[Congressional Record Volume 145, Number 123 (Tuesday, September 21, 1999)]
[House]
[Pages H8421-H8422]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  TERRY PEAK LAND TRANSFER ACT OF 1999

  Mr. SHERWOOD. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2079) to provide for the conveyance of certain National 
Forest System lands in the State of South Dakota.
  The Clerk read as follows:

                               H.R. 2079

       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 ``Terry Peak Land Transfer Act 
     of 1999''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) Certain National Forest System land located in the 
     Black Hills National Forest in Lawrence County, South Dakota, 
     is currently permitted to the Terry Peak Ski Area by the 
     Secretary of Agriculture pursuant to section 3 of the 
     National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b).
       (2) The National Forest System land comprises only 10 
     percent of the land at the Ski Area, with the remaining 90 
     percent located on private land owned by the Ski Area 
     operator.
       (3) As the fractional Forest Service land holding at the 
     Ski Area is also encumbered by ski lifts, ski trails, a base 
     lodge parking lot and other privately owned improvements, it 
     serves little purpose in continued public ownership, and can 
     more logically be conveyed to the Ski Area to unify land 
     management and eliminate permitting and other administrative 
     costs to the United States.
       (4) The Ski Area is interested in acquiring the land from 
     the United States, but the Secretary does not have 
     administrative authority to convey such land in a 
     nonsimultaneous land exchange absent specific authorization 
     from Congress.
       (5) The Black Hills National Forest contains several small 
     inholdings of undeveloped private land with multiple 
     landowners which complicate National Forest land management 
     and which can be acquired by the United States from willing 
     sellers if acquisition funds are made available to the 
     Secretary.
       (6) The proceeds from the Terry Peak conveyance can provide 
     a modest, but readily available and flexible, funding source 
     for the Secretary to acquire certain inholdings in the Black 
     Hills National Forest from willing sellers, and given the 
     small and scattered nature of such inholdings, and number of 
     potential sellers involved, can do so more efficiently and 
     quickly than through administrative land exchanges.
       (7) It is, therefore, in the public interest to convey the 
     National Forest System land at Terry Peak to the Ski Area at 
     fair market value and to utilize the proceeds to acquire more 
     desirable lands for addition to the Black Hills National 
     Forest for permanent public use and enjoyment.
       (b) Purpose.--It is the purpose of this Act to require the 
     conveyance of certain National Forest System lands at the 
     Terry Peak Ski Area to the Ski Area and to utilize the 
     proceeds to acquire more desirable lands for the United 
     States for permanent public use and enjoyment.

     SEC. 3. DEFINITIONS.

       As used in this Act:
       (1) The term ``Secretary'' means the Secretary of 
     Agriculture, unless otherwise specified.
       (2) The term ``selected land'' means land comprising 
     approximately 41.42 acres and generally depicted as 
     government lots 6 and 11, section 2, township 4 north, range 
     2 east, Black Hills meridian, on a map entitled ``Terry Peak 
     Land Conveyance'', dated March 1999.
       (3) The terms ``Terry Peak Ski Area'' and ``Ski Area'' mean 
     the Black Hills Chairlift Company, a South Dakota 
     Corporation, or its successors, heirs and assigns.

     SEC. 4. LAND CONVEYANCE AND MISCELLANEOUS PROVISIONS.

       (a) Conveyance Required.--The Secretary of Agriculture 
     shall convey the selected land to the Terry Peak Ski Area at 
     fair market value, as determined by the Secretary.
       (b) Appraisal.--The value of the selected land shall be 
     determined by the Secretary utilizing nationally recognized 
     appraisal standards, including to the extent appropriate, the 
     Uniform Appraisal Standards For Federal Land Acquisitions 
     (1992), the Uniform Standards of Professional Appraisal 
     Practice, and other applicable law. The costs of the 
     appraisal shall be paid for by the Ski Area.
       (c) Completion of Conveyance.--It is the sense of Congress 
     that the conveyance to the Ski Area required by this Act be 
     consummated no later than 6 months after the date of 
     enactment of this Act, unless the Secretary and the Ski Area 
     mutually agree to extend the consummation date. Prior to 
     conveying the selected land to the Ski Area, the Secretary 
     shall complete standard pre-disposal analyses and clearances 
     pertaining to threatened and endangered species, cultural and 
     historic resources, wetlands and floodplains, and hazardous 
     materials.
       (d) Use of Proceeds by the Secretary.--All monies received 
     by the Secretary pursuant to this Act shall be considered 
     monies received and deposited pursuant to Public Law 90-171 
     (16 U.S.C. 484a; commonly known as the Sisk Act) and shall be 
     utilized by the Secretary to acquire replacement land from 
     willing sellers for addition to the Black Hills National 
     Forest in South Dakota. Any lands so acquired shall be added 
     to and administered as part of the Black Hills National 
     Forest and, if any such land lies outside the exterior 
     boundaries of the Forest, the Secretary may modify the 
     boundary of the Forest to include such land. Nothing in this 
     section shall be construed to limit the authority of the 
     Secretary to adjust the boundaries of the Forest pursuant to 
     section 11 of the Act of March 1, 1911 (16 U.S.C. 521; 
     commonly known as the Weeks Act).
       (e) Conveyance Subject to Valid Existing Rights, 
     Easements.--The conveyance to the Ski Area required by this 
     Act shall be subject to valid existing rights and to existing 
     easements, rights-of-way, utility lines and any other right, 
     title or interest of record on the selected land as of the 
     date of transfer of the selected land to the Terry Peak Ski 
     Area.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania (Mr. Sherwood) and the gentleman from Michigan (Mr. 
Kildee) each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania (Mr. Sherwood).
  Mr. SHERWOOD. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. SHERWOOD asked and was given permission to revise and extend his 
remarks.)
  Mr. SHERWOOD. Mr. Speaker, H.R. 2079, the Terry Peak Land Transfer 
Act of 1999, was introduced by the gentleman from South Dakota (Mr. 
Thune), our esteemed colleague.
  H.R. 2079 is a non-simultaneous land transfer bill that would require 
the Secretary of Agriculture to convey certain lands in the Black Hills 
National Forest in South Dakota to the Terry Peak Ski Area at fair 
market value. All monies for the transaction would later be used to 
purchase replacement land from willing sellers for the Black Hills 
National Forests.
  Not only does the Forest Service support the bill, but the bill 
shares tremendous local support among such groups as the Lawrence 
County Commissioners, the Deadwood Area Chamber of Commerce, the Terry 
Peak Lodge Homeowners Association, the Terry Valley Landowners 
Association, and the Black Hills Group of the Sierra Club.

[[Page H8422]]

  I urge my colleagues to support the passage of the Terry Peak Land 
Transfer Act under suspension of the rules.
  Mr. Speaker, I reserve the balance of my time.
  Mr. KILDEE. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. KILDEE asked and was given permission to revise and extend his 
remarks.)
  Mr. KILDEE. Mr. Speaker, H.R. 2079 directs the Secretary of 
Agriculture to convey for fair market value approximately 41 acres of 
land in the Black Hills National Forest to the Black Hill Chairlift 
Company, a local ski operator.
  The tract is encumbered by ski lifts, ski trails, a parking lot, and 
other privately owned improvements so that transfer to private 
ownership would improve land management and eliminate administrative 
costs.
  Furthermore, proceeds from the sale would be used to acquire small 
and scattered parcels around the National Forest.
  I urge my colleagues to support this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SHERWOOD. Mr. Speaker, I yield such time as he may consume to the 
gentleman from South Dakota (Mr. Thune).
  Mr. THUNE. Mr. Speaker, I thank the gentleman from Pennsylvania for 
yielding to me.
  Let me say, Mr. Speaker, that H.R. 2079, the Terry Peak Land Transfer 
Act of 1999, is a responsible common sense and straightforward bill 
that will allow the Federal Government and a private interest to manage 
precious land resources in a very thoughtful and effective manner.
  Terry Peak is a popular ski resort in the Black Hills of South 
Dakota. For years, Terry Peak has been a wintertime destination enjoyed 
by individuals and families in South Dakota and out-of-state visitors. 
The resort is situated in Lawrence County, South Dakota, and is near 
the communities of Deadwood and Lead. Today, 90 percent of the resort's 
land is privately owned. Ten percent of the land is federally owned and 
administered by the Black Hills National Forest.
  The land administered by the Black Hills National Forest comprises of 
approximately 41 acres and has been permitted to Terry Peak pursuant to 
section 3 of the National Forest Ski Area Permit Act of 1986. 
Substantial improvements unique to Terry Peak's operation, such as 
parking lots, chair lifts, and a ski lodge have also been made to the 
land.
  These improvements, the relatively small size of the parcel of land, 
and the land's isolation make this exchange a sensible action. As it 
stands, the land is no longer useful for the mission of the Black Hills 
National Forest and results in significant administrative cost to the 
Forest Service.
  As a result of these factors, the Forest Service in the Black Hills 
National Forest engaged in conversations with officials of Terry Peak 
to consider the latter's acquisition of the 41-acre parcel administered 
by the Black Hills National Forest. These parties have spent a great 
deal of time and effort to construct the proposed transaction, ensure 
broad public support, and draft legislation agreeable to both parties 
to the transaction. The result of that hard work is found in the bill 
before the House today.
  H.R. 2079 would require Terry Peak to pay full market value, as 
determined by the Secretary of Agriculture for the land. According to 
the report accompanying the bill, the sale of the land would generate 
approximately $125,000 in offsetting receipts. The Black Hills National 
Forest could then use those receipts to acquire more useful lands from 
willing sellers and add those lands to the forest system.
  The legislation, therefore, recognizes the benefits of the private 
interest, Terry Peak, and to the public interest, the Black Hills 
National Forest. Terry Peak and Black Hills National Forest would both 
be able to acquire land that is most useful and consistent with each 
entity's mission.
  As the gentleman from Pennsylvania (Mr. Sherwood) indicated, the 
transaction does enjoy broad support from outside parties. The Black 
Hills Group of the Sierra Club, the Deadwood Area Chamber of Commerce, 
the Lawrence County Commissioners, the Lead Area Chamber of Commerce, 
the Terry Peak Lodge Homeowners Association, and the Terry Valley 
Landowners Association all support the transaction and have encouraged 
its completion.
  Additionally, the Senate has before it a companion bill, S. 953, the 
Terry Peak Land Conveyance Act of 1999, which would achieve the same 
end.
  Because the Forest Service does not have the administrative authority 
to convey the land to Terry Peak in the manner both parties wish, 
Congress must grant authority for the change. It is for that reason 
that I introduced the Terry Peak Land Transfer Act of 1999 and ask for 
my colleagues' support of the bill today.
  Mr. Speaker, I would like to thank the gentlewoman from Idaho (Mrs. 
Chenoweth), chairman of the Subcommittee on Forests and Forest Health; 
the gentleman from Washington (Mr. Smith), the ranking member; as well 
as the gentleman from Alaska (Mr. Young), chairman of the Committee on 
Resources; and the gentleman from California (Mr. George Miller), 
ranking member, for taking quick action on this bill.
  I again thank the gentleman from Pennsylvania (Mr. Sherwood) for 
yielding me this time today and the gentleman from Michigan (Mr. 
Kildee) for working with us on this legislation.
  Mr. KILDEE. Mr. Speaker, I yield back the balance of my time.
  Mr. SHERWOOD. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Pennsylvania (Mr. Sherwood) that the House suspend the 
rules and pass the bill, H.R. 2079.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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