[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2180 Engrossed in Senate (ES)]
108th CONGRESS
2d Session
S. 2180
_______________________________________________________________________
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the land is permanently withdrawn from all forms of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.
Passed the Senate September 15, 2004.
Attest:
Secretary.
108th CONGRESS
2d Session
S. 2180
_______________________________________________________________________
AN ACT
To direct the Secretary of Agriculture to exchange certain lands in the
Arapaho and Roosevelt National Forests in the State of Colorado.