[Congressional Record Volume 155, Number 42 (Tuesday, March 10, 2009)]
[Senate]
[Page S2966]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. UDALL, of Colorado (for himself and Mr. Bennet):
  S. 555. 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; to the Committee on Energy and Natural Resources.
  Mr. UDALL. Mr. President, today I am introducing the Sugar Loaf Fire 
Station Land Exchange Act of 2009.
  This bill is the same as the version I introduced in the House of 
Representatives in the last Congress, H.R. 3181. It 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. The Fire District acquired 
station 1 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 of 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 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 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. 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-Roosevelt 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.
  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.
                                 ______