed-
eral lands identified in subsection (a) and an additional
40 acres as depicted on a map entitled ‘‘Arapaho and Roo-
sevelt 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 administered in accordance with the laws,
rules and regulations 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 Roo-
sevelt 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
section 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 other-
wise.
(i) REVOCATION OF ORDERS AND WITHDRAWAL.—
Any public orders withdrawing any of the Federal lands
identified in subsection (b) from appropriation or disposal
under the public land laws are hereby revoked to the ex-
tent necessary to permit disposal of the Federal lands.
Upon the enactment of this Act, if not already withdrawn
or segregated 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.
Passed the House of Representatives November 4,
2003.
Attest:
Clerk.