[Senate Report 104-201]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 304
104th Congress                                                   Report
                                 SENATE

 2d Session                                                     104-201
_______________________________________________________________________


 
                  SNOWBASIN LAND EXCHANGE ACT OF 1995

                                _______


                January 3, 1996.--Ordered to be printed

_______________________________________________________________________


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1371]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1371) entitled ``Snowbasin Land Exchange 
Act of 1995, having considered the same, reports favorably 
thereon with an amendment and recommends 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 with respect to 
certain National Forest System Lands 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 completed 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) 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) 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 simultaneously 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) prior to the transfer of 
lands under subsection (a), 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 in the State of Utah 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 simultaneously convey to the 
United States alternative offered lands in the State of Utah 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 and in 
accordance with section 206 of the Federal Land Policy and Management 
Act of 1976. The appraisal reports shall be written to Federal 
standards as defined in the Uniform Appraisal Standards for Federal 
Land Acquisitions. 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(b)). 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 
with experience in appraising similar properties and who is 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 technical review and approval no later than 120 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 submission 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 in its unimproved state, 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 Federal lands as an independent property as 
        though in the private marketplace and suitable for development 
        to its highest and best use;
          (C) consider in the appraisal any encumbrance on the title 
        anticipated to be in the conveyance to Sun Valley Company and 
        reflect its effect on the fair market value of the property; 
        and
          (D) 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.

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 any deed issued pursuant to 
        section 5(a), the Secretary shall reserve in the United States 
        a right of reasonable access across the conveyed property for 
        public access and for administrative purposes of the United 
        States necessary to manage adjacent federally-owned lands. The 
        terms of such reservation 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)(2) 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. 460l-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 Finding and Review.--(1) The Congress has 
reviewed the Snowbasin Ski Area Master Development Plan dated October 
1995 (hereinafter in this section referred to as the ``Master Plan''). 
On the basis of such review, and review of previously completed 
environmental and other resource studies for the Snowbasin Ski Area, 
Congress hereby finds that the ``Phase I'' facilities referred to in 
the Master Plan to be located on National Forest System land after 
consummation of the land exchange directed by this Act are limited in 
size and scope, are reasonable and necessary to accommodate the 2002 
Olympics, and in some cases are required to provide for the safety of 
skiing competitors and spectators.
  (2) Within 60 days after the date of enactment of this Act, the 
Secretary and the Sun Valley Company shall review 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. The Secretary may modify such Phase I facilities 
upon mutual agreement with the Sun Valley Company or by imposing 
conditions pursuant to subsection (b) of this section.
  (3) Within 90 days after the date of enactment of this Act, the 
Secretary shall submit the reviewed Master Plan on the Phase I 
facilities, including any modifications made thereto pursuant to 
paragraph (2), to the Committee on Energy and Natural Resources of the 
United States Senate and the Committee on Resources of the United 
States House of Representatives for a 30-day review period. At the end 
of the 30-day period, unless otherwise directed by Act of Congress, the 
Secretary may issue all necessary authorizations for construction and 
operation of such facilities or modifications thereof in accordance 
with the procedures and provisions of subsection (b) 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 and subject to reasonable conditions to protect National 
Forest System resources. 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 modification is necessary to protect health and 
        safety.
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 that 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 on 
National Forest System lands, or any modifications thereof, to be 
nondiscretionary actions authorized and directed by Congress and hence 
to comply with all procedural and other requirements of the laws of the 
United States. Such determinations, authorizations, and actions shall 
not be subject to administrative or judicial review.

SEC. 8. NO PRECEDENT.

    Nothing in section 5(d)(2) of this Act relating to conditions or 
limitations on the appraisal of the Federal lands, or any provision of 
section 7 relating to the approval by the Congress or the Forest 
Service of facilities on National Forest System lands, shall be 
construed as a precedent for subsequent legislation.
                         purpose of the measure
    The purpose of S. 1371 is to authorize an exchange of lands in the 
State of Utah at Snowbasin Ski Area.
                          background and need
    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 environmetal 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.
    S. 1371 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.
                          legislative history
    S. 1371 was the subject of a hearing before the Forests and Public 
Land Management Subcommittee on November 7, 1995. At the business 
meeting on December 21, 1995, the Committee on Energy and Natural 
Resources ordered the measure favorably reported, as amended.

           committee recommendations and tabulation of votes

    The Committee on Energy and Natural Resources, in open 
business session on December 21, 1995, by a unanimous vote of a 
quorum present, recommends that the Senate pass S. 1371, as 
described herein.
    The rollcall vote on reporting the measure was 20 yeas, 0 
nays, as follows:
        YEAS--20                      NAYS--0
Mr. Murkowski
Mr. Hatfield
Mr. Domenici
Mr. Nickles \1\
Mr. Craig
Mr. Campbell
Mr. Thomas
Mr. Kyl
Mr. Grams
Mr. Jeffords \1\
Mr. Burns
Mr. Johnston \1\
Mr. Bumpers
Mr. Ford \1\
Mr. Bradley \1\
Mr. Bingaman \1\
Mr. Akaka
Mr. Wellstone \1\
Mr. Heflin \1\
Mr. Dorgan \1\

    \1\ Indicates voted by proxy.

                      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 of 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 simultaneously 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 acceptable 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 
consistent with existing law and policy. 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-D).

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 organization

    Phase I development of the Snowbasin Master Plan would be 
deemed to be in conformity with federal law after a 60 day 
review with the opportunity for modifications by the Forest 
Service and a subsequent 30 day review by the Senate and House 
Committees and the Congress. Unless directed otherwise by an 
Act of Congress, the Forest Service is authorized to issue all 
the necessary permits for construction. Later modifications are 
possible if mutually agreed to by the Forest Service and Sun 
Valley Company or if necessary to protect health and safety. 
Actions taken by the agency pursuant to this Act related to 
Phase I facilities on Forest Service lands are not subject to 
administrative appeal or judicial review. These controversial 
provisions have been included in this legislation because of 
concern over potential delays and the special circumstances 
surrounding this exchange. Phase I involves those items needed 
for the 2002 Winter Olympic Games, namely, snowmaking, chair 
lifts, fencing, and safety netting, a new day lodge, power 
expansion, roads, and parking. Development beyond Phase I would 
be subject to the normal approval and review process.

Sec. 8. No precedent

    In recognition of the special circumstances involved with 
this particular exchange, the Committee adopted an amendment 
providing that nothing in either section 5(d)(2) relating to 
conditions or limitations on the appraisal of the Federal 
lands, or any provision of section 7 dealing with Phase I 
facility construction and operation is intended to establish a 
precedent for subsequent legislation. These exceptional 
provisions were deemed necessary by the Committee due to: (1) 
the dependency of the 2002 Winter Olympics; (2) the fact that 
there had already been completed an environmental impact 
statement and record of decision for the earlier land exchange 
proposal; and (3) the limited nature of the facilities to be 
constructed on the Forest Service Lands. The Committee was also 
cognizant of the strong environmental record of the Sun Valley 
Company in approving the provisions in Sections 5(d)(2) and 7.

                   cost and budgetary considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, December 21, 1995.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources, U.S. Senate, 
        Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed S. 1371, the Snowbasin Land Exchange Act of 1995, as 
ordered by the Senate Committee Energy and Natural Resources on 
December 21, 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.
    S. 1371 would authorize and direct the Secretary of 
Agriculture to transfer about 1,300 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 totalling less than $10,000 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 
pleased to provide them. The staff contacts are Victoria V. 
Heid, and, for state and local impacts, Marjorie Miller.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).

                      regulatory impact evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1371. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 1371 as ordered reported.

                        executive communications

    The Committee requested on November 6 legislative reports 
from the Department of Agriculture and the Office of Management 
and Budget setting forth agency recommendations on S. 1371. The 
report of the Department of Agriculture follows:

                         Department of Agriculture,
                                   Office of the Secretary,
                                  Washington, DC, November 7, 1995.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources, U.S. Senate, 
        Washington, DC.
    Dear Mr. Chairman: As a followup to our testimony of 
November 7, 1995, before the Senate Subcommittee on Forests and 
Public Lands Management, we would like to offer our views on S. 
1371, a bill ``Snowbasin Land Exchange Act of 1995''. Our 
comments are to the bill as reported by the Subcommittee on 
Forests and Public Lands Management of the Committee on Energy 
and Natural Resources.
    The Department of Agriculture cannot support S. 1371 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.
    S. 1371 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 
environment 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 S. 1371 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 S. 1371 
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 
Untied States receive conveyance of appropriate lands after the 
Federal lands have been conveyed.
    We are concerned about the provisions 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 lands by a mutually acceptable 
qualified appraiser. Finally, it provides for bargaining or 
arbitration if the Secretary and Sun Valley disagree as 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 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 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, 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.

                        changes in existing law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill, S. 1371 as 
reported.