[Senate Report 108-285]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 600
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-285
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    ARAPAHO AND ROOSEVELT NATIONAL FORESTS IN THE STATE OF COLORADO

                                _______
                                

                 June 25, 2004.--Ordered to be printed

                                _______
                                

   Mr. Domenici, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2180]

    The Committee on Energy and Natural Resources, to which was 
referred 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, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

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.

                         PURPOSE OF THE MEASURE

    The purpose of S. 2180 is to direct an exchange of certain 
National Forest System land for certain land owned by the city 
of Golden in the State of Colorado.

                          BACKGROUND AND NEED

    The city of Golden, needs certain National Forest lands for 
the construction of a water pipeline to transport domestic 
water supplies into storage for the city and its residents. The 
land needed by the city, which consists of approximately 9.84 
acres, are of limited public value because of their steep 
terrain, irregular boundaries, and lack of easy public access.
    The city has offered to exchange approximately 136 acres of 
land owned by the city, or private lands it has the option to 
purchase, for the 9.84 acre parcel of National Forest System 
land. Acquisition of these lands by the Forest Service will 
eliminate in holdings in the National Forest System, reduce the 
cost of administering the forest boundary, and enhance 
environmental and public recreational use benefits by 
increasing federal land ownership along the Continental Divide 
National Scenic Trail.
    S. 2180 is needed to authorize the Forest Service to 
execute the proposed exchange, which will assist the city of 
Golden in providing additional water to its residents, and will 
obtain valuable non-Federal lands for permanent public use and 
enjoyment.

                          LEGISLATIVE HISTORY

    S. 2180 was introduced by Senator Campbell on March 9, 
2004. The Subcommittee on Forest and Public Lands held a 
hearing on S. 2180 on March 24, 2004. The Committee on Energy 
and Natural Resources, on June 16, 2004, by a unanimous vote of 
a quorum present favorably reported S. 2180 with an amendment 
in the nature of a substitute. A similar bill, H.R. 2766, was 
introduced in the House of Representatives by Representatives 
Beauprez, Tancredo, and Udall on July 17, 2003. The Committee 
on Resources favorably reported H.R. 2766 with amendment on 
October 28, 2003 (H. Rept. 108-329). The House of 
Representatives passed H.R. 2766, as amended, by voice vote on 
November 4, 2003.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in an 
open business session on June 16, 2004, by a unanimous voice 
vote of a quorum present, recommends that the Senate pass S. 
2180, if amended as described herein.

                          COMMITTEE AMENDMENT

    The committee adopted an amendment in the nature of a 
substitute. The amendment extends the deadline for completion 
of the exchange from 120 days to 180 days, and permits , 
subject to applicable law, the Forest Service 45 days to 
provide the city of Golden with a special-use permit to 
facilitate the construction of 140 feet of pipeline while the 
exchange is being completed. Additionally, the amendment makes 
a number of technical corrections, including correcting the 
number of acres to be added to the Arapaho-Roosevelt National 
Forest as a result of the expansion of the boundary of the 
forest.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 provides the short title.
    Section 2(a) describes the non-Federal lands (approximately 
80 acres in the Cub Creek parcel and 55.909 acres in the 
Argentine Pass/Continental Divide Trail area) to be exchanged. 
Paragraph 2 provides for the withdrawal of the land and 
reserves to the city of Golden the continuing right to use the 
surface and subsurface of the Argentine Pass parcel to access 
or use the transcontinental Vidler Tunnel to the same extent as 
if the city had not conveyed the parcel.
    Section 2(b) describes the Federal lands to be exchanged 
(approximately 9.84 acres) and directs the Secretary of 
Agriculture to convey the Federal lands upon receipt of 
acceptable title to the non-Federal lands.
    Section 2(c) directs the Secretary to use standard 
appraisal practices to value the lands to be exchanged, except 
that the Argentine Pass parcel is to be considered a donation 
unless additional value is needed to equalize the value of the 
Federal land. Paragraphs 2 and 3 direct a process using a cash 
payment equalization, or reduction in acreage of the non-
Federal or Federal lands if the land values of the exchange are 
not equal, and exempts the exchange from the cash payment 
limitation in section 206(b) of the Federal Land Policy and 
Management Act of 1976.
    Section 2(d) requires the city of Golden to pay for the 
costs of necessary land surveys and appraisals.
    Section 2(e) establishes that Congress intends the exchange 
to be completed within 180 days of enactment of the Act. It 
requires, subject to applicable law, the Secretary to authorize 
the city of Golden to begin construction of the pipe across the 
federal land not later than 45 days after the date of 
enactment.
    Section 2(f) provides alternative sale authority if the 
exchange is not completed for any reason and directs the 
Secretary to sell the Federal lands at their appraised value, 
with the proceeds deposited in the Sisk Act (Public Law 90-171; 
16 U.S.C. 484a) fund.
    Section 2(g) provides that the acquired non-Federal lands, 
along with an additional 80-acre parcel, become part of the 
Arapaho and Roosevelt National Forests and modifies the 
Forests' boundaries accordingly. It also directs that these 
additions be included in the January 1, 1965, boundary for 
purposes of section 7 of the Land and Water Conservation Fund 
Act of 1965 (16 U.S.C. 460l-9).
    Section 2(h) authorizes the Secretary, with the agreement 
of the city, to make technical corrections to maps of Federal 
and non-Federal lands in the land exchange.
    Section 2(i) revokes, to the extent necessary, all public 
withdrawals of the federal lands to be exchanged or sold, and 
withdraws the federal lands from mining entry between the date 
of enactment and conveyance.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office.

S. 2180--Arapaho and Roosevelt National Forests Land Exchange Act of 
        2004

    S. 2180 would direct the Department of Agriculture to 
convey to the city of Golden, Colorado, about 10 acres of 
federal land 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. 2180 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 land, 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 the 
exchange cannot be completed.
    Based on information from the Forest Service, CBO estimates 
that implementing S. 2180 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.
    S. 2180 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.
    On October 22, 2003, CBO transmitted a cost estimate for 
H.R. 2766, similar legislation, as ordered reported by the 
House Committee on Resources on October 1, 2003. The two bills 
are similar, and our cost estimates are the same.
    The CBO staff contact for this estimate is Megan Carroll. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 2180:
    The bill is not a regulatory measure in the sense of 
imposing government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 2180.

                        EXECUTIVE COMMUNICATIONS

    On March 24, 2004, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
Agriculture and the Office of Management and Budget setting 
forth executive views on S. 2180. These reports had not been 
received at the time the report on S. 2180 was filed. When the 
reports become available, the Chairman will request that they 
be printed in the Congressional Record for the advice of the 
Senate. The testimony provided by the Department of Agriculture 
at the Subcommittee hearing follows:

Statement of David Tenny, Deputy Undersecretary, Natural Resources and 
                 Environment, Department of Agriculture

    Mr. Chairman, thank you for the opportunity to appear 
before you today in order to provide the Department's views on 
S. 2180 to direct the Secretary of Agriculture to exchange 
certain lands in the Arapaho and Roosevelt National Forests in 
the State of Colorado. I am accompanied today by, Marcus 
Phelps, Highlands Coordinator of the Forest Service 
Northeastern Area.
    The Department does not object to S. 2180 but would like to 
recommend some changes to the bill for the Committee's 
consideration.
    S. 2180 directs the Secretary of Agriculture to exchange to 
the city of Golden, Colorado all right, title and interest in 
9.84 acres of Federal land within the Arapaho National Forest, 
upon receipt of acceptable title to 135.9 acres of non-Federal 
land. The 135.9 acres consist of two separate parcels, 
including 80 acres near Evergreen, Colorado known as Cub Creek 
and 55.9 acres near Argentine Pass, Colorado known as Argentine 
Pass. The 55.9 acre Argentine Pass property is made of 15 
patented mining claims. The bill modifies the exterior boundary 
of the Arapaho National Forest to incorporate the Cub Creek 
parcel.
    The bill requires the exchange values to be equalized. If 
the non-Federal parcel market value exceeds the approved market 
value of the Federal land, the values may be equalized by 
reducing the size of the Cub Creek non-Federal parcel or with a 
cash equalization payment without regard to the cash 
equalization limitation of 43 U.S.C. 1716(b), as amended.
    If the Federal land market value exceeds the market value 
of the Cub Creek non-Federal parcel, the values shall be 
equalized by the Secretary preparing a statement of value for 
the Argentine Pass non-Federal parcel and utilizing as much of 
such contributory value as is necessary as a credit to equalize 
value. Argentine Pass lands not needed to balance the exchange 
values will be donated to the Forest Service. In the event the 
Secretary declines to accept the Argentine Pass lands for any 
reason, Golden shall make a cash equalization payment to the 
Secretary as necessary to equalize the values of the Federal 
land and the Cub Creek parcel. We recommend that any cash 
equalization funds received 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.
    S. 2180 indicates Congress's intent that the land exchange 
be consummated no later than 120 days after enactment and 
authorizes the city of Golden to construct a water pipeline on 
the 9.84 acres of Federal land immediately upon enactment and 
prior to the consummation of the exchange. We are concerned 
that we may not be able to complete environmental consultation 
and clearances required for the disposal of the federal 
property in 120 days. We request extending this timeframe to 
180 days. While we are appreciative of the inclusion of the 
timing and interim authorization clause as described in the 
bill, we do not support construction occurring prior to 
conveyance of this property to the city of Golden. At the very 
least, we would expect that the city would be required to 
operate under a special use permit as long as the property 
remains in Federal ownership. Our preference is to delay 
construction of the pipeline until the conveyance is completed.
    S. 2180 directs the city of Golden to pay for any necessary 
land surveys and appraisals. Further, the bill authorizes and 
directs the Secretary to sell the Federal land to Golden at its 
appraised value, if the land exchange cannot be consummated for 
any reason.
    Public interest could also be served by the Arapaho 
National Forest acquisition of the 135.9 acres of non-Federal 
land. Specifically, the acquisition would eliminate a forest 
in-holding, and could: reduce cost of forest boundary 
administration, increase recreation opportunities, and ensure 
permanent public access to a portion of the Continental Divide 
National Scenic Trail. The Department supports the concept of 
the exchange identified in S. 2180 and would like to work with 
the Committee to see this exchange proceed with mutual benefit.
    S. 2180 highlights how detailed legislation is often 
required to conduct land exchanges. The FY 2005 Budget includes 
a proposal to amend the Small Tracts Act, the Sisk Act, and the 
Townsite Act, which would provide the Secretary the authority 
to sell or exchange land, to promote more efficient real estate 
management of National Forest System lands and facilities. The 
Budget also includes a proposal for a Facilities Acquisition 
and Enhancement Fund that would enable the Secretary to sell 
facilities and appurtenant administrative land, excess to 
agency needs, and to use the proceeds for acquiring or 
developing land and improvements for administrative purposes. 
The Department will submit proposed legislation concerning 
these proposals in the upcoming weeks.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill S. 2180, as 
ordered reported.

                                  
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