[Senate Report 111-131]
[From the U.S. Government Publishing Office]
Calendar No. 281
111th Congress Report
SENATE
2d Session 111-131
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SUGAR LOAF FIRE PROTECTION DISTRICT LAND EXCHANGE ACT
_______
March 2, 2010.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 555]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 555) 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 with an
amendment and recommends 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 of 2009''.
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) Disposition of Proceeds.--
(1) In general.--The Secretary shall deposit in the fund
established under Public Law 90-171 (commonly known as the
``Sisk Act'') (16 U.S.C. 484a) any amount received by the
Secretary as the result of--
(A) any cash equalization payment made under
subsection (b); and
(B) any sale carried out under subsection (e).
(2) Use of proceeds.--Amounts deposited under paragraph (1)
shall be available to the Secretary, without further
appropriation and until expended, for the acquisition of land
or interests in land in the National Forest.
(g) 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.
(h) 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
The purpose of S. 555 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 5 acres of Federal land in the Arapaho-Roosevelt
National Forest. 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 5-acre inholding that it
owns in the national forest for the approximately 5 acres of
land on which its fire stations are located. S. 555 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.
LEGISLATIVE HISTORY
S. 555 was introduced by Senators Udall and Bennet of
Colorado on March 10, 2009. The Subcommittee on Public Lands
and Forests held a hearing on the bill on October 29, 2009. At
its business meeting on December 16, 2009, the Committee on
Energy and Natural Resources ordered S. 555 favorably reported
with an amendment in the nature of a substitute.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on December 16, 2009, by a voice vote of a
quorum present, recommends that the Senate pass S. 555, if
amended as described herein.
COMMITTEE AMENDMENT
During its consideration of S. 555, the Committee adopted
an amendment in the nature of a substitute. The substitute
includes a number of clarifying and simplifying amendments and
addresses a number of concerns raised by the Administration.
The substitute amendment is explained in detail in the section-
by-section analysis, below.
SECTION-BY-SECTION ANALYSIS
Sections 1 and 2 provide the short title and definitions
for the bill.
Section 3(a)-(d) 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. The exchange shall be carried out in
accordance with section 206 of the Federal Land Policy and
Management Act, except that the Secretary may accept a cash
equalization payment in excess of 25 percent of the value of
the Federal land.
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.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 555--Sugar Loaf Fire Protection District Land Exchange Act of 2009
S. 555 would authorize the exchange of about five acres of
federal land for a similar amount of acreage owned by the Sugar
Loaf Fire Protection District of Boulder, Colorado. If the land
exchange does not occur within one year, the federal land could
be sold to the district and the proceeds could be spent without
further appropriation. 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 effect on the federal budget. The federal land that would be
affected by the bill could be disposed of (by either of the
methods authorized by S. 555) under existing law. Enacting the
bill would not affect direct spending or revenues.
The bill 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 Deborah Reis.
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. 555.
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. 555, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 555, as 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 views of the Administration were included in testimony
received by the Committee at a hearing on S. 555 on October 29,
2009, which is printed below.
Statement of Joel Holtrop, Deputy Chief, National Forest System,
Department of Agriculture
Mr. Chairman, Ranking Member Barrasso, and Members of the
Subcommittee, I appreciate the opportunity to appear before you
today to provide the Department's views on S. 555, regarding
the exchange of certain lands in the Arapaho National Forest.
S. 555 would provide for the exchange or sale of two
federal parcels within the boundaries of the Arapaho National
Forest in Colorado to the Sugar Loaf Fire Protection District
(SLFPD). A portion of one parcel is under special-use permit
for a fire station. The other was under a similar permit that
has expired. The bill allows the SLFPD to make modifications to
the permitted area in the interim period between enactment and
conveyance without further authorization by the Secretary of
Agriculture.
The Department supports S. 555, but would like to work with
bill sponsors and the Committee on some minor modifications to
the bill. The Department supports the work of the SLFPD and its
efforts to improve facilities to more effectively deliver
services. The federal lands proposed for conveyance have lost
their national forest character due to past permitted
activities and are better suited to private ownership. The
lands proposed for conveyance to the United States have
suitable national forest character and could contribute to
increased management efficiency.
However, we are concerned that the 120-day timeline is not
adequate to ensure compliance with all statutory requirements,
including National Environmental Policy Act, the Endangered
Species Act, the Antiquities Act of 1906, and myriad other laws
requiring compliance prior to conveyance of federal lands. We
suggest that a year is a realistic timeframe to complete all
requirements.
The Department does not support the provisions of Sec.
4(e), which allow the SLFPD to modify the fire stations located
on federal lands during the period between enactment of the Act
and completion of the land exchange without any additional
authorization from the Department. We are confident that given
a reasonable timeframe for completion of a 131 conveyance, the
Forest Service can work with the SLFPD to accommodate any
confirmed construction plans, negating the need for this
provision.
Mr. Chairman and Members of the Subcommittee, this
concludes my prepared statement. I am happy to answer any
questions that you or Members of the Committee may have.
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 S. 555, as ordered
reported.