[Congressional Record Volume 150, Number 119 (Tuesday, September 28, 2004)]
[House]
[Pages H7678-H7679]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    ARAPAHO AND ROOSEVELT NATIONAL FORESTS LAND EXCHANGE ACT OF 2004

  Mr. RADANOVICH. Mr. Speaker, I move to suspend the rules and pass the 
Senate 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.
  The Clerk read 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 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.--

[[Page H7679]]

       (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 SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Radanovich) and the gentleman from Arizona (Mr. 
Grijalva) each will control 20 minutes.
  The Chair recognizes the gentleman from California (Mr. Radanovich).
  Mr. RADANOVICH. Mr. Speaker, I yield 2 minutes to the gentleman from 
Colorado (Mr. Beauprez).
  Mr. BEAUPREZ. Mr. Speaker, occasionally on this floor we get to do 
win/win proposals, and this is clearly one of them.
  This legislation is almost identical to legislation adopted by this 
Chamber earlier this session which I, the gentleman from Colorado (Mr. 
Udall), and the gentleman from Colorado (Mr. Tancredo) introduced. The 
difference is, this legislation actually is better. It is better in 
that it provides the United States Forest Service a 45-day window of 
opportunity to do their due diligence before the transfer actually 
takes place, and it also increases the acreage that the city of Golden 
is willing to trade to the government to accomplish this mission.
  What is this mission? The mission is the city of Golden gets to 
increase its water storage capacity by 40 percent, which is critical to 
this small town in my district, in exchange for 10 acres to connect a 
pipeline to the reservoir, the storage reservoir. The United States 
Forest Service will acquire 80 acres near the city of Evergreen which 
will stay perpetually green, maintaining pristine wilderness, and also 
an additional 56 acres that includes a portion of the Continental 
Divide Trail. Yes, the Continental Divide, that place where east and 
west divide and a pristine wilderness trail that is critical not only 
to our State but to much of the Nation as we connect from our southern 
border clear to our northern border.
  Mr. Speaker, it is a privilege to see this legislation before this 
body. It is a privilege to rise in support of it. I thank the gentleman 
from California (Mr. Radanovich).
  Mr. RADANOVICH. Mr. Speaker, I reserve the balance of my time.
  Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, we have no objection to the consideration of this 
measure.
  Mr. Speaker, I yield back the balance of my time.
  Mr. RADANOVICH. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Radanovich) that the House suspend the 
rules and pass the Senate bill, S. 2180.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate bill was passed.
  A motion to reconsider was laid on the table.

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