[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1371 Introduced in Senate (IS)]

  1st Session
                                S. 1371

           Entitled ``Snowbasin Land Exchange Act of 1995''.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 31, 1995

    Mr. Hatch (for himself, Mr. Craig, Mr. Bennett, and Mr. Burns) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
           Entitled ``Snowbasin Land Exchange Act of 1995''.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Snowbasin Land Exchange Act of 
1995''.

 SEC. 2. FINDINGS.

    The Congress finds that--
            (1) Salt Lake City, Utah, will host the 2002 Winter 
        Olympics and certain Forest Service lands are necessary to 
        facilitate certain events of the Olympic Games;
            (2) Snowbasin Ski Resort, which is owned by the Sun Valley 
        Company, will host the men's and women's downhill ski events 
        plus other events associated with the 2002 Winter Olympics;
            (3) in order to facilitate the events at the Snowbasin Ski 
        Resort and insure that all necessary support 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, it is in the public interest to 
        exchange to the Sun Valley Company certain National Forest 
        System lands adjacent to the Snowbasin Ski Resort in return for 
        similar lands identified as desirable for acquisition by the 
        Forest Service and which possess outstanding recreational and 
        other values for future public use and enjoyment; and
            (4) the Sun Valley Company and the Snowbasin Ski Resort 
        have long established histories as responsible caretakers and 
        operators of ski areas adjacent to Forest Service lands and 
        have worked in cooperation with the Forest Service to negotiate 
        this exchange.

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 Valley Company. It is the intent of Congress that this 
exchange be effected without delay within the period specified by 
section 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 Corporation, 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 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.
    (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 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 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 are mutually 
        identified by the Secretary and the Sun Valley Company as being 
        desirable for acquisition by the United States and which are 
        necessary to make the values of the lands exchanged pursuant to 
        this Act approximately equal.
    (c) Substitution of Offered Lands.--If one or more of the precise 
offered land parcels identified in paragraphs (1) through (4) of 
subsection (b) 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, at its discretion, convey to 
the United States alternative offered lands identified by the Secretary 
in lieu of any or all of the lands identified 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 approximately equal as determined by the Secretary 
        utilizing nationally recognized appraisal standards. If due to 
        size, location, or use of lands exchanged 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 submitted 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 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 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 Federal 
        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 improvements 
                constructed on the land by the Forest Service or third 
                parties but not consider improvements 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 of any existing 
                special use permits on the land 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 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; and
                    (F) reflect any 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 EXCHANGE.

    (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 access across the property 
        conveyed 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 enactment 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 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 Act.
    (b) Withdrawal.--Subject to valid existing rights, effective on the 
date of enactment of this Act, the Federal selected lands described in 
section 5(a) 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.
    (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 lands conveyed to the United States pursuant to section 5 shall be 
added to and made part of the National Forest System and shall be 
administered and managed by the Secretary in accordance with the laws 
and regulations pertaining to the National Forest System.
    (e) Implementation of Plan.--The Secretary shall implement the 
Phase I Master Development Plan for the Snowbasin Ski Area dated 
November 14, 1995. Nothing in this subsection is intended to affect the 
Forest Service's responsibility to monitor and assure compliance with 
the environmental provisions of the Phase I Master Development Plan and 
permit during development and operation.
    (f) Modification of Plan.--The Phase I Master Development Plan 
referenced in this subsection may be modified at any time after 
November 14, 1995, by mutual agreement of the Secretary and the Sun 
Valley Company.
    (g) Report to Congress.--The Secretary shall report to the 
Committee on Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate that 
implementation of the Master Development Plan provides sufficient 
environmental protections.
    (h) Other Laws.--Congress finds this exchange and the Phase I 
Master Development Plan referred to in subsection (d) and any mutually 
agreed to modifications thereof to be in conformity with all other 
laws, including those pertaining to the exchange and acquisition of 
lands and regarding environmental protection. Except as specifically 
required in this Act, the Secretary shall not conduct any environmental 
analysis, resource surveys, or undertake any other action or procedure 
as a condition to effecting any other provision of this Act.
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