[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1309 Reported in House (RH)]
Union Calendar No. 282
105th CONGRESS
2d Session
H. R. 1309
[Report No. 105-489]
To provide for an exchange of lands with the city of Greeley, Colorado,
and The Water Supply and Storage Company to eliminate private
inholdings in wilderness areas, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 10, 1997
Mr. Bob Schaffer of Colorado introduced the following bill; which was
referred to the Committee on Resources
April 22, 1998
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
_______________________________________________________________________
A BILL
To provide for an exchange of lands with the city of Greeley, Colorado,
and The Water Supply and Storage Company to eliminate private
inholdings in wilderness areas, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LAND EXCHANGE WITH CITY OF GREELEY, COLORADO, AND THE WATER
SUPPLY AND STORAGE COMPANY.
(a) In General.--If the city of Greeley, Colorado, and The Water
Supply and Storage Company, a Colorado mutual ditch company, offer to
transfer all their right, title, and interest in and to lands described
in subsection (b), the Secretary of Agriculture shall, not later than 1
year after the date of the city's and company's offer, in exchange for
the property, transfer to the city and to the company, as the city and
the company, respectively, shall designate, all right, title, and
interest of the United States in and to the Federal land described in
subsection (c).
(b) City and Company Lands.--
(1) In general.--The city and company lands to be exchanged
under this section are the lands described in paragraph (2)
that are depicted on maps entitled ``Rockwell Ranch Property
Land Exchange'', ``Timberline Lake Property'', and ``Cameron
Pass Lands'' dated February 7, 1997.
(2) Acreage.--
(A) Rockwell ranch property.--The Rockwell Ranch
property is comprised of 4 parcels containing
approximately 520 acres of land.
(B) Timberline lake property.--The Timberline Lake
Property is a parcel of approximately 10 acres located
in the Comanche Peak Wilderness.
(C) Cameron pass lands.--The Cameron Pass Lands
consist of 2 parcels totaling approximately 178 acres
owned by The Water Supply and Storage Company.
(3) Quit claim deed.--The land described in paragraph
(2)(B) shall be conveyed by quit claim deed for the purposes of
eliminating any title conflict between the city of Greeley and
the United States in regard to the land.
(4) Availability of maps.--The maps described in paragraph
(1) shall be on file and available for public inspection in the
office of the Supervisor of the Arapaho National Forest and
Roosevelt National Forest in Fort Collins, Colorado.
(c) Federal Lands.--
(1) In general.--The Federal lands to be exchanged under
this section are the lands depicted on the maps described in
subsection (b) as ``Federal Exchange Lands''.
(2) Acreage.--The total area of Federal land to be
exchanged is approximately 1,176 acres, including approximately
447 acres occupied by the city and the company under perpetual
easements of the United States Department of the Interior, Nos.
D-028135 and D-029149.
(3) Land included.--The Federal land to be exchanged
includes the following:
(A) All Federal land within the high water contour
lines (that is, the elevation of the dam crest) of the
following reservoirs: Barnes Meadow, Chambers Lake,
Comanche, Hourglass, Long Draw, Milton Seaman, Peterson
Lake, and Twin Lakes, together with their dams and
structures.
(B) A surcharge and operational access area around
each reservoir consisting of an average 50-foot
horizontal projection from the high water line and an
average 100-foot horizontal projection from the outer
perimeter of all dams, and appurtenant structures
(including outlets, measuring devices, spillways,
wasteways, toe drains, canals, abutments, and the
Peterson Lake operations cabin), as generally depicted
on the maps described in subsection (b), the access
area to the east of Long Draw Reservoir being limited
to the extent necessary to convey only the land within
the boundary of a national forest.
(C) The Federal land that would be occupied by an
enlargement of Seaman Reservoir to an approximate
capacity of 43,000 acre feet (but not to exceed 50,000
acre feet), including an average 50-foot horizontally
projected buffer zone around the enlarged water line
and structures and an 80-acre parcel of Federal land
south of Seaman Reservoir potentially required for a
downstream damsite on the North Fork of the Cache la
Poudre River, as generally depicted on the maps
described in subsection (b).
SEC. 2. PROCESSING OF AND TERMS AND CONDITIONS RELATING TO LAND
EXCHANGE.
(a) Processing.--The land exchange under section 1 shall be
processed in accordance with Forest Service Land Exchange Regulations
in subpart A of part 254 of title 36, Code of Federal Regulations,
subject to section 1 and the terms and conditions stated in subsection
(b).
(b) Terms and Conditions.--
(1) Easements.--The United States shall--
(A) grant perpetual access easements to the city of
Greeley, Colorado, and to The Water Supply and Storage
Company to the land conveyed by the United States under
section 1; and
(B) reserve easements for all designated roads and
trails crossing any Federal land to be conveyed that
are necessary to ensure public access to adjoining
national forest land.
(2) Accessibility.--The city of Greeley, Colorado, and The
Water Supply and Storage Company shall continue to make
accessible to visitors to the Roosevelt National Forest, under
rules and restrictions determined by the city and the company,
Chambers Reservoir, Long Draw Reservoir, Peterson Reservoir,
Barnes Meadow Reservoir, Comanche Reservoir, Seaman Reservoir,
and Twin Lakes Reservoir.
(3) Special use permits and easements.--All special use
permits and easements and other instruments authorizing
occupancy of the Federal land described in section 1(c) are
rescinded on completion of the exchange.
(4) Instream flow requirements.--
(A) Joint operations plan.--The conditions
specified in the easements granted on December 28,
1994, and January 4, 1995, for Long Draw Reservoir,
Peterson Lake Reservoir, and Barnes Meadow Reservoir
requiring a joint operations plan providing instream
winter flows to the mainstream of the Cache la Poudre
River from Chambers Lake and Barnes Meadow Reservoir
shall continue to be fulfilled regardless of land
ownership unless the grantor and grantee of an easement agree
otherwise.
(B) Rockwell ranch property.--
(i) In general.--On completion of the land
exchange, the city of Greeley's \1/2\ interest
in the rights associated with the Rockwell
Ranch property described in clause (ii) shall
be dedicated to the Colorado Water Conservation
Board in perpetuity for the instream flow
program of the State of Colorado.
(ii) Rights.--The rights described in this
subparagraph are the rights in Rockwell Ditches
No. 1 in the volume of 1.2 c.f.s., No. 2 in the
volume of 1.7 c.f.s., No. 3 in the volume of
2.68 c.f.s., No. 4 in the volume of 1.87
c.f.s., No. 5 in the volume of 1.95 c.f.s. and
No. 6 in the volume of 2.5 c.f.s., diverting
from the South Fork of the Cache la Poudre
River, and its tributaries, Little Beaver
Creek, and the North Fork of Little Beaver
Creek, all with the appropriation date of
December 31, 1888.
(C) No additional conditions, consultations, or
mitigation.--No conditions, consultations, or
mitigation (including instream or bypass flow
requirements) in addition to those described in this
Act shall be required as a condition of the land
exchange.
(5) Water rights.--Except as provided in paragraph (4)(B),
the land exchange does not include any water right owned by the
city of Greeley, Colorado, or The Water Supply and Storage
Company.
(6) Conveyance of federal land.--
(A) In general.--The Federal land to be exchanged
shall be conveyed to the city of Greeley, Colorado, and
to The Water Supply and Storage Company by means of a
land exchange deed issued by an authorized officer of
the Forest Service.
(B) Surveys.--Notwithstanding any other provision
of law, the Secretary of Agriculture may conduct and
approve all cadastral surveys that are necessary for
completion of the exchange.
(7) Equal value.--The values of the lands exchanged between
the United States and the city of Greeley, Colorado, and The
Water Supply and Storage Company are deemed to be of
approximately equal value, without need for a cash equalization
payment.
(8) New holdings.--
(A) In general.--It is recognized that the
conveyance of certain portions of Federal land to the
city of Greeley, Colorado, and The Water Supply and
Storage Company will create new holdings in otherwise
consolidated areas of Federal ownership.
(B) Notification.--If the city of Greeley,
Colorado, or The Water Supply and Storage Company
decides to permanently discontinue reservoir operations
on any of the properties acquired through the exchange,
the Forest Supervisor of the Arapaho National Forest
and Roosevelt National Forest shall be advised of the
intent to perform nonreconstructive breaching of the
dam for purposes of permanently terminating reservoir
operations.
(C) Opportunity to reacquire.--On notification
under subparagraph (B), the Forest Service shall be
afforded the opportunity, for a period not to exceed 1
year, to reacquire property at fair market value or
exchange or on such other terms and conditions as may
be agreed to by the parties concerned.
(9) Development.--
(A) Finding.--Congress finds that the Federal land
to be exchanged, with the exception of the Seaman
Reservoir enlargement area and potential new damsite
below Seaman Reservoir on the North Fork of the Cache
la Poudre River, are fully developed and authorized for
occupancy by the city of Greeley, Colorado, and The
Water Supply and Storage Company.
(B) No further inventory or consultation.--The land
exchange may be completed without further inventory or
consultation under the National Historic Preservation
Act (16 U.S.C. 470 et seq.).
(C) Enlargement.--If the city of Greeley, Colorado,
seeks enlargement of Seaman Reservoir or construction
of a new dam on the North Fork of the Poudre River
below Seaman Reservoir for a Seaman Reservoir
Enlargement, the site shall be subject to all Federal
laws (including regulations) applicable at the time of
proposed construction.
(10) Easement for use of cabin.--
(A) In general.--The Chief of the Forest Service
shall grant a 20-year easement to the city of Greeley,
Colorado, for use of the cabin, in existence on the
date of enactment of this Act, in the north half of the
southwest quarter of Section 30, Township 8 North,
Range 72 West.
(B) Allowed uses.--The easement shall allow the use
of the cabin and other improvements and access to the
forest land nearby.
(C) Access road.--The access road shall be
available for city employees to have access to the
cabin for recreational purposes and to the Forest
Service for administrative purposes.
(11) Easement for use of land.--
(A) In general.--The Chief of the Forest Service
shall grant a 20-year easement to the city of Greeley,
Colorado, for use of approximately 1 acre of land under
the cabin, in existence on the date of enactment of
this Act, in the vicinity of Jacks Gulch Campground on
Pingree Road.
(B) Allowed uses.--The easement shall include the
administrative use of the access road to the cabin and
the reservation of the use of the cabin to persons
permitted under the special use permit in effect on the
date of enactment of this Act.
SEC. 3. ADMINISTRATION OF LAND ACQUIRED BY THE UNITED STATES.
(a) In General.--The land acquired by the United States under
section 1 shall be added to and administered as part of the Roosevelt
National Forest.
(b) Wilderness.--The portions of the land located within a
wilderness area shall be added to and administered as part of the
wilderness area.
SEC. 4. BOUNDARY MODIFICATION OF THE ARAPAHO NATIONAL FOREST AND
ROOSEVELT NATIONAL FOREST.
(a) Modification.--
(1) In general.--In order to provide for more efficient
administration of certain Federal lands adjoining the Arapaho
National Forest and Roosevelt National Forest--
(A) the exterior boundary of the Arapaho National
Forest is modified as shown on the map entitled
``Boundary Modification, Arapaho National Forest''; and
(B) the exterior boundary of the Roosevelt National
Forest is modified as shown on the map entitled
``Boundary Modification, Roosevelt National Forest''.
(2) Public availability.--The maps described in paragraph
(1) and a legal description of the boundary changes shall be on
file and available for public inspection in the office of the
Chief of the Forest Service and appropriate field offices of
the Forest Service.
(b) Administration.--All Federal land brought within the boundary
of the Arapaho National Forest and the Roosevelt National Forest by
this Act as a result of the land exchange under section 1 shall be
added to the Arapaho National Forest and the Roosevelt National Forest,
respectively, and administered in accordance with the laws (including
regulations) and other rules applicable to the National Forest System.
(c) Availability of Certain Lands.--For the purpose of section 7 of
the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9),
the boundary of each of the Arapaho National Forest and the Roosevelt
National Forest, as modified by this section, shall be treated as if it
were the boundary of each forest, respectively, as of January 1, 1965.
Union Calendar No. 282
105th CONGRESS
2d Session
H. R. 1309
[Report No. 105-489]
_______________________________________________________________________
A BILL
To provide for an exchange of lands with the city of Greeley, Colorado,
and The Water Supply and Storage Company to eliminate private
inholdings in wilderness areas, and for other purposes.
_______________________________________________________________________
April 22, 1998
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed