I 

111TH CONGRESS 

1ST SESSION 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. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 23, 2009 

Mr. POLIS of Colorado introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To provide for the exchange of certain land located in the 

Arapaho-Roosevelt National Forests in the State of Colorado, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Sugar Loaf Fire Pro5 tection District Land Exchange Act of 2009’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) since 1967, the Sugar Loaf Fire Protection 

9 District, located west of Boulder, Colorado, has 

10 owned and operated 2 fire stations on National ForVerDate Nov 24 2008 23:03 Oct 23, 2009 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3923.IH H3923

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1 est System land pursuant to special use permits 

2 issued by the Forest Service; 

3 (2) the District seeks ownership of the land on 

4 which the fire stations are located to enable the Dis5 trict— 

6 (A) to establish an area for firefighter 

7 training; 

8 (B) to install bathroom facilities in each 

9 fire station; and 

10 (C) to expand each fire station in the fu11 ture; 

12 (3) the National Forest System land on which 

13 each fire station is located— 

14 (A) consists of approximately 5.08 acres; 

15 and 

16 (B) is of limited utility for public adminis17 tration, recreation, or any other use because the 

18 land has been occupied by the fire stations for 

19 30 years; 

20 (4) the District owns a parcel of non-Federal 

21 land consisting of approximately 5.17 acres that the 

22 District is willing to convey to the United States in 

23 exchange for the parcel of National Forest System 

24 land on which the fire stations are located; 


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1 (5) the non-Federal land offered by the Dis2 trict— 

3 (A) is suitable for addition to the Arapaho4 Roosevelt National Forests; and 

5 (B) if conveyed to the United States, 

6 will— 

7 (i) eliminate an isolated inholding in 

8 the National Forest System land; 

9 (ii) result in administrative cost sav10 ings to the United States by reducing costs 

11 relating to forest boundary administration; 

12 and 

13 (iii) provide to the United States envi14 ronmental and public recreational use ben15 efits that will greatly exceed the benefits 

16 provided by the National Forest System 

17 land on which the fire stations are located; 

18 and 

19 (6) it is in the public interest to direct, expe20 dite, and facilitate completion of a land exchange in21 volving the Federal and non-Federal land to enable 

22 the District to better provide fire protection services 

23 to— 

24 (A) residents of the District; 

25 (B) residents of neighboring districts; and 


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1 (C) individuals who travel through— 

2 (i) the District on Colorado Highway 

3 119; and 

4 (ii) National Forest System land that 

5 is located within, or adjacent to, the Dis6 trict. 

7 SEC. 3. DEFINITIONS. 

8 In this Act: 

9 (1) DISTRICT.—The term ‘‘District’’ means the 

10 Sugar Loaf Fire Protection District of Boulder, Col11 orado. 

12 (2) FEDERAL LAND.—The term ‘‘Federal land’’ 

13 means the parcel of approximately 5.08 acres of 

14 Federal land that is— 

15 (A) located in the National Forest; and 

16 (B) depicted on the maps entitled ‘‘Sugar 

17 Loaf Federal Lands—Station 1’’ and ‘‘Sugar 

18 Loaf Federal Lands—Station 2’’ dated Novem19 ber, 2006. 

20 (3) NATIONAL FOREST.—The term ‘‘National 

21 Forest’’ means the Arapaho-Roosevelt National For22 ests located in the State of Colorado. 

23 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed24 eral land’’ means the parcel of approximately 5.17 

25 acres of non-Federal land that is— 


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1 (A) located— 

2 (i) in unincorporated Boulder County, 

3 Colorado; and 

4 (ii) between the communities of Boul5 der and Nederland, Colorado; and 

6 (B) depicted on the map entitled ‘‘Non7 Federal Lands—Hibernian Load’’ and dated 

8 November, 2006. 

9 (5) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of Agriculture. 

11 SEC. 4. LAND EXCHANGE. 

12 (a) IN GENERAL.—If, not later than 30 days after 

13 the date of enactment of this Act, the District offers to 

14 convey to the Secretary all right, title, and interest of the 

15 District in and to the non-Federal land, and the offer is 

16 acceptable to the Secretary— 

17 (1) the Secretary shall accept the offer; and 

18 (2) on receipt of acceptable title in and to the 

19 non-Federal land, the Secretary shall convey to the 

20 District all right, title, and interest of the United 

21 States in and to the Federal land. 

22 (b) APPRAISALS; EQUALIZATION.— 

23 (1) APPRAISALS.— 


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1 (A) IN GENERAL.—The Federal land and 

2 non-Federal land shall be appraised by an inde3 pendent appraiser selected by the Secretary. 

4 (B) REQUIREMENTS.— 

5 (i) STANDARDS.—An appraisal con6 ducted under subparagraph (A) shall be 

7 conducted in accordance with— 

8 (I) the Uniform Appraisal Stand9 ards for Federal Land Acquisitions 

10 developed by the Interagency Land 

11 Acquisition Conference; and 

12 (II) the Uniform Standards of 

13 Professional Appraisal Practice. 

14 (ii) ENCUMBRANCE.—The inde15 pendent appraiser selected by the Sec16 retary under subparagraph (A) shall not 

17 consider the encumbrance described in sub18 section (e) during the conduct of an ap19 praisal under subparagraph (A). 

20 (2) EQUALIZATION.—If the values of the Fed21 eral land and the non-Federal land to be conveyed 

22 in the land exchange under subsection (a) are not 

23 equal, the values may be equalized by— 

24 (A) the Secretary making a cash equali25 zation payment to the District (including a cash 


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1 equalization payment the amount of which is 

2 greater than the amount authorized by section 

3 206(b) of the Federal Land Policy and Manage4 ment Act of 1976 (43 U.S.C. 1716(b)); 

5 (B) the District making a cash equali6 zation payment to the Secretary; 

7 (C) reducing the acreage of the Federal 

8 land or the non-Federal land to be exchanged, 

9 as appropriate; or 

10 (D) any combination of— 

11 (i) a cash equalization payment de12 scribed in subparagraph (A) or (B), as ap13 propriate; and 

14 (ii) a reduction of acreage of the Fed15 eral land or the non-Federal land described 

16 in subparagraph (C), as appropriate. 

17 (c) CONDITION OF EXCHANGE.—As a condition of 

18 the land exchange under subsection (a), to expedite the 

19 land exchange and reduce the administrative costs of the 

20 land exchange to the United States, the District shall pay 

21 each cost relating to— 

22 (1) each necessary land survey of the Federal 

23 and non-Federal land; and 

24 (2) each appraisal conducted by the inde25 pendent appraiser under subsection (b)(1). 


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1 (d) DEADLINE FOR COMPLETION OF LAND EX2 CHANGE.—It is the intent of Congress that the land ex3 change under subsection (a) shall be completed not later 

4 than 120 days after the date of enactment of this Act. 

5 (e) INTERIM USE OF FEDERAL LAND.— 

6 (1) IN GENERAL.—Subject to paragraph (2), 

7 during the period beginning on the date of enact8 ment of this Act and ending on the date of comple9 tion of the land exchange under subsection (a), the 

10 District may carry out modifications to each fire sta11 tion located on the Federal land without further ac12 tion or authorization by the Secretary. 

13 (2) INDEMNIFICATION REQUIREMENT.—Before 

14 the conduct of any modification described in para15 graph (1), the District shall enter into a written 

16 agreement with the Secretary, with respect to the 

17 period described in that paragraph— 

18 (A) to hold the United States harmless for 

19 any liability arising from the conduct of any 

20 modification; and 

21 (B) to indemnify the United States against 

22 any cost arising from— 

23 (i) the ownership by the United States 

24 of the Federal land; and 


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1 (ii) any action of the District (includ2 ing any employee, licensee, or agent of the 

3 District) in carrying out any modification 

4 or other action on the Federal land. 

5 (f) AUTHORITY OF SECRETARY TO CONDUCT SALE

6 OF FEDERAL LAND.— 

7 (1) IN GENERAL.—In accordance with para8 graph (2), if the land exchange under subsection (a) 

9 is not completed by the date described in that sub10 section for any reason, the Secretary may offer to 

11 sell to the District the Federal land. 

12 (2) VALUE OF FEDERAL LAND.—The Secretary 

13 may offer to sell to the District the Federal land for 

14 an amount equal to the value for which the Federal 

15 land is appraised under subsection (b)(1). 

16 (g) DISPOSITION OF PROCEEDS.— 

17 (1) IN GENERAL.—The Secretary shall deposit 

18 in the fund established under Public Law 90–171 

19 (commonly known as the ‘‘Sisk Act’’) (16 U.S.C. 

20 484a) any amount received by the Secretary as the 

21 result of— 

22 (A) a sale carried out under subsection 

23 (f)(1); and 

24 (B) any cash equalization payment under 

25 subsection (b)(2)(B). 


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1 (2) USE OF PROCEEDS.—Amounts deposited 

2 under paragraph (1) shall be available to the Sec3 retary, without further appropriation and until ex4 pended, for the acquisition of real property or inter5 ests in real property for inclusion in the portion of 

6 the National Forest System located in the State of 

7 Colorado. 

8 (h) INCORPORATION, MANAGEMENT, AND STATUS OF

9 ACQUIRED LAND.— 

10 (1) INCORPORATION; MANAGEMENT.—The non11 Federal land acquired by the Secretary under this 

12 section shall— 

13 (A) become part of the National Forest; 

14 and 

15 (B) be managed in accordance with each 

16 law applicable to the National Forest System 

17 (including regulations). 

18 (2) BOUNDARY OF NATIONAL FOREST.— 

19 (A) IN GENERAL.—The boundary of the 

20 National Forest is modified in accordance with 

21 the acquisition of the non-Federal land under 

22 this section. 

23 (B) LAND AND WATER CONSERVATION

24 FUND.—For the purposes of section 7 of the 

25 Land and Water Conservation Fund Act of 


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1 1965 (16 U.S.C. 460l–9), the boundary of the 

2 National Forest, as adjusted by subparagraph 

3 (A), shall be considered to be the boundary of 

4 the National Forest as of January 1, 1965. 

5 (i) TECHNICAL CORRECTIONS WITH RESPECT TO

6 MAPS.— 

7 (1) IN GENERAL.—Subject to the agreement of 

8 the District, the Secretary may— 

9 (A) make minor corrections to correct 

10 technical and clerical errors in the maps de11 scribed in section 3; and 

12 (B) adjust the boundary of the National 

13 Forest to ensure the establishment of a bound14 ary that the Secretary determines could be ef15 fectively managed. 

16 (2) DISCREPANCIES.—Subject to the agreement 

17 of the Secretary and the District, if there is a dis18 crepancy between a map, acreage estimate, and legal 

19 or other description of the land to be exchanged 

20 under subsection (a), the map shall prevail. 

21 (j) REVOCATION OF ORDERS; WITHDRAWAL.— 

22 (1) REVOCATION OF ORDERS.—Any public 

23 order withdrawing the Federal land from entry, ap24 propriation, or disposal under the public land laws 


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1 is revoked to the extent necessary to permit the con2 veyance of the Federal land to the District. 

3 (2) WITHDRAWAL.—On the date of enactment 

4 of this Act, if not already withdrawn or segregated 

5 from entry and appropriation under the public land 

6 laws (including the mining and mineral leasing laws) 

7 and the Geothermal Steam Act of 1970 (30 U.S.C. 

8 1001 et seq.), the Federal land is withdrawn until 

9 the date of the conveyance of the Federal land to the 

10 District. 

Æ 


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