[Congressional Record Volume 156, Number 103 (Tuesday, July 13, 2010)]
[House]
[Pages H5506-H5507]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SUGAR LOAF FIRE PROTECTION DISTRICT LAND EXCHANGE ACT
Ms. BORDALLO. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3923) to provide for the exchange of certain land located in
the Arapaho-Roosevelt National Forests in the State of Colorado, and
for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3923
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sugar Loaf Fire Protection
District Land Exchange Act''.
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Guam (Ms. Bordallo) and the gentlewoman from North Carolina (Ms. Foxx)
each will control 20 minutes.
The Chair recognizes the gentlewoman from Guam.
General Leave
Ms. BORDALLO. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Guam?
There was no objection.
Ms. BORDALLO. I yield myself such time as I may consume.
Mr. Speaker, H.R. 3923 was introduced by our colleague from Colorado,
Congressman Jared Polis. Since 1967, the Forest Service has issued two
special use permits to the Sugar Loaf Fire Protection District to own
and operate two fire stations on National Forest System land.
The District would like to own the parcels of land on which the fire
stations sit in order to build an area for firefighter training and
bathroom facilities. Currently, the fire stations do not have running
water because State and county regulations prohibit well and septic
systems on public lands for private use.
The District would receive approximately 5 acres of Federal land on
which the fire stations sit, and the Forest Service would receive land
of equal value from the District. A specific in-holding owned by the
District has been identified for the exchange.
Mr. Speaker, we commend Congressman Polis for his work on this bill,
and we support passage of this measure.
[[Page H5507]]
I reserve the balance of my time.
{time} 1410
Ms. FOXX. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, throughout the West there are communities struggling to
provide basic services because of a limited tax base and a shortage of
non-Federal lands to build infrastructure. The Sugar Loaf Fire District
in Colorado has provided services to the surrounding National Forest
area for years and is simply seeking a tiny parcel of land in order to
make much-needed improvements in their facilities.
This commonsense land conveyance should have been handled
administratively by the Forest Service. Something is not working right
when cash-strapped fire districts who are providing incalculable
benefits to Federal lands have to spend years and money they do not
have to push for legislation for something that should be handled
quickly and at the local level.
With that, Mr. Speaker, I reserve the balance of my time.
Ms. BORDALLO. Mr. Speaker, I yield such time as he may consume to the
gentleman from Colorado (Mr. Polis).
Mr. POLIS. Mr. Speaker, I rise today in support of my bill, H.R.
3923, the Sugar Loaf Fire Protection District Land Exchange Act. This
legislation is the result of a long-term effort by the Sugar Loaf Fire
Protection District in Sugar Loaf, Colorado. This exchange will be of
great benefit to those volunteer firefighters and the communities that
they serve.
The Sugar Loaf Fire Protection District and the U.S. Forest Service
have always worked closely with each other since the fire district's
inception in 1967. The Sugar Loaf Fire Protection District volunteers
are key first responders to both wild-land and residential fires as
well as car accidents and health emergencies within the communities and
the public lands that they serve.
In its fledgling start, the fire district's physical home was
established in an existing building on U.S. Forest Service land through
a special use permit. Three years later, a second building was
constructed under another special use permit, both in important
locations for accessibility to the few main roads in the mountainous
areas. This bill today would exchange the small amount of Federal land
on which these facilities exist with private land that has been
purchased by the fire district for this transfer, land that is better
suited for the scenic and recreational services of the local public
lands.
While the U.S. Forest Service and these special use permits have been
incredibly valuable during the over 40-year history of the fire
district, it is now important that the fire district has the autonomy
to better self-direct its future, invest, and ensure the modernization
of its facilities.
Currently these buildings are without even the most basic amenities,
like running water and restrooms, and their location on public land has
precluded them from making modernizations. As the surrounding
communities have grown considerably in the past few decades, these
buildings have taken on added responsibility as community meeting
centers, making it even more important that they be updated to
accommodate this new rule, and this bill will allow for them to be
updated and modernized.
I would like to thank Chairman Rahall and Ranking Member Hastings, as
well as Subcommittee Chairman Grijalva and the gentlewoman from Guam,
for their hard work on this effort. It is an important measure for the
local communities of my district, and I urge a ``yes'' vote on this
measure.
The SPEAKER pro tempore. Without objection, the gentlewoman from
Wyoming (Mrs. Lummis) will control the time.
There was no objection.
Mrs. LUMMIS. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Ms. BORDALLO. Mr. Speaker, I would like again to urge Members to
support the bill.
I have no further requests for time, and I yield back the balance of
my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Guam (Ms. Bordallo) that the House suspend the rules
and pass the bill, H.R. 3923, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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