[Congressional Record Volume 157, Number 16 (Thursday, February 3, 2011)]
[Senate]
[Pages S547-S548]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. UDALL of Colorado (for himself and Mr. Bennet):
  S. 278. 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 of Colorado. Mr. President, fighting fires is very serious 
business in my home State of Colorado. Just a few months ago, we 
experienced the most expensive fire in our history--the Fourmile Fire, 
near Boulder. This fire destroyed more than 150 homes and burned over 
6,000 acres.
  We could not have stopped this fire without the dedicated efforts of 
hundreds of public servants, including volunteer firefighters from 
local fire districts. These individuals saved lives and property, often 
risking their own lives. That is, in part, why I believe we should do 
everything we can to help these fire districts and the volunteers who 
serve them.
  One fire district involved in the Fourmile Fire--the Sugar Loaf Fire 
District--lost 17 homes in the fire. The Sugar Loaf Fire District is 
critical to protecting thousands of Coloradans, but instead of being 
able to focus on fighting fires this District has been wrapped up 
trying to resolve a land issue with the Forest Service for many years 
now. It is a very simple land exchange to make sure that the Fire 
District owns the land under two of its three fire stations.
  The Fire District has occupied and operated the fire stations on 
these properties for nearly 40 years. If they can secure ownership, the 
lands will continue to be used as sites for fire stations and training. 
The Fire District is willing to trade the property it owns, an 
undeveloped inholding in Forest Service land, for the property under 
the stations. This is a simple and fair exchange that will serve the 
public good and help protect the local area from growing wildfire 
threats.
  The Fire District has made a strong, persistent, and good faith 
effort to acquire the land under the stations through administrative 
means by working with the Forest Service. Furthermore, the Fire 
District 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.
  To help facilitate this land exchange, I am introducing the Sugar 
Loaf Fire Station Land Exchange Act of 2011 today. This language is the 
same as what passed the Senate Energy and Natural Resources Committee 
in the last Congress.
  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. This land resides between the 
communities of Boulder and Nederland in an unincorporated part of 
Boulder County within the boundaries of the Arapaho-Roosevelt National 
Forest. 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.
  This is a relatively minor bill but one that is important to the 
Sugar Loaf Fire District and the people it serves. As public lands 
bills pile up in Congress because of ideological obstruction, this fire 
district is being forced into wasting time and money trying to resolve 
an otherwise commonsense and technical public lands fix. I think this 
bill deserves enactment without unnecessary delay.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 278

       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 of 2011''.

     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--

[[Page S548]]

       (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.
                                 ______