[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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