H. R. 2437
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
To provide for the exchange of certain lands in Gilpin County, Colorado.
Be it enacted by the Senate and House of Representatives 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 located within
Gilpin County, Colorado, are currently administered by the
Secretary of the Interior as part of the Royal Gorge Resource
Area, Canon City District, United States Bureau of Land
Management;
(2) these land parcels, which comprises approximately 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 resource management planning process and are
appropriate for disposal; and
(3) even though the Federal land parcels in Gilpin 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 values for
future public access, use and enjoyment, recreation, the protec-
tion 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 authorize, direct,
facilitate and expedite the land exchange set forth herein in order
to further the public interest by 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—
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(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 Sec-
retary of the Interior be incorporated into Rocky Mountain
National Park and thereafter be administered in accordance
with the laws, rules and regulations generally applicable to
the National Park System 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 ‘‘Quin-
lan 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 generally depicted on a map entitled ‘‘Bonham Ranch-
Cucharas Canyon’’, dated June 1995: Provided, however, That
it is the intention of Congress that such lands may remain
available for the grazing of livestock as determined appropriate
by the Secretary in accordance with applicable laws, rules,
and regulations: Provided further, That if the Secretary deter-
mines that certain of the lands acquired adjacent to Cucharas
Canyon hereunder are not needed for public 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.
(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 alter-
native offered lands acceptable 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 selected lands—
(A) certain surveyed lands located in Gilpin County, Colo-
rado, Township 3 South, Range 72 West, Sixth Principal Merid-
ian, 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 entitled
‘‘Lake Gulch Selected Lands’’, dated July 1994;
(B) certain surveyed lands located in Gilpin County, Colo-
rado, Township 3 South, Range 72 West, Sixth Principal Merid-
ian, Section 17, Lots 37, 38, 39, 40, 52, 53, and 54, which
comprise approximately 96 acres, as generally depicted on a
map entitled ‘‘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 parcels of land
H. R. 2437—3
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 section
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 descrip-
tion 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 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 quali-
fied unit of local government, upon transfer to the Secretary of
additional offered lands acceptable to the Secretary or upon pay-
ment 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 located 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 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 pursuant 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, Colorado, the Secretary shall notify and
consult with the County 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
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: Provided, however, That any survey or other
costs associated with the acquisition or reservation of such ease-
ments 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 utilizing comparable sales of surface
and subsurface property and nationally recognized appraisal stand-
ards, 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.
H. R. 2437—4
(2) In the event any cash equalization or land sale moneys
are received by the United States pursuant to this 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, includ-
ing 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 con-
tained 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 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 Conserva-
tion District.
(b) RESTRICTIONS ON SELECTED LANDS.—(1) Conveyance of the
selected lands to Lake Gulch pursuant to this Act shall be contin-
gent upon Lake Gulch executing an agreement with the United
States prior to such conveyance, 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 outside 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 Colorado; and
(B) permanently hold the United States harmless for liabil-
ity and indemnify the United States against all costs arising
from any activities, operations (including the storing, handling,
and dumping of hazardous materials or substances) or other
acts conducted by Lake Gulch or its employees, agents, succes-
sors 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 respon-
sibility or liability 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 easement for Gilpin
County Road 6.
(3) The above terms and restrictions of this subsection 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 Colorado 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.
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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, 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 utilizing
funds provided by this Act or such other moneys as Congress
may appropriate.
(b) TIME REQUIREMENT FOR COMPLETING TRANSFER.—It is the
intent of Congress that unless the Secretary and Lake Gulch mutu-
ally agree otherwise the exchange 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
government.
(c) ADMINISTRATION OF LANDS ACQUIRED BY UNITED 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 managed
as part of the administrative unit or area within which they are
located.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.