[House Report 108-329]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-329
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ARAPAHO AND ROOSEVELT NATIONAL FORESTS LAND EXCHANGE ACT OF 2003
_______
October 28, 2003.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 2766]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred 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, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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 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.
PURPOSE OF THE BILL
The purpose of H.R. 2766 is to direct the Secretary of
Agriculture to exchange certain lands in the Arapaho and
Roosevelt National Forests in the State of Colorado.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 2766 would facilitate the exchange of approximately
9.84 acres of Arapaho and Roosevelt National Forests to the
City of Golden, Colorado. The City needs the land to construct
a water pipeline to transfer domestic water supplies into
storage for the city and its residents. The City of Golden
currently owns or has the option of purchasing several parcels
(141 acres total) of non-federal land near Evergreen and
Argentine Pass, Colorado. The City would convey the land to the
Forest Service while eliminating inholdings in the National
Forest System.
The bill provides for prompt transfer of the 9.84 acres of
specified Arapaho and Roosevelt Forests lands, in exchange for
the City-owned parcels or a combination of payment equal to the
fair market value of these lands and/or conveyance of non-
federal lands according to federal appraisal standards. The
bill also authorizes the City to construct the water pipeline.
The City will pay the direct costs of the transfer including
the survey and appraisal. Any payments received by the United
States will be deposited in the Treasury fund established by
Public Law 90-171, known as the Sisk Act, and may be used to
acquire land in the National Forest System for the State of
Colorado.
COMMITTEE ACTION
H.R. 2766 was introduced on July 17, 2003, by Congressman
Bob Beauprez (R-CO). The bill was referred to the Committee on
Resources and within the Committee to the Subcommittee on
Forests and Forest Health. On July 24, 2003, the Subcommittee
held a hearing on the bill. On October 1, 2003, the Resources
Committee met to consider the bill. The Subcommittee was
discharged from further consideration of the bill by unanimous
consent. Congressman Tom Tancredo (R-CO) offered an amendment
in the nature of a substitute. The amendment was adopted by
unanimous consent. The bill, as amended, was then ordered
favorably reported to the House of Representatives by unanimous
consent.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
This section provides the short title of the bill--the
Arapaho and Roosevelt National Forests Land Exchange Act of
2003.
Section 2. Findings
Section 2 sets forth certain findings as to why the bill is
in the public interest.
Section 3. Land exchange, Arapaho and Roosevelt National Forests,
Colorado
Section 3 specifies the details of the land exchange
proposal as follows:
Subsection (a) provides that the land exchange shall
proceed if within 30 days of enactment of H.R. 2766 the City of
Golden offers to convey to the Forest Service non-federal land
comprising: (1) up to 80 acres of land in the Cub Creek
drainage near Evergreen, Colorado; and (2) 55.909 acres of land
near Argentine Pass, Colorado which straddle the Continental
Divide. Upon their acquisition by the United States, the
Argentine Pass lands are withdrawn from the operation of the
public land laws, including the mining, mineral leasing and
geothermal steam laws.
Subsection (b) specifies that if the Secretary receives
acceptable title to the non-federal lands identified in
subsection (a), the United States shall convey a 9.84 acre
parcel of specified federal land to the City of Golden near
Empire, Colorado.
Subsection (c) specifies that the value of the federal land
identified in subsection (b) and non-federal land identified in
subsection (a)(1)(A) will be determined by standard appraisals
in accordance with the Uniform Appraisal Standards for Federal
Land Acquisitions and the Uniform Standards of Professional
Appraisal Practice. To save costs to the United States, the
value of the Argentine Pass non-federal land identified in
subsection (a)(1)(B) will be considered a donation to the
Forest Service, and therefore, that parcel will not be formally
appraised. However, if the parcel's value is needed for cash
equalization purposes, subsection (c)(3) allows the Secretary
to prepare a statement of value for the property and utilize as
much of the value as necessary to achieve cash equalization.
Conversely, if the United States owes value to the City in the
exchange, value equalization may be achieved by reducing the
size of the Cub Creek parcel conveyance to the Forest Service
and/or by the Forest Service making a cash equalization payment
to the City.
Subsection (d) specifies that to save administrative costs
to the United States and expedite the exchange, the City shall
pay for any land surveys and appraisals necessary to complete
the land exchange.
Subsection (e) states the intent of Congress that the land
exchange be completed within 120 days after enactment of H.R.
2766. Pending completion of the exchange, the City is
authorized to construct a water pipeline on the federal land,
subject to the City holding the United States harmless from any
activities conducted by the City on the federal land prior to
its transfer to the City.
Subsection (f) states that if the land exchange directed by
the bill cannot be completed for any reason, the Secretary will
sell the 9.84 acre federal land parcel to the City of Golden at
its final appraised fair market value. Any money received by
the United States in such a sale will be considered money
received pursuant to the Sisk Act, and will be available to the
Secretary of Agriculture, without need of further
appropriation, for the acquisition of lands for addition to the
National Forest System in Colorado.
Subsection (g) states that lands acquired by the United
States will be added to the Arapaho and Roosevelt National
Forests, and modifies the existing boundaries of the Forests to
allow the incorporation of certain lands in the Cub Creek
drainage into the Forests. Any lands acquired will be
administered in accordance with the laws, rules and regulations
generally applicable to National Forest System lands.
Subsection (h) allows for the correction of technical and
clerical errors and adjustment of the federal lands to leave
the United States with manageable post-exchange boundaries.
Subsection (i) revokes any withdrawals of the federal land
necessary to permit their exchange to the City of Golden and
also withdraws the federal lands from appropriation or disposal
under the public land laws prior to their disposal to the City.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, credit
authority, or an increase or decrease in revenues or tax
expenditures. According to the Congressional Budget Office,
enactment of this bill ``could affect direct spending,
including offsetting receipts, but we estimate that any net
impact on the federal budget would be insignificant.''
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 22, 2003.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2766, the Arapaho
and Roosevelt National Forests Land Exchange Act of 2003.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
H.R. 2766--Arapaho and Roosevelt National Forests Land Exchange Act of
2003
H.R. 2766 would direct the Department of Agriculture to
convey to the city of Golden, Colorado, about 10 acres of
federal lands within the Arapaho National Forest in exchange
for up to 80 acres of city-owned property (known as the Cub
Creek parcel). CBO estimates that enacting H.R. 2766 could
affect direct spending, including offsetting receipts, but we
estimate that any net impact on the federal budget would be
insignificant.
Under the bill, any property acquired through the exchange,
plus an additional 40 acres of nearby private lands, would
become part of the Arapaho and Roosevelt National Forests. The
bill also would authorize the department to sell the 10 acres
of federal property to the city--and spend the proceeds without
further appropriation to purchase other property--if an
exchange cannot be completed.
Based on information provided by the Forest Service, CBO
estimates that implementing H.R. 2766 would have no significant
impact on the federal budget. CBO expects that the 10 acres of
federal land (which we estimate to be worth less than $500,000)
would be conveyed to the city within fiscal year 2004 in
exchange for some or all of the Cub Creek land. We expect that
the conveyance of that land would not result in any loss of
federal receipts because the land does not generate any income
from timber sales, mining, or other commercial activities.
Finally, CBO expects that the 40 acres of private property to
be added to the national forests would be acquired by a future
exchange within the next five years at no significant cost to
the federal government.
H.R. 2766 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The land exchange authorized by this bill would benefit the
city of Golden, Colorado, and any expenditures made by the city
to satisfy the conditions of the exchange would be voluntary.
The CBO staff contact for this estimate is Deborah Reis.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.