[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2180 Reported in Senate (RS)]
Calendar No. 600
108th CONGRESS
2d Session
S. 2180
[Report No. 108-285]
To direct the Secretary of Agriculture to exchange certain lands in the
Arapaho and Roosevelt National Forests in the State of Colorado.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 9, 2004
Mr. Campbell (for himself and Mr. Allard) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
June 25, 2004
Reported by Mr. Domenici, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Arapaho and Roosevelt
National Forests Land Exchange Act of 2004''.</DELETED>
<DELETED>SEC. 2. LAND EXCHANGE, ARAPAHO AND ROOSEVELT NATIONAL FORESTS,
COLORADO.</DELETED>
<DELETED> (a) Conveyance by the City of Golden.--</DELETED>
<DELETED> (1) Lands described.--The land exchange directed
by this section shall proceed if, within 30 days after the date
of the enactment of this Act, the City of Golden, Colorado (in
the section referred to as the ``City''), offers to convey
title acceptable to the United States to the following non-
Federal lands:</DELETED>
<DELETED> (A) Certain lands located near the
community of Evergreen in Park County, Colorado,
comprising approximately 80 acres, as generally
depicted on a map entitled ``Non-Federal Lands--Cub
Creek Parcel'', dated June, 2003.</DELETED>
<DELETED> (B) Certain lands located near Argentine
Pass in Clear Creek and Summit Counties, Colorado,
comprising approximately 55.909 acres in 14 patented
mining claims, as generally depicted on a map entitled
``Argentine Pass/Continental Divide Trail Lands'',
dated September 2003.</DELETED>
<DELETED> (2) Conditions of conveyance.--The conveyance of
lands under paragraph (1)(B) to the United States shall be
subject to the absolute right of the City to permanently enter
upon, utilize, and occupy so much of the surface and subsurface
of the lands as may be reasonably necessary to access,
maintain, repair, modify, make improvements in, or otherwise
utilize the Vidler Tunnel to the same extent that the City
would have had such right if the lands had not been conveyed to
the United States and remained in City ownership. The exercise
of such right shall not require the City to secure any permit
or other advance approval from the United States. Upon
acquisition by the United States, such lands are hereby
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.).</DELETED>
<DELETED> (b) Conveyance by United States.--Upon receipt of
acceptable title to the non-Federal lands identified in subsection (a),
the Secretary of Agriculture shall simultaneously convey to the City
all right, title and interest of the United States in and to certain
Federal lands, comprising approximately 9.84 acres, as generally
depicted on a map entitled ``Empire Federal Lands--Parcel 12'', dated
June 2003.</DELETED>
<DELETED> (c) Equal Value Exchange.--</DELETED>
<DELETED> (1) Appraisal.--The values of the Federal lands
identified in subsection (b) and the non-Federal lands
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
(December 20, 2000) and the Uniform Standards of Professional
Appraisal Practice. Except as provided in paragraph (3), the
conveyance of the non-Federal lands identified in subsection
(a)(1)(B) shall be considered a donation for all purposes of
law.</DELETED>
<DELETED> (2) Surplus of non-federal value.--If the final
appraised value, as approved by the Secretary, of the non-
Federal lands 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--</DELETED>
<DELETED> (A) by reducing the acreage of the non-
Federal lands identified in subsection (a) to be
conveyed, as determined appropriate and acceptable by
the Secretary and the City;</DELETED>
<DELETED> (B) the making of 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</DELETED>
<DELETED> (C) a combination of acreage reduction and
cash equalization.</DELETED>
<DELETED> (3) Surplus of federal value.--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 lands
identified in subsection (a)(1)(A), the Secretary shall prepare
a statement of value for the non-Federal lands identified in
subsection (a)(1)(B) and utilize such value to the extent
necessary to equalize the values of the non-Federal lands
identified in subsection (a)(1)(A) and the Federal land
identified in subsection (b). If the Secretary declines to
accept the non-Federal lands identified in subsection (a)(1)(B)
for any reason, the City shall make a cash equalization payment
to the Secretary as necessary to equalize the values of the
non-Federal lands identified in subsection (a)(1)(A) and the
Federal land identified in subsection (b).</DELETED>
<DELETED> (d) Exchange Costs.--To expedite the land exchange under
this section and save administrative costs to the United States, the
City shall be required to pay for--</DELETED>
<DELETED> (1) any necessary land surveys; and</DELETED>
<DELETED> (2) the costs of the appraisals, which shall be
performed in accordance with Forest Service policy on approval
of the appraiser and the issuance of appraisal
instructions.</DELETED>
<DELETED> (e) Timing and Interim Authorization.--It is the intent of
Congress that the land exchange directed by this Act shall be completed
no later than 120 days after the date of the enactment of this Act.
Pending completion of the land exchange, the City is authorized,
effective on the date of the enactment of this Act, to construct a
water pipeline on or near the existing course of the Lindstrom ditch
through the Federal land identified in subsection (b) without further
action or authorization by the Secretary, except that, prior to
initiating any such construction, the City shall execute and convey to
the Secretary a legal document that permanently holds the United States
harmless for any and all liability arising from the construction of
such water pipeline and indemnifies the United States against all costs
arising from the United States' ownership of the Federal land, and any
actions, operations or other acts of the City or its licensees,
employees, or agents in constructing such water pipeline or engaging in
other acts on the Federal land prior to its transfer to the City. Such
encumbrance on the Federal land prior to conveyance shall not be
considered for purposes of the appraisal.</DELETED>
<DELETED> (f) Alternative Sale Authority.--If the land exchange is
not completed for any reason, the Secretary is hereby authorized and
directed to sell the Federal land identified in subsection (b) to the
City at its final appraised value, as approved by the Secretary. Any
money received by the United States in such sale shall be considered
money received and deposited pursuant to Public Law 90-171 (16 U.S.C.
484(a); commonly known as the ``Sisk Act'', and may be used, without
further appropriation, for the acquisition of lands for addition to the
National Forest System in the State of Colorado.</DELETED>
<DELETED> (g) Incorporation, Management, and Status of Acquired
Lands.--Land acquired by the United States under the land exchange
shall become part of the Arapaho and Roosevelt National Forests, and
the exterior boundary of such forest is hereby modified, without
further action by the Secretary, as necessary to incorporate the non-
Federal lands identified in subsection (a) and an additional 40 acres
as depicted on a map entitled ``Arapaho and Roosevelt National Forest
Boundary Adjustment--Cub Creek'', dated June 2003. Upon their
acquisition, lands or interests in land acquired under the authority of
this Act shall be administered in accordance with the laws, rules and
regulations generally applicable to the National Forest System. 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 such forest as of January 1, 1965.</DELETED>
<DELETED> (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 or adjust the
boundaries of the Federal lands to leave the United States with a
manageable post-exchange or sale boundary. In the event of any
discrepancy between a map, acreage estimate, or legal description, the
map shall prevail unless the Secretary and the City agree
otherwise.</DELETED>
<DELETED> (i) Revocation of Orders and Withdrawal.--Any public
orders withdrawing any of the Federal lands identified in subsection
(b) from appropriation or disposal under the public land laws are
hereby revoked to the extent necessary to permit disposal of the
Federal lands. Upon the enactment of this Act, if not already withdrawn
or segregated from the 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 lands are
hereby withdrawn until the date of their conveyance to the
City.</DELETED>
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.
Calendar No. 600
108th CONGRESS
2d Session
S. 2180
[Report No. 108-285]
_______________________________________________________________________
A BILL
To direct the Secretary of Agriculture to exchange certain lands in the
Arapaho and Roosevelt National Forests in the State of Colorado.
_______________________________________________________________________
June 25, 2004
Reported with an amendment