I

104TH CONGRESS

2D SESSION H. R. 3907

To facilitate the 2002 Winter Olympic Games in the State of Utah at

the Snowbasin Ski Area, to provide for the acquisition of lands within

the Sterling Forest Reserve, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 26, 1996

Mr. HANSEN (for himself and Mr. MARTINI) introduced the following bill;

which was referred to the Committee on Resources

A BILL

To facilitate the 2002 Winter Olympic Games in the State

of Utah at the Snowbasin Ski Area, to provide for the

acquisition of lands within the Sterling Forest Reserve,

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 TITLE I—SNOWBASIN SKI AREA

4 SEC. 101. SHORT TITLE.

5 This title may be cited as the ‘‘2002 Winter Olympic

6 Games Facilitation Act’’.

7 SEC. 102. FINDINGS AND DETERMINATION.

8 (a) FINDINGS.—The Congress finds that—
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1 (1) in June 1995, Salt Lake City, Utah, was

2 selected to host the 2002 Winter Olympic Games,

3 and the Snowbasin Ski Resort, which is owned by

4 the Sun Valley Company, was identified as the site

5 of six Olympic events: the men’s and women’s

6 downhills, men’s and women’s Super-Gs, and men’s

7 and women’s combined downhills;

8 (2) in order to adequately accommodate these

9 events, which are traditionally among the most pop10 ular and heavily attended at the Winter Olympic

11 Games, major new skiing, visitor, and support facili12 ties will have to be constructed at the Snowbasin Ski

13 Resort on land currently administered by the United

14 States Forest Service;

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

16 accommodated on National Forest land under tradi17 tional Forest Service permitting authorities, the base

18 area facilities necessary to host visitors to the ski

19 area and the Winter Olympics are of such a nature

20 that they should logically be located on private land;

21 (4) land exchanges have been routinely utilized

22 by the Forest Service to transfer base area lands to

23 many other ski areas, and the Forest Service and

24 the Sun Valley Company have concluded that a land

25 exchange to transfer base area lands at the
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1 Snowbasin Ski Resort to the Sun Valley Company is

2 both logical and advisable;

3 (5) an environmental impact statement and nu4 merous resource studies have been completed by the

5 Forest Service and the Sun Valley Company for the

6 lands proposed to be transferred to the Sun Valley

7 Company by this title;

8 (6) the Sun Valley Company has assembled

9 lands with outstanding environmental, recreational,

10 and other values to convey to the Forest Service in

11 return for the lands it will receive in the exchange,

12 and the Forest Service has identified such lands as

13 desirable for acquisition by the United States; and

14 (7) completion of a land exchange and approval

15 of a development plan for Olympic related facilities

16 at the Snowbasin Ski Resort is essential to ensure

17 that all necessary facilities can be constructed, test18 ed for safety and other purposes, and become fully

19 operational in advance of the 2002 Winter Olympics

20 and earlier pre-Olympic events.

21 (b) DETERMINATION.—The Congress has reviewed

22 the previous analyses and studies of the lands to be ex23 changed and developed pursuant to this title, and has

24 made its own review of these lands and issues involved,

25 and on the basis of those reviews hereby finds and deter-
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1 mines that a legislated land exchange and development

2 plan approval is necessary to meet Olympic goals and

3 timetables.

4 SEC. 103. SNOWBASIN LAND EXCHANGE.

5 (a) PURPOSE AND INTENT.—The purpose of this sec6 tion is to authorize and direct the Secretary to exchange

7 1,320 acres of federally-owned land within the Cache Na8 tional Forest in the State of Utah for lands of approxi9 mately equal value owned by the Sun Valley Company. It

10 is the intent of Congress that this exchange be completed

11 without delay within the period specified by subsection (d).

12 (b) DEFINITIONS.—As used in this section:

13 (1) The term ‘‘Sun Valley Company’’ means the

14 Sun Valley Company, a division of Sinclair Oil Cor15 poration, a Wyoming Corporation, or its successors

16 or assigns.

17 (2) The term ‘‘Secretary’’ means the Secretary

18 of Agriculture.

19 (c) EXCHANGE.—

20 (1) FEDERAL SELECTED LANDS.—(A) Not later

21 than 45 days after the final determination of value

22 of the Federal selected lands, the Secretary shall,

23 subject to this section, transfer all right, title, and

24 interest of the United States in and to the lands re-
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1 ferred to in subparagraph (B) to the Sun Valley

2 Company.

3 (B) The lands referred to in subparagraph (A)

4 are certain lands within the Cache National Forest

5 in the State of Utah comprising 1,320 acres, more

6 or less, as generally depicted on the map entitled

7 ‘‘Snowbasin Land Exchange—Proposed’’ and dated

8 October 1995.

9 (2) NON-FEDERAL OFFERED LANDS.—Upon

10 transfer of the Federal selected lands under para11 graph (1), and in exchange for those lands, the Sun

12 Valley Company shall simultaneously convey to the

13 Secretary all right, title and interest of the Sun Val14 ley Company in and to so much of the following of15 fered lands which have been previously identified by

16 the United States Forest Service as desirable by the

17 United States, or which are identified pursuant to

18 subparagraph (E) prior to the transfer of lands

19 under paragraph (1), as are of approximate equal

20 value to the Federal selected lands:

21 (A) Certain lands located within the exte22 rior boundaries of the Cache National Forest in

23 Weber County, Utah, which comprise approxi24 mately 640 acres and are generally depicted on
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1 a map entitled ‘‘Lightning Ridge Offered

2 Lands’’, dated October 1995.

3 (B) Certain lands located within the Cache

4 National Forest in Weber County, Utah, which

5 comprise approximately 635 acres and are gen6 erally depicted on a map entitled ‘‘Wheeler

7 Creek Watershed Offered Lands—Section 2’’

8 dated October 1995.

9 (C) Certain lands located within the exte10 rior boundaries of the Cache National Forest in

11 Weber County, Utah, and lying immediately ad12 jacent to the outskirts of the City of Ogden,

13 Utah, which comprise approximately 800 acres

14 and are generally depicted on a map entitled

15 ‘‘Taylor Canyon Offered Lands’’, dated October

16 1995.

17 (D) Certain lands located within the exte18 rior boundaries of the Cache National Forest in

19 Weber County, Utah, which comprise approxi20 mately 2,040 acres and are generally depicted

21 on a map entitled ‘‘North Fork Ogden River—

22 Devil’s Gate Valley’’, dated October 1995.

23 (E) Such additional offered lands in the

24 State of Utah as may be necessary to make the

25 values of the lands exchanged pursuant to this
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1 section approximately equal, and which are ac2 ceptable to the Secretary.

3 (3) SUBSTITUTION OF OFFERED LANDS.—If

4 one or more of the precise offered land parcels iden5 tified in subparagraphs (A) through (D) of para6 graph (2) is unable to be conveyed to the United

7 States due to appraisal or other reasons, or if the

8 Secretary and the Sun Valley Company mutually

9 agree and the Secretary determines that an alter10 native offered land package would better serve long

11 term public needs and objectives, the Sun Valley

12 Company may simultaneously convey to the United

13 States alternative offered lands in the State of Utah

14 acceptable to the Secretary in lieu of any or all of

15 the lands identified in subparagraphs (A) through

16 (D) of paragraph (2).

17 (4) VALUATION AND APPRAISALS.—(A) Values

18 of the lands to be exchanged pursuant to this section

19 shall be equal as determined by the Secretary utiliz20 ing nationally recognized appraisal standards and in

21 accordance with section 206 of the Federal Land

22 Policy and Management Act of 1976. The appraisal

23 reports shall be written to Federal standards as de24 fined in the Uniform Appraisal Standards for Fed25 eral Land Acquisitions. If, due to size, location, or
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1 use of lands exchanged under this section, the values

2 are not exactly equal, they shall be equalized by the

3 payment of cash equalization money to the Secretary

4 or the Sun Valley Company as appropriate in ac5 cordance with section 206(b) of the Federal Land

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

7 1716(b)). In order to expedite the consummation of

8 the exchange directed by this section, the Sun Valley

9 Company shall arrange and pay for appraisals of the

10 offered and selected lands by a qualified appraiser

11 with experience in appraising similar properties and

12 who is mutually acceptable to the Sun Valley Com13 pany and the Secretary. The appraisal of the Fed14 eral selected lands shall be completed and submitted

15 to the Secretary for technical review and approval

16 no later than 120 days after the date of enactment

17 of this Act, and the Secretary shall make a deter18 mination of value not later than 30 days after re19 ceipt of the appraisal. In the event the Secretary

20 and the Sun Valley Company are unable to agree

21 to the appraised value of a certain tract or tracts

22 of land, the appraisal, appraisals, or appraisal issues

23 in dispute and a final determination of value shall

24 be resolved through a process of bargaining or sub25 mission to arbitration in accordance with section
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1 206(d) of the Federal Land Policy and Management

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

3 (B) In order to expedite the appraisal of the

4 Federal selected lands, such appraisal shall—

5 (i) value the land in its unimproved state,

6 as a single entity for its highest and best use

7 as if in private ownership and as of the date of

8 enactment of this Act;

9 (ii) consider the Federal lands as an inde10 pendent property as though in the private mar11 ketplace and suitable for development to its

12 highest and best use;

13 (iii) consider in the appraisal any encum14 brance on the title anticipated to be in the con15 veyance to Sun Valley Company and reflect its

16 effect on the fair market value of the property;

17 and

18 (iv) not reflect any enhancement in value

19 to the Federal selected lands based on the exist20 ence of private lands owned by the Sun Valley

21 Company in the vicinity of the Snowbasin Ski

22 Resort, and shall assume that private lands

23 owned by the Sun Valley Company are not

24 available for use in conjunction with the Fed25 eral selected lands.
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1 (d) GENERAL PROVISIONS RELATING TO THE EX2 CHANGE.—

3 (1) IN GENERAL.—The exchange authorized by

4 this section shall be subject to the following terms

5 and conditions:

6 (A) RESERVED RIGHTS-OF-WAY.—In any

7 deed issued pursuant to subsection (c)(1), the

8 Secretary shall reserve in the United States a

9 right of reasonable access across the conveyed

10 property for public access and for administra11 tive purposes of the United States necessary to

12 manage adjacent federally-owned lands. The

13 terms of such reservation shall be prescribed by

14 the Secretary within 30 days after the date of

15 the enactment of this Act.

16 (B) RIGHT OF RESCISSION.—This section

17 shall not be binding on either the United States

18 or the Sun Valley Company if, within 30 days

19 after the final determination of value of the

20 Federal selected lands, the Sun Valley Company

21 submits to the Secretary a duly authorized and

22 executed resolution of the Company stating its

23 intention not to enter into the exchange author24 ized by this section.
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1 (2) WITHDRAWAL.—Subject to valid existing

2 rights, effective on the date of enactment of this Act,

3 the Federal selected lands described in subsection

4 (c)(1) and all National Forest System lands cur5 rently under special use permit to the Sun Valley

6 Company at the Snowbasin Ski Resort are hereby

7 withdrawn from all forms of appropriation under the

8 public land laws (including the mining laws) and

9 from disposition under all laws pertaining to mineral

10 and geothermal leasing.

11 (3) DEED.—The conveyance of the offered

12 lands to the United States under this section shall

13 be by general warranty or other deed acceptable to

14 the Secretary and in conformity with applicable title

15 standards of the Attorney General of the United

16 States.

17 (4) STATUS OF LANDS.—Upon acceptance of

18 title by the Secretary, the land conveyed to the Unit19 ed States pursuant to this section shall become part

20 of the Wasatch or Cache National Forests as appro21 priate, and the boundaries of such National Forests

22 shall be adjusted to encompass such lands. Once

23 conveyed, such lands shall be managed in accordance

24 with the Act of March 1, 1911, as amended (com25 monly known as the ‘‘Weeks Act’’), and in accord-
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1 ance with the other laws, rules and regulations ap2 plicable to National Forest System lands. This para3 graph does not limit the Secretary’s authority to ad4 just the boundaries pursuant to section 11 of the

5 Act of March 1, 1911 (‘‘Weeks Act’’). For the pur6 poses of section 7 of the Land and Water Conserva7 tion Fund Act of 1965 (16 U.S.C. 4601–9), the

8 boundaries of the Wasatch and Cache National For9 ests, as adjusted by this section, shall be considered

10 to be boundaries of the forests as of January 1,

11 1965.

12 (e) PHASE FACILITY CONSTRUCTION AND OPER13 ATION.—

14 (1) PHASE I FACILITY FINDING AND REVIEW.—

15 (A) The Congress has reviewed the Snowbasin Ski

16 Area Master Development Plan dated October 1995

17 (hereinafter in this subsection referred to as the

18 ‘‘Master Plan’’). On the basis of such review, and re19 view of previously completed environmental and

20 other resource studies for the Snowbasin Ski Area,

21 Congress hereby finds that the ‘‘Phase I’’ facilities

22 referred to in the Master Plan to be located on Na23 tional Forest System land after consummation of the

24 land exchange directed by this section are limited in

25 size and scope, are reasonable and necessary to ac-
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1 commodate the 2002 Olympics, and in some cases

2 are required to provide for the safety of skiing com3 petitors and spectators.

4 (B) Within 60 days after the date of enactment

5 of this Act, the Secretary and the Sun Valley Com6 pany shall review the Master Plan insofar as such

7 plan pertains to Phase I facilities which are to be

8 constructed and operated wholly or partially on Na9 tional Forest System lands retained by the Secretary

10 after consummation of the land exchange directed by

11 this section. The Secretary may modify such Phase

12 I facilities upon mutual agreement with the Sun Val13 ley Company or by imposing conditions pursuant to

14 paragraph (2) of this subsection.

15 (C) Within 90 days after the date of enactment

16 of this Act, the Secretary shall submit the reviewed

17 Master Plan on the Phase I facilities, including any

18 modifications made thereto pursuant to subpara19 graph (B), to the Committee on Energy and Natural

20 Resources of the United States Senate and the Com21 mittee on Resources of the United States House of

22 Representatives for a 30-day review period. At the

23 end of the 30-day period, unless otherwise directed

24 by Act of Congress, the Secretary may issue all nec25 essary authorizations for construction and operation
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1 of such facilities or modifications thereof in accord2 ance with the procedures and provisions of para3 graph (2) of this subsection.

4 (2) PHASE I FACILITY APPROVAL, CONDITIONS,

5 AND TIMETABLE.—Within 120 days of receipt of an

6 application by the Sun Valley Company to authorize

7 construction and operation of any particular Phase

8 I facility, facilities, or group of facilities, the Sec9 retary, in consultation with the Sun Valley Com10 pany, shall authorize construction and operation of

11 such facility, facilities, or group of facilities, subject

12 to the general policies of the Forest Service pertain13 ing to the construction and operation of ski area fa14 cilities on National Forest System lands and subject

15 to reasonable conditions to protect National Forest

16 System resources. In providing authorization to con17 struct and operate a facility, facilities, or group of

18 facilities, the Secretary may not impose any condi19 tion that would significantly change the location,

20 size, or scope of the applied for Phase I facility un21 less—

22 (A) the modification is mutually agreed to

23 by the Secretary and the Sun Valley Company;

24 or
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1 (B) the modification is necessary to protect

2 health and safety.

3 Nothing in this subsection shall be construed to af4 fect the Secretary’s responsibility to monitor and as5 sure compliance with the conditions set forth in the

6 construction and operation authorization.

7 (3) CONGRESSIONAL DIRECTIONS.—Notwith8 standing any other provision of law, Congress finds

9 that consummation of the land exchange directed by

10 this section and all determinations, authorizations,

11 and actions taken by the Secretary pursuant to this

12 section pertaining to Phase I facilities on National

13 Forest System lands, or any modifications thereof,

14 to be nondiscretionary actions authorized and di15 rected by Congress and hence to comply with all pro16 cedural and other requirements of the laws of the

17 United States. Such determinations, authorizations,

18 and actions shall not be subject to administrative or

19 judicial review.

20 (f) NO PRECEDENT.—Nothing in subsection

21 (c)(4)(B) of this section relating to conditions or limita22 tions on the appraisal of the Federal lands, or any provi23 sion of subsection (e), relating to the approval by the Con24 gress or the Forest Service of facilities on National Forest
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1 System lands, shall be construed as a precedent for subse2 quent legislation.

3 TITLE II—STERLING FOREST

4 SEC. 201. FUNDING FOR PALISADES INTERSTATE PARK

5 COMMISSION.

6 The Secretary of the Interior is authorized to provide

7 funding to the Palisades Interstate Park Commission to

8 be used for the acquisition of lands and interests in lands

9 within the area generally depicted on the map entitled

10 ‘‘Boundary Map, Sterling Forest Reserve’’, numbered

11 SFR–60,001 and dated July 1, 1994. There are author12 ized to be appropriated for purposes of this section not

13 more than $17,500,000. No funds made available under

14 this section may be used for the acquisition of any lands

15 or interest in lands without the consent of the owner there16 of.

17 SEC. 202. LAND EXCHANGE.

18 The Secretary of the Interior is authorized to ex19 change unreserved unappropriated Federal lands under

20 the administrative jurisdiction of the Secretary for the

21 lands comprising approximately 2,220 acres depicted on

22 the map entitled ‘‘Sterling Forest, Proposed Sale of Ster23 ling Forest Lands’’ and dated July 25, 1996. The Sec24 retary shall consult with the Governor of any State in

25 which such unreserved unappropriated lands are located
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1 prior to carrying out such exchange. The lands acquired

2 by the Secretary under this section shall be transferred

3 to the Palisades Interstate Park Commission to be in4 cluded within the Sterling Forest Reserve. The lands ex5 changed under this section shall be of equal value, as de6 termined by the Secretary utilizing nationally recognized

7 appraisal standards. The authority to exchange lands

8 under this section shall expire on the date 18 months after

9 the date of enactment of this Act.

Æ