[108th Congress Public Law 346]
[From the U.S. Government Printing Office]
[DOCID: f:publ346.108]
[[Page 118 STAT. 1379]]
Public Law 108-346
108th Congress
An Act
To direct the Secretary of Agriculture to exchange certain lands in the
Arapaho and Roosevelt National Forests in the State of
Colorado. <<NOTE: Oct. 18, 2004 - [S. 2180]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Arapaho and
Roosevelt National Forests Land Exchange Act of 2004.>>
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) <<NOTE: Deadline.>> 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.
[[Page 118 STAT. 1380]]
(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).
[[Page 118 STAT. 1381]]
(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 <<NOTE: Deadlines.>> 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) <<NOTE: Applicability.>> 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.
[[Page 118 STAT. 1382]]
(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.
Approved October 18, 2004.
LEGISLATIVE HISTORY--S. 2180 (H.R. 2766):
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HOUSE REPORTS: No. 108-329 accompanying H.R. 2766 (Comm. on Resources).
SENATE REPORTS: No. 108-285 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 150 (2004):
Sept. 15, considered and passed Senate.
Sept. 28, considered and passed House.
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