[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 555 Reported in Senate (RS)]

                                                       Calendar No. 281
111th CONGRESS
  2d Session
                                 S. 555

                          [Report No. 111-131]

  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 SENATE OF THE UNITED STATES

                             March 10, 2009

   Mr. Udall of Colorado (for himself and Mr. Bennet) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

                             March 2, 2010

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) the District seeks ownership of the land on 
        which the fire stations are located to enable the District--
        </DELETED>
                <DELETED>    (A) to establish an area for firefighter 
                training;</DELETED>
                <DELETED>    (B) to install bathroom facilities in each 
                fire station; and</DELETED>
                <DELETED>    (C) to expand each fire station in the 
                future;</DELETED>
        <DELETED>    (3) the National Forest System land on which each 
        fire station is located--</DELETED>
                <DELETED>    (A) consists of approximately 5.08 acres; 
                and</DELETED>
                <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (5) the non-Federal land offered by the District--
        </DELETED>
                <DELETED>    (A) is suitable for addition to the 
                Arapaho-Roosevelt National Forests; and</DELETED>
                <DELETED>    (B) if conveyed to the United States, 
                will--</DELETED>
                        <DELETED>    (i) eliminate an isolated 
                        inholding in the National Forest System 
                        land;</DELETED>
                        <DELETED>    (ii) result in administrative cost 
                        savings to the United States by reducing costs 
                        relating to forest boundary administration; 
                        and</DELETED>
                        <DELETED>    (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</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) residents of the District;</DELETED>
                <DELETED>    (B) residents of neighboring districts; 
                and</DELETED>
                <DELETED>    (C) individuals who travel through--
                </DELETED>
                        <DELETED>    (i) the District on Colorado 
                        Highway 119; and</DELETED>
                        <DELETED>    (ii) National Forest System land 
                        that is located within, or adjacent to, the 
                        District.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

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

<DELETED>SEC. 4. LAND EXCHANGE.</DELETED>

<DELETED>    (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--
</DELETED>
        <DELETED>    (1) the Secretary shall accept the offer; 
        and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Appraisals; Equalization.--</DELETED>
        <DELETED>    (1) Appraisals.--</DELETED>
                <DELETED>    (A) In general.--The Federal land and non-
                Federal land shall be appraised by an independent 
                appraiser selected by the Secretary.</DELETED>
                <DELETED>    (B) Requirements.--</DELETED>
                        <DELETED>    (i) Standards.--An appraisal 
                        conducted under subparagraph (A) shall be 
                        conducted in accordance with--</DELETED>
                                <DELETED>    (I) the Uniform Appraisal 
                                Standards for Federal Land Acquisitions 
                                developed by the Interagency Land 
                                Acquisition Conference; and</DELETED>
                                <DELETED>    (II) the Uniform Standards 
                                of Professional Appraisal 
                                Practice.</DELETED>
                        <DELETED>    (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).</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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));</DELETED>
                <DELETED>    (B) the District making a cash 
                equalization payment to the Secretary;</DELETED>
                <DELETED>    (C) reducing the acreage of the Federal 
                land or the non-Federal land to be exchanged, as 
                appropriate; or</DELETED>
                <DELETED>    (D) any combination of--</DELETED>
                        <DELETED>    (i) a cash equalization payment 
                        described in subparagraph (A) or (B), as 
                        appropriate; and</DELETED>
                        <DELETED>    (ii) a reduction of acreage of the 
                        Federal land or the non-Federal land described 
                        in subparagraph (C), as appropriate.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) each necessary land survey of the Federal and 
        non-Federal land; and</DELETED>
        <DELETED>    (2) each appraisal conducted by the independent 
        appraiser under subsection (b)(1).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Interim Use of Federal Land.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) to hold the United States harmless for 
                any liability arising from the conduct of any 
                modification; and</DELETED>
                <DELETED>    (B) to indemnify the United States against 
                any cost arising from--</DELETED>
                        <DELETED>    (i) the ownership by the United 
                        States of the Federal land; and</DELETED>
                        <DELETED>    (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.</DELETED>
<DELETED>    (f) Authority of Secretary To Conduct Sale of Federal 
Land.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (g) Disposition of Proceeds.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) a sale carried out under subsection 
                (f)(1); and</DELETED>
                <DELETED>    (B) any cash equalization payment under 
                subsection (b)(2)(B).</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (h) Incorporation, Management, and Status of Acquired 
Land.--</DELETED>
        <DELETED>    (1) Incorporation; management.--The non-Federal 
        land acquired by the Secretary under this section shall--
        </DELETED>
                <DELETED>    (A) become part of the National Forest; 
                and</DELETED>
                <DELETED>    (B) be managed in accordance with each law 
                applicable to the National Forest System (including 
                regulations).</DELETED>
        <DELETED>    (2) Boundary of national forest.--</DELETED>
                <DELETED>    (A) In general.--The boundary of the 
                National Forest is modified in accordance with the 
                acquisition of the non-Federal land under this 
                section.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (i) Technical Corrections With Respect to Maps.--
</DELETED>
        <DELETED>    (1) In general.--Subject to the agreement of the 
        District, the Secretary may--</DELETED>
                <DELETED>    (A) make minor corrections to correct 
                technical and clerical errors in the maps described in 
                section 3; and</DELETED>
                <DELETED>    (B) adjust the boundary of the National 
                Forest to ensure the establishment of a boundary that 
                the Secretary determines could be effectively 
                managed.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (j) Revocation of Orders; Withdrawal.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

SECTION 1. SHORT TITLE.

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

SEC. 2. 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--
                    (A) the parcel of approximately 1.52 acres of land 
                in the National Forest that is generally depicted on 
                the map numbered 1, entitled ``Sugarloaf Fire 
                Protection District Proposed Land Exchange'', and dated 
                November 12, 2009; and
                    (B) the parcel of approximately 3.56 acres of land 
                in the National Forest that is generally depicted on 
                the map numbered 2, entitled ``Sugarloaf Fire 
                Protection District Proposed Land Exchange'', and dated 
                November 12, 2009.
            (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 in 
        unincorporated Boulder County, Colorado, that is generally 
        depicted on the map numbered 3, entitled ``Sugarloaf Fire 
        Protection District Proposed Land Exchange'', and dated 
        November 12, 2009.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

SEC. 3. LAND EXCHANGE.

    (a) In General.--Subject to the provisions of this Act, if 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 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) Applicable Law.--Section 206 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1716) shall apply to the land 
exchange authorized under subsection (a), except that--
            (1) the Secretary may accept a cash equalization payment in 
        excess of 25 percent of the value of the Federal land; and
            (2) as a condition of the land exchange under subsection 
        (a), the District shall--
                    (A) pay each cost relating to any land surveys and 
                appraisals of the Federal land and non-Federal land; 
                and
                    (B) enter into an agreement with the Secretary that 
                allocates any other administrative costs between the 
                Secretary and the District.
    (c) Additional Terms and Conditions.--The land exchange under 
subsection (a) shall be subject to--
            (1) valid existing rights; and
            (2) any terms and conditions that the Secretary may 
        require.
    (d) Time for Completion of Land Exchange.--It is the intent of 
Congress that the land exchange under subsection (a) shall be completed 
not later than 1 year after the date of enactment of this Act.
    (e) 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 
        that is 1 year after the date of enactment of this Act, 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 the fair market value of 
        the Federal land.
    (f) 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) any cash equalization payment made under 
                subsection (b); and
                    (B) any sale carried out under subsection (e).
            (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 land 
        or interests in land in the National Forest.
    (g) Management and Status of Acquired Land.--The non-Federal land 
acquired by the Secretary under this section shall be--
            (1) added to, and administered as part of, the National 
        Forest; and
            (2) managed by the Secretary in accordance with--
                    (A) the Act of March 1, 1911 (commonly known as the 
                ``Weeks Law'') (16 U.S.C. 480 et seq.); and
                    (B) any laws (including regulations) applicable to 
                the National Forest.
    (h) 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.
                                                       Calendar No. 281

111th CONGRESS

  2d Session

                                 S. 555

                          [Report No. 111-131]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             March 2, 2010

                       Reported with an amendment