[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5718 Introduced in House (IH)]
<DOC>
114th CONGRESS
2d Session
H. R. 5718
To direct the Secretary of Agriculture to acquire and to convey certain
lands or interests in lands in Utah, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 11, 2016
Mr. Chaffetz (for himself, Mr. Stewart, and Mrs. Love) introduced the
following bill; which was referred to the Committee on Natural
Resources
_______________________________________________________________________
A BILL
To direct the Secretary of Agriculture to acquire and to convey certain
lands or interests in lands in Utah, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Central Wasatch
National Conservation and Recreation Area Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Central Wasatch National Conservation and Recreation Area.
Sec. 4. Wilderness.
Sec. 5. White Pine Special Management Area.
Sec. 6. General provisions.
Sec. 7. Land ownership.
Sec. 8. Maps and legal descriptions.
SEC. 2. DEFINITIONS.
(a) Definitions.--In this Act:
(1) Conservation and recreation area.--The term
``Conservation and Recreation Area'' means the Central Wasatch
National Conservation and Recreation Area established by
section 3(a).
(2) Forest plan.--The term ``forest plan'' means the
Revised Forest Plan: Wasatch-Cache National Forest, dated
February 2003, as amended.
(3) Management plan.--The term ``management plan'' means
the management plan for the Central Wasatch National
Conservation and Recreation Area developed under section 3(c).
(4) Conservation and recreation area map.--The term
``Conservation and Recreation Area map'' means the map entitled
``Proposed Central Wasatch National Conservation and Recreation
Area Map'' and dated ___.
(5) Mountain accord.--The term ``Mountain Accord'' means
the Mountain Accord agreement dated July 13, 2015.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(7) State.--The term ``State'' means the State of Utah.
SEC. 3. CENTRAL WASATCH NATIONAL CONSERVATION AND RECREATION AREA.
(a) Establishment.--
(1) In general.--Subject to valid existing rights, there is
established the Central Wasatch National Conservation and
Recreation Area in the State.
(2) Area included.--The Conservation and Recreation Area
shall be comprised of approximately 79,109 acres of Federal
land in the Wasatch-Cache National Forest as generally depicted
on the Conservation and Recreation Area map as ``Central
Wasatch National Conservation and Recreation Area''.
(b) Purposes.--The purposes of the Conservation and Recreation Area
are to--
(1) conserve and protect the ecological, natural, scenic,
wilderness (within wilderness areas), cultural, historical,
geological, and wildlife values within the Conservation and
Recreation Area;
(2) protect, enhance, and restore the water quality and
watershed resources in the Conservation and Recreation Area;
(3) facilitate a balanced, year-round recreation system
with a wide variety of opportunities for residents and
visitors; and
(4) facilitate and accommodate improved access to the
Conservation and Recreation Area for a growing number of users.
(c) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act and in accordance with this subsection,
the Secretary shall develop a comprehensive plan for the long-
term management of the Conservation and Recreation Area.
(2) Consultation.--In developing the management plan
required under paragraph (1), the Secretary shall consult
with--
(A) appropriate State, tribal, and local
governmental entities; and
(B) the public.
(3) Incorporation of plans.--In developing the management
plan required under paragraph (1), to the extent consistent
with this Act, the Secretary may incorporate any provision of--
(A) the forest plan;
(B) Mountain Accord; and
(C) local plans.
(4) Management plan guidelines.--The Management Plan
shall--
(A) conserve, protect, and enhance the resources of
the Conservation and Recreation Area;
(B) ensure protection of water quality and
watershed resources;
(C) ensure protection of environmentally sensitive
areas, including evaluating these areas for special
designations such as Albion Basin Special Botanical
Area;
(D) not allow ski area permit boundary expansion on
Federal land beyond what is described in section
6(a)(10) and as depicted on the Conservation and
Recreation Area map;
(E) provide for adaptive management of resources
and restoration of damaged resources;
(F) promote public safety, including avalanche
control;
(G) facilitate year-round, outdoor recreation;
(H) not allow lifts or people movers for the
purpose of skiing outside of ski area permit boundaries
as depicted on the map or outside the transportation
corridors established in section 6(a)(8)(B); and
(I) provide access to the Conservation and
Recreation Area for residents, visitors, and
businesses.
(d) Management.--
(1) In general.--The Secretary shall manage the
Conservation and Recreation Area--
(A) consistent with the management plan; and
(B) in accordance with--
(i) the laws (including regulations) and
rules applicable to the National Forest System;
and
(ii) this Act.
(2) Uses.--The Secretary shall only allow uses of the
Conservation and Recreation Area that the Secretary determines
would further the purposes described in subsection (b).
(3) Permitted and licensed activities.--
(A) In general.--Nothing in this Act affects
existing permits or licensed activities authorized as
of the date of enactment of this Act.
(B) Process.--Nothing in this Act affects the
process by which activities authorized by permit or
license as of the date of enactment of this Act may be
authorized or reauthorized.
(e) Effect.--
(1) In general.--The establishment of the Conservation and
Recreation Area shall not change the management status of any
area within the boundary of the Conservation and Recreation
Area that is--
(A) a wilderness area;
(B) the White Pine Special Management Area; or
(C) ski area special use permit for Alta, Brighton,
Snowbird, and Solitude.
(2) Conflict of laws.--If there is a conflict between the
laws applicable to the areas described in paragraph (1) and
this subtitle, the more restrictive provisions shall control.
SEC. 4. WILDERNESS.
(a) Mount Olympus Wilderness Boundary Adjustment.--Section 102(a)
of the Utah Wilderness Act of 1984 (Public Law 98-428; 98 Stat. 1658;
16 U.S.C. 1132 note) is amended in paragraph (3), as generally depicted
on the Conservation and Recreation Area map, by--
(1) striking ``sixteen thousand acres'' and inserting
``fifteen thousand eight hundred and eighty-three acres''; and
(2) striking ``, dated August 1984'' and inserting ``and
dated ___''.
(b) Twin Peaks Wilderness Boundary Adjustment.--Section 102(a) of
the Utah Wilderness Act of 1984 (Public Law 98-428; 98 Stat. 1658; 16
U.S.C. 1132 note) is amended in paragraph (4), as generally depicted on
the Conservation and Recreation Area map, by--
(1) striking ``thirteen thousand one hundred acres'' and
inserting ``thirteen thousand and ninety-eight acres''; and
(2) striking ``, dated June 1984'' and inserting ``and
dated ___''.
(c) Lone Peak Wilderness Addition and Boundary Adjustment.--Section
2(i) of the Endangered American Wilderness Act of 1978 (Public Law 95-
237; 92 Stat. 42; 16 U.S.C. 1132 note) is amended, as generally
depicted on the Conservation and Recreation Area map, by--
(1) striking ``twenty-nine thousand five hundred and sixty-
seven acres'' and inserting ``thirty-two thousand one hundred
and thirty acres''; and
(2) inserting ``and dated __'' after ``on a map entitled
`Lone Peak Wilderness--Proposed'''.
(d) Grandeur Peak-Mount Aire Wilderness.--Section 102(a) of the
Utah Wilderness Act of 1984 (Public Law 98-428; 98 Stat. 1657; 16
U.S.C. 1132 note) is amended by--
(1) striking ``and'' from the end of paragraph (11);
(2) striking the period at the end of paragraph (12) and
inserting ``; and''; and
(3) adding at the end the following: ``(13) certain land in
the Uinta-Wasatch-Cache National Forest comprising
approximately 6,158 acres, as generally depicted on the map
entitled `Proposed Central Wasatch National Conservation and
Recreation Area Map' and dated ___, which shall be known as the
Grandeur Peak-Mount Aire Wilderness.''.
SEC. 5. WHITE PINE SPECIAL MANAGEMENT AREA.
(a) Designation.--Subject to valid existing rights, certain Federal
land in the Wasatch-Cache National Forest comprising approximately
1,800 acres, as generally depicted on the Conservation and Recreation
Area map, is designated the White Pine Special Management Area
(referred to in this section as the ``special management area'').
(b) Management.--
(1) In general.--The Secretary shall manage the special
management area established by subsection (a) to maintain the
natural state of the special management area.
(2) Mechanized or motorized vehicles.--
(A) In general.--Except as provided in subparagraph
(B) and the landing of helicopters, the use of
motorized and mechanized vehicles is prohibited in the
special management area.
(B) Exception.--Nothing in subparagraph (A)
prevents the Secretary from--
(i) authorizing the use of motorized
vehicles and equipment for administrative
purposes; or
(ii) responding to an emergency.
(3) Structures and facilities.--New, permanent structures
and facilities are prohibited within the special management
area.
(4) Timber harvesting.--Timber harvesting is prohibited
within the special management area.
SEC. 6. GENERAL PROVISIONS.
(a) General Provisions.--For Federal lands within the Conservation
and Recreation Area the following general provisions shall apply,
consistent with section 3(e):
(1) Adjacent management.--
(A) In general.--The designation of the
Conservation and Recreation Area shall not create a
protective perimeter or buffer zone around the
Conservation and Recreation Area.
(B) Activities outside conservation and recreation
area.--The fact that an activity or use on land outside
the Conservation and Recreation Area can be seen or
heard from areas within the Conservation and Recreation
Area shall not preclude the activity or use outside the
boundary of the Conservation and Recreation Area.
(2) Non-federal land.--
(A) No effect on non-federal land or interests in
non-federal land.--Nothing in this Act affects
ownership, management, use, improvement, or other
rights relating to non-Federal land or interests in
non-Federal land.
(B) Access.--Nothing in this Act modifies any laws
or regulations that require or allow the Secretary to
provide the owners of private property within the
boundary of the Conservation and Recreation Area access
to their property.
(3) Motorized and mechanized vehicles.--
(A) In general.--Except as provided in subparagraph
(C), the use of motorized and mechanized vehicles in
the Conservation and Recreation Area shall be permitted
only on roads, trails, and areas designated for use by
such vehicles by the management plan.
(B) New or temporary roads.--Except as provided in
subparagraph (C), paragraph (2)(B), and paragraph (8),
no new or temporary roads shall be constructed within
the Conservation and Recreation Area.
(C) Exception.--Nothing in subparagraph (A) or (B)
prevents the Secretary from--
(i) authorizing roads or the use of
motorized vehicles for administrative purposes;
or
(ii) responding to an emergency.
(4) Withdrawal.--Subject to valid existing rights, all
Federal land located in the Conservation and Recreation Area is
withdrawn from--
(A) all forms of entry, appropriation, and disposal
under the public land laws;
(B) location, entry, and patenting under the mining
laws; and
(C) disposition under the mineral leasing, mineral
materials, and geothermal leasing laws.
(5) Acquisition of land.--
(A) In general.--The Secretary may acquire land or
interests in land within the boundary of the
Conservation and Recreation Area only through exchange,
donation, or purchase from a willing seller. The
Secretary may not acquire any land by condemnation.
(B) Incorporation of acquired land and interests.--
Any land or interest in land that is located in the
Conservation and Recreation Area that is acquired by
the United States shall--
(i) become part of the Conservation and
Recreation Area;
(ii) be managed in accordance with--
(I) the management plan;
(II) the laws and rules applicable
to the National Forest System; and
(III) this Act; and
(iii) be withdrawn according to paragraph
(4) on the date of acquisition of the land.
(6) Vegetation management.--Nothing in this Act prohibits
the Secretary from conducting vegetation management projects
within the Conservation and Recreation Area--
(A) subject to--
(i) such reasonable regulations, policies,
and practices as the Secretary determines
appropriate; and
(ii) all applicable laws (including
regulations); and
(B) in a manner consistent with the purposes
described in section 3(b).
(7) Wildland fire.--Nothing in this section prohibits the
Secretary, in cooperation with other Federal, State, and local
agencies, as appropriate, from conducting wildland fire
operations in the Conservation and Recreation Area, including
but not limited to operations using aircraft or mechanized
equipment.
(8) Transportation.--
(A) In general.--This paragraph provides for future
transportation infrastructure, including but not
limited to roadway improvements, public transportation,
bus stops, stations, and public amenities, such as
restrooms, trails, trailheads, bike lanes, and
pedestrian infrastructure, within the Conservation and
Recreation Area that are in accordance with--
(i) the management plan;
(ii) all applicable laws; and
(iii) the purposes described in section
3(b) of this Act.
(B) Corridors.--Transportation corridors are
reserved consistent with 23 CFR 774(11)(i) and 49
U.S.C. 5323(q) within the easements, rights-of-way, and
areas of established use (including cut and fill
slopes) on Little Cottonwood Canyon Road (State Road
210) and Big Cottonwood Canyon Road (State Road 190).
(i) Adjustments.--Adjustments to the
corridors may be made through a public
engagement process in accordance with the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) if applicable and
consistent with the purposes described in
section 3(b).
(ii) Existing section 4(f) properties.--
Section 4(f) (23 U.S.C. 138 and 49 U.S.C. 303)
shall only apply to existing properties within
the corridors that would have been determined
to be section 4(f) properties before the
enactment of this Act.
(C) Federal action.--To the extent future
transportation infrastructure requires Federal action,
the Secretary of Agriculture and the Secretary of
Transportation shall coordinate and give priority to
actions in the Conservation and Recreation Area when
fulfilling their obligations under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(D) Utah department of transportation.--Nothing in
this Act is intended to--
(i) limit the Utah Department of
Transportation from providing avalanche
control, maintenance, and safety improvement
activities on current and future transportation
facilities;
(ii) diminish or otherwise affect any
easement, right-of-way (including those
established by historic use or construction),
or other property rights held by or for the
benefit of the Utah Department of
Transportation;
(iii) add to the Utah Department of
Transportation's permitting process for
maintenance or improvement of any existing
transportation facilities; or
(iv) affect existing or future
appropriations authorized by 23 U.S.C. 107(d),
204(f), and 317.
(9) Avalanche control.--The Secretary shall allow access
and avalanche control devices, excluding ski lifts, to be
installed and maintained within or adjacent to the Conservation
and Recreation Area to protect public health and property and
in accordance with the management plan.
(10) Ski area permit boundaries.--Ski area permit boundary
expansion is precluded on Federal land within the Conservation
and Recreation Area beyond what is described below and as
depicted on the Conservation and Recreation Area map.
(A) Permanent boundaries.--Resort Area Permit
Boundaries on Federal land within the Conservation and
Recreation Area as depicted on the Conservation and
Recreation Area as ``Resort Area Boundary, Permanent''
map shall be permanent as of the date of enactment of
this Act.
(B) Brighton.--If a realignment of the Brighton
Resort Area Permit Boundary is proposed within the
``Resort Boundary Adjustment Area'' as depicted on the
Conservation and Recreation Area map, the proposed
realignment is subject to the permitting process as of
the date of enactment of this Act. After completion of
the full permitting process and permit approval by the
U.S. Forest Service, the Brighton Resort Area Boundary
shall be permanent.
(C) Solitude.--If a realignment of the Solitude
Resort Area Permit Boundary is proposed within the
Solitude ``Resort Boundary Adjustment Area'' as
depicted on the Conservation and Recreation Area map,
the proposed realignment is subject to the permitting
process as of the date of enactment of this Act. After
completion of the full permitting process and permit
approval by the U.S. Forest Service, the Resort Area
Boundary shall be permanent.
(D) Alta.--
(i) If a realignment of the Alta Resort
Area Permit Boundary is proposed on the
``Resort Area Boundary, Subject to Permitting
Process'' as depicted on the Conservation and
Recreation Area map, the proposed realignment
is subject to the permitting process as of the
date of enactment of this Act. After completion
of the full permitting process and permit
approval by the U.S. Forest Service, the Alta
Resort Area Boundary shall be permanent. The
Secretary may restrict resort skier access
beyond the realigned Alta Resort Area Boundary.
(ii) If the Alta Ski Lifts Company conveys
the non-Federal land to the United States in
exchange for the Federal land as described in
section 7 of this Act and as identified on the
map entitled ``Preliminary Conceptual Map for
Proposed Land Exchange between The U.S. Forest
Service and certain Utah Ski Areas'', the Alta
Resort Area Boundary as of the date the land
exchange is completed shall be permanent and
any future Alta Resort Area Boundary
realignment shall be precluded. The land
exchange may be completed in multiple phases.
(11) Facilities.--
(A) Definition.--In this subsection, the term
``facility'' means authorized facilities, such as water
resource, water treatment, flood control, utility,
pipeline, or telecommunications facilities.
(B) Existing facilities.--Nothing in this section
affects the operation or maintenance of an existing
facility located within the Conservation and Recreation
Area.
(C) Expansion and new facilities.--Nothing in this
section prohibits the Secretary from authorizing the
expansion of an existing facility or the construction
of a new facility within the Conservation and
Recreation Area subject to--
(i) the management plan;
(ii) all applicable laws; and
(iii) in a manner consistent with the
purposes described in section 3(b).
(12) Water rights.--
(A) Definition.--In this subsection, the term
``water resource facility'' means irrigation and
pumping facilities, reservoirs, water conservation
works, aqueducts, canals, ditches, pipelines, wells,
hydropower projects, transmission, and other facilities
ancillary thereto, and other water diversion, storage,
and carriage structures.
(B) Effect of act.--Nothing in this Act--
(i) shall constitute either an express or
implied reservation by the United States of any
water or water rights with respect to the
Conservation and Recreation Area;
(ii) affect any water rights in the State
existing on the date of enactment of this Act,
including any water rights held by the United
States; or
(iii) establish a precedent with regard to
any future Conservation and Recreation Area
designations.
(C) Utah water law.--The Secretary shall follow the
procedural and substantive requirements of State law to
obtain and hold any water rights not in existence on
the date of the enactment of this Act with respect to
the Conservation and Recreation Area.
(D) Existing water infrastructure.--Nothing in this
Act shall be construed to limit motorized access and
road maintenance by local municipalities, water
districts, or utilities for those maintenance
activities necessary to guarantee the continued
viability of water resource facilities that currently
exist or which may be necessary in the future to
prevent the degradation of the water supply in the
Conservation and Recreation Area designated by this
Act.
(13) Fish and wildlife.--Nothing in this Act affects the
jurisdiction of the State with respect to fish and wildlife.
SEC. 7. LAND OWNERSHIP.
(a) In General.--This section provides for the potential exchange
of specific National Forest System land for specific non-Federal land.
(b) Land Exchange.--
(1) Definitions.--In this subsection--
(A) Federal land.--The term ``Federal land'' means
the National Forest System land identified as ``Federal
Land To Be Evaluated for Private Ownership'' on the map
entitled ``Preliminary Conceptual Map for Proposed Land
Exchange between The U.S. Forest Service and certain
Utah Ski Areas''.
(B) Non-federal land.--The term ``non-Federal
land'' means the private land listed below.
(i) Private land owned by Snowbird Ski and
Summer Resort identified as ``Private Land To
be Evaluated for Public Ownership - From
Snowbird'' on the map entitled ``Preliminary
Conceptual Map for Proposed Land Exchange
between The U.S. Forest Service and certain
Utah Ski Areas''.
(ii) Private land owned by Alta Ski Lifts
Company identified as ``Private Land To be
Evaluated for Public Ownership - From Alta'' on
the map entitled ``Preliminary Conceptual Map
for Proposed Land Exchange between The U.S.
Forest Service and certain Utah Ski Areas''.
(iii) Private land owned by Brighton
Mountain Resort identified as ``Private Land To
be Evaluated for Public Ownership - From
Brighton'' on the map entitled ``Preliminary
Conceptual Map for Proposed Land Exchange
between The U.S. Forest Service and certain
Utah Ski Areas''.
(iv) Private land owned by Solitude
Mountain Resort identified as ``Private Land To
be Evaluated for Public Ownership - From
Solitude'' on the map entitled ``Preliminary
Conceptual Map for Proposed Land Exchange
between The U.S. Forest Service and certain
Utah Ski Areas''.
(C) Ski resorts.--The term ``ski resorts'' means
Snowbird Ski and Summer Resort, Alta Ski Lifts Company,
Brighton Mountain Resort, and Solitude Mountain Resort,
respectively.
(2) Map; legal description.--
(A) Adjustments.--The Secretary and the ski resorts
may, by mutual agreement, correct minor or
typographical errors in any maps, acreage estimate, or
description of any land to be exchanged under this Act.
(B) Map availability.--The maps depicting the
Federal and non-Federal lands to be exchanged under
this Act shall be available for public inspection in
the Office of the Supervisor, Wasatch-Cache National
Forest and Office of the Regional Forester,
Intermountain Region.
(3) Conveyance of land.--Subject to the provisions of this
subsection, if the ski resorts offer to convey to the United
States all right, title, and interest of the ski resorts in and
to the non-Federal land, the Secretary shall evaluate the non-
Federal lands and Federal lands and initiate a public
engagement process. Pending the public engagement process, the
Secretary shall convey to the ski resorts all right, title, and
interest of the United States in and to the Federal land,
subject to valid existing rights and these will be reiterated
in the conveyance deed.
(4) Conditions on acceptance.--
(A) Title.--As a condition of the land exchange
under this subsection, title to the non-Federal land to
be acquired by the Secretary under this subsection
shall be acceptable to the Secretary based on
Department of Justice Title Standards.
(B) Terms and conditions.--The conveyance of the
Federal land and non-Federal land shall be subject to--
(i) all applicable laws, including the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and section 206 of the
Federal Land Policy Act of 1976 (43 U.S.C.
1716); and
(ii) such terms and conditions as the
Secretary may require.
(C) Public engagement process.--As part of the
public engagement process, existing private and public
access to and uses of the land involved in the exchange
shall be evaluated.
(D) Alta exchange.--If Alta Ski Lifts Company
offers to convey non-Federal land to the United States
in exchange for Federal land within the Town of Alta
under this section, the exchange shall be accompanied
by a commitment from Alta Ski Lifts Company to work
with the Town of Alta, existing base area property
owners, and the public to maintain access to public
lands for ski area use, trails, business operations,
parking, and other existing private uses, even if the
resort and transit facilities are reconfigured.
(5) Appraisals.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary and the
ski resorts shall select an appraiser to conduct an
appraisal of the Federal land and non-Federal land.
(B) Requirements.--An appraisal under subparagraph
(A) shall be conducted in accordance with nationally
recognized appraisal standards, including--
(i) the Uniform Appraisal Standards for
Federal Land Acquisitions; and
(ii) the Uniform Standards of Professional
Appraisal Practice.
(C) Costs.--The responsibility for the costs of
appraisal and any associated administrative costs of
appraisal conducted under subparagraph (B) for purposes
of carrying out the land exchange shall be covered by
the ski resorts.
(6) Surveys and title work.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary and the
ski resorts shall select surveyors to conduct surveys
of the Federal land and non-Federal land.
(B) Requirements.--The exact acreage and legal
description of the Federal land and non-Federal land
shall be determined by boundary surveys of the lands to
be exchanged. The boundaries will be surveyed and
monumented as required by the Secretary.
(C) Costs.--The responsibility for the costs of any
surveys conducted under subparagraph (A), any title
work including but not limited to any abstracts, title
reports, escrow or closing fees, deed preparation,
preparation of NEPA documents, and any other
administrative costs of carrying out the land exchange,
shall be covered by the ski resorts.
(7) Valuation and equalization.--
(A) In general.--The value of the Federal land and
non-Federal land to be exchanged under this
subsection--
(i) shall be equal, as determined by
appraisals conducted in accordance with
paragraph (5); or
(ii) if not equal, may be equalized by a
cash equalization payment in the manner
provided in section 206(b) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1716(b)); or
(iii) if not equal, the acreage of the
Federal land or the non-Federal land may be
reduced to achieve equalization, as
appropriate.
(8) Disposition of proceeds.--
(A) In general.--The Secretary shall deposit in the
fund established under Public Law 90-171 (commonly
known as the Sisk Act; 16 U.S.C. 484a) any amount
received by the Secretary as the result of any cash
equalization payment made under paragraph (6)(A)(ii).
(B) Use of proceeds.--Amounts deposited under
subparagraph (A) shall be available to the Secretary,
without further appropriation and until expended, for
the acquisition of lands and interests in lands in the
Conservation and Recreation Area.
(9) Revocation of orders; withdrawal.--
(A) Revocation of orders.--Any public order
withdrawing the Federal land from entry, appropriation,
or disposal under the public land laws is revoked to
the extent necessary to permit the conveyance of the
Federal land to the ski resorts.
(B) Withdrawal.--On the date of enactment of this
Act, if not already withdrawn or segregated from entry
and appropriation under the public land laws (including
the mining and mineral leasing laws) and the Geothermal
Steam Act of 1970 (30 U.S.C. 1001 et seq.), the Federal
land is withdrawn until the date of the conveyance of
the Federal land to the ski resorts.
(10) Hazardous materials.--
(A) In general.--In any conveyance of land under
this Act, the Secretary shall meet disclosure
requirements for hazardous substances, pollutants, or
contaminants, but shall otherwise not be required to
remediate or abate such substances. Furthermore, any
party described in paragraph (1)(C), which acquires
property conveyed under this Act must agree to
indemnify and hold harmless the United States for any
costs associated with remediating or abating any
hazardous substances, pollutants, or contaminants
located on, or being released from, the land conveyed
under this Act, and restore any injured or lost natural
resources.
(B) Environmental site assessment.--The Secretary
and, as a condition of the exchange, the State, shall
make available for review and inspection any record
relating to hazardous materials on the land to be
exchanged under this Act. Prior to the conveyance of
Federal or non-Federal lands, the ski resorts shall
conduct an Environmental Site Assessment of the lands
proposed for conveyance, that meets the requirements
set forth in ASTM E1527-13, for both land to be
conveyed to or from the United States, and provide such
reports to the Secretary.
(C) Costs.--The costs of any response action or
restoration of injured natural resource relating to
hazardous materials on land acquired under this Act
shall be paid by those entities listed in paragraph
(1)(C). No claim shall be made against the United
States by any party listed in paragraph (1)(C) for any
costs associated with the land conveyed under this Act.
(D) Federal parcels.--Notwithstanding 42 U.S.C.
9601 et seq., the Secretary is only required to comply
with the requirements set forth in 42 U.S.C.
9620(h)(1), but not otherwise required to comply with
any other provisions of 42 U.S.C. 9620(h) for land
conveyed to a party listed in paragraph (1)(C).
(11) Deadline for completion of land exchange.--It is the
intent of Congress that the land exchange under this subsection
shall be completed not later than 36 months after the date the
proposal from the non-Federal party is accepted by the
Secretary.
SEC. 8. MAPS AND LEGAL DESCRIPTIONS.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary shall prepare a map and legal description of
the Conservation and Recreation Area, wilderness and wilderness
additions, and White Pine Special Management Area.
(b) Legal Effect.--The maps and legal descriptions prepared under
subsection (a) shall have the same force and effect as if included in
this section, except that the Secretary may correct minor or
typographical errors in the map and legal description.
(c) Availability of Map and Legal Description.--The maps and legal
descriptions prepared under subsection (a) shall be on file and
available for public inspection in the appropriate offices of the
Forest Service.
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