[House Report 104-409]
[From the U.S. Government Publishing Office]



                                                                       
104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    104-409
_______________________________________________________________________


 
                  SNOWBASIN LAND EXCHANGE ACT OF 1995

_______________________________________________________________________


 December 15, 1995.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2402]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 2402) to authorize an exchange of lands in the State of 
Utah at Snowbasin Ski Area, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Snowbasin Land Exchange Act of 1995''.

SEC. 2. 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 Act;
          (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 
Act, 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. 3. PURPOSE AND INTENT.

  The purpose of this Act 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 effected without delay within the period specified by 
section 5.

SEC. 4. DEFINITIONS.

  As used in this Act--
          (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; and
          (2) the term ``Secretary'' means the Secretary of 
        Agriculture.

SEC. 5. EXCHANGE.

  (a) Federal Selected Lands.--
          (1) In general.--Not later than 45 days after the final 
        determination of value of the Federal selected lands, the 
        Secretary shall, subject to this Act, transfer all right, 
        title, and interest of the United States in and to the lands 
        referred to in paragraph (2) to the Sun Valley Company.
          (2) Lands described.--The lands referred to in paragraph (1) 
        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.
  (b) Non-Federal Offered Lands.--Upon transfer of the Federal selected 
lands under subsection (a), and in exchange for those lands, the Sun 
Valley Company shall 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 paragraph (5), as are of approximate equal value 
to the Federal selected lands:
          (1) 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.
          (2) 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.
          (3) 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.
          (4) 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.
          (5) Such additional offered lands as may be necessary to make 
        the values of the lands exchanged pursuant to this Act 
        approximately equal, and which are acceptable to the Secretary.
  (c) Substitution of Offered Lands.--If one or more of the precise 
offered land parcels identified in paragraphs (1) through (4) of 
subsection (b) 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 convey to the United States 
alternative offered lands acceptable to the Secretary in lieu of any or 
all of the lands identified in paragraphs (1) through (4) of subsection 
(b).
  (d) Valuation and Appraisals.--
          (1) Values of the lands to be exchanged pursuant to this Act 
        shall be equal as determined by the Secretary utilizing 
        nationally recognized appraisal standards. If due to size, 
        location, or use of lands exchanged under this Act, 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). In order to expedite the consummation of the exchange 
        directed by this Act, the Sun Valley Company shall arrange and 
        pay for appraisals of the offered and selected lands by a 
        qualified appraiser 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 approval no later than 90 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 submitted 
        to arbitration in accordance with section 206(d) of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)).
          (2) In order to expedite the appraisal of the Federal 
        selected lands, such appraisal shall--
                  (A) value the land 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;
                  (B) consider the effect on value of improvements 
                constructed on the land by the Forest Service or third 
                parties but not consider improvements owned or 
                constructed by the Snowbasin Ski Resort or previous 
                permittee;
                  (C) recognize that Snowbasin is a proven ski area and 
                assume that special use permits which are required for 
                operation of a ski resort would be granted a buyer of 
                the Federal selected lands;
                  (D) consider the effect on value, if any, of the 
                remaining permit periods of existing special use 
                permits on the lands held by parties other than the 
                Snowbasin Ski Resort;
                  (E) 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; and
                  (F) reflect a diminution in value resulting from deed 
                restrictions or other conditions on the transfer of the 
                Federal selected lands.

 SEC. 6. GENERAL PROVISIONS RELATING TO THE EXCHANGE.

  (a) In General.--The exchange authorized by this Act shall be subject 
to the following terms and conditions:
          (1) Reserved rights-of-way.--In the deed to be issued 
        pursuant to section 5(a), the Secretary shall reserve in the 
        United States a right of reasonable access across the property 
        conveyed for public access and for administrative purposes of 
        the United States necessary to manage adjacent federally-owned 
        lands. The terms of such access shall be prescribed by the 
        Secretary within 30 days after the date of the enactment of 
        this Act.
          (2) Right of rescission.--This Act 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 Act.
  (b) Withdrawal.--Subject to valid existing rights, effective on the 
date of enactment of this Act, the Federal selected lands described in 
section 5(a) 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.
  (c) Deed.--The conveyance of the offered lands to the United States 
under this Act 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.
  (d) Status of Lands.--Upon acceptance of title by the Secretary, the 
land conveyed to the United States pursuant to this Act 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 subsection 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 Act, shall be considered to be 
boundaries of the forests as of January 1, 1965.

SEC. 7. PHASE I FACILITY CONSTRUCTION AND OPERATION.

  (a) Phase I Facility Review and Finding.--The Congress has reviewed 
the Snowbasin Ski Area Master Development Plan dated October 1995 
(hereinafter in this Act referred to as 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 Act. On the basis of such review, Congress hereby 
finds that the Phase I facilities identified and described in the 
Master Plan to be located on National Forest System lands, or any 
modifications thereof mutually agreed to by the Secretary and the Sun 
Valley Company, are reasonable and necessary to accommodate the 2002 
Olympics and directs the Secretary to issue all necessary permits and 
authorizations for construction and operation of such facilities in 
accordance with the procedures and provisions of this section.
  (b) 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. 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 (1) the 
modification is mutually agreed to by the Secretary and the Sun Valley 
Company; or (2) the change is necessary to protect public health and 
safety. In providing any such authorization, the Secretary shall 
provide for resource protection without regard to section 102(2)(C) of 
the National Environmental Policy Act of 1969 or the participation 
requirements of section 6(d) of the Forest and Rangeland Renewable 
Resources Planning Act of 1974 (16 U.S.C. 1604(d)). Nothing in this 
section 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.
  (c) Congressional Directions.--Notwithstanding any other provision of 
law, Congress finds consummation of the land exchange directed by this 
Act and all determinations, authorizations, and actions taken by the 
Secretary pursuant to this Act pertaining to Phase I facilities (or 
modifications thereof mutually agreed to by the Secretary and the Sun 
Valley Company) to be non-discretionary actions authorized and directed 
by Congress and hence to comply with all procedural and other 
requirements of the laws of the United States.
  (d) Report to Congress.--The Secretary shall report to the Committee 
on Resources of the United States House of Representatives and the 
Committee on Energy and Natural Resources of the United States Senate 
as to whether construction and operation of Phase I facilities have 
provided for sufficient environmental protection on National Forest 
System lands affected by such facilities.

                          purpose of the bill

    The purpose of H.R. 2402 is to authorize an exchange of 
lands in the State of Utah at Snowbasin Ski Area.

                  background and need for legislation

    Snowbasin Ski Area is located on a mountain located 
directly west of Ogden, Utah, and approximately 30 miles north 
of Salt Lake City. Snowbasin has been in operation since the 
early 1940s. The Sun Valley Company purchased Snowbasin in 1984 
and immediately began exploring land exchange possibilities 
with the U.S. Forest Service.
    In 1985, the Sun Valley Company asked the Forest Service to 
exchange 2,500 acres of land at Snowbasin. The Forest Service 
reduced the requested acres to 1,320 acres. After the Forest 
Service conducted an environmental impact statement that 
included the requisite study, review, and public comment, the 
agency decided in September 1990 to exchange approximately 700 
acres with Sun Valley. Despite ongoing work on this exchange by 
the Forest Service and the Sun Valley Company, little progress 
has been made since 1990.
    Salt Lake City has been chosen the site for the 2002 Winter 
Olympic Games. Snowbasin, because of its unique nature, will be 
the site of the six major Olympic ski events: the Men and 
Women's Downhill, Combined Downhill and Super G. The Olympics 
require that the land exchange proceed as soon as possible to 
begin the necessary construction of facilities at the base of 
the mountain, to properly accommodate spectators, athletes, 
media, and others connected with these events.
    H.R. 2402 would exchange 1,320 acres of Federal lands at 
the base of Snowbasin for over 4,100 acres of high priority 
private lands in and around the Cache National Forest. This is 
an equal value exchange that will add critical lands to the 
existing National Forest and will allow Snowbasin to host the 
Olympic events.

                            committee action

    H.R. 2402 was introduced on September 27, 1995, by 
Congressman James V. Hansen of Utah. The bill was referred to 
the Committee on Resources, and within the Committee to the 
Subcommittee on National Parks, Forests and Lands.
    On September 28, 1995, the Subcommittee held a hearing on 
H.R. 2402, where testimony was presented by the Forest Service, 
the Sun Valley Company and the Salt Lake Olympic Committee, who 
all support the proposed exchange. The Administration expressed 
concerns over how the exchange should occur. On October 17, 
1995, the Subcommittee met to mark up H.R. 2402. An amendment 
in the nature of a substitute was offered by Mr. Hansen. The 
Hansen substitute was the product of negotiations with the 
Forest Service and the Sun Valley Company. The substitute 
identified specific lands held by the Sun Valley Company that 
would be exchanged with the Forest Service. Additionally, the 
Hansen substitute provided for a reasonable appraisal and 
selection process as well as a reporting requirement back to 
the Committee on Resources to ensure environmental protections 
are provided. The Hansen amendment in the nature of a 
substitute was adopted by voice vote. The bill was then ordered 
favorably reported to the Full Committee.
    On November 15, 1995, the Full Resources Committee met to 
consider H.R. 2402. An amendment in the nature of a substitute 
was offered by Mr. Hansen of Utah. The Hansen substitute was 
the product of further discussions with the Forest Service to 
resolve the agency's remaining concerns. The Hansen amendment 
clarified the appraisal language and the language that would 
implement phase I of the Master Development Plan. Congressman 
Bill Richardson then offered an amendment to the amendment in 
the nature of a substitute to strike the appraisal guidelines 
provided in section 5(d). The Richardson amendment was defeated 
by a voice vote. Mr. Richardson then offered an amendment to 
the amendment in the nature of a substitute to strike section 
7. The Richardson amendment was defeated by a voice vote. The 
Committee then adopted the Hansen amendment in the nature of a 
substitute by voice vote. The bill, as amended, was then 
ordered favorably reported to the House of Representatives.

                      section-by-section analysis

Section 1. Short title

    The short title of the bill is the Snowbasin Land Exchange 
Act of 1995.

Sec. 2. Findings and determination

    This section contains seven findings and a determination 
that a legislative land exchange is necessary to meet Olympic 
goals and timetables.

Sec. 3. Purpose and intent

    The bill would authorize and direct the Secretary of 
Agriculture to exchange 1,320 acres of the Cache National 
Forest with the Sun Valley Company.

Sec. 4. Definitions

    This section defines ``Sun Valley Company'' and 
``Secretary''.

Sec. 5. Exchange

    Under subsection (a) the Secretary must transfer title to 
the described 1,320 acres in the Cache National Forest not 
later than 45 days after final determination of value.
    Under subsection (b), upon the transfer of the 1,320 acres, 
the Sun Valley Company shall convey title to the Secretary of 
the lands described in subsections (b)(1-5) as previously 
identified by the Forest Service as desirable additions to the 
Cache National Forest.
    Under subsection (c), if the lands described in subsection 
(b) cannot be exchanged, the Sun Valley Company may convey 
other selected lands to the Secretary in lieu of the previously 
selected lands.
    Subsection (d) relates to valuation and appraisals. Values 
of the exchanged properties are to be of approximate equal 
value using nationally-recognized appraisal standards. If the 
values cannot be equalized with land, they may be equalized 
through cash payments pursuant to the Federal Land Policy and 
Management Act. The Sun Valley Company will pay for the 
appraisals to be completed within 90 days of enactment of this 
Act. The Secretary is directed to make a determination of value 
not later than 30 days after receipt of the appraisals. Any 
disputes will be resolved through a bargaining process or 
arbitrator. To expedite the appraisal of the Federal selected 
lands, the appraisals shall consider several conditions as 
specified in subsections (d)(2)(A-F).

Sec. 6. General provisions relating to the exchange

    Under subsection (a), the exchange to subject to the 
following terms and conditions: (1) The Secretary shall reserve 
a right of reasonable public and administrative access across 
the Federal lands to be conveyed and the terms of such access 
shall be prescribed by the Secretary within 30 days of 
enactment; and (2) This Act is not binding on either party if 
within 30 days of final determination of value, the Sun Valley 
Company submits an intention not to exchange to the Secretary.
    In addition, subject to existing rights, the Federal lands 
to be conveyed and the existing lands under permit are 
withdrawn from all forms of appropriation under the public land 
laws. Lands to be conveyed to the Federal Government shall be 
under a general warranty deed or other acceptable deed. Lands 
accepted by the Secretary shall be part of the National Forest 
System and be administered as such.

Sec. 7. Phase I facility construction and operation

    The Secretary is instructed to implement the Phase I Master 
Development Plan for the Snowbasin Ski Area. This section does 
not affect the Secretary's responsibility to monitor and assure 
compliance with the environmental provisions of the plan. The 
Phase I Master Development Plan may be modified by mutual 
agreement between the Secretary and the Sun Valley Company. 
Congress finds that this exchange and the actions taken by the 
Secretary under this section relating to the Phase I facilities 
are in compliance with all other relevant laws. Finally, the 
Secretary is directed to report to the relevant Committees 
whether implementation of the Master Development Plan provides 
sufficient environmental protections.

            committee oversight findings and recommendations

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                     inflationary impact statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that the 
enactment of H.R. 2402 will have no significant inflationary 
impact on prices and costs in the operation of the national 
economy.

                        cost of the legislation

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 2402. However, clause 7(d) of that rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     compliance with house rule xi

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
2402 does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in tax 
expenditures or increase in revenues. However, the bill will 
cost the Federal Government lost receipts from permits fees 
totaling less than $25,000 annually.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 2402.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
2402 from the Director of the Congressional Budget Office.

               congressional budget office cost estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, December 1, 1995.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 2402, the Snowbasin Land Exchange Act of 1995, as 
ordered reported by the House Resources Committee on November 
16, 1995. We estimate that enacting this bill would affect 
direct spending; therefore, pay-as-you-go procedures would 
apply to the bill. However, we estimate that any such change 
would be insignificant.
    H.R. 2402 would authorize and direct the Secretary of 
Agriculture to transfer 1,230 acres of federally owned land to 
the Snowbasin Ski Area, located within the Cache National 
Forest in Utah. In exchange, the Forest Service would receive 
about 4,100 acres of privately owned land of roughly equal 
value located within the Cache National Forest. Based on 
information from the Forest Service, CBO estimates this 
exchange would cause the federal government to lose receipts 
from permit fees totaling less than $25,000 annually. We 
estimate that no significant change in discretionary spending 
would result from enacting this bill.
    The state of Utah would also lose a small amount of 
receipts as a result of the proposed land transfer because it 
receives 25 percent of the permit fees paid by ski areas on 
federal lands within the state.
    If you wish further details on this estimate, we will be 
please to provide them. The staff contacts are Victoria V. 
Heid, and, for state and local impacts, Marjorie Miller.
            Sincerely,
                                          Paul Van de Water
                                   (For June E. O'Neill, Director).

                        changes in existing law

    If enacted, H.R. 2402 would make no changes in existing 
law.

                          departmental reports

    The Committee received an unfavorable report on H.R. 2402 
from the Department of Agriculture on November 7, 1995. No 
other reports have been received on H.R. 2402.

                         Department of Agriculture,
                                   Office of the Secretary,
                                  Washington, DC, November 7, 1995.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: As a followup to our testimony of 
September 28, 1995, before the House Subcommittee on National 
Parks, Forests, and Lands, we would like to offer our views on 
H.R. 2402, a bill ``To authorize an exchange of lands in the 
State of Utah at Snowbasin Ski Area''. Our comments are to the 
bill as reported by the Subcommittee on National Parks, 
Forests, and Lands of the Committee on Resources.
    The Department of Agriculture cannot support H.R. 2402 as 
reported unless it is amended, as we suggest. We would be happy 
to work with the Committee to draft language that is agreeable 
to both Congress and the Administration.
    H.R. 2402 would direct an exchange of 1,320 acres of 
federally-owned land at Snowbasin Ski Area within the Wasatch-
Cache National Forest for lands of approximately equal value 
owned by the Sun Valley Company in the State of Utah. The 
proposed legislation would direct that the exchange be made 
without delay to facilitate certain ski events as part of the 
2002 Olympic Winter Games, and would exempt the exchange from 
the requirements of all environmental and other laws. It would 
prohibit any environmental analysis, resource surveys, or other 
procedures as a condition to effecting any other provision of 
the Act.
    The Administration strongly opposes the inclusion of 
sufficiency language in this bill. The Administration pledges 
to work with Congress to make certain that adequate resources 
are allocated to ensure a timely transfer consistent with 
current laws.
    We should note that there are alternatives to a legislated 
land exchange. One option is to complete the process for an 
administrative land exchange. Since 1986, the Sun Valley 
Company has sought to exchange land with the Forest Service in 
order to develop a four season resort at Snowbasin. As stated, 
in 1990, after environmental analysis and public involvement, 
the Forest Service approved an amendment to the Forest Land and 
Resource Management Plan that designated 700 acres of Federal 
land at Snowbasin available for land exchange. Before the 
Forest Service would approve an administrative land exchange, 
the Sun Valley Company was to complete a Master Development 
Plan that would include, among other things, the types of 
activities that will be covered, and the location and timing of 
construction. The Master Development Plan is to cover National 
Forest lands that would remain under special-use permit and the 
National Forest lands to be exchanged. This Master Development 
Plan has been drafted and is expected to be completed by the 
Sun Valley Company in the fall of 1995. As soon as the Master 
Plan is completed, the Forest Service plans to begin an 
environmental impact statement (EIS) to consider the Master 
Development Plan and the concurrent administrative land 
exchange including the private lands offered in exchange. The 
EIS is planned for completion by the fall of 1996. This bill 
would supersede the administrative processes.
    The objective of H.R. 2402 is to expedite planning and 
development of the Snowbasin Ski Area in preparation for the 
2002 Olympic Winter Games. We support this objective. However, 
we have the following concerns with the provisions of H.R. 2402 
and recommend that the bill be amended.
    Conveyance provisions.--Language in Section 5 of the bill 
concerning conveyance of Federal lands requires the United 
States to convey approximately 1,320 acres of Federal lands no 
later than 45 days after a final determination of value of the 
Federal lands. Upon transfer of the Federal lands, Sun Valley 
Company is to convey title to certain lands of approximately 
equal value that have previously been identified as desirable 
by the Secretary of Agriculture, or additional lands mutually 
identified as desirable for United States acquisition by Sun 
Valley and the Secretary. Additionally, if some of the 
identified lands cannot be conveyed, or if the Secretary and 
Sun Valley mutually agree, Sun Valley Company is given 
discretion to convey alternative lands identified by the 
Secretary to the United States.
    We would interpret Section 5 as allowing a simultaneous 
exchange of the Federal and non-Federal lands. We would oppose 
any legislative land exchange requiring conveyance of Federal 
lands prior to the conveyance of non-Federal lands. In such a 
case, there would not be adequate means to ensure that the 
United States receive conveyance of appropriate lands after the 
Federal lands have been conveyed.
    We are concerned about the provision in Section 5(b)(5) 
that would allow Sun Valley Company to participate in 
identifying which lands are desirable for acquisition by the 
United States. Such a determination should be made exclusively 
by the Secretary. Moreover, we are concerned that Section 5(c) 
gives Sun Valley Company too much discretion in deciding 
whether and which alternative non-Federal lands will be 
conveyed in the exchange. If alternative lands are allowed to 
be conveyed, the legislation should state clearly that the 
lands are to be lands identified and acceptable to the 
Secretary.
    Valuation and appraisals.--Language in Section 5(d) 
concerning valuation calls for the values of land to be 
approximately equal value as determined by the Secretary using 
nationally recognized appraisal standards. The provision 
specifically lists a number of conditions or assumptions that 
are to be included in the appraisal, and directs Sun Valley to 
arrange for appraisal of the lands by a mutually acceptable 
qualified appraiser. Finally, it provides for bargaining or 
arbitration if the Secretary and Sun Valley disagree as to the 
value. These two processes to determine approximately equal 
value are contradictory and the special conditions and 
assumptions to be considered are inconsistent with national 
professional appraisal standards.
    We recommend that the language concerning appraisals be 
deleted and that the Secretary be given authority to determine 
that the lands to be exchanged pursuant to this Act are 
approximately equal. The Secretary's determination will be 
based on a consultation by a Forest Service qualified 
appraiser.
    Reserved rights-of-way.--Language in Section 6(a) 
concerning reservation of public access authorizes the 
Secretary of the Interior to reserve a right of access for 
administrative purposes of the United States. We believe the 
legislation also should clearly provide authority for a 
reservation for public access across the property to adjacent 
Federal lands.
    Implementation of plan.--Language in Section 6(e) 
concerning restrictions on Federal land management directs the 
Secretary to implement the Master Development Plan for the 
Federal lands in the Snowbasin Ski Area and language in Section 
6(f) provides for modification of the Master Development Plan 
by mutual agreement. This Plan is not complete and has not been 
reviewed by the Forest Service. Because this Plan is being 
developed by Sun Valley Company, these provisions effectively 
would require the Secretary to manage Federal lands in 
accordance with the directions of a private company. Although 
the company's Master Development Plan is needed to determine 
how lands under special-use permits should be utilized, the 
Secretary must retain ultimate authority to review and approve 
the plan and to determine how Federal lands are managed. 
Consequently, we oppose this provision.
    We are waiting the completion of the Master Development 
Plan by Sun Valley, which is anticipated by mid-November 1995. 
Once the Plan is submitted to the Secretary for review, we will 
move expeditiously to review and approve the Plan.
    Report to Congress.--Language in Section 6(g) concerning a 
Report to the Congress directs the Secretary to report to 
Congress that the implementation of the Master Development Plan 
provides sufficient environmental protections. This reporting 
condition is unclear as to the ability of the Secretary to 
report if the plan does not provide sufficient environmental 
protection, and should be deleted.
    Protection of wetlands and riparian areas.--There is a need 
for language in the bill to protect wetlands and riparian 
habitats. Critical wetlands associated with Wheeler Spring and 
Wheeler Creek are unique to the Wasatch Range. In addition, 
Wheeler Creek is Ogden's municipal watershed. Therefore, the 
Wheeler Creek riparian corridor should be protected in this 
exchange.
    Finding of conformity with other laws.--Language in Section 
6(h) of the bill exempts the 1,320 acres land exchange and 
Phase I of the Master Development Plan from the requirements of 
all other laws, including those relating to environmental 
protection. No environmental analysis, resource surveys, or 
other action could be taken to protect areas of concern. 
Exemption of the entire 1,320 acres and implementation of Phase 
I of the Master Development Plan would circumvent our 
responsibilities under environmental protection and other 
existing laws. As we stated earlier, the Administration 
strongly opposes the inclusion of sufficiency language in this 
bill. The Administration pledges to work with Congress to make 
certain that adequate resources are allocated to ensure a 
timely transfer consistant with current law.
    Status of lands and adjustment of national forest 
boundries.--There is a need to clarify the status of lands and 
adjustment of National Forest boundaries upon acceptance of 
title of non-Federal lands. We believe that the bill should 
provide for adjustment of the boundaries of the Wasatch or 
Cache National Forest to encompass the conveyed lands. The bill 
should state that the lands are to be administered according to 
the Weeks Act and in accordance with any other laws, rules, and 
regulations applicable to National Forest System lands. 
Additionally, the bill should state that the adjusted 
boundaries are to be considered to be the boundaries of the 
National Forest as of January 1, 1965, for the purposes of 
Section 7 of the Land and Conservation Fund.
    The estimated administrative costs for land survey, 
appraisal, and title work on this exchange is $80,900. This 
cost could be covered within the FY 1996 President's Budget 
amount for land exchange.
    The Office of Management and Budget advises that there is 
no objection to the presentation of this report from the 
standpoint of the Administration's program.
            Sincerely,
                                           Dan Glickman, Secretary.