Calendar No. 180

103D CONGRESS

1ST SESSION H. R. 873

[Report No. 103–122]

AN ACT

To provide for the consolidation and protection of

the Gallatin Range.

AUGUST 3 (legislative day, JUNE 30), 1993

Reported with an amendment
II

Calendar No. 180

103D CONGRESS

1ST SESSION H. R. 873

[Report No. 103–122]

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

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

AUGUST 3 (legislative day, JUNE 30), 1993

Reported by Mr. JOHNSTON, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

AN ACT

To provide for the consolidation and protection of the

Gallatin Range.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Gallatin Range Con5 solidation and Protection Act of 1993’’.
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1 SEC. 2. FINDINGS.

2 The Congress finds that:

3 (1) It has been the clear policy of the Federal

4 Government since 1925 to consolidate the checker5 board lands along the Gallatin Range north of Yel6 lowstone National Park.

7 (2) These lands north of Yellowstone possess

8 outstanding natural characteristics and wildlife habi9 tat which give them high value as lands added to the

10 National Forest System.

11 (3) Although these lands have historically re12 mained pristine up to now, failure to consolidate at

13 this time will in the near future lead to fragmenta14 tion and development.

15 (4) The Federal Government has already in16 vested a great deal in keeping the lands along the

17 Gallatin Range protected from excess development.

18 SEC. 3. PLUM CREEK LAND EXCHANGE—GALLATIN AREA.

19 (a) IN GENERAL.—The Secretary of Agriculture

20 (hereinafter in this Act referred to as the ‘‘Secretary’’)

21 shall, subject to the provisions of sections 4(a) and 5(a)

22 and notwithstanding any other provision of law, acquire

23 by exchange and cash equalization in the amount of

24 $3,400,000, certain lands and interests in land of the

25 Plum Creek Timber, L.P. (hereinafter in this section re26 ferred to as the ‘‘company’’), in and adjacent to the
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1 Hyalite-Porcupine-Buffalo Horn Wilderness Study Area,

2 the Scapegoat Wilderness Area, and other land in the Gal3 latin National Forest in accordance with this section.

4 (b) DESCRIPTION OF LANDS.—(1) If the company of5 fers to the United States the fee title, including mineral

interests, to approximately 37,752 and 15 6 ⁄100 acres of land

7 owned by the company which is available for exchange to

8 the United States as depicted on a map entitled ‘‘Plum

9 Creek Timber and Forest Service Proposed Gallatin Land

10 Exchange’’, dated May 20, 1988, the Secretary shall ac11 cept a warranty deed to such land and, in exchange there12 for, and subject to valid existing rights, upon such accept13 ance the Secretary of the Interior shall convey, subject to

14 valid existing rights, by patent the fee title to approximately 12,414 and 6 15 ⁄100 acres of National Forest System

16 lands available for exchange to the company as depicted

17 on such map, subject to—

18 (A) the reservation of ditches and canals re19 quired by the Act entitled ‘‘An Act making appro20 priations for sundry civil expenses of the Govern21 ment for the fiscal year ending June thirtieth, eight22 een hundred and ninety-one, and for other pur23 poses’’, approved August 30, 1890 (26 Stat. 391; 43

24 U.S.C. 945);
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1 (B) the reservation of rights under Federal Oil

2 and Gas Lease numbers 49739, 55610, 40389,

3 53670, 40215, 33385, 53736, and 38684; and

4 (C) such other terms, conditions, reservations,

5 and exceptions as may be agreed upon by the Sec6 retary and the company.

7 (2) On termination or relinquishment of the leases

8 referred to in paragraph (1), all the rights and interests

9 in land granted therein shall immediately vest in the com10 pany, its successors and assigns, and the Secretary shall

11 give notice of that event by a document suitable for record12 ing in the county wherein the leased lands are situated.

13 (c) EASEMENTS.—Reciprocal easements shall be ex14 changed at closing on the conveyances authorized by this

15 section—

16 (1) in consideration of the easements conveyed

17 by the company as provided in paragraph (2) of this

18 subsection, the Secretary shall, under authority of

19 the Act of October 13, 1964 (16 U.S.C. 532 et seq.;

20 commonly referred to as the ‘‘National Forest Roads

21 and Trails Act’’), or the Federal Land Policy and

22 Management Act of 1976, execute and deliver to the

23 company such easements or other rights-of-way au24 thorizations over federally owned lands included in
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1 this exchange as may be agreed to by the Secretary

2 and the company in an exchange agreement; and

3 (2) in consideration of the easements conveyed

4 by the United States as provided in paragraph (1),

5 the company shall execute and deliver to the United

6 States such easements or other rights-of-way author7 izations across company-owned lands included in this

8 exchange as may be agreed to by the Secretary and

9 the company in an exchange agreement.

10 (d) TIMING OF TRANSACTION.—Subject to the provi11 sions of sections 4(a) and 5(a) of this Act, it is the intent

12 of Congress that the conveyances authorized by this sec13 tion be completed within 90 days after the date of enact14 ment of an Act making the appropriation authorized by

15 subsection (e).

16 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

17 authorized to be appropriated to carry out this section the

18 sum of $3,400,000, which amount the Secretary shall,

19 when appropriated, pay to the company to equalize the

20 value of the exchange of land authorized by this section.

21 (f) QUALITY OF TITLE.—Title to the properties ref22 erenced in this section to be offered to the United States

23 by Big Sky Lumber Company, its assignees or successors

24 in interest, shall include both the entire surface and sub25 surface estates without reservation or exception. The
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1 owner shall be required to acquire any outstanding inter2 est in mineral or mineral rights, timber or timber rights,

3 water or water rights, or any other outstanding interest

4 in the property, except reservations by the United States

5 or the State of Montana by patent, in order to assure that

6 title to the property is transferred as described in this sec7 tion and sections 4, 5, and 6. Title to land to be conveyed

8 to the United States shall be acceptable to the Secretary

9 and shall otherwise be in conformity with title standards

10 for Federal land acquisitions.

11 (g) REFERENCES.—The reference and authorities of

12 this section referring to Plum Creek Timber Company,

13 L.P., shall also refer to its successors and assigns.

14 SEC. 4. LAND CONSOLIDATION; PORCUPINE AREA.

15 (a) IN GENERAL.—The exchange described in section

16 3 of this Act shall not be consummated by the Secretary

17 until the Secretary or a not-for-profit corporation (herein18 after in this section referred to as the ‘‘conservation en19 tity’’) exempt from Federal taxation under section

20 501(c)(3) of the Internal Revenue Code of 1986 acting

21 for later dispositions to the United States, shall have ac22 quired, by purchase or option to acquire, or exchange, all

23 of the Porcupine property for its fair market value, deter24 mined at the time of acquisition in accordance with ap25 praisal standards acceptable to the Secretary by an ap-
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1 praiser acceptable to the Secretary and the owner. And

2 further that, if said acquisition or option to acquire has

3 been consummated by a conservation entity, said entity

4 shall have notified the Secretary that the quality of title

5 in fact secured meets applicable Forest Service standards

6 with respect to surface and subsurface estates or is other7 wise acceptable to the Secretary.

8 (b) AUTHORIZATION OF ACQUISITION.—The Sec9 retary is authorized and directed to acquire by purchase

10 or exchange the lands and interests therein as depicted

11 on a map entitled ‘‘Porcupine Area’’, dated September,

12 1992.

13 (c) LAND ACQUISITION AUTHORITIES.—Acquisitions

14 pursuant to this section shall be under existing authorities

15 available to the Secretary.

16 (d) AUTHORIZATION OF APPROPRIATIONS.—There

17 are authorized to be appropriated such sums as are nec18 essary to carry out the purposes of this section. Funds

19 necessary for land acquisition are authorized to be appro20 priated from the Land and Water Conservation Fund.

21 (e) REFERENCES.—The reference and authorities of

22 this section referring to the owner shall mean the Big Sky

23 Lumber Company, and its successors and assigns.
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1 SEC. 5. LAND CONSOLIDATION—TAYLOR FORK AREA.

2 (a) IN GENERAL.—The exchange described in section

3 3 of this Act shall not be consummated by the Secretary

4 until the Secretary or a not-for-profit corporation (herein5 after in this section referred to as the ‘‘conservation en6 tity’’) exempt from Federal taxation under section

7 501(c)(3) of the Internal Revenue Code of 1986 acting

8 for later disposition to the United States, shall have ac9 quired, by purchase or option to acquire, or exchange, all

10 of the Taylor Fork property for its fair market value, de11 termined at the time of acquisition in accordance with ap12 praisal standards acceptable to the Secretary by an ap13 praiser acceptable to the Secretary and the owner. And

14 further that, if said acquisition or option to acquire has

15 been consummated by a conservation entity, said entity

16 shall have notified the Secretary that the quality of title

17 in fact secured meets applicable Forest Service standards

18 with respect to surface and subsurface estates or is other19 wise acceptable to the Secretary.

20 (b) AUTHORIZATION FOR ACQUISITION.—The Sec21 retary is authorized and directed to acquire by purchase

22 or exchange the lands and interests therein as depicted

23 on a map entitled ‘‘Taylor Fork Area’’, dated September,

24 1992.

25 (c) LAND ACQUISITION AUTHORITIES.—Acquisition

26 pursuant to this section shall be under existing authorities
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1 available to the Secretary, except that notwithstanding

2 any other provision of law, exchanges authorized in this

3 section shall not be restricted within the same State.

4 (d) AUTHORIZATION OF APPROPRIATIONS.—There

5 are authorized to be appropriated such sums as are nec6 essary to carry out the purposes of this section. Funds

7 necessary for land acquisition are authorized to be appro8 priated from the Land and Water Conservation Fund.

9 (e) REFERENCES.—The reference and authorities of

10 this section referring to the owner shall mean the Big Sky

11 Lumber Company, and its successors and assigns.

12 (f) REPORTS TO CONGRESS.—For a period of 2 years

13 from the date of enactment of this Act, the Secretary shall

14 report annually to the Committee on Natural Resources

15 of the House of Representatives and the Committee on

16 Energy and Natural Resources of the Senate, on the sta17 tus of the negotiations with the company or its successors

18 in interest to effect the land consolidation authorized by

19 this section.

20 SEC. 6. LAND CONSOLIDATION—GALLATIN AREA.

21 (a) IN GENERAL.—It is the policy of the Congress

22 that the Secretary shall attempt to acquire by purchase

23 or exchange all lands within what is generally known as

24 the Gallatin Range owned by Big Sky Lumber Company,

25 its assignees or successors in interest, not otherwise ac-
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1 quired, purchased, or exchanged pursuant to sections 3

2 and 4 of this Act.

3 (b) AUTHORIZATION FOR ACQUISITION.—The Sec4 retary is authorized and directed to acquire by purchase

5 or exchange the lands and interests therein as depicted

6 on a map entitled ‘‘Gallatin Area’’, dated September 1992.

7 (c) LAND ACQUISITION AUTHORITIES.—Acquisitions

8 pursuant to this section shall be under existing authorities

9 available to the Secretary, except that notwithstanding

10 any other law, exchanges authorized in this section shall

11 not be restricted within the same State.

12 (d) AUTHORIZATION OF APPROPRIATIONS.—There

13 are authorized to be appropriated such sums as are nec14 essary to carry out the purposes of this section. Funds

15 necessary for land acquisition are authorized to be appro16 priated from the Land and Water Conservation Fund.

17 (e) QUALITY OF TITLE.—The quality of title to the

18 properties references in this section in fact secured shall

19 meet applicable Forest Service standards with respect to

20 surface and subsurface estates or shall otherwise be ac21 ceptable to the Forest Service.

22 (f) REFERENCES.—The references and authorities of

23 this section referring to the Big Sky Lumber Company,

24 shall also refer to its successors and assigns.
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1 (g) REPORTS TO CONGRESS.—For a period of 3 years

2 from the date of enactment of this Act, the Secretary shall

3 report annually to the Committee on Natural Resources

4 of the House of Representatives and the Committee on

5 Energy and Natural Resources of the Senate on the status

6 of the negotiations with the company or its successors in

7 interest to effect the land consolidation authorized by this

8 section.

9 SEC. 7. SEVERED MINERALS EXCHANGE.

10 (a) FINDINGS.—The Congress finds that—

11 (1) underlying certain areas in Montana de12 scribed in subsection (b) are mineral rights owned

13 by subsidiaries of Burlington Resources, Incor14 porated, its successors and assigns (referred to in

15 this section as the ‘‘company’’);

16 (2) there are federally-owned minerals underly17 ing lands of the company lying outside those areas;

18 (3) the company has agreed in principle with

19 the Department of Agriculture to an exchange of

20 mineral rights to consolidate surface and subsurface

21 ownerships and to avoid potential conflicts with the

22 surface management of such areas; and

23 (4) it is desirable that an exchange be com24 pleted within 2 years after the date of enactment of

25 this Act.
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1 (b) DESCRIPTION OF MINERAL INTERESTS.—(1)

2 Pursuant to an exchange agreement between the Secretary

3 and the company, the Secretary may acquire mineral in4 terests owned by the company or an affiliate of the com5 pany thereof underlying surface lands owned by the Unit6 ed States located in the areas depicted on the maps enti7 tled ‘‘Severed Minerals Exchange, Clearwater-Monture

8 Area’’, dated September 1988 and ‘‘Severed Minerals Ex9 changes, Gallatin Area’’, dated September 1988, or in

10 fractional sections adjacent to those areas.

11 (2) In exchange for the minerals interests conveyed

12 to the Secretary pursuant to paragraph (1), the Secretary

13 of the Interior shall convey, subject to valid existing rights,

14 such federally owned mineral interests as the Secretary

15 and the company may agree upon.

16 (c) EQUAL VALUE.—(1) The value of mineral inter17 ests exchanged pursuant to this section shall be approxi18 mately equal based on available information.

19 (2) To ensure that the wilderness or other natural

20 values of the areas are not affected, a formal appraisal

21 based upon drilling or other surface disturbing activities

22 shall not be required for any mineral interest proposed for

23 exchange, but the Secretary and the company shall fully

24 share all available information on the quality and quantity

25 of mineral interests proposed for exchange.
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1 (3) In the absence of adequate information regarding

2 values of minerals proposed for exchange, the Secretary

3 and the company may agree to an exchange on the basis

4 of mineral interests of similar development potential, geo5 logic character, and similar factors.

6 (d) IDENTIFICATION OF FEDERALLY OWNED MIN7 ERAL INTERESTS.—(1) Subject to paragraph (2), mineral

8 interests conveyed by the United States pursuant to this

9 section shall underlie lands the surface of which are owned

10 by the company.

11 (2) If there are not sufficient federally owned mineral

12 interests of approximately equal value underlying lands,

13 the Secretary and the Secretary of the Interior may iden14 tify for exchange any other federally owned mineral inter15 est in land in the State of Montana of which the surface

16 estate is in private ownership.

17 (e) CONSULTATION WITH THE DEPARTMENT OF THE

18 INTERIOR.—(1) The Secretary shall consult with the Sec19 retary of the Interior in the negotiation of the exchange

20 agreement authorized by subsection (b), particularly with

21 respect to the inclusion in such an agreement of a provi22 sion calling for the exchange of federally owned mineral

23 interests lying outside the boundaries of units of the Na24 tional Forest System.
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1 (2) Notwithstanding any other law, the Secretary of

2 the Interior shall convey the federally owned mineral inter3 ests identified in a final exchange agreement between the

4 Secretary of Agriculture and the company and its affili5 ates.

6 (f) DEFINITION.—For purposes of this section, the

7 term ‘‘mineral interests’’ includes all locatable and

8 leasable minerals, including oil and gas, geothermal re9 sources, and all other subsurface rights.

10 SEC. 8. GENERAL PROVISIONS.

11 (a) MAPS.—The maps referred to in sections 3, 4,

12 5, 6 and 7 are subject to such minor corrections as may

13 be agreed upon by the Secretary and the company. The

14 Secretary shall notify the Committee on Energy and Natu15 ral Resources of the United States Senate and the Com16 mittee on Natural Resources of the United States House

17 of Representatives of any corrections made pursuant to

18 the subsection. The maps shall be on file and available

19 for public inspection in the office of Chief, Forest Service,

20 United States Department of Agriculture.

21 (b) TITLE OF LANDS CONVEYED TO THE UNITED

22 STATES.—The rights, title and interests to any lands con23 veyed to the United States in furtherance of section 4 in

24 the Porcupine Area, section 5 in the Taylor Fork Area,

25 and section 6 in the Gallatin Area shall, at a minimum,
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1 consist of the surface estate and all the subsurface rights

2 except that the Secretary may accept title subject to out3 standing or reserved oil and gas and geothermal rights,

4 except that there shall be no surface occupancy permitted

5 on such Federal lands for any access to reserved or out6 standing rights or any exploration or development thereof.

7 Notwithstanding any provision of State law, section

8 1323(a) of the Alaska National Interest Lands Conserva9 tion Act (16 U.S.C. 3210(a)), or similar law pertaining

10 to access over federally owned land, no portion of lands

11 acquired by the United States in furtherance of this Act

12 shall be available for access to, or exploration or develop13 ment of, any reserved or outstanding oil, gas, geothermal

14 or other non-Federal property interest.

15 (c) NATIONAL FOREST LANDS.—All lands conveyed

16 to the United States in furtherance of this Act shall be

17 added to and administered as part of the National Forest

18 System lands by the Secretary in accordance with the laws

19 and regulations pertaining to the National Forest System.

20 Until Congress determines otherwise, lands acquired with21 in the Hyalite-Porcupine-Buffalo Horn Wilderness Study

22 Area shall be managed so as to maintain the present wil23 derness character and potential for inclusion in the Na24 tional Wilderness Preservation System in accordance with

25 Public Law 95–150. Other lands acquired shall be subject
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1 to the Gallatin National Forest planning process under the

2 Forest and Rangeland Renewable Resources Planning Act

3 of 1974 (16 U.S.C. 1601 et seq.).

4 SECTION 1. SHORT TITLE.

5 This Act may be referred to as the ‘‘Gallatin Range

6 Consolidation and Protection Act of 1993’’.

7 SEC. 2. FINDINGS.

8 Congress finds that—

9 (1) the lands north of Yellowstone National Park

10 possess outstanding natural characteristics and wild11 life habitats that give the lands high value as lands

12 added to the National Forest System; and

13 (2) it is in the interest of the United States for

14 the Secretary, acting through the Forest Service, to

15 enter into an option agreement with Big Sky Lumber

16 Company and Louisiana Pacific Corporation to ful17 fill the purposes of this Act.

18 SEC. 3. BIG SKY LUMBER EXCHANGE—GALLATIN AREA.

19 (a) IN GENERAL.—Notwithstanding any other provi20 sion of law, the Secretary of Agriculture (referred to in this

21 Act as the ‘‘Secretary’’, unless the context otherwise re22 quires) shall acquire by exchange certain lands and inter23 ests in lands of the Big Sky Lumber Company (referred

24 to in this Act as the ‘‘Company’’), in and adjacent to the

25 Hyalite-Porcupine-Buffalo Horn Wilderness Study Area,
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1 the Scapegoat Wilderness Area, and other lands in the Gal2 latin National Forest in accordance with this section.

3 (b) DESCRIPTION OF LANDS.—

4 (1) OFFER AND ACCEPTANCE OF LAND.—If the

5 Company offers to the United States acceptable fee

6 title, including mineral interests, to approximately

7 37,752 acres of land owned by the Company and

8 available for exchange, as depicted on the map enti9 tled ‘‘Plum Creek Timber and Forest Service Pro10 posed Gallatin Land Exchange’’, dated May 20, 1988,

11 the Secretary shall accept a warranty deed to the

12 land.

13 (2) EXCHANGE.—In exchange for the lands de14 scribed in paragraph (1) and subject to valid existing

15 rights, the Secretary of Interior shall convey, by pat16 ent, the fee title to approximately 16,278 acres of Na17 tional Forest System lands available for exchange as

18 depicted on the maps referred to in paragraph (1),

19 subject to—

20 (A) the reservation of ditches and canals re21 quired by the first section of the Act entitled ‘‘An

22 Act making appropriations for sundry civil ex23 penses of the Government for the fiscal year end24 ing June thirtieth, eighteen hundred and ninety25 one, and for other purposes’’, approved August
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1 30, 1890 (26 Stat. 371, chapter 837; 43 U.S.C.

2 945);

3 (B) the reservation of rights under Federal

4 Oil and Gas Lease numbers 49739, 55610,

5 40389, 53670, 40215, 33385, 53736, and 38684;

6 and

7 (C) such other terms, conditions, reserva8 tions, and exceptions as may be agreed upon by

9 the Secretary and the Company.

10 (3) TERMINATION OF LEASES.—

11 (A) VESTING OF RIGHTS AND INTERESTS.—

12 Upon termination or relinquishment of the leases

13 referred to in paragraph (2)(B), all the rights

14 and interests in such leases reserved under para15 graph (2)(B) shall immediately vest in the Com16 pany and its successors and assigns.

17 (B) NOTICE.—The Secretary shall provide

18 notice of the termination or relinquishment of

19 the leases referred to in paragraph (2)(B) by a

20 document suitable for recording in the county in

21 which the leased lands are located.

22 (c) EASEMENTS.—

23 (1) IN GENERAL.—Reciprocal easements in ac24 cordance with this subsection shall be conveyed at the

25 time of the exchange authorized by this section.
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1 (2) CONVEYANCE BY THE SECRETARY.—The Sec2 retary shall, in consideration of the easements con3 veyed by the Company under paragraph (3), and

4 under the authority of Section 2 of Public Law 88–

5 257 (commonly known as the ‘‘National Forest Roads

6 and Trails Act’’) (16 U.S.C. 533), or the Federal

7 Lands Policy and Management Act of 1976 (43

8 U.S.C. 1701 et seq.), execute and deliver to the Com9 pany such easements or other rights-of-way over feder10 ally owned lands as may be agreed to by the Sec11 retary and the Company.

12 (3) CONVEYANCE BY THE COMPANY.—The Com13 pany shall, in consideration of the easements con14 veyed by the Secretary under paragraph (2), execute

15 and deliver to the United States such easements or

16 other rights-of-way across Company-owned lands in17 cluded in this exchange as may be agreed to by the

18 Secretary and the Company.

19 (d) NORTH BRIDGER RANGE.—

20 (1) COVENANTS AND OTHER RESTRICTIONS.—As

21 a condition of the exchange, with respect to such lands

22 depicted on the map entitled ‘‘North Bridger Range’’,

23 dated May 1993, the Company shall agree that—

24 (A) the holders, or their successors or as25 signs, of grazing leases on such lands on the date
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1 of enactment of this Act shall be permitted to

2 continue to use such lands for grazing under

3 terms acceptable to the Company and the

4 permitees for so long as the Company owns such

5 lands and for two years after the Company has

6 sold or disposed of such lands; and

7 (B) the timber harvest practices used on

8 such lands shall be conducted in accordance with

9 Montana Forestry Best Management Practices,

10 the Montana Streamside Zone Management Law

11 (Mont. Code Ann. sec. 77–5–301 et seq.), and all

12 other applicable laws of the State of Montana.

13 (2) FUTURE ACQUISITION.—The Secretary shall

14 consider the desirability of possible acquisition,

15 through exchange under existing law, of any of the

16 lands described in paragraph (1), and shall, not later

17 than one year after the date of enactment of this Act,

18 report to the Committee on Energy and Natural Re19 sources of the Senate and the Committee on Natural

20 Resources of the House of Representatives concerning

21 the desirability of an exchange.

22 (e) TIMING OF TRANSACTION.—

23 (1) DETERMINATION.—The Secretary shall re24 view the title for the non-Federal lands described in

25 subsection (b), and the appraisal and titles for the
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1 non-Federal lands described in section 4 and 5, and,

2 within sixty days after receipt of all applicable ap3 praisal and title documents from the Company, deter4 mine whether—

5 (A) the applicable title standards for Fed6 eral land acquisition have been satisfied or the

7 quality of title is otherwise acceptable to the Sec8 retary;

9 (B) all draft conveyances and closing docu10 ments have been received and approved;

11 (C) a current title commitment verifying

12 compliance with applicable title standards has

13 been issued to the Secretary;

14 (D) the appraisals comply with applicable

15 Forest Service standards; and

16 (E) except as provided in section (8)(b), the

17 title includes both the surface and subsurface es18 tates without reservation or exception (except by

19 the United States or the State of Montana, by

20 patent), including

21 (i) minerals or mineral rights;

22 (ii) timber or timber rights; and

23 (iii) any other interest in the property.

24 (2) CONVEYANCE OF TITLE.—In the event the ap25 praisal and/or quality of title do not meet Federal
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1 standards or are otherwise determined unacceptable to

2 the Secretary, the Secretary shall advise the Company

3 regarding corrective actions necessary to make an af4 firmative determination under paragraph (1). The

5 Secretary, acting through the Chief of the Forest Serv6 ice, shall effect the conveyance of lands described in

7 subsection (b)(2) not later than sixty days after the

8 Secretary has made an affirmative determination

9 under paragraph (1).

10 (f) COMPLIANCE WITH OPTION.—Notwithstanding sec11 tion (3)(e)(2), the Secretary shall not consummate the con12 veyance of lands described in subsection (b)(2) until the Sec13 retary has determined that title to the lands described in

14 sections 4 and 5 have been escrowed as required by the docu15 ment entitled ‘‘Option Agreement for the Exchange and/or

16 Purchase of Real Property Pursuant to the Gallatin Range

17 Consolidation and Protection Act of 1993’’ (referred to in

18 this act as ‘‘the Option’’), executed by the Company, as

19 seller.

20 (g) REFERENCES.—References in this Act to the Com21 pany shall include references to the successors and assigns

22 of the Company.

23 SEC. 4. LAND CONSOLIDATION—PORCUPINE AREA.

24 (a) ACQUISITION OF PORCUPINE PROPERTY.—The

25 Secretary is authorized and directed to acquire, by purchase
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1 or exchange, lands and interests in lands as depicted on

2 the map entitled ‘‘Porcupine Area’’, dated September, 1992,

3 in accordance with the terms and conditions of the Option

4 for the fair market value of such lands and interests, deter5 mined at the time of acquisition, in accordance with the

6 appraisal standards specified in the Option.

7 (b) REPORTS TO CONGRESS.—The Secretary shall re8 port annually to the Committee on Energy and Natural

9 Resources of the Senate and the Committee on Natural Re10 sources of the House of Representatives, on the status of the

11 acquisition authorized by this section.

12 SEC. 5. LAND CONSOLIDATION—TAYLOR FORK AREA.

13 (a) ACQUISITION OF TAYLOR FORK PROPERTY.—The

14 Secretary is authorized and directed to acquire, by purchase

15 or exchange, lands and interests in lands as depicted on

16 the map entitled ‘‘Taylor Fork Area’’, dated September,

17 1992, in accordance with the terms and conditions of the

18 Option for the fair market value of such lands and interests,

19 determined at the time of acquisition, in accordance with

20 the appraisal standards specified in the Option.

21 (b) REPORTS TO CONGRESS.—The Secretary shall re22 port annually to the Committee on Energy and Natural

23 Resources of the Senate and the Committee on Natural Re24 sources of the House of Representatives, on the status of the

25 pending acquisition authorized by this section.
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1 SEC. 6. LAND CONSOLIDATION—GALLATIN ROADED AREA.

2 (a) ACQUISITION OF GALLATIN ROADED PROPERTY.—

3 The Secretary is authorized and directed to acquire, by pur4 chase or exchange, lands and interests in lands as depicted

5 on the map entitled ‘‘Gallatin Area’’ date September 1992,

6 in accordance with the terms and conditions of the Option

7 not otherwise acquired, purchased, or exchanged under sec8 tion 3, 4, or 5.

9 (b) REPORTS TO CONGRESS.—The Secretary shall re10 port annually to the Committee on Energy and Natural

11 Resources of the Senate and the Committee on Natural Re12 sources of the House of Representatives, on the status of the

13 acquisition authorized by this section.

14 SEC. 7. SEVERED MINERAL EXCHANGE.

15 (a) FINDINGS.—Congress finds that—

16 (1) underlying certain areas in Montana de17 scribed in subsection (b) are mineral rights owned by

18 subsidiaries of Burlington Resources, Incorporated

19 and its successors and assigns (referred to in this Act

20 as ‘‘Burlington’’);

21 (2) there are federally-owned minerals underly22 ing lands of Burlington lying outside those areas;

23 (3) Burlington has agreed in principle with the

24 Secretary to an exchange of mineral rights to consoli25 date surface and subsurface ownerships and to avoid
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1 potential conflicts with the surface management of the

2 areas; and

3 (4) it is desirable that an exchange of lands be

4 completed not later than two years after the date of

5 enactment of this Act.

6 (b) MINERAL INTERESTS.—

7 (1) ACQUISITION.—Pursuant to an exchange

8 agreement between the Secretary and Burlington, the

9 Secretary may acquire mineral interests owned by

10 Burlington or an affiliate of Burlington underlying

11 surface lands owned by the United States located in

12 the areas depicted on the maps entitled ‘‘Severed Min13 erals Exchange, Clearwater-Monture Area’’, dated

14 September 1988, and ‘‘Severed Mineral Exchanges,

15 Gallatin Area’’, dated September 1988, or in frac16 tional sections adjacent to the areas depicted on the

17 maps.

18 (2) EXCHANGE.—In exchange for the mineral in19 terests conveyed to the Secretary pursuant to para20 graph (1), the Secretary of the Interior shall convey,

21 subject to valid existing rights, such federally owned

22 mineral interests as the Secretary and Burlington

23 may agree upon.

24 (c) EQUAL VALUE.—
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1 (1) IN GENERAL.—The value of the mineral in2 terests exchanged under subsection (b) shall be ap3 proximately equal in value based upon available in4 formation.

5 (2) APPRAISAL.—To ensure that the wilderness

6 or other natural values of the area are not affected by

7 the exchange, a formal appraisal based upon drilling

8 or other surface disturbing activities shall not be re9 quired for any mineral interest proposed for ex10 change, except that the Secretary and Burlington

11 shall fully share all available information on the

12 quality and quantity of mineral interests proposed for

13 exchange.

14 (3) INADEQUATE INFORMATION.—In the absence

15 of adequate information regarding values of minerals

16 proposed for exchange, the Secretary and Burlington

17 may agree to an exchange on the basis of mineral in18 terests of similar development potential, geologic char19 acter, and similar factors.

20 (d) IDENTIFICATION OF FEDERALLY OWNED MINERAL

21 INTERESTS.—

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

23 mineral interests conveyed by the United States pur24 suant to this section shall underlie lands the surface

25 of which are owned by Burlington.
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1 (2) OTHER INTERESTS.—If there are not suffi2 cient federally-owned mineral interests of approxi3 mately equal value underlying lands owned by Bur4 lington, the Secretary and the Secretary of the Inte5 rior may identify for exchange other federally owned

6 mineral interests in lands in the State of Montana of

7 which the surface estate is in private ownership.

8 (e) CONSULTATION WITH THE DEPARTMENT OF THE

9 INTERIOR.—

10 (1) IN GENERAL.—The Secretary shall consult

11 with the Secretary of the Interior in the negotiation

12 of the exchange agreement authorized by subsection

13 (b), particularly with respect to the inclusion in the

14 agreement of a provision authorizing the exchange of

15 federally-owned mineral interests lying outside the

16 boundaries of units of the National Forest System.

17 (2) CONVEYANCE.—Notwithstanding any other

18 law, the Secretary of the Interior shall convey the fed19 erally-owned mineral interests identified in a final

20 exchange agreement between the Secretary of Agri21 culture and Burlington and affiliates of Burlington.

22 (f) MINERAL INTEREST DEFINED.—For purposes of

23 this section, the term ‘‘mineral interests’’ includes all

24 locatable and leasable minerals, including oil and gas, geo25 thermal resources, and other subsurface rights.
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1 SEC. 8. GENERAL PROVISIONS.

2 (a) MAPS.—The maps referred to in sections 3, 4, 5,

3 6 and 7 are subject to such minor corrections as may be

4 agreed upon by the Secretary and the Company. The Sec5 retary shall notify the Committee on Energy and Natural

6 Resources of the United States Senate and the Committee

7 on Natural Resources of the United States House of Rep8 resentatives of any corrections made pursuant to the sub9 section. The maps shall be on file and available for public

10 inspection in the office of Chief, Forest Service, USDA.

11 (b) TITLE OF LANDS CONVEYED TO THE UNITED

12 STATES.—

13 (1) QUALITY OF TITLE AND RIGHTS.—Subject to

14 paragraph (2), the rights, title, and interests to lands

15 conveyed to the United States under sections 4, 5 and

16 6 shall, at a minimum, consist of the surface estate

17 and the subsurface rights owned by the Company or

18 Burlington where applicable.

19 (2) EXCEPTION.—The Secretary may accept title

20 subject to outstanding or reserved oil and gas and

21 geothermal rights, except that there shall be no surface

22 occupancy permitted on the lands acquired by the

23 United States under sections 4, 5, and 6 for access to

24 reserved or outstanding rights or exploration or devel25 opment of such lands.
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1 (3) ACCESS.—No portion of lands acquired by

2 the United States under this Act shall be available for

3 access to, or exploration or development of, any re4 served or outstanding oil, gas, geothermal, or other

5 non-Federal property interest.

6 (c) NATIONAL FOREST LANDS.—

7 (1) IN GENERAL.—All lands conveyed to the

8 United States under this Act shall be added to and

9 administered as part of the Gallatin National Forest

10 of the National Forest System by the Secretary in ac11 cordance with the laws and regulations pertaining to

12 the National Forest System.

13 (2) HYALITE-PORCUPINE-BUFFALO HORN WIL14 DERNESS STUDY AREA.—Lands acquired within the

15 Hyalite-Porcupine-Buffalo Horn Wilderness Study

16 Area shall be managed to maintain their presently

17 existing wilderness character and potential for inclu18 sion in the National Wilderness Preservation System

19 in accordance with the Montana Wilderness Study

20 Act of 1977 (16 U.S.C. 1132 note).

21 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

22 There are authorized to be appropriated such sums as

23 are necessary to carry out this Act.

Passed the House of Representatives May 20, 1993.

Attest: DONNALD K. ANDERSON,

Clerk.