H. R. 4236—32
to the United States alternative offered lands in the State
of Utah acceptable to the Secretary in lieu of any or all of
the lands identified in subparagraphs (A) through (D) of
paragraph (2).
(4) VALUATION AND APPRAISALS.—(A) Values of the lands
to be exchanged pursuant to this section shall be equal as
determined by the Secretary utilizing nationally recognized
appraisal standards and in accordance with section 206 of
the Federal Land Policy and Management Act of 1976. The
appraisal reports shall be written to Federal standards as
defined in the Uniform Appraisal Standards for Federal Land
Acquisitions. If, due to size, location, or use of lands exchanged
under this section, the values are not exactly equal, they shall
be equalized by the payment of cash equalization money to
the Secretary or the Sun Valley Company as appropriate in
accordance with section 206(b) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(b)). In order to expe-
dite the consummation of the exchange directed by this section,
the Sun Valley Company shall arrange and pay for appraisals
of the offered and selected lands by a qualified appraiser with
experience in appraising similar properties and who is mutually
acceptable to the Sun Valley Company and the Secretary. The
appraisal of the Federal selected lands shall be completed and
submitted to the Secretary for technical review and approval
no later than 120 days after the date of enactment of this
Act, and the Secretary shall make a determination of value
not later than 30 days after receipt of the appraisal. In the
event the Secretary and the Sun Valley Company are unable
to agree to the appraised value of a certain tract or tracts
of land, the appraisal, appraisals, or appraisal issues in dispute
and a final determination of value shall be resolved through
a process of bargaining or submission to arbitration in accord-
ance with section 206(d) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(d)).
(B) In order to expedite the appraisal of the Federal
selected lands, such appraisal shall—
(i) value the land in its unimproved state, as a single
entity for its highest and best use as if in private ownership
and as of the date of enactment of this Act;
(ii) consider the Federal lands as an independent prop-
erty as though in the private marketplace and suitable
for development to its highest and best use;
(iii) consider in the appraisal any encumbrance on
the title anticipated to be in the conveyance to Sun Valley
Company and reflect its effect on the fair market value
of the property; and
(iv) not reflect any enhancement in value to the Federal
selected lands based on the existence of private lands
owned by the Sun Valley Company in the vicinity of the
Snowbasin Ski Resort, and shall assume that private lands
owned by the Sun Valley Company are not available for
use in conjunction with the Federal selected lands.
(d) GENERAL PROVISIONS RELATING TO THE EXCHANGE.—
(1) IN GENERAL.—The exchange authorized by this section
shall be subject to the following terms and conditions:
(A) RESERVED
RIGHTS-OF-WAY.—In any deed issued
pursuant to subsection (c)(1), the Secretary shall reserve
H. R. 4236—33
in the United States a right of reasonable access across
the conveyed property for public access and for administra-
tive purposes of the United States necessary to manage
adjacent federally-owned lands. The terms of such reserva-
tion shall be prescribed by the Secretary within 30 days
after the date of the enactment of this Act.
(B) RIGHT OF RESCISSION.—This section shall not be
binding on either the United States or the Sun Valley
Company if, within 30 days after the final determination
of value of the Federal selected lands, the Sun Valley
Company submits to the Secretary a duly authorized and
executed resolution of the Company stating its intention
not to enter into the exchange authorized by this section.
(2) WITHDRAWAL.—Subject to valid existing rights, effective
on the date of enactment of this Act, the Federal selected
lands described in subsection (c)(1) and all National Forest
System lands currently under special use permit to the Sun
Valley Company at the Snowbasin Ski Resort are hereby with-
drawn from all forms of appropriation under the public land
laws (including the mining laws) and from disposition under
all laws pertaining to mineral and geothermal leasing.
(3) DEED.—The conveyance of the offered lands to the
United States under this section shall be by general warranty
or other deed acceptable to the Secretary and in conformity
with applicable title standards of the Attorney General of the
United States.
(4) STATUS OF LANDS.—Upon acceptance of title by the
Secretary, the land conveyed to the United States pursuant
to this section shall become part of the Wasatch or Cache
National Forests as appropriate, and the boundaries of such
National Forests shall be adjusted to encompass such lands.
Once conveyed, such lands shall be managed in accordance
with the Act of March 1, 1911, as amended (commonly known
as the ‘‘Weeks Act’’), and in accordance with the other laws,
rules and regulations applicable to National Forest System
lands. This paragraph does not limit the Secretary’s authority
to adjust the boundaries pursuant to section 11 of the Act
of March 1, 1911 (‘‘Weeks Act’’). For the purposes of section
7 of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l–9), the boundaries of the Wasatch and Cache
National Forests, as adjusted by this section, shall be consid-
ered to be boundaries of the forests as of January 1, 1965.
(e) PHASE FACILITY CONSTRUCTION AND OPERATION.—
(1) PHASE
I
FACILITY
FINDING
AND
REVIEW.—(A) The
Congress has reviewed the Snowbasin Ski Area Master Devel-
opment Plan dated October 1995 (hereafter in this subsection
referred to as the ‘‘Master Plan’’). On the basis of such review,
and review of previously completed environmental and other
resource studies for the Snowbasin Ski Area, Congress hereby
finds that the ‘‘Phase I’’ facilities referred to in the Master
Plan to be located on National Forest System land after con-
summation of the land exchange directed by this section are
limited in size and scope, are reasonable and necessary to
accommodate the 2002 Olympics, and in some cases are
required to provide for the safety of skiing competitors and
spectators.
H. R. 4236—34
(B) Within 60 days after the date of enactment of this
Act, the Secretary and the Sun Valley Company shall review
the Master Plan insofar as such plan pertains to Phase I
facilities which are to be constructed and operated wholly or
partially on National Forest System lands retained by the
Secretary after consummation of the land exchange directed
by this section. The Secretary may modify such Phase I facilities
upon mutual agreement with the Sun Valley Company or by
imposing conditions pursuant to paragraph (2) of this
subsection.
(C) Within 90 days after the date of enactment of this
Act, the Secretary shall submit the reviewed Master Plan on
the Phase I facilities, including any modifications made thereto
pursuant to subparagraph (B), to the Committee on Energy
and Natural Resources of the United States Senate and the
Committee on Resources of the United States House of
Representatives for a 30-day review period. At the end of the
30-day period, unless otherwise directed by Act of Congress,
the Secretary may issue all necessary authorizations for
construction and operation of such facilities or modifications
thereof in accordance with the procedures and provisions of
paragraph (2) of this subsection.
(2) 
PHASE
I
FACILITY
APPROVAL, 
CONDITIONS, 
AND
TIMETABLE.—Within 120 days of receipt of an application by
the Sun Valley Company to authorize construction and oper-
ation of any particular Phase I facility, facilities, or group
of facilities, the Secretary, in consultation with the Sun Valley
Company, shall authorize construction and operation of such
facility, facilities, or group of facilities, subject to the general
policies of the Forest Service pertaining to the construction
and operation of ski area facilities on National Forest System
lands and subject to reasonable conditions to protect National
Forest System resources. In providing authorization to
construct and operate a facility, facilities, or group of facilities,
the Secretary may not impose any condition that would signifi-
cantly change the location, size, or scope of the applied for
Phase I facility unless—
(A) the modification is mutually agreed to by the
Secretary and the Sun Valley Company; or
(B) the modification is necessary to protect health and
safety.
Nothing in this subsection shall be construed to affect the
Secretary’s responsibility to monitor and assure compliance
with the conditions set forth in the construction and operation
authorization.
(3) CONGRESSIONAL
DIRECTIONS.—Notwithstanding any
other provision of law, Congress finds that consummation of
the land exchange directed by this section and all determina-
tions, authorizations, and actions taken by the Secretary pursu-
ant to this section pertaining to Phase I facilities on National
Forest System lands, or any modifications thereof, to be non-
discretionary actions authorized and directed by Congress and
hence to comply with all procedural and other requirements
of the laws of the United States. Such determinations,
authorizations, and actions shall not be subject to administra-
tive or judicial review.
H. R. 4236—35
(f) NO PRECEDENT.—Nothing in subsection (c)(4)(B) of this
section relating to conditions or limitations on the appraisal of
the Federal lands, or any provision of subsection (e), relating to
the approval by the Congress or the Forest Service of facilities
on National Forest System lands, shall be construed as a precedent
for subsequent legislation.
SEC. 305. ARKANSAS AND OKLAHOMA LAND EXCHANGE.
(a) FINDINGS.—Congress finds that:
(1) The Weyerhaeuser Company has offered to the United
States Government an exchange of lands under which
Weyerhaeuser would receive approximately 48,000 acres of
Federal land in Arkansas and Oklahoma and all mineral
interests and oil and gas interests pertaining to these
exchanged lands in which the United States Government has
an interest in return for conveying to the United States lands
owned by Weyerhaeuser consisting of approximately 181,000
acres of forested wetlands and other forest land of public
interest in Arkansas and Oklahoma and all mineral interests
and all oil and gas interests pertaining to 48,000 acres of
these 181,000 acres of exchanged lands in which Weyerhaeuser
has an interest, consisting of—
(A) certain lands in Arkansas (Arkansas Ouachita
lands) located near Poteau Mountain, Caney Creek Wilder-
ness, Lake Ouachita, Little Missouri Wild and Scenic River,
Flatside Wilderness and the Ouachita National Forest;
(B) certain lands in Oklahoma (Oklahoma lands)
located near the McCurtain County Wilderness, the Broken
Bow Reservoir, the Glover River, and the Ouachita
National Forest; and
(C) certain lands in Arkansas (Arkansas Cossatot
lands) located on the Little and Cossatot Rivers and identi-
fied as the ‘‘Pond Creek Bottoms’’ in the Lower Mississippi
River Delta section of the North American Waterfowl
Management Plan;
(2) acquisition of the Arkansas Cossatot lands by the United
States will remove the lands in the heart of a critical wetland
ecosystem from sustained timber production and other
development;
(3) the acquisition of the Arkansas Ouachita lands and
the Oklahoma lands by the United States for administration
by the Forest Service will provide an opportunity for enhance-
ment of ecosystem management of the National Forest System
lands and resources;
(4) the Arkansas Ouachita lands and the Oklahoma lands
have outstanding wildlife habitat and important recreational
values and should continue to be made available for activities
such as public hunting, fishing, trapping, nature observation,
enjoyment, education, and timber management whenever these
activities are consistent with applicable Federal laws and land
and resource management plans; these lands, especially in
the riparian zones, also harbor endangered, threatened and
sensitive plants and animals and the conservation and restora-
tion of these areas are important to the recreational and edu-
cational public uses and will represent a valuable ecological
resource which should be conserved;