[Senate Report 108-285]
[From the U.S. Government Publishing Office]
Calendar No. 600
108th Congress Report
SENATE
2d Session 108-285
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ARAPAHO AND ROOSEVELT NATIONAL FORESTS IN THE STATE OF COLORADO
_______
June 25, 2004.--Ordered to be printed
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2180]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2180) to direct the Secretary of
Agriculture to exchange certain lands in the Arapaho and
Roosevelt National Forests in the State of Colorado, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
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) 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.
(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).
(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 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) 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.
(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.
PURPOSE OF THE MEASURE
The purpose of S. 2180 is to direct an exchange of certain
National Forest System land for certain land owned by the city
of Golden in the State of Colorado.
BACKGROUND AND NEED
The city of Golden, needs certain National Forest lands for
the construction of a water pipeline to transport domestic
water supplies into storage for the city and its residents. The
land needed by the city, which consists of approximately 9.84
acres, are of limited public value because of their steep
terrain, irregular boundaries, and lack of easy public access.
The city has offered to exchange approximately 136 acres of
land owned by the city, or private lands it has the option to
purchase, for the 9.84 acre parcel of National Forest System
land. Acquisition of these lands by the Forest Service will
eliminate in holdings in the National Forest System, reduce the
cost of administering the forest boundary, and enhance
environmental and public recreational use benefits by
increasing federal land ownership along the Continental Divide
National Scenic Trail.
S. 2180 is needed to authorize the Forest Service to
execute the proposed exchange, which will assist the city of
Golden in providing additional water to its residents, and will
obtain valuable non-Federal lands for permanent public use and
enjoyment.
LEGISLATIVE HISTORY
S. 2180 was introduced by Senator Campbell on March 9,
2004. The Subcommittee on Forest and Public Lands held a
hearing on S. 2180 on March 24, 2004. The Committee on Energy
and Natural Resources, on June 16, 2004, by a unanimous vote of
a quorum present favorably reported S. 2180 with an amendment
in the nature of a substitute. A similar bill, H.R. 2766, was
introduced in the House of Representatives by Representatives
Beauprez, Tancredo, and Udall on July 17, 2003. The Committee
on Resources favorably reported H.R. 2766 with amendment on
October 28, 2003 (H. Rept. 108-329). The House of
Representatives passed H.R. 2766, as amended, by voice vote on
November 4, 2003.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in an
open business session on June 16, 2004, by a unanimous voice
vote of a quorum present, recommends that the Senate pass S.
2180, if amended as described herein.
COMMITTEE AMENDMENT
The committee adopted an amendment in the nature of a
substitute. The amendment extends the deadline for completion
of the exchange from 120 days to 180 days, and permits ,
subject to applicable law, the Forest Service 45 days to
provide the city of Golden with a special-use permit to
facilitate the construction of 140 feet of pipeline while the
exchange is being completed. Additionally, the amendment makes
a number of technical corrections, including correcting the
number of acres to be added to the Arapaho-Roosevelt National
Forest as a result of the expansion of the boundary of the
forest.
SECTION-BY-SECTION ANALYSIS
Section 1 provides the short title.
Section 2(a) describes the non-Federal lands (approximately
80 acres in the Cub Creek parcel and 55.909 acres in the
Argentine Pass/Continental Divide Trail area) to be exchanged.
Paragraph 2 provides for the withdrawal of the land and
reserves to the city of Golden the continuing right to use the
surface and subsurface of the Argentine Pass parcel to access
or use the transcontinental Vidler Tunnel to the same extent as
if the city had not conveyed the parcel.
Section 2(b) describes the Federal lands to be exchanged
(approximately 9.84 acres) and directs the Secretary of
Agriculture to convey the Federal lands upon receipt of
acceptable title to the non-Federal lands.
Section 2(c) directs the Secretary to use standard
appraisal practices to value the lands to be exchanged, except
that the Argentine Pass parcel is to be considered a donation
unless additional value is needed to equalize the value of the
Federal land. Paragraphs 2 and 3 direct a process using a cash
payment equalization, or reduction in acreage of the non-
Federal or Federal lands if the land values of the exchange are
not equal, and exempts the exchange from the cash payment
limitation in section 206(b) of the Federal Land Policy and
Management Act of 1976.
Section 2(d) requires the city of Golden to pay for the
costs of necessary land surveys and appraisals.
Section 2(e) establishes that Congress intends the exchange
to be completed within 180 days of enactment of the Act. It
requires, subject to applicable law, the Secretary to authorize
the city of Golden to begin construction of the pipe across the
federal land not later than 45 days after the date of
enactment.
Section 2(f) provides alternative sale authority if the
exchange is not completed for any reason and directs the
Secretary to sell the Federal lands at their appraised value,
with the proceeds deposited in the Sisk Act (Public Law 90-171;
16 U.S.C. 484a) fund.
Section 2(g) provides that the acquired non-Federal lands,
along with an additional 80-acre parcel, become part of the
Arapaho and Roosevelt National Forests and modifies the
Forests' boundaries accordingly. It also directs that these
additions be included in the January 1, 1965, boundary for
purposes of section 7 of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-9).
Section 2(h) authorizes the Secretary, with the agreement
of the city, to make technical corrections to maps of Federal
and non-Federal lands in the land exchange.
Section 2(i) revokes, to the extent necessary, all public
withdrawals of the federal lands to be exchanged or sold, and
withdraws the federal lands from mining entry between the date
of enactment and conveyance.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
S. 2180--Arapaho and Roosevelt National Forests Land Exchange Act of
2004
S. 2180 would direct the Department of Agriculture to
convey to the city of Golden, Colorado, about 10 acres of
federal land within the Arapaho National Forest in exchange for
up to 80 acres of city-owned property (known as the Cub Creek
parcel). CBO estimates that enacting H.R. 2180 could affect
direct spending, including offsetting receipts, but we estimate
that any net impact on the federal budget would be
insignificant.
Under the bill, any property acquired through the exchange,
plus an additional 40 acres of nearby private land, would
become part of the Arapaho and Roosevelt National Forests. The
bill also would authorize the department to sell the 10 acres
of federal property to the city--and spend the proceeds without
further appropriation to purchase other property--if the
exchange cannot be completed.
Based on information from the Forest Service, CBO estimates
that implementing S. 2180 would have no significant impact on
the federal budget. CBO expects that the 10 acres of federal
land (which we estimate to be worth less than $500,000) would
be conveyed to the city within fiscal year 2004 in exchange for
some or all of the Cub Creek land. We expect that the
conveyance of that land would not result in any loss of federal
receipts because the land does not generate any income from
timber sales, mining, or other commercial activities. Finally,
CBO expects that the 40 acres of private property to be added
to the national forests would be acquired by a future exchange
within the next five years at no significant cost to the
federal government.
S. 2180 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The land exchange authorized by this bill would benefit the
city of Golden, Colorado, and any expenditures made by the city
to satisfy the conditions of the exchange would be voluntary.
On October 22, 2003, CBO transmitted a cost estimate for
H.R. 2766, similar legislation, as ordered reported by the
House Committee on Resources on October 1, 2003. The two bills
are similar, and our cost estimates are the same.
The CBO staff contact for this estimate is Megan Carroll.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 2180:
The bill is not a regulatory measure in the sense of
imposing government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 2180.
EXECUTIVE COMMUNICATIONS
On March 24, 2004, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
Agriculture and the Office of Management and Budget setting
forth executive views on S. 2180. These reports had not been
received at the time the report on S. 2180 was filed. When the
reports become available, the Chairman will request that they
be printed in the Congressional Record for the advice of the
Senate. The testimony provided by the Department of Agriculture
at the Subcommittee hearing follows:
Statement of David Tenny, Deputy Undersecretary, Natural Resources and
Environment, Department of Agriculture
Mr. Chairman, thank you for the opportunity to appear
before you today in order to provide the Department's views on
S. 2180 to direct the Secretary of Agriculture to exchange
certain lands in the Arapaho and Roosevelt National Forests in
the State of Colorado. I am accompanied today by, Marcus
Phelps, Highlands Coordinator of the Forest Service
Northeastern Area.
The Department does not object to S. 2180 but would like to
recommend some changes to the bill for the Committee's
consideration.
S. 2180 directs the Secretary of Agriculture to exchange to
the city of Golden, Colorado all right, title and interest in
9.84 acres of Federal land within the Arapaho National Forest,
upon receipt of acceptable title to 135.9 acres of non-Federal
land. The 135.9 acres consist of two separate parcels,
including 80 acres near Evergreen, Colorado known as Cub Creek
and 55.9 acres near Argentine Pass, Colorado known as Argentine
Pass. The 55.9 acre Argentine Pass property is made of 15
patented mining claims. The bill modifies the exterior boundary
of the Arapaho National Forest to incorporate the Cub Creek
parcel.
The bill requires the exchange values to be equalized. If
the non-Federal parcel market value exceeds the approved market
value of the Federal land, the values may be equalized by
reducing the size of the Cub Creek non-Federal parcel or with a
cash equalization payment without regard to the cash
equalization limitation of 43 U.S.C. 1716(b), as amended.
If the Federal land market value exceeds the market value
of the Cub Creek non-Federal parcel, the values shall be
equalized by the Secretary preparing a statement of value for
the Argentine Pass non-Federal parcel and utilizing as much of
such contributory value as is necessary as a credit to equalize
value. Argentine Pass lands not needed to balance the exchange
values will be donated to the Forest Service. In the event the
Secretary declines to accept the Argentine Pass lands for any
reason, Golden shall make a cash equalization payment to the
Secretary as necessary to equalize the values of the Federal
land and the Cub Creek parcel. We recommend that any cash
equalization funds received 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.
S. 2180 indicates Congress's intent that the land exchange
be consummated no later than 120 days after enactment and
authorizes the city of Golden to construct a water pipeline on
the 9.84 acres of Federal land immediately upon enactment and
prior to the consummation of the exchange. We are concerned
that we may not be able to complete environmental consultation
and clearances required for the disposal of the federal
property in 120 days. We request extending this timeframe to
180 days. While we are appreciative of the inclusion of the
timing and interim authorization clause as described in the
bill, we do not support construction occurring prior to
conveyance of this property to the city of Golden. At the very
least, we would expect that the city would be required to
operate under a special use permit as long as the property
remains in Federal ownership. Our preference is to delay
construction of the pipeline until the conveyance is completed.
S. 2180 directs the city of Golden to pay for any necessary
land surveys and appraisals. Further, the bill authorizes and
directs the Secretary to sell the Federal land to Golden at its
appraised value, if the land exchange cannot be consummated for
any reason.
Public interest could also be served by the Arapaho
National Forest acquisition of the 135.9 acres of non-Federal
land. Specifically, the acquisition would eliminate a forest
in-holding, and could: reduce cost of forest boundary
administration, increase recreation opportunities, and ensure
permanent public access to a portion of the Continental Divide
National Scenic Trail. The Department supports the concept of
the exchange identified in S. 2180 and would like to work with
the Committee to see this exchange proceed with mutual benefit.
S. 2180 highlights how detailed legislation is often
required to conduct land exchanges. The FY 2005 Budget includes
a proposal to amend the Small Tracts Act, the Sisk Act, and the
Townsite Act, which would provide the Secretary the authority
to sell or exchange land, to promote more efficient real estate
management of National Forest System lands and facilities. The
Budget also includes a proposal for a Facilities Acquisition
and Enhancement Fund that would enable the Secretary to sell
facilities and appurtenant administrative land, excess to
agency needs, and to use the proceeds for acquiring or
developing land and improvements for administrative purposes.
The Department will submit proposed legislation concerning
these proposals in the upcoming weeks.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 2180, as
ordered reported.