[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.