[104th Congress Public Law 158]
[From the U.S. Government Printing Office]


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[DOCID: f:publ158.104]


[[Page 1405]]

                         COLORADO LAND EXCHANGE

[[Page 110 STAT. 1406]]

Public Law 104-158
104th Congress

                                 An Act


 
     To provide for the exchange of certain lands in Gilpin County, 
            Colorado. <<NOTE: July 9, 1996 -  [H.R. 2437]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds and declares that--
            (1) certain scattered parcels of Federal land located within 
        Gilpin County, Colorado, are currently administered by the 
        Secretary of the Interior as part of the Royal Gorge Resource 
        Area, Canon City District, United States Bureau of Land 
        Management;
            (2) these land parcels, which comprises approximately 133 
        separate tracts of land, and range in size from approximately 38 
        acres to much less than an acre have been identified as suitable 
        for disposal by the Bureau of Land Management through its 
        resource management planning process and are appropriate for 
        disposal; and
            (3) even though the Federal land parcels in Gilpin County, 
        Colorado, are scattered and small in size, they nevertheless by 
        virtue of their proximity to existing communities appear to have 
        a fair market value which may be used by the Federal Government 
        to exchange for lands which will better lend themselves to 
        Federal management and have higher values for future public 
        access, use and enjoyment, recreation, the protection and 
        enhancement of fish and wildlife and fish and wildlife habitat, 
        and the protection of riparian lands, wetlands, scenic beauty 
        and other public values.

    (b) Purpose.--It is the purpose of this Act to authorize, direct, 
facilitate and expedite the land exchange set forth herein in order to 
further the public interest by disposing of Federal lands with limited 
public utility and acquire in exchange therefor lands with important 
values for permanent public management and protection.

SEC. 2. LAND EXCHANGE.

    (a) <<NOTE: Lake Gulch, Inc.>>  In General.--The exchange directed 
by this Act shall be consummated if within 90 days after enactment of 
this Act, Lake Gulch, Inc., a Colorado Corporation (as defined in 
section 4 of this Act) offers to transfer to the United States pursuant 
to the provisions of this Act the offered lands or interests in land 
described herein.

    (b) Conveyance by Lake Gulch.--Subject to the provisions of section 
3 of this Act, Lake Gulch shall convey to the Secretary of the Interior 
all right, title, and interest in and to the following offered lands--

[[Page 110 STAT. 1407]]

            (1) <<NOTE: 16 USC 191 note.>>  certain lands comprising 
        approximately 40 acres with improvements thereon located in 
        Larimer County, Colorado, and lying within the boundaries of 
        Rocky Mountain National Park as generally depicted on a map 
        entitled ``Circle C Church Camp'', dated August 1994, which 
        shall upon their acquisition by the United States and without 
        further action by the Secretary of the Interior be incorporated 
        into Rocky Mountain National Park and thereafter be administered 
        in accordance with the laws, rules and regulations generally 
        applicable to the National Park System and Rocky Mountain 
        National Park;
            (2) certain lands located within and adjacent to the United 
        States Bureau of Land Management San Luis Resource Area in 
        Conejos County, Colorado, which comprise approximately 3,993 
        acres and are generally depicted on a map entitled ``Quinlan 
        Ranches Tract'', dated August 1994; and
            (3) certain lands located within the United States Bureau of 
        Land Management Royal Gorge Resource Area in Huerfano County, 
        Colorado, which comprise approximately 4,700 acres and are 
        generally depicted on a map entitled ``Bonham Ranch-Cucharas 
        Canyon'', dated June 1995: Provided, however, That it is the 
        intention of Congress that such lands may remain available for 
        the grazing of livestock as determined appropriate by the 
        Secretary in accordance with applicable laws, rules, and 
        regulations: Provided further, That if the Secretary determines 
        that certain of the lands acquired adjacent to Cucharas Canyon 
        hereunder are not needed for public purposes they may be sold in 
        accordance with the provisions of section 203 of the Federal 
        Land Policy and Management Act of 1976 and other applicable law.

    (c) Substitution of Lands.--If one or more of the precise offered 
land parcels identified above is unable to be conveyed to the United 
States due to appraisal or other problems, Lake Gulch and the Secretary 
may mutually agree to substitute therefor alternative offered lands 
acceptable to the Secretary.
    (d) Conveyance by the United States.--(1) Upon receipt of title to 
the lands identified in subsection (a) the Secretary shall 
simultaneously convey to Lake Gulch all right, title, and interest of 
the United States, subject to valid existing rights, in and to the 
following selected lands--
            (A) certain surveyed lands located in Gilpin County, 
        Colorado, Township 3 South, Range 72 West, Sixth Principal 
        Meridian, Section 18, Lots 118-220, which comprise approximately 
        195 acres and are intended to include all federally owned lands 
        in section 18, as generally depicted on a map entitled ``Lake 
        Gulch Selected Lands'', dated July 1994;
            (B) certain surveyed lands located in Gilpin County, 
        Colorado, Township 3 South, Range 72 West, Sixth Principal 
        Meridian, Section 17, Lots 37, 38, 39, 40, 52, 53, and 54, which 
        comprise approximately 96 acres, as generally depicted on a map 
        entitled ``Lake Gulch Selected Lands'', dated July 1994; and
            (C) certain unsurveyed lands located in Gilpin County, 
        Colorado, Township 3 South, Range 73 West, Sixth Principal 
        Meridian, Section 13, which comprise approximately 11 acres, and 
        are generally depicted as parcels 302-304, 306 and 308-326 on a 
        map entitled ``Lake Gulch Selected Lands'', dated July 1994: 
        Provided, however, That a parcel or parcels of land

[[Page 110 STAT. 1408]]

        in section 13 shall not be transferred to Lake Gulch if at the 
        time of the proposed transfer the parcel or parcels are under 
        formal application for transfer to a qualified unit of local 
        government. Due to the small and unsurveyed nature of such 
        parcels proposed for transfer to Lake Gulch in section 13, and 
        the high cost of surveying such small parcels, the Secretary is 
        authorized to transfer such section 13 lands to Lake Gulch 
        without survey based on such legal or other description as the 
        Secretary determines appropriate to carry out the basic intent 
        of the map cited in this subparagraph.

    (2) If the Secretary and Lake Gulch mutually agree, and the 
Secretary determines it is in the public interest, the Secretary may 
utilize the authority and direction of this Act to transfer to Lake 
Gulch lands in sections 17 and 13 that are in addition to those precise 
selected lands shown on the map cited herein, and which are not under 
formal application for transfer to a qualified unit of local government, 
upon transfer to the Secretary of additional offered lands acceptable to 
the Secretary or upon payment to the Secretary by Lake Gulch of cash 
equalization money amounting to the full appraised fair market value of 
any such additional lands. If any such additional lands are located in 
section 13 they may be transferred to Lake Gulch without survey based on 
such legal or other description as the Secretary determines appropriate 
as long as the Secretary determines that the boundaries of any adjacent 
lands not owned by Lake Gulch can be properly identified so as to avoid 
possible future boundary conflicts or disputes. If the Secretary 
determines surveys are necessary to convey any such additional lands to 
Lake Gulch, the costs of such surveys shall be paid by Lake Gulch but 
shall not be eligible for any adjustment in the value of such additional 
lands pursuant to section 206(f)(2) of the Federal Land Policy and 
Management Act of 1976 (as amended by the Federal Land Exchange 
Facilitation Act of 1988) (43 U.S.C. 1716(f)(2)).
    (3) <<NOTE: Notification.>>  Prior to transferring out of public 
ownership pursuant to this Act or other authority of law any lands which 
are contiguous to North Clear Creek southeast of the City of Black Hawk, 
Colorado in the County of Gilpin, Colorado, the Secretary shall notify 
and consult with the County and City and afford such units of local 
government an opportunity to acquire or reserve pursuant to the Federal 
Land Policy and Management Act of 1976 or other applicable law, such 
easements or rights-of-way parallel to North Clear Creek as may be 
necessary to serve public utility line or recreation path needs: 
Provided, however, That any survey or other costs associated with the 
acquisition or reservation of such easements or rights-of-way shall be 
paid for by the unit or units of local government concerned.

SEC. 3. TERMS AND CONDITIONS OF EXCHANGE.

    (a) Equalization of Values.--(1) The values of the lands to be 
exchanged pursuant to this Act shall be equal as determined by the 
Secretary of the Interior utilizing comparable sales of surface and 
subsurface property and nationally recognized appraisal standards, 
including, to the extent appropriate, the Uniform Standards for Federal 
Land Acquisition, the Uniform Standards of Professional Appraisal 
Practice, the provisions of section 206(d) of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1716(d)), and other applicable 
law.

[[Page 110 STAT. 1409]]

    (2) In the event any cash equalization or land sale moneys are 
received by the United States pursuant to this Act, any such moneys 
shall be retained by the Secretary
of the Interior and may be utilized by the Secretary until fully 
expended to purchase from willing sellers land or water rights, or a 
combination thereof, to augment wildlife habitat and protect and restore 
wetlands in the Bureau of Land Management's Blanca Wetlands, Alamosa 
County, Colorado.

    (3) Any water rights acquired by the United States pursuant to this 
section shall be obtained by the Secretary of the Interior in accordance 
with all applicable provisions of Colorado law, including the 
requirement to change the time, place, and type of use of said water 
rights through the appropriate State legal proceedings and to comply 
with any terms, conditions, or other provisions contained in an 
applicable decree of the Colorado Water Court. The use of any water 
rights acquired pursuant to this section shall be limited to water that 
can be used or exchanged for water that can be used on the Blanca 
Wetlands. Any requirement or proposal to utilize facilities of the San 
Luis Valley Project, Closed Basin Diversion, in order to effectuate the 
use of any such water rights shall be subject to prior approval of the 
Rio Grande Water Conservation District.
    (b) Restrictions on Selected Lands.--(1) Conveyance of the selected 
lands to Lake Gulch pursuant to this Act shall be contingent upon Lake 
Gulch executing an agreement with the United States prior to such 
conveyance, the terms of which are acceptable to the Secretary of the 
Interior, and which--
            (A) grant the United States a covenant that none of the 
        selected lands (which currently lie outside the legally approved 
        gaming area) shall ever be used for purposes of gaming should 
        the current legal gaming area ever be expanded by the State of 
        Colorado; and
            (B) permanently hold the United States harmless for 
        liability and indemnify the United States against all costs 
        arising from any activities, operations (including the storing, 
        handling, and dumping of hazardous materials or substances) or 
        other acts conducted by Lake Gulch or its employees, agents, 
        successors or assigns on the selected lands after their transfer 
        to Lake Gulch: Provided, however, That nothing in this Act shall 
        be construed as either diminishing or increasing any 
        responsibility or liability of the United States based on the 
        condition of the selected lands prior to or on the date of their 
        transfer to Lake Gulch.

    (2) Conveyance of the selected lands to Lake Gulch pursuant to this 
Act shall be subject to the existing easement for Gilpin County Road 6.
    (3) The above terms and restrictions of this subsection shall not be 
considered in determining, or result in any diminution in, the fair 
market value of the selected land for purposes of the appraisals of the 
selected land required pursuant to section 3 of this Act.
    (c) Revocation of Withdrawal.--The Public Water Reserve established 
by Executive order dated April 17, 1926 (Public Water Reserve 107), 
Serial Number Colorado 17321, is hereby revoked insofar as it affects 
the NW\1/4\ SW\1/4\ of Section 17, Township 3 South, Range 72 West, 
Sixth Principal Meridian, which covers a portion of the selected lands 
identified in this Act.

[[Page 110 STAT. 1410]]

SEC. 4. MISCELLANEOUS PROVISIONS.

    (a) Definitions.--As used in this Act:
            (1) The term ``Secretary'' means the Secretary of the 
        Interior.
            (2) The term ``Lake Gulch'' means Lake Gulch, Inc., a 
        Colorado corporation, or its successors, heirs or assigns.
            (3) The term ``offered land'' means lands to be conveyed to 
        the United States pursuant to this Act.
            (4) The term ``selected land'' means lands to be transferred 
        to Lake Gulch, Inc., or its successors, heirs or assigns 
        pursuant to this Act.
            (5) The term ``Blanca Wetlands'' means an area of land 
        comprising approximately 9,290 acres, as generally depicted on a 
        map entitled ``Blanca Wetlands'', dated August 1994, or such 
        land as the Secretary may add thereto by purchase from willing 
        sellers after the date of enactment of this Act utilizing funds 
        provided by this Act or such other moneys as Congress may 
        appropriate.

    (b) Time Requirement for Completing Transfer.--It is the intent of 
Congress that unless the Secretary and Lake Gulch mutually agree 
otherwise the exchange of lands authorized and directed by this Act 
shall be completed not later than 6 months after the date of enactment 
of this Act. In the event the exchange cannot be consummated within such 
6-month-time period, the Secretary, upon application by Lake Gulch, is 
directed to sell to Lake Gulch at appraised fair market value any or all 
of the parcels (comprising a total of approximately 11 acres) identified 
in section 2(d)(1)(C) of this Act as long as the parcel or parcels 
applied for are not under formal application for transfer to a qualified 
unit of local government.
    (c) Administration of Lands Acquired by United States.--In 
accordance with the provisions of section 206(c) of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1716(c)), all lands 
acquired by the United States pursuant to this Act shall upon acceptance 
of title by the United States and without further action by the 
Secretary concerned become part of and be managed as part of the 
administrative unit or area within which they are located.

    Approved July 9, 1996.

LEGISLATIVE HISTORY--H.R. 2437:
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HOUSE REPORTS: No. 104-305 (Comm. on Resources).
SENATE REPORTS: No. 104-196 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
                                                        Vol. 141 (1995):
                                    Nov. 7, considered and passed House.
                                                        Vol. 142 (1996):
                                    June 26, considered and passed 
                                        Senate.

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