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Lots 37, 38, 39, 40, 52, 53, and 54, which com-
prise approximately 96 acres, as generally de-
picted on a map entitled ‘‘Lake Gulch Selected
Lands’’, dated July 1994; and
(C) certain unsurveyed lands located in Gil-
pin 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 in section 13
shall not be transferred to Lake Gulch if at the
time of the proposed transfer the parcel or par-
cels 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 sur-
vey based on such legal or other description as
the Secretary determines appropriate to carry
out the basic intent of the map cited in this sub-
paragraph.
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(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 title 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 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 located in section 13 they may be trans-
ferred 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 disputes. 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
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Federal Land Policy and Management Act of 1976
(as amended by the Federal Land Exchange Facilita-
tion Act of 1988) (43 U.S.C. 1716(f)(2)).
(3) Prior to transferring out of public ownership
pursuant to this title 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 util-
ity line or recreation path needs: Provided however,
That any survey or other costs associated with the ac-
quisition or reservation of such easements or rights-
of-way shall be paid for by the unit or units of local
government concerned.
SEC. 1103. TERMS AND CONDITIONS OF EXCHANGE.
(a) EQUALIZATION OF VALUES.—
(1) The values of the lands to be exchanged pur-
suant to this title shall be equal as determined by the
Secretary of the Interior utilizing comparable sales of
surface and subsurface property and nationally recog-
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nized appraisal standards, including, to the extent
appropriate, the Uniform Standards for Federal
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 pursu-
ant 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 County, 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, con-
ditions, or other provisions contained in an applica-
ble decree of the Colorado Water Court. The use of