[House Report 112-452]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-452
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WASATCH RANGE RECREATION ACCESS ENHANCEMENT ACT
_______
April 19, 2012.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 3452]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 3452) to provide for the sale of approximately
30 acres of Federal land in Uinta-Wasatch-Cache National Forest
in Salt Lake County, Utah, to permit the establishment of a
minimally invasive transportation alternative for skiers,
called ``SkiLink'', to connect two ski resorts in the Wasatch
Mountains, and for other purposes, 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 all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wasatch Range Recreation Access
Enhancement Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Canyons Ski Resort and Solitude Mountain Resort and other
ski areas are interested in providing direct public access
between the Wasatch Range front and back in the State of Utah
by linking these ski resorts by means of a transportation
connection, such as skier transport, lift, or tramway.
(2) The seven ski resorts in the Wasatch Range in Utah are
situated within a 5-mile radius, and the resorts are separated
by mountain ridges and other natural features of the Uinta-
Wasatch-Cache National Forest, but currently there is no
convenient transportation link between the resorts.
(3) Wasatch Mountains Resorts have proposed a public-access
transportation connection through construction of a minimally
invasive transportation alternative gondola for skiers, called
``SkiLink'', which would cross approximately 30 acres of lands
managed by the Uinta-Wasatch-Cache National Forest from private
land at The Canyons Ski Resort in Summit County, Utah, to
private land at Solitude Mountain Resort in Big Cottonwood
Canyon, Utah.
(4) The land and resource management plan for Uinta-Wasatch-
Cache National Forest prohibits new alpine ski lifts on
National Forest System land.
(5) Despite efforts by Utah Department of Transportation, the
Wasatch Front Regional Council, and the Utah Transit Authority
to increase transit and carpool access in Big Cottonwood
Canyon, daily traffic on peak winter weekends ranges between
8,000 and 9,000 vehicles per day. Addressing congested traffic
conditions in the Wasatch Canyons is important for the safety,
health, and economy of the Wasatch Range front and back.
(6) Studies show that the establishment of the SkiLink would
reduce ski-season vehicle traffic between The Canyons Ski
Resort and Solitude Mountain Resort by as much as 18,000 cars
per year or 1 million fewer miles driven per year, and the
amount of the reduction is expected to increase over time.
(7) SkiLink would produce immediate traffic benefits,
including a reduction in PM 2.5 and other emissions in Parley's
and Big Cottonwood Canyons.
(8) A preliminary environmental review of the proposed
SkiLink corridor assessed the potential impact to special-
status species, water quality and watershed resources, and
visual resources and found that no federally listed species or
critical habitat would be affected and that any water, plant,
and wildlife issues could be addressed through mitigation.
(9) Minimally invasive, environmentally sound construction
techniques would be used to construct SkiLink, including the
use of helicopters for concrete placement and tower
installations.
(10) The winter sport industry in Utah is a significant
contributor to the economy of Utah, with the ski/snowboarding
industry bringing $1.26 billion to Utah during the 2009/2010
ski season and resulting in 20,000 jobs.
(11) Economic analysis of SkiLink shows it would infuse
another $50,000,000 a year into Utah's economy and create 500
new jobs in the tourism and hospitality industries by creating
the largest interconnected ski network in the United States and
providing access to more than 6,000 acres of existing ski
terrain.
SEC. 3. CONVEYANCE OF NATIONAL FOREST SYSTEM LAND, UINTA-WASATCH-CACHE
NATIONAL FOREST, SALT LAKE COUNTY, UTAH.
(a) Conveyance Required; Purpose.--Subject to subsection (e), the
Secretary of Agriculture shall convey, by sale, to Canyons-SkiLink,
LLC, all right, title, and interest of the United States in and to a
parcel of National Forest System land in the Uinta-Wasatch-Cache
National Forest in Salt Lake County, Utah, consisting of approximately
30 acres, as identified on the map entitled ``Wasatch Range Recreation
Access Enhancement Act'' and dated February 27, 2012, for the purpose
of permitting Canyons-SkiLink, LLC, to construct a ski-lift, gondola,
or tramway to serve as a public-access transportation interconnection
of the Wasatch Front and the Wasatch Back Mountains.
(b) Consideration.--As consideration for the conveyance of the
National Forest System land under subsection (a), Canyons-SkiLink, LLC,
shall pay to the Secretary an amount equal to at least the fair market
value of the land as of the date of the enactment of this Act. Any
funds received by the Secretary under this Act shall be deposited in
the general fund of the Treasury to reduce the Federal deficit.
(c) Determination of Fair Market Value.--The fair market value of the
National Forest System land to be conveyed under subsection (a) shall
be based on an appraisal acceptable to the Secretary. The appraisal
shall be completed no later than 6 months after the date of the
enactment of this Act.
(d) Environmental Compliance.--The Secretary shall complete all
actions that may be required under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.), and all other applicable laws in making
the conveyance under this section.
PURPOSE OF THE BILL
The purpose of H.R. 3452, as ordered reported, is to
provide for the sale of approximately 30 acres of Federal land
in the Uinta-Wasatch-Cache National Forest in Salt Lake County,
Utah, and to permit the establishment of a minimally invasive
transportation alternative for skiers, called ``SkiLink'', to
connect two ski resorts in the Wasatch Mountains.
BACKGROUND AND NEED FOR LEGISLATION
Although the Canyons Ski Resort and Solitude Mountain
Resort are within a five mile radius of each other, there is no
convenient route between them. The Wasatch Range Recreation
Access Enhancement Act (H.R. 3452) would authorize the fair
market value sale of a 30-acre parcel of U.S. Forest Service
land to Canyons-SkiLink, LLC, to construct the ``SkiLink''
project (a ski-lift, gondola or tramway) to connect the Wasatch
Front and Wasatch Back Mountains, and, accordingly, the two
resorts.
As local governments and the State of Utah work to address
comprehensive transportation issues in the Salt Lake area and
nearby ski resorts, studies show that construction of SkiLink
could reduce vehicle traffic between the two resorts by up to
18,000 cars per year. The legislation also specifies that the
sale of this parcel would be subject to the National
Environmental Policy Act, Endangered Species Act, and all other
applicable laws to ensure protection for the Salt Lake area
watershed.
COMMITTEE ACTION
H.R. 3452 was introduced on November 17, 2011, by
Congressman Rob Bishop (R-UT). The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on National Parks, Forests and Public Lands. On
December 2, 2011, the Subcommittee held a hearing on the bill.
On February 29, 2012, the Full Natural Resources Committee met
to consider the bill. The Subcommittee on National Parks,
Forests and Public Lands was discharged by unanimous consent.
Congressman Rob Bishop (R-UT) offered an en bloc amendment to
the bill; the amendment was approved by voice vote. Congressman
Raul Grijalva (D-AZ) offered an amendment in the nature of a
substitute to the bill; the amendment was not adopted by a roll
call vote of 16 to 19, as follows:
The bill was then adopted and ordered favorably reported,
as amended, to the House of Representatives by a roll call vote
of 20 to 18, as follows:
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(1) 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 this bill. However, clause 3(d)(2)(B)
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 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII 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 this bill from the
Director of the Congressional Budget Office:
H.R. 3452--Wasatch Range Recreation Access Enhancement Act
H.R. 3452 would direct the Secretary of Agriculture to sell
30 acres of National Forest System land to a private entity.
The land would be sold at fair market value and used to
construct a tramway that would connect two ski resorts in Utah.
Based on information provided by the Forest Service regarding
the value of the affected lands, CBO estimates that
implementing the legislation would increase offsetting receipts
by less than $500,000; therefore, pay-as-you-go procedures
apply. Enacting the bill would not affect revenues.
H.R. 3452 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by Peter H. Fontaine, Assistant Director
for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures. Based on
information provided by the Forest Service regarding the value
of the affected lands, CBO estimates that implementing the
legislation would increase offsetting receipts by less than
$500,000; therefore, pay-as-you-go procedures apply. Enacting
the bill would not affect revenues.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill, as ordered reported, is to provide for
the sale of approximately 30 acres of Federal land in the
Uinta-Wasatch-Cache National Forest in Salt Lake County, Utah,
and to permit the establishment of a minimally invasive
transportation alternative for skiers, called ``SkiLink'', to
connect two ski resorts in the Wasatch Mountains.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates as defined under
Public Law 104-4.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.
DISSENTING VIEWS
The Wasatch Range Recreation Enhancement Act provides
special access between two ski resorts at the expense of land
protections sought by the United States Forest Service, the
City of Salt Lake, and the County of Salt Lake. H.R. 3452 gives
Canyons Ski Resort monopoly access to Solitude Mountain Resort
by conveying 30 acres to be used to construct a gondola between
resorts. The legislation overrides a carefully crafted land
management plan that balances the need to protect water quality
with continued recreation access in a popular ski area.
Finally, the bill cloaks this special access as a solution to
persistent and real transportation issues currently being
addressed by local lawmakers.
A 120-mile corridor framed by the Wasatch Mountains on the
East and the Great Salt Lake to the west, the Wasatch Front is
home to nearly 80 percent of Utah's population. Within the Salt
Lake area of the Wasatch Front, the Cottonwood Canyons are the
municipal watershed for over one million residents of Salt Lake
Valley. Big Cottonwood Canyon is home to Brighton and Solitude
ski resorts. Alta and Snowbird ski resorts are nestled within
Little Cottonwood Canyon. The area over the ridge of these
mountains to the East is known as the Wasatch Back. Canyons,
Park City Mountain and Deer Valley are the three most popular
Wasatch Back resorts.
H.R. 3452 would require the Forest Service to convey
approximately 30 acres of the Uinta-Wasatch-Cache National
Forest to Canyons-SkiLink, LLC, a subsidiary of Talisker
Corporation, a global real estate development corporation and
owner of Canyons Ski Resort. Currently, there is no access to
the Wasatch Front from Wasatch Back ski resorts. The
construction of the SkiLink would connect one resort on the
Wasatch Back to one resort on the Wasatch Front. This not only
provides special treatment for one resort, but creates a
dangerous precedent for additional development in this
sensitive watershed.
Eighty percent of the Salt Lake City watershed is federal
land managed by the Uinta-Wasatch-Cache National Forest. In
2003, after an extensive public process, the Uinta-Wasatch-
Cache National Forest developed a management plan focused
almost exclusively on providing longterm, high-quality culinary
water to the Salt Lake Valley. The management plan expressly
prohibits expansion of the existing four ski areas in the
Wasatch Front outside of their current boundaries. The lands
identified in this legislation are set aside for watershed
protection and any new recreational facility development, such
as the SkiLink, is prohibited. By legislating the land
conveyance, H.R. 3452 overrides the watershed protection plan.
Salt Lake City owns the largest percentage of water rights
in the Wasatch Canyons and is congressionally directed to
protect water supply and quality. In testimony before the
subcommittee, Salt Lake City Mayor Ralph Becker expressed deep
concerns with the legislation's impact on the ability of Salt
Lake City to sustain a reliable water supply for a growing Salt
Lake Valley population.
Finally, the legislation purports to address transportation
issues by arguing that skiers will now access Wasatch Front
resorts via SkiLink from the Wasatch Back instead of using
surface transportation in the Cottonwood canyons. This is
unlikely. The idea that Salt Lake Valley residents will opt to
drive from Salt Lake City to Park City to then ski in their
backyard resort by taking a gondola from the Canyons resort
defies logic. The Salt Lake City Council and Salt Lake County
Commission have expressed strong opposition to the legislation
in a letter to the Committee. Both the City and County find
that addressing transportation issues through this legislation
is contrary to local, collaborative planning. The Department of
Agriculture did not support the legislation during subcommittee
consideration citing with the role of public input when
legislation mandates the sale of land to a private entity.
There is universal agreement that the region needs to
address transportation issues associated with the Cottonwood
Canyons. There is also universal support for the importance of
protecting key watersheds that supplies the Salt Lake Valley.
To that end, both the City and County have aggressively pursued
local collaborative planning efforts to identify alternative
canyon transportation methods that are consistent with
protecting water quality. The prudent course of action is to
allow local officials and local processes to move forward
without providing a legislative solution favoring one entity.
Edward J. Markey, Ranking Member.
Niki Tsongas.
Madeleine Z. Bordallo.
Raul M. Grijalva.
Grace F. Napolitano.
Gregorio Kilili Camacho Sablan.
Dale E. Kildee.
Ben Ray Lujan.
Paul Tonko.
Rush Holt.