[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.

                          ____________________