(This measure has not been amended since it was reported to the House on October 28, 2003. The summary of that version is repeated here.)
Arapaho and Roosevelt National Forests Land Exchange Act of 2003 - Directs the Secretary of Agriculture to exchange certain lands in the Arapaho and Roosevelt National Forests, Colorado, with the City of Golden, Colorado, subject to the City's right to use necessary surface and subsurface land to maintain the Vidler Tunnel. States that if such land exchange is not completed the Secretary is authorized and directed to sell such Federal land to the City.
Authorizes the City to construct a water pipeline on such Federal land upon enactment of this Act.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2766 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 2766
To direct the Secretary of Agriculture to exchange certain lands in the
Arapaho and Roosevelt National Forests in the State of Colorado.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 17, 2003
Mr. Beauprez (for himself, Mr. Udall of Colorado, and Mr. Tancredo)
introduced the following bill; which was referred to the Committee on
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 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.--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:
(1) 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.
(2) The surface estate of certain lands located near
Argentine Pass, in Clear Creek and Summit Counties, Colorado,
comprising approximately 60.909 acres in 15 patented mining
claims, as generally depicted on a map entitled ``Argentine
Pass/Continental Divide Trail Lands'', dated June 2003.
(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) 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
surface estates of the non-Federal lands identified in
subsection (a)(2) shall be considered as 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) 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)(1) 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), the values shall be equalized
by the Secretary preparing a statement of value for the non-
Federal lands identified in subsection (a)(2) and utilizing
such value to the extent necessary to equalize value. If the
Secretary declines to accept the non-Federal lands identified
in subsection (a)(2) for any reason, the City shall make a cash
equalization payment to the Secretary as necessary to equalize
the values of the Federal land and the non-Federal lands
identified in subsection (a)(1).
(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 hereby authorized
to construct a water pipeline on the existing course of the Lindstrom
ditch through the Federal land identified in subsection (b) without
further action by the Secretary, if such construction has not been
authorized by the Secretary. 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)(1) and an additional 40 acres as depicted
on a map entitled ``Arapahoe 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 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Referred to the Subcommittee on Forests and Forest Health.
Subcommittee Hearings Held.
Subcommittee on Forests and Forest Health Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Unanimous Consent.
Reported (Amended) by the Committee on Resources. H. Rept. 108-329.
Reported (Amended) by the Committee on Resources. H. Rept. 108-329.
Placed on the Union Calendar, Calendar No. 196.
Mr. Renzi moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H10305-10307)
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DEBATE - The House proceeded with forty minutes of debate on H.R. 2766.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H10305-10306)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H10305-10306)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.