99–010 

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 

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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. 

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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. 

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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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