[Congressional Record Volume 150, Number 29 (Tuesday, March 9, 2004)]
[Senate]
[Pages S2442-S2443]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL:
  S. 2180. A bill to direct the Secretary of Agriculture to exchange 
certain lands in the Arapaho and Roosevelt National Forests in the 
State of Colorado; to the Committee on Energy and Natural Resources.
  Mr. CAMPBELL. Mr. President, I am pleased to introduce a bill today 
that would effect a small land exchange to help the city of Golden, CO 
in its efforts to augment its water supply, that it might better 
prepare for a resumption of the drought which has plagued our State in 
the past several years. The bill I am proposing would direct that the 
U.S. Forest Service complete a land exchange with the city of Golden at 
the earliest possible date.
  In the land exchange, the city would receive approximately 10 acres 
of National Forest land near Empire, CO. The city needs this land to 
complete construction of a 140-foot stretch of water pipeline 
connecting the West Fork of Clear Creek with a brand new water storage 
reservoir, known as the Guanella Reservoir, which the city completed in 
December. The Guanella Reservoir will increase the city's existing 
water storage capacity by approximately 40 percent, and better enable 
it to cope with future water shortages.
  This legislation is critical, because while the Guanella Reservoir is 
now completed, as is the diversion dam, penstock, and all but 140 feet 
of the connecting pipeline, the reservoir remains dry. In short, the 
pipeline is completed up to the National Forest boundary, and 
authorization is needed from either the Forest Service or Congress to 
complete the small remaining stretch of pipeline that must cross 
National Forest land. Until that authorization is provided, the 
reservoir is sitting empty, and that is a situation we do not want to 
see continued into the dry summer months. Unfortunately, the Forest 
Service has indicated it would take quite some time, possibly several 
years, to authorize the pipeline, and we have agreed with them that 
this land exchange is the best approach to meet everyone's needs and 
time frames.
  For this reason, I am introducing this important legislation, and 
have asked the Committee on Energy and Natural Resources to expedite it 
in every way possible.
  Additionally, I would like to note that while providing the city of 
Golden the ability to finish a critical water storage project, my 
proposal is also a beneficial deal for the United States. In return for 
the 10 acres it will give up, the Forest Service will receive up to 80 
acres of land near a popular trail and recreation area in Evergreen, 
CO, and will also receive 55 acres of land on and near the Continental 
Divide National Scenic Trail in Clear Creek and Summit Counties. The 55 
acres are located along one of the most popular stretches of the Trail, 
and are one of the ways hikers and other users can access the popular 
Greys and Torreys Peaks, two of the most heavily-climbed 14,000 foot 
peaks in our State. Further, my bill provides that all land values will 
be determined in accordance with Forest Service appraisal procedures, 
so we will be insuring that the United States will receive full market 
value for its land. In addition, the City is making a donation of 
Continental Divide Trail lands above which are required. I believe this 
is truly a ``win-win'' situation for all concerned, and commend the 
City for making the additional donation to the Forest Service.

  Finally, I would like to note that my proposal has been endorsed by 
the County Commissioners of all three counties that have lands involved 
in the trade, the non-profit Continental Divide Trail Alliance, the 
City of Blackhawk Public Works Department, the Georgetown Loop Scenic 
Railroad, and by numerous others.
  Again, I would recommend this legislation for my colleagues' quick 
approval in order that the City of Golden can get on with its urgent 
needs to supply adequate additional water to its residents this summer.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2180

       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 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)(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 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

[[Page S2443]]

     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 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.
       (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 
     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. 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.
                                 ______