101st CONGRESS
2d Session
H. R. 4567
AN ACT
To authorize an exchange of lands in South Dakota and Colorado.
HR 4567 EH1S
101st CONGRESS
2d Session
H. R. 4567
AN ACT
To authorize an exchange of lands in South Dakota and Colorado.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

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(a) FINDINGS- The Congress finds and declares that--
(1) certain lands located within or adjacent to the Black Hills National
Forest in Lawrence and Meade Counties, South Dakota, are currently in
private ownership;
(2) these lands, which are owned by Homestake Mining Company of California
(hereinafter referred to as `Homestake'), are intermingled with National
Forest lands and comprise potential valuable additions to the Black Hills
National Forest to serve important public values and objectives, including
but not limited to--
(A) public access and opportunities for hunting, fishing and other outdoor
recreation;
(B) fish and wildlife habitat protection (including Blue Ribbon trout
habitat in Spearfish Creek);
(C) the preservation of scenic beauty;
(D) public access to, and the enhancement of the outstanding scenic,
natural and recreational values of Spearfish Canyon and other canyons
within the Black Hills;
(E) protection of the scenic backdrop to the Spearfish Canyon National
Forest Scenic Byway; and
(F) more efficient National Forest land management;
(3) such lands, if not acquired for addition to the Black Hills National
Forest, may be sold and developed for purposes which may be incompatible
with the above mentioned objectives;
(4) Homestake has offered to convey such lands, which total approximately
twelve thousand two hundred and seventy-four acres, to the United States
by sale or exchange so that they may be managed for National Forest and
land conservation purposes;
(5) Homestake has identified national forest lands in Summit County,
Colorado, that--
(A) Homestake or local government units would like to acquire;
(B) are intermingled with or adjacent to privately owned and developed lands;
(C) are currently developed, permitted for ski area or local government
purposes, or adjacent to developed or permitted areas or communities;
(D) are not necessary for retention in government ownership to serve the
public interest or objectives; and
(E) are therefore suitable for disposal through a land exchange; and
(6) given the relative environmental and other values of the lands proposed
for exchange in this Act, the land exchange set forth herein is clearly in
the public interest and represents the land acquisition strategy that best
meets dual public objectives of acquiring the Spearfish Canyon and other
South Dakota properties, while at the same time minimizing or eliminating
cash outlays by the United States to achieve such objectives.
(b) PURPOSE- It is the purpose of this Act to authorize, direct, and
expedite the consummation of the interstate land exchange and transfer set
forth herein in order to further the public interest by acquiring lands
in South Dakota with important values for permanent public management and
protection and to transfer certain lands to non-Federal ownership in Summit
County, Colorado.

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(a) IN GENERAL- If Homestake enters into an exchange agreement with the
Secretary of Agriculture, the Secretary shall exchange lands with Homestake
as set forth in this Act.
(b) CONVEYANCE BY HOMESTAKE- Except as otherwise provided in this subsection,
Homestake shall convey to the Secretary of Agriculture all right, title
and interest of Homestake in certain lands in Lawrence and Meade Counties,
South Dakota, that comprise approximately twelve thousand two hundred and
seventy-four acres. Such lands include approximately 1,250 acres of riparian
lands in Spearfish Canyon that encompass some 20 miles of stream frontage
on Spearfish Creek, and are generally depicted on maps entitled `Forest
Service-Homestake Land Exchange--South Dakota Lands to Forest Service',
numbered A-H, and dated February 1990. In making such conveyance Homestake
shall retain:
(1) All mineral rights in the above described lands owned, held or controlled
by Homestake as of the date of enactment of this Act, except that--
(A) any future exercise of such mineral rights shall be subject to the
provisions of 36 CFR 251-15 in effect on the date of enactment of this Act
pertaining to surface and other use of lands conveyed to the Secretary of
Agriculture where mineral rights are reserved; and
(B) that with respect to mineral rights retained in the approximately
1,250 acres of riparian lands within the watershed of Spearfish Canyon,
any exploration and development of such rights shall be limited to methods
and activities that do not disturb the surface of such lands. If such
rights are ever proposed for exploration and development, the Secretary
shall provide Homestake with such access or permits on, through, or under
National Forest lands including, but not limited to permits for drilling,
tunnels, air shafts, surface vents and other activities incidental to
exploration or underground mining operations adjacent to such riparian
lands as will reasonably permit exploration and development of the mineral
rights without surface disturbance of such riparian lands or impairment
of the values of Spearfish Canyon as set forth in this Act.
(2) All water rights within the watershed of Spearfish Creek and its
tributaries owned, held or controlled by Homestake as of the date of
enactment of this Act and shall exercise such rights in accordance with
applicable Federal, State, and local law and in accordance with any
subsequent cooperative agreements or undertakings entered into between
Homestake, the Secretary, and the State of South Dakota for the protection
and enhancement of the values of Spearfish Canyon as set forth in this Act.
(3) Cabin sites as indicated on the map numbered `A' referenced in this
subsection within the watershed of Spearfish Creek and its tributaries
that are intermingled with the lands to be conveyed to the Secretary
of Agriculture but that are owned and permitted by Homestake to private
parties and such sites will continue to remain in private ownership.
(c) CONVEYANCE BY UNITED STATES- Upon receipt of title to the lands
identified in subsection (a) the Secretary shall simultaneously convey to
Homestake all right, title, and interest of the United States, except for
mineral rights, subject to valid existing rights and existing National
Forest improvements, in and to the following:
(1) Approximately eight hundred and sixty-eight acres of lands located in
Summit County, Colorado, as generally depicted on maps entitled `Forest
Service-Homestake Land Exchange--Lands to Homestake', numbered 1-3
and dated May 1990, and numbered 4-6 and dated March 1990, except that
the lands identified on Map number 5 and generally known as the South
Frisco Bay parcel shall not be patented to Homestake unless and until
the Town of Frisco and Summit County, Colorado, jointly agree to a land
use plan for such parcel that emphasizes the use of such parcel for open
space and recreation. If the South Frisco Bay parcel is not patented to
Homestake within eighteen months after the date of enactment of this Act,
the Secretary shall in lieu thereof either pay Homestake cash equalization
moneys without regard to the 25 percent limitation contained in subsection
3(a) of this Act or offer Homestake monetary credits pursuant to that
subsection, as the Secretary may find preferable.
(2) Not to exceed forty acres of lands located in Lawrence County, South
Dakota, which currently comprise National Forest cabin permit sites,
as generally depicted on  a map entitled `Forest ServiceHomestake Land
Exchange-Spearfish Cabin Sites to Homestake', dated February 1990, that
shall be sold to the current cabin permittees by Homestake at the value of
such lands as determined by an appraisal done pursuant to section 3(b) plus
any surveying, platting or other administrative costs incurred by Homestake
to prepare and sell such lands, upon application by the permittees  or
their successors in interest. The transfer of any particular cabin site
to Homestake pursuant to this subparagraph shall be contingent on the
permittee's request of such a transfer. If such a request is not made,
the site shall continue to be permitted by the Secretary in accordance
with existing rules, regulations, and procedures.
(3) Mineral rights in the lands identified in this subsection shall
not be conveyed to Homestake and, subject to valid existing rights,
shall be withdrawn from further appropriation under the mining laws and
from disposition under all laws pertaining to mineral leasing and all
amendments thereto.
(d) RESERVATIONS- Patents issued by the Secretary of the Interior for the
lands conveyed pursuant to section 2(c)(1) shall reserve to the public, for
administration by the Secretary of Agriculture or by such State or local
units or agencies of government, or by private nonprofit organizations,
as the Secretary of Agriculture in consultation with local planning
authorities determines appropriate and qualified to fulfill the purposes
of the reservation--
(1) the right of access for fishing use along all streambeds (up to the
ordinary high water mark) on streams which flow through the lands conveyed;
(2) a right-of-way for the Colorado Trail along its existing routes through
the lands identified on Map 3 of the lands referred to in subsection
(c) or along relocated routes as may be identified by the Secretary of
Agriculture in consultation with local planning authorities;
(3) a right-of-way for relocation of the existing bicycle path through
the lands identified on Map 2 of the lands referred to in subsection (c)
to a new route as may be identified by the Secretary of Agriculture in
consultation with local planning authorities.

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(a) EQUALIZATION OF VALUES- The values of the lands to be exchanged pursuant
to this Act shall be equal as determined by the Secretary of Agriculture,
or if they are not equal, shall be equalized by the payment of money to
Homestake or to the Secretary subject to the 25 per centum cash equalization
limitation of section 206 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1716). The Secretary shall try to reduce the amount of
cash equalization to as small an amount as possible. In lieu of any cash
equalization payments which may be due Homestake pursuant to this Act,
the Secretary may elect to offer Homestake monetary credits, which shall be
considered `moneys received' within the meaning of the Act of May 23, 1908,
against any moneys owed the Secretary by Homestake or its agents for timber
sales within the Black Hills National Forest. Any cash equalization moneys
received by the United States pursuant to this Act shall be considered
money received and deposited pursuant to the Act of December 4, 1967, as
amended (Public Law 90-171, 16 U.S.C. 484a), commonly known as the Sisk
Act. The value of the surface development rights relinquished by Homestake
on the 1,250 acres within Spearfish Canyon pursuant to section 2(b)(1)(B)
shall be considered for all purposes of law a donation by Homestake to
the United States and shall not be required to be appraised for purposes
of value equalization or other provisions of this Act.
(b) APPRAISALS- In order to expedite the consummation of the exchange
directed by this Act, Homestake shall arrange and pay for appraisals by a
qualified appraiser or appraisers mutually acceptable to Homestake and the
Secretary of all lands and interests therein to be included in the exchange
for which appraisals are required for purposes of this Act. Such appraisals
shall be completed and submitted to the Secretary for approval within
sixty days after the enactment of this Act. In the event the Secretary and
Homestake are unable to agree to the appraised value of a certain tract or
tracts of land to be included in the exchange within one hundred and twenty
days after the date of enactment of this Act, the appraisal, appraisals,
or appraisal issues in dispute shall be resolved through a process of
bargaining or submitted for arbitration according to section 3 of the
Federal Land Exchange Facilitation Act of 1988 (Public Law 100-409, 43
U.S.C. 1716(d)). Appraisals of lands in Colorado identified in section 2(c)
of this Act for conveyance to Homestake shall not reflect any diminution in
value attributable to any conversion of existing ski area permits into ski
area permits pursuant to the National Forest Ski Area Permit Act of 1986
(Public Law 99-522).
(c) EXCHANGE AGREEMENTS- The Secretary shall attempt, within 60 days after
the completion of appraisals under this section, to enter into an exchange
agreement with Homestake to consummate the exchange of the specific tracts
of lands identified in section 2 of this Act. Unless otherwise specified
in the exchange agreement, the tracts shall be exchanged at the earliest
possible date after the exchange agreement is signed. It is the intent
of Congress that the exchange be completed no later than two hundred and
seventy days after the date of enactment of this Act.
(d) ADDITION TO BLACK HILLS NATIONAL FOREST- Lands acquired by the United
States within or adjacent to the exterior boundaries of the Black Hills
National Forest shall be added to and administered as part of the Black
Hills National Forest. The Secretary of Agriculture is hereby authorized to
modify such boundaries to incorporate such lands upon their acquisition by
the United States. Upon their inclusion in the National Forest System such
lands shall be managed in accordance with the laws, rules and regulations
generally applicable to the National Forest System, unless otherwise
specifically provided by this Act.
(e) DEFINITION- As used in this Act, the term `Homestake' shall mean the
Homestake Mining Company of California or its successors or assigns.

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(a) IN GENERAL- Upon payment by Summit County to the Secretary of the
sum of $25,000 and execution of an agreement between the County and the
United States as specified in paragraph (4), the Secretary of Agriculture
shall convey to Summit County, Colorado, all right, title and interest of
the United States in approximately four hundred and seventy-seven acres
of land as generally depicted on a map numbered 7 and entitled `Summit
County Landfill', dated July 1990. Such conveyance shall be subject to
the following conditions:
(1) The lands conveyed shall continue to be used for solid waste disposal,
expansion of the Summit County landfill, or other authorized purposes of
Summit County government.
(2) In the event Summit County ever sells, exchanges or otherwise disposes
of all or a portion of the lands acquired pursuant to this section, all
proceeds of such sale, exchange, or disposal shall accure to the United
States, or the Secretary of Agriculture may elect to reacquire, without
compensation to Summit County, any or all portions of such lands that
have not been used for solid waste disposal, as the Secretary determines
appropriate prior to their sale, exchange, or disposal by the County.
(3) The patent issued by the Secretary of the Interior pursuant to this
section shall not contain a reverter provision and under no circumstances
shall lands used for solid waste diposal be eligible for reversion to the
United States by operation of law after the issuance of such patent.
(4) A conveyance pursuant to this section shall be contingent upon the County
executing an agreement with the United States prior to such conveyance,
the terms of which are acceptable to the Secretary of Agriculture, and that
permenently holds the United States harmless for liability and indemnified
the United States against all costs arising from the United States ownership
or any and all activities, operations (including the storing, handling, and
dumping of hazardous materials or substances), or other acts conducted by
Summit County or its licensees, employees, agents, successors or assigns on
the four hundred and seventy-seven acres transferred pursuant to this Act,
whether such activities, operations, or other acts occurred prior to, on, or
after the date of enactment of this Act. Such agreement shall be incorporated
in the patent issued by the Secretary of the Interior for the land conveyed.
(b) INCORPORATION OF CONDITIONS- The Secretary of the Interior shall
incorporate the conditions specified in subsection (a) of this section in
any patent conveying lands to Summit County pursuant to this section.
Passed the House of Representatives September 27, 1990.
Attest:
Clerk.

9d48d35548d00abd36f8534a7bac32f68322d4613fbc7acedd1c76a26773c43b

To authorize an exchange of lands in South Dakota and Colorado.

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