103D CONGRESS

1ST SESSION H. R. 873

AMENDMENT
In the Senate of the United States,

August 4 (legislative day, June 30), 1993.

Resolved, That the bill from the House of Representatives (H.R. 873) entitled ‘‘An Act to provide for the consolidation and protection of the Gallatin Range’’, do pass with

the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

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

3 Consolidation and Protection Act of 1993’’.

4 SEC. 2. FINDINGS.

5 Congress finds that—

6 (1) the lands north of Yellowstone National Park

7 possess outstanding natural characteristics and wild8 life habitats that give the lands high value as lands

9 added to the National Forest System; and

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

11 the Secretary, acting through the Forest Service, to
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1 enter into an option agreement with Big Sky Lumber

2 Company and Louisiana Pacific Corporation to ful3 fill the purposes of this Act.

4 SEC. 3. BIG SKY LUMBER LAND EXCHANGE—GALLATIN

5 AREA.

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law, the Secretary of Agriculture (referred to in this

8 Act as the ‘‘Secretary’’, unless the context otherwise re9 quires) shall acquire by exchange certain lands and inter10 ests in lands of the Big Sky Lumber Company (referred

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

12 Hyalite-Porcupine-Buffalo Horn Wilderness Study Area,

13 the Scapegoat Wilderness Area, and other lands in the Gal14 latin National Forest in accordance with this section.

15 (b) DESCRIPTION OF LANDS.—

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

17 Company offers to the United States acceptable fee

18 title, including mineral interests, to approximately

19 37,752 acres of land owned by the Company and

20 available for exchange, as depicted on two maps enti21 tled ‘‘Proposed BSL Land Acquisitions’’, East Half

22 and West Half Gallatin National Forest, dated Feb23 ruary 1993 the Secretary shall accept a warranty

24 deed to the land.
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1 (2) EXCHANGE.—In exchange for the lands de2 scribed in paragraph (1) and subject to valid existing

3 rights, the Secretary of the Interior shall convey, by

4 patent, the fee title to approximately 16,278 acres of

5 National Forest System lands available for exchange

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

7 and the five maps entitled ‘‘H.R. 873, the Gallatin

8 Range Consolidation and Protection Act of 1993’’,

9 Lolo and Flathead National Forest, subject to—

10 (A) the reservation of ditches and canals re11 quired by the first section of the Act entitled ‘‘An

12 Act making appropriations for sundry civil ex13 penses of the Government for the fiscal year end14 ing June thirtieth, eighteen hundred and ninety15 one, and for other purposes’’, approved August

16 30, 1890 (26 Stat. 371, chapter 837; 43 U.S.C.

17 945);

18 (B) the reservation of rights under Federal

19 Oil and Gas Lease numbers 49739, 55610,

20 40389, 53670, 40215, 33385, 53736, and 38684;

21 and

22 (C) such other terms, conditions, reserva23 tions, and exceptions as may be agreed upon by

24 the Secretary and the Company.

25 (3) TERMINATION OF LEASES.—
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1 (A) VESTING OF RIGHTS AND INTERESTS.—

2 Upon termination or relinquishment of the leases

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

4 and interests in such leases reserved under para5 graph (2)(B) shall immediately vest in the Com6 pany and its successors and assigns.

7 (B) NOTICE.—The Secretary shall provide

8 notice of the termination or relinquishment of

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

10 document suitable for recording in the county in

11 which the leased lands are located.

12 (c) EASEMENTS.—

13 (1) IN GENERAL.—Reciprocal easements in ac14 cordance with this subsection shall be conveyed at the

15 time of the exchange authorized by this section.

16 (2) CONVEYANCE BY THE SECRETARY.—The Sec17 retary shall, in consideration of the easements con18 veyed by the Company under paragraph (3), and

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

20 257 (commonly known as the ‘‘National Forest Roads

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

22 Lands Policy and Management Act of 1976 (43

23 U.S.C. 1701 et seq.), execute and deliver to the Com24 pany such easements or other rights-of-way over feder-
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1 ally owned lands as may be agreed to by the Sec2 retary and the Company.

3 (3) CONVEYANCE BY THE COMPANY.—The Com4 pany shall, in consideration of the easements con5 veyed by the Secretary under paragraph (2), execute

6 and deliver to the United States such easements or

7 other rights-of-way across Company-owned lands in8 cluded in this exchange as may be agreed to by the

9 Secretary and the Company.

10 (d) NORTH BRIDGER RANGE.—

11 (1) COVENANTS AND OTHER RESTRICTIONS.—As

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

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

14 dated May 1993, the Company shall agree that—

15 (A) the holders, or their successors or as16 signs, of grazing leases on such lands on the date

17 of enactment of this Act shall be permitted to

18 continue to use such lands for grazing under

19 terms acceptable to the Company and the

20 permitees for so long as the Company owns such

21 lands and for two years after the Company has

22 sold or disposed of such lands; and

23 (B) the timber harvest practices used on

24 such lands shall be conducted in accordance with

25 Montana Forestry Best Management Practices,
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1 the Montana Streamside Zone Management Law

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

3 other applicable laws of the State of Montana.

4 (2) FUTURE ACQUISITION.—The Secretary shall

5 consider the desirability of possible acquisition,

6 through exchange under existing law, of any of the

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

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

9 report to the Committee on Energy and Natural Re10 sources of the Senate and the Committee on Natural

11 Resources of the House of Representatives concerning

12 the desirability of an exchange.

13 (e) TIMING OF TRANSACTION.—

14 (1) DETERMINATION.—The Secretary shall re15 view the title for the non-Federal lands described in

16 subsection (b), and the appraisal and titles for the

17 non-Federal lands described in sections 4 and 5, and,

18 within sixty days after receipt of all applicable ap19 praisal and title documents from the Company, deter20 mine whether—

21 (A) the applicable title standards for Fed22 eral land acquisition have been satisfied or the

23 quality of title is otherwise acceptable to the Sec24 retary;
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1 (B) all draft conveyances and closing docu2 ments have been received and approved;

3 (C) a current title commitment verifying

4 compliance with applicable title standards has

5 been issued to the Secretary;

6 (D) the appraisals comply with applicable

7 Forest Service standards; and

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

9 title includes both the surface and subsurface es10 tates without reservation or exception (except by

11 the United States or the State of Montana, by

12 patent), including

13 (i) minerals or mineral rights;

14 (ii) timber or timber rights; and

15 (iii) any other interest in the property.

16 (2) CONVEYANCE OF TITLE.—In the event the ap17 praisal and/or quality of title do not meet Federal

18 standards or are otherwise determined unacceptable to

19 the Secretary, the Secretary shall advise the Company

20 regarding corrective actions necessary to make an af21 firmative determination under paragraph (1). The

22 Secretary, acting through the Chief of the Forest Serv23 ice, shall effect the conveyance of lands described in

24 subsection (b)(2) not later than sixty days after the
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1 Secretary has made an affirmative determination

2 under paragraph (1).

3 (f) COMPLIANCE WITH OPTION.—Notwithstanding sec4 tion (3)(e)(2), the Secretary shall not consummate the con5 veyance of lands described in subsection (b)(2) until the Sec6 retary has determined that title to the lands described in

7 sections 4 and 5 have been escrowed as required by the docu8 ment entitled ‘‘Option Agreement for the Exchange and/or

9 Purchase of Real Property Pursuant to the Gallatin Range

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

11 this Act as ‘‘the Option’’), executed by the Company, as

12 seller.

13 (g) REFERENCES.—References in this Act to the Com14 pany shall include references to the successors and assigns

15 of the Company.

16 SEC. 4. LAND CONSOLIDATION—PORCUPINE AREA.

17 (a) ACQUISITION OF PORCUPINE PROPERTY.—The

18 Secretary is authorized and directed to acquire, by purchase

19 or exchange, lands and interests in lands listed as ‘‘Exhibit

20 A, Porcupine Area’’, in the Option, in accordance with the

21 terms and conditions of the Option for the fair market value

22 of such lands and interests, determined at the time of acqui23 sition, in accordance with the appraisal standards specified

24 in the Option.
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1 (b) REPORTS TO CONGRESS.—The Secretary shall re2 port annually to the Committee on Energy and Natural

3 Resources of the Senate and the Committee on Natural Re4 sources of the House of Representatives, on the status of the

5 acquisition authorized by this section.

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

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

8 Secretary is authorized and directed to acquire, by purchase

9 or exchange, lands and interests in lands as listed as ‘‘Ex10 hibit A, Taylor Fork Area’’, in the Option, in accordance

11 with the terms and conditions of the Option for the fair

12 market value of such lands and interests, determined at the

13 time of acquisition, in accordance with the appraisal stand14 ards specified in the Option.

15 (b) REPORTS TO CONGRESS.—The Secretary shall re16 port annually to the Committee on Energy and Natural

17 Resources of the Senate and the Committee on Natural Re18 sources of the House of Representatives, on the status of the

19 pending acquisition authorized by this section.

20 SEC. 6. LAND CONSOLIDATION—GALLATIN ROADED AREA.

21 (a) ACQUISITION OF GALLATIN ROADED PROPERTY.—

22 The Secretary is authorized and directed to acquire, by pur23 chase or exchange, lands and interests in lands as listed

24 as ‘‘Exhibit A, Gallatin Roaded’’, in the Option, in accord25 ance with the terms and conditions of the Option not other-
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1 wise acquired, purchased, or exchanged under section 3, 4,

2 or 5.

3 (b) REPORTS TO CONGRESS.—The Secretary shall re4 port annually to the Committee on Energy and Natural

5 Resources of the Senate and the Committee on Natural Re6 sources of the House of Representatives, on the status of the

7 acquisition authorized by this section.

8 SEC. 7. SEVERED MINERAL EXCHANGE.

9 (a) FINDINGS.—Congress finds that—

10 (1) underlying certain areas in Montana de11 scribed in subsection (b) are mineral rights owned by

12 subsidiaries of Burlington Resources, Incorporated

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

14 as ‘‘Burlington’’);

15 (2) there are federally owned minerals underly16 ing lands of Burlington lying outside those areas;

17 (3) Burlington has agreed in principle with the

18 Secretary to an exchange of mineral rights to consoli19 date surface and subsurface ownerships and to avoid

20 potential conflicts with the surface management of the

21 areas; and

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

23 completed not later than two years after the date of

24 enactment of this Act.

25 (b) MINERAL INTERESTS.—
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1 (1) ACQUISITION.—Pursuant to an exchange

2 agreement between the Secretary and Burlington, the

3 Secretary may acquire mineral interests owned by

4 Burlington or an affiliate of Burlington underlying

5 surface lands owned by the United States located in

6 the areas depicted on the maps entitled ‘‘Severed Min7 erals Exchange, Clearwater-Monture Area’’, dated

8 September 1988, and ‘‘Severed Mineral Exchanges,

9 Gallatin Area’’, dated September 1988, or in frac10 tional sections adjacent to the areas depicted on the

11 maps.

12 (2) EXCHANGE.—In exchange for the mineral in13 terests conveyed to the Secretary pursuant to para14 graph (1), the Secretary of the Interior shall convey,

15 subject to valid existing rights, such federally owned

16 mineral interests as the Secretary and Burlington

17 may agree upon.

18 (c) EQUAL VALUE.—

19 (1) IN GENERAL.—The value of the mineral in20 terests exchanged under subsection (b) shall be ap21 proximately equal in value based upon available in22 formation.

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

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

25 the exchange, a formal appraisal based upon drilling
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1 or other surface disturbing activities shall not be re2 quired for any mineral interest proposed for ex3 change, except that the Secretary and Burlington

4 shall fully share all available information on the

5 quality and quantity of mineral interests proposed for

6 exchange.

7 (3) INADEQUATE INFORMATION.—In the absence

8 of adequate information regarding values of minerals

9 proposed for exchange, the Secretary and Burlington

10 may agree to an exchange on the basis of mineral in11 terests of similar development potential, geologic char12 acter, and similar factors.

13 (d) IDENTIFICATION OF FEDERALLY OWNED MINERAL

14 INTERESTS.—

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

16 mineral interests conveyed by the United States pur17 suant to this section shall underlie lands the surface

18 of which are owned by Burlington.

19 (2) OTHER INTERESTS.—If there are not suffi20 cient federally owned mineral interests of approxi21 mately equal value underlying lands owned by Bur22 lington, the Secretary and the Secretary of the Inte23 rior may identify for exchange other federally owned

24 mineral interests in lands in the State of Montana of

25 which the surface estate is in private ownership.
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1 (e) CONSULTATION WITH THE DEPARTMENT OF THE

2 INTERIOR.—

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

4 with the Secretary of the Interior in the negotiation

5 of the exchange agreement authorized by subsection

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

7 agreement of a provision authorizing the exchange of

8 federally owned mineral interests lying outside the

9 boundaries of units of the National Forest System.

10 (2) CONVEYANCE.—Notwithstanding any other

11 law, the Secretary of the Interior shall convey the fed12 erally owned mineral interests identified in a final

13 exchange agreement between the Secretary of Agri14 culture and Burlington and affiliates of Burlington.

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

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

17 locatable and leasable minerals, including oil and gas, geo18 thermal resources, and other subsurface rights.

19 SEC. 8. GENERAL PROVISIONS.

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

21 6 and 7 are subject to such minor corrections as may be

22 agreed upon by the Secretary and the Company. The Sec23 retary shall notify the Committee on Energy and Natural

24 Resources of the United States Senate and the Committee

25 on Natural Resources of the United States House of Rep-
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1 resentatives of any corrections made pursuant to the sub2 section. The maps shall be on file and available for public

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

4 (b) TITLE OF LANDS CONVEYED TO THE UNITED

5 STATES.—

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

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

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

9 6 shall, at a minimum, consist of the surface estate

10 and the subsurface rights owned by the Company or

11 Burlington where applicable.

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

13 subject to outstanding or reserved oil and gas and

14 geothermal rights, except that there shall be no surface

15 occupancy permitted on the lands acquired by the

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

17 reserved or outstanding rights or exploration or devel18 opment of such lands.

19 (3) ACCESS.—No portion of lands acquired by

20 the United States under this Act shall be available for

21 access to, or exploration or development of, any re22 served or outstanding oil, gas, geothermal, or other

23 non-Federal property interest.

24 (c) NATIONAL FOREST LANDS.—
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1 (1) IN GENERAL.—All lands conveyed to the

2 United States under this Act shall be added to and

3 administered as part of the Gallatin National Forest

4 of the National Forest System by the Secretary in ac5 cordance with the laws and regulations pertaining to

6 the National Forest System.

7 (2) HYALITE-PORCUPINE-BUFFALO HORN WIL8 DERNESS STUDY AREA.—Lands acquired within the

9 Hyalite-Porcupine-Buffalo Horn Wilderness Study

10 Area shall be managed to maintain their presently

11 existing wilderness character and potential for inclu12 sion in the National Wilderness Preservation System

13 in accordance with the Montana Wilderness Study

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

15 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

16 There are authorized to be appropriated such sums as

17 are necessary to carry out this Act.

Attest:

Secretary.
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