[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2180 Enrolled Bill (ENR)]
S.2180
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
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 FORESTS,
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 Evergreen 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 approximately 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.
(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is permanently withdrawn from all forms of entry and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 identified
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 Uniform
Appraisal Standards for Federal Land Acquisitions and the
Uniform Standards of Professional Appraisal Practice.
(B) Donation.--Except as provided in paragraph (3), the
conveyance of the non-Federal land identified in subsection
(a)(1)(B) shall be considered a donation for all purposes 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 identified in
subsection (b), the values may be equalized by--
(A) reducing the acreage of the non-Federal land identified
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
equalization.
(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 identified 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 conveyed 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).
(B) Cash equalization payment.--If the Secretary declines
to accept the non-Federal land identified in subsection
(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 Secretary, 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 enactment 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 identified 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 appropriation, 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) generally
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.
(h) Technical Corrections.--The Secretary, with the agreement 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 withdrawing 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 Federal land.
(2) Withdrawal.--On the date of enactment of this Act, if not
already withdrawn or segregated from 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.), the Federal land identified in subsection (b) is withdrawn
until the date of the conveyance of the Federal land to the City.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.