The GAME Act: Proposed BLM Land Exchange
Expanded Public Access. High-Value Wildlife Habitat. Protected Open Space. Better-Connected Public Lands.
OUT OF BOUNDS RANCH | PUBLICATION
Last Updated: November 7, 2026
The GAME Act remains a proposed federal land exchange and has not yet been introduced in Congress. Out of Bounds Ranch is a proponent of the exchange and publishes this page to provide details of the proposal, its supporting documentation, and relevant federal and county public records.
To be clear, CPW, BLM, Senator Hickenlooper, Senator Bennet, and Congressman Hurd have neither expressed endorsement, nor opposition, to this proposal. This bill remains in draft form and we are working with these agencies, our elected representatives and the American people to craft a genuine benefit for the public and for the ranch. Your constructive comments are welcomed and will be considered. Please email your thoughts and comments at the link below.
GAME Act Land Exchange: A Proposal Designed to Deliver Lasting Public Benefits
2,091 ACRES WOULD BECOME FEDERAL PUBLIC LAND
IMPROVE CONNECTIVITY TO 63,000 ACRES OF PUBLIC LAND
HIGH-VALUE BIG-GAME HABITAT FOR ELK, DEER, TURKEY AND OTHER WILDLIFE
The Greater Access for Multiple-Use Experiences (GAME) Act is a proposed federal land exchange built around a simple idea: put high-value private lands where they can provide greater public benefit into public ownership, while consolidating fragmented federal lands into a more manageable rural working landscape.
Under the proposal, approximately 2,091 acres of private land at Cow Creek Ranch and Timber Valley Ranch would become federal public land managed by the Bureau of Land Management.
In exchange, approximately 2,179 acres of BLM-administered land would become private. Of those lands, approximately 2,139 acres located within and adjacent to Out of Bounds Ranch would become part of the ranch and be subject to a perpetual deed restriction protecting their rural and open character from residential subdivision and development. The remaining approximately 40 acres are an isolated BLM parcel in Eagle County surrounded by private land.
The result would provide a conservation benefit on both sides of the exchange: high-value wildlife habitat would become public land at Cow Creek and Timber Valley, while the lands incorporated into Out of Bounds Ranch would remain part of an open, rural working landscape permanently protected against residential fragmentation and development.
Map of Exchange Parcels
Source: Bureau of Land Management (BLM): Map illustrating the proposed GAME Act land exchange, including enlarged views of the western and eastern exchange parcels.
What the Public Would Receive
Cow Creek Ranch and Timber Valley Ranch would become federal public lands. Their location within the surrounding BLM landscape is a meaningful public benefit, helping to improve practical public access to approximately 8,900 acres of existing northern BLM land and improve connectivity with an additional approximately 52,000 acres of existing BLM land to the south.
The location of Cow Creek and Timber Valley is an important part of the proposal. As the map illustrates, the private lands proposed for transfer to BLM are positioned among existing federal public lands. Bringing them into federal ownership would help to connect and consolidate those BLM holdings and improve practical access to portions of existing public land where surrounding private ownership currently constrains access.
Colorado Parks and Wildlife identified the Cow Creek and Timber Valley properties as containing some of the highest-value big-game hunting habitat and outdoor recreation potential in the state. CPW has also pointed out that very popular big game hunting and public land access has decreased in this area in recent history. These statements should not be confused with a formal CPW endorsement of the GAME Act.
Garfield County also states that the exchange would provide additional public access to approximately 8,900 acres of existing BLM land northwest of Rifle. The County identifies hunting and other recreation opportunities associated with the lands, including hiking, fishing, mountain biking, ATV and off-road use, snowmobiling and other activities where allowed under federal management.
If the exchange is completed, the approximately 2,091 acres conveyed to the United States would be managed under the laws, rules and regulations applicable to BLM public lands.
Proposed GAME Act Land Exchange - Cow Creek and Timber Valley Properties (outlined in red).
Map illustrating the relationship between Cow Creek and Timber Valley properties proposed for transfer into federal ownership and surrounding BLM-administered public lands (yellow). The pink outline identifies approximately 8,900 acres of existing BLM land with limited access to the 52,000 acres of BLM lands to the south. The proposed GAME Act land exchange would improve practical public access to the lands through the acquisition of strategically located private property. Existing road and trail corridors shown crossing the private properties illustrate their potential importance for improved practical public access under the proposed GAME Act land exchange.
Cow Creek & Timber Valley are shown in red; existing BLM public lands are shown in yellow. The animation illustrates how the lands proposed to become public sit among and connect existing public holdings. Illustrative Google Earth imagery - not a legal survey.
Timber Valley/Cow Creek Land Survey Plat
Cow Creek South land survey plat showing surveyed property boundaries and legal land descriptions near Rifle, Garfield County, Colorado. This survey is provided as a reference document relating to the properties involved in the proposed GAME Act BLM land exchange.
Timber Valley/Cow Creek Video
What Out of Bounds Ranch Would Receive
Approximately 2,139 acres of BLM-administered land within and adjacent to Out of Bounds Ranch would become private land incorporated into the ranch.
These lands are already closely integrated with the surrounding working-ranch landscape. They are part of a remote, rural Western Colorado landscape characterized by ranching, grazing, wildlife habitat, open space, rugged terrain, ~90% of which is surrounded by property.
Consolidating this fragmented ownership pattern would allow grazing, fencing, water systems, weed control, forest health, wildlife-habitat work and wildfire mitigation to be planned and managed across a more coherent landscape.
The ranch's working relationship with the surrounding federal range also predates this proposal. Recorded Garfield County documents show predecessor ranch property associated with federal grazing rights and privileges by at least 1966. Later federal records identify the Gould Allotment, and current ranch records continue to associate that allotment with OBR. OBR does not claim that this proves continuous use of the exact exchange parcels before 1966.
Google Earth map illustrating the proposed GAME Act BLM parcel near Consolidated Reservoir and its proximity to Out of Bounds Ranch in Garfield County, Colorado that shows surrounding private lands, limited existing access. Note that this is for illustration purposes only. Out of Bounds Ranch is working with stakeholders to resolve the proposed boundary south of County Road 115. Fresher maps are below reflecting ongoing communications regarding this area. The final boarders will be determined during the survey process. After receiving input from stakeholders; and in efforts to comply with the County’s policy; Out of Bounds Ranch has proposed to potentially omit as much land south of County Road 115 as possible.
Out of Bounds Ranch is shown in red, and the BLM lands proposed for exchange near Consolidated Reservoir are shown in yellow.
This Google Earth animation illustrates the Consolidated BLM parcel in relation to Our of Bounds Ranch.
The highlighted BLM parcel is estimated to be approximately 90% surrounded by private property. It connects to White River National Forest along a portion of its northern boundary and to existing BLM public lands near Fischer Creek and south of County Road 115 to the south end of the parcel.
Existing public access is limited to pedestrian and horseback travel. The parcel has no public trailheads, established public trails, public parking facilities, or public motorized access. The Bureau of Land Management has classified the Consolidated Reservoir area as having significantly restricted public access.
Illustrative Google Earth imagery — not a legal survey.
BLM’s Own Access Record of Consolidated Reservoir Area: “Significantly Restricted” “Insufficient to support BLM planned recreational purposes”
Public ownership and practical public access are not always the same thing.
That distinction is particularly relevant to the BLM lands near Out of Bounds Ranch proposed for exchange under the GAME Act.
Long before the current debate over this proposal, the Bureau of Land Management evaluated public-access conditions in this area as part of its implementation of the John D. Dingell, Jr. Conservation, Management, and Recreation Act.
In BLM’s 2020 Dingell Act Priority Access List, the agency specifically identified the Consolidated Reservoir area within the Colorado River Valley Field Office. BLM classified: 0 acres as legally inaccessible, 2,017 acres as significantly restricted. The 2,017-acre Consolidated Reservoir area represents the vast majority of the BLM land near Out of Bounds Ranch proposed for exchange.
BLM’s own implementation guidance defines “Significantly Restricted Legal Public Access” as a situation where “legal public access exists to area but is insufficient to support BLM planned recreational purposes.”
BLM further explains that significantly restricted access can include circumstances where legal access reaches only one portion of a large public-land area, where terrain creates substantial physical barriers for recreationists, or where the limited roads serving public lands cross private property without permanent legal public access.
What the federal record does establish is straightforward:
BLM formally classified 2,017 acres in the Consolidated Reservoir area as having “significantly restricted” public access in 2020, 2022, and 2024.
That determination was not temporary. This federal record provides important context for understanding the existing BLM lands involved in the proposed exchange. The lands are public, and they have public value. But the existence of public ownership should not be confused with unrestricted or readily usable public access.
BLM’s own records recognize that distinction.
Permanently Protected Open Space Increased Conservation
Becoming private land would not mean becoming unrestricted or opening the lands to residential development.
Out of Bounds Ranch has committed to a perpetual deed restriction designed to preserve the lands’ existing rural and open character and prevent residential fragmentation and development that could fundamentally change this landscape.
The restriction would preserve the lands as part of an open working landscape while allowing ranching and agriculture, wildlife and conservation work, forest management, wildfire mitigation, water-related operations and improvements reasonably necessary to operate and care for the ranch.
That creates an important conservation benefit: approximately 2,139 acres would be consolidated into a more coherent working landscape while being permanently protected against residential subdivision and development.
Based upon thoughtful comments from local stakeholders, Out of Bounds Ranch is now also in discussions regarding a permanent conservation easement instead of a deed restriction.
The objective is straightforward: preserve open space, prevent residential fragmentation and development, keep the landscape rural, and ensure it remains actively managed for generations.
What About the Connection to White River National Forest?
At its northern end, the BLM acreage proposed for exchange physically connects to White River National Forest. That public-land ownership connection is real and should be described accurately.
However, it is not an established public-access route to the National Forest. There is no public trailhead on the BLM exchange property, no established public trail connecting through the property to White River National Forest, and no public motorized access along the existing ranch/BLM road.
Reaching the National Forest through this particular connection requires a long, rough overland trip on foot or horseback. Separate public access to White River National Forest remains available nearby from the Red Canyon Road area.
While the draft would technically end this particular continuous public-land ownership connection, it would not eliminate public access to White River National Forest.
Additionally, based upon thoughtful comments and input from local stakeholders, Out of Bounds Ranch is now in discussions regarding an access easement to preserve connectivity.
Water, Consolidated Reservoir and the Exchange
Consolidated Reservoir is located on BLM-administered surface land, but the reservoir facility is 100% private. Its private water interests predate the GAME Act.
Out of Bounds Ranch already owns a 30% interest in Consolidated Reservoir, established long before the proposed GAME Act. Other private shareholders of the Consolidated Reservoir own the remaining interests. When water is available, it is used for agricultural purposes, including crops and ranch operations. The reservoir is currently empty.
The proposed exchange does not create or transfer any new water rights to Out of Bounds Ranch. Existing water rights and ownership interests would remain unchanged, and the other owners would retain their separate reservoir and water interests.
Oil, Gas and Mineral Interests
There are no known mineral interests associated with Cow Creek Ranch or Timber Valley Ranch being conveyed to the United States. There are also no known mineral interests under the BLM property next to Out of Bounds Ranch. This exchange has nothing to do with oil and gas development or mineral interests. Based upon the thoughtful feedback and input from stakeholders, the draft GAME Act is in the process of being updated to make it clear that mineral interests in Cow Creek and Timber Valley Ranch and on the BLM property near Out of Bounds Ranch will not be developed, or transferred for that matter, as a result of this land exchange.
Protecting Taxpayers: Independent Appraisal and Equal Value
A federal land exchange should not depend on guesswork about value. The GAME Act requires an independent federal appraisal process.
The lands and property interests involved would be appraised by qualified independent appraisers under applicable federal appraisal standards.
If the federal lands are worth more than the private lands, Out of Bounds Ranch must make a cash equalization payment to the United States.
Based on the thoughtful comments from stakeholders, Out of Bounds Ranch is in the process of updating the draft Game Act to ensure those revenues stay in Colorado to be used for conservation, restoration, wildlife, or access purposes. If the private lands are worth more, the current draft does not require the United States to pay Out of Bounds Ranch the difference.
Out of Bounds Ranch would also pay the administrative costs associated with the exchange.
Independent appraisal. Equal value. Taxpayer protection.
No final federal appraisal has yet determined the values of the properties. That is exactly why an independent appraisal is required.
Garfield County’s Adopted Policies Support the Game Act
Garfield County did more than simply vote to support the GAME Act.
The Board specifically found that the proposal is consistent with the County’s adopted Federal Lands Natural Resources Coordination Plan and Policies.
In its resolution, the County identified five principal benefits:
Increased access to premium big-game hunting
Consolidation of checkerboard federal lands for better management
Improve Practical Public access to BLM land
Expanded year-round outdoor recreation opportunities
A balanced, fair-value exchange
All Three Garfield County Commissioners Supported the GAME Act
At the initial public consideration on July 6, 2026, Commissioners Tom Jankovsky, Perry Will and Mike Samson were all present and voted to support the exchange.
The Board later formally approved its resolution of support 2-0 on July 21, 2026, with Commissioner Samson excused from that meeting.
Commissioner Perry Will summarized the broader conclusion:
“The greater public good for the citizens of Garfield County is for this exchange.”
Why Congress?
Federal land exchanges may be completed administratively under existing agency authority or authorized directly by Congress. Both are established public-land-management tools.
Administrative exchanges can be complicated and time-consuming transactions requiring substantial agency personnel and resources for environmental review, surveys, title work, appraisals, mineral evaluations, public participation, and coordination among multiple parties. Even the most worthy proposals can remain pending for years when the responsible agency lacks sufficient staff or competing priorities prevent the project from advancing.
Out of Bounds Ranch first discussed a possible land exchange in October of 2021. BLM personnel at that time stated that an administrative land exchange could take more than 10 years. Political circumstances changed shortly thereafter, and the decision was made to set aside the land-exchange concept.
The ranch reengaged with BLM’s local and regional offices in April 2025. Those discussions were productive and included a site visit so BLM personnel could evaluate the ranch and surrounding ownership pattern firsthand. Out of Bounds Ranch also met with the BLM Colorado State Director in September 2025. During that meeting, the State Director explained that BLM had other priorities and was reluctant to initiate administrative land exchanges because they frequently result in litigation. Local and regional personnel similarly indicated that their offices faced competing priorities and staffing limitations and that an exchange of this complexity was unlikely to rank high enough to be addressed in the foreseeable future.
The same local office that would be responsible for processing this exchange administratively had been unable to complete a separate administrative conveyance involving approximately 30 acres in Mesa County that had already been identified for disposal, despite the county pursuing that conveyance for roughly six years. Ultimately, Congress had to introduce and pass the CONVEY Act to transfer those 31.1 acres to the county.
Based on these meetings, site visits, telephone conversations, and the history of the Mesa County conveyance, it became apparent that BLM did not have a predictable administrative pathway, the available personnel, or the institutional willingness to initiate and complete an administrative exchange of this complexity within a reasonable period.
Congressional authorization is therefore being pursued to provide direction to BLM to carry out the exchange, not to avoid NEPA or federal review. Based upon the thoughtful comments from stakeholders, Out of Bounds Ranch is updating the draft GAME Act to explicitly preserve all applicable NEPA requirements, maintain federal agency responsibility for environmental reviews, and provide for robust public comment period.
Congressional Authorization Does Not Eliminate Public Review
Congressional authorization does not mean Congress simply hands over federal land, nor does it mean environmental review or public participation disappears.
The draft GAME Act draft does not waive NEPA or prohibit public comment. The responsible federal agencies will still conduct NEPA and the applicable biological, cultural, wildlife, and other reviews. The general public will continue to have multiple opportunities to participate and comment. BLM will also remain responsible for the required appraisal, title, survey, mineral, and other federal reviews associated with this exchange.
The exchange would also remain subject to independent federal appraisal, value equalization, and the other requirements established in the legislation. Congressional direction can provide greater certainty and a path toward a decision without eliminating environmental review, public participation, taxpayer protections, BLM’s role, or local-government involvement.
The proposed exchange was presented publicly to Garfield County and discussed with members of the community before legislation was introduced. Public feedback has already resulted in revisions and additional commitments, and there will be further opportunities for public and local-government participation as the proposal and legislation are considered.
Congressional and Administrative Precedents
Congress has repeatedly enacted legislation directing or facilitating individual land exchanges and conveyances in Colorado. Examples include:
Locke Park Land Exchange – Custer and Fremont Counties, Colorado. The U.S. Forest Service is pursuing an equal-value land exchange with Lutheran Outdoor Ministries of the Rockies (Rainbow Trail Lutheran Camp). The proposal would convey approximately 94–101 acres of federal land containing existing camp facilities to the camp in exchange for approximately 120 acres of private land in the Locke Park area. The exchange would eliminate a private inholding, consolidate National Forest lands, and include a conservation easement to protect natural resources. The proposal has undergone a draft environmental assessment and a robust public comment process, including public meetings in Westcliffe.
Mount Sopris Tree Nursery Land Exchange (1994): Exchanged approximately 132 acres of surplus Forest Service property for approximately 1,300 acres of patented mining claims within or adjoining the White River National Forest.
Gilpin County Land Exchange (1996): Authorized the exchange of 133 small, scattered BLM parcels in Gilpin County for federal acquisition of approximately 8,700 acres offering significant wildlife, recreation, riparian, scenic, and land-management value.
Hinsdale County Lands Exchange Act (1997): Authorized an exchange between BLM and a private ranch that consolidated federal ownership near the Handies Peak and Red Cloud Peak Wilderness Study Areas and the Alpine Loop Backcountry Byway.
Miles Land Exchange Act (1998): Directed a roughly acre-for-acre exchange involving approximately 84 acres of Forest Service land and 84 acres of private land within or adjoining the Routt National Forest to simplify ownership boundaries and improve land management.
Hermosa Creek Watershed Protection Act of 2014: A bipartisan Southwest Colorado public-lands measure that established the Hermosa Creek Special Management Area and included the conveyance of approximately 82 acres of BLM land to La Plata County, along with authority for certain additional public-purpose conveyances and exchanges.
Pueblo Jobs Act: Directed the Army to close the Pueblo Chemical Depot and dispose of the remaining property through the applicable federal base-closure process, establishing a congressionally directed pathway for returning federal property to productive local use.
CONVEY Act: Directed the conveyance of 31.1 acres of federal land in Mesa County after the county had unsuccessfully pursued an administrative conveyance for roughly six years.
Colorado has also completed significant administrative exchanges involving private ranches, including:
Crystal River Ranch Exchange (1995): BLM acquired approximately 1,040 acres at Fisher Creek and Haff Pasture, adding valuable wildlife habitat and public land near the Roaring Fork Valley.
Sutey Ranch/Two Shoes Exchange (2017): BLM conveyed approximately 1,268 acres in Pitkin County and 201 acres in Eagle County. In return, the public acquired the approximately 557-acre Sutey Ranch and the approximately 112-acre Haines Parcel.
Blue Valley Ranch Exchange (2025): BLM exchanged approximately 1,489 acres of federal land for approximately 1,830 acres that became public land.
The proposed CORE Act and Crystal Reservoir Conveyance Act provide additional recent examples of Congress considering Colorado land exchanges, conveyances, and federal boundary adjustments.
Congress has used the same approach in numerous other states. Recent examples include:
Lowell National Historical Park Land Exchange Act of 2012 (Massachusetts): Authorized the National Park Service to exchange land or interests in land with the Commonwealth of Massachusetts, the City of Lowell, or the University of Massachusetts Building Authority to support management of the national historical park.
Alaska Mental Health Trust Land Exchange: Authorized a multistage exchange involving federal land and Alaska Mental Health Trust land to consolidate ownership, support trust beneficiaries, and address longstanding land-management conflicts.
White Sands National Park legislation (New Mexico): Included an exchange of state and federal lands as part of establishing White Sands National Park and resolving boundaries and ownership patterns in the surrounding area.
Organ Mountains–Desert Peaks provisions (New Mexico): Directed federal and state officials to pursue exchanges involving state trust lands located within the national monument.
Arizona provides several especially relevant bipartisan examples:
Southeast Arizona Land Exchange and Conservation Act (2014): This bipartisan measure directed the exchange of approximately 2,422 acres of federal land in Pinal County for approximately 5,344 acres of privately owned conservation lands elsewhere in Arizona. It was enacted as part of the National Defense Authorization Act for Fiscal Year 2015.
Cottonwood Land Exchange Act (2019): Enacted as Section 1016 of the bipartisan John D. Dingell, Jr. Conservation, Management, and Recreation Act, this measure directed the Forest Service to exchange approximately 80 acres of federal land within the Coconino National Forest for approximately 369 acres owned by Yavapai County.
Black Mountain Range and Bullhead City Land Exchange (2019): Also enacted through the Dingell Act, this measure directed the exchange of approximately 345.2 acres of federal land in Bullhead City for approximately 1,100 acres owned by the city in the Black Mountain Range.
Embry-Riddle Tri-City Land Conveyance (2019): The Dingell Act directed the United States to convey its federal reversionary interest in an approximately 16-acre parcel owned by Embry-Riddle Aeronautical University in Yavapai County.
Udall Park Land Conveyance (2019): The Dingell Act directed the United States to convey its federal reversionary interest in approximately 172.8 acres owned by the City of Tucson and used for Udall Park.
La Paz County Land Conveyance (2019): Enacted as Section 1008 of the Dingell Act, this measure directed the conveyance of approximately 5,935 acres of BLM-managed land to La Paz County at fair market value to support economic development and utility-scale renewable-energy generation. Like Colorado’s CONVEY Act and Pueblo Jobs Act, it demonstrates Congress’s established practice of directing individual federal land conveyances when legislation is needed to move a locally supported project forward.
Together, these precedents demonstrate that congressionally directed and administratively completed exchanges are established public-land-management tools. Seeking legislation for the GAME Act is neither unprecedented nor an attempt to avoid review. It is an established way to provide a complicated proposal with a defined process through which it can be fully evaluated and ultimately approved, modified, or rejected.
The Bottom Line
Put approximately 2,091 acres of high-value private land at Cow Creek and Timber Valley into federal public ownership
Improve practical access and connectivity across tens of thousands of acres of existing BLM land
Help expand and improve practical access to an 8,900-acre northern BLM block
Add exceptional elk, deer, bear, turkey and other wildlife habitat to the public estate
Expand hunting, fishing and year-round outdoor recreation
Permanently protect the rural and open character of the approximately 2,139 deed-restricted or conservation easement protected acres incorporated into Out of Bounds Ranch
Require independent appraisal, value equalization and private payment of administrative costs
Leave NEPA in place and allow continued public participation and comments
More Public Access.
More Opportunities to Hunt, Fish and Get Outdoors.
Better-Connected Public Lands.
Permanently Protected Open Space and Increased Conservation.
A Fair Exchange.
MYTH vs. FACT
MYTH: “The GAME Act is simply giving away more than 2,000 acres of public land.”
FACT: This is a land exchange, not a giveaway.
Of the federal lands becoming private, approximately 2,139 acres near Out of Bounds Ranch would be subject to a perpetual deed or conservation easement restriction protecting their rural and open character. The remaining approximately 40 acres are a separate, isolated BLM parcel in Eagle County surrounded by private land.
A difference in acreage does not determine value. The legislation requires independent federal appraisal and value equalization.
And the public benefit extends far beyond the 2,091 acres acquired. Their strategic location would improve connectivity among approximately 60,000 acres of BLM land.
MYTH: “Cow Creek and Timber Valley are just steep, dry brush country with little public value.”
FACT: Rugged terrain is not worthless terrain. In Western Colorado, it is often some of the most valuable wildlife habitat and hunting country.
Cow Creek and Timber Valley provide premier big-game habitat for elk, deer, turkey, bear and other wildlife. Colorado Parks and Wildlife identified the properties as its top recommendation among the lands evaluated for acquisition, with some of the highest-value big-game hunting habitat in the state.
Garfield County Commissioner Perry Will, a former Colorado Parks and Wildlife area wildlife manager, was particularly clear about the value of Cow Creek, describing the opportunity to bring it into public ownership as a“once in a lifetime thing for Garfield County.” He also concluded that “the greater public good for the citizens of Garfield County is for this exchange.”
These are also not properties being treated as worthless on the private market. More than $7 million in private capital is being committed to acquire Cow Creek and Timber Valley for the purpose of ultimately conveying the properties to the United States and placing them into the public estate.
And their public value extends far beyond the 2,091 acres themselves. Their strategic location would substantially improve practical public access to approximately 8,900 acres of BLM land and improve connectivity with an additional approximately 52,000 acres of BLM land to thesouth.
The public is not receiving “worthless brush.” It would receive 2,091 acres of premier wildlife habitat, new hunting and recreation opportunities, and strategically located lands that improve connectivity across approximately 60,000 acres of existing public land.
MYTH: “The 8,900 acres aren’t really being opened to the public because the BLM land already has some access.”
FACT: The approximately 8,900-acre northern BLM block is already public, but has limited public access by the surrounding pattern of private ownership.
MYTH: “Out of Bounds Ranch is being handed more than 2,000 acres of unrestricted federal land it has no existing connection to.”
FACT: The approximately 2,139 deed-restricted acres near Out of Bounds Ranch are already closely integrated with the surrounding working-ranch landscape.
According to testimony before Garfield County, Out of Bounds Ranch and its neighboring ranch to the north are the only parties currently utilizing these BLM lands for livestock grazing. Out of Bounds Ranch also already has land and road access through portions of the federal acreage.
This is a remote, rural Western Colorado landscape characterized by ranching, grazing, wildlife habitat, open space and rugged terrain.
The lands would not become unrestricted. Out of Bounds Ranch has committed to a perpetual deed restriction protecting their rural and open character and prohibiting subdivision, rural residential lots, residential subdivisions, speculative development and other development that would substantially alter the lands’ rural character.
The exchange would consolidate and permanently protect a rural working landscape, not open it to residential or other development.
MYTH: “The exchange destroys public access to White River National Forest where people hike to watch the sunset over Glenwood Canyon.”
FACT: The public-land ownership connection is real, but it is not an established public-access route to White River National Forest.
There is no public trailhead on the approximately 2,139 acres proposed for exchange, no established public trail across the property connecting to White River National Forest, and no public motorized access along the existing ranch/BLM road.
Reaching the National Forest through this particular connection requires a long, rough overland trip on foot or horseback. Separate public access to White River National Forest remains available nearby from the Red Canyon Road area.
The exchange would end this particular continuous public-land ownership connection, but it would not eliminate public access to White River National Forest.
At the same time, approximately 2,091 acres of strategically located private land would become public, substantially improving practical access to approximately 8,900 acres of BLM land and improving connectivity with an additional approximately 52,000 acres of existing BLM land to the south.
The GAME Act exchanges a difficult, undeveloped public-land connection for substantially improved practical access to tens of thousands of acres of existing public land.
MYTH: “Out of Bounds Ranch is being given a valuable BLM reservoir and water rights.”
FACT: This claim confuses BLM ownership of the surface land with ownership of the privately held reservoir and its water rights.
Consolidated Reservoir is located on BLM-administered surface land, but the reservoir facility and its associated water interests are privately owned and predate the GAME Act.
Out of Bounds Ranch already owns a 30% interest in Consolidated Reservoir, established long before the proposed GAME Act land exchange. Other private shareholders hold the remaining ownership interests.
The reservoir water, when available, is used for agricultural purposes, including crops and ranch operations.
The GAME Act does not create or transfer new water rights to Out of Bounds Ranch, change existing reservoir ownership interests, or take water rights away from other owners. All existing private reservoir interests remain intact.
MYTH: “The federal government is giving Out of Bounds Ranch valuable mineral rights.”
FACT: The GAME Act does not require federal mineral interests to be conveyed to Out of Bounds Ranch.
There are no mineral interests associated with Cow Creek Ranch or Timber Valley Ranch being conveyed to the United States. Because the federal government would not receive mineral interests with those private lands, proponents expect BLM to retain the federally owned mineral interests associated with the federal lands being exchanged.
Ultimately, however, the treatment of federally owned mineral interests is subject to BLM’s determination as part of the exchange process.
The GAME Act does not require the federal mineral interests to be conveyed.
MYTH: “There is no appraisal and taxpayers could get stuck with an unfair deal.”
FACT: The GAME Act requires independent federal appraisal and value equalization.
No federal appraisal has yet determined the value of the properties because the appraisal occurs at a later stage in the federal land-exchange process. That is precisely why the legislation requires an independent appraisal before the exchange can be completed.
If the appraisal determines that the federal lands are worth more than the private lands, Out of Bounds Ranch must make a cash equalization payment to the United States to make up the difference.
Out of Bounds Ranch would also be responsible for the administrative costs associated with completing the exchange.
The exchange cannot simply move forward at an assumed value. The properties must be independently appraised and the values equalized before the exchange is completed.
Independent appraisal. Equal value. Taxpayer protection.
MYTH: “Out of Bounds Ranch does not even own all of the replacement properties, so the exchange is illegitimate.”
FACT: Out of Bounds Ranch has legally binding contracts to acquire both Cow Creek Ranch and Timber Valley Ranch for the purpose of completing the proposed land exchange.
As explained during the Garfield County hearing, the two properties are currently held by separate ownership entities, and Out of Bounds Ranch has entered into contracts with those owners to acquire the properties if the GAME Act moves forward.
Out of Bounds Ranch has also already made earnest-money payments toward those purchases. If the exchange does not move forward, Out of Bounds Ranch risks forfeiting that earnest money. If it does move forward, Out of Bounds Ranch must complete the purchases and pay the agreed-upon market price for the properties.
There is nothing unusual or improper about securing private property under contract for the purpose of completing a federal land exchange. What ultimately matters is whether the properties can be conveyed to the United States and whether the exchange satisfies the required federal appraisal and value-equalization requirements.
In fact, the arrangement means private capital is being committed to acquire 2,091 acres of premier wildlife habitat for the purpose of ultimately placing that land into public ownership.
Out of Bounds Ranch does not need to own the replacement lands years in advance. It needs the legal ability to acquire and convey them when the exchange is completed — and binding contracts are already in place to do exactly that.
MYTH: “Going through Congress is a way to bypass BLM, NEPA and public review.”
FACT: Congressional direction is a well-established pathway for significant federal land exchanges, and pursuing the GAME Act through Congress does not mean bypassing BLM, NEPA or public review.
Out of Bounds Ranch first explored whether the exchange could be completed administratively through BLM. Agency personnel indicated that their offices faced competing priorities and staffing limitations and that an exchange of this complexity was unlikely to advance through the administrative process within a reasonable period. BLM personnel had also advised with Out of Bounds Ranch first approached them several years ago that an administrative exchange could take more than 10 years.
Congressional authorization is therefore being pursued to establish a workable process and timetable through which the proposal can actually be considered and reach a decision—not to eliminate federal review.
The current GAME Act draft:
Does not waive NEPA
Does not remove BLM from the process
Requires independent federal appraisal and value equalization
Leaves important management and implementation decisions with BLM
Requires applicable environmental, cultural-resource, title, survey, and other federal reviews with BLM
Allows continued public and local-government participation
Congressional authorization does not mean Congress simply hands over federal land. It provides the legal direction and framework for BLM to evaluate and carry out a specific exchange under the legislation and applicable federal law.
Congress has repeatedly used this approach. In Colorado, Congress authorized the Mount Sopris Tree Nursery, Gilpin County, Hinsdale County, and Miles land exchanges and enacted the Pueblo Jobs Act and CONVEY Act to direct specific federal land conveyances.
The same approach has been used elsewhere. The bipartisan Southeast Arizona Land Exchange and Conservation Actdirected the exchange of approximately 2,422 federal acres for approximately 5,344 acres of private conservation land. The bipartisan John D. Dingell, Jr. Conservation, Management, and Recreation Act authorized several additional exchanges and conveyances, including the Cottonwood, Black Mountain Range and Bullhead City, Embry-Riddle Tri-City, and Udall Park land exchanges, as well as the La Paz County land conveyance. Other recent examples include the Alaska Mental Health Trust Land Exchange and land-exchange provisions associated with White Sands National Park and the Organ Mountains–Desert Peaks National Monument.
These are not obscure or isolated exceptions. They demonstrate that Congress regularly establishes a legal framework for specific land transactions when the ordinary administrative process is unable to move them forward. See the “Why Congress?” section above for additional examples and information.
The GAME Act has also been presented publicly to Garfield County and discussed with numerous local stakeholders, before the legislation has even been introduced. That input has already produced revisions and additional commitments that are being considered. Out of Bounds Ranch intends to continue gathering public comments and engaging with anyone who has meaningful and constructive ideas to improve the proposal.
The goal is not to bypass review. It is to ensure that a potentially beneficial land exchange does not languish indefinitely because the administrative process lacks the resources or capacity to move it forward.
MYTH: “Local concerns have been ignored.”
FACT: Local input was sought before the GAME Act was introduced in Congress, and that feedback has already changed and improved the proposal.
The proposal was presented to local officials and members of the community while the legislation was still being developed, giving people an opportunity to raise concerns and recommend changes before a bill was introduced.
That local engagement resulted in meaningful changes and additional commitments, including:
Revised maps and acreage information to provide greater clarity about the lands involved in the exchange.
A commitment to a perpetual deed restriction protecting the rural and open character of the lands incorporated into Out of Bounds Ranch.
Out of Bounds Ranch is now engaged in talks regarding a permanent conservation easement thanks to meaningful feedback from local stakeholders.
Discussions and an offer addressing High Aspen Ranch and Homestead Estates road and access concerns.
Based on the thoughtful feedback from stakeholders, the draft GAME Act is in the process of being updated to make clear that mineral interests in Cow Creek and Timber Valley Ranch and on the current BLM property near OBR will not be developed or transferred for that matter as result of this land exchange.
Based on the thoughtful comments of stakeholders OBR is updating the GAME Act to ensure NEPA is not bypassed in any form, the agency will still be responsible for these activities, and a robust public comment period occurs.
Based on the thoughtful comments from stakeholders, Out of Bounds Ranch is in the process of updating the draft GAME Act to ensure any cash equalization revenues stay in Colorado to be used for conservation, restoration, wildlife, or access purposes.
The GAME Act has not been developed in isolation. The proposal has evolved in direct response to local input.
Federal Lobbying and Campaign-Finance Disclosures
Out of Bounds Ranch has retained registered government-relations professionals to assist with the proposed federal land exchange. The filings show that the effort initially involved the Bureau of Land Management and later expanded to Congress, including both the U.S. House and U.S. Senate.
Fees paid for those professional services are publicly reported under the federal Lobbying Disclosure Act. Those lobbying expenses are payments for professional services and are separate from campaign contributions. Any personal campaign contributions by individuals associated with Out of Bounds Ranch are separately reported under federal campaign-finance law. The applicable federal lobbying and campaign-finance records are publicly available through the Lobbying Disclosure Act database and the Federal Election Commission.
Public Reference Documents
For readers who want to review the public record directly:
Garfield County Board of County Commissioners Meeting - July 6, 2026
Garfield County Board of County Commissioners Meeting - July 21, 2026
Garfield County, July 23, 2026: “BOCC supports proposed federal land swap.” https://www.garfieldcountyco.gov/news/bocc-supports-proposed-federal-land-swap/
Bureau of Land Management dam inventory: Consolidated Reservoir, NID CO00677, owner listed as Consolidated Reservoir Company; State of Colorado listed as inspecting agency. https://www.blm.gov/sites/blm.gov/files/uploads/IM2013-124_att1.pdf
Colorado Legislative Council, State Water Policy: A Legislator's Guide to Colorado Water Issues - explains that a Colorado water right is a property interest separate from the land. https://content.leg.colorado.gov/sites/default/files/2017state_water_policy_handbook_update_to_print.pdf
PostIndependent News Article - Garfield County backs federal land swap near Rifle
Bureau of Land Management - 2020 Dingell Act Priority Access List
BLM’s parcel-level record identifying Consolidated Reservoir as 2,017 acres of significantly restricted public land.
Open source
Bureau of Land Management - Dingell Act Implementation Guidance
BLM’s explanation of what “Significantly Restricted Legal Public Access” means and examples of the access conditions that can fall within that classification.
Open source
Bureau of Land Management - 2024 Dingell Act Priority Access List
BLM’s current published list continuing to identify Consolidated Reservoir as 2,017 significantly restricted acres.
Open source
Additional Fischer Creek Area Maps
Garfield County’s Net-Neutral Land Exchange Policy
Garfield County’s adopted Federal Lands Natural Resources Coordination Plan and Policies (September 2020) establishes a policy intended to prevent a net loss of private land or a net increase in federal land within the county. The policy calls for federal land exchanges to provide equal or greater acreage or value in the county’s favor, maintaining at least a net-neutral land ownership pattern. Importantly, the policy does not require an exact acre-for-acre exchange. Official source: Section VIII.H, Land Acquisition & Disposal, Policy Statement 2, page 26.
View Garfield County’s adopted policy — page 26
After receiving input from stakeholders; and in efforts to comply with this policy; Out of Bounds Ranch has proposed to potentially omit as much land south of County Road 115 as possible.
The top map shows the original BLM Boundary proposal map of the Fischer Creek area. The map below illustrates a revised map as indicated by the area shaded in blue. The blue shaded area would remain BLM.
Original BLM Boundary proposal of the Fischer Creek area with County Road 115 illustrated in red.
This map illustrates County Road 82 (High Aspen Drive) and an approximate 60 foot right of way easement.
