[Senate Report 111-131]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 281
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-131

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



 
         SUGAR LOAF FIRE PROTECTION DISTRICT LAND EXCHANGE ACT

                                _______
                                

                 March 2, 2010.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 555]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 555) 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, reports favorably thereon with an 
amendment and recommends 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 of 2009''.

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

    The purpose of S. 555 is to provide for the exchange or 
sale of certain land located in the Arapaho-Roosevelt National 
Forests in the State of Colorado.

                          BACKGROUND AND NEED

    The Sugar Loaf Fire Protection District (``District'') owns 
two fire stations located on separate parcels totaling 
approximately 5 acres of Federal land in the Arapaho-Roosevelt 
National Forest. The stations were constructed pursuant to 
special use permits originally issued decades ago, but they are 
not presently in compliance with those permits. The District 
would like to acquire the Federal land to facilitate an 
expansion of its facilities and increase the flexibility in its 
training and other operations on the property. The District has 
proposed exchanging an approximately 5-acre inholding that it 
owns in the national forest for the approximately 5 acres of 
land on which its fire stations are located. S. 555 would 
facilitate that exchange and, as an alternative, authorize the 
Secretary of Agriculture to sell the Federal land to the 
District for fair market value.

                          LEGISLATIVE HISTORY

    S. 555 was introduced by Senators Udall and Bennet of 
Colorado on March 10, 2009. The Subcommittee on Public Lands 
and Forests held a hearing on the bill on October 29, 2009. At 
its business meeting on December 16, 2009, the Committee on 
Energy and Natural Resources ordered S. 555 favorably reported 
with an amendment in the nature of a substitute.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on December 16, 2009, by a voice vote of a 
quorum present, recommends that the Senate pass S. 555, if 
amended as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of S. 555, the Committee adopted 
an amendment in the nature of a substitute. The substitute 
includes a number of clarifying and simplifying amendments and 
addresses a number of concerns raised by the Administration. 
The substitute amendment is explained in detail in the section-
by-section analysis, below.

                      SECTION-BY-SECTION ANALYSIS

    Sections 1 and 2 provide the short title and definitions 
for the bill.
    Section 3(a)-(d) provides for the conveyance of 
approximately 5.08 acres of National Forest land to the 
District in exchange for approximately 5.17 acres of non-
Federal land within the National Forests that currently are 
owned by the District. The exchange shall be carried out in 
accordance with section 206 of the Federal Land Policy and 
Management Act, except that the Secretary may accept a cash 
equalization payment in excess of 25 percent of the value of 
the Federal land.
    Subsection (e) authorizes the Secretary to sell the Federal 
land to the District for fair market value if an exchange is 
not completed within 1 year after the date of enactment of the 
bill.
    Subsections (f), (g) and (h) provide for the disposition of 
any proceeds by the Secretary resulting from the exchange or 
sale of the Federal land, the incorporation and management of 
any land received by the Secretary, and the revocation and 
imposition of withdrawals for the Federal land and non-Federal 
land, respectively.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 555--Sugar Loaf Fire Protection District Land Exchange Act of 2009

    S. 555 would authorize the exchange of about 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 that would be 
affected by the bill could be disposed of (by either of the 
methods authorized by S. 555) under existing law. Enacting the 
bill would not affect direct spending or revenues.
    The bill 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.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 555.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 555, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 555, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in rule XLIV of the Standing Rules 
of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The views of the Administration were included in testimony 
received by the Committee at a hearing on S. 555 on October 29, 
2009, which is printed below.

   Statement of Joel Holtrop, Deputy Chief, National Forest System, 
                       Department of Agriculture

    Mr. Chairman, Ranking Member Barrasso, and Members of the 
Subcommittee, I appreciate the opportunity to appear before you 
today to provide the Department's views on S. 555, regarding 
the exchange of certain lands in the Arapaho National Forest.
    S. 555 would provide for the exchange or sale of two 
federal parcels within the boundaries of the Arapaho National 
Forest in Colorado to the Sugar Loaf Fire Protection District 
(SLFPD). A portion of one parcel is under special-use permit 
for a fire station. The other was under a similar permit that 
has expired. The bill allows the SLFPD to make modifications to 
the permitted area in the interim period between enactment and 
conveyance without further authorization by the Secretary of 
Agriculture.
    The Department supports S. 555, but would like to work with 
bill sponsors and the Committee on some minor modifications to 
the bill. The Department supports the work of the SLFPD and its 
efforts to improve facilities to more effectively deliver 
services. The federal lands proposed for conveyance have lost 
their national forest character due to past permitted 
activities and are better suited to private ownership. The 
lands proposed for conveyance to the United States have 
suitable national forest character and could contribute to 
increased management efficiency.
    However, we are concerned that the 120-day timeline is not 
adequate to ensure compliance with all statutory requirements, 
including National Environmental Policy Act, the Endangered 
Species Act, the Antiquities Act of 1906, and myriad other laws 
requiring compliance prior to conveyance of federal lands. We 
suggest that a year is a realistic timeframe to complete all 
requirements.
    The Department does not support the provisions of Sec. 
4(e), which allow the SLFPD to modify the fire stations located 
on federal lands during the period between enactment of the Act 
and completion of the land exchange without any additional 
authorization from the Department. We are confident that given 
a reasonable timeframe for completion of a 131 conveyance, the 
Forest Service can work with the SLFPD to accommodate any 
confirmed construction plans, negating the need for this 
provision.
    Mr. Chairman and Members of the Subcommittee, this 
concludes my prepared statement. I am happy to answer any 
questions that you or Members of the Committee may have.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by S. 555, as ordered 
reported.

                                  
