[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3907 Introduced in House (IH)]







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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

                      TITLE I--SNOWBASIN SKI AREA

SEC. 101. SHORT TITLE.

    This title may be cited as the ``2002 Winter Olympic Games 
Facilitation Act''.

SEC. 102. FINDINGS AND DETERMINATION.

    (a) Findings.--The Congress finds that--
            (1) in June 1995, Salt Lake City, Utah, was selected 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 
        women's combined downhills;
            (2) in order to adequately accommodate these events, which 
        are traditionally among the most popular and heavily attended 
        at the Winter Olympic Games, major new skiing, visitor, and 
        support facilities 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 traditional 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 exchange 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 numerous 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 title;
            (6) the Sun Valley Company has assembled lands with 
        outstanding environmental, recreational, and other values to 
        convey to the Forest Service in return for the lands it will 
        receive in the exchange, and the Forest Service has identified 
        such lands as desirable 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 operational 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 
title, 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 legislated land exchange and development plan approval is 
necessary to meet Olympic goals and timetables.

SEC. 103. SNOWBASIN LAND EXCHANGE.

    (a) Purpose and Intent.--The purpose of this section 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 Valley 
Company. It is the intent of Congress that this exchange be completed 
without delay within the period specified by subsection (d).
    (b) Definitions.--As used in this section:
            (1) The term ``Sun Valley Company'' means the Sun Valley 
        Company, a division of Sinclair Oil Corporation, a Wyoming 
        Corporation, or its successors or assigns.
            (2) The term ``Secretary'' means the Secretary of 
        Agriculture.
    (c) Exchange.--
            (1) Federal selected lands.--(A) Not later than 45 days 
        after the final determination of value of the Federal selected 
        lands, the Secretary shall, subject to this section, transfer 
        all right, title, and interest of the United States in and to 
        the lands referred to in subparagraph (B) to the Sun Valley 
        Company.
            (B) The lands referred to in subparagraph (A) are certain 
        lands within the Cache National 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.
            (2) Non-federal offered lands.--Upon transfer of the 
        Federal selected lands under paragraph (1), and in exchange for 
        those lands, the Sun Valley Company shall simultaneously 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 subparagraph (E) prior to the transfer 
        of lands under paragraph (1), as are of approximate equal value 
        to the Federal selected lands:
                    (A) 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.
                    (B) Certain lands located within the Cache National 
                Forest in Weber County, Utah, which comprise 
                approximately 635 acres and are generally depicted on a 
                map entitled ``Wheeler Creek Watershed Offered Lands--
                Section 2'' dated October 1995.
                    (C) 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.
                    (D) 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.
                    (E) Such additional offered lands in the State of 
                Utah as may be necessary to make the values of the 
                lands exchanged pursuant to this section approximately 
                equal, and which are acceptable to the Secretary.
            (3) Substitution of offered lands.--If one or more of the 
        precise offered land parcels identified in subparagraphs (A) 
        through (D) of paragraph (2) is unable to be conveyed to the 
        United States due to appraisal or other reasons, or if the 
        Secretary and the Sun Valley Company mutually agree and the 
        Secretary determines that an alternative offered land package 
        would better serve long term public needs and objectives, the 
        Sun Valley Company may simultaneously convey 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 expedite 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 accordance 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 
                property 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 in the United States a right of reasonable 
                access across the conveyed property for public access 
                and for administrative purposes of the United States 
                necessary to manage adjacent federally-owned lands. The 
                terms of such reservation 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 
        withdrawn 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. 4601-9), the 
        boundaries of the Wasatch and Cache National Forests, as 
        adjusted by this section, shall be considered 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 Development Plan 
        dated October 1995 (hereinafter 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 consummation 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.
            (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 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 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 significantly 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 determinations, 
        authorizations, and actions taken by the Secretary pursuant to 
        this section pertaining to Phase I facilities on National 
        Forest System lands, or any modifications thereof, to be 
        nondiscretionary 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 
        administrative or judicial review.
    (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.

                       TITLE II--STERLING FOREST

SEC. 201. FUNDING FOR PALISADES INTERSTATE PARK COMMISSION.

    The Secretary of the Interior is authorized to provide funding to 
the Palisades Interstate Park Commission to be used for the acquisition 
of lands and interests in lands within the area generally depicted on 
the map entitled ``Boundary Map, Sterling Forest Reserve'', numbered 
SFR-60,001 and dated July 1, 1994. There are authorized to be 
appropriated for purposes of this section not more than $17,500,000. No 
funds made available under this section may be used for the acquisition 
of any lands or interest in lands without the consent of the owner 
thereof.

SEC. 202. LAND EXCHANGE.

    The Secretary of the Interior is authorized to exchange unreserved 
unappropriated Federal lands under the administrative jurisdiction of 
the Secretary for the lands comprising approximately 2,220 acres 
depicted on the map entitled ``Sterling Forest, Proposed Sale of 
Sterling Forest Lands'' and dated July 25, 1996. The Secretary shall 
consult with the Governor of any State in which such unreserved 
unappropriated lands are located prior to carrying out such exchange. 
The lands acquired by the Secretary under this section shall be 
transferred to the Palisades Interstate Park Commission to be included 
within the Sterling Forest Reserve. The lands exchanged under this 
section shall be of equal value, as determined by the Secretary 
utilizing nationally recognized appraisal standards. The authority to 
exchange lands under this section shall expire on the date 18 months 
after the date of enactment of this Act.
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