II Calendar No. 131 112th CONGRESS 1st Session S. 278 [Report No. 112–51] IN THE SENATE OF THE UNITED STATES February 3, 2011 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 August 30 (legislative day, August 2), 2011 Reported under authority of the order of the Senate of August 2, 2011, by Mr. Bingaman, without amendment 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.
1.
Short title
This Act may be cited as the Sugar Loaf Fire Protection District Land Exchange Act of 2011.
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.
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.
August 30 (legislative day, August 2), 2011 Reported without amendment