[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3923 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3923

  To provide for the exchange of certain land located in the Arapaho-
  Roosevelt National Forests in the State of Colorado, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 23, 2009

Mr. Polis of Colorado introduced the following bill; which was referred 
                 to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To provide for the exchange of certain land located in the Arapaho-
  Roosevelt National Forests in the State of Colorado, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sugar Loaf Fire Protection District 
Land Exchange Act of 2009''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) since 1967, the Sugar Loaf Fire Protection District, 
        located west of Boulder, Colorado, has owned and operated 2 
        fire stations on National Forest System land pursuant to 
        special use permits issued by the Forest Service;
            (2) the District seeks ownership of the land on which the 
        fire stations are located to enable the District--
                    (A) to establish an area for firefighter training;
                    (B) to install bathroom facilities in each fire 
                station; and
                    (C) to expand each fire station in the future;
            (3) the National Forest System land on which each fire 
        station is located--
                    (A) consists of approximately 5.08 acres; and
                    (B) is of limited utility for public 
                administration, recreation, or any other use because 
                the land has been occupied by the fire stations for 30 
                years;
            (4) the 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 
        parcel of National Forest System land on which the fire 
        stations are located;
            (5) the non-Federal land offered by the District--
                    (A) is suitable for addition to the Arapaho-
                Roosevelt National Forests; and
                    (B) if conveyed to the United States, will--
                            (i) eliminate an isolated inholding in the 
                        National Forest System land;
                            (ii) result in administrative cost savings 
                        to the United States by reducing costs relating 
                        to forest boundary administration; and
                            (iii) provide to the United States 
                        environmental and public recreational use 
                        benefits that will greatly exceed the benefits 
                        provided by the National Forest System land on 
                        which the fire stations are located; and
            (6) it is in the public interest to direct, expedite, and 
        facilitate completion of a land exchange involving the Federal 
        and non-Federal land to enable the District to better provide 
        fire protection services to--
                    (A) residents of the District;
                    (B) residents of neighboring districts; and
                    (C) individuals who travel through--
                            (i) the District on Colorado Highway 119; 
                        and
                            (ii) National Forest System land that is 
                        located within, or adjacent to, the District.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) District.--The term ``District'' means the Sugar Loaf 
        Fire Protection District of Boulder, Colorado.
            (2) Federal land.--The term ``Federal land'' means the 
        parcel of approximately 5.08 acres of Federal land that is--
                    (A) located in the National Forest; and
                    (B) depicted on the maps entitled ``Sugar Loaf 
                Federal Lands--Station 1'' and ``Sugar Loaf Federal 
                Lands--Station 2'' dated November, 2006.
            (3) National forest.--The term ``National Forest'' means 
        the Arapaho-Roosevelt National Forests located in the State of 
        Colorado.
            (4) Non-federal land.--The term ``non-Federal land'' means 
        the parcel of approximately 5.17 acres of non-Federal land that 
        is--
                    (A) located--
                            (i) in unincorporated Boulder County, 
                        Colorado; and
                            (ii) between the communities of Boulder and 
                        Nederland, Colorado; and
                    (B) depicted on the map entitled ``Non-Federal 
                Lands--Hibernian Load'' and dated November, 2006.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

SEC. 4. LAND EXCHANGE.

    (a) In General.--If, not later than 30 days after the date of 
enactment of this Act, the District offers to convey to the Secretary 
all right, title, and interest of the District in and to the non-
Federal land, and the offer is acceptable to the Secretary--
            (1) the Secretary shall accept the offer; and
            (2) on receipt of acceptable title in and to the non-
        Federal land, the Secretary shall convey to the District all 
        right, title, and interest of the United States in and to the 
        Federal land.
    (b) Appraisals; Equalization.--
            (1) Appraisals.--
                    (A) In general.--The Federal land and non-Federal 
                land shall be appraised by an independent appraiser 
                selected by the Secretary.
                    (B) Requirements.--
                            (i) Standards.--An appraisal conducted 
                        under subparagraph (A) shall be conducted in 
                        accordance with--
                                    (I) the Uniform Appraisal Standards 
                                for Federal Land Acquisitions developed 
                                by the Interagency Land Acquisition 
                                Conference; and
                                    (II) the Uniform Standards of 
                                Professional Appraisal Practice.
                            (ii) Encumbrance.--The independent 
                        appraiser selected by the Secretary under 
                        subparagraph (A) shall not consider the 
                        encumbrance described in subsection (e) during 
                        the conduct of an appraisal under subparagraph 
                        (A).
            (2) Equalization.--If the values of the Federal land and 
        the non-Federal land to be conveyed in the land exchange under 
        subsection (a) are not equal, the values may be equalized by--
                    (A) the Secretary making a cash equalization 
                payment to the District (including a cash equalization 
                payment the amount of which is greater than the amount 
                authorized by section 206(b) of the Federal Land Policy 
                and Management Act of 1976 (43 U.S.C. 1716(b));
                    (B) the District making a cash equalization payment 
                to the Secretary;
                    (C) reducing the acreage of the Federal land or the 
                non-Federal land to be exchanged, as appropriate; or
                    (D) any combination of--
                            (i) a cash equalization payment described 
                        in subparagraph (A) or (B), as appropriate; and
                            (ii) a reduction of acreage of the Federal 
                        land or the non-Federal land described in 
                        subparagraph (C), as appropriate.
    (c) Condition of Exchange.--As a condition of the land exchange 
under subsection (a), to expedite the land exchange and reduce the 
administrative costs of the land exchange to the United States, the 
District shall pay each cost relating to--
            (1) each necessary land survey of the Federal and non-
        Federal land; and
            (2) each appraisal conducted by the independent appraiser 
        under subsection (b)(1).
    (d) Deadline for Completion of Land Exchange.--It is the intent of 
Congress that the land exchange under subsection (a) shall be completed 
not later than 120 days after the date of enactment of this Act.
    (e) Interim Use of Federal Land.--
            (1) In general.--Subject to paragraph (2), during the 
        period beginning on the date of enactment of this Act and 
        ending on the date of completion of the land exchange under 
        subsection (a), the District may carry out modifications to 
        each fire station located on the Federal land without further 
        action or authorization by the Secretary.
            (2) Indemnification requirement.--Before the conduct of any 
        modification described in paragraph (1), the District shall 
        enter into a written agreement with the Secretary, with respect 
        to the period described in that paragraph--
                    (A) to hold the United States harmless for any 
                liability arising from the conduct of any modification; 
                and
                    (B) to indemnify the United States against any cost 
                arising from--
                            (i) the ownership by the United States of 
                        the Federal land; and
                            (ii) any action of the District (including 
                        any employee, licensee, or agent of the 
                        District) in carrying out any modification or 
                        other action on the Federal land.
    (f) Authority of Secretary To Conduct Sale of Federal Land.--
            (1) In general.--In accordance with paragraph (2), if the 
        land exchange under subsection (a) is not completed by the date 
        described in that subsection for any reason, the Secretary may 
        offer to sell to the District the Federal land.
            (2) Value of federal land.--The Secretary may offer to sell 
        to the District the Federal land for an amount equal to the 
        value for which the Federal land is appraised under subsection 
        (b)(1).
    (g) Disposition of Proceeds.--
            (1) In general.--The Secretary shall deposit in the fund 
        established under Public Law 90-171 (commonly known as the 
        ``Sisk Act'') (16 U.S.C. 484a) any amount received by the 
        Secretary as the result of--
                    (A) a sale carried out under subsection (f)(1); and
                    (B) any cash equalization payment under subsection 
                (b)(2)(B).
            (2) Use of proceeds.--Amounts deposited under paragraph (1) 
        shall be available to the Secretary, without further 
        appropriation and until expended, for the acquisition of real 
        property or interests in real property for inclusion in the 
        portion of the National Forest System located in the State of 
        Colorado.
    (h) Incorporation, Management, and Status of Acquired Land.--
            (1) Incorporation; management.--The non-Federal land 
        acquired by the Secretary under this section shall--
                    (A) become part of the National Forest; and
                    (B) be managed in accordance with each law 
                applicable to the National Forest System (including 
                regulations).
            (2) Boundary of national forest.--
                    (A) In general.--The boundary of the National 
                Forest is modified in accordance with the acquisition 
                of the non-Federal land under this section.
                    (B) Land and water conservation fund.--For the 
                purposes of section 7 of the Land and Water 
                Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the 
                boundary of the National Forest, as adjusted by 
                subparagraph (A), shall be considered to be the 
                boundary of the National Forest as of January 1, 1965.
    (i) Technical Corrections With Respect to Maps.--
            (1) In general.--Subject to the agreement of the District, 
        the Secretary may--
                    (A) make minor corrections to correct technical and 
                clerical errors in the maps described in section 3; and
                    (B) adjust the boundary of the National Forest to 
                ensure the establishment of a boundary that the 
                Secretary determines could be effectively managed.
            (2) Discrepancies.--Subject to the agreement of the 
        Secretary and the District, if there is a discrepancy between a 
        map, acreage estimate, and legal or other description of the 
        land to be exchanged under subsection (a), the map shall 
        prevail.
    (j) Revocation of Orders; Withdrawal.--
            (1) Revocation of orders.--Any public order withdrawing the 
        Federal land from entry, appropriation, or disposal under the 
        public land laws is revoked to the extent necessary to permit 
        the conveyance of the Federal land to the District.
            (2) Withdrawal.--On the date of enactment of this Act, 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 1970 
        (30 U.S.C. 1001 et seq.), the Federal land is withdrawn until 
        the date of the conveyance of the Federal land to the District.
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