1.This Act may be cited as the
Sugar Loaf Fire Protection District
Land Exchange Act of 2009
.
2.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.
3.In this Act:
(1)The
term District means the Sugar Loaf Fire Protection District of
Boulder, Colorado.
(2)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)The term National Forest means the
Arapaho-Roosevelt National Forests located in the State of Colorado.
(4)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)The
term Secretary means the Secretary of Agriculture.
4.
(a)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)
(1)
(A)The Federal land and non-Federal land shall be appraised
by an independent appraiser selected by the Secretary.
(B)
(i)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)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)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)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 exchangeIt 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)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
requirementBefore 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 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)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)
(1)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)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;
managementThe 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)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 FundFor 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)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)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)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)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.
1.This Act may be cited as the
Sugar Loaf Fire Protection District
Land Exchange Act of 2009
.
2.In this Act:
(1)The
term District means the Sugar Loaf Fire Protection District of
Boulder, Colorado.
(2)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)The term National Forest means the
Arapaho-Roosevelt National Forests located in the State of Colorado.
(4)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)The
term Secretary means the Secretary of Agriculture.
3.
(a)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)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
conditionsThe 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 exchangeIt 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 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)The Secretary may offer to sell to the District the Federal
land for the fair market value of the Federal land.
(f)
(1)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)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 landThe 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)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)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.
March 2, 2010
Reported with an amendment