[Congressional Record Volume 150, Number 110 (Wednesday, September 15, 2004)]
[Senate]
[Pages S9330-S9331]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    ARAPAHO AND ROOSEVELT NATIONAL FORESTS LAND EXCHANGE ACT OF 2004

  The Senate proceeded to consider the bill (S. 2180) to direct the 
Secretary of Agriculture to exchange certain lands in the Arapaho and 
Roosevelt National Forests in the State of Colorado, which had been 
reported from the Committee on Energy and Natural Resources, with an 
amendment to strike all after the enacting clause and insert in lieu 
thereof the following:

       (Strike the part shown in black brackets and insert the 
     part shown in italic.)

                                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 1970 (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 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

[[Page S9331]]

     (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 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.
       [(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 1970 (30 U.S.C. 1001 et seq.), the Federal lands are 
     hereby withdrawn until the date of their conveyance to the 
     City.]

     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.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 2180), as amended, was read the third time and passed.




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