[Congressional Record Volume 142, Number 114 (Tuesday, July 30, 1996)]
[House]
[Pages H8685-H8692]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               2002 WINTER OLYMPIC GAMES FACILITATION ACT

  Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the 
bill (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, as 
amended.
  The Clerk read as follows:

                               H.R. 3907

       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 21'' 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

[[Page H8686]]

     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.
  TITLE III--ANAKTUVUK PASS LAND EXCHANGE AND WILDERNESS REDESIGNATION

     SEC. 301. ANAKTUVUK PASS LAND EXCHANGE.

       (a) Findings.--The Congress makes the following findings:
       (1) The Alaska National Interest Lands Conservation Act (94 
     Stat. 2371), enacted on December 2, 1980, established Gates 
     of the Arctic National Park and Preserve and Gates of the 
     Arctic Wilderness. The village of Anaktuvuk Pass, located in 
     the highlands of the central Brooks Range, is virtually 
     surrounded by these national park and wilderness lands and is 
     the only Native village located within the boundary of a 
     National Park System unit in Alaska.
       (2) Unlike most other Alaskan Native communities, the 
     village of Anaktuvuk Pass is not located on a major river, 
     lake, or coastline that can be used as a means of access. The 
     residents of Anaktuvuk Pass have relied increasingly on snow 
     machines in winter and all-terrain vehicles in summer as 
     their primary means of access to pursue caribou and other 
     subsistence resources.
       (3) In a 1983 land exchange agreement, linear easements 
     were reserved by the Inupiat Eskimo people for use of all-
     terrain vehicles across certain national park lands, mostly 
     along stream

[[Page H8687]]

     and river banks. These linear easements proved 
     unsatisfactory, because they provided inadequate access to 
     subsistence resources while causing excessive environmental 
     impact from concentrated use.
       (4) The National Park Service and the Nunamiut Corporation 
     initiated discussions in 1985 to address concerns over the 
     use of all-terrain vehicles on park and wilderness land. 
     These discussions resulted in an agreement, originally 
     executed in 1992 and thereafter amended in 1993 and 1994, 
     among the National Park Service, Nunamiut Corporation, the 
     City of Anaktuvuk Pass, and Arctic Slope Regional 
     Corporation. Full effectuation of this agreement, as amended, 
     by its terms requires ratification by the Congress.
       (b) Ratification of Agreement.--
       (1) Ratification.--
       (A) In general.--The terms, conditions, procedures, 
     covenants, reservations and other provisions set forth in the 
     document entitled ``Donation, Exchange of Lands and Interests 
     in Lands and Wilderness Redesignation Agreement Among Arctic 
     Slope Regional Corporation, Nunamiut Corporation, City of 
     Anaktuvuk Pass and the United States of America'' 
     (hereinafter referred to in this section as ``the 
     Agreement''), executed by the parties on December 17, 1992, 
     as amended, are hereby incorporated in this title, are 
     ratified and confirmed, and set forth the obligations and 
     commitments of the United States, Arctic Slope Regional 
     Corporation, Nunamiut Corporation and the City of Anaktuvuk 
     Pass, as a matter of Federal law.
       (B) Land acquisition.--Lands acquired by the United States 
     pursuant to the Agreement shall be administered by the 
     Secretary of the Interior (hereinafter referred to as the 
     ``Secretary'') as part of Gates of the Arctic National Park 
     and Preserve, subject to the laws and regulations applicable 
     thereto.
       (2) Maps.--The maps set forth as Exhibits C1, C2, and D 
     through I to the Agreement depict the lands subject to the 
     conveyances, retention of surface access rights, access 
     easements and all-terrain vehicle easements. These lands are 
     depicted in greater detail on a map entitled ``Land Exchange 
     Actions, Proposed Anaktuvuk Pass Land Exchange and Wilderness 
     Redesignation, Gates of the Arctic National Park and 
     Preserve'', Map No. 185/80,039, dated April 1994, and on file 
     at the Alaska Regional Office of the National Park Service 
     and the offices of Gates of the Arctic National Park and 
     Preserve in Fairbanks, Alaska. Written legal descriptions of 
     these lands shall be prepared and made available in the above 
     offices. In case of any discrepancies, Map No. 185/80,039 
     shall be controlling.
       (c) National Park System Wilderness.--
       (1) Gates of the arctic wilderness.--
       (A) Redesignation.--Section 701(2) of the Alaska National 
     Interest Lands Conservation Act (94 Stat. 2371, 2417) 
     establishing the Gates of the Arctic Wilderness is hereby 
     amended with the addition of approximately 56,825 acres as 
     wilderness and the rescission of approximately 73,993 acres 
     as wilderness, thus revising the Gates of the Arctic 
     Wilderness to approximately 7,034,832 acres.
       (B) Map.--The lands redesignated by subparagraph (A) are 
     depicted on a map entitled ``Wilderness Actions, Proposed 
     Anaktuvuk Pass Land Exchange and Wilderness Redesignation, 
     Gates of the Arctic National Park and Preserve'', Map No. 
     185/80,040, dated April 1994, and on file at the Alaska 
     Regional Office of the National Park Service and the office 
     of Gates of the Arctic National Park and Preserve in 
     Fairbanks, Alaska.
       (2) Noatak national preserve.--Section 201(8)(a) of the 
     Alaska National Interest Land Conservation Act (94 Stat. 
     2380) is amended by--
       (A) striking ``approximately six million four hundred and 
     sixty thousand acres'' and inserting in lieu thereof 
     ``approximately 6,477,168 acres''; and
       (B) inserting ``and the map entitled ``Noatak National 
     Preserve and Noatak Wilderness Addition'' dated September 
     1994'' after ``July 1980''.
       (3) Noatak wilderness.--Section 701(7) of the Alaska 
     National Interest Lands Conservation Act (94 Stat. 2417) is 
     amended by striking ``approximately five million eight 
     hundred thousand acres'' and inserting in lieu thereof 
     ``approximately 5,817,168 acres''.
       (d) Conformance With Other Law.--
       (1) Alaska native claims settlement act.--All of the lands, 
     or interests therein, conveyed to and received by Arctic 
     Slope Regional Corporation or Nunamiut Corporation pursuant 
     to the Agreement shall be deemed conveyed and received 
     pursuant to exchanges under section 22(f) of the Alaska 
     Native Claims Settlement Act, as amended (43 U.S.C. 1601, 
     1621(f)). All of the lands or interests in lands conveyed 
     pursuant to the Agreement shall be conveyed subject to valid 
     existing rights.
       (2) Alaska national interest lands conservation act.--
     Except to the extent specifically set forth in this section 
     or the Agreement, nothing in this section or in the Agreement 
     shall be construed to enlarge or diminish the rights, 
     privileges, or obligations of any person, including 
     specifically the preference for subsistence uses and access 
     to subsistence resources provided under the Alaska National 
     Interest Lands Conservation Act (16 U.S.C. 3101 et seq.).

     SEC. 302. ALASKA PENINSULA SUBSURFACE CONSOLIDATION.

       (a) Definitions.--As used in this section:
       (1) Agency.--The term agency--
       (A) means any instrumentality of the United States, and any 
     Government corporation (as defined in section 9101(1) of 
     title 31, United States Code); and
       (B) includes any element of an agency.
       (2) Alaska native corporation.--The term ``Alaska Native 
     Corporation'' has the same meaning as is provided for 
     ``Native Corporation'' in section 3(m) of the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1602(m)).
       (3) Federal lands or interest therein.--The term ``Federal 
     lands or interests therein'' means any lands or properties 
     owned by the United States (A) which are administered by the 
     Secretary, or (B) which are subject to a lease to third 
     parties, or (C) which have been made available to the 
     Secretary for exchange under this section through the 
     concurrence of the director of the agency administering such 
     lands or properties: Provided however, That excluded from 
     such lands shall be those lands which are within an existing 
     conservation system unit as defined in section 102(4) of the 
     Alaska National Interest Lands Conservation Act (16 U.S.C. 
     3102(4)), and those lands the mineral interest for which are 
     currently under mineral lease.
       (4) Koniag.--The term ``Koniag'' means Koniag, 
     Incorporated, which is a regional Corporation.
       (5) Regional corporation.--The term ``Regional 
     Corporation'' has the same meaning as is provided in section 
     3(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 
     1602(g)).
       (6) Secretary.--Except as otherwise provided, the term 
     ``Secretary'' means the Secretary of the Interior.
       (7) Selection rights.--The term ``selection rights'' means 
     those rights granted to Koniag and confirmed as valid 
     selections (within Koniag's entitlement), pursuant to 
     subsections (a) and (b) of section 12, and section 14(h)(8), 
     of the Alaska Native Claims Settlement Act (43 U.S.C. 1611 
     and 1613(h)(8)), to receive title to the oil and gas rights 
     and other interests in the subsurface estate of the 
     approximately 275,000 acres of public lands in the State of 
     Alaska identified as ``Koniag Selections'' on the map 
     entitled ``Koniag Interest Lands, Alaska Peninsula'', dated 
     May 1989.
       (b) Valuation of Koniag Selection Rights.--
       (1) In general.--Pursuant to paragraph (2) of this 
     subsection, the Secretary shall value the Selection Rights 
     which Koniag possesses within the boundaries of Aniakchak 
     National Monument and Preserve, Alaska Peninsula National 
     Wildlife Refuge, and Becharof National Wildlife Refuge.
       (2) Value.--
       (A) In general.--The value of the selection rights shall be 
     equal to the fair market value of--
       (i) the oil and gas interests in the lands or interests in 
     lands that are the subject of the selection rights; and
       (ii) in the case of the lands or interests in lands for 
     which Koniag is to receive the entire subsurface estate, the 
     subsurface estate of the lands or interests in lands that are 
     the subject of the selection rights.
       (B) Appraisal.--
       (i) Selection of appraiser.--

       (I) In general.--Not later than 90 days after the date of 
     enactment of this section the Secretary and Koniag shall meet 
     to select a qualified appraiser to conduct an appraisal of 
     the selection rights. Subject to subclause (II), the 
     appraiser shall be selected by the mutual agreement of the 
     Secretary and Koniag.
       (II) Failure to agree.--If the Secretary and Koniag fail to 
     agree on an appraiser by the date that is 60 days after the 
     date of the initial meeting referred to in subclause (I), the 
     Secretary and Koniag shall, by the date that is not later 
     than 90 days after the date of the initial meeting, each 
     designate an appraiser who is qualified to perform the 
     appraisal. The 2 appraisers so identified shall select a 
     third qualified appraiser who shall perform the appraisal.

       (ii) Standards and methodology.--The appraisal shall be 
     conducted in conformity with the standards of the Appraisal 
     Foundation (as defined in section 1121(9) of the Financial 
     Institutions Reform, Recovery, and Enforcement Act of 1989 
     (12 U.S.C. 3350(9)).
       (iii) Submission of appraisal report.--Not later than 180 
     days after the selection of an appraiser pursuant to clause 
     (i), the appraiser shall submit to the Secretary and to 
     Koniag a written appraisal report specifying the value of the 
     selection rights and the methodology used to arrive at the 
     value.
       (C) Determination of value.--
       (i) Determination by the secretary.--Not later than 60 days 
     after the date of the receipt of the appraisal report under 
     subparagraph (B)(iii), the Secretary shall determine the 
     value of the selection rights and shall notify Koniag of the 
     determination.
       (ii) Alternative determination of value.--

       (I) In general.--Subject to subclause (II), if Koniag does 
     not agree with the value determined by the Secretary under 
     clause (i), the procedures specified in section 206(d) of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1716 (d)) shall be used to establish the value.
       (II) Average value limitation.--The average value per acre 
     of the selection rights shall not be less than the value 
     utilizing the risk adjusted discount cash flow methodology, 
     but in no event may exceed $300.

       (c) Koniag Account.--
       (1) In general.--(A) The Secretary shall enter into 
     negotiations for an agreement or agreements to exchange 
     Federal lands or interests therein which are in the State of 
     Alaska for the Selection Rights.
       (B) If the value of the Federal property to be exchanged is 
     less than the value of the Selection Rights established in 
     subsection (b), and if such Federal property to be exchanged 
     is not generating receipts to the Federal Government in 
     excess of $1,000,000 per year, then the Secretary may 
     exchange the Federal property for that portion of the 
     Selection Rights having a value equal to that of the Federal 
     property. The remaining selection rights shall remain 
     available for additional exchanges.
       (C) For the purposes of any exchange to be consummated 
     under this section, if less than all

[[Page H8688]]

     the selection rights are being exchanged, then the value of 
     the selection rights being exchanged shall be equal to the 
     number of acres of selection rights being exchanged 
     multiplied by a fraction, the numerator of which is the value 
     of all the selection rights as determined pursuant to 
     subsection (b) hereof and the denominator of which is the 
     total number of acres of selection rights.
       (2) Additional exchanges.--If, after 10 years from the date 
     of the enactment of this section, the Secretary was unable to 
     conclude such exchanges as may be required to acquire all of 
     the selection rights, he shall conclude exchanges for the 
     remaining selection rights for such Federal property as may 
     be identified by Koniag, which property is available for 
     transfer to the administrative jurisdiction of the Secretary 
     under any provision of law and which property, at the time of 
     the proposed transfer to Koniag is not generating receipts to 
     the Federal Government in excess of $1,000,000 per year. The 
     Secretary shall keep Koniag advised in a timely manner as to 
     which properties may be available for such transfer. Upon 
     receipt of such identification by Koniag, the Secretary shall 
     request in a timely manner the transfer of such identified 
     property to the administrative jurisdiction of the Department 
     of the Interior. Such property shall not be subject to the 
     geographic limitations of section 206(b) of the Federal Land 
     Policy and Management Act and may be retained by the 
     Secretary solely for purposes of transferring it to Koniag to 
     complete the exchange. Should the value of the property so 
     identified by Koniag be in excess of the value of the 
     remaining selection rights, then Koniag shall have the option 
     of (A) declining to proceed with the exchange and identifying 
     other property, or (B) paying the difference in value between 
     the property rights.
       (3) Revenues.--Any property received by Koniag in an 
     exchange entered into pursuant to paragraph (1) or (2) shall 
     be deemed to be an interest in the subsurface for purposes of 
     section 7(i) of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1601 et seq.): Provided however, That should Koniag 
     make a payment to equalize the value in any such exchange, 
     then Koniag will be deemed to hold an undivided interest in 
     the property equal in value to such payment which interest 
     shall not be subject to the provisions of section 7(i) of 
     that Act.
       (d) Authority To Appoint and Remove Trustee.--In 
     establishing a Settlement Trust under section 39 of the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1629c), Koniag 
     may delegate, in whole or in part, the authority granted to 
     Koniag under subsection (b)(2) of such section to any entity 
     that Koniag may select without affecting the status of the 
     trust as a Settlement Trust under such section.

  The SPEAKER pro tempore (Mr. Ewing). Pursuant to the rule, the 
gentleman from Utah [Mr. Hansen] and the gentleman from California [Mr. 
Miller] each will control 20 minutes.
  The Chair recognizes the gentleman from Utah [Mr. Hansen].
  (Mr. HANSEN asked and was given permission to revise and extend his 
remarks.)
  Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
  A half a century ago, the civic and business leaders in northern Utah 
joined together and acquired a magnificent mountain area called 
Snowbasin, just miles away from the city of Ogdon. They envisioned a 
ski area at Snowbasin with world class potential that would attract 
skiers from all over the world.
  Today, their dream is a reality.
  On June 16, 1995, the International Olympic Committee [IOC] awarded 
the honor of hosting the 2002 winter Olympic games to Salt Lake City. 
In so doing, Olympic experts chose Snowbasin as the site for the 
prestigious downhill skiing events of the winter games. Considered by 
Olympic experts to be one of the best downhill ski areas in North 
America, Snowbasin is an outstanding selection for Olympic competition 
because of its huge vertical and technical difficulty. In truth, the 
IOC members saw the very same ski potential in Snowbasin that the 
leaders of Ogden imagined decades ago.
  As a result of this Olympic decision, I am very pleased to present to 
the House H.R. 3907, the 2002 Winter Olympic Games Facilitation Act, a 
measure that is urgently needed to enable these major men's and women's 
downhill ski events to occur at Snowbasin in the year 2002.
  I am grateful for the tremendous support and endorsements received 
from those in Utah including Gov. Michael Leavitt, the Utah State 
Legislature, the city of Ogden, civic organizations, numerous citizens 
and even members of the media. I thank the chairman of the Salt Lake 
Olympic Organization Committee, Mr. Frank Joklik, who twice came to 
Washington to inform Congress of Snowbasin's importance to the winter 
games.
  Mr. Speaker, I reserve the balance of my time.
  Mr. MILLER of California. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, as the gentleman from Utah has properly explained, this 
legislation provides for the Snowbasin land exchange as it was 
considered in the committee, and this is to facilitate the winter 
Olympics in Salt Lake City in 2002. We believe that that is in fact 
proper.
  I do continue to have some reservations about our approval of a 
privately prepared master development plan and the sufficiency language 
which I believe is still in this legislation, but I also believe that 
this legislation is important to the facilities for the Olympics. This 
legislation also includes a provision for the funding of the Palisades 
Interstate Park Commission for acquisition of lands within Sterling 
Forest.
  Many of our colleagues, the gentleman from New York, Mr. Hinchey, the 
gentleman from New Jersey, Mr. Martini, the gentlewoman from New 
Jersey, Mrs. Roukema, Senator Bradley, Senator Lautenberg, the 
gentleman from New Jersey, Mr. Torricelli, virtually the whole New 
Jersey delegation and much of the New York delegation has worked on 
this legislation for a considerable period of time.
  This is a very important piece of legislation as is Snowbasin because 
this also provides for the protection of habitat of some 27 rare and 
endangered species and also provides the protection of a very 
significant watershed area for northern New Jersey and providing 
drinking water for approximately 25 percent of that State's population. 
The legislation will allow for the joint Federal-State venture to 
acquire lands from a willing seller and a willing buyer to be managed 
by a commission which will permanently protect the watershed outdoor 
recreational resources and open space of the area.
  Finally, this legislation includes, I believe, now a third title 
dealing with lands within Alaska, the Anaktuvuk pass legislation which 
was noncontroversial and passed this House before, and Koniag, what was 
originally a wilderness bill authored by the gentleman from Alaska [Mr. 
Young], the chairman of our committee. As I understand it now, the 
wilderness provisions have been dropped for that but provides authority 
for selection rights.
  I would like to ask the gentleman from Utah [Mr. Hansen], chairman of 
the subcommittee, a question, if I might. It is my understanding that 
it has been amended so that the Secretary is authorized to purchase 
only those lands which in fact the natives actually own and not their 
selection rights as originally written. Is that the gentleman's 
understanding of the amendment?
  Mr. HANSEN. Mr. Speaker, will the gentleman yield?
  Mr. MILLER of California. I yield to the gentleman from Utah.
  Mr. HANSEN. Mr. Speaker, that would be my understanding of the 
legislation also.
  Mr. MILLER of California. Mr. Speaker, I thank the gentleman for 
accepting that amendment. I think it makes this legislative package 
much less controversial and its success chances much higher. It was my 
understanding that the administration did have serious problems with 
the Koniag portion of this legislation in the sense that the Government 
might get itself, under the original legislation, into the payment of 
rights that, in fact, perhaps were not even owned by the native 
corporation. I think this amendment takes care of it. I think, with 
that, this legislation deserves the support of all of the Members of 
the House.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HANSEN. Mr. Speaker, I appreciate the comments of the gentleman 
from California.
  Mr. Speaker, I yield 3 minutes to the gentlewoman from New Jersey 
[Mrs. Roukema], one who has worked very diligently on this bill.
  (Mrs. ROUKEMA asked and was given permission to revise and extend her 
remarks.)
  Mrs. ROUKEMA. Mr. Speaker, I certainly want to thank the gentleman 
from Utah, Chairman Hansen, for his help.
  Mr. Speaker, I rise in strong support of H.R. 3907 and urge my 
colleagues on both sides of the aisle to support this important 
legislation.
  Today, we are here with good news for the people of New Jersey and 
New

[[Page H8689]]

York--H.R. 3907 is the key that will unlock the appropriated money that 
Congress has included in this year's Interior appropriations bill to 
help purchase Sterling Forest.
  East has finally met West and Sterling Forest is no longer part of 
gridlock in this Congress. Enactment of this legislation is essential, 
if the Federal Government is to play a role in this public-private 
partnership.
  We are clearing an important hurdle here today in our commitment to 
preserve and protect Sterling Forest once and for all.
  First, I want to thank Chairman Hansen for recognizing the overriding 
interests of the Nation--and for his willingness to understand that 
Sterling Forest is more than just a pristine piece of open space for 
camping, skiing, hiking, and fishing as significant an asset as this 
open space is to our region. It is the source of clean, safe drinking 
water for some 3 million northern New Jersey residents. If we allow 
that drinking water to be contaminated by development, we will pay the 
purchase price many times over in cleanup cost and the cost of building 
new water treatment plants. With this legislation, we are not being 
penny wise and pound foolish. Instead of reacting to a crisis after the 
fact, we are anticipating the problem now and taking steps to avoid it. 
This legislation is good public policy.
  As you know, Sterling Forest is one of the largest tracts of 
privately owned, undeveloped forest land in the mid-Atlantic United 
States. This is heavily forested land--10 percent of which is located 
in my district in northern New Jersey and the remaining 90 percent of 
which is located in orange County, NY, our colleague Ben Gilman's 
district. It currently provides countless recreational opportunities to 
millions of nearby residents and visitors. Again, it is not only 
recreation that brings me here today as high a priority as open space 
is to our region, but something far more fundamental--water.
  As the primary source of drinking water to over 3 million residents 
of my State, preservation of Sterling Forest is essential. Numerous 
tributaries and feeder streams flow south from Sterling Forest right 
into the Wanaque reservoir, which supplies drinking water for 25 
percent of all residents of New Jersey.
  Consequently, the protection of this unique natural resource in a 
region struggling to grapple with urban sprawl is a matter of utmost 
importance. This is a critical issue for the most densely populated 
area of the Nation's most densely populated State, northern New Jersey.
  Simply put: preserving Sterling Forest protects the drinking water 
supply of northern New Jersey and New York, and it is imperative for 
the 104th Congress to take action.
  At the State level, the support for preserving Sterling Forest is 
equally strong.
  Governor Whitman has already signed into law legislation that commits 
our State to spending $10 million to help with the purchase of the 
forest. In addition, Governor Pataki has committed his administration 
in Albany to match New Jersey's contribution dollar-for-dollar.
  Here in Congress, legislation to protect Sterling Forest has enjoyed 
bipartisan support in both the New Jersey and New York delegations, as 
witnessed by the presence of those Members who are speaking today.
  In these times of tight budget constraints, it is simply unrealistic 
to expect the Government to carry the burden by itself. From the 
beginning the coalition behind Sterling Forest firmly believed that the 
best method to use in preserving and protecting Sterling Forest was a 
public-private partnership, with its purchase price being funded using 
private, State and Federal funds. That is why I introduced H.R. 194 in 
1995 and have consistently supported H.R. 400 as passed by the Senate 
last July as the most expeditious solution to seeing that Sterling 
Forest was protected.
  To date, at least $5 million in private contributions have been 
committed toward helping protect Sterling Forest. These efforts will 
continue, and private funds are expected to play an important role in 
the purchase of this land.
  And, as I have already mentioned, New Jersey and New York have 
committed to spending $10 million each.
  I want to emphasize something about these Federal funds: this is a 
one-time funding request, because this legislation provides for the 
Palisades Interstate Park Commission [PIPC] and the State of New York 
to accept financial responsibility for the long-term management of the 
Sterling Forest. This cost sharing is consistent with my legislation 
H.R. 194.
  I also want to thank Chairman Regula. For years, I have worked with 
him in an effort to secure appropriate funding levels for this 
important project. I am happy to report that this year Chairman Regula 
was instrumental in seeing that language was included in the Interior 
appropriations bill which ranked Sterling Forest as one of the Nation's 
top two priorities for land acquisition and recommended that Sterling 
Forest receive $9 million as a down payment on the Federal Government's 
$17.5 million share of the purchase price.
  Finally, I want to thank the Speaker for his strong endorsement of 
this important project to New Jersey. In March Speaker Gingrich visited 
Sterling Forest and promised that Congress would pass legislation to 
protect Sterling Forest this year. Clearly, his advocacy has been an 
important factor in reaching this point today, and I want to express my 
appreciation for his assistance.
  On behalf of the 3 million New Jersey residents who depend on this 
area for clean safe drinking water and the millions of recreational 
users who treasure this pristine open space, I urge you to support H.R. 
3907.
  Mr. MILLER of California. Mr. Speaker, I have no further requests for 
time, and I yield back the balance of my time.
  Mr. HANSEN. Mr. Speaker, I yield myself 5 minutes.
  Mr. Speaker, this legislation accomplishes two important objectives. 
First, it completes a land exchange that is key to preparing base 
facilities at Snowbasin for the 2002 Olympics. Second, it provides the 
means to allow Olympic Phase I. Facilities to be built on National 
Forest System lands at Snowbasin in a timely manner.


                           The Land Exchange

  Let me first discuss the land exchange. This legislation completes a 
land trade that has been under administrative review by the U.S. Forest 
Service for more than a decade. In the 1940's the ownership of 
Snowbasin was transferred to the Forest Service, who at the time was 
actively engaged in promoting skiing interests.
  The need to finalize the Snowbasin land exchange was heightened when 
the IOC awarded the 2002 Winter Olympics to Salt Lake City. In order to 
accommodate the downhill ski events, which attract large crowds and 
extensive media coverage, major new visitor and support facilities must 
be constructed at the base of Snowbasin. Therefore, the need to prepare 
base facilities at Snowbasin for the Olympics provides greater urgency 
to complete the land exchange as soon as possible.
  The provisions set forth in the 2002 Winter Olympic Games 
Facilitation Act make this a traditional land exchange in all respects, 
namely: The Forest Service will receive high priority lands it has 
designated for acquisition; Public and private lands will be appraised 
in accordance with Uniform Standards for Federal Land Acquisition and 
FLPMA; Land exchange values will be exactly equal through traditional 
cash equalization payments, and Public and private lands will be 
conveyed simultaneously.
  I want to emphasize that in exchange for the 1,320 acres of land at 
Snowbasin, the United States will receive at least 4,100 acres of land 
in the same vicinity. This is beautiful mountain land that possesses 
outstanding recreational and environmental values. One of the exchange 
parcels Taylor Canyon lies directly on the outskirts of the city of 
Ogden. It is a magnificent canyon area that the Forest Service and 
residents of Ogden have desired for public acquisition. Another parcel 
is Lighting Ridge Ridge located about 20 miles from Ogden. Not only is 
this beautiful mountain land but this parcel will open public access to 
4,000 acres of National Forest land. Once this land exchange is 
completed, the National Forest in Utah will increase in size by more 
than four square miles while providing public access to thousands of 
additional acres of National Forest land that has long been isolated.

[[Page H8690]]

  Environmentally, the Snowbasin land exchange is based on sound merit. 
Numerous resource studies, including an Environmental Impact Statement, 
have already been completed by the Forest Service at Snowbasin. These 
studies, which span more than a decade, have been extensive and cover 
such areas as fish, wildlife, plant, water, soil, geologic, cultural, 
and socio-economic aspects of Snowbasin. The Forest Service has 
supplemented this work with specific studies on areas of special 
concern. Furthermore, Olympic planners also chose Snowbasin because it 
raised far fewer environmental concerns than other potential sites. 
When environmental impacts of all possible ski areas in northern Utah 
were considered, Snowbasin represented the best alternative.


              phase I facilities--construction & operation

  The second--and perhaps most important--reason for the 2002 Winter 
Olympic Games Facilitation Act relates to timing. Since the Snowbasin 
ski area will remain in the National Forest after the trade, the 
downhill courses, snowmaking, chair lifts, safety netting, and 
equipment and other facilities must be built on National Forest land 
for the Olympics. These facilities are needed to accommodate the 
athletes, spectators and the media. My subcommittee heard compelling 
testimony that construction of these facilities must begin soon to 
prepare Snowbasin for both Olympic and pre-Olympic--World Cup--events. 
The first international test events at Snowbasin are scheduled for the 
winter of 1998-99. This Olympic timetable represents a unique 
circumstance and the Forest Service indicates that an expedited review 
and implementation process is necessary.


                               conclusion

  Snowbasin is the only venue of the 2002 Winter Olympic Games that 
will be held on National Forest land. As such, it presents a remarkable 
opportunity for America to showcase these magnificent lands to a 
worldwide television audience of about 3 billion people.
  Throughout this legislative effort I have sought out the ideas and 
concerns of Forest Service officials, Members of Congress and 
professional staff, as well as senior administration officials. I have 
also listened closely to my Utah constituency. As a result, I can 
honestly say we have made a good faith effort to incorporate the views 
and suggestions I received. I believe we now have a very good bill that 
will enable Olympic progress at Snowbasin to proceed in a timely and 
environmentally sound manner. Therefore, I invite and ask my colleagues 
from both sides of the isle to join me in supporting this very 
important legislation for the 2002 Olympics.
  Mr. Speaker, I yield 5 minutes to the gentleman from New Jersey [Mr. 
Martini], who has worked so hard on the portion of the bill on Sterling 
Forest.
  Mr. MARTINI. Mr. Speaker, I rise in strong support of this bill--a 
product of much debate over the course of my service here in the House 
of Representatives. I must begin by thanking Speaker Gingrich for his 
commitment to the acquisition of Sterling Forest, as well as to extend 
my thanks to Resources Subcommittee on Parks, Forests and lands 
Chairman James Hansen, for working with me on this legislation to 
authorize both the acquisition of Sterling Forest and the Snow Basin 
Land exchange.
  Furthermore, Mr. Speaker, I must thank the New Jersey and New York 
delegation for their efforts. It was our collective pursuit of Sterling 
Forest that has today brought it to possible fruition.
  With that said, I would like to take a moment to share with my 
colleagues the importance of acquiring Sterling Forest.
  H.R. 3907 authorizes $17.5 million for the purchase of the most 
environmentally sensitive portion of the land--approximately 90 percent 
that has already been negotiated with the current owner. It also offers 
a land exchange opportunity for the remaining 10 percent of the land, a 
portion that is now partially developed.
  As a Passaic County Freeholder, I understood early on the need to 
take action to protect Sterling Forest. In fact, during my service on 
the Passaic County Board of Freeholders, the board was the first entity 
to secure part of the Sterling Forest in 1993--purchasing 2,000 acres. 
I have since been looking forward to the day that the reserve would 
have compete Federal protection.
  Located in southern New York and bordering northern New Jersey, 
Sterling Forest, in its current undeveloped state, is important to the 
residents of both States for a variety of reasons. I like to think of 
it as a 21st Century equivalent to Central Park. While today Sterling 
Forest is removed from densely populated areas, just as Central Park 
was at its inception, decades from now the importance of this preserved 
open space will be ten-fold.
  Sterling Forest is a 17,500 acre water and recreational reserve that 
area residents and public officials have repeatedly requested the 
Federal Government protect. As a recreational area for New York and New 
Jersey, Sterling Forest offers a haven for families and individuals 
interested in leaving behind stresses of everyday life. The picturesque 
beauty of this natural sanctuary provides a wide variety of outdoor 
activities for the enjoyment of everyone. Sterling Forest even serves 
as a connection to the Northeast with the Appalachian trail winding its 
way through the forest's rough terrain.
  Most importantly, however, Sterling Forest is a watershed for most of 
northern New Jersey and the surrounding area. It provides nearly 2 
million New Jersey residents with clean and safe drinking water.
  Proposed development and urbanization of this area will destroy a 
great bounty of natural resources to the entire Northeast. Furthermore, 
if the land is developed, the water that flows from Sterling Forest 
could become polluted. The only viable solution at that point would be 
to build a water treatment center at the cost of $150 million to New 
Jersey taxpayers. Not only would this cost the taxpayers revenue they 
just don't have but it is, at best, a second-rate solution. Truthfully, 
Mr. Speaker, there is just no comparison between treated water and 
water from a natural watershed such as Sterling Forest.
  I see it as fitting that we pass today's legislation during the same 
week as we take up both the Water Resources Development Act of 1996 and 
the conference report for the Safe Drinking Water Act Amendments. This 
string of legislation demonstrates the 104th Congress' commitment to 
providing safe drinking water and protecting our nations water 
resources for generations to come.
  Some naysayers continue to challenge this Congress's record on the 
environment. However, the fact is that Sterling Forest has come further 
in the 104th Congress than ever before.
  This Congress, as well as this legislation, also recognizes that the 
fiscal order of the House of Representatives has been neglected for too 
many years. There must be a balance between our fiscal responsibility 
and environmental protection, for the two are intertwined.
  We, as a nation are now realizing that to do otherwise would be a 
travesty of justice--to leave our children with a nation either in 
financial ruin or a nation in environmental ruin. Both are 
unacceptable.
  This legislation sets up an unique management and fiscal partnership 
between all levels of government. Governor Christine Todd Whitman of 
New Jersey signed the appropriation and authorization of $10 million 
towards the project, Governor George Pataki of New York approved the 
1995-96 budget including $18 million for land conservation, and private 
interest are also involved in the funding of this acquisition.
  In fact, purchasing this land is a just a one-time expense. The 
Department of the Interior will not be burdened by the costs of 
managing and maintaining the forest, for this will be done jointly by 
New York and New Jersey. A partnership such as this of local, State, 
and Federal governments is positive for all involved and should serve 
as a model for future land acquisition.
  To those who claim that you cannot protect the economy and the 
environment simultaneously, I say that our efforts demonstrate a proper 
balance of the two. The acquisition of Sterling Forest should clearly 
be viewed by my colleague here in the House of Representatives as an 
investment in the future of the tri-state region.
  In closing, I would like to applaud the joint effort that has existed 
for a

[[Page H8691]]

number of years toward this common goal. An alliance of governmental 
agencies and public interest groups have joined together to save this 
vital resource. It is through this collective effort and I believe we 
will finally reach our goal and save Sterling Forest from development.
  No matter how you look at this project, saving the forest yields no 
negative repercussions. The preservation of a vital source of water to 
one of the most populated areas of the country is not simply a laudable 
aspiration, but rather a necessary undertaking.
  Furthermore, the residents are opposed to development; the local 
governments are opposed to development; and the taxpayers are opposed 
to development.
  I am confident that we will all share in the success of the 
acquisition of Sterling Forest in the very near future and for many 
generations to come. Please support H.R. 3907.
  Mr. HANSEN. Mr. Speaker, I yield 1 minute to another gentleman from 
New Jersey [Mr. Frelinghuysen], who has worked very diligently on this 
bill.
  (Mr. FRELINGHUYSEN asked and was given permission to revise and 
extend his remarks.)
  Mr. FRELINGHUYSEN. Mr. Speaker, I thank the gentleman for yielding 
this time to me.
  Mr. Speaker, I rise today in support of H.R. 3907, and I thank the 
gentleman from Utah [Mr. Hansen] and the ranking member for their 
support and hard work in helping this long sought objective be 
realized.
  I strongly support the provisions for the acquisition of Sterling 
Forest, this important largest undeveloped property in the New York-New 
Jersey metropolitan area. It is a water and recreational reserve area 
and especially a valuable watershed for northern New Jersey. 
Approximately 3\1/2\ million citizens depend on this area for clean 
water.
  Let me thank the Speaker, the gentleman from Georgia [Mr. Gingrich], 
the gentlewoman from New Jersey [Mrs. Roukema], my colleague, the 
gentleman from New Jersey [Mr. Martini], for their leadership in 
preserving this valuable and scarce open space. Without their efforts, 
and most particularly the efforts of the gentleman from Utah [Mr. 
Hansen], we would not be here today, and I am here today to support 
this proposal, and I urge my colleagues to adopt it.
  Mr. Speaker, I rise today in strong support of H.R. 3907, the 
Snowbasin Land Exchange and Sterling Forest Land Acquisition Act. I 
strongly support the provisions in this legislation that authorize 
$17.5 million for the acquisition of Sterling Forest.
  Sterling Forest consists of 20,000 acres in New York and New Jersey 
and is currently owned by the Sterling Forest Corp., which plans to 
develop residences, retail, and light industrial properties on the 
site. If development takes place, it will impact this critical 
watershed that provides water for over 3\1/2\ million people in 
northern New Jersey. This is almost 28 percent of New Jersey's water 
supply that would be negatively affected by development of the land 
tract and would possibly cost New Jersey hundreds of millions of 
dollars in construction costs for new water treatment plants.
  This issue has been a priority for the State of New Jersey for some 
time, and a priority for me as well. When I served in the State 
Legislature as chairman of the Assembly Appropriations Committee, I was 
able to provide $10 million for the acquisition of the land in the 
State budget. Gov. Christine Whitman has worked in conjunction with 
Gov. George Pataki of New York to secure adequate funding to see that 
both our States contribute these essential dollars toward the overall 
purchase price.
  This legislation today continues this effort at the Federal level. 
And, upon authorization of this bill, I am committed to pursuing 
funding as a member of the Appropriations Committee. I have also 
received assurances from Secretary of the Interior Bruce Babbitt on 
several occasions that he will support funding for Sterling Forest once 
the project is authorized.
  Let me make clear that this authorization is a one-time cost to the 
Federal Government. The $17.5 million authorized in this legislation is 
for acquisition costs only after that point, the area will be fully 
operated and managed by the Palisades Interstate Park Commission. In 
fact, the long-term costs to the local and State Governments for water 
treatment and road construction will be far greater if this purchase is 
not made. And, the Federal Government's cost is small relative to the 
total amount needed to buy and maintain the property--a major 
commitment made by New Jersey and New York and a testament to the 
importance of the preservation of Sterling Forest to our area. Sterling 
Forest is the largest remaining undeveloped wilderness tract in the New 
York metropolitan region.
  Mr. Speaker, I thank you for your commitment to preserving this land, 
as well as Congressman Martini and Congresswoman Roukema for all of 
their work on this issue. This acquisition is for the public benefit 
and will serve the interest of present as well as future generations. 
Again, I strongly support this legislation and urge support for the 
bill.
  Mr. HANSEN. Mr. Speaker, I yield 1 minute to the gentleman from New 
York [Mr. Forbes].
  (Mr. FORBES asked and was given permission to revise and extend his 
remarks.)
  Mr. FORBES. Mr. Speaker, I rise in support of H.R. 3907 and 
compliment my colleagues from New Jersey and New York who have 
previously spoken on this very important measure.
  The Sterling Forest Preserve is critical to our region of New York 
and New Jersey, and I want to also salute Governors Pataki and Whitman 
and of course the bipartisan cooperation that existed in allowing for 
this open space preservation.
  This is a legacy, Mr. Speaker, to our children and to future 
generations. We want very much to make sure that this recreation 
preserve and the water resource that would be protected by the 
acquisition of these 17,500 acres must go forward. It is critical to 
our area, and I thank the gentleman from Utah [Mr. Hansen] and the 
committee for their leadership in allowing us to come forward, and 
again I want to compliment the Speaker for his leadership in allowing 
for this preservation.
  Mr. HANSEN. Mr. Speaker, I yield such time as she may consume to the 
gentlewoman from New Jersey [Mrs. Roukema].
  (Mrs. ROUKEMA asked and was given permission to revise and extend her 
remarks.)
  Mrs. ROUKEMA. Mr. Speaker, I really want to take this opportunity for 
unanimous consent to revise and extend my remarks and acknowledge the 
essential role of the gentleman from New York [Mr. Gilman], who could 
not be here today. He represents the New York portion of Sterling 
Forest. He is at a memorial service for former Congressman Fish this 
morning. But the gentleman from New York [Mr. Gilman] played an 
invaluable role here, and I want him to be recognized here today.
  Mr. GILMAN. Mr. Speaker, I rise in strong support for H.R. 3109, 
compromise legislation that includes the Utah snowbasin ski area and 
provides for the acquisition of Sterling Forest.
  I wish to thank Chairman Hansen, my colleagues from New Jersey, Marge 
Roukema and Bill Martini, and my friend from New York, Sherry Boehlert, 
for all of their hard work and persistence in bringing this bill to the 
floor.
  In addition, I want to thank Speaker Gingrich for all of his efforts 
on this matter. As my colleagues may remember the Speaker during his 
visit to Sterling Forest promised that the 104th Congress would 
preserve Sterling Forest. Today the Speaker has fulfilled his promise.
  The passage of this bill will guarantee that Sterling Forest will be 
protected, and will ensure that the last underdeveloped tract of land 
in the Metropolitan New York area will be conserved, while protecting a 
vital watershed, wildlife, and providing additional recreational 
opportunities.
  As the Representative of the 20th Congressional District which 
includes 17,500 acres of Sterling Forest, I can attest to the beauty, 
historical significance, and environmental need to preserve this unique 
tract of land.
  This has been a long time coming. I am especially pleased that we are 
able to vote for a bill today that will benefit Utah as well as the New 
York metropolitan region. This is an example of what we can accomplish 
for the environment when East and West come together.
  I urge all of my colleagues to vote for this important environmental 
measure.
  Mr. FORBES. Mr. Speaker, I rise today in support of H.R. 3907, a bill 
to authorize the acquisition of Sterling Forest and the Snow Basin land 
exchange.
  Sterling Forest is a unique area just 35 miles from New York City. 
Comprised of dense woodland, undisturbed meadows, and majestic 
ridgetops, Sterling Forest is host to a number of unique biological 
communities and numerous sensitive wildlife species. It also consists 
of a major part of the watershed for the reservoirs that provide water 
to 25 percent of all residents in New Jersey and most New York City 
residents. To maintain, not only these valuable natural resources but 
the quality of these waters, acquisition of Sterling Forest has been a 
priority for many years.

[[Page H8692]]

  Recently, an innovative partnership strategy was developed with the 
States of New Jersey and New York to bring the preservation of Sterling 
Forest within reach. Each State has set aside $10 million to contribute 
toward the acquisition and private philanthropy has donated another 
$7.5 million. The final contribution needed is $17.5 million from the 
Federal Government.
  The House Appropriations Committee realized the need to purchase this 
land and has recommended $9 million for the first-year funding of this 
project. This legislation will move us one step closer toward acquiring 
Sterling Forest. It authorizes $17.5 million for acquisition of the 
most environmentally sensitive portion of the forest--90 percent of the 
tract--and includes a land swap for the remaining 10 percent of the 
property. It also directs the Secretary of the Interior to designate 
excess Federal lands to be sold to raise money to fund the purchase of 
the additional 10 percent of the land.
  Mr. Speaker, the owners of the remainder of Sterling Forest have 
agreed to sell the majority of the property--including the most 
critical watershed natural, and recreation lands. Unfortunately, we 
only have 2 years in which to purchase the property or else the owners 
will move forward with a plan to build thousands of homes and millions 
of square feet of office and commercial space on Sterling Forest.
  I commend the House of Representatives for considering H.R. 3907. 
After Several years of stalemate on this issue we are now one step 
closer to preserving Sterling Forest forever
  Mrs. KELLY. Mr. Speaker, I rise in strong support of H.R. 3907, 
legislation which authorizes $17.5 million for the acquisition of the 
important 17,500 acres Sterling Forest reserve, located in southern New 
York and northern New Jersey. The acquisition of the Sterling Forest 
represents perhaps the most important environmental issue for our 
region, and represents an outstanding environmental accomplishment for 
the 104th Congress.
  Sterling Forest is at the headwaters of a system of reservoirs which 
provide water for 1.8 million Metropolitan area residents. It is 
heavily forested, accommodating a wide variety of wildlife and plant 
species, and also includes a portion of the Appalachian Trail. Twenty-
six million Americans live within a 2-hour drive of this important 
environmental resource.
  The acquisition of the Sterling Forest represents a unique 
partnership between the Federal Government, the States of New York and 
New Jersey, and environmental and other private sector interests. The 
States have each pledged $10 million toward acquisition, and the 
private sector will put up $5 million.
  Protecting the Sterling Forest makes sense from an environmental 
standpoint, it makes sense from a recreational standpoint, and it 
represents a good deal for the taxpayer. In New Jersey alone, an 
estimated $150 million in water treatment costs will be required if the 
reservoirs adjacent to the forest are polluted from runoff resulting 
from over-development. The modest Federal investment authorized by this 
legislation will protect these reservoirs for generations to come, and 
do so in a very cost-effective and environmentally sound manner.
  I urge my colleagues to join me in supporting this important 
legislation.

                              {time}  1130

  Mr. HANSEN. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Ewing). The question is on the motion 
offered by the gentleman from Utah [Mr. Hansen] that the House suspend 
the rules and pass the bill, H.R. 3907, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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