[Congressional Record Volume 143, Number 81 (Wednesday, June 11, 1997)]
[Senate]
[Pages S5526-S5527]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WYDEN (for himself and Mr. Smith of Oregon):
  S. 881. A bill to provide for a land exchange involving the Warner 
Canyon Ski Area and other land in the State of Oregon; to the Committee 
on Energy and Natural Resources.


          THE WARNER CANYON SKI HILL LAND EXCHANGE ACT OF 1997

  Mr. WYDEN. Mr. President, I am pleased to introduce legislation 
authorizing an exchange of lands between the U.S. Forest Service, the 
U.S. Fish and Wildlife Service, and Lake County, OR. I believe that 
this exchange project is a win-win proposition for both the Federal 
Government and Lake County.
  Under my bill, the U.S. Forest Service will deed about 290 acres of 
national forest land, comprising the Warner Canyon ski hill, to Lake 
County. In exchange, Lake County will deed roughly 320 acres of land 
within the Hart Mountain National Antelope Refuge to the Federal 
Government. The refuge is managed by the U.S. Fish and Wildlife 
Service.
  The specific acreage offered by the county will be determined upon a 
specific appraisal of all the lands in order to provide for an equal 
value land trade.
  While there is a commonly held notion that western ski areas resemble 
Oregon's Mt. Bachelor or Colorado's Vail, the fact is that there are 
many dozens of very small, financially marginal ski hills in the 
backyards of many small western towns. Warner Canyon is one of them.
  The Warner Canyon ski hill has been operated by the nonprofit Fremont 
Highlanders Ski Club since 1938. It's one of America's last nonprofit 
ski hills. It has one lift--a T bar. It has 780 vertical feet of 
skiing. The ski area is about 5 miles from the town of Lakeview, which 
has a population of roughly 2,500.
  The people of Lakeview believe that this legislation is necessary to 
keep the ski area viable. The Federal requirements for managing ski 
areas are more in tune with the Vails than the Warner Canyons. I'm told 
that under county ownership the liability expense alone should be 
reduced tenfold. The forest supervisor tells us that it costs the 
Forest Service about $10,000 per year to administer the ski area 
permit, yet the area generates just more than $400 per year in ski fee 
revenues to the U.S. Treasury.
  I also want to emphasize the benefits of this bill to the Hart 
Mountain Antelope Refuge. As my colleagues well understand, too many of 
our national wildlife refuges contain private land inholdings over 
which the Federal Government has essentially no control. These lands 
can be sold or developed at any time. If Lake County were ever strapped 
for cash, it would certainly be their prerogative to sell these parcels 
to the highest bidder. With this acquisition we move closer to the 
permanent protection of this important Oregon wildlife refuge.
  I am pleased to be joined in this effort by Senator Gordon Smith.

[[Page S5527]]

  At this time, Mr. President, I ask unanimous consent to be printed in 
the Record the bill and my statement, a document from the Lake County 
Board of Commissioners entitled ``Reasons to support Warner Canyon Ski 
Hill Ownership Transfer,'' and letters of support from the Fremont 
Highlanders Ski Club, Inc., and the Lake County Chamber of Commerce.
  There being no objection, the items were ordered to be printed in the 
Record, as follows:

                                 S. 881

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Warner Canyon Ski Hill Land 
     Exchange Act of 1997''.

     SEC. 2. LAND EXCHANGE INVOLVING WARNER CANYON SKI AREA AND 
                   OTHER LAND IN OREGON.

       (a) Authorization of Exchange.--If title acceptable to the 
     Secretary for non-Federal land described in subsection (b) is 
     conveyed to the United States, the Secretary of Agriculture 
     shall convey to Lake County, Oregon, subject to valid 
     existing rights of record, all right, title, and interest of 
     the United States in and to a parcel of Federal land 
     consisting of approximately 295 acres within the Warner 
     Canyon Ski Area of the Freemont National Forest, as generally 
     depicted on the map entitled ``Warner Canyon Ski Hill Land 
     Exchange'', dated June 1997.
       (b) Non-Federal Land.--The non-Federal land referred to in 
     subsection (a) consists of--
       (1) approximately 320 acres within the Hart Mountain 
     National Wildlife Refugee, as generally depicted on the map 
     referred to in subsection (a); and
       (2) such other parcels of land owned by Lake County, 
     Oregon, within the Refuge as are necessary to ensure that the 
     values of the Federal land and non-Federal land to be 
     exchanged under this section are approximately equal in 
     value, as determined by appraisals.
       (c) Acceptable Title.--Title to the non-Federal land 
     conveyed to the United States under subsection (a) shall be 
     such title as is acceptable to the Secretary of the Interior, 
     in conformance with title approval standards applicable to 
     Federal land acquisitions.
       (d) Valid Existing Rights.--The conveyance shall be subject 
     to such valid existing rights of record as may be acceptable 
     to the Secretary of the Interior.
       (e) Applicability of Other Laws.--Except as otherwise 
     provided in this section, the Secretary of the Interior shall 
     process the land exchange authorized by this section in the 
     manner provided in subpart 2200 of title 43, Code of Federal 
     Regulations (as in effect on the date of enactment of this 
     Act).
       (f) Map.--The map referred to in subsection (a) shall be on 
     file and available for inspection in one or more local 
     offices of the Department of the Interior and the Department 
     of Agriculture.
       (g) Additional Terms and Conditions.--The Secretary of the 
     Interior or the Secretary of Agriculture may require such 
     additional terms and conditions in connection with the 
     conveyances under this section as either Secretary considers 
     appropriate to protect the interests of the United States.
                                  ____


                   Lake County Board of Commissioners

      Robert M. Pardue, Chairman; Jane O'Keeffe, Kathleen Collins


      reasons to support warner canyon ski hill ownership transfer

       Lake County agrees to accept the ownership of 280+-acres of 
     land which is the location of the Warner Canyon Ski Hill with 
     all encumbrance.
       Lake County offers 320+-acres of land in the Hart Mountain 
     National Antelope Refuge as the mechanism to equalize the 
     value for the Federal Government.
       Lake County desires to have the proposal completed by 
     November 1, 1997 to allow this winter season to come under 
     our ownership.
       The exchange will benefit the U.S. Forest Service, Fremont 
     National Forest by removing management costs that exceed 
     return generated by the Special Use Permit to the Fremont 
     Highlanders.
       U.S. Fish and Wildlife Service benefits by having ownership 
     of 320+-acres of inholdings within the existing refuge 
     boundary. (Lake County owns additional land within the refuge 
     that can be sued to facilitate this proposal if necessary.)
       The Fremont Highlanders Ski Club, operator of the ski area, 
     benefits from lower cost of liability insurance, no cost 
     operating permit and possible supplemental funding from 
     special county recreation funds.
       The Lakeview community benefits from the long term stable 
     operation of the ski hill to provide family winter recreation 
     opportunities, facilities for high school ski race team, part 
     time seasonal employment opportunities during high 
     unemployment periods.
       Lake County acquires a parcel of land that is adjacent to 
     an existing 40 acres of county land over which the ski lift 
     crosses. This is an opportunity for the county do demonstrate 
     its desire to support the recreation and tourism industry and 
     possibly enhance and expand winter recreation potential. The 
     county receives R.V. registration fee rebates from the State 
     of Oregon for use at county owned park or recreation areas. 
     The Warner Canyon Ski area will be eligible for supplemental 
     funding from these funds.
     Robert M. Pardue, Chairman.
                                  ____



                           Fremont Highlanders Ski Club, Inc.,

                                       Lakeview, OR, June 5, 1997.
     Charles Graham,
     Forest Supervisor, U.S. Forest Service, Lake County 
         Commissioners.
       Dear Mr. Graham and Lake County Commissioners: The Fremont 
     Highlanders Ski Club is in full support of the land trade 
     involving Warner Canyon Ski Area between Lake County, the 
     U.S. Forest Service and the U.S. Fish and Wildlife Service. 
     Warner Canyon Ski Area is one of the few remaining non-profit 
     ski areas in the United States. The Fremont Highlanders have 
     operated this ski area for over 50 years. However, increasing 
     regulations, fees, and insurance costs have severely impacted 
     our ability to operate. We believe the land trade will reduce 
     our costs of operating our ski area and will allow us to 
     better serve our communities recreational interests.
           Sincerely,
                                                    Michael Sabin,
     President.
                                  ____

                                                      Lake County,


                                          Chamber of Commerce,

                                       Lakeview, OR, June 6, 1997.
     Bob Pardue,
     Chairman, Lake County Commissioners,
     Courthouse, Lakeview, OR.
       Dear Bob. On behalf of the Lake County Chamber of Commerce 
     Board of Directors, we would like to congratulate you on your 
     recent decision to make a land trade with the Fremont 
     National Forest, regarding the Warner Canyon Ski Area.
       Maintaining the level of operation, to provide a quality 
     skiing experience for recreational skiers in Southeast 
     Oregon, has been a difficult challenge for the Fremont 
     Highlanders Ski Club. Liability Insurance has been a real 
     obstacle, as well as sporadic snow conditions. Thanks to 
     Collins McDonald Trust Fund, as well as other generous Lake 
     County businesses and citizens, we have been able to 
     financially survive.
       Three years ago the chamber received a grant to promote 
     winter recreation in Lake County. The success of Warner 
     Canyon Ski Area is an important component to that promotion, 
     which impacts the local economy during the usual slow months.
       We are very supportive of this trade and look forward to 
     many successful ski seasons in the future.
           Sincerely,
                                                       Barb Gover,
                        Director, Lake County Chamber of Commerce.
                                 ______