I 

114TH CONGRESS 

2D SESSION H. R. 5718 

To direct the Secretary of Agriculture to acquire and to convey certain 

lands or interests in lands in Utah, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 11, 2016 

Mr. CHAFFETZ (for himself, Mr. STEWART, and Mrs. LOVE) introduced the 

following bill; which was referred to the Committee on Natural Resources 

A BILL 

To direct the Secretary of Agriculture to acquire and to 

convey certain lands or interests in lands in Utah, 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; TABLE OF CONTENTS. 

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

5 ‘‘Central Wasatch National Conservation and Recreation 

6 Area Act’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Central Wasatch National Conservation and Recreation Area. 


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Sec. 4. Wilderness. 

Sec. 5. White Pine Special Management Area. 

Sec. 6. General provisions. 

Sec. 7. Land ownership. 

Sec. 8. Maps and legal descriptions. 

1 SEC. 2. DEFINITIONS. 

2 (a) DEFINITIONS.—In this Act: 

3 (1) CONSERVATION AND RECREATION AREA.— 

4 The term ‘‘Conservation and Recreation Area’’ 

5 means the Central Wasatch National Conservation 

6 and Recreation Area established by section 3(a). 

7 (2) FOREST PLAN.—The term ‘‘forest plan’’ 

8 means the Revised Forest Plan: Wasatch-Cache Na9 tional Forest, dated February 2003, as amended. 

10 (3) MANAGEMENT PLAN.—The term ‘‘manage11 ment plan’’ means the management plan for the 

12 Central Wasatch National Conservation and Recre13 ation Area developed under section 3(c). 

14 (4) CONSERVATION AND RECREATION AREA

15 MAP.—The term ‘‘Conservation and Recreation Area 

16 map’’ means the map entitled ‘‘Proposed Central 

17 Wasatch National Conservation and Recreation Area 

18 Map’’ and dated lll. 

19 (5) MOUNTAIN ACCORD.—The term ‘‘Mountain 

20 Accord’’ means the Mountain Accord agreement 

21 dated July 13, 2015. 

22 (6) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of Agriculture. 


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1 (7) STATE.—The term ‘‘State’’ means the State 

2 of Utah. 

3 SEC. 3. CENTRAL WASATCH NATIONAL CONSERVATION AND 

4 RECREATION AREA. 

5 (a) ESTABLISHMENT.— 

6 (1) IN GENERAL.—Subject to valid existing 

7 rights, there is established the Central Wasatch Na8 tional Conservation and Recreation Area in the 

9 State. 

10 (2) AREA INCLUDED.—The Conservation and 

11 Recreation Area shall be comprised of approximately 

12 79,109 acres of Federal land in the Wasatch-Cache 

13 National Forest as generally depicted on the Con14 servation and Recreation Area map as ‘‘Central 

15 Wasatch National Conservation and Recreation 

16 Area’’. 

17 (b) PURPOSES.—The purposes of the Conservation 

18 and Recreation Area are to— 

19 (1) conserve and protect the ecological, natural, 

20 scenic, wilderness (within wilderness areas), cultural, 

21 historical, geological, and wildlife values within the 

22 Conservation and Recreation Area; 

23 (2) protect, enhance, and restore the water 

24 quality and watershed resources in the Conservation 

25 and Recreation Area; 


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1 (3) facilitate a balanced, year-round recreation 

2 system with a wide variety of opportunities for resi3 dents and visitors; and 

4 (4) facilitate and accommodate improved access 

5 to the Conservation and Recreation Area for a grow6 ing number of users. 

7 (c) MANAGEMENT PLAN.— 

8 (1) IN GENERAL.—Not later than 3 years after 

9 the date of enactment of this Act and in accordance 

10 with this subsection, the Secretary shall develop a 

11 comprehensive plan for the long-term management 

12 of the Conservation and Recreation Area. 

13 (2) CONSULTATION.—In developing the man14 agement plan required under paragraph (1), the 

15 Secretary shall consult with— 

16 (A) appropriate State, tribal, and local 

17 governmental entities; and 

18 (B) the public. 

19 (3) INCORPORATION OF PLANS.—In developing 

20 the management plan required under paragraph (1), 

21 to the extent consistent with this Act, the Secretary 

22 may incorporate any provision of— 

23 (A) the forest plan; 

24 (B) Mountain Accord; and 

25 (C) local plans. 


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1 (4) MANAGEMENT PLAN GUIDELINES.—The 

2 Management Plan shall— 

3 (A) conserve, protect, and enhance the re4 sources of the Conservation and Recreation 

5 Area; 

6 (B) ensure protection of water quality and 

7 watershed resources; 

8 (C) ensure protection of environmentally 

9 sensitive areas, including evaluating these areas 

10 for special designations such as Albion Basin 

11 Special Botanical Area; 

12 (D) not allow ski area permit boundary ex13 pansion on Federal land beyond what is de14 scribed in section 6(a)(10) and as depicted on 

15 the Conservation and Recreation Area map; 

16 (E) provide for adaptive management of 

17 resources and restoration of damaged resources; 

18 (F) promote public safety, including ava19 lanche control; 

20 (G) facilitate year-round, outdoor recre21 ation; 

22 (H) not allow lifts or people movers for the 

23 purpose of skiing outside of ski area permit 

24 boundaries as depicted on the map or outside 


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1 the transportation corridors established in sec2 tion 6(a)(8)(B); and 

3 (I) provide access to the Conservation and 

4 Recreation Area for residents, visitors, and 

5 businesses. 

6 (d) MANAGEMENT.— 

7 (1) IN GENERAL.—The Secretary shall manage 

8 the Conservation and Recreation Area— 

9 (A) consistent with the management plan; 

10 and 

11 (B) in accordance with— 

12 (i) the laws (including regulations) 

13 and rules applicable to the National Forest 

14 System; and 

15 (ii) this Act. 

16 (2) USES.—The Secretary shall only allow uses 

17 of the Conservation and Recreation Area that the 

18 Secretary determines would further the purposes de19 scribed in subsection (b). 

20 (3) PERMITTED AND LICENSED ACTIVITIES.— 

21 (A) IN GENERAL.—Nothing in this Act af22 fects existing permits or licensed activities au23 thorized as of the date of enactment of this Act. 

24 (B) PROCESS.—Nothing in this Act affects 

25 the process by which activities authorized by 


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1 permit or license as of the date of enactment of 

2 this Act may be authorized or reauthorized. 

3 (e) EFFECT.— 

4 (1) IN GENERAL.—The establishment of the 

5 Conservation and Recreation Area shall not change 

6 the management status of any area within the 

7 boundary of the Conservation and Recreation Area 

8 that is— 

9 (A) a wilderness area; 

10 (B) the White Pine Special Management 

11 Area; or 

12 (C) ski area special use permit for Alta, 

13 Brighton, Snowbird, and Solitude. 

14 (2) CONFLICT OF LAWS.—If there is a conflict 

15 between the laws applicable to the areas described in 

16 paragraph (1) and this subtitle, the more restrictive 

17 provisions shall control. 

18 SEC. 4. WILDERNESS. 

19 (a) MOUNT OLYMPUS WILDERNESS BOUNDARY AD20 JUSTMENT.—Section 102(a) of the Utah Wilderness Act 

21 of 1984 (Public Law 98–428; 98 Stat. 1658; 16 U.S.C. 

22 1132 note) is amended in paragraph (3), as generally de23 picted on the Conservation and Recreation Area map, 

24 by— 


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1 (1) striking ‘‘sixteen thousand acres’’ and in2 serting ‘‘fifteen thousand eight hundred and eighty3 three acres’’; and 

4 (2) striking ‘‘, dated August 1984’’ and insert5 ing ‘‘and dated lll’’. 

6 (b) TWIN PEAKS WILDERNESS BOUNDARY ADJUST7 MENT.—Section 102(a) of the Utah Wilderness Act of 

8 1984 (Public Law 98–428; 98 Stat. 1658; 16 U.S.C. 1132 

9 note) is amended in paragraph (4), as generally depicted 

10 on the Conservation and Recreation Area map, by— 

11 (1) striking ‘‘thirteen thousand one hundred 

12 acres’’ and inserting ‘‘thirteen thousand and ninety13 eight acres’’; and 

14 (2) striking ‘‘, dated June 1984’’ and inserting 

15 ‘‘and dated lll’’. 

16 (c) LONE PEAK WILDERNESS ADDITION AND

17 BOUNDARY ADJUSTMENT.—Section 2(i) of the Endan18 gered American Wilderness Act of 1978 (Public Law 95– 

19 237; 92 Stat. 42; 16 U.S.C. 1132 note) is amended, as 

20 generally depicted on the Conservation and Recreation 

21 Area map, by— 

22 (1) striking ‘‘twenty-nine thousand five hundred 

23 and sixty-seven acres’’ and inserting ‘‘thirty-two 

24 thousand one hundred and thirty acres’’; and 


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1 (2) inserting ‘‘and dated ll’’ after ‘‘on a map 

2 entitled ‘Lone Peak Wilderness—Proposed’ ’’. 

3 (d) GRANDEUR PEAK–MOUNT AIRE WILDERNESS.— 

4 Section 102(a) of the Utah Wilderness Act of 1984 (Pub5 lic Law 98–428; 98 Stat. 1657; 16 U.S.C. 1132 note) is 

6 amended by— 

7 (1) striking ‘‘and’’ from the end of paragraph 

8 (11); 

9 (2) striking the period at the end of paragraph 

10 (12) and inserting ‘‘; and’’; and 

11 (3) adding at the end the following: ‘‘(13) cer12 tain land in the Uinta-Wasatch-Cache National For13 est comprising approximately 6,158 acres, as gen14 erally depicted on the map entitled ‘Proposed Cen15 tral Wasatch National Conservation and Recreation 

16 Area Map’ and dated lll, which shall be known 

17 as the Grandeur Peak–Mount Aire Wilderness.’’. 

18 SEC. 5. WHITE PINE SPECIAL MANAGEMENT AREA. 

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

20 certain Federal land in the Wasatch-Cache National For21 est comprising approximately 1,800 acres, as generally de22 picted on the Conservation and Recreation Area map, is 

23 designated the White Pine Special Management Area (re24 ferred to in this section as the ‘‘special management 

25 area’’). 


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1 (b) MANAGEMENT.— 

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

3 the special management area established by sub4 section (a) to maintain the natural state of the spe5 cial management area. 

6 (2) MECHANIZED OR MOTORIZED VEHICLES.— 

7 (A) IN GENERAL.—Except as provided in 

8 subparagraph (B) and the landing of heli9 copters, the use of motorized and mechanized 

10 vehicles is prohibited in the special management 

11 area. 

12 (B) EXCEPTION.—Nothing in subpara13 graph (A) prevents the Secretary from— 

14 (i) authorizing the use of motorized 

15 vehicles and equipment for administrative 

16 purposes; or 

17 (ii) responding to an emergency. 

18 (3) STRUCTURES AND FACILITIES.—New, per19 manent structures and facilities are prohibited with20 in the special management area. 

21 (4) TIMBER HARVESTING.—Timber harvesting 

22 is prohibited within the special management area. 


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1 SEC. 6. GENERAL PROVISIONS. 

2 (a) GENERAL PROVISIONS.—For Federal lands with3 in the Conservation and Recreation Area the following 

4 general provisions shall apply, consistent with section 3(e): 

5 (1) ADJACENT MANAGEMENT.— 

6 (A) IN GENERAL.—The designation of the 

7 Conservation and Recreation Area shall not cre8 ate a protective perimeter or buffer zone around 

9 the Conservation and Recreation Area. 

10 (B) ACTIVITIES OUTSIDE CONSERVATION

11 AND RECREATION AREA.—The fact that an ac12 tivity or use on land outside the Conservation 

13 and Recreation Area can be seen or heard from 

14 areas within the Conservation and Recreation 

15 Area shall not preclude the activity or use out16 side the boundary of the Conservation and 

17 Recreation Area. 

18 (2) NON-FEDERAL LAND.— 

19 (A) NO EFFECT ON NON-FEDERAL LAND

20 OR INTERESTS IN NON-FEDERAL LAND.—Noth21 ing in this Act affects ownership, management, 

22 use, improvement, or other rights relating to 

23 non-Federal land or interests in non-Federal 

24 land. 

25 (B) ACCESS.—Nothing in this Act modifies 

26 any laws or regulations that require or allow 


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1 the Secretary to provide the owners of private 

2 property within the boundary of the Conserva3 tion and Recreation Area access to their prop4 erty. 

5 (3) MOTORIZED AND MECHANIZED VEHI6 CLES.— 

7 (A) IN GENERAL.—Except as provided in 

8 subparagraph (C), the use of motorized and 

9 mechanized vehicles in the Conservation and 

10 Recreation Area shall be permitted only on 

11 roads, trails, and areas designated for use by 

12 such vehicles by the management plan. 

13 (B) NEW OR TEMPORARY ROADS.—Except 

14 as provided in subparagraph (C), paragraph 

15 (2)(B), and paragraph (8), no new or tem16 porary roads shall be constructed within the 

17 Conservation and Recreation Area. 

18 (C) EXCEPTION.—Nothing in subpara19 graph (A) or (B) prevents the Secretary from— 

20 (i) authorizing roads or the use of mo21 torized vehicles for administrative pur22 poses; or 

23 (ii) responding to an emergency. 


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1 (4) WITHDRAWAL.—Subject to valid existing 

2 rights, all Federal land located in the Conservation 

3 and Recreation Area is withdrawn from— 

4 (A) all forms of entry, appropriation, and 

5 disposal under the public land laws; 

6 (B) location, entry, and patenting under 

7 the mining laws; and 

8 (C) disposition under the mineral leasing, 

9 mineral materials, and geothermal leasing laws. 

10 (5) ACQUISITION OF LAND.— 

11 (A) IN GENERAL.—The Secretary may ac12 quire land or interests in land within the 

13 boundary of the Conservation and Recreation 

14 Area only through exchange, donation, or pur15 chase from a willing seller. The Secretary may 

16 not acquire any land by condemnation. 

17 (B) INCORPORATION OF ACQUIRED LAND

18 AND INTERESTS.—Any land or interest in land 

19 that is located in the Conservation and Recre20 ation Area that is acquired by the United 

21 States shall— 

22 (i) become part of the Conservation 

23 and Recreation Area; 

24 (ii) be managed in accordance with— 

25 (I) the management plan; 


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1 (II) the laws and rules applicable 

2 to the National Forest System; and 

3 (III) this Act; and 

4 (iii) be withdrawn according to para5 graph (4) on the date of acquisition of the 

6 land. 

7 (6) VEGETATION MANAGEMENT.—Nothing in 

8 this Act prohibits the Secretary from conducting 

9 vegetation management projects within the Con10 servation and Recreation Area— 

11 (A) subject to— 

12 (i) such reasonable regulations, poli13 cies, and practices as the Secretary deter14 mines appropriate; and 

15 (ii) all applicable laws (including regu16 lations); and 

17 (B) in a manner consistent with the pur18 poses described in section 3(b). 

19 (7) WILDLAND FIRE.—Nothing in this section 

20 prohibits the Secretary, in cooperation with other 

21 Federal, State, and local agencies, as appropriate, 

22 from conducting wildland fire operations in the Con23 servation and Recreation Area, including but not 

24 limited to operations using aircraft or mechanized 

25 equipment. 


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1 (8) TRANSPORTATION.— 

2 (A) IN GENERAL.—This paragraph pro3 vides for future transportation infrastructure, 

4 including but not limited to roadway improve5 ments, public transportation, bus stops, sta6 tions, and public amenities, such as restrooms, 

7 trails, trailheads, bike lanes, and pedestrian in8 frastructure, within the Conservation and 

9 Recreation Area that are in accordance with— 

10 (i) the management plan; 

11 (ii) all applicable laws; and 

12 (iii) the purposes described in section 

13 3(b) of this Act. 

14 (B) CORRIDORS.—Transportation corridors 

15 are reserved consistent with 23 CFR 774(11)(i) 

16 and 49 U.S.C. 5323(q) within the easements, 

17 rights-of-way, and areas of established use (in18 cluding cut and fill slopes) on Little Cotton19 wood Canyon Road (State Road 210) and Big 

20 Cottonwood Canyon Road (State Road 190). 

21 (i) ADJUSTMENTS.—Adjustments to 

22 the corridors may be made through a pub23 lic engagement process in accordance with 

24 the National Environmental Policy Act of 

25 1969 (42 U.S.C. 4321 et seq.) if applicable 


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1 and consistent with the purposes described 

2 in section 3(b). 

3 (ii) EXISTING SECTION 4(f) PROP4 ERTIES.—Section 4(f) (23 U.S.C. 138 and 

5 49 U.S.C. 303) shall only apply to existing 

6 properties within the corridors that would 

7 have been determined to be section 4(f) 

8 properties before the enactment of this 

9 Act. 

10 (C) FEDERAL ACTION.—To the extent fu11 ture transportation infrastructure requires Fed12 eral action, the Secretary of Agriculture and 

13 the Secretary of Transportation shall coordinate 

14 and give priority to actions in the Conservation 

15 and Recreation Area when fulfilling their obli16 gations under the National Environmental Pol17 icy Act of 1969 (42 U.S.C. 4321 et seq.). 

18 (D) UTAH DEPARTMENT OF TRANSPOR19 TATION.—Nothing in this Act is intended to— 

20 (i) limit the Utah Department of 

21 Transportation from providing avalanche 

22 control, maintenance, and safety improve23 ment activities on current and future 

24 transportation facilities; 


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1 (ii) diminish or otherwise affect any 

2 easement, right-of-way (including those es3 tablished by historic use or construction), 

4 or other property rights held by or for the 

5 benefit of the Utah Department of Trans6 portation; 

7 (iii) add to the Utah Department of 

8 Transportation’s permitting process for 

9 maintenance or improvement of any exist10 ing transportation facilities; or 

11 (iv) affect existing or future appro12 priations authorized by 23 U.S.C. 107(d), 

13 204(f), and 317. 

14 (9) AVALANCHE CONTROL.—The Secretary 

15 shall allow access and avalanche control devices, ex16 cluding ski lifts, to be installed and maintained with17 in or adjacent to the Conservation and Recreation 

18 Area to protect public health and property and in 

19 accordance with the management plan. 

20 (10) SKI AREA PERMIT BOUNDARIES.—Ski area 

21 permit boundary expansion is precluded on Federal 

22 land within the Conservation and Recreation Area 

23 beyond what is described below and as depicted on 

24 the Conservation and Recreation Area map. 


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1 (A) PERMANENT BOUNDARIES.—Resort 

2 Area Permit Boundaries on Federal land within 

3 the Conservation and Recreation Area as de4 picted on the Conservation and Recreation Area 

5 as ‘‘Resort Area Boundary, Permanent’’ map 

6 shall be permanent as of the date of enactment 

7 of this Act. 

8 (B) BRIGHTON.—If a realignment of the 

9 Brighton Resort Area Permit Boundary is pro10 posed within the ‘‘Resort Boundary Adjustment 

11 Area’’ as depicted on the Conservation and 

12 Recreation Area map, the proposed realignment 

13 is subject to the permitting process as of the 

14 date of enactment of this Act. After completion 

15 of the full permitting process and permit ap16 proval by the U.S. Forest Service, the Brighton 

17 Resort Area Boundary shall be permanent. 

18 (C) SOLITUDE.—If a realignment of the 

19 Solitude Resort Area Permit Boundary is pro20 posed within the Solitude ‘‘Resort Boundary 

21 Adjustment Area’’ as depicted on the Conserva22 tion and Recreation Area map, the proposed re23 alignment is subject to the permitting process 

24 as of the date of enactment of this Act. After 

25 completion of the full permitting process and 


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1 permit approval by the U.S. Forest Service, the 

2 Resort Area Boundary shall be permanent. 

3 (D) ALTA.— 

4 (i) If a realignment of the Alta Resort 

5 Area Permit Boundary is proposed on the 

6 ‘‘Resort Area Boundary, Subject to Per7 mitting Process’’ as depicted on the Con8 servation and Recreation Area map, the 

9 proposed realignment is subject to the per10 mitting process as of the date of enactment 

11 of this Act. After completion of the full 

12 permitting process and permit approval by 

13 the U.S. Forest Service, the Alta Resort 

14 Area Boundary shall be permanent. The 

15 Secretary may restrict resort skier access 

16 beyond the realigned Alta Resort Area 

17 Boundary. 

18 (ii) If the Alta Ski Lifts Company 

19 conveys the non-Federal land to the United 

20 States in exchange for the Federal land as 

21 described in section 7 of this Act and as 

22 identified on the map entitled ‘‘Preliminary 

23 Conceptual Map for Proposed Land Ex24 change between The U.S. Forest Service 

25 and certain Utah Ski Areas’’, the Alta ReVerDate Sep 11 2014 03:17 Jul 19, 2016 Jkt 059200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H5718.IH H5718

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1 sort Area Boundary as of the date the land 

2 exchange is completed shall be permanent 

3 and any future Alta Resort Area Boundary 

4 realignment shall be precluded. The land 

5 exchange may be completed in multiple 

6 phases. 

7 (11) FACILITIES.— 

8 (A) DEFINITION.—In this subsection, the 

9 term ‘‘facility’’ means authorized facilities, such 

10 as water resource, water treatment, flood con11 trol, utility, pipeline, or telecommunications fa12 cilities. 

13 (B) EXISTING FACILITIES.—Nothing in 

14 this section affects the operation or mainte15 nance of an existing facility located within the 

16 Conservation and Recreation Area. 

17 (C) EXPANSION AND NEW FACILITIES.— 

18 Nothing in this section prohibits the Secretary 

19 from authorizing the expansion of an existing 

20 facility or the construction of a new facility 

21 within the Conservation and Recreation Area 

22 subject to— 

23 (i) the management plan; 

24 (ii) all applicable laws; and 


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1 (iii) in a manner consistent with the 

2 purposes described in section 3(b). 

3 (12) WATER RIGHTS.— 

4 (A) DEFINITION.—In this subsection, the 

5 term ‘‘water resource facility’’ means irrigation 

6 and pumping facilities, reservoirs, water con7 servation works, aqueducts, canals, ditches, 

8 pipelines, wells, hydropower projects, trans9 mission, and other facilities ancillary thereto, 

10 and other water diversion, storage, and carriage 

11 structures. 

12 (B) EFFECT OF ACT.—Nothing in this 

13 Act— 

14 (i) shall constitute either an express 

15 or implied reservation by the United States 

16 of any water or water rights with respect 

17 to the Conservation and Recreation Area; 

18 (ii) affect any water rights in the 

19 State existing on the date of enactment of 

20 this Act, including any water rights held 

21 by the United States; or 

22 (iii) establish a precedent with regard 

23 to any future Conservation and Recreation 

24 Area designations. 


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1 (C) UTAH WATER LAW.—The Secretary 

2 shall follow the procedural and substantive re3 quirements of State law to obtain and hold any 

4 water rights not in existence on the date of the 

5 enactment of this Act with respect to the Con6 servation and Recreation Area. 

7 (D) EXISTING WATER INFRASTRUC8 TURE.—Nothing in this Act shall be construed 

9 to limit motorized access and road maintenance 

10 by local municipalities, water districts, or utili11 ties for those maintenance activities necessary 

12 to guarantee the continued viability of water re13 source facilities that currently exist or which 

14 may be necessary in the future to prevent the 

15 degradation of the water supply in the Con16 servation and Recreation Area designated by 

17 this Act. 

18 (13) FISH AND WILDLIFE.—Nothing in this Act 

19 affects the jurisdiction of the State with respect to 

20 fish and wildlife. 

21 SEC. 7. LAND OWNERSHIP. 

22 (a) IN GENERAL.—This section provides for the po23 tential exchange of specific National Forest System land 

24 for specific non-Federal land. 

25 (b) LAND EXCHANGE.— 


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1 (1) DEFINITIONS.—In this subsection— 

2 (A) FEDERAL LAND.—The term ‘‘Federal 

3 land’’ means the National Forest System land 

4 identified as ‘‘Federal Land To Be Evaluated 

5 for Private Ownership’’ on the map entitled 

6 ‘‘Preliminary Conceptual Map for Proposed 

7 Land Exchange between The U.S. Forest Serv8 ice and certain Utah Ski Areas’’. 

9 (B) NON-FEDERAL LAND.—The term 

10 ‘‘non-Federal land’’ means the private land list11 ed below. 

12 (i) Private land owned by Snowbird 

13 Ski and Summer Resort identified as ‘‘Pri14 vate Land To be Evaluated for Public 

15 Ownership - From Snowbird’’ on the map 

16 entitled ‘‘Preliminary Conceptual Map for 

17 Proposed Land Exchange between The 

18 U.S. Forest Service and certain Utah Ski 

19 Areas’’. 

20 (ii) Private land owned by Alta Ski 

21 Lifts Company identified as ‘‘Private Land 

22 To be Evaluated for Public Ownership - 

23 From Alta’’ on the map entitled ‘‘Prelimi24 nary Conceptual Map for Proposed Land 


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1 Exchange between The U.S. Forest Service 

2 and certain Utah Ski Areas’’. 

3 (iii) Private land owned by Brighton 

4 Mountain Resort identified as ‘‘Private 

5 Land To be Evaluated for Public Owner6 ship - From Brighton’’ on the map entitled 

7 ‘‘Preliminary Conceptual Map for Pro8 posed Land Exchange between The U.S. 

9 Forest Service and certain Utah Ski 

10 Areas’’. 

11 (iv) Private land owned by Solitude 

12 Mountain Resort identified as ‘‘Private 

13 Land To be Evaluated for Public Owner14 ship - From Solitude’’ on the map entitled 

15 ‘‘Preliminary Conceptual Map for Pro16 posed Land Exchange between The U.S. 

17 Forest Service and certain Utah Ski 

18 Areas’’. 

19 (C) SKI RESORTS.—The term ‘‘ski resorts’’ 

20 means Snowbird Ski and Summer Resort, Alta 

21 Ski Lifts Company, Brighton Mountain Resort, 

22 and Solitude Mountain Resort, respectively. 

23 (2) MAP; LEGAL DESCRIPTION.— 

24 (A) ADJUSTMENTS.—The Secretary and 

25 the ski resorts may, by mutual agreement, corVerDate Sep 11 2014 03:17 Jul 19, 2016 Jkt 059200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H5718.IH H5718

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1 rect minor or typographical errors in any maps, 

2 acreage estimate, or description of any land to 

3 be exchanged under this Act. 

4 (B) MAP AVAILABILITY.—The maps de5 picting the Federal and non-Federal lands to be 

6 exchanged under this Act shall be available for 

7 public inspection in the Office of the Super8 visor, Wasatch-Cache National Forest and Of9 fice of the Regional Forester, Intermountain 

10 Region. 

11 (3) CONVEYANCE OF LAND.—Subject to the 

12 provisions of this subsection, if the ski resorts offer 

13 to convey to the United States all right, title, and 

14 interest of the ski resorts in and to the non-Federal 

15 land, the Secretary shall evaluate the non-Federal 

16 lands and Federal lands and initiate a public en17 gagement process. Pending the public engagement 

18 process, the Secretary shall convey to the ski resorts 

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

20 and to the Federal land, subject to valid existing 

21 rights and these will be reiterated in the conveyance 

22 deed. 

23 (4) CONDITIONS ON ACCEPTANCE.— 

24 (A) TITLE.—As a condition of the land ex25 change under this subsection, title to the nonVerDate Sep 11 2014 03:17 Jul 19, 2016 Jkt 059200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H5718.IH H5718

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1 Federal land to be acquired by the Secretary 

2 under this subsection shall be acceptable to the 

3 Secretary based on Department of Justice Title 

4 Standards. 

5 (B) TERMS AND CONDITIONS.—The con6 veyance of the Federal land and non-Federal 

7 land shall be subject to— 

8 (i) all applicable laws, including the 

9 National Environmental Policy Act of 

10 1969 (42 U.S.C. 4321 et seq.) and section 

11 206 of the Federal Land Policy Act of 

12 1976 (43 U.S.C. 1716); and 

13 (ii) such terms and conditions as the 

14 Secretary may require. 

15 (C) PUBLIC ENGAGEMENT PROCESS.—As 

16 part of the public engagement process, existing 

17 private and public access to and uses of the 

18 land involved in the exchange shall be evalu19 ated. 

20 (D) ALTA EXCHANGE.—If Alta Ski Lifts 

21 Company offers to convey non-Federal land to 

22 the United States in exchange for Federal land 

23 within the Town of Alta under this section, the 

24 exchange shall be accompanied by a commit25 ment from Alta Ski Lifts Company to work 


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1 with the Town of Alta, existing base area prop2 erty owners, and the public to maintain access 

3 to public lands for ski area use, trails, business 

4 operations, parking, and other existing private 

5 uses, even if the resort and transit facilities are 

6 reconfigured. 

7 (5) APPRAISALS.— 

8 (A) IN GENERAL.—As soon as practicable 

9 after the date of enactment of this Act, the Sec10 retary and the ski resorts shall select an ap11 praiser to conduct an appraisal of the Federal 

12 land and non-Federal land. 

13 (B) REQUIREMENTS.—An appraisal under 

14 subparagraph (A) shall be conducted in accord15 ance with nationally recognized appraisal stand16 ards, including— 

17 (i) the Uniform Appraisal Standards 

18 for Federal Land Acquisitions; and 

19 (ii) the Uniform Standards of Profes20 sional Appraisal Practice. 

21 (C) COSTS.—The responsibility for the 

22 costs of appraisal and any associated adminis23 trative costs of appraisal conducted under sub24 paragraph (B) for purposes of carrying out the 


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1 land exchange shall be covered by the ski re2 sorts. 

3 (6) SURVEYS AND TITLE WORK.— 

4 (A) IN GENERAL.—As soon as practicable 

5 after the date of enactment of this Act, the Sec6 retary and the ski resorts shall select surveyors 

7 to conduct surveys of the Federal land and non8 Federal land. 

9 (B) REQUIREMENTS.—The exact acreage 

10 and legal description of the Federal land and 

11 non-Federal land shall be determined by bound12 ary surveys of the lands to be exchanged. The 

13 boundaries will be surveyed and monumented as 

14 required by the Secretary. 

15 (C) COSTS.—The responsibility for the 

16 costs of any surveys conducted under subpara17 graph (A), any title work including but not lim18 ited to any abstracts, title reports, escrow or 

19 closing fees, deed preparation, preparation of 

20 NEPA documents, and any other administrative 

21 costs of carrying out the land exchange, shall be 

22 covered by the ski resorts. 

23 (7) VALUATION AND EQUALIZATION.— 


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1 (A) IN GENERAL.—The value of the Fed2 eral land and non-Federal land to be exchanged 

3 under this subsection— 

4 (i) shall be equal, as determined by 

5 appraisals conducted in accordance with 

6 paragraph (5); or 

7 (ii) if not equal, may be equalized by 

8 a cash equalization payment in the manner 

9 provided in section 206(b) of the Federal 

10 Land Policy and Management Act of 1976 

11 (43 U.S.C. 1716(b)); or 

12 (iii) if not equal, the acreage of the 

13 Federal land or the non-Federal land may 

14 be reduced to achieve equalization, as ap15 propriate. 

16 (8) DISPOSITION OF PROCEEDS.— 

17 (A) IN GENERAL.—The Secretary shall de18 posit in the fund established under Public Law 

19 90–171 (commonly known as the Sisk Act; 16 

20 U.S.C. 484a) any amount received by the Sec21 retary as the result of any cash equalization 

22 payment made under paragraph (6)(A)(ii). 

23 (B) USE OF PROCEEDS.—Amounts depos24 ited under subparagraph (A) shall be available 

25 to the Secretary, without further appropriation 


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1 and until expended, for the acquisition of lands 

2 and interests in lands in the Conservation and 

3 Recreation Area. 

4 (9) REVOCATION OF ORDERS; WITHDRAWAL.— 

5 (A) REVOCATION OF ORDERS.—Any public 

6 order withdrawing the Federal land from entry, 

7 appropriation, or disposal under the public land 

8 laws is revoked to the extent necessary to per9 mit the conveyance of the Federal land to the 

10 ski resorts. 

11 (B) WITHDRAWAL.—On the date of enact12 ment of this Act, if not already withdrawn or 

13 segregated from entry and appropriation under 

14 the public land laws (including the mining and 

15 mineral leasing laws) and the Geothermal 

16 Steam Act of 1970 (30 U.S.C. 1001 et seq.), 

17 the Federal land is withdrawn until the date of 

18 the conveyance of the Federal land to the ski 

19 resorts. 

20 (10) HAZARDOUS MATERIALS.— 

21 (A) IN GENERAL.—In any conveyance of 

22 land under this Act, the Secretary shall meet 

23 disclosure requirements for hazardous sub24 stances, pollutants, or contaminants, but shall 

25 otherwise not be required to remediate or abate 


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1 such substances. Furthermore, any party de2 scribed in paragraph (1)(C), which acquires 

3 property conveyed under this Act must agree to 

4 indemnify and hold harmless the United States 

5 for any costs associated with remediating or 

6 abating any hazardous substances, pollutants, 

7 or contaminants located on, or being released 

8 from, the land conveyed under this Act, and re9 store any injured or lost natural resources. 

10 (B) ENVIRONMENTAL SITE ASSESS11 MENT.—The Secretary and, as a condition of 

12 the exchange, the State, shall make available 

13 for review and inspection any record relating to 

14 hazardous materials on the land to be ex15 changed under this Act. Prior to the conveyance 

16 of Federal or non-Federal lands, the ski resorts 

17 shall conduct an Environmental Site Assess18 ment of the lands proposed for conveyance, that 

19 meets the requirements set forth in ASTM 

20 E1527–13, for both land to be conveyed to or 

21 from the United States, and provide such re22 ports to the Secretary. 

23 (C) COSTS.—The costs of any response ac24 tion or restoration of injured natural resource 

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1 quired under this Act shall be paid by those en2 tities listed in paragraph (1)(C). No claim shall 

3 be made against the United States by any party 

4 listed in paragraph (1)(C) for any costs associ5 ated with the land conveyed under this Act. 

6 (D) FEDERAL PARCELS.—Notwithstanding 

7 42 U.S.C. 9601 et seq., the Secretary is only 

8 required to comply with the requirements set 

9 forth in 42 U.S.C. 9620(h)(1), but not other10 wise required to comply with any other provi11 sions of 42 U.S.C. 9620(h) for land conveyed to 

12 a party listed in paragraph (1)(C). 

13 (11) DEADLINE FOR COMPLETION OF LAND EX14 CHANGE.—It is the intent of Congress that the land 

15 exchange under this subsection shall be completed 

16 not later than 36 months after the date the proposal 

17 from the non-Federal party is accepted by the Sec18 retary. 

19 SEC. 8. MAPS AND LEGAL DESCRIPTIONS. 

20 (a) IN GENERAL.—As soon as practicable after the 

21 date of enactment of this Act, the Secretary shall prepare 

22 a map and legal description of the Conservation and 

23 Recreation Area, wilderness and wilderness additions, and 

24 White Pine Special Management Area. 


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1 (b) LEGAL EFFECT.—The maps and legal descrip2 tions prepared under subsection (a) shall have the same 

3 force and effect as if included in this section, except that 

4 the Secretary may correct minor or typographical errors 

5 in the map and legal description. 

6 (c) AVAILABILITY OF MAP AND LEGAL DESCRIP7 TION.—The maps and legal descriptions prepared under 

8 subsection (a) shall be on file and available for public in9 spection in the appropriate offices of the Forest Service. 

Æ 


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