IIA

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.

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’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that:

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

9 Government since 1925 to consolidate the checker10 board lands along the Gallatin Range north of Yel11 lowstone National Park.
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1 (2) These lands north of Yellowstone possess

2 outstanding natural characteristics and wildlife habi3 tat which give them high value as lands added to the

4 National Forest System.

5 (3) Although these lands have historically re6 mained pristine up to now, failure to consolidate at

7 this time will in the near future lead to fragmenta8 tion and development.

9 (4) The Federal Government has already in10 vested a great deal in keeping the lands along the

11 Gallatin Range protected from excess development.

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

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

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

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

16 and notwithstanding any other provision of law, acquire

17 by exchange and cash equalization in the amount of

18 $3,400,000, certain lands and interests in land of the

19 Plum Creek Timber, L.P. (hereinafter in this section re20 ferred to as the ‘‘company’’), in and adjacent to the

21 Hyalite-Porcupine-Buffalo Horn Wilderness Study Area,

22 the Scapegoat Wilderness Area, and other land in the Gal23 latin National Forest in accordance with this section.

24 (b) DESCRIPTION OF LANDS.—(1) If the company of25 fers to the United States the fee title, including mineral
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interests, to approximately 37,752 and 15 1 ⁄100 acres of land

2 owned by the company which is available for exchange to

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

4 Creek Timber and Forest Service Proposed Gallatin Land

5 Exchange’’, dated May 20, 1988, the Secretary shall ac6 cept a warranty deed to such land and, in exchange there7 for, and subject to valid existing rights, upon such accept8 ance the Secretary of the Interior shall convey, subject to

9 valid existing rights, by patent the fee title to approximately 12,414 and 6 10 ⁄100 acres of National Forest System

11 lands available for exchange to the company as depicted

12 on such map, subject to—

13 (A) the reservation of ditches and canals re14 quired by the Act entitled ‘‘An Act making appro15 priations for sundry civil expenses of the Govern16 ment for the fiscal year ending June thirtieth, eight17 een hundred and ninety-one, and for other pur18 poses’’, approved August 30, 1890 (26 Stat. 391; 43

19 U.S.C. 945);

20 (B) the reservation of rights under Federal Oil

21 and Gas Lease numbers 49739, 55610, 40389,

22 53670, 40215, 33385, 53736, and 38684; and

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

24 and exceptions as may be agreed upon by the Sec25 retary and the company.
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1 (2) On termination or relinquishment of the leases

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

3 in land granted therein shall immediately vest in the com4 pany, its successors and assigns, and the Secretary shall

5 give notice of that event by a document suitable for record6 ing in the county wherein the leased lands are situated.

7 (c) EASEMENTS.—Reciprocal easements shall be ex8 changed at closing on the conveyances authorized by this

9 section—

10 (1) in consideration of the easements conveyed

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

12 subsection, the Secretary shall, under authority of

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

14 commonly referred to as the ‘‘National Forest Roads

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

16 Management Act of 1976, execute and deliver to the

17 company such easements or other rights-of-way au18 thorizations over federally owned lands included in

19 this exchange as may be agreed to by the Secretary

20 and the company in an exchange agreement; and

21 (2) in consideration of the easements conveyed

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

23 the company shall execute and deliver to the United

24 States such easements or other rights-of-way author25 izations across company-owned lands included in this
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1 exchange as may be agreed to by the Secretary and

2 the company in an exchange agreement.

3 (d) TIMING OF TRANSACTION.—Subject to the provi4 sions of sections 4(a) and 5(a) of this Act, it is the intent

5 of Congress that the conveyances authorized by this sec6 tion be completed within 90 days after the date of enact7 ment of an Act making the appropriation authorized by

8 subsection (e).

9 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

10 authorized to be appropriated to carry out this section the

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

12 when appropriated, pay to the company to equalize the

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

14 (f) QUALITY OF TITLE.—Title to the properties ref15 erenced in this section to be offered to the United States

16 by Big Sky Lumber Company, its assignees or successors

17 in interest, shall include both the entire surface and sub18 surface estates without reservation or exception. The

19 owner shall be required to acquire any outstanding inter20 est in mineral or mineral rights, timber or timber rights,

21 water or water rights, or any other outstanding interest

22 in the property, except reservations by the United States

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

24 title to the property is transferred as described in this sec25 tion and sections 4, 5, and 6. Title to land to be conveyed
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1 to the United States shall be acceptable to the Secretary

2 and shall otherwise be in conformity with title standards

3 for Federal land acquisitions.

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

5 this section referring to Plum Creek Timber Company,

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

7 SEC. 4. LAND CONSOLIDATION; PORCUPINE AREA.

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

9 3 of this Act shall not be consummated by the Secretary

10 until the Secretary or a not-for-profit corporation (herein11 after in this section referred to as the ‘‘conservation en12 tity’’) exempt from Federal taxation under section

13 501(c)(3) of the Internal Revenue Code of 1986 acting

14 for later dispositions to the United States, shall have ac15 quired, by purchase or option to acquire, or exchange, all

16 of the Porcupine property for its fair market value, deter17 mined at the time of acquisition in accordance with ap18 praisal standards acceptable to the Secretary by an ap19 praiser acceptable to the Secretary and the owner. And

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

21 been consummated by a conservation entity, said entity

22 shall have notified the Secretary that the quality of title

23 in fact secured meets applicable Forest Service standards

24 with respect to surface and subsurface estates or is other25 wise acceptable to the Secretary.
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1 (b) AUTHORIZATION OF ACQUISITION.—The Sec2 retary is authorized and directed to acquire by purchase

3 or exchange the lands and interests therein as depicted

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

5 1992.

6 (c) LAND ACQUISITION AUTHORITIES.—Acquisitions

7 pursuant to this section shall be under existing authorities

8 available to the Secretary.

9 (d) AUTHORIZATION OF APPROPRIATIONS.—There

10 are authorized to be appropriated such sums as are nec11 essary to carry out the purposes of this section. Funds

12 necessary for land acquisition are authorized to be appro13 priated from the Land and Water Conservation Fund.

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

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

16 Lumber Company, and its successors and assigns.

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

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

19 3 of this Act shall not be consummated by the Secretary

20 until the Secretary or a not-for-profit corporation (herein21 after in this section referred to as the ‘‘conservation en22 tity’’) exempt from Federal taxation under section

23 501(c)(3) of the Internal Revenue Code of 1986 acting

24 for later disposition to the United States, shall have ac25 quired, by purchase or option to acquire, or exchange, all
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1 of the Taylor Fork property for its fair market value, de2 termined at the time of acquisition in accordance with ap3 praisal standards acceptable to the Secretary by an ap4 praiser acceptable to the Secretary and the owner. And

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

6 been consummated by a conservation entity, said entity

7 shall have notified the Secretary that the quality of title

8 in fact secured meets applicable Forest Service standards

9 with respect to surface and subsurface estates or is other10 wise acceptable to the Secretary.

11 (b) AUTHORIZATION FOR ACQUISITION.—The Sec12 retary is authorized and directed to acquire by purchase

13 or exchange the lands and interests therein as depicted

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

15 1992.

16 (c) LAND ACQUISITION AUTHORITIES.—Acquisition

17 pursuant to this section shall be under existing authorities

18 available to the Secretary, except that notwithstanding

19 any other provision of law, exchanges authorized in this

20 section shall not be restricted within the same State.

21 (d) AUTHORIZATION OF APPROPRIATIONS.—There

22 are authorized to be appropriated such sums as are nec23 essary to carry out the purposes of this section. Funds

24 necessary for land acquisition are authorized to be appro25 priated from the Land and Water Conservation Fund.
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1 (e) REFERENCES.—The reference and authorities of

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

3 Lumber Company, and its successors and assigns.

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

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

6 report annually to the Committee on Natural Resources

7 of the House of Representatives and the Committee on

8 Energy and Natural Resources of the Senate, on the sta9 tus of the negotiations with the company or its successors

10 in interest to effect the land consolidation authorized by

11 this section.

12 SEC. 6. LAND CONSOLIDATION—GALLATIN AREA.

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

14 that the Secretary shall attempt to acquire by purchase

15 or exchange all lands within what is generally known as

16 the Gallatin Range owned by Big Sky Lumber Company,

17 its assignees or successors in interest, not otherwise ac18 quired, purchased, or exchanged pursuant to sections 3

19 and 4 of this Act.

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 ‘‘Gallatin Area’’, dated September 1992.

24 (c) LAND ACQUISITION AUTHORITIES.—Acquisitions

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

2 any other law, exchanges authorized in this section shall

3 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) QUALITY OF TITLE.—The quality of title to the

10 properties references in this section in fact secured shall

11 meet applicable Forest Service standards with respect to

12 surface and subsurface estates or shall otherwise be ac13 ceptable to the Forest Service.

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

15 this section referring to the Big Sky Lumber Company,

16 shall also refer to its successors and assigns.

17 (g) REPORTS TO CONGRESS.—For a period of 3 years

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

19 report annually to the Committee on Natural Resources

20 of the House of Representatives and the Committee on

21 Energy and Natural Resources of the Senate on the status

22 of the negotiations with the company or its successors in

23 interest to effect the land consolidation authorized by this

24 section.
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1 SEC. 7. SEVERED MINERALS EXCHANGE.

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

3 (1) underlying certain areas in Montana de4 scribed in subsection (b) are mineral rights owned

5 by subsidiaries of Burlington Resources, Incor6 porated, its successors and assigns (referred to in

7 this section as the ‘‘company’’);

8 (2) there are federally-owned minerals underly9 ing lands of the company lying outside those areas;

10 (3) the company has agreed in principle with

11 the Department of Agriculture to an exchange of

12 mineral rights to consolidate surface and subsurface

13 ownerships and to avoid potential conflicts with the

14 surface management of such areas; and

15 (4) it is desirable that an exchange be com16 pleted within 2 years after the date of enactment of

17 this Act.

18 (b) DESCRIPTION OF MINERAL INTERESTS.—(1)

19 Pursuant to an exchange agreement between the Secretary

20 and the company, the Secretary may acquire mineral in21 terests owned by the company or an affiliate of the com22 pany thereof underlying surface lands owned by the Unit23 ed States located in the areas depicted on the maps enti24 tled ‘‘Severed Minerals Exchange, Clearwater-Monture

25 Area’’, dated September 1988 and ‘‘Severed Minerals Ex-
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1 changes, Gallatin Area’’, dated September 1988, or in

2 fractional sections adjacent to those areas.

3 (2) In exchange for the minerals interests conveyed

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

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

6 such federally owned mineral interests as the Secretary

7 and the company may agree upon.

8 (c) EQUAL VALUE.—(1) The value of mineral inter9 ests exchanged pursuant to this section shall be approxi10 mately equal based on available information.

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

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

13 based upon drilling or other surface disturbing activities

14 shall not be required for any mineral interest proposed for

15 exchange, but the Secretary and the company shall fully

16 share all available information on the quality and quantity

17 of mineral interests proposed for exchange.

18 (3) In the absence of adequate information regarding

19 values of minerals proposed for exchange, the Secretary

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

21 of mineral interests of similar development potential, geo22 logic character, and similar factors.

23 (d) IDENTIFICATION OF FEDERALLY OWNED MIN24 ERAL INTERESTS.—(1) Subject to paragraph (2), mineral

25 interests conveyed by the United States pursuant to this
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1 section shall underlie lands the surface of which are owned

2 by the company.

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

4 interests of approximately equal value underlying lands,

5 the Secretary and the Secretary of the Interior may iden6 tify for exchange any other federally owned mineral inter7 est in land in the State of Montana of which the surface

8 estate is in private ownership.

9 (e) CONSULTATION WITH THE DEPARTMENT OF THE

10 INTERIOR.—(1) The Secretary shall consult with the Sec11 retary of the Interior in the negotiation of the exchange

12 agreement authorized by subsection (b), particularly with

13 respect to the inclusion in such an agreement of a provi14 sion calling for the exchange of federally owned mineral

15 interests lying outside the boundaries of units of the Na16 tional Forest System.

17 (2) Notwithstanding any other law, the Secretary of

18 the Interior shall convey the federally owned mineral inter19 ests identified in a final exchange agreement between the

20 Secretary of Agriculture and the company and its affili21 ates.

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

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

24 leasable minerals, including oil and gas, geothermal re25 sources, and all other subsurface rights.
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1 SEC. 8. GENERAL PROVISIONS.

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

3 5, 6 and 7 are subject to such minor corrections as may

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

5 Secretary shall notify the Committee on Energy and Natu6 ral Resources of the United States Senate and the Com7 mittee on Natural Resources of the United States House

8 of Representatives of any corrections made pursuant to

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

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

11 United States Department of Agriculture.

12 (b) TITLE OF LANDS CONVEYED TO THE UNITED

13 STATES.—The rights, title and interests to any lands con14 veyed to the United States in furtherance of section 4 in

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

16 and section 6 in the Gallatin Area shall, at a minimum,

17 consist of the surface estate and all the subsurface rights

18 except that the Secretary may accept title subject to out19 standing or reserved oil and gas and geothermal rights,

20 except that there shall be no surface occupancy permitted

21 on such Federal lands for any access to reserved or out22 standing rights or any exploration or development thereof.

23 Notwithstanding any provision of State law, section

24 1323(a) of the Alaska National Interest Lands Conserva25 tion Act (16 U.S.C. 3210(a)), or similar law pertaining

26 to access over federally owned land, no portion of lands
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1 acquired by the United States in furtherance of this Act

2 shall be available for access to, or exploration or develop3 ment of, any reserved or outstanding oil, gas, geothermal

4 or other non-Federal property interest.

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

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

7 added to and administered as part of the National Forest

8 System lands by the Secretary in accordance with the laws

9 and regulations pertaining to the National Forest System.

10 Until Congress determines otherwise, lands acquired with11 in the Hyalite-Porcupine-Buffalo Horn Wilderness Study

12 Area shall be managed so as to maintain the present wil13 derness character and potential for inclusion in the Na14 tional Wilderness Preservation System in accordance with

15 Public Law 95–150. Other lands acquired shall be subject

16 to the Gallatin National Forest planning process under the

17 Forest and Rangeland Renewable Resources Planning Act

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

Passed the House of Representatives May 20, 1993.

Attest: DONNALD K. ANDERSON,

Clerk.

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