[House Report 111-525]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 111-525
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SUGAR LOAF FIRE PROTECTION DISTRICT LAND EXCHANGE ACT
_______
July 13, 2010.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 3923]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (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, 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) 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 OF THE BILL
The purpose of H.R. 3923 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 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.
H.R. 3923 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 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. 3923 was introduced on October 23, 2009 by
Representative 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. At an
April 27th, 2010, hearing before the Subcommittee, a
representative from the Department of Agriculture testified in
favor of the bill, provided that the time line was modified and
other technical corrections were made.
On June 16th, 2010, the Subcommittee was discharged from
further consideration of H.R. 3923 and the full Natural
Resources Committee met to consider the bill. Subcommittee
Chairman Raul Grijalva (D-AZ) offered an amendment in the
nature of a substitute to clarify the terms of the land
exchange and to address other technical suggestions offered by
the administration. The amendment in the nature of a substitute
was agreed to 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.
CONSTITUTIONAL AUTHORITY STATEMENT
Article IV, section 3, of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) 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)(3)(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.
2. 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.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to provide for the exchange of
certain land located in the Arapaho-Roosevelt National Forests
in the State of Colorado, and for other purposes.
4. Congressional Budget Office Cost Estimate. 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. 3923--Sugar Loaf Fire Protection District Land Exchange Act
H.R. 3923 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. 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 could be disposed of (by either of the
methods authorized by H.R. 3923) under existing law. Enacting
this bill would not affect direct spending or revenues;
therefore, pay-as-you-go procedures would not apply.
H.R. 3923 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.
On January 21, 2010, CBO transmitted a cost estimate for S.
555, the Sugar Loaf Fire Protection District Land Exchange Act
of 2009, as ordered reported by the Senate Committee on Energy
and Natural Resources on December 16, 2009. S. 555 and H.R.
3923 are nearly identical, and the estimated costs are the
same.
The CBO staff contacts for this estimate are Alan Eder and
Deborah Reis. The estimate was approved by Theresa Gullo,
Deputy Assistant Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 3923 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
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.