Text: S.2180 — 108th Congress (2003-2004)All Information (Except Text)

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Public Law No: 108-346 (10/18/2004)

 
[108th Congress Public Law 346]
[From the U.S. Government Printing Office]


[DOCID: f:publ346.108]

[[Page 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 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 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 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.

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