[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 541 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 541

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 SENATE OF THE UNITED STATES

                             April 9, 1997

  Mr. Allard introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 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.
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