[Congressional Record Volume 153, Number 121 (Thursday, July 26, 2007)]
[Extensions of Remarks]
[Pages E1621-E1622]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 INTRODUCTION OF THE ``ARAPAHO-ROOSEVELT NATIONAL FOREST LAND EXCHANGE 
                             ACT OF 2007''

                                 ______
                                 

                            HON. MARK UDALL

                              of colorado

                    in the house of representatives

                        Wednesday, July 25, 2007

  Mr. UDALL of Colorado. Madam Speaker, today I am introducing the 
``Arapaho-Roosevelt National Forests Land Exchange Act of 2007''.
  This bill will facilitate a fair exchange of lands on the Arapaho-
Roosevelt National Forest near Boulder, CO, between the Forest Service 
and the Sugar Loaf Fire District. The Fire District is seeking this 
exchange so that they can maintain and upgrade their fire stations 
serving the Sugar Loaf community and other nearby communities and 
properties--areas that are in the wildland/urban interface and thus at 
risk of wildfires. In fact, these fire stations serve the area that was 
burned in the Black Tiger Fire in 1989. That fire was the motivation 
for the Sugar Loaf community to invest more strongly in fire 
protection. The Fire District has grown a lot over the years, and will 
be celebrating its 40th anniversary this August.
  The bill relates to two fire stations. Station 1 was acquired by the 
Fire District through an original mining claim under the 1872 mining 
laws. In 1967, a public meeting was held on this property to establish 
a fire district and modify the old school building on the site into a 
firehouse to hold a fire truck and other firefighting equipment. On May 
14, 1969, the U.S. Forest Service approved a special use permit, which 
allowed the fire department to use both the firehouse and approximately 
5 acres of the property under it. The special use permit was reissued 
on August 11, 1994, with a life of 10 years.
  In 1970, the fire department applied for a special use permit to 
operate and maintain a second firehouse--station 2--on Sugar Loaf Road. 
The original permit was approved on in 1970, and had an expiration date 
of December 31, 1991. The permit boundary included 2 acres.
  The special use permit issued in 1994 combined the two permits for 
stations 1 and 2 into one. The new permit for station 2 reduced the 
permit area to one acre, because the area of impact and existing 
improvements did not exceed one acre.
  The Fire District entered into discussions with the Forest Service 
about a land swap. In August 1997, the Fire District filed an 
application to acquire the property under stations 1 and 2 pursuant to 
the Small Tracts Act (STA). The STA allows for transfers of small 
mineral fractions by the sale of property for market

[[Page E1622]]

value, or by the exchange of properties of nearly equal value. The 
application proposed trading a mining claim surrounded by National 
Forest, for approximately 3 acres under station 1 and 1.5 acres under 
station 2.
  The Fire District worked in good faith to comply with the STA. In 
November 2002, officials from the Fire District met with officials from 
the Forest Service. Upon review of the STA application, the Forest 
Service's concluded that the parcel under station 2 did not qualify for 
a land exchange and that the Fire District would have to pursue a new 
special use permit for the property under station 2. As a result, the 
Fire District is interested in securing ownership of the land under 
these stations through this exchange legislation.

  The Fire District has occupied and operated these fire stations on 
these properties for over 30 years, and, if they can secure ownership, 
the lands will continue to be used as sites for fire stations. The Fire 
District has made a strong, persistent, good faith effort to acquire 
the land under the stations through administrative means and has 
demonstrated its sincere commitment to this project by expending its 
monetary resources and the time of its staff to satisfy the 
requirements set forth by the Forest Service.
  However, those efforts have not succeeded and it has become evident 
that legislation is required to resolve the situation.
  The Fire District is willing to trade the property it owns for the 
property under the stations. However, the Fire District is firm in its 
position that it wants land under both stations, and that the amount of 
land must be adequate to satisfy both its current and anticipated 
needs.
  Under the bill, the land exchange will proceed if the Fire District 
offers to convey acceptable title to a specified parcel of land 
amounting to about 5.17 acres in an unincorporated part of Boulder 
County within National Forest boundaries between the communities of 
Boulder and Nederland. In return, the land--about 5.08 acres--where the 
two fire stations are located will be transferred to the Fire District.
  The lands transferred to the Federal government will become part of 
the Arapaho-National Forest and managed accordingly.
  The bill provides that the Forest Service shall determine the values 
of all lands involved through appraisals in accordance with Federal 
standards. If the lands conveyed by the Fire District are not equal in 
value to the lands where the fire stations are located, the Fire 
District will make a cash payment to make up the difference. If the 
lands being conveyed to the Federal government are worth more than the 
lands where the fire stations are located, the Forest Service can 
equalize values by reducing the lands it receives or by paying to make 
up the difference or by a combination of both methods. The bill 
requires the Fire District to pay for the appraisals and any necessary 
land surveys.
  The bill permits the Fire District to modify the fire stations 
without waiting for completion of the exchange if the Fire District 
holds the Federal government harmless for any liability arising from 
the construction work and indemnifies the Federal government against 
any costs related to the construction or other activities on the lands 
before they are conveyed to the Fire District.
  Madam Speaker, this is a relatively minor bill but one that is 
important to the Fire District and the people it serves. I think it 
deserves enactment without unnecessary delay.

                          ____________________