I 
108TH CONGRESS 
1ST SESSION H. R. 2766
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 
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 
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.—The 
land exchange directed 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: 
(1) Certain lands located near the community 
of Evergreen in Park County, Colorado, comprising 
approximately 80 acres, as generally depicted on a 
map entitled ‘‘Non-Federal Lands—Cub Creek Par-
cel’’, dated June, 2003. 
(2) The surface estate of certain lands located 
near Argentine Pass, in Clear Creek and Summit 
Counties, 
Colorado, 
comprising 
approximately 
60.909 acres in 15 patented mining claims, as gen-
erally depicted on a map entitled ‘‘Argentine Pass/
Continental Divide Trail Lands’’, dated June 2003. 
(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) shall be de-
termined 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 surface estates 
of the non-Federal lands identified in subsection 
(a)(2) shall be considered as a donation for all pur-
poses 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) exceeds the final appraised value, as approved 
by the Secretary, of the Federal land identified in 
subsection (b), the values may be equalized—
(A) by reducing the acreage of the non-
Federal lands identified in subsection (a)(1) 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), the values shall be equalized by the Secretary 
preparing a statement of value for the non-Federal 
lands identified in subsection (a)(2) and utilizing 
such value to the extent necessary to equalize value.
If the Secretary declines to accept the non-Federal 
lands identified in subsection (a)(2) for any reason, 
the City shall make a cash equalization payment to 
the Secretary as necessary to equalize the values of 
the Federal land and the non-Federal lands identi-
fied in subsection (a)(1). 
(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 hereby authorized to con-
struct a water pipeline on the existing course of the 
Lindstrom ditch through the Federal land identified in 
subsection (b) without further action by the Secretary, if 
such construction has not been authorized by the Sec-
retary. Such encumbrance on the Federal land prior to