[Congressional Record Volume 157, Number 195 (Saturday, December 17, 2011)]
[Senate]
[Page S8780]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SUGAR LOAF FIRE PROTECTION DISTRICT LAND EXCHANGE ACT OF 2011
Mr. REID. Mr. President, I ask the Chair lay to before the body a
message from the House.
The PRESIDING OFFICER laid before the Senate the following message:
S. 278
Resolved, That the bill from the Senate (S. 278) entitled
``An Act to provide for the exchange of certain land located
in the Arapaho-Roosevelt National Forests in the State of
Colorado, and for other purposes'', do pass with the
following 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.
(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.
Mr. REID. I ask unanimous consent the motion to concur in the House
amendment to S. 278 be agreed to, the motion to reconsider be laid upon
the table, with no intervening action or debate, and any statements be
printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
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