I 

112TH CONGRESS 

2D SESSION H. R. 4267 

To designate certain National Forest System land in the Uinta-WasatchCache National Forest in Salt Lake County, Utah, as wilderness, to 

facilitate a land exchange involving certain land in such National Forest, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 27, 2012 

Mr. MATHESON introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To designate certain National Forest System land in the 

Uinta-Wasatch-Cache National Forest in Salt Lake 

County, Utah, as wilderness, to facilitate a land exchange 

involving certain land in such National Forest, 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 AND TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Wasatch Wilderness and Watershed Protection Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 


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Sec. 1. Short title and table of contents. 

Sec. 2. Designation of wilderness, Uinta-Wasatch-Cache National Forests, 

Utah. 

Sec. 3. Special management area, Uinta-Wasatch-Cache National Forests, 

Utah. 

Sec. 4. Administrative provisions related to wilderness areas. 

Sec. 5. Existing water facilities. 

Sec. 6. Land exchange, Uinta-Wasatch-Cache National Forests, Utah. 

1 SEC. 2. DESIGNATION OF WILDERNESS, UINTA-WASATCH2 CACHE NATIONAL FORESTS, UTAH. 

3 (a) DESIGNATION.—In furtherance of the purposes of 

4 the Wilderness Act (16 U.S.C. 1131 et seq.), the following 

5 Federal lands within the Uinta-Wasatch-Cache National 

6 Forests in Salt Lake County, Utah, are designated as wil7 derness and as either a new component of the National 

8 Wilderness Preservation System or as an addition to an 

9 existing component of the National Wilderness Preserva10 tion System: 

11 (1) LONE PEAK WILDERNESS ADDITION.—Cer12 tain lands in the vicinity of the Lone Peak Wilder13 ness comprising approximately 4,627 acres, as gen14 erally depicted on the map titled ‘‘Wasatch Moun15 tains Wilderness and Watershed Protection’’ and 

16 dated January 29, 2010 (in this subsection referred 

17 to as the ‘‘map’’), which shall be added to and ad18 ministered as part of the Lone Peak Wilderness des19 ignated by section 2(I) of Public Law 95–237 (92 

20 Stat. 42). 


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1 (2) MOUNT OLYMPUS WILDERNESS ADDI2 TION.—Certain lands in the vicinity of the Mount 

3 Olympus Wilderness comprising approximately 3,155 

4 acres, as generally depicted on the map, which shall 

5 be added to and administered as part of the Mount 

6 Olympus Wilderness designated by section 102(a)(3) 

7 of Public Law 98–428 (98 Stat. 1658). 

8 (3) WAYNE OWENS GRANDEUR PEAK/MOUNT

9 AIRE WILDERNESS.—Certain lands comprising ap10 proximately 7,759 acres, as generally depicted on the 

11 map, which shall be known as the ‘‘Wayne Owens 

12 Grandeur Peak/Mount Aire Wilderness’’. 

13 (b) MAP AND DESCRIPTION.— 

14 (1) FILING AND AVAILABILITY.—As soon as 

15 practicable after the date of the enactment of this 

16 Act, the Secretary of Agriculture, acting through the 

17 Chief of the Forest Service, shall file with the Com18 mittee on Natural Resources of the House of Rep19 resentatives and the Committee on Energy and Nat20 ural Resources of the Senate a map and legal de21 scription of each wilderness area designated or ex22 panded by subsection (a). The maps and legal de23 scriptions shall be on file and available for public in24 spection in the office of the Chief of the Forest Serv25 ice. 


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1 (2) FORCE OF LAW.—The maps and legal de2 scriptions filed under paragraph (1) shall have the 

3 same force and effect as if included in this Act, ex4 cept that the Secretary of Agriculture may correct 

5 clerical and typographical errors in the maps and 

6 legal descriptions. 

7 (c) SPECIAL RULE FOR LONE PEAK WILDERNESS

8 ADDITION.—Notwithstanding the wilderness designation 

9 made by subsection (a)(1), the White Pine Reservoir, to10 gether with the ingress and egress routes thereto in exist11 ence as of the date of the enactment of this Act, shall 

12 continue to be operated, maintained, and upgraded as nec13 essary, subject to reasonable requirements to protect wil14 derness values. 

15 SEC. 3. SPECIAL MANAGEMENT AREA, UINTA-WASATCH16 CACHE NATIONAL FORESTS, UTAH. 

17 (a) DESIGNATION.—Subject to valid existing rights, 

18 the following Federal lands in the Uinta-Wasatch-Cache 

19 National Forests are established as special management 

20 areas: 

21 (1) MT. AIRE SPECIAL MANAGEMENT AREA.— 

22 Certain lands comprising approximately 1,275 acres, 

23 as generally depicted on a map titled ‘‘Wasatch 

24 Mountains Wilderness Protection and Watershed 

25 Protection’’ and dated January 29, 2010 (in this 


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1 subsection referred to as the ‘‘map’’), which shall be 

2 known as the ‘‘Mt. Aire Special Management Area’’. 

3 (2) MT. OLYMPUS SPECIAL MANAGEMENT

4 AREA.—Certain lands comprising approximately 

5 1,957 acres, as generally depicted on the map, which 

6 shall be known as the ‘‘Mt. Olympus Special Man7 agement Area’’. 

8 (3) TWIN PEAKS SPECIAL MANAGEMENT

9 AREA.—Certain lands comprising approximately 

10 5,835 acres, as generally depicted on the map, which 

11 shall be known as the ‘‘Twin Peaks Special Manage12 ment Area’’. 

13 (4) LONE PEAK SPECIAL MANAGEMENT

14 AREA.—Certain lands comprising approximately 

15 1,413 acres, as generally depicted on the map, which 

16 shall be known as the ‘‘Lone Peak Special Manage17 ment Area’’. 

18 (b) MAPS AND DESCRIPTIONS.— 

19 (1) FILING AND AVAILABILITY.—As soon as 

20 practicable after the date of the enactment of this 

21 Act, the Secretary of Agriculture, acting through the 

22 Chief of the Forest Service, shall file with the Com23 mittee on Natural Resources of the House of Rep24 resentatives and the Committee on Energy and Nat25 ural Resources of the Senate a map and legal deVerDate Mar 15 2010 20:10 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4267.IH H4267

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1 scription of each special management area estab2 lished by subsection (a). The maps and legal descrip3 tions shall be on file and available for public inspec4 tion in the office of the Chief of the Forest Service. 

5 (2) FORCE OF LAW.—The maps and legal de6 scriptions filed under paragraph (1) shall have the 

7 same force and effect as if included in this Act, ex8 cept that the Secretary of Agriculture may correct 

9 typographical errors in the maps and legal descrip10 tions. 

11 (c) MANAGEMENT.— 

12 (1) IN GENERAL.—The Secretary of Agriculture 

13 shall manage the special management area estab14 lished by subsection (a) to maintain the presently 

15 existing wilderness character of the special manage16 ment area and the potential for inclusion of the area 

17 in the National Wilderness Preservation System. 

18 (2) PROHIBITIONS.— 

19 (A) PERMANENT ROADS.—Permanent 

20 roads may not be established in the special 

21 management areas. 

22 (B) TEMPORARY ROADS AND VEHICLES.— 

23 Except as necessary to meet the minimum re24 quirements for the administration of the special 


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1 management areas and to protect public health 

2 and safety— 

3 (i) the use of motorized or mechanized 

4 vehicles, except as described in paragraph 

5 (3), is prohibited in the special manage6 ment area; and 

7 (ii) the establishment of temporary 

8 roads is prohibited in the special manage9 ment areas. 

10 (3) ALLOWABLE ACTIVITIES.—The Secretary of 

11 Agriculture may authorize commercial helicopter-as12 sisted skiing and snowboarding activities (known as 

13 ‘‘heliskiing’’), as authorized on the Federal lands in14 cluded within the special management areas as of 

15 the date of the enactment of this Act, to continue 

16 within the special management area. Except as pro17 vided in subsection (d), upon the expiration of an 

18 authorization in effect as of the date of enactment 

19 of this Act for heliskiing, the Secretary may reissue 

20 such authorizations in accord with Forest Service 

21 procedures. 

22 (4) APPLICABLE LAW.—Any uses of the Fed23 eral lands included within the special management 

24 area, including activities described in paragraph (3), 


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1 shall be carried out in accordance with applicable 

2 law. 

3 (d) EVENTUAL WILDERNESS DESIGNATION.— 

4 (1) TIMELINE.—Within one year from the time 

5 in which all commercial helicopter-assisted skiing 

6 and snowboarding activities within any special man7 agement area established by subsection (a) are no 

8 longer authorized or have otherwise terminated with9 in the special management area, the Secretary of 

10 Agriculture shall publish notice to that effect in the 

11 Federal Register. 

12 (2) DESIGNATION AS WILDERNESS.—The Fed13 eral lands included within a special management 

14 area for which notice has been published under para15 graph (1) shall be designated as wilderness and 

16 added to the National Wilderness Preservation Sys17 tem, effective on the date of the notice, as follows: 

18 (A) The lands included in the Mt. Aire 

19 Special Management Area shall be added to and 

20 administered as part of the Wayne Owens 

21 Grandeur Peak/Mount Aire Wilderness estab22 lished by section 2. 

23 (B) The lands included in the Mt. Olympus 

24 Special Management Area shall be added to and 

25 administered as a part of the Mount Olympus 


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1 Wilderness designated by section 102(a)(3) of 

2 Public Law 98–428 (98 Stat. 1658) and ex3 panded by section 2. 

4 (C) The lands included in the Twin Peaks 

5 Special Management Area shall be added to and 

6 administered as a part of the Twin Peaks Wil7 derness designated by section 102(a)(4) of Pub8 lic Law 98–428 (98 Stat. 1658). 

9 (D) The lands included in the Lone Peak 

10 Special Management Area shall be added to and 

11 administered as part of the Lone Peak Wilder12 ness designated by section 2(I) of Public Law 

13 95–237 (92 Stat. 42) and expanded by section 

14 2. 

15 SEC. 4. ADMINISTRATIVE PROVISIONS RELATED TO WIL16 DERNESS AREAS. 

17 (a) COVERED LAND DEFINED.—In this section, the 

18 term ‘‘covered land’’ means— 

19 (1) the wilderness areas designated or expanded 

20 by sections 2 and 3; and 

21 (2) the special management areas designated by 

22 section 3. 

23 (b) ADMINISTRATION GENERALLY.—Subject to valid 

24 rights in existence on the date of the enactment of this 

25 Act, land designated as wilderness by section 2 or 3 shall 


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1 be administered by the Secretary of Agriculture in accord2 ance with— 

3 (1) the Wilderness Act (16 U.S.C. 1131 et 

4 seq.); and 

5 (2) this Act. 

6 (c) TREATMENT OF EFFECTIVE DATE OF WILDER7 NESS ACT.— 

8 (1) IN GENERAL.—With respect to land des9 ignated as wilderness by section 2, any reference in 

10 the Wilderness Act (16 U.S.C. 1131 et seq.) to the 

11 effective date of the Wilderness Act shall be deemed 

12 to be a reference to the date of the enactment of this 

13 Act. 

14 (2) SPECIAL MANAGEMENT AREAS.—With re15 spect to the lands designated as wilderness by sec16 tion 3, any reference in the Wilderness Act to the 

17 effective date of the Wilderness Act shall be deemed 

18 to be a reference to the date of the applicable Fed19 eral Register notice referred to in section 3(d)(1). 

20 (d) FISH AND WILDLIFE.—Nothing in this Act shall 

21 affect the jurisdiction or responsibility of the State of 

22 Utah with respect to wildlife and fish. 

23 (e) NO BUFFER ZONES.— 


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1 (1) IN GENERAL.—Nothing in this Act shall 

2 create a protective perimeter or buffer zone around 

3 covered land. 

4 (2) ACTIVITIES OUTSIDE WILDERNESS.—The 

5 fact that a nonwilderness activity or use can be seen 

6 or heard from within covered land shall not preclude 

7 the conduct of the activity or use outside the bound8 ary of the covered land. 

9 (f) WITHDRAWAL.—Subject to valid rights in exist10 ence on the date of the enactment of this Act, covered 

11 land is withdrawn from all forms of— 

12 (1) entry, appropriation, or disposal under pub13 lic land laws; 

14 (2) location, entry, and patent under mining 

15 laws; and 

16 (3) disposition under all laws pertaining to min17 eral and geothermal leasing or mineral materials. 

18 (g) ACQUIRED LAND.—Any land or interest in land 

19 located inside the boundaries of covered land that is ac20 quired by the United States after the date of the enact21 ment of this Act shall become part of the relevant wilder22 ness or special management area and shall be managed 

23 in accordance with this Act and other applicable law. 

24 (h) FIRE, INSECTS, AND DISEASE.—In accordance 

25 with section 4(d)(1) of the Wilderness Act (16 U.S.C. 


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1 1133(d)(1)), the Secretary of Agriculture may take such 

2 measures in the covered land as the Secretary determines 

3 to be necessary for the control of fire, insects, and dis4 eases, including, as the Secretary determines to be appro5 priate, the coordination of those activities with a State or 

6 local agency. 

7 SEC. 5. EXISTING WATER FACILITIES. 

8 Nothing in this Act affects the ability to continue to 

9 maintain the Mount Haven, Mill D Summer Home, Bear10 trap, and Cardiff water systems that exist as of the date 

11 of the enactment of this Act (as shown on the map titled 

12 ‘‘Wasatch Mountains Wilderness and Watershed Protec13 tion’’ and dated January 10, 2010, outside the boundaries 

14 of the wilderness additions and special management areas 

15 designated by this Act. 

16 SEC. 6. LAND EXCHANGE, UINTA-WASATCH-CACHE NA17 TIONAL FORESTS, UTAH. 

18 (a) DEFINITIONS.—In this section: 

19 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

20 means the approximately 331 acres of National For21 est System land in the Uinta-Wasatch-Cache Na22 tional Forest in Salt Lake County, Utah, identified 

23 as ‘‘NFS Land to be Conveyed’’ on the map. 

24 (2) MAP.—The term ‘‘map’’ means the map en25 titled ‘‘Wasatch Mountains Wilderness and WaterVerDate Mar 15 2010 20:10 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H4267.IH H4267

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1 shed Protection’’ and dated August 31, 2010, which 

2 map shall be on file and available for public inspec3 tion in the Office of the Chief of the Forest Service. 

4 (3) NON-FEDERAL LAND.—The term ‘‘non-Fed5 eral land’’ means the parcels of private land identi6 fied as ‘‘Land to be acquired by USFS’’ on the map, 

7 including— 

8 (A) the approximately 116 acres of private 

9 land identified as ‘‘White Pine parcel’’ on the 

10 map, which will be incorporated into the Lone 

11 Peak Wilderness as provided in subsection 

12 (h)(1); 

13 (B) the approximately 266 acres of private 

14 land identified as ‘‘Superior parcels’’ on the 

15 map, which will be administered as a special 

16 management area as provided in subsection 

17 (h)(2); 

18 (C) the approximately 160 acres of private 

19 land identified as ‘‘High Uintas’’ parcel on the 

20 map, which will be incorporated into the High 

21 Uintas Wilderness as provided in subsection 

22 (h)(3); and 

23 (D) such other lands owned by Snowbird 

24 that are acceptable to the Secretary as compo25 nents of the land exchange authorized and diVerDate Mar 15 2010 20:10 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H4267.IH H4267

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1 rected by this section, except that such lands 

2 may not replace any of the lands identified in 

3 a preceding subparagraph. 

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

5 the Secretary of Agriculture. 

6 (5) SNOWBIRD.—The term ‘‘Snowbird’’ means 

7 Snowbird Ltd., a Utah Limited Partnership. 

8 (b) LAND EXCHANGE.— 

9 (1) AUTHORIZED AND DIRECTED.—If Snowbird 

10 offers to the Secretary the land described in para11 graph (2), the Secretary shall— 

12 (A) accept the land for management as 

13 provided in subsection (h); and 

14 (B) convey and quitclaim to Snowbird all 

15 right, title, and interest of the United States in 

16 and to the Federal land. 

17 (2) SNOWBIRD OFFERED LANDS.—The private 

18 land offered by Snowbird in the land exchange shall 

19 include, in priority order, all right, title, and interest 

20 of Snowbird in the parcels identified in subpara21 graphs (A), (B), and (C) of subsection (a)(3) and 

22 such other lands agreed upon as part of the ex23 change to be conveyed to the United States under 

24 subparagraph (D) of such subsection. 


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1 (3) EXISTING RIGHTS.—The conveyance of the 

2 Federal land under this section shall be subject to 

3 valid existing rights. 

4 (4) TITLE.—As a condition on the consumma5 tion of the land exchange, title to the non-Federal 

6 land must be acceptable to the Secretary, which 

7 shall be determined in conformity with the title 

8 standards of the Attorney General. 

9 (5) COMPLIANCE WITH EXISTING LAW.—Except 

10 as otherwise provided in this section, the Secretary 

11 shall carry out the land exchange under this section 

12 in accordance with section 206 of the Federal Land 

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

14 1716). 

15 (c) LAND DESCRIPTIONS.— 

16 (1) SURVEY REQUIREMENT.—The exact acreage 

17 and legal description of the Federal land and non18 Federal land to be exchanged under this section 

19 shall be determined by surveys approved by the Sec20 retary. 

21 (2) RECONFIGURATION OF LANDS.—By mutual 

22 agreement, the Secretary and Snowbird may recon23 figure the land to be exchanged under this section 

24 to facilitate management of the land or eliminate 

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1 nomical. The use of such reconfiguration authority 

2 shall be minimized and involve the smallest quantity 

3 of acreage practicable to achieve the objectives of 

4 improving management of the exchanged land or 

5 eliminating fragmented parcels. 

6 (d) VALUATION.— 

7 (1) IN GENERAL.—The value of the Federal 

8 land and the non-Federal land to be exchanged 

9 under this section— 

10 (A) shall be equal, as determined by ap11 praisals conducted in accordance with sub12 section (e); or 

13 (B) if not equal, shall be equalized in the 

14 manner provided in section 206(b) of the Fed15 eral Land Policy and Management Act of 1976 

16 (43 U.S.C. 1716(b)), except that the Secretary 

17 may accept cash equalization payments in ex18 cess of 25 percent to facilitate the land ex19 change. 

20 (2) DEPOSIT AND USE OF CASH EQUALIZATION

21 PAYMENTS.—Any cash equalization payments re22 ceived by the Secretary under paragraph (1) shall be 

23 deposited into the account established by Public Law 

24 90–171 (commonly known as the Sisk Act; 16 

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1 able, in such amounts as may be provided in ad2 vance in appropriation Acts, until expended for the 

3 acquisition of lands and interests in lands for the 

4 National Forest System. 

5 (e) APPRAISALS.—Section 206(d) of the Federal 

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

7 1716(d)) shall apply to the appraisal of the Federal land 

8 and non-Federal land, including the conservation ease9 ment described in subsection (g), to be exchanged under 

10 this section, except that the Secretary and Snowbird shall 

11 consult with the proposed recipient of the conservation 

12 easement in the selection of the appraiser. 

13 (f) ADMINISTRATIVE COSTS.—Snowbird shall cover 

14 the costs of survey, appraisal, and any other administra15 tive expenses related to the land exchange under this sec16 tion. 

17 (g) CONSERVATION EASEMENT.— 

18 (1) CONTINGENCY.—The obligation of the Sec19 retary to consummate the land exchange under this 

20 section is contingent upon the execution of a binding 

21 agreement to convey a conservation easement, con22 sistent with the terms of this subsection, for the ap23 proximately 298 acres of private land identified as 

24 ‘‘Flagstaff parcel’’ on the map from Snowbird to— 


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1 (A) Utah Open Lands (a non-profit land 

2 trust incorporated in the State of Utah); or 

3 (B) another land trust or the Salt Lake 

4 City Department of Public Utilities if Utah 

5 Open Lands is unwilling to accept conveyance 

6 of the conservation easement. 

7 (2) REQUIRED TERMS.—Except as determined 

8 to be necessary by the holder of the conservation 

9 easement described in paragraph (1) to meet the 

10 minimum requirements for the administration of the 

11 easement area in its undeveloped state or to protect 

12 public health and safety, the conservation easement 

13 shall contain the following prohibitions: 

14 (A) No subdivision. 

15 (B) No roads, other than temporary roads 

16 constructed and used for cleanup of mining 

17 areas. 

18 (C) No commercial enterprises. 

19 (D) No permanent structures, except 

20 structures associated with avalanche control 

21 that serve to mitigate avalanche hazards to the 

22 Town of Alta, Utah, and Little Cottonwood 

23 Canyon Road. 

24 (3) OCCUPANCY AND USE OF EASEMENT

25 AREA.—The conservation easement shall grant the 


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1 easement holder sole authority to regulate the occu2 pancy and use of the easement area including— 

3 (A) the prohibition or restriction of motor4 ized vehicles and equipment; and 

5 (B) the conduct of avalanche control activi6 ties. 

7 (4) RESTORATION AND REMEDIATION.—The 

8 conservation easement shall reserve, in the fee owner 

9 of the land encumbered by the easement, the right 

10 to conduct restoration and remediation of hazardous 

11 substances from past mining and related construc12 tion activities on the land. 

13 (5) EFFECT OF FAILURE TO CONVEY EASE14 MENT.—If an entity described in paragraph (1) is 

15 unwilling to accept conveyance of the conservation 

16 easement subject to the terms provided in this sub17 section, the Secretary is relieved of any obligation to 

18 consummate the land exchange under this section. 

19 (h) MANAGEMENT OF LAND ACQUIRED BY THE SEC20 RETARY.— 

21 (1) WHITE PINE PARCEL.—On acquisition by 

22 the Secretary, the parcel identified as ‘‘White Pine 

23 parcel’’ on the map shall be— 

24 (A) incorporated into the Lone Peak Wil25 derness established by section 2(i) of Public 


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1 Law 95–237 (92 Stat. 42; 16 U.S.C. 1132 

2 note) and expanded by section 2; and 

3 (B) administered in accordance with the 

4 Wilderness Act (16 U.S.C. 1131 et seq.) and 

5 this Act. 

6 (2) SUPERIOR PARCEL.—On acquisition by the 

7 Secretary, the parcel identified as ‘‘Superior parcel’’ 

8 on the map shall be— 

9 (A) added to the Uinta-Wasatch-Cache 

10 National Forests as a special management area; 

11 and 

12 (B) administered in accordance with sub13 section (c) of section 3, except paragraph (3) of 

14 such subsection shall not apply to the parcel 

15 and the Secretary may allow avalanche control 

16 devices within the parcel for the sole purpose of 

17 protecting public health and safety. 

18 (3) HIGH UINTAS PARCEL.—On acquisition by 

19 the Secretary, the parcel identified as ‘‘High Uintas 

20 parcel’’ on the map shall be— 

21 (A) incorporated into the High Uintas Wil22 derness designated by section 102(a)(5) of Pub23 lic Law 98–428 (98 Stat. 1658); and 

24 (B) administered in accordance with the 

25 Wilderness Act (16 U.S.C. 1131 et seq.). 


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1 (4) OTHER LANDS.—On acquisition by the Sec2 retary of any non-Federal land included in the land 

3 exchange pursuant to subsection (a)(3)(D), the ac4 quired land shall be added to and administered as 

5 part of the Uinta-Wasatch-Cache National Forest, 

6 subject to the laws and regulations applicable to the 

7 National Forest System. 

8 (i) WITHDRAWAL.—Subject to valid existing rights, 

9 the land acquired by the Secretary in the land exchange 

10 under this section is withdrawn from— 

11 (1) all forms of entry, appropriation, or disposal 

12 under the public land laws; 

13 (2) location, entry, and patent under the mining 

14 laws; and 

15 (3) disposition under all laws relating to min16 eral and energy leasing. 

17 (j) ENVIRONMENTAL LIABILITIES.— 

18 (1) EFFECT OF EXISTENCE OF CONTAMINA19 TION.—If any of the non-Federal land is determined 

20 to be contaminated, including contamination result21 ing from solid wastes, hazardous wastes or sub22 stances, pollutants or contaminants, or other regu23 lated substances, or that the non-Federal land is in 

24 a condition that would constitute a violation of any 

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1 tions related to health, safety, or the environment, 

2 and that such contamination or violation existed be3 fore the date of the enactment of this Act— 

4 (A) the Secretary may require that such 

5 land, or the contaminated portion of the land, 

6 be removed from the exchange before con7 summation of the land exchange; or 

8 (B) the Secretary may retain such land in 

9 the land exchange, subject to the condition that 

10 Snowbird agree to indemnify the United States 

11 or Salt Lake City, as appropriate, and pay all 

12 costs to restore or remediate any damages 

13 caused by the past release, spill, or disposal of 

14 hazardous substances, pollutants, or contami15 nants necessary to bring the land into compli16 ance with all applicable health, safety, and envi17 ronmental laws, and furthermore, for any dis18 charges or draining from any man-made fea19 tures on the non-Federal lands which the Sec20 retary retains, Snowbird will obtain, and main21 tain, in perpetuity, any Federal or State per22 mits that may be or become necessary to com23 ply with applicable health, safety, or environ24 mental laws. 


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1 (2) CONSERVATION EASEMENT.—Acceptance by 

2 Utah Open Lands, or another land trust or the Salt 

3 Lake City Department of Public Utilities, of the 

4 conservation easement described in subsection (g) 

5 shall not make the holder of the conservation ease6 ment either an owner or operator with respect to the 

7 land encumbered by the easement under the Com8 prehensive Environmental Response, Compensation, 

9 and Liability Act of 1980 (42 U.S.C. 9601 et seq.), 

10 nor shall the conveyance of the easement absolve the 

11 fee owner of the land of any liability under such Act, 

12 the Federal Water Pollution Control Act (33 U.S.C. 

13 1251 et seq.), or any other Federal, State, or local 

14 environmental law or regulation. 

15 (3) HOLD HARMLESS.—Snowbird shall hold the 

16 United States harmless for any liability for the con17 dition of the Federal land received by Snowbird in 

18 the land exchange under this section, whether the 

19 condition on the Federal land was caused by the 

20 negligence of the United States, or the result of any 

21 approval by the United States of an authorized ac22 tivity on the Federal land. 

23 (4) EXCEPTION OF FEDERAL LAND FROM CER24 TAIN COVENANTS.—Clauses (ii) and (iii) of section 

25 120(h)(3)(A) of the Comprehensive Environmental 


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24 

•HR 4267 IH

1 Response, Compensation, and Liability Act of 1980 

2 (42 U.S.C. 6920(h)(3)(A)) shall not apply to the 

3 conveyance of the Federal land under this section. 

Æ 


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