II 

Calendar No. 131 

112TH CONGRESS 

1ST SESSION S. 278 

[Report No. 112–51] 

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 SENATE OF THE UNITED STATES 

FEBRUARY 3, 2011 

Mr. UDALL of Colorado (for himself and Mr. BENNET) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

AUGUST 30 (legislative day, AUGUST 2), 2011 

Reported under authority of the order of the Senate of August 2, 2011, by 

Mr. BINGAMAN, without amendment 

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 2011’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

4 Sugar Loaf Fire Protection District of Boulder, Col5 orado. 

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

7 means— 

8 (A) the parcel of approximately 1.52 acres 

9 of land in the National Forest that is generally 

10 depicted on the map numbered 1, entitled 

11 ‘‘Sugarloaf Fire Protection District Proposed 

12 Land Exchange’’, and dated November 12, 

13 2009; and 

14 (B) the parcel of approximately 3.56 acres 

15 of land in the National Forest that is generally 

16 depicted on the map numbered 2, entitled 

17 ‘‘Sugarloaf Fire Protection District Proposed 

18 Land Exchange’’, and dated November 12, 

19 2009. 

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 in unincorporated Boulder 

26 County, Colorado, that is generally depicted on the 


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1 map numbered 3, entitled ‘‘Sugarloaf Fire Protec2 tion District Proposed Land Exchange’’, and dated 

3 November 12, 2009. 

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

5 the Secretary of Agriculture. 

6 SEC. 3. LAND EXCHANGE. 

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

8 Act, if the District offers to convey to the Secretary all 

9 right, title, and interest of the District in and to the non10 Federal land, and the offer is acceptable to the Sec11 retary— 

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

13 (2) on receipt of acceptable title to the non14 Federal land, the Secretary shall convey to the Dis15 trict all right, title, and interest of the United States 

16 in and to the Federal land. 

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

18 Land Policy and Management Act of 1976 (43 U.S.C. 

19 1716) shall apply to the land exchange authorized under 

20 subsection (a), except that— 

21 (1) the Secretary may accept a cash equali22 zation payment in excess of 25 percent of the value 

23 of the Federal land; and 

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

25 subsection (a), the District shall— 


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1 (A) pay each cost relating to any land sur2 veys and appraisals of the Federal land and 

3 non-Federal land; and 

4 (B) enter into an agreement with the Sec5 retary that allocates any other administrative 

6 costs between the Secretary and the District. 

7 (c) ADDITIONAL TERMS AND CONDITIONS.—The 

8 land exchange under subsection (a) shall be subject to— 

9 (1) valid existing rights; and 

10 (2) any terms and conditions that the Secretary 

11 may require. 

12 (d) TIME FOR COMPLETION OF LAND EXCHANGE.— 

13 It is the intent of Congress that the land exchange under 

14 subsection (a) shall be completed not later than 1 year 

15 after the date of enactment of this Act. 

16 (e) AUTHORITY OF SECRETARY TO CONDUCT SALE

17 OF FEDERAL LAND.— 

18 (1) IN GENERAL.—In accordance with para19 graph (2), if the land exchange under subsection (a) 

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

21 date of enactment of this Act, the Secretary may 

22 offer to sell to the District the Federal land. 

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

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

25 the fair market value of the Federal land. 


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1 (f) DISPOSITION OF PROCEEDS.— 

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

3 in the fund established under Public Law 90–171 

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

5 484a) any amount received by the Secretary as the 

6 result of— 

7 (A) any cash equalization payment made 

8 under subsection (b); and 

9 (B) any sale carried out under subsection 

10 (e). 

11 (2) USE OF PROCEEDS.—Amounts deposited 

12 under paragraph (1) shall be available to the Sec13 retary, without further appropriation and until ex14 pended, for the acquisition of land or interests in 

15 land in the National Forest. 

16 (g) MANAGEMENT AND STATUS OF ACQUIRED

17 LAND.—The non-Federal land acquired by the Secretary 

18 under this section shall be— 

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

20 National Forest; and 

21 (2) managed by the Secretary in accordance 

22 with— 

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

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

25 seq.); and 


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1 (B) any laws (including regulations) appli2 cable to the National Forest. 

3 (h) REVOCATION OF ORDERS; WITHDRAWAL.— 

4 (1) REVOCATION OF ORDERS.—Any public 

5 order withdrawing the Federal land from entry, ap6 propriation, or disposal under the public land laws 

7 is revoked to the extent necessary to permit the con8 veyance of the Federal land to the District. 

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

10 of this Act, if not already withdrawn or segregated 

11 from entry and appropriation under the public land 

12 laws (including the mining and mineral leasing laws) 

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

14 1001 et seq.), the Federal land is withdrawn until 

15 the date of the conveyance of the Federal land to the 

16 District. 


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Emcdonald on DSK2BSOYB1PROD with BILLS
Calendar No. 131 

112TH CONGRESS 

1ST SESSION S. 278 

[Report No. 112–51] 

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 

AUGUST 30 (legislative day, AUGUST 2), 2011 

Reported without amendment 


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