H. R. 873

One Hundred Third Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the fifth day of January, one thousand nine hundred and ninety-three

An Act

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

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be referred to as the ‘‘Gallatin Range Consolidation and Protection Act of 1993’’.

SEC. 2. FINDINGS.

Congress finds that—

(1) the lands north of Yellowstone National Park possess

outstanding natural characteristics and wildlife habitats that

give the lands high value as lands added to the National

Forest System; and

(2) it is in the interest of the United States for the Secretary, acting through the Forest Service, to enter into an

option agreement with Big Sky Lumber Company and Louisiana Pacific Corporation to fulfill the purposes of this Act.

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

(a) IN GENERAL.—Notwithstanding any other provision of law,

the Secretary of Agriculture (referred to in this Act as the ‘‘Secretary’’, unless the context otherwise requires) shall acquire by

exchange certain lands and interests in lands of the Big Sky Lumber

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

to the Hyalite-Porcupine-Buffalo Horn Wilderness Study Area, the

Scapegoat Wilderness Area, and other lands in the Gallatin

National Forest in accordance with this section.

(b) DESCRIPTION OF LANDS.— (1) OFFER AND ACCEPTANCE OF LAND.—If the Company

offers to the United States acceptable fee title, including mineral interests, to approximately 37,752 acres of land owned

by the Company and available for exchange, as depicted on

two maps entitled ‘‘Proposed BSL Land Acquisitions’’, East

Half and West Half Gallatin National Forest, dated February

1993 the Secretary shall accept a warranty deed to the land.

(2) EXCHANGE.—In exchange for the lands described in paragraph (1) and subject to valid existing rights, the Secretary

of the Interior shall convey, by patent, the fee title to approximately 16,278 acres of National Forest System lands available

for exchange as depicted on the maps referred to in paragraph

(1), and the five maps entitled ‘‘H.R. 873, the Gallatin Range

Consolidation and Protection Act of 1993’’, Lolo and Flathead

National Forest, subject to—
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(A) the reservation of ditches and canals required by

the first section of the Act entitled ‘‘An Act making appropriations for sundry civil expenses of the Government for

the fiscal year ending June thirtieth, eighteen hundred

and ninety-one, and for other purposes’’, approved August

30, 1890 (26 Stat. 371, chapter 837; 43 U.S.C. 945);

(B) the reservation of rights under Federal Oil and

Gas Lease numbers 49739, 55610, 40389, 53670, 40215,

33385, 53736, and 38684; and

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

exceptions as may be agreed upon by the Secretary and

the Company.

(3) TERMINATION OF LEASES.—

(A) VESTING OF RIGHTS AND INTERESTS.—Upon termination or relinquishment of the leases referred to in paragraph (2)(B), all the rights and interests in such leases

reserved under paragraph (2)(B) shall immediately vest

in the Company and its successors and assigns.

(B) NOTICE.—The Secretary shall provide notice of the

termination or relinquishment of the leases referred to

in paragraph (2)(B) by a document suitable for recording

in the county in which the leased lands are located.

(c) EASEMENTS.—

(1) IN GENERAL.—Reciprocal easements in accordance with

this subsection shall be conveyed at the time of the exchange

authorized by this section.

(2) CONVEYANCE BY THE SECRETARY.—The Secretary shall,

in consideration of the easements conveyed by the Company

under paragraph (3), and under the authority of section 2

of Public Law 88–257 (commonly known as the ‘‘National Forest

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

Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.),

execute and deliver to the Company such easements or other

rights-of-way over federally owned lands as may be agreed

to by the Secretary and the Company.

(3) CONVEYANCE BY THE COMPANY.—The Company shall,

in consideration of the easements conveyed by the Secretary

under paragraph (2), execute and deliver to the United States

such easements or other rights-of-way across Company-owned

lands included in this exchange as may be agreed to by the

Secretary and the Company.

(d) NORTH BRIDGER RANGE.—

(1) COVENANTS AND OTHER RESTRICTIONS.—As a condition

of the exchange, with respect to such lands depicted on the

map entitled ‘‘North Bridger Range’’, dated May 1993, the

Company shall agree that—

(A) the holders, or their successors or assigns, of grazing leases on such lands on the date of enactment of this

Act shall be permitted to continue to use such lands for

grazing under terms acceptable to the Company and the

permittees for so long as the Company owns such lands

and for two years after the Company has sold or disposed

of such lands; and

(B) the timber harvest practices used on such lands

shall be conducted in accordance with Montana Forestry

Best Management Practices, the Montana Streamside Zone
H. R. 873—3

Management Law (Mont. Code Ann. sec. 77–5–301 et seq.),

and all other applicable laws of the State of Montana.

(2) FUTURE ACQUISITION.—The Secretary shall consider the

desirability of possible acquisition, through exchange under

existing law, of any of the lands described in paragraph (1),

and shall, not later than one year after the date of enactment

of this Act, report to the Committee on Energy and Natural

Resources of the Senate and the Committee on Natural

Resources of the House of Representatives concerning the desirability of an exchange.

(e) TIMING OF TRANSACTION.—

(1) DETERMINATION.—The Secretary shall review the title

for the non-Federal lands described in subsection (b), and the

appraisal and titles for the non-Federal lands described in

sections 4 and 5, and, within sixty days after receipt of all

applicable appraisal and title documents from the Company,

determine whether—

(A) the applicable title standards for Federal land

acquisition have been satisfied or the quality of title is

otherwise acceptable to the Secretary;

(B) all draft conveyances and closing documents have

been received and approved;

(C) a current title commitment verifying compliance

with applicable title standards has been issued to the

Secretary;

(D) the appraisals comply with applicable Forest Service standards; and

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

includes both the surface and subsurface estates without

reservation or exception (except by the United States or

the State of Montana, by patent), including—

(i) minerals or mineral rights;

(ii) timber or timber rights; and

(iii) any other interest in the property.

(2) CONVEYANCE OF TITLE.—In the event the appraisal and/

or quality of title do not meet Federal standards or are otherwise determined unacceptable to the Secretary, the Secretary

shall advise the Company regarding corrective actions necessary to make an affirmative determination under paragraph

(1). The Secretary, acting through the Chief of the Forest Service, shall effect the conveyance of lands described in subsection

(b)(2) not later than sixty days after the Secretary has made

an affirmative determination under paragraph (1).

(f) COMPLIANCE WITH OPTION.—Notwithstanding section

(3)(e)(2), the Secretary shall not consummate the conveyance of

lands described in subsection (b)(2) until the Secretary has determined that title to the lands described in sections 4 and 5 have

been escrowed as required by the document entitled ‘‘Option Agreement for the Exchange and/or Purchase of Real Property Pursuant

to the Gallatin Range Consolidation and Protection Act of 1993’’

(referred to in this Act as ‘‘the Option’’), executed by the Company,

as seller.

(g) REFERENCES.—References in this Act to the Company shall

include references to the successors and assigns of the Company.
H. R. 873—4

SEC. 4. LAND CONSOLIDATION—PORCUPINE AREA.

(a) ACQUISITION OF PORCUPINE PROPERTY.—The Secretary is

authorized and directed to acquire, by purchase or exchange, lands

and interests in lands listed as ‘‘Exhibit A, Porcupine Area’’, in

the Option, in accordance with the terms and conditions of the

Option for the fair market value of such lands and interests, determined at the time of acquisition, in accordance with the appraisal

standards specified in the Option.

(b) REPORTS TO CONGRESS.—The Secretary shall report

annually to the Committee on Energy and Natural Resources of

the Senate and the Committee on Natural Resources of the House

of Representatives, on the status of the acquisition authorized by

this section.

SEC. 5. LAND CONSOLIDATION—TAYLOR FORK AREA.

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

is authorized and directed to acquire, by purchase or exchange,

lands and interests in lands as listed as ‘‘Exhibit A, Taylor Fork

Area’’, in the Option, in accordance with the terms and conditions

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

determined at the time of acquisition, in accordance with the

appraisal standards specified in the Option.

(b) REPORTS TO CONGRESS.—The Secretary shall report

annually to the Committee on Energy and Natural Resources of

the Senate and the Committee on Natural Resources of the House

of Representatives, on the status of the pending acquisition authorized by this section.

SEC. 6. LAND CONSOLIDATION—GALLATIN ROADED AREA.

(a) ACQUISITION OF GALLATIN ROADED PROPERTY.—The Secretary is authorized and directed to acquire, by purchase or

exchange, lands and interests in lands as listed as ‘‘Exhibit A,

Gallatin Roaded’’, in the Option, in accordance with the terms

and conditions of the Option not otherwise acquired, purchased,

or exchanged under section 3, 4, or 5.

(b) REPORTS TO CONGRESS.—The Secretary shall report

annually to the Committee on Energy and Natural Resources of

the Senate and the Committee on Natural Resources of the House

of Representatives, on the status of the acquisition authorized by

this section.

SEC. 7. SEVERED MINERAL EXCHANGE.

(a) FINDINGS.—Congress finds that—

(1) underlying certain areas in Montana described in subsection (b) are mineral rights owned by subsidiaries of Burlington Resources, Incorporated and its successors and assigns

(referred to in this Act as ‘‘Burlington’’); (2) there are federally owned minerals underlying lands

of Burlington lying outside those areas; (3) Burlington has agreed in principle with the Secretary

to an exchange of mineral rights to consolidate surface and

subsurface ownerships and to avoid potential conflicts with

the surface management of the areas; and

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

not later than two years after the date of enactment of this

Act.

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

between the Secretary and Burlington, the Secretary may

acquire mineral interests owned by Burlington or an affiliate

of Burlington underlying surface lands owned by the United

States located in the areas depicted on the maps entitled ‘‘Severed Minerals Exchange, Clearwater-Monture Area’’, dated

September 1988, and ‘‘Severed Mineral Exchanges, Gallatin

Area’’, dated September 1988, or in fractional sections adjacent

to the areas depicted on the maps.

(2) EXCHANGE.—In exchange for the mineral interests conveyed to the Secretary pursuant to paragraph (1), the Secretary

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

such federally owned mineral interests as the Secretary and

Burlington may agree upon.

(c) EQUAL VALUE.—

(1) IN GENERAL.—The value of the mineral interests

exchanged under subsection (b) shall be approximately equal

in value based upon available information.

(2) APPRAISAL.—To ensure that the wilderness or other

natural values of the area are not affected by the exchange,

a formal appraisal based upon drilling or other surface disturbing activities shall not be required for any mineral interest

proposed for exchange, except that the Secretary and Burlington

shall fully share all available information on the quality and

quantity of mineral interests proposed for exchange.

(3) INADEQUATE INFORMATION.—In the absence of adequate

information regarding values of minerals proposed for exchange,

the Secretary and Burlington may agree to an exchange on

the basis of mineral interests of similar development potential,

geologic character, and similar factors.

(d) IDENTIFICATION OF FEDERALLY OWNED MINERAL

INTERESTS.—

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

interests conveyed by the United States pursuant to this section

shall underlie lands the surface of which are owned by Burlington.

(2) OTHER INTERESTS.—If there are not sufficient federally

owned mineral interests of approximately equal value underlying lands owned by Burlington, the Secretary and the Secretary

of the Interior may identify for exchange other federally owned

mineral interests in lands in the State of Montana of which

the surface estate is in private ownership.

(e) CONSULTATION WITH THE DEPARTMENT OF THE INTERIOR.—

(1) IN GENERAL.—The Secretary shall consult with the Secretary of the Interior in the negotiation of the exchange agreement authorized by subsection (b), particularly with respect

to the inclusion in the agreement of a provision authorizing

the exchange of federally owned mineral interests lying outside

the boundaries of units of the National Forest System.

(2) CONVEYANCE.—Notwithstanding any other law, the Secretary of the Interior shall convey the federally owned mineral

interests identified in a final exchange agreement between the

Secretary of Agriculture and Burlington and affiliates of Burlington.

(f) MINERAL INTEREST DEFINED.—For purposes of this section,

the term ‘‘mineral interests’’ includes all locatable and leasable
H. R. 873—6

minerals, including oil and gas, geothermal resources, and other

subsurface rights.

SEC. 8. GENERAL PROVISIONS.

(a) MAPS.—The maps referred to in sections 3, 4, 5, 6, and

7 are subject to such minor corrections as may be agreed upon

by the Secretary and the Company. The Secretary shall notify

the Committee on Energy and Natural Resources of the United

States Senate and the Committee on Natural Resources of the

United States House of Representatives of any corrections made

pursuant to the subsection. The maps shall be on file and available

for public inspection in the office of Chief, Forest Service, USDA.

(b) TITLE OF LANDS CONVEYED TO THE UNITED STATES.—

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

(2), the rights, title, and interests to lands conveyed to the

United States under sections 4, 5, and 6 shall, at a minimum,

consist of the surface estate and the subsurface rights owned

by the Company or Burlington where applicable.

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

to outstanding or reserved oil and gas and geothermal rights,

except that there shall be no surface occupancy permitted on

the lands acquired by the United States under sections 4,

5, and 6 for access to reserved or outstanding rights or exploration or development of such lands.

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

States under this Act shall be available for access to, or exploration or development of, any reserved or outstanding oil, gas,

geothermal, or other non-Federal property interest.

(c) NATIONAL FOREST LANDS.—

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

under this Act shall be added to and administered as part

of the Gallatin National Forest of the National Forest System

by the Secretary in accordance with the laws and regulations

pertaining to the National Forest System.

(2) HYALITE-PORCUPINE-BUFFALO HORN WILDERNESS STUDY

AREA.—Lands acquired within the Hyalite-Porcupine-Buffalo

Horn Wilderness Study Area shall be managed to maintain

their presently existing wilderness character and potential for

inclusion in the National Wilderness Preservation System in

accordance with the Montana Wilderness Study Act of 1977

(16 U.S.C. 1132 note).
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SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are

necessary to carry out this Act.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.