[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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