[Congressional Record Volume 149, Number 158 (Tuesday, November 4, 2003)]
[House]
[Pages H10305-H10307]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ARAPAHO AND ROOSEVELT NATIONAL FORESTS LAND EXCHANGE ACT OF 2003
Mr. RENZI. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 2766) to direct the Secretary of Agriculture to exchange certain
lands in the Arapaho and Roosevelt National Forests in the State of
Colorado, as amended.
The Clerk read as follows:
H.R. 2766
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 2003''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Certain National Forest System lands near Empire,
Colorado, are needed by the city of Golden, Colorado, to
facilitate the construction of a water pipeline to transport
domestic water supplies into storage for the city and its
residents.
(2) Such National Forest System lands, comprising
approximately 9.84 acres in total, are of limited utility for
public administration or recreation and other use by virtue
of their largely steep terrain, irregular boundary, and lack
of easy public access.
(3) The city of Golden owns, or has an option to purchase,
several parcels of non-Federal land comprising a total of
approximately 141 acres near Evergreen and Argentine Pass,
Colorado, which it is willing to convey to the United States
for addition to the Arapaho and Roosevelt National Forests.
(4) The non-Federal lands owned or optioned by the city of
Golden, if conveyed to the United States, will eliminate
inholdings in the National Forest System, result in
administrative cost savings to the United States by reducing
costs of forest boundary administration, and provide the
United States with environmental and public recreational use
benefits (including enhanced Federal land ownership along the
Continental Divide National Scenic Trail) that greatly exceed
the benefits of the Federal land the United States will
convey in exchange.
(5) It is in the public interest to authorize, direct,
expedite, and facilitate completion of a land exchange
involving these Federal and non-Federal lands to assist the
city of Golden in providing additional water to its residents
and to acquire valuable non-Federal lands for permanent
public use and enjoyment.
SEC. 3. LAND EXCHANGE, ARAPAHO AND ROOSEVELT NATIONAL
FORESTS, COLORADO.
(a) Conveyance by the City of Golden.--
(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:
(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.
(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.
(2) Conditions of conveyance.--The conveyance of lands
under paragraph (1) 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 l970 (30 U.S.C. 1001 et seq.).
(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.
(c) Equal Value Exchange.--
(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.
(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--
(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;
(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
(C) a combination of acreage reduction and cash
equalization.
(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).
(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--
(1) any necessary land surveys; and
(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.
(e) Timing and Interim Authorization.--It is the intent of
Congress that the land exchange directed by this Act should
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.
(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.
(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
of the Land and Water Conservation Fund Act of l965 (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.
(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.
(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.
[[Page H10306]]
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 l970 (30 U.S.C. 1001 et seq.),
the Federal lands are hereby withdrawn until the date of
their conveyance to the City.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arizona (Mr. Renzi) and the gentleman from New Mexico (Mr. Udall) each
will control 20 minutes.
The Chair recognizes the gentleman from Arizona (Mr. Renzi).
General Leave
Mr. RENZI. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
and include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arizona?
There was no objection.
Mr. RENZI. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 2766, introduced by the gentleman from Colorado
(Mr. Beauprez), would direct the Secretary of Agriculture to exchange
certain lands in the Arapaho and Roosevelt National Forests in the
State of Colorado.
{time} 1700
This exchange would facilitated the construction of a pipeline
leading in a reservoir near Empire, Colorado, to the city of Golden,
Colorado. In exchange, the Forest Service will benefit by acquiring
nearly 80 acres of inholdings near Evergreen, Colorado, as well as
receiving a donation of 61 acres of private land along the Continental
Divide National Scenic Trail.
Mr. Speaker, I urge adoption of this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. UDALL of New Mexico. Mr. Speaker, I yield myself such time as I
may consume.
(Mr. UDALL of New Mexico asked and was given permission to revise and
extend his remarks.)
Mr. UDALL of New Mexico. Mr. Speaker, H.R. 2766 would authorize the
Secretary of Agriculture to consummate a land exchange in Colorado. The
values of the lands would be appraised in accordance with the Federal
appraisal standards.
The city of Golden, Colorado would benefit from the transaction. This
bill is not controversial. I congratulate the sponsor of this
legislation and the gentleman from Colorado (Mr. Udall) for their hard
bipartisan work on this legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. RENZI. Mr. Speaker, I yield 5 minutes to the gentleman from the
Rocky Mountain State of Colorado (Mr. Beauprez).
Mr. BEAUPREZ. Mr. Speaker, I thank the gentleman for yielding me
time.
Mr. Speaker, I rise in support of H.R. 2677, which I introduced on
July 17 of this year in order to help my constituents in Golden,
Colorado with their efforts to increase their water supply system. I
would also like to extend my thanks to the gentleman from Colorado (Mr.
Udall), who joins me in the Chamber, and the gentleman from Colorado
(Mr. Tancredo) for cosponsoring this important legislation with me.
Mr. Speaker, as many Members of this House are aware, the State of
Colorado has recently suffered through what many scientists believe is
the worst drought cycle to hit our State in the past 300 to 500 years.
As a result, many communities' usage ran up against or exceeded their
ability to store water. While the drought has abated in northern and
central Colorado, it is still severe in parts of central and eastern
Colorado, and both State and local government entities are urgently
searching for ways to prepare for future drought and emergency
situations.
To that end, the city of Golden, which I represent, is currently
completing a new water storage facility, called the Guanella Reservoir
near Empire, Colorado. When the construction is finished later this
year, Guanella Reservoir will increase Golden's water storage
capability by about 400 percent, which should be adequate to guard
against any water shortage problems for the near future.
While the new Guanella Reservoir and the headgate to withdraw water
from the nearby West Fork of Clear Creek are located entirely on
private land, a small portion of the water pipeline needed to connect
the reservoir with the water withdrawal site must cross a narrow finger
of National Forest land. In addition, the city needs to begin filling
this reservoir this coming winter, so they need authorization to
construct the water pipeline across the National Forest land this fall.
To achieve the above mentioned goals, H.R. 2766 does two things.
First, it authorizes and directs a small land exchange between the
Forest Service and the city of Golden to give the city the Forest
Service land it needs to complete the pipeline construction. If the
land exchange cannot be completed for any reason, the Forest Service is
directed to sell the land to the city.
Second, H.R. 2766 authorizes the city to complete the water pipeline
across the National Forest land as soon as this bill is enacted into
law. That provision is critical to the city's plans, as the pipeline is
already completed up to the National Forest boundary, and the remaining
small stretch of the pipeline must be completed as soon as possible in
order for the city to begin filling the reservoir this coming winter.
Unfortunately, there is not adequate time for the city to obtain an
administrative permit from the Forest Service to meet the schedule, and
thus, this Congressional action is required.
Mr. Speaker, in preparing this legislation, I have worked closely
with my colleagues, the gentleman from Colorado (Mr. Udall) and the
gentleman from Colorado (Mr. Tancredo), as this land exchange directly
involves lands in their congressional districts. In particular, while
the proposed exchange will assist the city of Golden, it will also
bring two valuable particles of land into Forest Service ownership.
The first parcel is located in the Cub Creek drainage near Evergreen,
Colorado. It is sought for acquisition by the Forest Service to
eliminate a private land inholding in an area that is becoming
increasingly popular for public recreation.
The second parcel is a 55-acre parcel which straddles the Continental
Divide near Argentine Pass and is traversed by the route of the
Continental Divide National Scenic Trail. It will be donated to the
Forest Service by the city as part of the exchange transaction.
I want to commend the city of Golden for making the donation of the
Argentine Pass lands to the Forest Service. Donating the land to the
Forest Service will mean that scarce trail acquisition dollars can be
used on other parts of the Trail. So that is a real win-win for all
concerned.
In closing, Mr. Speaker, allow me to note that H.R. 2766 has been
endorsed by all three counties where the exchange lands are located,
that is Clear Creek, Park and Summit Counties, the nonprofit
Continental Divide Trail Association, the city of Black Hawk Public
Works Department, the Georgetown Loop Railroad, and the U.S. Forest
service. This bill is truly a bipartisan consensus proposal in every
respect. I hope it will be passed by our body today and by our
colleagues in the Senate shortly and signed into law by the President
at the earliest possible date.
Mr. UDALL of New Mexico. Mr. Speaker, I yield such time as he may
consume to the gentleman from Colorado (Mr. Udall), a hardworking
member of the House Committee on Resources.
(Mr. UDALL of Colorado asked and was given permission to revise and
extend his remarks.)
Mr. UDALL of Colorado. Mr. Speaker, I rise in strong support of this
bill. And as I begin to make some comments about it, I want to thank
the gentleman from New Mexico (Mr. Udall) for yielding me time.
Mr. Speaker, as my colleague and friend, the gentleman from Colorado
(Mr. Beauprez) explained, this bill would expedite an exchange of lands
between the city of Golden and the Federal Government. I join the
gentleman from Colorado (Mr. Beauprez) in introducing the legislation.
I want to extend my thanks for his initiative and for his great
cooperation and hard work on this important piece of legislation,
particularly the people of Golden and of this particular area.
I also want to join the gentleman in extending my appreciation to the
subcommittee chairman, the gentleman from Colorado (Mr. McInnis), and
the
[[Page H10307]]
ranking member, the gentleman from Washington (Mr. Inslee), as well as
our chairman, the gentleman from California (Mr. Pombo) and the ranking
member, the gentleman from West Virginia (Mr. Rahall) for making it
possible for us to move the bill quickly to the floor of the House.
Finally, I would like to acknowledge our colleague, the gentleman
from Colorado (Mr. Tancredo) whose district abuts our district and
without whose help we could not have moved this legislation.
The gentleman from Colorado (Mr. Beauprez) exhaustively and with
great detail explained what this measure does. And I wanted to just
emphasize that not only does the legislation meet the needs and
interest of the city of Golden, but it also benefits the public
interest as well. The gentleman explained that this land that would be
exchanged helps the Continental Divide Trail so that it can move ahead
with the important work that it is doing on a noncash basis. This
transfer does not involve resources so they can put them towards
completing the trail and maintaining the trail.
It also gives the city of Golden certainty that it can proceed with
this project, and if for some reason the exchange cannot be completed,
the city will buy the lands. It has made a good faith commitment toward
doing this.
In conclusion this is a win-win-win across the board. It will help us
respond to what has been an unprecedented drought in our State. It is
an example of how, if we work together in Colorado and in this
Congress, we can meet the increasing needs for water in the west.
This is a bill that on its surface may appear to be modest, but it is
very important for the city of Golden, for our Colorado residents, and
for all the Americans who will take advantage of the Continental Divide
Trail. I would urge its support and its adoption. It is bipartisan and
noncontroversial. I would like to thank, again, the gentleman from
Colorado (Mr. Beauprez) for his hard work.
Mr. UDALL of New Mexico. Mr. Speaker, I have no further requests for
time, and I yield back the balance of my time.
Mr. RENZI. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore (Mr. Boozman). The question is on the motion
offered by the gentleman from Arizona (Mr. Renzi) that the House
suspend the rules and pass the bill, H.R. 2766, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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