Arapaho and Roosevelt National Forests Land Exchange Act of 2004
PL 108-346 (S.2180), enacted 10/18/2004

118 STAT. 1379
PUBLIC LAW 108–346—OCT. 18, 2004
Public Law 108–346
108th Congress
An Act
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 Representatives 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 2004’’.
SEC. 2. LAND EXCHANGE, ARAPAHO AND ROOSEVELT NATIONAL FOR-
ESTS, COLORADO.
(a) CONVEYANCE BY CITY OF GOLDEN.—
(1) NON-FEDERAL
LAND
DESCRIBED.—The land exchange
directed by this section shall proceed if, not later than 30
days after the date of enactment of this Act, the City of Golden,
Colorado (referred to in this section as the ‘‘City’’), offers to
convey title acceptable to the Secretary of Agriculture (referred
to in this section as the ‘‘Secretary’’) to the following non-
Federal land:
(A) Certain land located near the community of Ever-
green in Park County, Colorado, comprising approximately
80 acres, as generally depicted on the map entitled ‘‘Non-
Federal Lands—Cub Creek Parcel’’, dated June 2003.
(B) Certain land located near Argentine Pass in Clear
Creek and Summit Counties, Colorado, comprising approxi-
mately 55.909 acres, as generally depicted on the map
entitled ‘‘Argentine Pass/Continental Divide Trail Lands’’,
dated September 2003.
(2) CONDITIONS OF CONVEYANCE.—
(A) VIDLER TUNNEL.—The conveyance of land under
paragraph (1)(B) to the Secretary shall be subject to the
continuing right of the City to permanently enter on, use,
and occupy so much of the surface and subsurface of the
land as reasonably is necessary to access, maintain, modify,
or otherwise use the Vidler Tunnel to the same extent
that the City would have had that right if the land had
not been conveyed to the Secretary and remained in City
ownership.
(B) ADVANCE APPROVAL.—The exercise of that right
shall not require the City to secure any permit or other
advance approval from the United States except to the
extent that the City would have been required had the
land not been conveyed to the Secretary and remained
in City ownership.
Deadline.
Arapaho and
Roosevelt
National Forests
Land Exchange
Act of 2004.
Oct. 18, 2004
[S. 2180]
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118 STAT. 1380
PUBLIC LAW 108–346—OCT. 18, 2004
(C) WITHDRAWAL.—On acquisition by the Secretary,
the land is permanently withdrawn from all forms of entry
and appropriation under the public land laws (including
the mining and mineral leasing laws) and the Geothermal
Steam Act of 1970 (30 U.S.C. 1001 et seq.).
(b) FEDERAL LAND DESCRIBED.—On receipt of title to the non-
Federal land identified in subsection (a) that is acceptable to the
Secretary, the Secretary shall simultaneously convey to the City
all right, title, and interest of the United States in and to certain
Federal land, comprising approximately 9.84 acres, as generally
depicted on the map entitled ‘‘Empire Federal Lands—Parcel 12’’,
dated June 2003.
(c) EQUAL VALUE EXCHANGE.—
(1) APPRAISAL.—
(A) IN GENERAL.—The values of the Federal land identi-
fied in subsection (b) and the non-Federal land identified
in subsection (a)(1)(A) shall be determined by the Secretary
through appraisals performed in accordance with the Uni-
form Appraisal Standards for Federal Land Acquisitions
and the Uniform Standards of Professional Appraisal Prac-
tice.
(B) DONATION.—Except as provided in paragraph (3),
the conveyance of the non-Federal land identified in sub-
section (a)(1)(B) shall be considered 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 land
identified in subsection (a)(1)(A) exceeds the final appraised
value (as approved by the Secretary) of the Federal land identi-
fied in subsection (b), the values may be equalized by—
(A) reducing the acreage of the non-Federal land identi-
fied in subsection (a)(1)(A) to be conveyed, as determined
appropriate and acceptable by the Secretary and the City;
(B) making a cash equalization payment 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 equali-
zation.
(3) SURPLUS OF FEDERAL VALUE.—
(A) APPRAISAL.—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 land identi-
fied in subsection (a)(1)(A), the Secretary shall—
(i) conduct an appraisal in accordance with the
Uniform Appraisal Standards for Federal Land
Acquisitions and the Uniform Standards of Professional
Appraisal Practice for the non-Federal land to be con-
veyed pursuant to subsection (a)(1)(B); and
(ii) use the value to the extent necessary to
equalize the values of the non-Federal land identified
in subsection (a)(1)(A) and the Federal land identified
in subsection (b).
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118 STAT. 1381
PUBLIC LAW 108–346—OCT. 18, 2004
(B) CASH
EQUALIZATION
PAYMENT.—If the Secretary
declines to accept the non-Federal land identified in sub-
section (a)(1)(B) for any reason or if the value of the Federal
land described in subsection (b) exceeds the value of all
of the non-Federal land described in subsection (a)(1), the
City may make a cash equalization payment to the Sec-
retary, 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)).
(d) EXCHANGE COSTS.—The City shall pay for—
(1) any necessary land surveys; and
(2) the costs of the appraisals, on approval of the appraiser
and the issuance of appraisal instructions.
(e) TIMING AND INTERIM AUTHORIZATION.—
(1) TIMING.—It is the intent of Congress that the land
exchange directed by this Act shall be completed not later
than 180 days after the date of enactment of this Act.
(2) INTERIM
AUTHORIZATION.—Pending completion of the
land exchange, not later than 45 days after the date of enact-
ment of this Act, subject to applicable law, the Secretary shall
authorize the City to construct approximately 140 feet of water
pipeline on or near the existing course of the Lindstrom ditch
through the Federal land identified in subsection (b).
(f) ALTERNATIVE SALE AUTHORITY.—
(1) IN GENERAL.—If the land exchange is not completed
for any reason, the Secretary shall sell the Federal land identi-
fied in subsection (b) to the City at the final appraised value
of the land, as approved by the Secretary.
(2) SISK ACT.—Public Law 90–171 (commonly known as
the ‘‘Sisk Act’’) (16 U.S.C. 484a) shall, without further appro-
priation, apply to any cash equalization payment received by
the United States under this section.
(g) INCORPORATION, MANAGEMENT, AND STATUS OF ACQUIRED
LAND.—
(1) INCORPORATION.—Land acquired by the United States
under the land exchange shall become part of the Arapaho
and Roosevelt National Forests.
(2) BOUNDARY.—The exterior boundary of the Forests is
modified, without further action by the Secretary, as necessary
to incorporate—
(A) the non-Federal land identified in subsection (a);
and
(B) approximately an additional 80 acres as depicted
on the map entitled ‘‘Arapaho and Roosevelt National
Forest Boundary Adjustment—Cub Creek’’, dated June
2003.
(3) ADMINISTRATION.—On acquisition, land or interests in
land acquired under this section shall be administered in
accordance with the laws (including rules and regulations) gen-
erally applicable to the National Forest System.
(4) LAND AND WATER CONSERVATION FUND.—For purposes
of section 7 of the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l–9), the boundaries of the Arapaho
and Roosevelt National Forests (as adjusted by this subsection)
shall be deemed to be the boundaries of the Forests as of
January 1, 1965.
Applicability.
Deadlines.
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118 STAT. 1382
PUBLIC LAW 108–346—OCT. 18, 2004
LEGISLATIVE HISTORY—S. 2180 (H.R. 2766):
HOUSE REPORTS: No. 108–329 accompanying H.R. 2766 (Comm. on Resources).
SENATE REPORTS: No. 108–285 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 150 (2004):
Sept. 15, considered and passed Senate.
Sept. 28, considered and passed House.
(h) TECHNICAL CORRECTIONS.—The Secretary, with the agree-
ment of the City, may make technical corrections or correct clerical
errors in the maps referred to in this section.
(i) REVOCATION OF ORDERS AND WITHDRAWAL.—
(1) REVOCATION
OF
ORDERS.—Any public orders with-
drawing any of the Federal land identified in subsection (b)
from appropriation or disposal under the public land laws are
revoked to the extent necessary to permit disposal of the Fed-
eral land.
(2) WITHDRAWAL.—On the date of enactment of this Act,
if not already withdrawn or segregated from entry and appro-
priation under the public land laws (including the mining and
mineral leasing laws) and the Geothermal Steam Act of 1970
(30 U.S.C. 1001 et seq.), the Federal land identified in sub-
section (b) is withdrawn until the date of the conveyance of
the Federal land to the City.
Approved October 18, 2004.
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