[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session] [From the U.S. Government Printing Office, www.gpo.gov] 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 1380]] 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 1381]] 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 1382]] 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): --------------------------------------------------------------------------- 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.