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S. 2181 (is) To amend the Land and Water Conservation Fund Act to provide full [Introduced in Senate] ...


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108th CONGRESS
  2d Session
                                S. 2180

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 9, 2004

 Mr. Campbell introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
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 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)(B) 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 1970 (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 shall 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 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 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 1970 
(30 U.S.C. 1001 et seq.), the Federal lands are hereby withdrawn until 
the date of their conveyance to the City.
                                 <all>

Pages: 1

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