[House Report 111-525]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-525

======================================================================



 
         SUGAR LOAF FIRE PROTECTION DISTRICT LAND EXCHANGE ACT

                                _______
                                

 July 13, 2010.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3923]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred 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, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.

                          PURPOSE OF THE BILL

    The purpose of H.R. 3923 is to provide for the exchange of 
certain land located in the Arapaho-Roosevelt National Forests 
in the State of Colorado.

                  BACKGROUND AND NEED FOR LEGISLATION

    Since 1967, the Forest Service has issued two special use 
permits to the Sugar Loaf Fire Protection District (District) 
to own and operate two fire stations on National Forest System 
land. The District would like to own the parcels 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 also like the option to expand the fire 
stations in the future.
    H.R. 3923 authorizes the District and the Secretary of 
Agriculture to conduct a land exchange. The District would 
receive approximately 5.08 acres of federal land on which the 
fire stations sit, and the Forest Service would receive land of 
equal value from the District. The land proposed by the 
legislation to be acquired by the Forest Service is currently 
an inholding owned by the Sugar Loaf Fire Protection District 
within the Arapaho and Roosevelt National Forests.

                            COMMITTEE ACTION

    H.R. 3923 was introduced on October 23, 2009 by 
Representative Jared Polis (D-CO). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on National Parks, Forests and Public Lands. At an 
April 27th, 2010, hearing before the Subcommittee, a 
representative from the Department of Agriculture testified in 
favor of the bill, provided that the time line was modified and 
other technical corrections were made.
    On June 16th, 2010, the Subcommittee was discharged from 
further consideration of H.R. 3923 and the full Natural 
Resources Committee met to consider the bill. Subcommittee 
Chairman Raul Grijalva (D-AZ) offered an amendment in the 
nature of a substitute to clarify the terms of the land 
exchange and to address other technical suggestions offered by 
the administration. The amendment in the nature of a substitute 
was agreed to by unanimous consent. The bill, as amended, was 
then ordered favorably reported to the House of Representatives 
by unanimous consent.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article IV, section 3, of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that Rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to provide for the exchange of 
certain land located in the Arapaho-Roosevelt National Forests 
in the State of Colorado, and for other purposes.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 3923--Sugar Loaf Fire Protection District Land Exchange Act

    H.R. 3923 would authorize the exchange of approximately 
five acres of federal land for a similar amount of acreage 
owned by the Sugar Loaf Fire Protection District of Boulder, 
Colorado. If the land exchange does not occur within one year, 
the federal land could be sold to the district and the proceeds 
could be spent without further appropriation.
    Based on information provided by the Forest Service, which 
administers the federal land to be conveyed, CBO estimates that 
implementing the bill would have no effect on the federal 
budget. The federal land could be disposed of (by either of the 
methods authorized by H.R. 3923) under existing law. Enacting 
this bill would not affect direct spending or revenues; 
therefore, pay-as-you-go procedures would not apply.
    H.R. 3923 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments. 
The land conveyance authorized in the bill would benefit the 
fire protection district. Any costs to the district would be 
incurred voluntarily.
    On January 21, 2010, CBO transmitted a cost estimate for S. 
555, the Sugar Loaf Fire Protection District Land Exchange Act 
of 2009, as ordered reported by the Senate Committee on Energy 
and Natural Resources on December 16, 2009. S. 555 and H.R. 
3923 are nearly identical, and the estimated costs are the 
same.
    The CBO staff contacts for this estimate are Alan Eder and 
Deborah Reis. The estimate was approved by Theresa Gullo, 
Deputy Assistant Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 3923 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  
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