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[House Report 112-161]
[From the U.S. Government Publishing Office]

112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-161

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         SUGAR LOAF FIRE PROTECTION DISTRICT LAND EXCHANGE ACT

                                _______
                                

 July 20, 2011.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 643]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 643) 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) 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.
  (g) 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. 643, as ordered reported, 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 U.S. 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. The District has 
tried, unsuccessfully, since 1997 to have the lands that these 
two fire stations operate on administratively transferred to it 
under the Small Tracts Act. Having exhausted this process, 
legislative action is needed to effect the change.
    H.R. 643 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 U.S. 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. 643 was introduced on February 10, 2011, by 
Congressman 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. On 
May 4, 2011, the Subcommittee on National Parks, Forests and 
Public Lands held a hearing on the bill. On June 15, 2011, the 
Full Resources Committee met to consider the bill. The 
Subcommittee on National Parks, Forests and Public Lands was 
discharged by unanimous consent. Congressman Rob Bishop (R-UT) 
offered an amendment to make a small technical correction to 
the bill. The amendment was adopted 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.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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. 643--Sugar Loaf Fire Protection District Land Exchange Act

    H.R. 643 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. 
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 H.R. 643 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 
deposited in the United States Treasury.
    H.R. 643 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 Jeff LaFave. The 
estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.
    2. Section 308(a) of 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. Enacting H.R. 643 
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 deposited in the United 
States Treasury.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                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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