Statements on Introduced Bills and Joint Resolutions - S. 2180
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. CAMPBELL:
S. 2180. A bill to direct the Secretary of Agriculture to exchange certain lands in the Arapaho and Roosevelt National Forests in the State of Colorado; to the Committee on Energy and Natural Resources.
Mr. CAMPBELL. 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 for a resumption of the drought which has plagued our State in the past several years. The bill I am proposing would direct that the U.S. Forest Service complete a land exchange with the city of Golden at the earliest possible date.
In the land exchange, the city would receive approximately 10 acres of National Forest land near Empire, CO. The city needs this land to complete construction of a 140-foot stretch of water pipeline connecting the West Fork of Clear Creek with a brand new water storage reservoir, known as the Guanella Reservoir, which the city completed in December. The Guanella Reservoir will increase the city's existing water storage capacity by approximately 40 percent, and better enable it to cope with future water shortages.
This legislation is critical, because while the Guanella Reservoir is now completed, as is the diversion dam, penstock, and all but 140 feet of the connecting pipeline, the reservoir remains dry. In short, the pipeline is completed up to the National Forest boundary, and authorization is needed from either the Forest Service or Congress to complete the small remaining stretch of pipeline that must cross National Forest land. Until that authorization is provided, the reservoir is sitting empty, and that is a situation we do not want to see continued into the dry summer months. Unfortunately, the Forest Service has indicated it would take quite some time, possibly several years, to authorize the pipeline, and we have agreed with them that this land exchange is the best approach to meet everyone's needs and time frames.
For this reason, I am introducing this important legislation, and have asked the Committee on Energy and Natural Resources to expedite it in every way possible.
Additionally, I would like to note that while providing the city of Golden the ability to finish a critical water storage project, my proposal is also a beneficial deal for the United States. In return for the 10 acres it will give up, the Forest Service will receive up to 80 acres of land near a popular trail and recreation area in Evergreen, CO, and will also receive 55 acres of land on and near the Continental Divide National Scenic Trail in Clear Creek and Summit Counties. The 55 acres are located along one of the most popular stretches of the Trail, and are one of the ways hikers and other users can access the popular Greys and Torreys Peaks, two of the most heavily-climbed 14,000 foot peaks in our State. Further, my bill provides that all land values will be determined in accordance with Forest Service appraisal procedures, so we will be insuring that the United States will receive full market value for its land. In addition, the City is making a donation of Continental Divide Trail lands above which are required. I believe this is truly a "win-win" situation for all concerned, and commend the City for making the additional donation to the Forest Service.
Finally, I would like to note that my proposal has been endorsed by the County Commissioners of all three counties that have lands involved in the trade, the non-profit Continental Divide Trail Alliance, the City of Blackhawk Public Works Department, the Georgetown Loop Scenic Railroad, and by numerous others.
Again, I would recommend this legislation for my colleagues' quick approval in order that the City of Golden can get on with its urgent needs to supply adequate additional water to its residents this summer.
I ask unanimous consent that the text of the bill be printed in the RECORD.
There being no objection, the bill was ordered to be printed in the RECORD, as follows:
S. 2180
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 l970 (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.
© 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. [Page S2443]
(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
© 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 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.