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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 873 Referred in Senate (RFS)]

103d CONGRESS
  1st Session
                                H. R. 873

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                May 24 (legislative day, April 19), 1993

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 AN ACT

 
 To provide for the consolidation and protection of the Gallatin Range.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gallatin Range Consolidation and 
Protection Act of 1993''.

SEC. 2. FINDINGS.

    The Congress finds that:
            (1) It has been the clear policy of the Federal Government 
        since 1925 to consolidate the checkerboard lands along the 
        Gallatin Range north of Yellowstone National Park.
            (2) These lands north of Yellowstone possess outstanding 
        natural characteristics and wildlife habitat which give them 
        high value as lands added to the National Forest System.
            (3) Although these lands have historically remained 
        pristine up to now, failure to consolidate at this time will in 
        the near future lead to fragmentation and development.
            (4) The Federal Government has already invested a great 
        deal in keeping the lands along the Gallatin Range protected 
        from excess development.

SEC. 3. PLUM CREEK LAND EXCHANGE--GALLATIN AREA.

    (a) In General.--The Secretary of Agriculture (hereinafter in this 
Act referred to as the ``Secretary'') shall, subject to the provisions 
of sections 4(a) and 5(a) and notwithstanding any other provision of 
law, acquire by exchange and cash equalization in the amount of 
$3,400,000, certain lands and interests in land of the Plum Creek 
Timber, L.P. (hereinafter in this section referred to as the 
``company''), in and adjacent to the Hyalite-Porcupine-Buffalo Horn 
Wilderness Study Area, the Scapegoat Wilderness Area, and other land in 
the Gallatin National Forest in accordance with this section.
    (b) Description of Lands.--(1) If the company offers to the United 
States the fee title, including mineral interests, to approximately 
37,752 and \15/100\ acres of land owned by the company which is 
available for exchange to the United States as depicted on a map 
entitled ``Plum Creek Timber and Forest Service Proposed Gallatin Land 
Exchange'', dated May 20, 1988, the Secretary shall accept a warranty 
deed to such land and, in exchange therefor, and subject to valid 
existing rights, upon such acceptance the Secretary of the Interior 
shall convey, subject to valid existing rights, by patent the fee title 
to approximately 12,414 and \6/100\ acres of National Forest System 
lands available for exchange to the company as depicted on such map, 
subject to--
            (A) the reservation of ditches and canals required by the 
        Act entitled ``An Act making appropriations for sundry civil 
        expenses of the Government for the fiscal year ending June 
        thirtieth, eighteen hundred and ninety-one, and for other 
        purposes'', approved August 30, 1890 (26 Stat. 391; 43 U.S.C. 
        945);
            (B) the reservation of rights under Federal Oil and Gas 
        Lease numbers 49739, 55610, 40389, 53670, 40215, 33385, 53736, 
        and 38684; and
            (C) such other terms, conditions, reservations, and 
        exceptions as may be agreed upon by the Secretary and the 
        company.
    (2) On termination or relinquishment of the leases referred to in 
paragraph (1), all the rights and interests in land granted therein 
shall immediately vest in the company, its successors and assigns, and 
the Secretary shall give notice of that event by a document suitable 
for recording in the county wherein the leased lands are situated.
    (c) Easements.--Reciprocal easements shall be exchanged at closing 
on the conveyances authorized by this section--
            (1) in consideration of the easements conveyed by the 
        company as provided in paragraph (2) of this subsection, the 
        Secretary shall, under authority of the Act of October 13, 1964 
        (16 U.S.C. 532 et seq.; commonly referred to as the ``National 
        Forest Roads and Trails Act''), or the Federal Land Policy and 
        Management Act of 1976, execute and deliver to the company such 
        easements or other rights-of-way authorizations over federally 
        owned lands included in this exchange as may be agreed to by 
        the Secretary and the company in an exchange agreement; and
            (2) in consideration of the easements conveyed by the 
        United States as provided in paragraph (1), the company shall 
        execute and deliver to the United States such easements or 
        other rights-of-way authorizations across company-owned lands 
        included in this exchange as may be agreed to by the Secretary 
        and the company in an exchange agreement.
    (d) Timing of Transaction.--Subject to the provisions of sections 
4(a) and 5(a) of this Act, it is the intent of Congress that the 
conveyances authorized by this section be completed within 90 days 
after the date of enactment of an Act making the appropriation 
authorized by subsection (e).
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section the sum of $3,400,000, which 
amount the Secretary shall, when appropriated, pay to the company to 
equalize the value of the exchange of land authorized by this section.
    (f) Quality of Title.--Title to the properties referenced in this 
section to be offered to the United States by Big Sky Lumber Company, 
its assignees or successors in interest, shall include both the entire 
surface and subsurface estates without reservation or exception. The 
owner shall be required to acquire any outstanding interest in mineral 
or mineral rights, timber or timber rights, water or water rights, or 
any other outstanding interest in the property, except reservations by 
the United States or the State of Montana by patent, in order to assure 
that title to the property is transferred as described in this section 
and sections 4, 5, and 6. Title to land to be conveyed to the United 
States shall be acceptable to the Secretary and shall otherwise be in 
conformity with title standards for Federal land acquisitions.
    (g) References.--The reference and authorities of this section 
referring to Plum Creek Timber Company, L.P., shall also refer to its 
successors and assigns.

SEC. 4. LAND CONSOLIDATION; PORCUPINE AREA.

    (a) In General.--The exchange described in section 3 of this Act 
shall not be consummated by the Secretary until the Secretary or a not-
for-profit corporation (hereinafter in this section referred to as the 
``conservation entity'') exempt from Federal taxation under section 
501(c)(3) of the Internal Revenue Code of 1986 acting for later 
dispositions to the United States, shall have acquired, by purchase or 
option to acquire, or exchange, all of the Porcupine property for its 
fair market value, determined at the time of acquisition in accordance 
with appraisal standards acceptable to the Secretary by an appraiser 
acceptable to the Secretary and the owner. And further that, if said 
acquisition or option to acquire has been consummated by a conservation 
entity, said entity shall have notified the Secretary that the quality 
of title in fact secured meets applicable Forest Service standards with 
respect to surface and subsurface estates or is otherwise acceptable to 
the Secretary.
    (b) Authorization of Acquisition.--The Secretary is authorized and 
directed to acquire by purchase or exchange the lands and interests 
therein as depicted on a map entitled ``Porcupine Area'', dated 
September, 1992.
    (c) Land Acquisition Authorities.--Acquisitions pursuant to this 
section shall be under existing authorities available to the Secretary.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out the purposes of 
this section. Funds necessary for land acquisition are authorized to be 
appropriated from the Land and Water Conservation Fund.
    (e) References.--The reference and authorities of this section 
referring to the owner shall mean the Big Sky Lumber Company, and its 
successors and assigns.

SEC. 5. LAND CONSOLIDATION--TAYLOR FORK AREA.

    (a) In General.--The exchange described in section 3 of this Act 
shall not be consummated by the Secretary until the Secretary or a not-
for-profit corporation (hereinafter in this section referred to as the 
``conservation entity'') exempt from Federal taxation under section 
501(c)(3) of the Internal Revenue Code of 1986 acting for later 
disposition to the United States, shall have acquired, by purchase or 
option to acquire, or exchange, all of the Taylor Fork property for its 
fair market value, determined at the time of acquisition in accordance 
with appraisal standards acceptable to the Secretary by an appraiser 
acceptable to the Secretary and the owner. And further that, if said 
acquisition or option to acquire has been consummated by a conservation 
entity, said entity shall have notified the Secretary that the quality 
of title in fact secured meets applicable Forest Service standards with 
respect to surface and subsurface estates or is otherwise acceptable to 
the Secretary.
    (b) Authorization for Acquisition.--The Secretary is authorized and 
directed to acquire by purchase or exchange the lands and interests 
therein as depicted on a map entitled ``Taylor Fork Area'', dated 
September, 1992.
    (c) Land Acquisition Authorities.--Acquisition pursuant to this 
section shall be under existing authorities available to the Secretary, 
except that notwithstanding any other provision of law, exchanges 
authorized in this section shall not be restricted within the same 
State.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out the purposes of 
this section. Funds necessary for land acquisition are authorized to be 
appropriated from the Land and Water Conservation Fund.
    (e) References.--The reference and authorities of this section 
referring to the owner shall mean the Big Sky Lumber Company, and its 
successors and assigns.
    (f) Reports to Congress.--For a period of 2 years from the date of 
enactment of this Act, the Secretary shall report annually to the 
Committee on Natural Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate, on the status 
of the negotiations with the company or its successors in interest to 
effect the land consolidation authorized by this section.

SEC. 6. LAND CONSOLIDATION--GALLATIN AREA.

    (a) In General.--It is the policy of the Congress that the 
Secretary shall attempt to acquire by purchase or exchange all lands 
within what is generally known as the Gallatin Range owned by Big Sky 
Lumber Company, its assignees or successors in interest, not otherwise 
acquired, purchased, or exchanged pursuant to sections 3 and 4 of this 
Act.
    (b) Authorization for Acquisition.--The Secretary is authorized and 
directed to acquire by purchase or exchange the lands and interests 
therein as depicted on a map entitled ``Gallatin Area'', dated 
September 1992.
    (c) Land Acquisition Authorities.--Acquisitions pursuant to this 
section shall be under existing authorities available to the Secretary, 
except that notwithstanding any other law, exchanges authorized in this 
section shall not be restricted within the same State.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out the purposes of 
this section. Funds necessary for land acquisition are authorized to be 
appropriated from the Land and Water Conservation Fund.
    (e) Quality of Title.--The quality of title to the properties 
references in this section in fact secured shall meet applicable Forest 
Service standards with respect to surface and subsurface estates or 
shall otherwise be acceptable to the Forest Service.
    (f) References.--The references and authorities of this section 
referring to the Big Sky Lumber Company, shall also refer to its 
successors and assigns.
    (g) Reports to Congress.--For a period of 3 years from the date of 
enactment of this Act, the Secretary shall report annually to the 
Committee on Natural Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate on the status 
of the negotiations with the company or its successors in interest to 
effect the land consolidation authorized by this section.

SEC. 7. SEVERED MINERALS EXCHANGE.

    (a) Findings.--The Congress finds that--
            (1) underlying certain areas in Montana described in 
        subsection (b) are mineral rights owned by subsidiaries of 
        Burlington Resources, Incorporated, its successors and assigns 
        (referred to in this section as the ``company'');
            (2) there are federally-owned minerals underlying lands of 
        the company lying outside those areas;
            (3) the company has agreed in principle with the Department 
        of Agriculture to an exchange of mineral rights to consolidate 
        surface and subsurface ownerships and to avoid potential 
        conflicts with the surface management of such areas; and
            (4) it is desirable that an exchange be completed within 2 
        years after the date of enactment of this Act.
    (b) Description of Mineral Interests.--(1) Pursuant to an exchange 
agreement between the Secretary and the company, the Secretary may 
acquire mineral interests owned by the company or an affiliate of the 
company thereof underlying surface lands owned by the United States 
located in the areas depicted on the maps entitled ``Severed Minerals 
Exchange, Clearwater-Monture Area'', dated September 1988 and ``Severed 
Minerals Exchanges, Gallatin Area'', dated September 1988, or in 
fractional sections adjacent to those areas.
    (2) In exchange for the minerals interests conveyed to the 
Secretary pursuant to paragraph (1), the Secretary of the Interior 
shall convey, subject to valid existing rights, such federally owned 
mineral interests as the Secretary and the company may agree upon.
    (c) Equal Value.--(1) The value of mineral interests exchanged 
pursuant to this section shall be approximately equal based on 
available information.
    (2) To ensure that the wilderness or other natural values of the 
areas are not affected, a formal appraisal based upon drilling or other 
surface disturbing activities shall not be required for any mineral 
interest proposed for exchange, but the Secretary and the company shall 
fully share all available information on the quality and quantity of 
mineral interests proposed for exchange.
    (3) In the absence of adequate information regarding values of 
minerals proposed for exchange, the Secretary and the company may agree 
to an exchange on the basis of mineral interests of similar development 
potential, geologic character, and similar factors.
    (d) Identification of Federally Owned Mineral Interests.--(1) 
Subject to paragraph (2), mineral interests conveyed by the United 
States pursuant to this section shall underlie lands the surface of 
which are owned by the company.
    (2) If there are not sufficient federally owned mineral interests 
of approximately equal value underlying lands, the Secretary and the 
Secretary of the Interior may identify for exchange any other federally 
owned mineral interest in land in the State of Montana of which the 
surface estate is in private ownership.
    (e) Consultation With the Department of the Interior.--(1) The 
Secretary shall consult with the Secretary of the Interior in the 
negotiation of the exchange agreement authorized by subsection (b), 
particularly with respect to the inclusion in such an agreement of a 
provision calling for the exchange of federally owned mineral interests 
lying outside the boundaries of units of the National Forest System.
    (2) Notwithstanding any other law, the Secretary of the Interior 
shall convey the federally owned mineral interests identified in a 
final exchange agreement between the Secretary of Agriculture and the 
company and its affiliates.
    (f) Definition.--For purposes of this section, the term ``mineral 
interests'' includes all locatable and leasable minerals, including oil 
and gas, geothermal resources, and all other subsurface rights.

SEC. 8. GENERAL PROVISIONS.

    (a) Maps.--The maps referred to in sections 3, 4, 5, 6 and 7 are 
subject to such minor corrections as may be agreed upon by the 
Secretary and the company. The Secretary shall notify the Committee on 
Energy and Natural Resources of the United States Senate and the 
Committee on Natural Resources of the United States House of 
Representatives of any corrections made pursuant to the subsection. The 
maps shall be on file and available for public inspection in the office 
of Chief, Forest Service, United States Department of Agriculture.
    (b) Title of Lands Conveyed to the United States.--The rights, 
title and interests to any lands conveyed to the United States in 
furtherance of section 4 in the Porcupine Area, section 5 in the Taylor 
Fork Area, and section 6 in the Gallatin Area shall, at a minimum, 
consist of the surface estate and all the subsurface rights except that 
the Secretary may accept title subject to outstanding or reserved oil 
and gas and geothermal rights, except that there shall be no surface 
occupancy permitted on such Federal lands for any access to reserved or 
outstanding rights or any exploration or development thereof. 
Notwithstanding any provision of State law, section 1323(a) of the 
Alaska National Interest Lands Conservation Act (16 U.S.C. 3210(a)), or 
similar law pertaining to access over federally owned land, no portion 
of lands acquired by the United States in furtherance of this Act shall 
be available for access to, or exploration or development of, any 
reserved or outstanding oil, gas, geothermal or other non-Federal 
property interest.
    (c) National Forest Lands.--All lands conveyed to the United States 
in furtherance of this Act shall be added to and administered as part 
of the National Forest System lands by the Secretary in accordance with 
the laws and regulations pertaining to the National Forest System. 
Until Congress determines otherwise, lands acquired within the Hyalite-
Porcupine-Buffalo Horn Wilderness Study Area shall be managed so as to 
maintain the present wilderness character and potential for inclusion 
in the National Wilderness Preservation System in accordance with 
Public Law 95-150. Other lands acquired shall be subject to the 
Gallatin National Forest planning process under the Forest and 
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601 et 
seq.).

            Passed the House of Representatives May 20, 1993.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.

HR 873 RFS----2
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