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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Snowbasin Land Ex-
change Act of 1995’’.
SEC. 2. FINDINGS AND DETERMINATION.
(a) FINDINGS.—The Congress finds that—
(1) in June 1995, Salt Lake City, Utah, was se-
lected to host the 2002 Winter Olympic Games, and
the Snowbasin Ski Resort, which is owned by the Sun
Valley Company, was identified as the site of six
Olympic events: the men’s and women’s downhills,
men’s and women’s Super-Gs, and men’s and wom-
en’s combined downhills;
(2) in order to adequately accommodate these
events, which are traditionally among the most popu-
lar and heavily attended at the Winter Olympic
Games, major new skiing, visitor, and support facili-
ties will have to be constructed at the Snowbasin Ski
Resort on land currently administered by the United
States Forest Service;
(3) while certain of these new facilities can be
accommodated on National Forest land under tradi-
tional Forest Service permitting authorities, the base
area facilities necessary to host visitors to the ski area
and the Winter Olympics are of such a nature that
they should logically be located on private land;
(4) land exchanges have been routinely utilized
by the Forest Service to transfer base area lands to
many other ski areas, and the Forest Service and the
Sun Valley Company have concluded that a land ex-
change to transfer base area lands at the Snowbasin
Ski Resort to the Sun Valley Company is both logical
and advisable;
(5) an environmental impact statement and nu-
merous resource studies have been completed by the
Forest Service and the Sun Valley Company for the
lands proposed to be transferred to the Sun Valley
Company by this Act;
(6) the Sun Valley Company has assembled
lands with outstanding environmental, recreational,
and other values to convey to the Forest Service in re-
turn for the lands it will receive in the exchange, and
the Forest Service has identified such lands as desir-
able for acquisition by the United States; and
(7) completion of a land exchange and approval
of a development plan for Olympic related facilities
at the Snowbasin Ski Resort is essential to ensure
that all necessary facilities can be constructed, tested
for safety and other purposes, and become fully oper-
ational in advance of the 2002 Winter Olympics and
earlier pre-Olympic events.
(b) DETERMINATION.—The Congress has reviewed the
previous analyses and studies of the lands to be exchanged
and developed pursuant to this Act, and has made its own
review of these lands and issues involved, and on the basis
of those reviews hereby finds and determines that a legis-
lated land exchange and development plan approval is nec-
essary to meet Olympic goals and timetables.
SEC. 3. PURPOSE AND INTENT.
The purpose of this Act is to authorize and direct the
Secretary to exchange 1,320 acres of federally-owned land
within the Cache National Forest in the State of Utah for
lands of approximately equal value owned by the Sun Val-
ley Company. It is the intent of Congress that this exchange
be effected without delay within the period specified by sec-
tion 5.
SEC. 4. DEFINITIONS.
As used in this Act—
(1) the term ‘‘Sun Valley Company’’ means the
Sun Valley Company, a division of Sinclair Oil Cor-
poration, a Wyoming Corporation, or its successors or
assigns; and
(2) the term ‘‘Secretary’’ means the Secretary of
Agriculture.
SEC. 5. EXCHANGE.
(a) FEDERAL SELECTED LANDS.—
(1) IN GENERAL.—Not later than 45 days after
the final determination of value of the Federal selected
lands, the Secretary shall, subject to this Act, transfer
all right, title, and interest of the United States in
and to the lands referred to in paragraph (2) to the
Sun Valley Company.
(2) LANDS DESCRIBED.—The lands referred to in
paragraph (1) are certain lands within the Cache Na-
tional Forest in the State of Utah comprising 1,320
acres, more or less, as generally depicted on the map
entitled ‘‘Snowbasin Land Exchange—Proposed’’ and
dated October 1995.
(b) NON-FEDERAL OFFERED LANDS.—Upon transfer
of the Federal selected lands under subsection (a), and in
exchange for those lands, the Sun Valley Company shall
convey to the Secretary all right, title and interest of the
Sun Valley Company in and to so much of the following
offered lands which have been previously identified by the
United States Forest Service as desirable by the United
States, or which are identified pursuant to paragraph (5),
as are of approximate equal value to the Federal selected
lands:
(1) Certain lands located within the exterior
boundaries of the Cache National Forest in Weber
County, Utah, which comprise approximately 640
acres and are generally depicted on a map entitled
‘‘Lightning Ridge Offered Lands’’, dated October
1995.
(2) Certain lands located within the Cache Na-
tional Forest in Weber County, Utah, which comprise
approximately 635 acres and are generally depicted
on a map entitled ‘‘Wheeler Creek Watershed Offered
Lands-Section 21’’, dated October 1995.
(3) Certain lands located within the exterior
boundaries of the Cache National Forest in Weber
County, Utah, and lying immediately adjacent to the
outskirts of the City of Ogden, Utah, which comprise
approximately 800 acres and are generally depicted
on a map entitled ‘‘Taylor Canyon Offered Lands’’,
dated October 1995.
(4) Certain lands located within the exterior
boundaries of the Cache National Forest in Weber
County, Utah, which comprise approximately 2,040
acres and are generally depicted on a map entitled
‘‘North Fork Ogden River-Devil’s Gate Valley’’, dated
October 1995.
(5) Such additional offered lands as may be nec-
essary to make the values of the lands exchanged pur-
suant to this Act approximately equal, and which are
acceptable to the Secretary.
(c) SUBSTITUTION OF OFFERED LANDS.—If one or
more of the precise offered land parcels identified in para-
graphs (1) through (4) of subsection (b) is unable to be con-
veyed to the United States due to appraisal or other rea-
sons, or if the Secretary and the Sun Valley Company mu-
tually agree and the Secretary determines that an alter-
native offered land package would better serve long term
public needs and objectives, the Sun Valley Company may
convey to the United States alternative offered lands accept-
able to the Secretary in lieu of any or all of the lands identi-
fied in paragraphs (1) through (4) of subsection (b).
(d) VALUATION AND APPRAISALS.—
(1) Values of the lands to be exchanged pursuant
to this Act shall be equal as determined by the Sec-
retary utilizing nationally recognized appraisal
standards. If due to size, location, or use of lands ex-
changed under this Act, 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). In order to expedite the
consummation of the exchange directed by this Act,
the Sun Valley Company shall arrange and pay for
appraisals of the offered and selected lands by a
qualified appraiser mutually acceptable to the Sun
Valley Company and the Secretary. The appraisal of
the Federal selected lands shall be completed and sub-
mitted to the Secretary for approval no later than 90
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 cer-
tain tract or tracts of land, the appraisal, appraisals,
or appraisal issues in dispute and a final determina-
tion of value shall be resolved through a process of
bargaining or submitted to arbitration in accordance
with section 206(d) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(d)).
(2) In order to expedite the appraisal of the Fed-
eral selected lands, such appraisal shall—
(A) value the land 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;
(B) consider the effect on value of improve-
ments constructed on the land by the Forest
Service or third parties but not consider im-
provements 
owned 
or 
constructed 
by 
the
Snowbasin Ski Resort or previous permittee;
(C) recognize that Snowbasin is a proven
ski area and assume that special use permits
which are required for operation of a ski resort
would be granted a buyer of the Federal selected
lands;
(D) consider the effect on value, if any, of
the remaining permit periods of existing special
use permits on the lands held by parties other
than the Snowbasin Ski Resort;
(E) not reflect any enhancement in value to
the Federal selected lands based on the existence
of private lands owned by the Sun Valley Com-
pany in the vicinity of the Snowbasin Ski Re-
sort, and shall assume that private lands owned
by the Sun Valley Company are not available for
use in conjunction with the Federal selected
lands; and
(F) reflect a diminution in value resulting
from deed restrictions or other conditions on the
transfer of the Federal selected lands.
SEC. 6. GENERAL PROVISIONS RELATING TO THE EX-
CHANGE.
(a) IN GENERAL.—The exchange authorized by this
Act shall be subject to the following terms and conditions:
(1) RESERVED RIGHTS-OF-WAY.—In the deed to
be issued pursuant to section 5(a), the Secretary shall
reserve in the United States a right of reasonable ac-
cess across the property conveyed for public access
and for administrative purposes of the United States
necessary to manage adjacent federally-owned lands.
The terms of such access shall be prescribed by the
Secretary within 30 days after the date of the enact-
ment of this Act.
(2) RIGHT OF RESCISSION.—This Act shall not
be binding on either the United States or the Sun
Valley Company if, within 30 days after the final de-
termination 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 Act.
(b) WITHDRAWAL.—Subject to valid existing rights, ef-
fective on the date of enactment of this Act, the Federal se-
lected lands described in section 5(a) and all National For-
est System lands currently under special use permit to the
Sun Valley Company at the Snowbasin Ski Resort are here-
by withdrawn from all forms of appropriation under the
public land laws (including the mining laws) and from dis-
position under all laws pertaining to mineral and geo-
thermal leasing.
(c) DEED.—The conveyance of the offered lands to the
United States under this Act 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.
(d) STATUS OF LANDS.—Upon acceptance of title by
the Secretary, the land conveyed to the United States pursu-
ant to this Act 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 subsection does not limit the Sec-
retary’s authority to adjust the boundaries pursuant to sec-
tion 11 of the Act of March 1, 1911 (‘‘Weeks Act’’). For
the purposes of section 7 of the Land and Water Conserva-
tion Fund Act of 1965 (16 U.S.C. 4601–9), the boundaries
of the Wasatch and Cache National Forests, as adjusted by
this Act, shall be considered to be boundaries of the forests
as of January 1, 1965.
SEC. 7. PHASE I FACILITY CONSTRUCTION AND OPERATION.
(a) PHASE I FACILITY REVIEW AND FINDING.—The
Congress has reviewed the Snowbasin Ski Area Master De-
velopment Plan dated October 1995 (hereinafter in this Act
referred to as the ‘‘Master Plan’’), insofar as such plan per-
tains 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 Act. On the basis of such
review, Congress hereby finds that the Phase I facilities
identified and described in the Master Plan to be located
on National Forest System lands, or any modifications
thereof mutually agreed to by the Secretary and the Sun
Valley Company, are reasonable and necessary to accommo-
date the 2002 Olympics and directs the Secretary to issue
all necessary permits and authorizations for construction
and operation of such facilities in accordance with the pro-
cedures and provisions of this section.
(b) PHASE I FACILITY APPROVAL, CONDITIONS AND
TIMETABLE.—Within 120 days of receipt of an application
by the Sun Valley Company to authorize construction and
operation of any particular Phase I facility, facilities, or
group of facilities, the Secretary, in consultation with the
Sun Valley Company, shall authorize construction and op-
eration of such facility, facilities, or group of facilities, sub-
ject to the general policies of the Forest Service pertaining