[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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