Union Calendar No. 206

104TH CONGRESS

1ST SESSION H. R. 2402

[Report No. 104–409]

A BILL

To authorize an exchange of lands in the State of

Utah at Snowbasin Ski Area.

DECEMBER 15, 1995

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 206

104TH CONGRESS

1ST SESSION H. R. 2402

[Report No. 104–409]

To authorize an exchange of lands in the State of Utah at Snowbasin

Ski Area.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 27, 1995

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

Committee on Resources

DECEMBER 15, 1995

Additional sponsors: Mr. CRAPO, Mrs. CHENOWETH, and Mr. HASTINGS of

Washington

DECEMBER 15, 1995

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 September 27, 1995]

A BILL

To authorize an exchange of lands in the State of Utah

at Snowbasin Ski Area.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Snowbasin Land Ex3 change Act of 1995’’.

4 SEC. 2. FINDINGS AND DETERMINATION.

5 (a) FINDINGS.—The Congress finds that—

6 (1) in June 1995, Salt Lake City, Utah, was se7 lected to host the 2002 Winter Olympic Games, and

8 the Snowbasin Ski Resort, which is owned by the Sun

9 Valley Company, was identified as the site of six

10 Olympic events: the men’s and women’s downhills,

11 men’s and women’s Super-Gs, and men’s and wom12 en’s combined downhills;

13 (2) in order to adequately accommodate these

14 events, which are traditionally among the most popu15 lar and heavily attended at the Winter Olympic

16 Games, major new skiing, visitor, and support facili17 ties will have to be constructed at the Snowbasin Ski

18 Resort on land currently administered by the United

19 States Forest Service;

20 (3) while certain of these new facilities can be

21 accommodated on National Forest land under tradi22 tional Forest Service permitting authorities, the base

23 area facilities necessary to host visitors to the ski area

24 and the Winter Olympics are of such a nature that

25 they should logically be located on private land;
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1 (4) land exchanges have been routinely utilized

2 by the Forest Service to transfer base area lands to

3 many other ski areas, and the Forest Service and the

4 Sun Valley Company have concluded that a land ex5 change to transfer base area lands at the Snowbasin

6 Ski Resort to the Sun Valley Company is both logical

7 and advisable;

8 (5) an environmental impact statement and nu9 merous resource studies have been completed by the

10 Forest Service and the Sun Valley Company for the

11 lands proposed to be transferred to the Sun Valley

12 Company by this Act;

13 (6) the Sun Valley Company has assembled

14 lands with outstanding environmental, recreational,

15 and other values to convey to the Forest Service in re16 turn for the lands it will receive in the exchange, and

17 the Forest Service has identified such lands as desir18 able for acquisition by the United States; and

19 (7) completion of a land exchange and approval

20 of a development plan for Olympic related facilities

21 at the Snowbasin Ski Resort is essential to ensure

22 that all necessary facilities can be constructed, tested

23 for safety and other purposes, and become fully oper24 ational in advance of the 2002 Winter Olympics and

25 earlier pre-Olympic events.
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1 (b) DETERMINATION.—The Congress has reviewed the

2 previous analyses and studies of the lands to be exchanged

3 and developed pursuant to this Act, and has made its own

4 review of these lands and issues involved, and on the basis

5 of those reviews hereby finds and determines that a legis6 lated land exchange and development plan approval is nec7 essary to meet Olympic goals and timetables.

8 SEC. 3. PURPOSE AND INTENT.

9 The purpose of this Act is to authorize and direct the

10 Secretary to exchange 1,320 acres of federally-owned land

11 within the Cache National Forest in the State of Utah for

12 lands of approximately equal value owned by the Sun Val13 ley Company. It is the intent of Congress that this exchange

14 be effected without delay within the period specified by sec15 tion 5.

16 SEC. 4. DEFINITIONS.

17 As used in this Act—

18 (1) the term ‘‘Sun Valley Company’’ means the

19 Sun Valley Company, a division of Sinclair Oil Cor20 poration, a Wyoming Corporation, or its successors or

21 assigns; and

22 (2) the term ‘‘Secretary’’ means the Secretary of

23 Agriculture.

24 SEC. 5. EXCHANGE.

25 (a) FEDERAL SELECTED LANDS.—
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1 (1) IN GENERAL.—Not later than 45 days after

2 the final determination of value of the Federal selected

3 lands, the Secretary shall, subject to this Act, transfer

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

5 and to the lands referred to in paragraph (2) to the

6 Sun Valley Company.

7 (2) LANDS DESCRIBED.—The lands referred to in

8 paragraph (1) are certain lands within the Cache Na9 tional Forest in the State of Utah comprising 1,320

10 acres, more or less, as generally depicted on the map

11 entitled ‘‘Snowbasin Land Exchange—Proposed’’ and

12 dated October 1995.

13 (b) NON-FEDERAL OFFERED LANDS.—Upon transfer

14 of the Federal selected lands under subsection (a), and in

15 exchange for those lands, the Sun Valley Company shall

16 convey to the Secretary all right, title and interest of the

17 Sun Valley Company in and to so much of the following

18 offered lands which have been previously identified by the

19 United States Forest Service as desirable by the United

20 States, or which are identified pursuant to paragraph (5),

21 as are of approximate equal value to the Federal selected

22 lands:

23 (1) Certain lands located within the exterior

24 boundaries of the Cache National Forest in Weber

25 County, Utah, which comprise approximately 640
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1 acres and are generally depicted on a map entitled

2 ‘‘Lightning Ridge Offered Lands’’, dated October

3 1995.

4 (2) Certain lands located within the Cache Na5 tional Forest in Weber County, Utah, which comprise

6 approximately 635 acres and are generally depicted

7 on a map entitled ‘‘Wheeler Creek Watershed Offered

8 Lands-Section 21’’, dated October 1995.

9 (3) Certain lands located within the exterior

10 boundaries of the Cache National Forest in Weber

11 County, Utah, and lying immediately adjacent to the

12 outskirts of the City of Ogden, Utah, which comprise

13 approximately 800 acres and are generally depicted

14 on a map entitled ‘‘Taylor Canyon Offered Lands’’,

15 dated October 1995.

16 (4) Certain lands located within the exterior

17 boundaries of the Cache National Forest in Weber

18 County, Utah, which comprise approximately 2,040

19 acres and are generally depicted on a map entitled

20 ‘‘North Fork Ogden River-Devil’s Gate Valley’’, dated

21 October 1995.

22 (5) Such additional offered lands as may be nec23 essary to make the values of the lands exchanged pur24 suant to this Act approximately equal, and which are

25 acceptable to the Secretary.
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1 (c) SUBSTITUTION OF OFFERED LANDS.—If one or

2 more of the precise offered land parcels identified in para3 graphs (1) through (4) of subsection (b) is unable to be con4 veyed to the United States due to appraisal or other rea5 sons, or if the Secretary and the Sun Valley Company mu6 tually agree and the Secretary determines that an alter7 native offered land package would better serve long term

8 public needs and objectives, the Sun Valley Company may

9 convey to the United States alternative offered lands accept10 able to the Secretary in lieu of any or all of the lands identi11 fied in paragraphs (1) through (4) of subsection (b).

12 (d) VALUATION AND APPRAISALS.—

13 (1) Values of the lands to be exchanged pursuant

14 to this Act shall be equal as determined by the Sec15 retary utilizing nationally recognized appraisal

16 standards. If due to size, location, or use of lands ex17 changed under this Act, the values are not exactly

18 equal, they shall be equalized by the payment of cash

19 equalization money to the Secretary or the Sun Valley

20 Company as appropriate in accordance with section

21 206(b) of the Federal Land Policy and Management

22 Act of 1976 (43 U.S.C. 1716). In order to expedite the

23 consummation of the exchange directed by this Act,

24 the Sun Valley Company shall arrange and pay for

25 appraisals of the offered and selected lands by a
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1 qualified appraiser mutually acceptable to the Sun

2 Valley Company and the Secretary. The appraisal of

3 the Federal selected lands shall be completed and sub4 mitted to the Secretary for approval no later than 90

5 days after the date of enactment of this Act and the

6 Secretary shall make a determination of value not

7 later than 30 days after receipt of the appraisal. In

8 the event the Secretary and the Sun Valley Company

9 are unable to agree to the appraised value of a cer10 tain tract or tracts of land, the appraisal, appraisals,

11 or appraisal issues in dispute and a final determina12 tion of value shall be resolved through a process of

13 bargaining or submitted to arbitration in accordance

14 with section 206(d) of the Federal Land Policy and

15 Management Act of 1976 (43 U.S.C. 1716(d)).

16 (2) In order to expedite the appraisal of the Fed17 eral selected lands, such appraisal shall—

18 (A) value the land as a single entity for its

19 highest and best use as if in private ownership

20 and as of the date of enactment of this Act;

21 (B) consider the effect on value of improve22 ments constructed on the land by the Forest

23 Service or third parties but not consider im24 provements owned or constructed by the

25 Snowbasin Ski Resort or previous permittee;
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1 (C) recognize that Snowbasin is a proven

2 ski area and assume that special use permits

3 which are required for operation of a ski resort

4 would be granted a buyer of the Federal selected

5 lands;

6 (D) consider the effect on value, if any, of

7 the remaining permit periods of existing special

8 use permits on the lands held by parties other

9 than the Snowbasin Ski Resort;

10 (E) not reflect any enhancement in value to

11 the Federal selected lands based on the existence

12 of private lands owned by the Sun Valley Com13 pany in the vicinity of the Snowbasin Ski Re14 sort, and shall assume that private lands owned

15 by the Sun Valley Company are not available for

16 use in conjunction with the Federal selected

17 lands; and

18 (F) reflect a diminution in value resulting

19 from deed restrictions or other conditions on the

20 transfer of the Federal selected lands.

21 SEC. 6. GENERAL PROVISIONS RELATING TO THE EX22 CHANGE.

23 (a) IN GENERAL.—The exchange authorized by this

24 Act shall be subject to the following terms and conditions:
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1 (1) RESERVED RIGHTS-OF-WAY.—In the deed to

2 be issued pursuant to section 5(a), the Secretary shall

3 reserve in the United States a right of reasonable ac4 cess across the property conveyed for public access

5 and for administrative purposes of the United States

6 necessary to manage adjacent federally-owned lands.

7 The terms of such access shall be prescribed by the

8 Secretary within 30 days after the date of the enact9 ment of this Act.

10 (2) RIGHT OF RESCISSION.—This Act shall not

11 be binding on either the United States or the Sun

12 Valley Company if, within 30 days after the final de13 termination of value of the Federal selected lands, the

14 Sun Valley Company submits to the Secretary a duly

15 authorized and executed resolution of the Company

16 stating its intention not to enter into the exchange

17 authorized by this Act.

18 (b) WITHDRAWAL.—Subject to valid existing rights, ef19 fective on the date of enactment of this Act, the Federal se20 lected lands described in section 5(a) and all National For21 est System lands currently under special use permit to the

22 Sun Valley Company at the Snowbasin Ski Resort are here23 by withdrawn from all forms of appropriation under the

24 public land laws (including the mining laws) and from dis-
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1 position under all laws pertaining to mineral and geo2 thermal leasing.

3 (c) DEED.—The conveyance of the offered lands to the

4 United States under this Act shall be by general warranty

5 or other deed acceptable to the Secretary and in conformity

6 with applicable title standards of the Attorney General of

7 the United States.

8 (d) STATUS OF LANDS.—Upon acceptance of title by

9 the Secretary, the land conveyed to the United States pursu10 ant to this Act shall become part of the Wasatch or Cache

11 National Forests as appropriate, and the boundaries of such

12 National Forests shall be adjusted to encompass such lands.

13 Once conveyed, such lands shall be managed in accordance

14 with the Act of March 1, 1911, as amended (commonly

15 known as the ‘‘Weeks Act’’), and in accordance with the

16 other laws, rules and regulations applicable to National

17 Forest System lands. This subsection does not limit the Sec18 retary’s authority to adjust the boundaries pursuant to sec19 tion 11 of the Act of March 1, 1911 (‘‘Weeks Act’’). For

20 the purposes of section 7 of the Land and Water Conserva21 tion Fund Act of 1965 (16 U.S.C. 4601–9), the boundaries

22 of the Wasatch and Cache National Forests, as adjusted by

23 this Act, shall be considered to be boundaries of the forests

24 as of January 1, 1965.
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1 SEC. 7. PHASE I FACILITY CONSTRUCTION AND OPERATION.

2 (a) PHASE I FACILITY REVIEW AND FINDING.—The

3 Congress has reviewed the Snowbasin Ski Area Master De4 velopment Plan dated October 1995 (hereinafter in this Act

5 referred to as the ‘‘Master Plan’’), insofar as such plan per6 tains to ‘‘Phase I’’ facilities which are to be constructed and

7 operated wholly or partially on National Forest System

8 lands retained by the Secretary after consummation of the

9 land exchange directed by this Act. On the basis of such

10 review, Congress hereby finds that the Phase I facilities

11 identified and described in the Master Plan to be located

12 on National Forest System lands, or any modifications

13 thereof mutually agreed to by the Secretary and the Sun

14 Valley Company, are reasonable and necessary to accommo15 date the 2002 Olympics and directs the Secretary to issue

16 all necessary permits and authorizations for construction

17 and operation of such facilities in accordance with the pro18 cedures and provisions of this section.

19 (b) PHASE I FACILITY APPROVAL, CONDITIONS AND

20 TIMETABLE.—Within 120 days of receipt of an application

21 by the Sun Valley Company to authorize construction and

22 operation of any particular Phase I facility, facilities, or

23 group of facilities, the Secretary, in consultation with the

24 Sun Valley Company, shall authorize construction and op25 eration of such facility, facilities, or group of facilities, sub26 ject to the general policies of the Forest Service pertaining
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1 to the construction and operation of ski area facilities on

2 National Forest System lands. In providing authorization

3 to construct and operate a facility, facilities, or group of

4 facilities, the Secretary may not impose any condition that

5 would significantly change the location, size, or scope of the

6 applied for Phase I facility unless (1) the modification is

7 mutually agreed to by the Secretary and the Sun Valley

8 Company; or (2) the change is necessary to protect public

9 health and safety. In providing any such authorization, the

10 Secretary shall provide for resource protection without re11 gard to section 102(2)(C) of the National Environmental

12 Policy Act of 1969 or the participation requirements of sec13 tion 6(d) of the Forest and Rangeland Renewable Resources

14 Planning Act of 1974 (16 U.S.C. 1604(d)). Nothing in this

15 section shall be construed to affect the Secretary’s respon16 sibility to monitor and assure compliance with the condi17 tions set forth in the construction and operation authoriza18 tion.

19 (c) CONGRESSIONAL DIRECTIONS.—Notwithstanding

20 any other provision of law, Congress finds consummation

21 of the land exchange directed by this Act and all determina22 tions, authorizations, and actions taken by the Secretary

23 pursuant to this Act pertaining to Phase I facilities (or

24 modifications thereof mutually agreed to by the Secretary

25 and the Sun Valley Company) to be non-discretionary ac-
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1 tions authorized and directed by Congress and hence to

2 comply with all procedural and other requirements of the

3 laws of the United States.

4 (d) REPORT TO CONGRESS.—The Secretary shall re5 port to the Committee on Resources of the United States

6 House of Representatives and the Committee on Energy and

7 Natural Resources of the United States Senate as to whether

8 construction and operation of Phase I facilities have pro9 vided for sufficient environmental protection on National

10 Forest System lands affected by such facilities.