To authorize an exchange of lands in South Dakota and Colorado.
PL 101-631 (H.R.4567), enacted 11/28/1990

PUBLIC LAW 101-631—NOV. 28, 1990 
104 STAT. 4569 
Public Law 101-631 
101st Congress 
An Act 
To authorize an exchange of lands in South Dakota and 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.—The Congress finds and declares that— 
(1) certain lands located within or adjacent to the Black Hills 
National Forest in Lawrence and Meade Counties, South 
Dakota, are currently in private ownership; 
(2) these lands, which are owned by Homestake Mining Com-
pany of California (hereinafter referred to as "Homestake"), are 
intermingled with National Forest lands and comprise potential 
valuable additions to the Black Hills National Forest to serve 
important public values and objectives, including but not lim-
ited to— 
(A) public access and opportunities for hunting, fishing 
and other outdoor recreation; 
(B) fish and wildlife habitat protection (including Blue 
Ribbon trout habitat in Spearfish Creek); 
(C) the preservation of scenic beauty; 
(D) public access to, and the enhancement of the 
outstanding scenic, natural and recreational values of 
Spearfish Canyon and other canyons within the Black Hills; 
(E) protection of the scenic backdrop to the Spearfish 
Canyon National Forest Scenic Byway; and 
(F) more efficient National Forest land management; 
(3) such lands, if not acquired for addition to the Black Hills 
National Forest, may be sold and developed for purposes which 
may be incompatible with the above mentioned objectives; 
(4) Homestake has offered to convey such lands, which total 
approximately twelve thousand two hundred and seventy-four 
acres, to the United States by sale or exchange so that they 
may be managed for National Forest and land conservation 
purposes; 
(5) Homestake has identified National Forest lands in Summit 
County, Colorado, that— 
(A) Homestake or local government units would like to 
acquire; 
(B) are intermingled with or adjacent to privately owned 
and developed lands; 
(C) are currently developed, permitted for ski area or 
local government purposes, or adjacent to developed or 
permitted areas or communities; 
(D) are not necessary for retention in government owner-
ship to serve the public interest or objectives; and 
(E) are therefore suitable for disposal through a land 
exchange; and 
Nov. 28,1990 
[H.R. 4567] 
Homestake 
Mining 
Company. 
104 STAT. 4570 
PUBLIC LAW 101-631—NOV. 28, 1990 
Mineral 
resources. 
Watersheds. 
(6) given the relative environmental and other values of the 
lands proposed for exchange in this Act, the land exchange set 
forth herein is clearly in the public interest and represents the 
land acquisition strategy that best meets dual public objectives 
of acquiring the Spearfish Canyon and other South Dakota 
properties, while at the same time minimizing or eliminating 
cash outlays by the United States to achieve such objectives. 
(b) PURPOSE.—It is the purpose of this Act to authorize, direct, and 
expedite the consummation of the interstate land exchange and 
transfer set forth herein in order to further the public interest by 
acquiring lands in South Dakota with important values for perma-
nent public management and protection and to transfer certain 
lands to non-Federal ownership in Summit County, Colorado. 
SEC. 
2
. 
SOUTH 
DAKOTA-COLORADO 
LAND 
EXCHANGE. 
(a) IN GENERAL.—If Homestake enters into an exchange agree-
ment with the Secretary of Agriculture, the Secretary shall ex-
change lands with Homestake as set forth in this Act. 
(b) CONVEYANCE BY HOMESTAKE.—Except as otherwise provided in 
this subsection, Homestake shall convey to the Secretary of Agri-
culture all right, title and interest of Homestake in certain lands in 
Lawrence and Meade Counties, South Dakota, that comprise 
approximately twelve thousand two hundred and seventy-four acres. 
Such lands include approximately 1,250 acres of riparian lands in 
Spearfish Canyon that encompass some 20 miles of stream frontage 
on Spearfish Creek, and are generally depicted on maps entitled 
"Forest Service-Homestake Land Exchange—South Dakota Lands to 
Forest Service", numbered A-H, and dated February 1990. In 
making such conveyance Homestake shall retain: 
(1) All mineral rights in the above described lands owned, 
held or controlled by Homestake as of the date of enactment of 
this Act, except that— 
(A) any future exercise of such mineral rights shall be 
subject to the provisions of 36 CFR 251-15 in effect on the 
date of enactment of this Act pertaining to surface and 
other use of lands conveyed to the Secretary of Agriculture 
where mineral rights are reserved; and 
(B) that with respect to mineral rights retained in the 
approximately 1,250 acres of riparian lands within the 
watershed of Spearfish Canyon, any exploration and devel-
opment of such rights shall be limited to methods and 
activities that do not disturb the surface of such lands. If 
such rights are ever proposed for exploration and develop-
ment, the Secretary shall provide Homestake with such 
access or permits on, through, or under National Forest 
lands including, but not limited to permits for drilling, 
tunnels, air shafts, surface vents and other activities in-
cidental to exploration or underground mining operations 
adjacent to such riparian lands as will reasonably permit 
exploration and development of the mineral rights without 
surface disturbance of such riparian lands or impairment of 
the values of Spearfish Canyon as set forth in this Act. 
(2) All water rights within the watershed of Spearfish Creek 
and its tributaries owned, held or controlled by Homestake as of 
the date of enactment of this Act and shall exercise such rights 
in accordance with applicable Federal, State, and local law and 
in accordance with any subsequent cooperative agreements or 
PUBLIC LAW 101-631—NOV. 28, 1990 
104 STAT. 4571 
undertakings entered into between Homestake, the Secretary, 
and the State of South Dakota for the protection and enhance-
ment of the values of Spearfish Canyon as set forth in this Act. 
(3) Cabin sites as indicated on the map numbered "A" ref-
erenced in this subsection within the watershed of Spearfish 
Creek and its tributaries that are intermingled with the lands 
to be conveyed to the Secretary of Agriculture but that are 
owned and permitted by Homestake to private parties and such 
sites will continue to remain in private ownership. 
(c) CONVEYANCE BY UNITED STATES.—Upon receipt of title to the 
Homestake 
lands identified in subsection (a) the Secretary shall simultaneously 
Mining 
convey to Homestake all right, title, and interest of the United 
mpany-
States, except for mineral rights, subject to valid existing rights and 
existing National Forest improvements, in and to the following: 
(1) Approximately eight hundred and sixty-eight acres of 
lands located in Summit County, Colorado, as generally de-
picted on maps entitled "Forest Service-Homestake Land Ex-
change—Lands to Homestake", numbered 1-3 and dated May 
1990, and numbered 4-6 and dated March 1990, except that the 
lands identified on Map number 5 and generally known as the 
South Frisco Bay parcel shall not be patented to Homestake 
unless and until the Town of Frisco and Summit County, Colo-
rado, jointly agree to a land use plan for such parcel that 
emph£isizes the use of such parcel for open space and recreation. 
If the South Frisco Bay parcel is not patented to Homestake 
within eighteen months after the date of enactment of this Act, 
the Secretary shall in lieu thereof either pay Homestake cash 
equalization moneys without regard to the 25 percent limitation 
contained in subsection 3(a) of this Act or offer Homestake 
monetary credits pursuant to that subsection, as the Secretary 
may find preferable. 
(2) Not to exceed forty acres of lands located in Lawrence 
County, South Dakota, which currently comprise National 
Forest cabin permit sites, as generally depicted on a map enti-
tled "Forest Service-Homestake Land Exchange—Spearfish 
Cabin Sites to Homestake", dated February 1990, that shall be 
sold to the current cabin permittees by Homestake at the value 
of such lands as determined by an appraisal done pursuant to 
section 30)) plus any surveying, platting or other administrative 
costs incurred by Homestake to prepare and sell such lands, 
upon application by the permittees or their successors in in-
terest. The transfer of any particular cabin site to Homestake 
pursuant to this subparagraph shall be contingent on the 
permittee's request of such a transfer. If such a request is not 
made, the site shedl continue to be permitted by the Secretary in 
accordance with existing rules, regulations, and procedures. 
(3) Mineral rights in the lands identified in this subsection 
shall not be conveyed to Homestake and, subject to valid exist-
ing rights, shall be withdrawn from further appropriation 
under the mining laws and from disposition under all laws 
pertaining to mineral leasing and all amendments thereto. 
(d) RESERVATIONS.—Patents issued by the Secretary of the Interior 
for the lands conveyed pursuant to section 2(cXl) shall reserve to the 
public, for administration by the Secretary of Agriculture or by such 
State or local units or agencies of government, or by private non-
profit organizations, as the Secretary of Agriculture in consultation 
104 STAT. 4572 
PUBLIC LAW 101-631—NOV. 28, 1990 
with local planning authorities determines appropriate and quali-
fied to fulfill the purposes of the reservation— 
(1) the right of access for fishing use along all streambeds (up 
to the ordinary high water mark) on streams which flow 
through the lands conveyed; 
(2) a right-of-way for the Colorado Trail along its existing 
routes through the lands identified on Map 3 of the lands 
referred to in subsection (c) or along relocated routes as may be 
identified by the Secretary of Agriculture in consultation with 
local planning authorities; 
(3) a right-of-way for relocation of the existing bicycle path 
through the lands identified on Map 2 of the lands referred to in 
subsection (c) to a new route as may be identified by the 
Secretary of Agriculture in consultation with local planning 
authorities. 
SEC. 3. TERMS AND CONDITIONS OF EXCHANGE. 
(a) EQUALIZATION OF VALUES.—The values of the lands to be 
exchanged pursuant to this Act shall be equal as determined by the 
Secretary of Agriculture, or if they are not equal, shall be equalized 
by the payment of money to Homestake or to the Secretary subject 
to the 25 per centum cash equalization limitation of section 206 of 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1716). The Secretary shall try to reduce the amount of cash equali-
zation to as small an amount as possible. In lieu of any cash 
equalization payments which may be due Homestake pursuant to 
this Act, the Secretary may elect to offer Homestake monetary 
credits, which shall be considered "moneys received" within the 
meaning of the Act of May 23, 1908, against any moneys owed the 
Secretary by Homestake or its agents for timber sales within the 
Black Hills National Forest. Any cash equalization moneys received 
by the United States pursuant to this Act shall be considered money 
received and deposited pursuant to the Act of December 4, 1967, as 
amended (Public Law 90-171, 16 U.S.C. 484a), commonly known as 
the Sisk Act. The value of the surface development rights relin-
quished by Homestake on the 1,250 acres within Spearfish Canyon 
pursuant to section 20t))(l)(B) shall be considered for all purposes of 
law a donation by Homestake to the United States and shall not be 
required to be appraised for purposes of value equalization or other 
provisions of this Act. 
(b) APPRAISALS.—In order to expedite the consummation of the 
exchange directed by this Act, Homestake shall arrange and pay for 
appraisals by a qualified appraiser or appraisers mutually accept-
able to Homestake and the Secretary of all lands and interests 
therein to be included in the exchange for which appraisals are 
required for purposes of this Act. Such appraisals shall be completed 
and submitted to the Secretary for approval within sixty days after 
the enactment of this Act. In the event the Secretary and 
Homestake are unable to agree to the appraised value of a certain 
tract or tracts of land to be included in the exchange within one 
hundred and twenty days after the date of enactment of this Act, 
the appraisal, appraisals, or appraisal issues in dispute shall be 
resolved through a process of bargaining or submitted for arbitra-
tion according to section 3 of the Federal Land Exchange Facilita-
tion Act of 1988 (Public Law 100-409, 43 U.S.C. 1716(d)). Appraisals 
of lands in Colorado identified in section 2(c) of this Act for convey-
ance to Homestake shall not reflect any diminution in value attrib-
PUBLIC LAW 101-631—NOV. 28, 1990 
104 STAT. 4573 
utable to any conversion of existing ski area permits into ski area 
permits pursuant to the National Forest Ski Area Permit Act of 
1986 (Public Law 99-522). 
(c) EXCHANGE AGREEMENTS.—The Secretary shall attempt, within 
60 days after the completion of appraisals under this section, to 
enter into an exchange agreement with Homestake to consummate 
the exchange of the specific tracts of lands identified in section 2 of 
this Act. Unless otherwise specified in the exchange agreement, the 
tracts shall be exchsuiged at the earliest possible date after the 
exchange agreement is signed. It is the intent of Congress that the 
exchange be completed no later than two hundred and seventy days 
after the date of enactment of this Act. 
(d) ADDITION TO BLACK HILLS NATIONAL FOREST.—Lands acquired 
by the United States within or adjacent to the exterior boundaries of 
the Black Hills National Forest shall be added to and administered 
as part of the Black Hills National Forest. The Secretary of Agri-
culture is hereby authorized to modify such boundaries to incor-
porate such lands upon their acquisition by the United States. Upon 
their inclusion in the National Forest System such lands shall be 
managed in accordance with the laws, rules and regulations gen-
erally applicable to the National Forest System, unless otherwise 
specifically provided by this Act. 
(e) DEFINITION.—As used in this Act, the term "Homestake" shall 
mean the Homestake Mining Company of California or its succes-
sors or assigns. 
SEC. 4. CONVEYANCE TO SUMMIT COUNTY, COLORADO. 
(a) IN GENERAL.—Upon payment by Summit County to the Sec-
retary of the sum of $25,000 and execution of an agreement between 
the County and the United States as specified in paragraph (4), the 
Secretary of Agriculture shall convey to Summit County, Colorado, 
all right, title and interest of the United States in approximately 
four hundred and seventy-seven acres of land as generally depicted 
on a map numbered 7 and entitled "Summit County Landfill", dated 
July 1990. Such conveyance shall be subject to the following 
conditions: 
(1) The lands conveyed shall continue to be used for solid 
waste disposal, expansion of the Summit County landfill, or 
other authorized purposes of Summit County government. 
(2) In the event Summit County ever sells, exchanges or 
otherwise disposes of all or a portion of the lands acquired 
pursuant to this section, all proceeds of such sale, exchange, or 
disposal shall accrue to the United States, or the Secretary of 
Agriculture may elect to reacquire, without compensation to 
Summit County, any or all portions of such lands that have not 
been used for solid waste disposal, as the Secretary determines 
appropriate prior to their sale, exchange, or disposal by the 
County. 
(3) The patent issued by the Secretary of the Interior pursu-
ant to this section shall not contain a reverter provision and 
under no circumstances shall lands used for solid waste disposal 
be eligible for reversion to the United States by operation of law 
after the issuance of such patent. 
(4) A conveyance pursuant to this section shall be contingent 
upon the County executing an agreement with the United 
States prior to such conveyance, the terms of which are accept-
able to the Secretary of Agriculture, and that permanently 
Homestake 
Mining 
Company. 
Wfiste treatment 
and disposal. 
104 STAT. 4574 
PUBLIC LAW 101-631—NOV. 28, 1990 
holds the United States harmless for liability and indemnifies 
the United States against all costs arising fi*om the United 
States ownership or any and all activities, operations (including 
the storing, handling, and dumping of hazardous materials or 
substances), or other acts conducted by Summit County or its 
licensees, employees, agents, successors or assigns on the four 
hundred and seventy-seven acres transferred pursuant to this 
Act, whether such activities, operations, or other acts occurred 
prior to, on, or after the date of enactment of this Act. Such 
agreement shall be incorporated in the patent issued by the 
Secretary of the Interior for the land conveyed. 
(b) INCORPORATION OF CONDITIONS.—The Secretary of the Interior 
shall incorporate the conditions specified in subsection (a) of this 
section in any patent conveying lands to Summit County pursuant 
to this section. 
Approved November 28, 1990. 
LEGISLATIVE HISTORY—H.R. 4567: 
HOUSE REPORTS: No. 101-728, Pt. 1 (Ctomm. on Interior and Insular Affairs) and 
Ft. 2 (Comm. on Agriculture). 
SENATE REPORTS: No. 101-536 (Ck)mm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD. Vol. 136 (1990): 
Sept. 27, considered and passed House. 
Oct. 26, considered and passed Senate.