Loading...
02/23/1990 - Minutes Mqo - Meeting of the City Council, Mayor Palmer DePaulis and Congressman Wayne Owens Friday, February 23, 1990 City & County Building, Room 318 451 South State Street Salt Lake City, Utah 3:45 p.m. - 4:45 p.m. Present: Ron Whitehead, District One; Nancy Pace, District Three; Roselyn Kirk, District Six; Don Hale, District Seven ; Mayor Palmer DePaulis; Congressman Wayne Owens; press and City and Congressional staff members. Council Vice Chair Pace welcomed Congressman Owens. The Council and Congressman Owens discussed the land trade proposed between the City and the Forest Service, for which Owens is sponsoring legislation in the House. A hearing is set for March 1, and Mayor Palmer DePaulis will attend on behalf of the City. Councilmember Pace asked how mineral rights would be impacted in the land trade. After discussion, it was indicated that there is no advantage or disadvantage in this regard. Congressman Owens briefed the Council on a wilderness bill he has introduced, and provided written information for their review. He indicated that the Bureau of Land Management is expected to make a formal recommendation this summer on 1 .9 million acres proposed to be set aside as permanent wilderness. Councilmember Ron Whitehead raised the issue of drug and gang problems in the City. Congressman Owens indicated he has been told by the Police Department that there could be as many as 122 "crack houses" in the City. Councilmember Whitehead expressed concern about the extensive process required of officers to protect the rights of the suspected drug dealers, and indicated that he thinks police officers should be able to enter homes if they have probable cause. Congressman Owens indicated that police powers belong to the State. Councilmember Kirk asked if any federal drug money would filter down to Salt Lake City. Congressman Owens indicated that most funding goes to trying to stop the flow of drugs. The Council and Congressman Owens discussed prevention and education versus enforcement . Willis Dorman, a citizen attending the meeting, voiced support for the legalization of drugs, and a shift in priorities to allow for the use of enforcement money on education. After further discussion on the drug issue, the meeting was adjourned. . Nancy Pace, Vice Chair ThClA CD Date hr n arshall, City Recorder la Date .,sue.-•, OFFICE OF THE CITY COUNCIL CITY AND COUNTY BUILDING 451 SOUTH STATE STREET, SUITE 304 SALT LAKE CITY, UTAH 84111 535-7600 AGENDA VA Posted: 3:00 p.m. Thursday, February 22, AO SALT LAKE CITY COUNCIL COMMITTEE OF THE WHOLE FETING DATE: Friday, February 23, 1990 TIME: 3:45 p.m. PLACE: City Council Conference Room City & County Building, Room 325 451 South State Street Salt Lake City, Utah Members of the City Council will meet informally with Congressman Wayne Owens to discuss the following: 1) Congressman Owens will brief the Council on legislation relating to wilderness. 2) The Councilmembers will provide information to Congressman Owens relating to crime and gang activity in Salt Lake City. 3) The Councilmembers will request an update on the status of the proposed Forest Service / Salt Lake City land exchange. 4) Questions which arise as a result of the foregoing. cc: Mayor Palmer DePaulis, Mike Zuhl, Emilie Charles, Roger Cutler, Kathryn Marshall, Department Heads, Press OFFICE OF THE CITY COUNCIL CITY AND COUNTY BUILDING 451 SOUTH STATE STREET, SUITE 304 SALT LAKE CITY, UTAH 84111 535-7600 MEMORANDUM To: Cindy Gust-Jenson Date: February 22, 1990 From: Cam Caldwell Subject: Drug Information The following are useful statistics about the City's drug programs that may be of assistance to the City Council as they meet with Congresman Owens. o Despite the efforts of the City to establish a Metro Narcotics Task Force, the best estimate of the Police Department is that they are currently responding to only 10% of the reported neighborhood drug complaints due to higher priority drug activities in the Valley. o According to national crime statistics data, 60% to 80% of all criminal activity is drug related. The source of this data is the White House Conference Report. o The City has successfully operated a "sting" program over the past several years. The funding for this program has come, in part, from the federal government. The program has been outstandingly successful in leading to the arrest of many felons and the recovery of hundreds of thousands of dollars of stolen property. Unfortunately, federal funds to help continue this program are no longer available. Without them, it is likely that this program will be discontinued. o Despite a growing state drug problem, drug treatment programs in Utah are few in number and can not hope to treat existing drug users who are referred. The cost of the treatment that is available is also quite high, due to the high demand. The majority of all treatment programs in the state focus on alcohol treatment . o National data indicate that the Los Angeles Drug Abuse Resistance Education (DARE) program has been effective in reducing -1- youth related drug activity. The City has experimented with this program this past year with good initial results. Five additional sworn positions and one non-sworn staff member are requested by the Police Department to expand the Salt Lake City DARE program which was instituted this past year. The cost to the City to implement the DARE program at the level requested is an additional $215,000. o The cost to the City to address its existing drug problem at an estimated 70% enforcement level would be at least an additional $500,000, according to the Police Department. Several specific proposals have been developed by the department to enable the City to increase staffing of both the Metro Narcotics Task Force and a City Narcotics Related Crime Squad to respond to specific Salt Lake neighborhood narcotics problems. o Although a Mayor's Drug Task Force has been organized and a task force report has been prepared, the implementation of steps to solve the Salt Lake City drug problem is just beginning. An action plan has been developed "in concept," but a specific work plan needs a major commitment of federal, state and community resources. Please let me know if I can be of additional assistance in preparing for the meeting with Congressman Owens . -2- February 22, 1990 Council members, ers, Attached is information relating to the proposed Forest Service / Salt Lake City Land Exchange. This is on the agenda for your meeting with Congressman Wayne Owens. The Mayor's Office and Council Office staff thought it might be beneficial for you to check with Congressman Owens on the status of this, since he is sponsoring it in the House. The basic idea behind it is to exchange land between the City and the Forest Service, making it easier for each entity to manage its property owned in the Wasatch Canyons east of the City. At this time, there is a "patchwork" pattern of parcels owned by each entity. The bill has passed the Senate. More detail is provided on this in the attached background document and the copy of the Mayor's comments before the Senate Energy and Natural Resources Committee. Proposed Forest Service/Salt Lake City Land Exchange S. 319 and H.R. 807 Background S. 319, introduced by Senators Garn and Hatch, and H.R. 807, introduced by Congressman Owens, are the product of discussions between Salt Lake City and the Wasatch-Cache National Forest on opportunities to improve management of their respective lands in the northern Wasatch Canyons east of Salt Lake City. The legislation provides an apparatus for an acre for acre land exchange between the Forest Service and Salt Lake City Corporation to consolidate their respective land holdings in City Creek, Red Butte, Emigration and Parleys Canyons. Although the Forest Service and City enjoy excellent land management cooper- ation, management could be improved by changing the current scattered land ownership pattern, alternating Forest Service and City-owned parcels, by blocking up land ownership for each entity. The bill would facilitate the exchange of 8,940 acres of City lands for 8 , 949 acres of Forest Service lands. The nine acres difference in lands for exchange is simply the result of exchanging whole parcels and of efforts to eliminate or not create inholdings. Only surface ownership would change hands; the mineral estate is not included in the exchange. Current Status Of the 61, 858 acres in these four Canyons, the Federal Government (with management by the U.S. Forest Service) owns 25, 122 acres (41 percent) and Salt Lake City owns 22 , 824 acres (37 percent) . The remaining 22 percent is almost entirely privately owned. Nearly all of the lands are within the boundaries of the Wasatch-Cache National Forest. Not long after it was founded in 1847, Salt Lake City began to acquire lands within City Creek and other northern canyons to protect the City's water supply. In most instances, the City only acquired the surface estate. Federal lands within the Canyons were reserved to the Forest Service when the Wasatch National Forest was established in 1904 . In 1910, Federal lands within Red Butte Canyon were legislatively withdrawn from the public domain to be part of the Fort Douglas Military Reservation - these Fort Douglas lands subsequently reverted to Forest Service management in 1969 . The Act of Congress of 1914 (chapter 302, 38 Stat. 714) withdrew Federal lands in all four canyons from mineral entry and disposal to protect the water supply and watersheds for the Salt Lake Valley. The Act also directed the Forest Service to cooperate with the City in the preservation of the water supply. Beyond the lands it owns, the Utah State Constitution and State Statutes convey to Salt Lake City extraterritorial rights to protect the watersheds, the water quality, and water supply for the people of the Salt Lake Valley. The Canyons are adjacent to a major metropolitan area and provide a variety of dispersed and developed recreational opportunities on both Forest Service and City-owned lands. However, both the City and the Forest Service have as a management priority protection of the watershed and the Valley's water supply, the City under State Statute and City ordinance and the Forest Service under the Act of 1914 and the 1985 Forest Management Plan. Cooperation in watershed protection is assured through a Memorandum of Understanding between the Forest Service and the City signed in 1981. The current ownership pattern is a checkerboard configuration. Even with similar management objectives, the dispersed nature of ownership frustrates management for both the Forest Service and the City. In addition, Canyon to Canyon, some management policies are unique to each entity. Proposed Exchanges By Canyon The following describes the affected Canyons and the lands proposed for exchange. Salt Lake City owns 56 percent of the lands in City Creek Canyon and is the dominant land manager. City creek provides a high quality source of water to downtown Salt Lake City and Canyon policies emphasize maintenance of water quality. Canyon management is as a city park/nature preserve with limited odd/ even day vehicular/non-motorized access. City picnic facilities can accommodate 845 persons by reservation. The 29 percent Forest Service ownership in the Canyon is in isolated blocks mostly in the upper portion of the Canyon. Under the exchange proposal, the City would receive the Forest Service lands in City Creek Canyon consolidating public land ownership/management with Salt Lake City. Salt Lake's long term management goal is to establish the Canyon as a nature preserve/city park and continue to closely monitor and control access for purposes of water quality and supply. Federal lands within Red Butte Canyon were withdrawn for the Fort Douglas Military Reservation in 1910 and subsequently further withdrawn from public use under the Red Butte Canyon Research Natural Area administrative closure in 1970. The Forest Service owns 83 percent of the lands in the Canyon, with City ownership at 9 percent (508 acres) and private ownership of 8 percent. Under management as a Research Natural Area, public access is prohibited except for research and infrequent one day public access opportunities. Under the exchange, the Forest Service would acquire the City's property to nearly complete consolidated ownership within the Canyon with the Forest Service and further facilitate the Forest Service's Research Natural Area management objectives. - 2 - Emigration Canyon has 42 percent private ownership and considerable residential use. Much of the private land is subdivided with previously approved lots of record. Of the remainder, 30 percent is owned by Salt Lake City and 28 percent (3, 210 acres) is owned by the Forest Service. The exchange proposal would convey City lands other than a small block at the mouth of the Canyon to the Forest Service. By firmly establishing the Forest Service as the dominate public land owner in the Canyon and with the existing withdrawals from disposal for Forest Service lands in the Canyons under the 1914 Act, assurances would be established that further disposal of public lands and subsequent subdivision of lands within this portion of the watershed would not occur. The Canyon waters are not currently used for culinary use, but Salt Lake City may at some future date begin to utilize its water rights in this Canyon for the City's water supply. The City proposes to retain the small acreage at the Canyon mouth to facilitate use of the water supply and/or annexation of private lands into the City for provision of water and sewer service to Canyon residents if they should so desire at some point in the future. Parleys Canyon, the corridor of I-80 over the Wasatch Front, has 42 percent of the lands in Forest Service ownership (13 , 994 acres) and 37 percent owned by the City (12, 207 acres) . Another 6, 810 acres are privately owned and Salt Lake County owns 155 acres. The City's lands are mostly in the northern portion of the Canyon above I-80 and the Forest Service's lands are mostly in the Southern portion of the upper Canyon. But City and Forest Service lands are also scattered in with the other entity's parcels. The exchange would consolidate City ownership primarily in Dell Canyon, around Mountain Dell Reservoir, and adjacent to the Mountain Dell Golf Course. The City would also retain ownership of a block of land south of Interstate 80 which had been proposed for the Summit Ski Area which the City opposes. The Forest Service would acquire City lands in upper Parleys to the Summit and south adjacent to existing consolidated Forest Service ownership going over into the Mill Creek drainage. In the northern portion of Parleys, Salt Lake City owns and manages with other water managers, the Mountain Dell Dam and Reservoir. Above Mountain Dell, it is building another dam and reservoir, Little Dell , within what would become City consolidated lands. The City owns and operates camping and picnic facilities on lands it would retain at Affleck Park as well as a golf course/nordic track skiing facility (Mountain Dell) . These facilities would all be within the City's consolidated land holdings. The consolidated land ownership pattern resulting for the Forest Service would provide the Forest Service with continuity of ownership into the next Canyon south, Mill Creek, where the Forest Service owns 81 percent of the lands. - 3 - Why A Legislative Exchange? Under the Federal Land Management and Planning Act (FLPMA) , a mechanism is provided for exchanges of lands between the Federal Government and other entities. The FLPMA process has been effectively used to accomplish Federal land exchanges, largely with private entities. However, exchanges under FLPMA are required to be value for value. If there is a difference in value between the properties being exchanged, the non-Federal party must pay the Federal government for any larger value the private party would acquire. The objective is, of course, to protect the Federal interest. In order to accomplish an exchange under FLPMA, detailed land appraisals must be performed, including core drilling where the mineral estate is involved, to assure that equal value is exchanged. This is a time consuming and expensive process. In the case of the proposed Forest Service/Salt Lake City exchange in the northern Wasatch Canyons, the City believes that the circumstances are unique and that the Federal fiduciary interest can be protected without the appraisal/value for value process. All lands involved are already publicly owned, will remain under public ownership and not be disposed of, are managed by each entity in a very similar fashion, and under watershed management policies of both entities are restricted as to potential uses. Market value would have to be redefined for these lands. Both the City and Forest Service will exchange similar lands which are and will be used for similar purposes within a protected geographic area. Lands acquired by the Forest Service will be included in the withdrawal/watershed management directives of the 1914 Act and lands the City acquires will be managed under the City's watershed management directives and 1988 Watershed Management Plan. The City believes, and local Forest Service officials agree, that in this case an acre for acre exchange should protect the interests of both entities and the spirit of a value for value exchange. However, under FLPMA, an acre for acre exchange would not be permitted without a demonstration of value for value. Due to these circumstances, the City has elected to pursue a legislatively directed exchange which will afford public scrutiny and comment and participation by the Federal Government and local governments as well. The City and the Wasatch-Cache National Forest have carefully selected lands for exchange which would maximize ownership consolidation, contribute toward complete ownership where one of the entities is the dominant landowner or has overriding management policies (City Creek and Red Butte) , and would come as close as practicable to an acre for acre exchange. - 4 - Minerals The mineral estate is not proposed for exchange. Most Forest Service lands within the northern Canyons include Federal ownership of the mineral estate, although 604 acres of Forest Service lands have privately-owned mineral estates. Federally- owned minerals are managed by the Bureau of Land Management. However, under the Act of Congress of 1914, all Federal minerals in the northern Canyons were withdrawn from entry and appropri- ation under the Federal Mining Laws. When the City acquired its Canyon lands, it usually only acquired the surface estate. It did not acquire the minerals. It is also uncertain what kind of mineral values are found within the northern Canyons. Only a few mining claims were taken to patent before the 1914 restrictions were effective. These claims (now privately owned land) are no longer worked and experienced little mineral production. Without core drilling and exploration it is unknown to what extent valuable minerals may be present. But experience from the past mining claims would indicate that there are few valuable minerals. In order for an acre for acre exchange to be balanced, it was determined by the City and local Forest Service officials that the best approach would be to exclude minerals from the exchange. That would mean that the Federal Government would retain ownership of the minerals under the surface conveyed to the City. Likewise, private ownership of minerals under lands conveyed to the Forest Service by the City would remain in private ownership. There are no active Federal mining claims on the minerals which would have surface conveyed to the City. However, there are Federal oil and gas mineral leases for five of the parcels where Forest Service surface would be conveyed to Salt Lake City. These leases would remain in effect after the exchange, and would continue to be managed by the Bureau of Land Management. Other Affected Rights and Uses There are several rights-of-way, easements, and permits which are in effect for lands subject to the exchange. Pipeline, transmission line, and road rights-of-way are provided by both the City and the Forest Service. In addition, there are grazing permits in effect on some of the lands to be exchanged. The legislation provides that the Forest Service and the City honor any existing rights or permits in effect at the time of the exchange and to provide the holder of the rights or permits with similar rights or permits issued under the authority of the acquiring government. - 5 - Other Legislative Provisions The legislation provides that the exchange would be exempt from the requirements of NEPA environmental assessment or environmental impact statement. The parties to the exchange agree that while ownership will change, management practices will not change significantly. It also provides that lands acquired by the Federal Government will become a part of the National Forest Service System and that the provisions of the Act of Congress of 1914 will be applicable to such lands (they will be withdrawn from entry under the Federal Mining Laws, will be managed for watershed protection, and cannot be disposed of) . In addition, the boundaries of the Wasatch-Cache National Forest would be adjusted to reflect the outer perimeters of the Forest Service lands after the acquisition. - 6 - Statement By The Honorable Palmer DePaulis The Mayor, Salt Lake City, Utah Before the Senate Energy and Natural Resources Committee's Subcommittee on Public Lands, National Parks and Forests Senator Dale L. Bumpers, Chairman September 12, 1989 Chairman Bumpers, thank you for conducting hearings on S. 319 and affording me an opportunity to provide comments on behalf of Salt Lake City. I wish to also thank Senator Garn, a Member of this Subcommittee and a former Mayor of Salt Lake City, for helping to arrange this hearing and for supporting the City interest in this land exchange bill. S. 319, introduced by Senators Garn and Hatch, is the product of discussions between Salt Lake City and the Wasatch- Cache National Forest as to how we could improve our respective land management responsibilities in the northern canyons of the Wasatch Mountains east of Salt Lake City. Salt Lake City strongly supports this bill and urges the Subcommittee to favorably report the legislation. The bill provides for an acre-for-acre exchange between the Forest Service and Salt Lake City Corporation to consolidate their respective landholdings in these four Canyons. Although the City and the Forest Service enjoy excellent cooperation in the management of their interspersed lands, each entity could greatly improve management opportunities with consolidated ownership. The bill would exchange 8, 940 acres of City lands for 8, 949 acres of National Forest lands. The nine acres difference in lands for exchange is simply the result of exchanging whole parcels and efforts to eliminate existing and not create new inholdings. In addition, the bill, as introduced, would only exchange the surface estate. The four Canyons -- City Creek, Red Butte, Emigration, and Parleys -- comprise 61, 858 acres. The Federal Government (with management by the U.S. Forest Service) owns 25, 122 acres (41 percent) and Salt Lake City owns 22,824 acres (37 percent) . The remaining 22 percent is almost entirely privately owned. Of the 47 , 946 acres of City and National Forest lands, 30,057 acres would be retained in their current ownership. Nearly all lands are within the boundaries of the Wasatch-Cache National Forest. 1 Not long after it was founded in 1847, Salt Lake City began to acquire lands within City Creek and the other northern Wasatch canyons to protect the City's water supply. Federal lands within the Canyons were reserved to the Forest Service when the Wasatch National Forest was established in 1904. In 1910, Federal lands within Red Butte Canyon were legislatively withdrawn as part of the Fort Douglas Military Reservation - these Fort Douglas lands subsequently reverted to Forest Service management in 1969. The Act of Congress of 1914 (Chapter 302, 38 Stat. 714) withdrew Federal lands in all four canyons from mineral entry and disposal to protect the water supply and watersheds for the Salt Lake Valley. The Act also directed the Forest Service to cooperate with the City in the preservation of the water supply. Beyond the lands it owns, the Utah State Constitution and State Statutes provide Salt Lake City extraterritorial rights to protect the watersheds, water quality, and water supply for the people of the Salt Lake Valley. We have a unique situation in the northern Wasatch Canyons. The Wasatch-Cache National Forest has the highest level of visitor days among all the National Forests. It is immediately adjacent to a major metropolitan area and provides a variety of developed and dispersed recreational opportunities. Salt Lake City also provides dispersed and developed recreational opportunities on lands it owns within these Canyons. But both the City and the Forest Service have as a management priority protection of the watershed and the Valley's water supply - the City under State Statute and City Ordinance and the Forest Service under the Act of 1914 and the 1985 Forest Management Plan. Forest Service and City cooperation in watershed protection and Canyon's land management is further assured through a Memorandum of Understanding signed in 1981. The current ownership pattern is a checkerboard configuration. Even with cooperation and similar management objectives, the dispersed nature of ownership frustrates management for both the Forest Service and the City because their programs cannot be geographically well focused. In addition, there are management differences canyon to canyon unique to each entity. For instance, City Creek Canyon, with dominant ownership by Salt Lake City, is managed by the City as a nature preserve and city park. Red Butte Canyon, with dominant ownership by the Forest Service, is set aside as a Research Natural Area with general public access prohibited. Attached for the hearing record is a canyon-by-canyon description of current land status, management policies and land uses, and effects of the exchange proposal. Although we could have pursued the exchange through the Federal Land Management and Policy Act (FLPMA) , we believe the 2 circumstances warrant a legislative exchange. Both the Federal and City lands have watershed protection as a management priority. The Federal lands are withdrawn from mineral entry or disposal. The City, likewise, prohibits activities which may degrade the watershed or water quality. The lands, therefore, are within an enclosed management system which affects their value. They have extremely high value to the City and the Forest Service for purposes of the water supply, recreation, and other public needs. However, they are unavailable for private sale, nearly all water rights are publicly held, and they in effect do not have values comparable to other privately-owned canyon properties. Furthermore, for minerals, the Federal minerals are withdrawn and the City does not own the mineral estate for most of its lands. FLPMA exchanges require that lands be appraised and be of equal dollar value. If value for value cannot be achieved, the non-Federal party may compensate the Government for the difference. The objective, of course, is to protect the Federal interest. In order to accomplish an equal value exchange under FLPMA, detailed land appraisals must be performed, including mineral values where the mineral estate is involved. This is a time-consuming and expensive process, and in this case, one in which real market values may not be applicable and core sampling for mineral values would be inappropriate within sensitive watershed areas and/or otherwise protected areas including the Red Butte Research Natural Area. We believe these extenuating circumstances make a FLPMA exchange unworkable and that the public interest and the spirit of a value-for-value exchange can be protected through a legislative acre-for-acre exchange. Both Salt Lake City and the Federal Government would benefit from a consolidation of their respective lands. Expensive appraisals would serve no useful purpose given the watershed protection limitations that apply to all the lands. All lands involved are already publicly owned, will remain under public ownership and not be disposed of, are managed by each entity in a very similar fashion, and under watershed management policies, their potential uses are restricted. Market value would have to be redefined for these lands. The City and Forest Service would exchange similar lands which are and will be used for similar purposes within a protected geographic area. Under S. 319, Forest Service-acquired lands will be included in the withdrawal/ watershed management directives of the 1914 Act and City-acquired lands will be managed under the City's watershed management directives and 1988 Watershed Management Plan. Beyond facilitating the exchange itself, legislation is needed to authorize disposal of the Federal lands which were included in legislative withdrawals and to modify the Forest boundary to include those lands the Federal Government acquires from the City. 3 The City and the Wasatch-Cache National Forest have carefully selected lands for exchange which would maximize ownership consolidation, contribute toward complete ownership where one of the entities is the dominant landowner or has overriding management policies (City Creek and Red Butte) , and would come as close as practicable to an acre-for-acre exchange. The mineral estate is not proposed for exchange. Most National Forest lands within the northern Canyons include Federal ownership of the mineral estate, although 604 acres of National Forest lands have privately-owned mineral estates. Federally-owned minerals are managed by the Bureau of Land Management. However, under the Act of Congress of 1914, all Federal minerals in the northern Canyons were withdrawn from entry and appropriation under the Federal Mining Laws. When the City acquired its Canyon lands, it usually only acquired the surface estate. It did not acquire the minerals. It is uncertain what kind of mineral values are found within the northern Canyons. Only a few mining claims were taken to patent before the 1914 restrictions were effective. These claims (now privately-owned land) are no longer worked and experienced little mineral production. Without core drilling and exploration it is unknown to what extent valuable minerals may be present. But experience from the past mining claims would indicate that there are few valuable minerals. Furthermore, because the Federal mineral lands have development restrictions reflecting the area's priority for watershed protection, establishing mineral values would serve little practical purpose. In order for an acre-for-acre exchange to be balanced, it was determined that the best approach would be to exclude minerals from the exchange. That would mean that the Federal Government would retain ownership of the minerals under the surface conveyed to the City. Likewise, private ownership of minerals under lands conveyed to the Forest Service by the City would remain in privately held. We want to avoid any perception of an imbalance in this exchange. We are aware, however, that Federal land managers prefer to avoid the creation of new split estates. Salt Lake City is flexible on this issue. We would have no objection to receiving the full estate, so long as it is understood that with the exception of 666 acres, the City does not own the mineral estate under lands it will convey. If the minerals were conveyed with the surface, we would be interested in discussions with the Department of Agriculture and/or Interior on how best to assure that minerals received by the City remain withdrawn from mineral entry when they are no longer under Federal withdrawal. 4 There are several rights-of-way, easements, and permits which are in effect for lands subject to the exchange. Pipeline, transmission line, and road rights-of-way are provided by both the City and the Forest Service. In addition, there are grazing permits in effect on some of the lands to be exchanged. S. 319 provides that the Forest Service and the City honor any existing rights or permits in effect at the time of the exchange and provide the holder of the rights or permits with similar rights or permits issued under the authority of the acquiring government. The City currently administers these kinds of rights and permits and would have no difficulty whatsoever in assuming the Federal role for lands it receives. The legislation provides that the exchange would be exempt from the requirements of NEPA for an environmental assessment or environmental impact statement. While ownership will change, management practices will not change significantly. There is not expected to be any significant impact on the human or physical environment as a result of this exchange. At the local level this has been a public process. We have solicited and received public comments through an initial scoping process, and this hearing has afforded another opportunity for identification of potential concerns. In addition, the Forest Service Plan, which was the subject of an EIS, provides management direction to "achieve the land ownership best suited to managing the Forest resources. " The Plan includes guidelines to acquire lands to block up National Forest ownership, reduce the length of boundary lines, or reduce cost of boundary maintenance. This exchange is compatible with those Forest Plan guidelines and I am not aware of local opposition to the exchange proposal. The bill also provides that lands acquired by the Federal Government will become a part of the National Forest Service System and that the provisions of the Act of Congress of 1914 will be applicable to such lands (they will be withdrawn from entry under the Federal Mining Laws, will be managed for watershed protection, and cannot be disposed of) . In addition, the boundaries of the Wasatch-Cache National Forest would be adjusted to reflect the outer perimeters of the Forest Service lands after the acquisition. In discussions with the Forest Service subsequent to introduction of the legislation, we have learned that the bill needs a minor amendment to accomplish exchange of all of the subject lands. The northern 160. 02 acres of Section 18, T. 1N. , R.2E. , lies within the City Creek drainage and would be conveyed by the Forest Service to the City. All of Section 18 was included in the Red Butte Canyon withdrawals (the Pickett Act of June 25, 1910 [36 Stat 847] withdrawing land for the Fort Douglas Military Reservation and the Red Butte Canyon Research Natural Area closure order [Regulation T-9 (I) 36 CFR 261. 11] ) . Both of 5 these withdrawals removed the entire section from "all forms of appropriation". I have attached a suggested amendment to the bill to address this issue. In closing I would like to thank the Utah Congressional delegation for their support of this legislative exchange and the local Forest Service officials for their cooperation. Thank you, Chairman Bumpers, for conducting this hearing. We are hopeful the measure can be enacted and I would be happy to respond to any questions you may have. Attachments: 6 e . SUGGESTED AMENDMENT TO S. 319 9/12/89 Under Section 3. (b) , delete "and" at the end of subsection (2) , renumber subsection (3) as subsection (4) and insert a new subsection (3) as follows: " (3) withdrawals of lands for the Fort Douglas Military Reservation under the Pickett Act of June 25, 1910 (36 Stat 847) and under the Red Butte Canyon Research Natural Area closure order (Regulation T-9[I] 36 CFR 261.111) ; and" LANDS MANAGEMENT AND EFFECTS OF LAND EXCHANGES NORTHERN WASATCH CANYONS OF UTAH CANYON-BY-CANYON There a variations in use, management and dominant ownership in the four Canyons of the Northern Wasatch Mountains east of Salt Lake City. The following briefly describes the four canyons, their current ownership, use, management direction, and effects of the proposed Salt Lake City/Forest Service exchange. City Creek Canyon Salt Lake City owns 56 percent of the lands in City Creek Canyon and is the dominant land manager. City Creek provides a high quality source of water to downtown Salt Lake City (10 to 15 percent of the total City water supply) and the City manages the Canyon carefully to maintain water quality. The City manages the Canyon as a city park with limited odd/even day vehicular/non- motorized access. City picnic facilities can accommodate 845 persons by reservation. The 29 percent Forest Service ownership in the Canyon is in disconnected blocks mostly in the upper portion of the Canyon. Under the exchange proposal, the City would receive the Forest Service lands in City Creek Canyon consolidating public land management within the Canyon with Salt Lake City. In March 1989, Salt Lake City annexed additional portions of the Canyon. 8. 5 miles of the 10 mile long canyon are now within the City boundaries. Salt Lake's long-term management goal is to establish the Canyon as a nature preserve/city park and continue to closely monitor and control access for purposes of watershed/quality water supply protection as provided in the City' s Watershed Management Plan and City Creek Master Plan. Red Butte Canyon Federal lands within Red Butte Canyon were withdrawn for the Fort Douglas Military Reservation in 1910 and subsequently further withdrawn from public use under the Red Butte Canyon Research Natural Area administrative closure in 1970. The Forest Service owns 83 percent of the lands in the Canyon, with City ownership at 9 percent (508 acres) and private ownership of 8 percent. Under management as a Research Natural Area, public access is prohibited except for research and/or infrequent one- day public access opportunities. Under the exchange, the Forest Service would acquire the City's property to nearly complete consolidated ownership within the Canyon with the Forest Service and further facilitate the Forest Service's Research Natural Area management objectives. Emigration Canyon Emigration Canyon has a large percentage of private ownership and considerable residential use. 42 percent of the Canyon is privately owned, much of it subdivided. Of the remainder, 30 percent is owned by Salt Lake City and 28 percent (3 , 210 acres) is owned by the Forest Service. The exchange proposal would convey City lands (other than a small block at the mouth of the Canyon) to the Forest Service. By establishing the Forest Service as the dominate public land owner in the Canyon and with withdrawals from disposal for National Forest lands in the Canyons, assurances would be established that further disposal of public lands and subsequent subdivision of lands within this portion of the watershed would not occur. The Canyon waters are not currently used for culinary use, but Salt Lake City may at some future date begin to utilize its water rights in this Canyon for the City's water supply. The City proposes to retain a small acreage at the Canyon mouth to facilitate use of the water supply and/or annexation of private lands into the City for provision of water and sewer service to Canyon residents in the future if deemed appropriate. Parleys Canyon In Parleys Canyon 42 percent of the lands are in Forest Service ownership (13, 994 acres) and 37 percent owned by Salt Lake City (12, 207 acres) . Private interests own another 20.5 percent (6, 810 acres) of the lands, with the remaining 0. 5 percent (155 acres) owned by Salt Lake County. The Canyon is an important source of the Salt Lake Valley's water supply and includes the corridor for I-80's crossing the Wasatch Mountains. The upper Canyon and all of the side Canyons, including Dell and Lambs Canyons, are in a checkerboard pattern of Salt Lake City and National Forest lands. The exchange would consolidate City ownership in Dell Canyon and mostly north of the interstate with two exceptions. Forest Service ownership would be consolidated in the lower and the upper areas of the main Parleys Canyon drainage. In the mid- portion of the Canyon, Salt Lake City owns and manages, the Mountain Dell Dam and Reservoir. Above Mountain Dell Reservoir, in Dell Canyon, Salt Lake City with other water managers is currently building another dam and reservoir, "Little Dell". This reservoir is located within lands which would become Salt Lake City consolidated lands. In addition, on lands that Salt Lake City would retain in Dell Canyon, the City owns and operates camping and picnic facilities as well as a golf course/nordic track skiing facility. All of these recreation facilities would be within the City's consolidated landholdings. The consolidated ownership pattern resulting for the Forest Service would provide it with continuity of ownership from Lambs Canyon into the next Canyon south, Mill Creek Canyon, where the Forest Service owns 81 percent of the lands. We believe that the public interest and the spirit of a value-for-value exchange is protected in this bill. Even if FLIPMA were used, legislation would probably be necessary to accomplish the exchange. Some of the lands to be acquired by the Forest Service are outside the Forest boundary, the boundary needs to be adjusted, and the Congressional Federal withdrawals would preclude an administrative exchange. The bill only exchanges the surface, however, I understand that the Departments of Agriculture and Interior may prefer to convey minerals along with the surface in order to avoid creation of new split estates. Salt Lake City has no objection to receiving the full estate, so long as it is understood that the City does not own the mineral under most of the lands it will convey. We want to avoid any perception of an imbalance in the exchange. If the City received Federally-withdrawn minerals, we would want to explore management policies to assure continued protection of this watershed from impacts of mining activities. We have learned that the bill needs a minor amendment to accomplish the exchange of 160 acres of National Forest lands which were included in Red Butte Canyon withdrawals. I am providing the Subcommittee with suggested amendment language. I am aware of no local opposition to the exchange proposal. It has been locally publicized and comments have been solicited. 5 In closing I would like to thank the Utah Congressional delegation for their support of this legislative exchange and the local Forest Service officials for their cooperation. Thank you, Chairman Bumpers, for conducting this hearing. We are hopeful the measure can be enacted. I am accompanied by LeRoy Hooton, Director of Salt Lake City Public Utilities, and either of us would be happy to respond to any questions you may have. 6