[Congressional Record Volume 153, Number 178 (Friday, November 16, 2007)]
[Extensions of Remarks]
[Pages E2457-E2458]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    THE ARAPAHO/ROOSEVELT NATIONAL FORESTS LAND EXCHANGE ACT OF 2007

                                 ______
                                 

                            HON. MARK UDALL

                              of colorado

                    in the house of representatives

                      Thursday, November 15, 2007

  Mr. UDALL of Colorado. Madam Speaker, today I am introducing a bill 
that will help the Forest Service better manage an area near St. Mary's 
Glacier and Alice Township in Clear Creek County, Colorado and will 
also allow an appropriate new use of adjoining private lands.
  The area dealt with in the bill is currently latticed with various 
mining claims interspersed with Forest Service land, which creates 
management difficulties. It is also an area proposed for a ski area 
terrain park, called Eclipse Snow Park. By facilitating a land exchange 
between the Forest Service and the developers of this terrain park, the 
bill would resolve issues for the Forest Service, the terrain park and 
the surrounding communities.
  This legislation provides for the exchange of approximately 119 acres 
of National Forest System land with approximately 74 acres of private 
property (plus any necessary cash adjustment from private parties to 
the United States Treasury necessary to equalize the value of the 
parcels), contiguous to existing National Forest System land.
  Currently, the boundary lines between the National Forest System land 
and the privately owned property are extremely irregular, making much 
of this mountainous land inaccessible and burdensome to the public. 
These jagged boundaries also make managing the National Forest System 
land difficult, if not impossible, for the agency.
  This legislation simplifies the boundaries and consolidates National 
Forest System lands adjacent to Alice and the St. Mary's Glacier, in 
turn enhancing water quality protection opportunities for the St. 
Mary's Glacier watershed. In addition, this land exchange eliminates 
land-locked National Forest System lands and makes contiguous certain 
privately owned property, thus enabling efficient use of a decades old 
tradition of family-scaled commercial skiing in this basin.
  In addition, the land exchange authorized by this bill would help 
provide access to the nearby James Peak Wilderness Area. Public access 
to this area from the Alice Township community is currently 
unavailable. Frequent trespassing, the lack of adequate parking and no 
public access to the St. Mary's glacier area are major concerns for 
surrounding residents, the community, and the Forest Service. With the 
valley's close proximity to Denver, the presence and uniqueness of the 
glacier has become an attraction for hikers, backcountry skiers, and 
sight-seers. The frequency of visitors, especially during the summer, 
creates a parking, access, and trailhead sanitation dilemma. This land 
exchange provides a solution to these problems by providing needed 
parking areas and creating a public access trailhead, at no expense to 
taxpayers.
  Although efforts have been made with the Forest Service to seek an 
administrative solution, the Forest Service estimates this process 
would take a minimum of 5 years--a delay that withholds the above-
described benefits to the public. Therefore, legislation is needed to 
accomplish this important land exchange.
  Commercial skiing has taken place in the Anchor Gulch basin, in which 
the current proposed Eclipse Snow Park is located, since the 1930s. 
That ski area has gone through many different names and ownership 
groups including Silver Mountain Resort, St. Mary's Ski Area, and 
Silver Lake Resort. It most recently operated in 1986 with two ski 
lifts. The ski area pre-dates major zoning concerns in the county, and 
operated almost exclusively on a collection of mining claims as well as 
illegally on some National Forest System land.

  In 2001, the Clear Creek County Commissioners unanimously passed a 
resolution recognizing the ski area at St. Mary's as a ``legal non-
conforming use'' affirming the County's desire to see the property used 
for skiing again. In late 2006 and early 2007, through a process which 
included months of public hearings, the Clear Creek County 
Commissioners approved the rezoning of all the property in the Anchor 
Gulch basin proposed by Eclipse Snow Park to a ``Commercial Outdoor 
Recreation'' designation which allows for commercial skiing and limited 
associated recreation amenities.
  Eclipse Snow Park aims to become a small family-owned and operated 
ski area which harkens back to the days when skiing began in Colorado. 
The Vision for Eclipse will provide a predominantly natural un-groomed 
more natural Alpine Skiing experience. With a specific focus on gladed 
skiing, as opposed to traditional cleared trails, Eclipse will provide 
a unique, environmentally sensitive and increasingly sought recreation 
experience. Additionally, the vision will create a small-scale, organic 
ski area which fulfills a ``back-to-the-basics'' response to why people 
love to ski, with fewer commercialized aspects that many large scale 
resorts implement. Eclipse Snow Park will welcome skiers and 
snowboarders alike who are interested in a unique skiing and riding 
experience, at a more affordable price, with a far shorter travel 
distance than most Front-Range skiers are currently experiencing.
  Eclipse Snow Park representatives have been in numerous discussions 
with the Forest Service, who have expressed interest in this land 
exchange but citing resource constraints, have stated a preference for 
legislative action. The Forest Service on several occasions over the 
past two summer field seasons has sent interdisciplinary teams of 
biologists, botanists, and ecologists into the Anchor Gulch basin to 
inventory surrounding resources and evaluate the project proposal for 
potential environmental impacts and opportunities to apply state-of-
the-art mitigating techniques.

[[Page E2458]]

  Similarly, throughout the course of 2006 and 2007, Eclipse Snow Park 
has also been extensively reviewed by specialty contracting biologists, 
botanists, geotechnical engineers, wetlands scientists, hydrologists, 
and archeological investigators. Additionally, an in-depth assessment 
of ambient and projected vehicular traffic patterns has been completed 
by a professional traffic engineer. In summary, these studies conclude 
that the project will not create any significant impacts to surrounding 
resources and the community further demonstrating the public benefits 
of this exchange.
  Under the bill, the Forest Service will determine the value of the 
lands to be exchanged, in accordance with the relevant normal appraisal 
standards, and will have authority to take appropriate steps to make 
sure the federal government--the taxpayers--will receive fully equal 
value for the lands to be transferred out of federal ownership. The 
private landowner--not the taxpayers--will bear the costs of the 
appraisals and all necessary surveys. And the legislation requires the 
private landowner to provide unimpeded access to St. Mary's Glacier, on 
the adjacent National Forest lands.
  Madam Speaker, this is a modest but important bill and I think it 
deserves the support of all our colleagues.

                          ____________________