Findings

The Congress finds the following: (1)Since 1967, the Sugar Loaf Fire Protection District, located west of Boulder, Colorado, has owned and operated two fire stations on National Forest System land pursuant to special use permits issued by the Forest Service. (2)The Sugar Loaf Fire Protection District seeks ownership of the land on which the fire stations are situated so that the District can establish an area for fire fighter training, install bathroom facilities in the stations, and expand the stations in the future. (3)The National Forest System land containing the fire stations consists of approximately 5.08 acres and are of limited utility for public administration, recreation, or any other use since the land has been occupied by the stations for 30 years. (4)The Sugar Loaf Fire Protection District owns a parcel of non-Federal land consisting of approximately 5.17 acres that the District is willing to convey to the United States in exchange for the National Forest System land containing the fire stations. (5)The non-Federal land offered by the Sugar Loaf Fire Protection District, if conveyed to the United States, is suitable for addition to the Arapaho-Roosevelt National Forests, will eliminate an isolated inholding in the National Forests, result in administrative cost savings to the United States by reducing costs of forest boundary administration, and provide the United States with environmental and public recreational use benefits that greatly exceed the benefits of the National Forest System land containing the fire stations. (6)It is in the public interest to direct, expedite, and facilitate completion of a land exchange involving these Federal and non-Federal lands to enable the Sugar Loaf Fire Protection District to better provide fire protection services for residents of the District, residents of neighboring districts and persons who travel through the District on Colorado Highway 119, and National Forest System land within or adjacent to the District.

Land exchange, Arapaho-Roosevelt National Forests, Colorado

(a)

Conveyance of Non-Federal Land

The land exchange directed by this section shall proceed if, within 30 days after the date of the enactment of this Act, the Sugar Loaf Fire Protection District of Boulder, Colorado (in this section referred to as the District), offers to convey title acceptable to the United States in and to a parcel of land consisting of approximately 5.17 acres located in unincorporated Boulder County, Colorado, between the communities of Boulder and Nederland, as depicted on a map entitled Non-Federal Lands—Hibernian Load and dated November, 2006. (b)

Conveyance of Federal land

Upon receipt of acceptable title in and to the non-Federal lands identified in subsection (a), the Secretary of Agriculture shall convey to the District all right, title, and interest of the United States in and to a parcel of National Forest System land within the Arapaho-Roosevelt National Forests, Colorado, consisting of approximately 5.08 acres, as generally depicted on maps entitled Sugar Loaf Federal Lands—Station 1 and Sugar Loaf Federal Lands—Station 2, and dated November 2006. (c)

Appraisals

The values of the non-Federal land identified in subsection (a) and the Federal lands identified in subsection (b) shall be determined by the Secretary through appraisals performed in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions (December 20, 2000) and the Uniform Standards of Professional Appraisal Practice. The encumbrance on the Federal land granted by subsection (g) before its conveyance shall not be considered for purposes of the appraisal of the land. (d)

Valuation

(1)

Surplus of non-federal value

If the final appraised value, as approved by the Secretary, of the non-Federal lands identified in subsection (a) exceeds the final appraised value, as approved by the Secretary, of the Federal land identified in subsection (b), the values may be equalized— (A)by reducing the acreage of the non-Federal lands to be conveyed, as determined appropriate and acceptable by the Secretary and the District; (B)by the Secretary making a cash equalization payment to the District, 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)by a combination of acreage reduction and cash equalization payment. (2)

Surplus of federal value

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 lands identified in subsection (a), and the Secretary declines to accept the non-Federal lands because of inadequate appraised value, the District shall make a cash equalization payment to the Secretary in such amount as may be necessary to equalize the values of the lands to be exchanged. (e)

Exchange costs

As a condition on the land exchange under this section and in order to expedite the land exchange and to save administrative costs to the United States, the District shall be required to cover the costs of the following: (1)Any necessary land surveys of the Non-Federal land or Federal land to be exchanged. (2)The appraisals under subsection (c). (f)

Completion of exchange

It is the sense of Congress that the land exchange directed by this section should be completed not later than 120 days after the date of the enactment of this Act. (g)

Interim use of federal land

Pending completion of the land exchange directed by this section, the District may commence modification of the fire stations located on the Federal land identified in subsection (b) without further action or authorization by the Secretary, except that, before initiating any construction in connection with the modifications, the District shall execute and submit to the Secretary a legal document that— (1)permanently holds the United States harmless for any and all liability arising from the construction; (2)indemnifies the United States against any costs arising from the United States’ ownership of the Federal land and any actions, operations, or other acts of the District or its licensees, employees, or agents in undertaking the construction or engaging in other acts on the Federal land before its conveyance to the District. (h)

Alternative sale authority

If the land exchange directed by this section is not completed for any reason, the Secretary may sell the Federal land identified in subsection (b) to the District at its final appraised value, as determined under subsection (c). (i)

Use of proceeds

Any consideration received under subsection (h) and any cash equalization payment received under subsection (d)(2) shall be deposited in the fund established by Public Law 90–171 (commonly known as the Sisk Act; 16 U.S.C. 484a). The amount so deposited shall be available to the Secretary, without further appropriation, for expenditure for the acquisition of land and interests in land for addition to the National Forest System in the State of Colorado. (j)

Incorporation, management, and status of acquired land

The non-Federal land identified in subsection (a) acquired by the United States in the land exchange shall become part of the Arapaho-Roosevelt National Forests, and the boundary of such national forests is modified, without further action by the Secretary, to incorporate the non-Federal land. Upon its acquisition, the land shall be administered in accordance with the laws generally applicable to the National Forest System. For purposes of section 7 of the Land and Water Conservation Fund Act of l965 (16 U.S.C. 460l–9), the boundaries of the Arapaho-Roosevelt National Forests, as modified by this subsection, shall be deemed to be the boundaries of such national forests as of January 1, 1965. (k)

Technical corrections

The Secretary, with the agreement of the District, may make technical corrections or correct clerical errors in the maps referred to in this section or adjust the boundaries of the Arapaho-Roosevelt National Forests to leave the United States with a manageable post-exchange or sale boundary. In the event of any discrepancy between a map, acreage estimate, or legal description, the map shall prevail unless the Secretary and the District agree otherwise. (l)

Revocation of orders and withdrawal

Any public orders withdrawing any of the Federal lands identified in subsection (b) from appropriation or disposal under the public land laws are hereby revoked to the extent necessary to permit conveyance of the Federal lands. 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 l970 (30 U.S.C. 1001 et seq.), the Federal land is hereby withdrawn until the date of its conveyance to the District.