[104th Congress Public Law 158]
[From the U.S. Government Printing Office]
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[DOCID: f:publ158.104]
[[Page 1405]]
COLORADO LAND EXCHANGE
[[Page 110 STAT. 1406]]
Public Law 104-158
104th Congress
An Act
To provide for the exchange of certain lands in Gilpin County,
Colorado. <<NOTE: July 9, 1996 - [H.R. 2437]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds and declares that--
(1) certain scattered parcels of Federal land located within
Gilpin County, Colorado, are currently administered by the
Secretary of the Interior as part of the Royal Gorge Resource
Area, Canon City District, United States Bureau of Land
Management;
(2) these land parcels, which comprises approximately 133
separate tracts of land, and range in size from approximately 38
acres to much less than an acre have been identified as suitable
for disposal by the Bureau of Land Management through its
resource management planning process and are appropriate for
disposal; and
(3) even though the Federal land parcels in Gilpin County,
Colorado, are scattered and small in size, they nevertheless by
virtue of their proximity to existing communities appear to have
a fair market value which may be used by the Federal Government
to exchange for lands which will better lend themselves to
Federal management and have higher values for future public
access, use and enjoyment, recreation, the protection and
enhancement of fish and wildlife and fish and wildlife habitat,
and the protection of riparian lands, wetlands, scenic beauty
and other public values.
(b) Purpose.--It is the purpose of this Act to authorize, direct,
facilitate and expedite the land exchange set forth herein in order to
further the public interest by disposing of Federal lands with limited
public utility and acquire in exchange therefor lands with important
values for permanent public management and protection.
SEC. 2. LAND EXCHANGE.
(a) <<NOTE: Lake Gulch, Inc.>> In General.--The exchange directed
by this Act shall be consummated if within 90 days after enactment of
this Act, Lake Gulch, Inc., a Colorado Corporation (as defined in
section 4 of this Act) offers to transfer to the United States pursuant
to the provisions of this Act the offered lands or interests in land
described herein.
(b) Conveyance by Lake Gulch.--Subject to the provisions of section
3 of this Act, Lake Gulch shall convey to the Secretary of the Interior
all right, title, and interest in and to the following offered lands--
[[Page 110 STAT. 1407]]
(1) <<NOTE: 16 USC 191 note.>> certain lands comprising
approximately 40 acres with improvements thereon located in
Larimer County, Colorado, and lying within the boundaries of
Rocky Mountain National Park as generally depicted on a map
entitled ``Circle C Church Camp'', dated August 1994, which
shall upon their acquisition by the United States and without
further action by the Secretary of the Interior be incorporated
into Rocky Mountain National Park and thereafter be administered
in accordance with the laws, rules and regulations generally
applicable to the National Park System and Rocky Mountain
National Park;
(2) certain lands located within and adjacent to the United
States Bureau of Land Management San Luis Resource Area in
Conejos County, Colorado, which comprise approximately 3,993
acres and are generally depicted on a map entitled ``Quinlan
Ranches Tract'', dated August 1994; and
(3) certain lands located within the United States Bureau of
Land Management Royal Gorge Resource Area in Huerfano County,
Colorado, which comprise approximately 4,700 acres and are
generally depicted on a map entitled ``Bonham Ranch-Cucharas
Canyon'', dated June 1995: Provided, however, That it is the
intention of Congress that such lands may remain available for
the grazing of livestock as determined appropriate by the
Secretary in accordance with applicable laws, rules, and
regulations: Provided further, That if the Secretary determines
that certain of the lands acquired adjacent to Cucharas Canyon
hereunder are not needed for public purposes they may be sold in
accordance with the provisions of section 203 of the Federal
Land Policy and Management Act of 1976 and other applicable law.
(c) Substitution of Lands.--If one or more of the precise offered
land parcels identified above is unable to be conveyed to the United
States due to appraisal or other problems, Lake Gulch and the Secretary
may mutually agree to substitute therefor alternative offered lands
acceptable to the Secretary.
(d) Conveyance by the United States.--(1) Upon receipt of title to
the lands identified in subsection (a) the Secretary shall
simultaneously convey to Lake Gulch all right, title, and interest of
the United States, subject to valid existing rights, in and to the
following selected lands--
(A) certain surveyed lands located in Gilpin County,
Colorado, Township 3 South, Range 72 West, Sixth Principal
Meridian, Section 18, Lots 118-220, which comprise approximately
195 acres and are intended to include all federally owned lands
in section 18, as generally depicted on a map entitled ``Lake
Gulch Selected Lands'', dated July 1994;
(B) certain surveyed lands located in Gilpin County,
Colorado, Township 3 South, Range 72 West, Sixth Principal
Meridian, Section 17, Lots 37, 38, 39, 40, 52, 53, and 54, which
comprise approximately 96 acres, as generally depicted on a map
entitled ``Lake Gulch Selected Lands'', dated July 1994; and
(C) certain unsurveyed lands located in Gilpin County,
Colorado, Township 3 South, Range 73 West, Sixth Principal
Meridian, Section 13, which comprise approximately 11 acres, and
are generally depicted as parcels 302-304, 306 and 308-326 on a
map entitled ``Lake Gulch Selected Lands'', dated July 1994:
Provided, however, That a parcel or parcels of land
[[Page 110 STAT. 1408]]
in section 13 shall not be transferred to Lake Gulch if at the
time of the proposed transfer the parcel or parcels are under
formal application for transfer to a qualified unit of local
government. Due to the small and unsurveyed nature of such
parcels proposed for transfer to Lake Gulch in section 13, and
the high cost of surveying such small parcels, the Secretary is
authorized to transfer such section 13 lands to Lake Gulch
without survey based on such legal or other description as the
Secretary determines appropriate to carry out the basic intent
of the map cited in this subparagraph.
(2) If the Secretary and Lake Gulch mutually agree, and the
Secretary determines it is in the public interest, the Secretary may
utilize the authority and direction of this Act to transfer to Lake
Gulch lands in sections 17 and 13 that are in addition to those precise
selected lands shown on the map cited herein, and which are not under
formal application for transfer to a qualified unit of local government,
upon transfer to the Secretary of additional offered lands acceptable to
the Secretary or upon payment to the Secretary by Lake Gulch of cash
equalization money amounting to the full appraised fair market value of
any such additional lands. If any such additional lands are located in
section 13 they may be transferred to Lake Gulch without survey based on
such legal or other description as the Secretary determines appropriate
as long as the Secretary determines that the boundaries of any adjacent
lands not owned by Lake Gulch can be properly identified so as to avoid
possible future boundary conflicts or disputes. If the Secretary
determines surveys are necessary to convey any such additional lands to
Lake Gulch, the costs of such surveys shall be paid by Lake Gulch but
shall not be eligible for any adjustment in the value of such additional
lands pursuant to section 206(f)(2) of the Federal Land Policy and
Management Act of 1976 (as amended by the Federal Land Exchange
Facilitation Act of 1988) (43 U.S.C. 1716(f)(2)).
(3) <<NOTE: Notification.>> Prior to transferring out of public
ownership pursuant to this Act or other authority of law any lands which
are contiguous to North Clear Creek southeast of the City of Black Hawk,
Colorado in the County of Gilpin, Colorado, the Secretary shall notify
and consult with the County and City and afford such units of local
government an opportunity to acquire or reserve pursuant to the Federal
Land Policy and Management Act of 1976 or other applicable law, such
easements or rights-of-way parallel to North Clear Creek as may be
necessary to serve public utility line or recreation path needs:
Provided, however, That any survey or other costs associated with the
acquisition or reservation of such easements or rights-of-way shall be
paid for by the unit or units of local government concerned.
SEC. 3. TERMS AND CONDITIONS OF EXCHANGE.
(a) Equalization of Values.--(1) The values of the lands to be
exchanged pursuant to this Act shall be equal as determined by the
Secretary of the Interior utilizing comparable sales of surface and
subsurface property and nationally recognized appraisal standards,
including, to the extent appropriate, the Uniform Standards for Federal
Land Acquisition, the Uniform Standards of Professional Appraisal
Practice, the provisions of section 206(d) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1716(d)), and other applicable
law.
[[Page 110 STAT. 1409]]
(2) In the event any cash equalization or land sale moneys are
received by the United States pursuant to this Act, any such moneys
shall be retained by the Secretary
of the Interior and may be utilized by the Secretary until fully
expended to purchase from willing sellers land or water rights, or a
combination thereof, to augment wildlife habitat and protect and restore
wetlands in the Bureau of Land Management's Blanca Wetlands, Alamosa
County, Colorado.
(3) Any water rights acquired by the United States pursuant to this
section shall be obtained by the Secretary of the Interior in accordance
with all applicable provisions of Colorado law, including the
requirement to change the time, place, and type of use of said water
rights through the appropriate State legal proceedings and to comply
with any terms, conditions, or other provisions contained in an
applicable decree of the Colorado Water Court. The use of any water
rights acquired pursuant to this section shall be limited to water that
can be used or exchanged for water that can be used on the Blanca
Wetlands. Any requirement or proposal to utilize facilities of the San
Luis Valley Project, Closed Basin Diversion, in order to effectuate the
use of any such water rights shall be subject to prior approval of the
Rio Grande Water Conservation District.
(b) Restrictions on Selected Lands.--(1) Conveyance of the selected
lands to Lake Gulch pursuant to this Act shall be contingent upon Lake
Gulch executing an agreement with the United States prior to such
conveyance, the terms of which are acceptable to the Secretary of the
Interior, and which--
(A) grant the United States a covenant that none of the
selected lands (which currently lie outside the legally approved
gaming area) shall ever be used for purposes of gaming should
the current legal gaming area ever be expanded by the State of
Colorado; and
(B) permanently hold the United States harmless for
liability and indemnify the United States against all costs
arising from any activities, operations (including the storing,
handling, and dumping of hazardous materials or substances) or
other acts conducted by Lake Gulch or its employees, agents,
successors or assigns on the selected lands after their transfer
to Lake Gulch: Provided, however, That nothing in this Act shall
be construed as either diminishing or increasing any
responsibility or liability of the United States based on the
condition of the selected lands prior to or on the date of their
transfer to Lake Gulch.
(2) Conveyance of the selected lands to Lake Gulch pursuant to this
Act shall be subject to the existing easement for Gilpin County Road 6.
(3) The above terms and restrictions of this subsection shall not be
considered in determining, or result in any diminution in, the fair
market value of the selected land for purposes of the appraisals of the
selected land required pursuant to section 3 of this Act.
(c) Revocation of Withdrawal.--The Public Water Reserve established
by Executive order dated April 17, 1926 (Public Water Reserve 107),
Serial Number Colorado 17321, is hereby revoked insofar as it affects
the NW\1/4\ SW\1/4\ of Section 17, Township 3 South, Range 72 West,
Sixth Principal Meridian, which covers a portion of the selected lands
identified in this Act.
[[Page 110 STAT. 1410]]
SEC. 4. MISCELLANEOUS PROVISIONS.
(a) Definitions.--As used in this Act:
(1) The term ``Secretary'' means the Secretary of the
Interior.
(2) The term ``Lake Gulch'' means Lake Gulch, Inc., a
Colorado corporation, or its successors, heirs or assigns.
(3) The term ``offered land'' means lands to be conveyed to
the United States pursuant to this Act.
(4) The term ``selected land'' means lands to be transferred
to Lake Gulch, Inc., or its successors, heirs or assigns
pursuant to this Act.
(5) The term ``Blanca Wetlands'' means an area of land
comprising approximately 9,290 acres, as generally depicted on a
map entitled ``Blanca Wetlands'', dated August 1994, or such
land as the Secretary may add thereto by purchase from willing
sellers after the date of enactment of this Act utilizing funds
provided by this Act or such other moneys as Congress may
appropriate.
(b) Time Requirement for Completing Transfer.--It is the intent of
Congress that unless the Secretary and Lake Gulch mutually agree
otherwise the exchange of lands authorized and directed by this Act
shall be completed not later than 6 months after the date of enactment
of this Act. In the event the exchange cannot be consummated within such
6-month-time period, the Secretary, upon application by Lake Gulch, is
directed to sell to Lake Gulch at appraised fair market value any or all
of the parcels (comprising a total of approximately 11 acres) identified
in section 2(d)(1)(C) of this Act as long as the parcel or parcels
applied for are not under formal application for transfer to a qualified
unit of local government.
(c) Administration of Lands Acquired by United States.--In
accordance with the provisions of section 206(c) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1716(c)), all lands
acquired by the United States pursuant to this Act shall upon acceptance
of title by the United States and without further action by the
Secretary concerned become part of and be managed as part of the
administrative unit or area within which they are located.
Approved July 9, 1996.
LEGISLATIVE HISTORY--H.R. 2437:
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HOUSE REPORTS: No. 104-305 (Comm. on Resources).
SENATE REPORTS: No. 104-196 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 141 (1995):
Nov. 7, considered and passed House.
Vol. 142 (1996):
June 26, considered and passed
Senate.
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