Now the city wants to maintain the property as open space instead of recreation. "Open space that does not provide any additional public value, such as recreational facilities, is not an allowed use under the R&PP Act," Calvert testified.

Perceived intransigence by the BLM's parent agency, the Department of Interior, over protocol and procedures prompted city fathers to approach Bishop about sponsoring legislation to overcome the bureaucratic hurdles. And they found a sympathetic ear.

"Congressman Bishop has a real problem with the BLM owning land in city limits, like Park City," said Justin Harding, legislative director for Bishop's office, who added that Bishop has a "great relationship" with the BLM in Utah and nationally, and that there are "no negative feelings between our office and BLM on this matter."

The result is HR3462, which directs the Department of Interior to convey to Park City title to the 116 acres in four separate BLM-owned parcels near Deer Valley. It also mandates that the city pay fair market value "based on the continued and primary use of the property as open space." Bishop sees the legislation as a way to get the BLM out of the business of managing land in Park City, Harding said.

Park City recently acquired open space lands from a neighboring landowner for $10,000 an acre — the amount officials believe is the fair market value of open space in the city.

But some in the Department of Interior say fair market value means the maximum value dictated by the marketplace, not a price set artificially low to accommodate a city purpose, no matter how well intended. And by mandating an "open space value," the legislation shortchanges U.S. taxpayers.

The issue of fair market value has been a sore spot for the department for years after audits and investigations revealed widespread abuse in the federal appraisal process surrounding land sales and trades. Several prominent Utah land trades cost U.S. taxpayers tens of millions of dollars, whistle-blowers said.

To correct the abuses, the department established strict criteria governing how appraisals would be conducted. Department officials say the Bishop legislation, while maybe not violating the letter of the law, appears to be sidestepping the spirit of the reforms designed to restore public confidence that sales are fair and beneficial to American taxpayers.

Mining claims

If the value of the property causes heartburn for federal land managers, there is another provision of the bill that is causing a full-blown ulcer.

The bill would allow Park City, once it obtained title to the land, to give away part of the acreage as compensation to two companies that currently own long-standing, unpatented mining claims — claims that do not convey with title to the surface land.