Page:United States Statutes at Large Volume 108 Part 1.djvu/702

 108 STAT. 676 PUBLIC LAW 103-253—MAY 19, 1994 priation, used for management of the public lands pursuant to the Federal Land Policy and Management Act of 1976. SEC. 5. LAND TRANSFER TO CLEAR CREEK COUNTY, COLORADO. (a) IN GENERAL.— Subject to subsection (b), section 6, and valid existing rights, the Secretary shall transfer, without consideration, all right, title, and interest, both surface and subsurface, of the United States in and to the approximately 7,400 acres of public lands described as "Parts III Lands" on the map referred to in section 2, along with any public lands on that map within the corporate boundaries of the towns of Greorgetown or Silver Plume, Colorado as of January 1, 1993 to Clear Creek County, Colorado (hereinafter in this section referred to as the "County"). (b) TERMS AND CONDITIONS. — The lands referred to in subsection (a) may not be transferred to the County until— (1) it is shown to the satisfaction of the Secretary that the county has adopted comprehensive land use plans and zoning regulations applicable to the area in which the lands are located; (2) the Secretary finds that such plans and regulations are consistent with proper management of any adjacent lands owned by the United States; and (3)(A) the Secretary and the County have reached an agreement— (i) concerning the steps, including but not limited to the use of appraisals (and the methodology thereof) and the use of competitive bids or other sales methods, that the County will take to ensure that so far as possible any sales of the lands by the County will be for fair market value; and (ii) under which the County will provide the Secretary with an annual accounting of all receipts and expenditures with regard to such lands after their transfer to the County, and that on the date that is 10 years after the date of enactment of this Act, or at such earlier date as the County may elect, the County will pay to the United States an amount the Secretary determines to be equal to the County's total net receipts from the sale of some or all of such lands; and, in addition, (B) the Secretary has also agreed that in determining the amounts to be paid by the County pursuant to this paragraph, the Secretary will allow the County to deduct from the gross receipts from the sale of the lands all ordinary and necessary costs incurred by the County, including— (i) expenses for necessary surveying, mapping, and other site characterization, and appraisals; (ii) historical preservation and environmental protection; and (iii) reasonable overhead, including staffing and administrative costs. (c) UNSOLD LANDS.— (1) The County may transfer some or all of the lands referred to in subsection (a) to an entity that would be a qualified grantee under section 2(a) or 2(c) of the Recreation and Public Purposes Act (43 U.S.C. 869 -1 (a), (c)). Any lands so transferred shall be held by the recipient thereof under the same terms and conditions as if transferred by the United

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