[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.

                                
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