[Senate Report 112-51]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 131
112th Congress                                                   Report
                                 SENATE
 1st Session                                                     112-51

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



 
         SUGAR LOAF FIRE PROTECTION DISTRICT LAND EXCHANGE ACT

                                _______
                                

  August 30 (legislative day, August 2), 2011.--Ordered to be printed

  Filed, under authority of the order of the Senate of August 2, 2011

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 278]

    The Committee on Energy and Natural Resources, to which was 
referred 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, having 
considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                PURPOSE

    The purpose of S. 278 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 five acres of Federal land in the Arapaho-
Roosevelt National Forests. 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 five-
acre inholding that it owns in the national forest for the 
approximately five acres of land on which its fire stations are 
located. S. 278 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 and use the 
proceeds for land acquisition in the National Forests.

                          LEGISLATIVE HISTORY

    S. 278 was introduced by Senators Udall and Bennet of 
Colorado on February 3, 2011. The Subcommittee on Public Lands 
and Forests held a hearing on S. 278 on May 18, 2011 (S. Hrg. 
112-39). At its business meeting on July 14, 2011, the 
Committee on Energy and Natural Resources ordered S. 278 
favorably reported without amendment. In the 111th Congress, 
identical bills to S. 278 were reported by the Committee (S. 
555; S. Rept. 111-131) and passed by the House of 
Representatives (H.R. 3923, as amended, by voice vote on July 
13, 2010), but the Senate took no further action on either 
bill.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on July 14, 2011, by a voice vote of a quorum 
present, recommends that the Senate pass S. 278.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 provides the short title for the bill.
    Section 2 provides the definitions for the bill, including 
definitions describing the two parcels of National Forest 
System land and the parcel of non-Federal land that would be 
involved in the exchange.
    Section 3(a) 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.
    Subsection (b) requires the exchange to comply with the 
provisions of section 206 of the Federal Land Policy and 
Management Act (16 U.S.C. 1716), except that the District is 
required to pay the reasonable costs of any land surveys and 
appraisals that are required and that the Secretary may accept 
a cash equalization payment in excess of 25 percent of the 
value of the Federal land.
    Subsection (c) provides that the exchange shall be subject 
to any valid existing rights and such terms and conditions as 
the Secretary may require.
    Subsection (d) expresses the intent of Congress that the 
exchange proceed expeditiously--within one year after the date 
of enactment of the bill.
    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. 278--Sugar Loaf Fire Protection District Land Exchange Act of 2011

    S. 278 would authorize the exchange of approximately 5 
acres of federal land for a similar amount of acreage owned by 
the Sugar Loaf Fire Protection District of Boulder, Colorado. 
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 impact on discretionary 
spending. Any administrative costs related to the exchange 
would be paid by the Sugar Loaf Fire Protection District.
    Enacting S. 278 could increase offsetting receipts (a 
credit against direct spending); therefore, pay-as-you-go 
procedures apply. Because the nonfederal lands have a lower 
value than the Forest Service lands that would be conveyed, CBO 
expects that the Sugar Loaf Fire Protection District would 
provide a cash payment to the agency equal to the difference in 
values between the two parcels of land. Based on information 
from the Forest Service, CBO estimates that such a payment 
would be less than $50,000. Proceeds from the payment would be 
retained and spent by the Forest Service without further 
appropriation.
    S. 278 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 June 27, 2011, CBO transmitted a cost estimate for H.R. 
643, the Sugar Loaf Fire Protection District Land Exchange Act, 
as ordered reported by the House Committee on Natural Resources 
on June 15, 2011. Under H.R. 643, proceeds received by the 
Forest Service as part of the land exchange would be deposited 
in the Treasury. Under S. 278, the agency would retain those 
proceeds and spend them without further appropriation. Neither 
piece of legislation would have a significant impact on the 
federal budget.
    The CBO staff contact for this estimate is Jeff LaFave. 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. 278.
    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. 278, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 278, as ordered 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 testimony provided by the Forest Service at the May 18, 
2011, hearing on S. 278 follows.

Statement of Mary Wagner, Associate Chief, Forest Service Department of 
                              Agriculture

    Mr. Chairman and Members of the Subcommittee, I am Mary 
Wagner, Associate Chief for the U.S. Forest Service. Thank you 
for the opportunity to appear before you to provide the views 
of the U.S. Department of Agriculture on S. 278.
    The Department supports this legislation and wishes to 
thank the Members of the Committee for addressing the concerns 
expressed when we testified on the bill under consideration in 
the last Congress.
    S. 278 would provide for the exchange or sale of two 
parcels of National Forest System lands, totaling 5.08 acres, 
within the boundaries of the Arapaho National Forest in 
Colorado to the Sugar Loaf Fire Protection District (SLFPD). A 
portion of one parcel is currently being used by SLFPD as a 
fire station under special use permit. The other parcel was 
under a similar permit that has expired.
    The National Forest System lands proposed for conveyance 
have lost their national forest character. The lands that would 
be conveyed to the United States have suitable national forest 
character and would contribute to increased management 
efficiency. In addition, thanks in large part to previous work 
that has been done between the Forest Service (Arapaho-
Roosevelt National Forest) and the Sugar Loaf Fire Protection 
District, we believe that the Forest Service and SLFPD will 
meet Congress' intent to have the parcels exchanged within one 
year.
    The Department supports the work of the SLFPD and its 
efforts to improve its facilities to deliver services more 
effectively. We view S. 278 as both benefitting management of 
the Arapaho National Forest and promoting emergency services in 
the fire protection district.
    Mr. Chairman, Ranking Member and Members of the 
Subcommittee, this concludes my testimony. I'll be happy to 
answer any of your questions.

                        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 the bill S. 278, as ordered 
reported.


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