Arapaho and Roosevelt National Forests Land Exchange Act of 2003

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2766 Referred in Senate (RFS)]

1st Session
H. R. 2766

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

November 5, 2003

Received; read twice and referred to the Committee on Energy and
Natural Resources

_______________________________________________________________________

AN ACT

To direct the Secretary of Agriculture to exchange certain lands in the
Arapaho and Roosevelt National Forests in the State of Colorado.

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

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 l965
(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 l970
(30 U.S.C. 1001 et seq.), the Federal lands are hereby withdrawn until
the date of their conveyance to the City.

Passed the House of Representatives November 4, 2003.

Attest:

JEFF TRANDAHL,

Clerk.