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103D CONGRESS

1ST SESSION H. R. 873

Entitled the ‘‘Gallatin Range Consolidation and Protection Act of 1993’’.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 4, 1993

Mr. WILLIAMS introduced the following bill; which was referred to the

Committee on Natural Resources

A BILL

Entitled the ‘‘Gallatin Range Consolidation and Protection

Act of 1993’’.

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 referred to as the ‘‘Gallatin Range

5 Consolidation 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 remained pristine

6 up till now failure to consolidate at this time will in

7 the near future lead to fragmentation and develop8 ment.

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 shall, subject to the

14 provisions of section 4(b) and section 5(b) and, notwith15 standing any other law, acquire by exchange and cash

16 equalization in the amount of $3,400,000, certain lands

17 and interests in land of the Plum Creek Timber, L.P. (re18 ferred to in this section as the ‘‘company’’) in and adja19 cent to the Hyalite-Porcupine-Buffalo Horn Wilderness

20 Study Area, the Scapegoat Wilderness Area, and other

21 land in the Gallatin National Forest in accordance with

22 this section.

23 (b)(1) DESCRIPTION OF LANDS.—If the company of24 fers to the United States the fee title, including mineral

interests, to approximately 37,752 and 15 25 ⁄100 acres of land
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1 owned by the company which is available for exchange to

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

3 Creek Timber and Forest Service Proposed Gallatin Land

4 Exchange’’, dated May 20, 1988, the Secretary shall ac5 cept a warranty deed to such land and, in exchange there6 for, and subject to valid existing rights, recommend that

7 the Secretary of the Interior convey, subject to valid exist8 ing rights, by patent the fee title to approximately 12,414

and 6 9 ⁄100 acres of National Forest System lands available

10 for exchange to the company as depicted on such map,

11 subject to—

12 (A) the reservation of ditches and canals re13 quired by the Act entitled ‘‘An Act making appro14 priations for sundry civil expenses of the Govern15 ment for the fiscal year ending June thirtieth, eight16 een hundred and ninety-one, and for other pur17 poses’’, approved August 30, 1890 (26 Stat. 391; 43

18 U.S.C. 945);

19 (B) the reservation of rights under Federal Oil

20 and Gas Lease numbers 49739, 55610, 40389,

21 53670, 40215, 33385, 53736, and 38684; and

22 (C) such other terms, conditions, reservations

23 and exceptions as may be agreed upon by the Sec24 retary of Agriculture 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.—At closing on the conveyances au8 thorized by this section—

9 (1) in consideration of the easements conveyed

10 by the company as provided in paragraph 2 of this

11 subsection, the Secretary of Agriculture shall, under

12 authority of the National Forest Roads and Trails

13 Act of October 13, 1964, or the Federal Land Policy

14 and Management Act of 1976, execute and deliver to

15 the company such easements and authorizations over

16 federally owned lands included in this exchange as

17 may be agreed to by the Secretary and the company

18 in the exchange agreement.

19 (2) In consideration of the easements conveyed

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

21 the company shall execute and deliver to the United

22 States such easements and authorizations across

23 company-owned lands included in this exchange as

24 may be agreed to by the Secretary and the company

25 in the exchange agreement.
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1 (d) MAPS.—The maps referred to in subsection (b)

2 are subject to such minor corrections as may be agreed

3 upon by the Secretary and the company. The Secretary

4 shall notify the Committee on Energy and Natural Re5 sources of the United States Senate and the Committee

6 on Interior and Insular Affairs to the United States House

7 of Representatives of any corrections made pursuant to

8 the subsection.

9 (e) TIMING OF TRANSACTION.—It is the intent of

10 Congress that the conveyances authorized by this section

11 be completed within ninety days after the date of enact12 ment of an Act making the appropriation authorized by

13 subsection (g).

14 (f) FOREST LANDS.—All lands conveyed to the Unit15 ed States pursuant to this section shall become national

16 forest system lands to be administered by the Secretary

17 in accordance with applicable law.

18 (g) AUTHORIZATION OF APPROPRIATIONS.—There is

19 authorized to be appropriated to carry out this section the

20 sum $3,400,000, which amount the Secretary shall, when

21 appropriated, pay to the company to equalize the value

22 of the exchange of land authorized by this section.

23 (h) QUALITY OF TITLE.—Title to the properties ref24 erenced in this section to be offered to the United States

25 by Big Sky Lumber Company, its assignees or successors
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1 in interest, shall be inclusive of the entire surface and sub2 surface estates without reservation or exception. The

3 owner shall be required to reacquire any outstanding inter4 est in mineral or mineral rights, timber or timber rights,

5 water or water rights, or any other outstanding interest

6 in the property, except reservations by the United States

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

8 title to the property is transferred as described in this sec9 tion and sections 4, 5, and 6. The agreement shall clearly

10 evidence that the owners have the legal capacity to accom11 plish the foregoing requirements. Title standards for ac12 quisition shall otherwise be in compliance with Forest

13 Service policies and procedures.

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

15 this section referring to Plum Creek Timber Company,

16 L.P., shall also refer to its successors.

17 SEC. 4. LAND CONSOLIDATION; PORCUPINE AREA.

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

19 14 of this Act shall not be consummated by the Secretary

20 until the conditions of this section are met.

21 (b) CONDITIONS.—The Secretary or a qualified sec22 tion 501(c)(3) conservation entity, acting on its behalf for

23 later disposition to the United States, shall have acquired,

24 by purchase or option to acquire, or exchange, all of the

25 Porcupine property for its fair market value, determined
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1 at the time of acquisition in accordance with appraisal

2 standards acceptable to the Secretary by an appraiser ac3 ceptable to the Secretary and the owner. Any appraisal

4 for exchange purposes shall be conducted by the same par5 ties, utilizing the same standards noted above; ‘‘And fur6 ther that, if said acquisition or option to acquire has been

7 consummated by a qualified section 501(c)(3) conserva8 tion entity, said entity shall have notified the Secretary

9 that the quality of title in fact secured meets applicable

10 Forest Service standards with respect to surface and sub11 surface estates or is otherwise acceptable to the Forest

12 Service’’.

13 (c) DESCRIPTION OF LANDS.—The Secretary is au14 thorized and directed to acquire by purchase or exchange

15 the lands and interests therein as depicted on a map enti16 tled ‘‘Porcupine Area’’, dated September, 1992.

17 (d) LAND ACQUISITION AUTHORITIES.—Acquisitions

18 pursuant to this section shall be under existing authorities

19 available to the Secretary.

20 (e) AUTHORIZATION OF APPROPRIATIONS.—There

21 are authorized to be appropriated such sums as are nec22 essary to carry out the purposes of this section. Funds

23 necessary for land acquisition are authorized to be appro24 priated from the Land and Water Conservation Fund.
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1 (f) AUTHORIZATION OF EXCHANGE.—The Secretary

2 is authorized to offer the lands and interests described on

3 a map entitled ‘‘Porcupine Exchange Lands’’, dated Sep4 tember, 1992, to Big Sky Lumber Company, its assignee

5 or successors in interest to fulfill the purposes of this sec6 tion: Provided, That the lands shall not transfer to the

7 company until the provisions of this section and section

8 16 are met.

9 (g) EQUAL VALUE.—Any exchange of lands between

10 Big Sky Lumber Company and the United States shall

11 be for equal value.

12 (h) REFERENCES.—The reference and authorities of

13 this section referring to the Big Sky Lumber Company,

14 shall also refer to its successors.

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

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

17 14 of this Act shall not be consummated by the Secretary

18 until the conditions of this section are met.

19 (b) CONDITIONS.—The Secretary or a qualified sec20 tion 501(c)(3) conservation entity, acting on its behalf for

21 later disposition to the United States, shall have acquired,

22 by purchase or option to acquire, or exchange, all of the

23 Taylor Fork property for its fair market value, determined

24 at the time of acquisition in accordance with appraisal

25 standards acceptable to the Secretary by an appraiser ac-
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1 ceptable to the Secretary and the owner. Any appraisal

2 for exchange purposes shall be conducted by the same par3 ties, utilizing the same standards noted above; and further

4 that, if said acquisition or option to acquire has been con5 summated by a qualified section 501(c)(3) conservation

6 entity, said entity shall have notified the Secretary that

7 the quality of title in fact secured meets applicable Forest

8 Service standards with respect to surface and subsurface

9 estates or is otherwise acceptable to the Forest Service.

10 (c) DIRECTION.—The Secretary is directed to provide

11 Congress, within two years, recommendations designed to

12 acquire by purchase or exchange Taylor Fork Area lands

13 owned by Big Sky Timber Company: Provided, That such

14 recommendations are agreed to by Big Sky Lumber Com15 pany: Provided further, That nothing in this section limits

16 the Secretary’s authority to acquire or purchase said

17 lands.

18 (d) DESCRIPTION OF LANDS.—The Secretary is au19 thorized and directed to acquire by purchase or exchange

20 the lands and interests therein as depicted on a map enti21 tled ‘‘Taylor Fork Area’’, dated September, 1992.

22 (e) LAND ACQUISITION AUTHORITIES.—Acquisition

23 pursuant to this section shall be under existing authorities

24 available to the Secretary: Provided, That notwithstanding
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1 any other law, exchanges authorized in this section shall

2 not be restricted within the same State.

3 (f) AUTHORIZATION OF APPROPRIATIONS.—There

4 are authorized to be appropriated such sums as are nec5 essary to carry out the purposes of this section. Funds

6 necessary for land acquisition are authorized to be appro7 priated from the Land and Water Conservation Fund.

8 (g) EQUAL VALUE.—Any exchange of lands between

9 Big Sky Lumber Company and the United States shall

10 be for equal value.

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

12 this section referring to the Big Sky Lumber Company,

13 shall also refer to its successors.

14 (i) REPORTS TO CONGRESS.—For a period of two

15 years from the date of enactment of this Act, the Sec16 retary shall report annually to the Committee on Interior

17 and Insular Affairs of the House of Representatives and

18 the Committee on Energy and Natural Resources of the

19 Senate, on the status of the negotiations with the company

20 or its successors in interest to effect the land consolidation

21 authorized by this section.

22 SEC. 6. LAND CONSOLIDATION—GALLATIN AREA.

23 (a) IN GENERAL.—The Secretary shall work dili24 gently to assure all lands within what is generally known

25 as the Gallatin Range owned by Big Sky Lumber Com-
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1 pany, its assignee or successors in interest, not acquired,

2 purchased or exchanged pursuant to sections 14 and 15

3 of this Act are acquired by the United States through ex4 change or purchase.

5 (b) DIRECTION.—The Secretary is directed to provide

6 Congress, within three years, recommendations designed

7 to acquire by purchase or exchange Gallatin Area lands

8 owned by Big Sky Timber Company: Provided, That such

9 recommendations are agreed to by Big Sky Lumber Com10 pany: Provided further, That nothing in this section limits

11 the Secretary’s authority to acquire or purchase said

12 lands.

13 (c) DESCRIPTION OF LANDS.—The Secretary is au14 thorized and directed to acquire by purchase or exchange

15 the lands and interests therein as depicted on a map enti16 tled ‘‘Gallatin Area’’, dated September, 1992.

17 (d) LAND ACQUISITION AUTHORITIES.—Acquisitions

18 pursuant to this section shall be under existing authorities

19 available to the Secretary: Provided, That notwithstanding

20 any other law, exchanges authorized in this section shall

21 not be restricted within the same State.

22 (e) AUTHORIZATION OF APPROPRIATIONS.—There

23 are authorized to be appropriated such sums as are nec24 essary to carry out the purposes of this section. Funds
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1 necessary for land acquisition are authorized to be appro2 priated from the Land and Water Conservation Fund.

3 (f) EQUAL VALUE.—Any exchange of lands between

4 Big Sky Lumber Company and the United States shall

5 be for equal value.

6 (g) QUALITY OF TITLE.—The quality of title to the

7 properties referenced in this section in fact secured shall

8 meet applicable Forest Service standards with respect to

9 surface and subsurface estates or shall otherwise be ac10 ceptable to the Forest Service.

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

12 this section referring to the Big Sky Lumber Company,

13 shall also refer to its successors.

14 (i) REPORTS TO CONGRESS.—For a period of three

15 years from the date of enactment of this Act, the Sec16 retary shall report annually to the Committee on Interior

17 and Insular Affairs of the House of Representatives and

18 the Committee on Energy and Natural Resources of the

19 Senate, on the status of the negotiations with the company

20 or its successors in interest to effect the land consolidation

21 authorized by this section.

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