II
Calendar No. 297
104TH CONGRESS
1ST SESSION
H. R. 2437
[Report No. 104–196]
IN THE SENATE OF THE UNITED STATES
NOVEMBER 8, 1995
Received; read twice and referred to the Committee on Energy and Natural
Resources
DECEMBER 21, 1995
Reported by Mr. MURKOWSKI, without amendment
AN ACT
To provide for the exchange of certain lands in Gilpin
County, Colorado.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds and declares that—
(1) certain scattered parcels of Federal land lo-
cated within Gilpin County, Colorado, are currently
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administered by the Secretary of the Interior as part
of the Royal Gorge Resource Area, Canon City Dis-
trict, United States Bureau of Land Management;
(2) these land parcels, which comprises approxi-
mately 133 separate tracts of land, and range in size
from approximately 38 acres to much less than an
acre have been identified as suitable for disposal by
the Bureau of Land Management through its re-
source management planning process and are appro-
priate for disposal; and
(3) even though the Federal land parcels in Gil-
pin County, Colorado, are scattered and small in
size, they nevertheless by virtue of their proximity to
existing communities appear to have a fair market
value which may be used by the Federal Government
to exchange for lands which will better lend them-
selves to Federal management and have higher val-
ues for future public access, use and enjoyment,
recreation, the protection and enhancement of fish
and wildlife and fish and wildlife habitat, and the
protection of riparian lands, wetlands, scenic beauty
and other public values.
(b) PURPOSE.—It is the purpose of this Act to au-
thorize, direct, facilitate and expedite the land exchange
set forth herein in order to further the public interest by
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disposing of Federal lands with limited public utility and
acquire in exchange therefor lands with important values
for permanent public management and protection.
SEC. 2. LAND EXCHANGE.
(a) IN GENERAL.—The exchange directed by this Act
shall be consummated if within 90 days after enactment
of this Act, Lake Gulch, Inc., a Colorado Corporation (as
defined in section 4 of this Act) offers to transfer to the
United States pursuant to the provisions of this Act the
offered lands or interests in land described herein.
(b) CONVEYANCE BY LAKE GULCH.—Subject to the
provisions of section 3 of this Act, Lake Gulch shall convey
to the Secretary of the Interior all right, title, and interest
in and to the following offered lands—
(1) certain lands comprising approximately 40
acres with improvements thereon located in Larimer
County, Colorado, and lying within the boundaries of
Rocky Mountain National Park as generally depicted
on a map entitled ‘‘Circle C Church Camp’’, dated
August 1994, which shall upon their acquisition by
the United States and without further action by the
Secretary of the Interior be incorporated into Rocky
Mountain National Park and thereafter be adminis-
tered in accordance with the laws, rules and regula-
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tions generally applicable to the National Park Sys-
tem and Rocky Mountain National Park;
(2) certain lands located within and adjacent to
the United States Bureau of Land Management San
Luis Resource Area in Conejos County, Colorado,
which comprise approximately 3,993 acres and are
generally depicted on a map entitled ‘‘Quinlan
Ranches Tract’’, dated August 1994; and
(3) certain lands located within the United
States Bureau of Land Management Royal Gorge
Resource Area in Huerfano County, Colorado, which
comprise approximately 4,700 acres and are gen-
erally depicted on a map entitled ‘‘Bonham Ranch-
Cucharas Canyon’’, dated June 1995: Provided, how-
ever, That it is the intention of Congress that such
lands may remain available for the grazing of live-
stock as determined appropriate by the Secretary in
accordance with applicable laws, rules, and regula-
tions: Provided further, That if the Secretary deter-
mines that certain of the lands acquired adjacent to
Cucharas Canyon hereunder are not needed for pub-
lic purposes they may be sold in accordance with the
provisions of section 203 of the Federal Land Policy
and Management Act of 1976 and other applicable
law.
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(c) SUBSTITUTION OF LANDS.—If one or more of the
precise offered land parcels identified above is unable to
be conveyed to the United States due to appraisal or other
problems, Lake Gulch and the Secretary may mutually
agree to substitute therefor alternative offered lands ac-
ceptable to the Secretary.
(d) CONVEYANCE
BY
THE UNITED STATES.—(1)
Upon receipt of title to the lands identified in subsection
(a) the Secretary shall simultaneously convey to Lake
Gulch all right, title, and interest of the United States,
subject to valid existing rights, in and to the following se-
lected lands—
(A) certain surveyed lands located in Gilpin
County, Colorado, Township 3 South, Range 72
West, Sixth Principal Meridian, Section 18, Lots
118–220, which comprise approximately 195 acres
and are intended to include all federally owned lands
in section 18, as generally depicted on a map enti-
tled ‘‘Lake Gulch Selected Lands’’, dated July 1994;
(B) certain surveyed lands located in Gilpin
County, Colorado, Township 3 South, Range 72
West, Sixth Principal Meridian, Section 17, Lots 37,
38, 39, 40, 52, 53, and 54, which comprise approxi-
mately 96 acres, as generally depicted on a map en-
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titled ‘‘Lake Gulch Selected Lands’’, dated July
1994; and
(C) certain unsurveyed lands located in Gilpin
County, Colorado, Township 3 South, Range 73
West, Sixth Principal Meridian, Section 13, which
comprise approximately 11 acres, and are generally
depicted as parcels 302–304, 306 and 308–326 on
a map entitled ‘‘Lake Gulch Selected Lands’’, dated
July 1994: Provided, however, That a parcel or par-
cels of land in section 13 shall not be transferred to
Lake Gulch if at the time of the proposed transfer
the parcel or parcels are under formal application
for transfer to a qualified unit of local government.
Due to the small and unsurveyed nature of such
parcels proposed for transfer to Lake Gulch in sec-
tion 13, and the high cost of surveying such small
parcels, the Secretary is authorized to transfer such
section 13 lands to Lake Gulch without survey based
on such legal or other description as the Secretary
determines appropriate to carry out the basic intent
of the map cited in this subparagraph.
(2) If the Secretary and Lake Gulch mutually agree,
and the Secretary determines it is in the public interest,
the Secretary may utilize the authority and direction of
this Act to transfer to Lake Gulch lands in sections 17
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and 13 that are in addition to those precise selected lands
shown on the map cited herein, and which are not under
formal application for transfer to a qualified unit of local
government, upon transfer to the Secretary of additional
offered lands acceptable to the Secretary or upon payment
to the Secretary by Lake Gulch of cash equalization money
amounting to the full appraised fair market value of any
such additional lands. If any such additional lands are lo-
cated in section 13 they may be transferred to Lake Gulch
without survey based on such legal or other description
as the Secretary determines appropriate as long as the
Secretary determines that the boundaries of any adjacent
lands not owned by Lake Gulch can be properly identified
so as to avoid possible future boundary conflicts or dis-
putes. If the Secretary determines surveys are necessary
to convey any such additional lands to Lake Gulch, the
costs of such surveys shall be paid by Lake Gulch but shall
not be eligible for any adjustment in the value of such
additional lands pursuant to section 206(f)(2) of the Fed-
eral Land Policy and Management Act of 1976 (as amend-
ed 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
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of Black Hawk, Colorado in the County of Gilpin, Colo-
rado, the Secretary shall notify and consult with the Coun-
ty and 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 appli-
cable 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: Provided, however,
That any survey or other costs associated with the acquisi-
tion 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.—(1) The values of
the lands to be exchanged pursuant to this Act shall be
equal as determined by the Secretary of the Interior utiliz-
ing comparable sales of surface and subsurface property
and nationally recognized appraisal standards, including,
to the extent appropriate, the Uniform Standards for Fed-
eral Land Acquisition, the Uniform Standards of Profes-
sional 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.
(2) In the event any cash equalization or land sale
moneys are received by the United States pursuant to this
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Act, any such 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.
(3) 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 that can be used or exchanged for
water that can be used on the Blanca Wetlands. Any re-
quirement or proposal to utilize facilities of the San Luis
Valley Project, Closed Basin Diversion, in order to effec-
tuate 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
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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) grant the United States a covenant that
none of the selected lands (which currently lie out-
side the legally approved gaming area) shall ever be
used for purposes of gaming should the current legal
gaming area ever be expanded by the State of Colo-
rado; and
(B) permanently hold 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.
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(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.
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.
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(4) The term ‘‘selected land’’ means lands to be
transferred to Lake Gulch, Inc., or its successors,
heirs or assigns 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, or such land as the
Secretary may add thereto by purchase from willing
sellers after the date of enactment of this Act utiliz-
ing funds provided by this Act or such other moneys
as Congress may appropriate.
(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. In the event the exchange cannot
be consummated within such 6-month-time period, the
Secretary, upon application by Lake Gulch, is directed to
sell to Lake Gulch at appraised fair market value any or
all of the parcels (comprising a total of approximately 11
acres) identified in section 2(d)(1)(C) of this Act as long
as the parcel or parcels applied for are not under formal
application for transfer to a qualified unit of local govern-
ment.
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(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.
Passed the House of Representatives November 7,
1995.
Attest:
ROBIN H. CARLE,
Clerk.