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





                                                       Calendar No. 304

104th CONGRESS

  2d Session

                                S. 1371

                          [Report No. 104-201]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            January 3, 1996

                       Reported with an amendment





                                                       Calendar No. 304
104th CONGRESS
  2d Session
                                S. 1371

                          [Report No. 104-201]

           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

                            January 3, 1996

              Reported by Mr. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Snowbasin Land Exchange Act 
of 1995''.</DELETED>

<DELETED> SEC. 2. FINDINGS.</DELETED>

<DELETED>    The Congress finds that--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. PURPOSE AND INTENT.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 4. DEFINITIONS.</DELETED>

<DELETED>    As used in this Act--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) the term ``Secretary'' means the Secretary of 
        Agriculture.</DELETED>

<DELETED>SEC. 5. EXCHANGE.</DELETED>

<DELETED>    (a) Federal Selected Lands.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (d) Valuation and Appraisals.--</DELETED>
        <DELETED>    (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)).</DELETED>
        <DELETED>    (2) In order to expedite the appraisal of the 
        Federal selected lands, such appraisal shall--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (D) consider the effect on value of any 
                existing special use permits on the land held by 
                parties other than the Snowbasin Ski Resort;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (F) reflect any diminution in value 
                resulting from deed restrictions or other conditions on 
                the transfer of the Federal selected lands.</DELETED>

<DELETED> SEC. 6. GENERAL PROVISIONS RELATING TO THE 
              EXCHANGE.</DELETED>

<DELETED>    (a) In General.--The exchange authorized by this Act shall 
be subject to the following terms and conditions:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

SECTION 1. SHORT TITLE.

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

SEC. 2. 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 Act;
            (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 
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 
legislated land exchange and development plan approval with respect to 
certain National Forest System Lands is necessary 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 Valley Company. It is the intent of Congress that this 
exchange be completed 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) 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) 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 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 paragraph (5) prior to the transfer of 
lands under subsection (a), 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 in the State of Utah as 
        may be necessary to make the values of the lands exchanged 
        pursuant 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 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 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 
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 
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 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(b)). 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 
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)).
    (2) In order to expedite the appraisal of the Federal selected 
lands, such appraisal shall--
            (A) 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;
            (B) consider the Federal lands as an independent property 
        as though in the private marketplace and suitable for 
        development to its highest and best use;
            (C) 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
            (D) 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.

 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 any deed issued pursuant to 
        section 5(a), 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.
            (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)(2) 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 land conveyed to the United States pursuant 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 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 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 Finding and Review.--(1) The Congress has 
reviewed the Snowbasin Ski Area Master Development Plan dated October 
1995 (hereinafter in this section 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 Act 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.
    (2) 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 Act. The Secretary may modify such Phase I facilities 
upon mutual agreement with the Sun Valley Company or by imposing 
conditions pursuant to subsection (b) of this section.
    (3) 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 
paragraph (2), 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 subsection (b) 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 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--
            (1) the modification is mutually agreed to by the Secretary 
        and the Sun Valley Company; or
            (2) the modification is necessary to protect health and 
        safety.
Nothing in this section 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.
    (c) Congressional Directions.--Notwithstanding any other provision 
of law, Congress finds that consummation of the land exchange directed 
by this Act and all determinations, authorizations, and actions taken 
by the Secretary pursuant to this Act 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.

SEC. 8. NO PRECEDENT.

    Nothing in section 5(d)(2) of this Act relating to conditions or 
limitations on the appraisal of the Federal lands, or any provision of 
section 7 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.
                                 <all>
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