[House Report 104-493]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-493
_______________________________________________________________________


 
                  SNOWBASIN LAND EXCHANGE ACT OF 1995

                                _______


 March 25, 1996.--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

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 2824]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 2824) to authorize an exchange of lands in the State of 
Utah at Snowbasin Ski Area, having considered the same, report 
favorably thereon without amendment and recommend that the bill 
do pass.

                          purpose of the bill

    The purpose of H.R. 2824 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. 2824 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. 2824 was introduced on December 21, 1995, by 
Congressman James V. Hansen of Utah. The bill was referred to 
the Committee on Resources.
    H.R. 2824 is identical to the text of H.R. 2402, also 
introduced by Congressman Hansen, as reported from the 
Committee on Resources on November 15, 1995. For the 
legislative history of H.R. 2402, see House Report 104-409.
    On March 13, 1996, the Committee on Resources met to 
consider H.R. 2824. After the bill was called up before the 
Committee, the previous question was ordered by a rollcall vote 
of 22 ayes/16 noes, as follows:

     BILL NO. H.R. 2824--HANSEN MOTION TO MOVE THE PREVIOUS QUESTION    
------------------------------------------------------------------------
                       Members                          Yeas      Nays  
------------------------------------------------------------------------
Mr. Young (Chairman)................................        X   ........
Mr. Tauzin..........................................        X   ........
Mr. Hansen..........................................        X   ........
Mr. Saxton..........................................  ........  ........
Mr. Gallegly........................................  ........  ........
Mr. Duncan..........................................  ........  ........
Mr. Hefley..........................................        X   ........
Mr. Doolittle.......................................        X   ........
Mr. Allard..........................................        X   ........
Mr. Gilchrest.......................................        X   ........
Mr. Calvert.........................................        X   ........
Mr. Pombo...........................................        X   ........
Mr. Torkildsen......................................        X   ........
Mr. Hayworth........................................        X   ........
Mr. Cremeans........................................        X   ........
Mrs. Cubin..........................................        X   ........
Mr. Cooley..........................................        X   ........
Mrs. Chenoweth......................................  ........  ........
Mrs. Smith..........................................        X   ........
Mr. Radanovich......................................        X   ........
Mr. Jones...........................................        X   ........
Mr. Thornberry......................................        X   ........
Mr. Hastings........................................        X   ........
Mr. Metcalf.........................................        X   ........
Mr. Longley.........................................        X   ........
Mr. Shadegg.........................................        X   ........
Mr. Ensign..........................................  ........  ........
Mr. Miller..........................................  ........        X 
Mr. Markey..........................................  ........        X 
Mr. Rahall..........................................  ........  ........
Mr. Vento...........................................  ........  ........
Mr. Kildee..........................................  ........        X 
Mr. Williams........................................  ........  ........
Mr. Gejdenson.......................................  ........        X 
Mr. Richardson......................................  ........        X 
Mr. DeFazio.........................................  ........        X 
Mr. Falemavaega.....................................  ........        X 
Mr. Johnson.........................................  ........  ........
Mr. Abercrombie.....................................  ........        X 
Mr. Studds..........................................  ........        X 
Mr. Ortiz...........................................  ........  ........
Mr. Pickett.........................................  ........  ........
Mr. Pallone.........................................  ........        X 
Mr. Dooley..........................................  ........        X 
Mr. Romero-Barcelo..................................  ........        X 
Mr. Hinchey.........................................  ........        X 
Mr. Underwood.......................................  ........        X 
Mr. Farr............................................  ........        X 
Mr. Kennedy.........................................  ........        X 
        Total.......................................       22        16 
------------------------------------------------------------------------

    The bill was then ordered favorably reported to the House 
of Representatives by a roll call vote of 26 ayes/15 nays, as 
follows:

                    BILL NO. H.R. 2824--FINAL PASSAGE                   
------------------------------------------------------------------------
                       Members                          Yeas      Nays  
------------------------------------------------------------------------
Mr. Young (Chairman)................................        X   ........
Mr. Tauzin..........................................        X   ........
Mr. Hansen..........................................        X   ........
Mr. Saxton..........................................        X   ........
Mr. Gallegly........................................  ........  ........
Mr. Duncan..........................................  ........  ........
Mr. Hefley..........................................        X   ........
Mr. Doolittle.......................................        X   ........
Mr. Allard..........................................        X   ........
Mr. Gilchrest.......................................        X   ........
Mr. Calvert.........................................        X   ........
Mr. Pombo...........................................        X   ........
Mr. Torkildsen......................................        X   ........
Mr. Hayworth........................................        X   ........
Mr. Cremeans........................................        X   ........
Mrs. Cubin..........................................        X   ........
Mr. Cooley..........................................        X   ........
Mrs. Chenoweth......................................  ........  ........
Mrs. Smith..........................................  ........  ........
Mr. Radanovich......................................        X   ........
Mr. Jones...........................................        X   ........
Mr. Thornberry......................................        X   ........
Mr. Hastings........................................        X   ........
Mr. Metcalf.........................................        X   ........
Mr. Longley.........................................        X   ........
Mr. Shadegg.........................................        X   ........
Mr. Ensign..........................................        X   ........
Mr. Miller..........................................  ........        X 
Mr. Markey..........................................  ........        X 
Mr. Rahall..........................................  ........  ........
Mr. Vento...........................................  ........        X 
Mr. Kildee..........................................  ........        X 
Mr. Williams........................................  ........  ........
Mr. Gejdenson.......................................  ........        X 
Mr. Richardson......................................  ........        X 
Mr. DeFazio.........................................  ........        X 
Mr. Faleomavaega....................................  ........        X 
Mr. Johnson.........................................  ........  ........
Mr. Abercrombie.....................................  ........        X 
Mr. Studds..........................................  ........        X 
Mr. Ortiz...........................................  ........  ........
Mr. Pickett.........................................        X   ........
Mr. Pallone.........................................  ........        X 
Mr. Dooley..........................................        X   ........
Mr. Romero-Barcelo..................................        X   ........
Mr. Hinchey.........................................  ........        X 
Mr. Underwood.......................................  ........        X 
Mr. Farr............................................  ........        X 
Mr. Kennedy.........................................  ........        X 
        Total.......................................       26        15 
------------------------------------------------------------------------

                      section-by-section analysis

Section 1. Short title

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

Section 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.

Section 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.

Section 4. Definitions

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

Section 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).

Section 6. General provisions relating to the exchange

    Under subsection (a), the exchange is 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.

Section 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. 2824 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. 2824. However, clause 7(d) of that rule provides that this 
requirement does not apply with 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. 
2824 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 
totally 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. 2824.
    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. 
2824 from the Director of the Congressional Budget Office.

               congressional budget office cost estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 19, 1996.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 2824, the Snowbasin Land Exchange Act of 1995, as 
ordered reported by the House Resources Committee on March 13, 
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. 2824 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.
    H.R. 2824 contains no intergovernmental or private sector 
mandates as defined in Public Law 104-4. The state of Utah 
would 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. Such a loss is not the result of a mandate, however, 
because it does not stem from imposing an enforceable duty on 
the state. The bill would impose no other costs on state, 
local, or tribal governments.
    If you wish further details on this estimate, we will be 
pleased to provide them. The staff contacts are Victoria V. 
Heid and, for the state and local impact, Marjorie Miller.
            Sincerely,
                                         June E. O'Neill, Director.

                    compliance with public law 104-4

    H.R. 2824 contains no unfunded mandates.

                        changes in existing law

    If enacted, H.R. 2824 would make no changes in existing 
law.

                          departmental reports

    The committee received an unfavorable report on H.R. 2824 
from the Department of Agriculture on November 7, 1995. No 
other reports have been received on H.R. 2824.

                         Department of Agriculture,
                                   Office of the Secretary,
                                    Washington, DC, November, 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 pledge to work with Congress to make 
certain that adequate resources are allocated to ensure a 
timely transfer consistent with current law.
    Status of Lands and Adjustment of National Forest 
Boundaries--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.
           DISSENTING VIEWS OF REPRESENTATIVE BILL RICHARDSON

    I strongly protest the heavy-handed manner in which the 
majority reported from Committee H.R. 2824, the Snowbasin Land 
Exchange.
    Having failed to achieve a quorum on the original Snowbasin 
measure (H.R. 2402) when it was ordered reported in November 
1995, the bill's sponsor found it necessary to introduce an 
identical bill (H.R. 2824) for the committee to consider on 
March 13, 1996. Instead of allowing a fair and open debate on 
the bill, the majority ordered the previous question 
immediately after opening statements, for the express purpose 
of precluding me from offering any amendment to the bill.
    There are substantial concerns with the bill that I had 
hoped would be addressed before the committee reported the 
legislation. The Forest Service in their testimony before the 
committee identified several concerns with the proposed 
exchange. Those concerns were elaborated on in the legislative 
report on the bill that Agriculture Secretary Glickman sent to 
the committee. I too am concerned about the aspects of this 
legislation that waive all laws with regards to the exchange; 
grant congressional approval to a privately-prepared master 
development plan that was just completed on November 1st; and 
direct the Forest Service to implement on national forest land 
phase I of this privately-prepared master plan, as proposed by 
the ski operator. In addition, I am concerned about the 
specific directives on the appraisal methods to be used to 
determine the value of the Federal lands. The bill reported by 
the committee fails to adequately address those substantial 
concerns.
    You don't solve problems by muzzling debate. I have had 
several meetings with Representative Hansen, the bill's 
sponsor, and Undersecretary Lyons in an attempt to work out the 
substantial problems with this bill. I think the sort of heavy-
handed treatment used by the majority to preclude debate on my 
amendments discourages rather than encourages agreement.
    I had focused my amendments on two important questions; the 
appraisal standards and sufficiency language contained in the 
bill. Those questions are also at the heart of the 
administration's and the Forest Service's opposition to the 
bill.
    There are many other questions that could be raised. While 
this exchange is being wrapped in the Olympics, the Salt Lake 
City Tribune in a November 22, 1995 editorial noted ``That's a 
bit disingenuous. Snowbasin doesn't need 1,320 acres to stage 
Olympic events; it can construct the necessary ski lifts and 
staging areas on much less than that.'' They further conclude 
that ``The bill is about development of condominiums and 
residential units, not Olympic facilities''.
    What is the development that is being proposed on the 
exchanged land? Right there in the privately prepared master 
plan, that was only completed in November 1995, it includes 
1,092 hotel rooms, 818 condominiums, 467 townhouses, 199 large 
houses and a 9 hole golf course. When this exchange was 
proposed in 1990, then Forest supervisor and now regional 
Forester Dale Bosworth, drastically scaled back the exchange 
saying that ``I cannot in good conscience dispose of public 
land for that purpose.'' Now that the Olympics are coming to 
Utah, the rush is on. I for one will not rollover.
    The majority would like to pass this bill, as if it was all 
worked out. It isn't. It has problems. I am willing to continue 
working with the sponsor and others on this but until those 
problems are addressed I will oppose the bill and urge others 
to do likewise.

                                                   Bill Richardson.