S. 2180Senate108th Congress (2003-2005)Enacted

Arapaho and Roosevelt National Forests Land Exchange Act of 2004

Introduced March 9, 2004

Legislative Activity

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19 earlier actions
Became Law Latest Action

Became Public Law No: 108-346.

October 18, 2004

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SenateIntro Referral

Introduced in Senate

March 9, 2004

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S2442)

March 9, 2004

SenateIntro Referral

Read twice and referred to the Committee on Energy and Natural Resources. (text of measure as introduced: CR S2442-2443)

March 9, 2004

SenateCommittee

Committee on Energy and Natural Resources Subcommittee on Public Lands and Forests. Hearings held. With printed Hearing: S.Hrg. 108-531.

March 24, 2004

SenateCommittee

Committee on Energy and Natural Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.

June 16, 2004

SenateCommittee

Committee on Energy and Natural Resources. Reported by Senator Domenici with an amendment in the nature of a substitute. With written report No. 108-285.

June 25, 2004

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 600.

June 25, 2004

SenateFloor

Passed Senate with an amendment by Unanimous Consent. (consideration: CR S9330-9331; text as passed Senate: CR S9330-9331)

September 15, 2004

HouseFloor

Received in the House.

September 17, 2004 • 10:04 AM

SenateFloor

Message on Senate action sent to the House.

September 17, 2004

HouseFloor

Held at the desk.

September 17, 2004 • 12:33 PM

HouseFloor

Mr. Radanovich moved to suspend the rules and pass the bill.

September 28, 2004 • 3:50 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H7678-7679)

September 28, 2004 • 3:50 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on S. 2180.

September 28, 2004 • 3:50 PM

SenateFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H7678-7679)

September 28, 2004 • 3:53 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H7678-7679)

September 28, 2004 • 3:53 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

September 28, 2004 • 3:53 PM

President

Presented to President.

October 7, 2004

Became Law

Signed by President.

October 18, 2004

Became Law

Became Public Law No: 108-346.

October 18, 2004

Floor Debate

14 members

What members said about S. 2180 on the floor

10 Republicans4 Democrats
John F. Kerry
Sen. John F. KerryD-MA · Mar 9, 2004

Mr. President, today I introduce legislation that keeps the Small Business Administration and its financing and counseling assistance available to small businesses. Small businesses need us to act…

Ben Nighthorse Campbell
Sen. Ben Nighthorse CampbellR-CO · Mar 9, 2004

Mr. President, I am pleased to introduce a bill today that would effect a small land exchange to help the city of Golden, CO in its efforts to augment its water supply, that it might better prepare…

Judd Gregg
Sen. Judd GreggR-NH · May 19, 2004

Mr. President, I ask unanimous consent that the Committee on Agriculture, Nutrition, and Forestry be authorized to meet during the session of the Senate on Wednesday, May 19, 2004. The purpose of…

George Allen
Sen. George AllenR-VA · Apr 28, 2004

Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on April 28, 2004, at 11 a.m., in closed session, to receive a…

John Warner
Sen. John WarnerR-VA · Jun 16, 2004

Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet on June 16, 2004, at 9:30 a.m. on The VOIP Regulatory Freedom Act. Mr.…

Show 8 more
Jon S. Corzine
Sen. Jon S. CorzineD-NJ · Mar 9, 2004

Mr. President, I rise today to introduce the Military Survivors' Fairness Act of 2004, legislation to eliminate a major inequity that has existed for several years among certain year-groups of…

Saxby Chambliss
Sen. Saxby ChamblissR-GA · Mar 9, 2004

Mr. President, I introduce the Temporary Agriculture Work Reform Act of 2004. American farmers are the most efficient farmers in the world. Technologies have allowed farmers to produce higher quality…

Jeff Bingaman
Sen. Jeff BingamanD-NM · Mar 9, 2004

Mr. President, Federal child nutrition programs have long played a critical role in promoting healthy diets for American children. First conceived over 50 years ago in response to concerns about the…

Michael B. Enzi
Sen. Michael B. EnziR-WY · Mar 24, 2004

Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet on Wednesday, March 24, 2004, at 9:30 a.m., on Port Security. Mr. President, I…

Ben Nighthorse Campbell
Sen. Ben Nighthorse CampbellR-CO · Mar 9, 2004

Mr. President, I am pleased to introduce a bill today that would effect a small land exchange to help the city of Golden, CO in its efforts to augment its water supply, that it might better prepare…

Bob Beauprez
Rep. Bob BeauprezR-CO-7 · Sep 28, 2004

Mr. Speaker, occasionally on this floor we get to do win/win proposals, and this is clearly one of them. This legislation is almost identical to legislation adopted by this Chamber earlier this…

Norm Coleman
Sen. Norm ColemanR-MN · Mar 11, 2004

Mr. President, I would like to announce for the information of the Senate and the public that the Permanent Subcommittee on Investigations of the Committee on Governmental affairs will hold a hearing…

Larry E. Craig
Sen. Larry E. CraigR-ID · Mar 11, 2004

Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Subcommittee on Public Lands and Forests of the Committee on…

Show 3 more
George Radanovich
Rep. George RadanovichR-CA-19 · Sep 28, 2004

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on H. Res. 752, H.R. 3954, H.R. 4066,…

George Radanovich
Rep. George RadanovichR-CA-19 · Sep 28, 2004

Mr. Speaker, I move to suspend the rules and pass the Senate bill (S. 2180) to direct the Secretary of Agriculture to exchange certain lands in the Arapaho and Roosevelt National Forests in the State…

Raúl M. Grijalva
Rep. Raúl M. GrijalvaD-AZ-7 · Sep 28, 2004

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, we have no objection to the consideration of this measure. Mr. Speaker, I yield back the balance of my time.

Bill Text

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Enrolled BillPublication date not provided
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2180 Enrolled Bill (ENR)]

S.2180

One Hundred Eighth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four

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 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.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.