I

104TH CONGRESS

2D SESSION H. R. 3088

To provide for the exchange of certain federally owned lands and mineral

interests therein, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 14, 1996

Mr. BREWSTER (for himself, Mr. DICKEY, and Mr. HUTCHINSON) introduced

the following bill; which was referred to the Committee on Resources, and

in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such

provisions as fall within the jurisdiction of the committee concerned

A BILL

To provide for the exchange of certain federally owned lands

and mineral interests therein, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. FINDINGS AND PURPOSE.

4 (a) FINDINGS.—Congress finds that:

5 (1) The Weyerhaeuser Company has offered to

6 the United States Government an exchange of lands

7 under which Weyerhaeuser would receive approxi8 mately 50,000 acres of Federal land in Arkansas

9 and Oklahoma in return for conveying to the United
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1 States lands owned by Weyerhaeuser consisting of

2 approximately 165,000 acres of forested wetlands

3 and other forest land of public interest in Arkansas

4 and Oklahoma, consisting of—

5 (A) certain Arkansas Ouachita lands lo6 cated near Lake Ouachita, Little Missouri Wild

7 and Scenic River, Flatside Wilderness and the

8 Ouachita National Forest;

9 (B) certain lands in Oklahoma located

10 near the McCurtain County Wilderness, the

11 Broken Bow Reservoir, the Glover River, and

12 the Ouachita National Forest; and

13 (C) certain Arkansas Cossatot lands lo14 cated on the Little and Cossatot Rivers and

15 identified as the ‘‘Pond Creek Bottoms’’ in the

16 Lower Mississippi River Delta section of the

17 North American Waterfowl Management Plan.

18 (2) Acquisition of the Arkansas Cossatot lands

19 by the United States will remove the lands in the

20 heart of a critical wetland ecosystem from sustained

21 timber production and other development.

22 (3) The acquisition of the Arkansas Ouachita

23 lands and the Oklahoma lands by the United States

24 for administration by the Forest Service will provide

25 an opportunity for enhancement of ecosystem man-
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1 agement of the National Forest System lands and

2 resources.

3 (4) The Arkansas Ouachita lands and the Okla4 homa lands have outstanding wildlife habitat and

5 important recreational values and should continue to

6 be made available for activities such as public hunt7 ing, fishing, trapping, nature observation, enjoy8 ment, education, and timber management.

9 (5) Private use of the lands the United States

10 will convey to Weyerhaeuser will not conflict with es11 tablished management objectives on adjacent Fed12 eral lands.

13 (6) The lands the United States will convey to

14 Weyerhaeuser as part of the exchange described in

15 paragraph (1) do not contain comparable fish, wild16 life, or wetland values.

17 (7) The United States will convey all mineral

18 interests and oil and gas interests to Weyerhaeuser

19 on or under all surface acres designated to be ex20 changed pursuant to the exchange described in para21 graph (1) in which the Federal Government owns

22 such interests.

23 (8) Pursuant to such exchange, Weyerhaeuser

24 will convey to the United States all mineral interests

25 and equivalent oil and gas interests on or under all
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1 surface acres designated to be exchanged pursuant

2 to the exchange described in paragraph (1) in which

3 Weyerhaeuser owns such interests.

4 (9) The United States and Weyerhaeuser have

5 agreed to the values and boundaries of all lands,

6 mineral interests, and oil and gas interests to be

7 conveyed in the exchange and concur that the lands,

8 mineral interests, and oil and gas interests to be

9 conveyed by Weyerhaeuser and the lands, mineral

10 interests, and oil and gas interests to be conveyed by

11 the United States area approximately equal in value.

12 (10) The exchange of lands, mineral interests,

13 and oil and gas interests between Weyerhaeuser and

14 the United States is in the public interest.

15 (b) PURPOSE.—The purpose of this Act is to author16 ize and direct the Secretary of the Interior and the Sec17 retary of Agriculture to enter into an exchange of lands,

18 mineral interests, and oil and gas interests that will pro19 vide environmental, land management, recreational, and

20 economic benefits to the States of Arkansas and Okla21 homa and to the United States.

22 SEC. 2. DEFINITIONS.

23 As used in this Act:
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1 (1) LAND.—The terms ‘‘land’’ or ‘‘lands’’ mean

2 the surface estate and any other interests therein ex3 cept for mineral interests and oil and gas interests.

4 (2) MINERAL INTERESTS.—The term ‘‘mineral

5 interests’’ means geothermal steam and heat and all

6 metals, ores, and minerals of any nature whatsoever,

7 except oil and gas interests, in or upon lands subject

8 to this Act including,but not limited to, coal, lignite,

9 peat, rock, sands, gravel, and quartz.

10 (3) OIL AND GAS INTERESTS.—The term ‘‘oil

11 and gas interests’’ means all oil and gas of any na12 ture whatsoever including carbon dioxide, helium,

13 and gas taken from coal seams (collectively ‘‘oil and

14 gas’’) together with the right to enter lands for the

15 purpose of exploring the lands for oil and gas and

16 drilling, opening, developing, and working wells on

17 such lands and taking out and removing from such

18 lands all such oil and gas together with the right to

19 occupy and make use of as much of the surface of

20 said lands as may reasonably be necessary for these

21 purposes subject to the Secretary of Agriculture’s

22 rules and regulations set forth in section 251.15 of

23 title 36, Code of Federal Regulations.
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1 (4) SECRETARIES.—The term ‘‘Secretaries’’

2 means the Secretary of the Interior and the Sec3 retary of Agriculture.

4 (5) WEYERHAEUSER.—The term ‘‘Weyer5 haeuser’’ means Weyerhaeuser Company, a company

6 incorporated in the State of Washington.

7 SEC. 3. EXCHANGE.

8 (a) EXCHANGE OF LANDS AND MINERAL INTER9 ESTS.—

10 (1) IN GENERAL.—Subject to paragraph (2),

11 within 120 days after the date of the enactment of

12 this Act, the Secretary of Agriculture shall convey to

13 Weyerhaeuser, subject to any valid existing rights,

14 approximately 20,000 acres of Federal lands and

15 mineral interests in the State of Arkansas and ap16 proximately 30,000 acres of Federal lands and min17 eral interests in the State of Oklahoma as depicted

18 for exchange on maps entitled ‘‘Arkansas-Oklahoma

19 Land Exchange—Federal Arkansas and Oklahoma

20 Lands’’, dated llllll 1996 and available for

21 public inspection in appropriate offices of the Sec22 retaries.

23 (2) OFFER AND ACCEPTANCE OF LANDS.—The

24 Secretary of Agriculture shall make the conveyance

25 to Weyerhaeuser if Weyerhaeuser offers deeds of
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1 title, subject to limitations and the reservation de2 scribed in subsection (b), acceptable to the Secretary

3 of Agriculture that convey to the United States the

4 following:

5 (A) Approximately 110,000 acres of lands

6 and mineral interests owned by Weyerhaeuser

7 in the State of Oklahoma, as depicted for trans8 fer to the United States upon a map entitled

9 ‘‘Arkansas-Oklahoma Land Exchange—

10 Weyerhaeuser Oklahoma Lands’’, dated

11 llllll 1996 and available for public in12 spection in appropriate offices of the Secretar13 ies.

14 (B) Approximately 30,000 acres of lands

15 and mineral interests owned by Weyerhaeuser

16 in the State of Arkansas, as depicted for trans17 fer to the United States upon a map entitled

18 ‘‘Arkansas-Oklahoma Land Exchange—

19 Weyerhaeuser Arkansas Ouachita Lands’’,

20 dated llllll 1996 and available for

21 public inspection in appropriate offices of the

22 Secretaries.

23 (C) Approximately 25,000 acres of lands

24 and mineral interests owned by Weyerhaeuser

25 in the State of Arkansas, as depicted for trans-
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1 fer to the United States upon a map entitled

2 ‘‘Arkansas-Oklahoma Land Exchange—

3 Weyerhaeuser Arkansas Cossatot Lands’’, dated

4 llllll 1996 and available for public in5 spection in appropriate offices of the Secretar6 ies.

7 (b) EXCHANGE OF OIL AND GAS INTERESTS.—

8 (1) IN GENERAL.—Subject to paragraph (2), at

9 the same time as the land and mineral interests ex10 change is carried out pursuant to this section, the

11 Secretary of Agriculture shall exchange all Federal

12 oil and gas interests, including existing leases and

13 other agreements, in the lands described in sub14 section (a)(1) for equivalent oil and gas interests, in15 cluding existing leases and other agreements, owned

16 by Weyerhaeuser in the lands described in sub17 section (a)(2). Any exchange of oil and gas interests

18 pursuant to this Act may be made without regard to

19 the limitations requiring that exchanges be made

20 within the same State under section 206 of the Fed21 eral Lands Policy and Management Act of 1976 (43

22 U.S.C. 1716).

23 (2) RESERVATION.—In addition to exchanging

24 oil and gas interests pursuant to paragraph (1), to

25 account for the acreage imbalance in the exchange
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1 required under this Act, there is hereby reserved to

2 Weyerhaeuser, its successors, and assigns until De3 cember 31, 2041, and for so long thereafter that oil

4 or gas is produced therefrom (‘‘term reservation’’),

5 all oil and gas in and under the acreage imbalance

6 lands depicted for reservation by Weyerhaeuser upon

7 a map entitled ‘‘Arkansas-Oklahoma Land Ex8 change—Weyerhaeuser Oil and Gas Interest Res9 ervation Lands’’, dated llllll 1996 and

10 available for public inspection in appropriate offices

11 of the Secretaries. Beginning January 1, 2042, there

12 is hereby reserved to Weyerhaeuser, its successors

13 and assigns, a proportionately reduced 6.25 percent

14 of 8/8’s overriding royalty interest in all oil and gas

15 produced from any well in any governmental section

16 adjacent to or cornering a section in which oil and

17 gas is being produced at the expiration of the term

18 reservation (‘‘overriding royalty’’). The overriding

19 royalty will continue until either the producing well

20 (a well producing on December 31, 2041) ceases

21 production or until all federally leased wells to which

22 the overriding royalty applies cease production,

23 which is later.

24 (c) GENERAL PROVISIONS.—
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1 (1) VALUATION.—The lands, mineral interests,

2 and oil and gas interests exchanged pursuant to this

3 Act shall be approximately equal in value, as deter4 mined by the Secretaries and agreed to by

5 Weyerhaeuser. To ensure that the natural values of

6 the area are not affected by the exchange, a formal

7 appraisal based upon drilling or other surface dis8 turbing activities shall not be required for any min9 eral interests or oil and gas interests exchanged.

10 (2) MAPS CONTROLLING.—The acreage cited in

11 this Act is approximate. In the case of a discrepancy

12 between the description of lands, mineral interests,

13 and/or oil and gas interests to be exchanged pursu14 ant to subsection (a) and the lands, mineral inter15 ests, and/or oil and gas interests depicted on a map

16 referred to in such subsection, the map shall control.

17 Subject to the notification required by paragraph

18 (3), the maps referenced in this Act are subject to

19 such minor corrections as may be agreed upon by

20 the Secretaries and Weyerhaeuser.

21 (3) FINAL MAPS.—Not later than 180 days

22 after the conclusion of the exchange required by sub23 section (a), the Secretaries shall transmit maps ac24 curately depicting the lands and mineral interests

25 conveyed and transferred pursuant to this Act and
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1 the acreage and boundary descriptions of such lands

2 and mineral interests to the Committees on Energy

3 and Natural Resources of the Senate and the Com4 mittee on Resources of the House of Representa5 tives.

6 (4) CANCELLATION.—If, before the exchange

7 has been carried out pursuant to subsections (a) and

8 (b), Weyerhaeuser provides written notification to

9 the Secretaries that Weyerhaeuser no longer intends

10 to complete the exchange, with respect to the lands,

11 mineral interests, and oil and gas interests that

12 would otherwise be subject to the exchange, the sta13 tus of such lands, mineral interests, and oil and gas

14 interests shall revert to the status of such lands,

15 mineral interests, and oil and gas interests as of the

16 day before the date of enactment of this Act and

17 shall be managed in accordance with applicable man18 agement plans.

19 (5) WITHDRAWAL.—Subject to valid existing

20 rights, the lands, mineral interests, and oil and gas

21 interests depicted for conveyance to Weyerhaeuser

22 for possible exchange on the maps referenced in sub23 sections (a) and (b) are withdrawn from all forms of

24 entry and appropriation under the public land laws

25 (including the mining laws); and from the operation
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1 of mineral leasing and geothermal steam leasing

2 laws effective upon the date of the enactment of this

3 Act. Such withdrawal shall terminate 45 days after

4 completion of the exchange provided for in sub5 sections (a) and (b) or on the date of notification by

6 Weyerhaeuser of a decision not to complete the ex7 change.

8 SEC. 4. DESIGNATION AND USE OF LANDS ACQUIRED BY

9 THE UNITED STATES.

10 (a) NATIONAL FOREST SYSTEM.—

11 (1) ADDITION TO THE SYSTEM.—Upon accept12 ance of title by the Secretary of Agriculture, the

13 140,000 acres of land conveyed to the United States

14 pursuant to section 3(a)(2) (A) and (B) of this Act

15 shall be administered by the Secretary of Agriculture

16 in accordance with the laws and regulations pertain17 ing to the National Forest system.

18 (2) PLAN AMENDMENTS.—Within 36 months

19 after the completion of the exchange required by this

20 Act, the Secretary of Agriculture shall amend appli21 cable land and resource management plans and ac22 companying documents pursuant to section 6 of the

23 Forest and Rangeland Renewable Resources Plan24 ning Act of 1974, as amended by the National For25 est Management Act of 1976 (16 U.S.C. 1604).
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1 (b) OTHER.—

2 (1) ADDITION TO THE NATIONAL WILDLIFE

3 REFUGE SYSTEM.—Once acquired by the United

4 States, the 25,000 acres of land identified in section

5 3(a)(2)(C), the Cossatot lands, shall be managed by

6 the Secretary of the Interior as a component of the

7 Cossatot National Wildlife Refuge in accordance

8 with the National Wildlife Refuge System Adminis9 tration Act of 1966 (16 U.S.C. 668dd–668ee).

10 (2) PLAN PREPARATION.—Within 24 months

11 after the completion of the exchange required by this

12 Act, the Secretary of the Interior shall prepare and

13 implement a single refuge management plan for the

14 Cossatot National Wildlife Refuge, as expanded by

15 this Act. Such plans shall recognize the important

16 public purposes served by the nonconsumptive activi17 ties, other recreational activities, and wildlife-related

18 public use, including hunting, fishing and trapping.

19 The plan shall permit, to the maximum extent prac20 ticable, compatible uses to the extent that they are

21 consistent with sound wildlife management and in

22 accordance with the National Wildlife Refuge Sys23 tem Administration Act of 1966 (16 U.S.C. 668dd–

24 668ee) and other applicable laws. Any regulations

25 promulgated by the Secretary of the Interior with
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1 respect to hunting, fishing, and trapping on those

2 lands shall, to the extent practicable, be consistent

3 with State fish and wildlife laws and regulations. In

4 preparing the management plan and regulations, the

5 Secretary of the Interior shall consult with the Ar6 kansas Game and Fish Commission.

7 (3) INTERIM USE OF LANDS.—

8 (A) IN GENERAL.—Except as provided in

9 paragraph (2), during the period beginning on

10 the date of the completion of the exchange of

11 lands required by this Act and ending on the

12 first date of the implementation of the plan pre13 pared under paragraph (2), the Secretary of the

14 Interior shall administer all lands added to the

15 Cossatot National Wildlife Refuge pursuant to

16 this Act in accordance with the National Wild17 life Refuge System Administration Act of 1966

18 (16 U.S.C. 668dd–668ee) and other applicable

19 laws.

20 (B) HUNTING SEASONS.—During the pe21 riod described in subparagraph (A), the dura22 tion of any hunting season on the lands de23 scribed in paragraph (1) shall comport with the

24 applicable State law.
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1 SEC. 5. OUACHITA NATIONAL FOREST BOUNDARY ADJUST2 MENT.

3 (a) IN GENERAL.—Upon acceptance of title by the

4 Secretary of Agriculture of the lands conveyed to the

5 United States pursuant to section 3(a)(2) (A) and (B),

6 the boundaries of the Ouachita National Forest shall be

7 adjusted to encompass those lands conveyed to the United

8 States generally depicted on the maps entitled ‘‘Arkansas9 Oklahoma Land Exchange—Weyerhaeuser Oklahoma

10 Lands’’ and ‘‘Arkansas-Oklahoma Land Exchange—

11 Weyerhaeuser Arkansas Ouachita Lands’’, dated

12 llllll 1996. For the purpose of section 7 of the

13 Land and Water Conservation Fund Act of 1965 (16

14 U.S.C. 460l–9), the boundaries of the Ouachita National

15 Forest, as adjusted by this Act, shall be considered to be

16 the boundaries of the Forest as of January 1, 1965.

17 (b) MAPS AND BOUNDARY DESCRIPTIONS.—Not

18 later than 180 days after the date of enactment of this

19 Act, the Secretary of Agriculture shall prepare a boundary

20 description of the lands depicted on the maps referred to

21 in section 3(a)(2) (A) and (B). Such maps and boundary

22 description shall have the same force and effect as if in23 cluded in this Act, except that the Secretary of Agriculture

24 may correct clerical and typographical errors.

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