[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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