IB 

Union Calendar No. 298 

111TH CONGRESS 

2D SESSION H. R. 3923 

[Report No. 111–525] 

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 

JULY 13, 2010 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on October 23, 2009] 


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•HR 3923 RH

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. 


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•HR 3923 RH

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 Protec5 tion District Land Exchange Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

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

9 Sugar Loaf Fire Protection District of Boulder, Colo10 rado. 

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

12 means— 

13 (A) the parcel of approximately 1.52 acres 

14 of land in the National Forest that is generally 

15 depicted on the map numbered 1, entitled 

16 ‘‘Sugarloaf Fire Protection District Proposed 

17 Land Exchange’’, and dated November 12, 2009; 

18 and 

19 (B) the parcel of approximately 3.56 acres 

20 of land in the National Forest that is generally 

21 depicted on the map numbered 2, entitled 

22 ‘‘Sugarloaf Fire Protection District Proposed 

23 Land Exchange’’, and dated November 12, 2009. 


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

2 Forest’’ means the Arapaho-Roosevelt National For3 ests located in the State of Colorado. 

4 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed5 eral land’’ means the parcel of approximately 5.17 

6 acres of non-Federal land in unincorporated Boulder 

7 County, Colorado, that is generally depicted on the 

8 map numbered 3, entitled ‘‘Sugarloaf Fire Protection 

9 District Proposed Land Exchange’’, and dated No10 vember 12, 2009. 

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

12 the Secretary of Agriculture. 

13 SEC. 3. LAND EXCHANGE. 

14 (a) IN GENERAL.—Subject to the provisions of this 

15 Act, if the District offers to convey to the Secretary all right, 

16 title, and interest of the District in and to the non-Federal 

17 land, and the offer is acceptable to the Secretary— 

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

19 (2) on receipt of acceptable title to the non-Fed20 eral land, the Secretary shall convey to the District 

21 all right, title, and interest of the United States in 

22 and to the Federal land. 

23 (b) APPLICABLE LAW.—Section 206 of the Federal 

24 Land Policy and Management Act of 1976 (43 U.S.C. 1716) 


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•HR 3923 RH

1 shall apply to the land exchange authorized under sub2 section (a), except that— 

3 (1) the Secretary may accept a cash equalization 

4 payment in excess of 25 percent of the value of the 

5 Federal land; and 

6 (2) as a condition of the land exchange under 

7 subsection (a), the District shall— 

8 (A) pay each cost relating to any land sur9 veys and appraisals of the Federal land and 

10 non-Federal land; and 

11 (B) enter into an agreement with the Sec12 retary that allocates any other administrative 

13 costs between the Secretary and the District. 

14 (c) ADDITIONAL TERMS AND CONDITIONS.—The land 

15 exchange under subsection (a) shall be subject to— 

16 (1) valid existing rights; and 

17 (2) any terms and conditions that the Secretary 

18 may require. 

19 (d) TIME FOR COMPLETION OF LAND EXCHANGE.—It 

20 is the intent of Congress that the land exchange under sub21 section (a) shall be completed not later than 1 year after 

22 the date of enactment of this Act. 

23 (e) AUTHORITY OF SECRETARY TO CONDUCT SALE OF

24 FEDERAL LAND.— 


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1 (1) IN GENERAL.—In accordance with para2 graph (2), if the land exchange under subsection (a) 

3 is not completed by the date that is 1 year after the 

4 date of enactment of this Act, the Secretary may offer 

5 to sell to the District the Federal land. 

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

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

8 the fair market value of the Federal land. 

9 (f) DISPOSITION OF PROCEEDS.— 

10 (1) IN GENERAL.—The Secretary shall deposit in 

11 the fund established under Public Law 90–171 (com12 monly known as the ‘‘Sisk Act’’) (16 U.S.C. 484a) 

13 any amount received by the Secretary as the result 

14 of— 

15 (A) any cash equalization payment made 

16 under subsection (b); and 

17 (B) any sale carried out under subsection 

18 (e). 

19 (2) USE OF PROCEEDS.—Amounts deposited 

20 under paragraph (1) shall be available to the Sec21 retary, without further appropriation and until ex22 pended, for the acquisition of land or interests in 

23 land in the National Forest. 


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1 (g) MANAGEMENT AND STATUS OF ACQUIRED LAND.— 

2 The non-Federal land acquired by the Secretary under this 

3 section shall be— 

4 (1) added to, and administered as part of, the 

5 National Forest; and 

6 (2) managed by the Secretary in accordance 

7 with— 

8 (A) the Act of March 1, 1911 (commonly 

9 known as the ‘‘Weeks Law’’) (16 U.S.C. 480 et 

10 seq.); and 

11 (B) any laws (including regulations) appli12 cable to the National Forest. 

13 (h) REVOCATION OF ORDERS; WITHDRAWAL.— 

14 (1) REVOCATION OF ORDERS.—Any public order 

15 withdrawing the Federal land from entry, appropria16 tion, or disposal under the public land laws is re17 voked to the extent necessary to permit the conveyance 

18 of the Federal land to the District. 

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

20 this Act, if not already withdrawn or segregated from 

21 entry and appropriation under the public land laws 

22 (including the mining and mineral leasing laws) and 

23 the Geothermal Steam Act of 1970 (30 U.S.C. 1001 

24 et seq.), the Federal land is withdrawn until the date 

25 of the conveyance of the Federal land to the District. 


emcdonald on DSK2BSOYB1PROD with BILLS
Union Calendar No. 298 

111TH CONGRESS 

2D SESSION H. R. 3923 

[Report No. 111–525] 

A BILL 

To provide for the exchange of certain land located 

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

JULY 13, 2010 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


emcdonald on DSK2BSOYB1PROD with BILLS