[Congressional Record Volume 157, Number 192 (Wednesday, December 14, 2011)]
[House]
[Pages H8950-H8952]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     SUGAR LOAF FIRE PROTECTION DISTRICT LAND EXCHANGE ACT OF 2011

  Mr. HASTINGS of Washington. Mr. Speaker, I move to suspend the rules 
and pass the bill (S. 278) 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 amendment is as follows:

       Amendment:
  Strike out all after the enacting clause and insert:

     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--
       (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.

[[Page H8951]]

       (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 System.
       (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 gentleman from 
Washington (Mr. Hastings) and the gentleman from the Northern Mariana 
Islands (Mr. Sablan) each will control 20 minutes.
  The Chair recognizes the gentleman from Washington.


                             General Leave

  Mr. HASTINGS of Washington. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days 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 
gentleman from Washington?
  There was no objection.
  Mr. HASTINGS of Washington. Mr. Speaker, I yield myself such time as 
I may consume.
  S. 278 will exchange approximately 5 acres of land between the Forest 
Service and the Sugar Loaf Fire Protection District in Colorado. The 
District has operated two fire stations on Forest Service land since 
1967 but has been unable to install septic services or make other 
improvements to the fire stations since it does not own the land.
  This bill would correct this issue by conveying the lands to the 
District in exchange for an inholding it currently owns within the 
Arapaho-Roosevelt National Forest, at no cost to the Federal 
Government. The Committee on Natural Resources has already favorably 
reported the House version of this bill, H.R. 643, and if we pass this 
bill, the bill will go to the President's desk.
  With that, I urge adoption of the measure and reserve the balance of 
my time.
  Mr. SABLAN. Mr. Speaker, I yield myself such time as I may consume.
  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. The land exchange authorized in this legislation 
will assist the Fire District in its mission and is in the public 
interest. I support passage of this measure.
  Mr. Speaker, the gentleman from Colorado, Congressman Polis, 
sponsored the House companion to this legislation, H.R. 643. I commend 
Congressman Polis for his work on this bill and wish to yield him such 
time as he may consume.
  Mr. POLIS. I thank the gentleman.
  Mr. Speaker, I rise today to provide a description and some color for 
this important bill, which passed this body last session in the 111th 
Congress without any objection and did not make it through the Senate 
last session.
  Well, I am proud to say that, since that point, Senate bill 278 has 
cleared the Senate. It's the companion to my bill, H.R. 643. There are 
some minor changes to comply with House rules that are going to be sent 
back to the Senate, and we sure hope that, expeditiously, we can get 
this bill to President Obama's desk because what we're trying to 
accomplish here is very simple and noncontroversial.
  It's the result of a longtime effort, far too long, by the Sugar Loaf 
Fire Protection District in Sugar Loaf, Colorado. This Fire Protection 
District came to national notice for their heroic efforts in the 
Fourmile Canyon Fire last year, which, remarkably, while it led to 
considerable property damage led to no loss of life, thanks in no small 
part to their heroic efforts.
  Sugar Loaf Fire Protection District and the U.S. Forest Service have 
always worked together very closely since the Fire District was created 
in 1967. The volunteer first responders at the Sugar Loaf Fire 
Protection District are the key to both wildland and residential fires 
in Boulder County, as well as car accidents and health emergencies in 
the communities and public lands that they so capably serve.
  However, until this bill becomes law, they're unable to make any 
improvements to their facility. They can't even add a much-needed 
restroom facility so that their volunteers can have the same type of 
plumbing that we can expect in this day and age.
  In its start, again, since 1967, 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, another special use permit, both in important locations 
for accessibility on the few main roads that serve this mountainous 
area.
  This bill will exchange the small amount of Federal land on which 
these facilities exist with private land that's been purchased by the 
Fire District for this transfer, land that's better suited for the 
scenic and recreational needs of the public lands. It's a net gain for 
our Federal Government.
  While the U.S. Forest Service and these special use permits have been 
greatly appreciated over the 40-year history, it's important that the 
Fire District has the autonomy to direct its future, modernize its 
facilities, build basic amenities like running water and restrooms. And 
their location on public land has precluded them from making these 
modernizations, which we need to better protect both our wildlands and 
residential areas.

  The surrounding communities have grown considerably over the past 
decades, and these volunteer fire departments and the buildings that 
serve them have taken on additional responsibilities as community 
meeting centers, making it even more critical that we update them to 
facilitate this role.
  Mr. Speaker, I appreciate Chairman Hastings' and Ranking Member 
Markey's efforts in bringing this bill to the floor, hopefully seeing 
this bill through to law soon. This bill's been passed out of both 
Chambers of Congress now, but just hasn't been able to make it past the 
finish line within a single Congress in one form, barely running out of 
time in the Senate last year.
  By the House agreeing to take up the Senate bill, I'm confident and 
thankful that this commonsense bill will finally become law.
  Again, I thank Chairman Hastings and Ranking Member Markey for 
bringing this bill to the floor. I urge a ``yes'' vote on this measure.
  Mr. HASTINGS of Washington. Mr. Speaker, I yield myself such time as 
I may consume.
  I just note to my friend from Colorado, he said that the bill passed 
the House last year and the Senate didn't act on it. I think it's very 
good strategy on his part to take the Senate bill. Now we, of course, 
have to perfect it, but we'll send it back and maybe this will be 
easier for them to act. I certainly hope so.
  With that, I urge passage of the bill.
  I advise my friend that I am prepared to yield back if he yields 
back.
  Mr. SABLAN. Mr. Speaker, I yield back the balance of my time.
  Mr. HASTINGS of Washington. Mr. Speaker, I again urge adoption of 
this bill, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Washington (Mr. Hastings) that the House suspend the

[[Page H8952]]

rules and pass the bill, S. 278, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. HASTINGS of Washington. Mr. Speaker, I object to the vote on the 
ground that a quorum is not present and make the point of order that a 
quorum is not present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.
  The point of no quorum is considered withdrawn.

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