[House Report 112-452]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-452

======================================================================



 
            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.

                                  
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