Calendar No. 623

105TH CONGRESS

2D SESSION S. 2136

A BILL

To provide for the exchange of certain land in the

State of Washington.

SEPTEMBER 25, 1998

Reported with an amendment
II

Calendar No. 623

105TH CONGRESS

2D SESSION S. 2136

To provide for the exchange of certain land in the State of Washington.

IN THE SENATE OF THE UNITED STATES

JUNE 5, 1998

Mr. GORTON introduced the following bill; which was read twice and referred

to the Committee on Energy and Natural Resources

SEPTEMBER 25, 1998

Reported by Mr. MURKOWSKI, with an amendment

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

A BILL

To provide for the exchange of certain land in the State

of Washington.

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 ‘‘Interstate 90 Land

5 Exchange Act of 1998’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Congress finds that—
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1 (1) certain parcels of private land located in

2 central and southwest Washington are intermingled

3 with National Forest System land owned by the

4 United States and administered by the Secretary of

5 Agriculture as parts of the Mt. Baker-Snoqualmie

6 National Forest, Wenatchee National Forest, and

7 Gifford Pinchot National Forest;

8 (2) the private land is owned by the Plum

9 Creek Timber Company, L.P. in an intermingled

10 checkerboard pattern, with the United States or

11 Plum Creek owning alternate square mile sections of

12 land or fractions of square mile sections;

13 (3) the checkerboard land ownership pattern in

14 the area has frustrated sound and efficient land

15 management on both private land and national for16 est land by complicating fish and wildlife habitat

17 management, watershed protection, recreation use,

18 road construction and timber harvest, boundary ad19 ministration, and protection and management of

20 threatened and endangered species and old growth

21 forest habitat;

22 (4) acquisition by the United States of certain

23 parcels of land that have been offered by Plum

24 Creek for addition to the Mt. Baker-Snoqualmie Na25 tional Forest, Wenatchee National Forest, and Gif-
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1 ford Pinchot National Forest would serve important

2 public objectives, including—

3 (A) enhancement of public access, aesthet4 ics, and recreation opportunities within or near

5 areas of very heavy public recreational use, in6 cluding—

7 (i) the Alpine Lakes Wilderness Area;

8 (ii) the Pacific Crest Trail;

9 (iii) Snoqualmie Pass;

10 (iv) Cle Elum Lake, Kachess Lake,

11 and Keechulus Lake; and

12 (v) other popular recreation areas

13 along the Interstate 90 corridor east of the

14 Seattle-Tacoma metropolitan area;

15 (B) protection and enhancement of old

16 growth forests and habitat for threatened, en17 dangered, and sensitive species, including a net

18 gain of approximately 22,000 acres of critical

19 habitat for the northern spotted owl;

20 (C) consolidation of national forest hold21 ings for more efficient administration and to

22 meet a broad array of ecosystem protection and

23 other public land management goals, including

24 net public gains of approximately 173 miles of

25 stream ownership, 14 miles of the route of the
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1 Pacific Crest Trail, 12,800 acres of unroaded

2 land, and 4,000 acres of riparian land; and

3 (D) a significant reduction in administra4 tive costs to the United States through—

5 (i) consolidation of Federal land hold6 ings for more efficient land management

7 and planning;

8 (ii) elimination of approximately 300

9 miles of boundary identification and post10 ing;

11 (iii) reduced right-of-way, special use,

12 and other permit processing and issuance

13 for roads and other facilities on National

14 Forest System land; and

15 (iv) other administrative cost savings;

16 (5) Plum Creek has selected certain parcels of

17 National Forest System land that are logical for

18 consolidation into Plum Creek ownership via a land

19 exchange because the parcels—

20 (A) are intermingled with parcels owned by

21 Plum Creek; and

22 (B)(i) are generally located in less environ23 mentally sensitive areas than the Plum Creek

24 offered land; and
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1 (ii) have lower public recreation and other

2 public values than the Plum Creek offered land;

3 (6) time is of the essence in consummating a

4 land exchange because delays may force Plum Creek

5 to road or log the offered land and thereby diminish

6 the public values for which the offered land is to be

7 acquired; and

8 (7) it is in the public interest to complete the

9 land exchange at the earliest practicable date so that

10 the offered land can be acquired and preserved by

11 the United States for permanent public manage12 ment, use, and enjoyment.

13 (b) PURPOSE.—The purpose of this Act is to further

14 the public interest by authorizing, directing, facilitating,

15 and expediting the consummation of the Interstate 90

16 land exchange so as to ensure that the offered land is ex17 peditiously acquired for permanent public use and enjoy18 ment.

19 SEC. 3. DEFINITIONS.

20 In this Act:

21 (1) OFFERED LAND.—The term ‘‘offered land’’

22 means the land described in section 4(b) to be con23 veyed into the public ownership of the United States

24 under this Act.
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1 (2) PLUM CREEK.—The term ‘‘Plum Creek’’

2 means the Plum Creek Timber Company, L.P., a

3 Delaware Limited Partnership, or its successors,

4 heirs, or assigns.

5 (3) SECRETARY.—The term ‘‘Secretary’’ means

6 the Secretary of Agriculture.

7 (4) SELECTED LAND.—The term ‘‘selected

8 land’’ means the land described in section 4(c) to be

9 conveyed into the private ownership of Plum Creek

10 under this Act.

11 SEC. 4. LAND EXCHANGE.

12 (a) CONDITION.—The exchange directed by this sec13 tion shall be consummated if, not later than 180 days

14 after the date of enactment of this Act, Plum Creek offers

15 to transfer to the United States the offered land.

16 (b) CONVEYANCE OF OFFERED LAND BY PLUM

17 CREEK.—In accordance with this Act, Plum Creek shall

18 convey to the United States by deed acceptable to the Sec19 retary all right, title, and interest of Plum Creek in and

20 to the following offered land:

21 (1) Certain land comprising approximately

22 6,460 acres and located within the exterior bound23 aries of the Mt. Baker-Snoqualmie National Forest,

24 Washington, as generally depicted on a map entitled

25 ‘‘Interstate 90 Land Exchange’’, dated April 1998.
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1 (2) Certain land comprising approximately

2 53,530 acres and located within or adjacent to the

3 exterior boundaries of the Wenatchee National For4 est, Washington, as generally depicted on a map en5 titled ‘‘Interstate 90 Land Exchange’’, dated April

6 1998.

7 (3) Certain land comprising approximately 400

8 acres and located within the exterior boundaries of

9 the Gifford Pinchot National Forest, Washington, as

10 generally depicted on a map entitled ‘‘Interstate 90

11 Land Exchange’’, dated April 1998.

12 (c) CONVEYANCE OF SELECTED LAND BY THE

13 UNITED STATES.—On receipt of title to the offered land,

14 the Secretary shall simultaneously convey to Plum Creek

15 all right, title and interest of the United States, subject

16 to valid existing rights, in and to the following selected

17 land:

18 (1) Certain land administered, as of the date of

19 enactment of this Act, by the Secretary of Agri20 culture as part of the Mt. Baker-Snoqualmie Na21 tional Forest, Washington, and comprising approxi22 mately 12,305 acres, as generally depicted on a map

23 entitled ‘‘Interstate 90 Land Exchange’’, dated April

24 1998.
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1 (2) Certain land administered, as of the date of

2 enactment of this Act, by the Secretary of Agri3 culture as part of the Wenatchee National Forest,

4 Washington, and comprising approximately 14,665

5 acres, as generally depicted on a map entitled

6 ‘‘Interstate 90 Land Exchange’’, dated April 1998.

7 (3) Certain land administered, as of the date of

8 enactment of this Act, by the Secretary of Agri9 culture as part of the Gifford Pinchot National For10 est, Washington, and comprising approximately

11 13,520 acres, as generally depicted on a map enti12 tled ‘‘Interstate 90 Land Exchange’’, dated April

13 1998.

14 SEC. 5. EXCHANGE VALUATION, APPRAISALS, AND EQUALI15 ZATION.

16 (a) EQUAL VALUE EXCHANGE.—

17 (1) IN GENERAL.—The values of the offered

18 land and selected land—

19 (A) shall be equal; or

20 (B) if the values are not equal, shall be

21 equalized in accordance with subsection (c).

22 (2) APPRAISALS.—The values of the offered

23 land and selected land shall be determined by ap24 praisals using nationally recognized appraisal stand25 ards, including, to the extent appropriate, the Uni-
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1 form Appraisal Standards for Federal Land Acquisi2 tions (1992), the Uniform Standards of Professional

3 Appraisal Practice, and section 206(d) of the Fed4 eral Land Policy and Management Act of 1976 (43

5 U.S.C. 1716(d)).

6 (3) APPROVAL BY THE SECRETARY.—The ap7 praisals, if not completed by the date of enactment

8 of this Act, shall be completed and submitted to the

9 Secretary for approval not later than 90 days after

10 the date of enactment of this Act.

11 (4) RESOLUTION OF DISAGREEMENT.—If the

12 Secretary and Plum Creek are unable to agree on

13 the appraised value of a parcel of land, the appraisal

14 or the appraisal issue in dispute shall be resolved in

15 accordance with section 206(d) of the Federal Land

16 Policy and Management Act of 1976 (43 U.S.C.

17 1716(d)).

18 (b) APPRAISAL ASSUMPTION.—

19 (1) FINDINGS.—Congress finds that—

20 (A) many of the parcels of offered land

21 and selected land are located in areas that have

22 been or may be designated as critical habitat

23 for species determined to be threatened or en24 dangered under the Endangered Species Act of

25 1973 (16 U.S.C. 1531 et seq.); and
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1 (B) such a designation can make tradi2 tional appraisals of land difficult absent specific

3 guidance from Congress due to present and fu4 ture uncertainties relating to the duration,

5 scope, and nature of restrictions that may be

6 imposed on the offered land or selected land as

7 a result of such a designation with respect to

8 future timber harvest and other development

9 activities.

10 (2) APPRAISAL AT HIGHEST AND BEST USE

11 VALUE.—In order to ensure the equitable and uni12 form appraisal of both the offered and selected lands

13 directed for exchange by this Act, all appraisals

14 under subsection (a) shall determine the highest and

15 best use of the offered land and selected land in ac16 cordance with applicable provisions of the Washing17 ton State Forest Practices Act, including alternative

18 measures for protecting critical habitat under Wash19 ington Administrative Code 222–16–080–(6).

20 (c) APPRAISAL PERIOD.—After the final appraised

21 values of the offered land and selected land or any portion

22 of the land has been approved by the Secretary or other23 wise determined under section 206(d) of the Federal Land

24 Policy and Management Act (43 U.S.C. 1716(d)), the

25 value shall not be reappraised or updated before con-
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1 summation of the land exchange under section 4, except

2 for any adjustments in value as may be required under

3 subsection (d).

4 (d) INTERIM TIMBER HARVEST.—The fair market

5 value of any timber harvested on the offered land or se6 lected land (as determined by the appraisal required under

7 subsection (a)) shall be deducted from the final approved

8 appraised value of the land for purposes of value equali9 zation under subsection (a).

10 (e) EQUALIZATION IF SURPLUS OF OFFERED

11 LAND.—

12 (1) IN GENERAL.—If the final appraised value

13 of the offered land exceeds the final appraised value

14 of the selected land—

15 (A) the Secretary shall make a cash equali16 zation payment to Plum Creek subject to the 25

17 percent limitation under section 206(b) of the

18 Federal Land Policy and Management Act of

19 1976 (43 U.S.C. 1716(d)); or

20 (B) if the Secretary does not have suffi21 cient funds available to make the required cash

22 equalization payment, Plum Creek shall delete

23 offered land from the exchange in the order

24 stated in paragraph (2) until the values are ap25 proximately equal.
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1 (2) ORDER OF DELETION.—Deletions under

2 paragraph (1) shall be made in the following order:

3 (A) Township ll North, Range ll

4 East, Section ll, Willamette Meridian.

5 (B) Township ll North, Range ll

6 East, Section ll, Willamette Meridian.

7 (C) Township ll North, Range ll

8 East, Section ll, Willamette Meridian.

9 (D) Township ll North, Range ll

10 East, Section ll, Willamette Meridian.

11 (f) EQUALIZATION IF SURPLUS OF SELECTED

12 LAND.—

13 (1) IN GENERAL.—If the final appraised value

14 of the selected land exceeds the final appraised value

15 of the offered land—

16 (A) the Secretary shall delete selected land

17 from the exchange in the order stated in para18 graph (2) until the values are approximately

19 equal; or

20 (B) at the election of Plum Creek, Plum

21 Creek shall receive conveyance of the land that

22 the Secretary proposes to delete under subpara23 graph (A) and equalize the exchange values by

24 making a cash equalization payment to the

25 United States, subject to the 25 percent limita-
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1 tion of section 206(b) under the Federal Land

2 Policy and Management Act of 1976 (43 U.S.C.

3 1716(d)).

4 (2) ORDER OF DELETION.—Deletions under

5 paragraph (1) shall be made in the following order:

6 (A) Township ll North, Range ll

7 East, Section ll; Willamette Meridian.

8 (B) Township ll North, Range ll

9 East, Section ll; Willamette Meridian.

10 (C) Township ll North, Range ll

11 East, Section ll; Willamette Meridian.

12 (g) USE OF PROCEEDS BY THE SECRETARY.—The

13 amount of any cash equalization payment received by the

14 Secretary under this section shall be retained by the Sec15 retary and may be used by the Secretary to purchase land

16 from willing sellers in the State of Washington for addi17 tion to the National Forest System.

18 SEC. 6. MISCELLANEOUS PROVISIONS.

19 (a) STATUS OF LAND AFTER EXCHANGE.—

20 (1) LAND ACQUIRED BY THE SECRETARY.—

21 (A) IN GENERAL.—Land acquired by the

22 Secretary under this Act shall become part of

23 the Mt. Baker-Snoqualmie Forest, Wenatchee

24 Forest, or Gifford Pinchot National Forests, as

25 determined by the Secretary.
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1 (B) MODIFICATION OF BOUNDARIES.—If

2 any land acquired by the Secretary lies outside

3 the exterior boundaries of the national forests

4 identified in subparagraph (A), the Secretary

5 shall modify the boundaries of the appropriate

6 forest to include the land.

7 (C) MANAGEMENT.—Land acquired by the

8 Secretary under this Act shall be managed in

9 accordance with the Act of March 1, 1911

10 (commonly known as the ‘‘Weeks Law’’), and

11 with the other laws (including regulations) ap12 plicable to the National Forest System.

13 (2) LAND ACQUIRED BY PLUM CREEK.—Land

14 acquired by Plum Creek under this Act shall become

15 private land for all purposes of law, unless the pat16 ent by which conveyance is made to Plum Creek con17 tains a specific reservation.

18 (b) ACCESS TO LAND ACQUIRED BY PLUM CREEK.—

19 (1) PARCELS TO WHICH EXISTING ACCESS IS

20 ADEQUATE.—

21 (A) FINDING.—Except with respect to par22 cels of land described in paragraph (2), Con23 gress finds that Plum Creek will have adequate

24 post-exchange access to the selected land over
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1 existing primary, secondary, or other national

2 forest routes or over existing Plum Creek roads.

3 (B) ROAD CLOSING.—If the Secretary de4 termines to close any such existing national for5 est road to general public use, the Secretary

6 shall, if requested by Plum Creek—

7 (i) keep the road open for use by

8 Plum Creek; or

9 (ii) if the road is closed, shall, before

10 the road is closed, provide Plum Creek

11 with an alternative access road that is ac12 ceptable to Plum Creek.

13 (2) PARCELS NEEDING ADDITIONAL ACCESS.—

14 (A) FINDING.—Congress finds that with

15 respect to the following parcels of selected land,

16 the Secretary should grant post-exchange road

17 access to Plum Creek through the following ad18 jacent or nearby identified parcels of National

19 Forest System land that will remain in Federal

20 ownership:

21 (i) SELECTED LAND SECTION.—

22 TllN, RllE, Sec. ll, Willamette

23 Meridian.
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1 (ii) ADJACENT OR NEARBY NFS SEC2 TION.—TllN, RllE, Sec. ll, Wil3 lamette Meridian.

4 (B) EASEMENT.—Simultaneously with the

5 conveyance of the land sections described in

6 subparagraph (A)(i) to Plum Creek, the Sec7 retary shall, without consideration, grant Plum

8 Creek a permanent road access easement and

9 preapproved road route through the adjacent or

10 nearby National Forest System land section or

11 sections described in subparagraph (A)(ii).

12 (C) EFFECT ON APPRAISALS.—For pur13 poses of the appraisals under section 5, the se14 lected land sections described in subparagraph

15 (A)(i) shall be appraised as having available,

16 but unbuilt, road access.

17 (D) CONSTRUCTION STANDARD.—Unless

18 the Secretary requests otherwise or Plum Creek

19 uses its adjacent lands for other than commer20 cial timber purposes, roads constructed by

21 Plum Creek on easements granted under this

22 subsection—

23 (i) shall be built to a minimum stand24 ard necessary to accommodate ingress and

25 egress for purposes of commercial timber
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1 harvest on the adjacent Plum Creek lands;

2 and

3 (ii) shall be closed to public use.

4 (c) ACCESS TO LAND ACQUIRED BY UNITED

5 STATES.—

6 (1) IN GENERAL.—Simultaneously with the

7 transfer of the offered land to the United States,

8 Plum Creek shall grant the United States, without

9 consideration, such permanent easements as may be

10 necessary to secure to the United States access for

11 reasonable public use and enjoyment of the offered

12 lands acquired by the United States.

13 (2) LOCATION.—Unless the Secretary and Plum

14 Creek agree otherwise, an easement under this sec15 tion shall be located to the extent practicable along

16 roads that are in existence as of the date of enact17 ment of this Act.

18 (d) TIMING.—It is the intent of Congress that the

19 land exchange under this Act be consummated not later

20 than 120 days after the date on which Plum Creek makes

21 the Secretary an offer to exchange under section 3(a), un22 less the Secretary and Plum Creek agree to extend the

23 consummation date.

24 (e) WITHDRAWAL OF SELECTED LAND.—
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1 (1) IN GENERAL.—Effective until the date de2 scribed in paragraph (2), Congress withdraws from

3 all forms of entry and appropriation under the pub4 lic land laws (including the mining laws) any parcel

5 of selected land—

6 (A) with respect to which such a with7 drawal by the Secretary of the Interior has not

8 been made before the date of enactment of this

9 Act; or

10 (B) with respect to which such a with11 drawal that the Secretary of the Interior has

12 made expires before the date described in para13 graph (2).

14 (2) DATE DESCRIBED.—With respect to any

15 parcel of land described in paragraph (1), the date

16 described in this paragraph is the date on which—

17 (A) the parcel is deleted from the exchange

18 under section 4(d) or 5(b)(2); or

19 (B) the land exchange under this Act is

20 consummated.

21 SECTION 1. SHORT TITLE.

22 This Act may be cited as the ‘‘Interstate 90 Land Ex23 change Act of 1998’’.

24 SEC. 2. FINDINGS AND PURPOSES.

25 (a) FINDINGS.—Congress finds that—
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1 (1) certain parcels of private land located in cen2 tral and southwest Washington are intermingled with

3 National Forest System land owned by the United

4 States and administered by the Secretary of Agri5 culture as parts of the Mt. Baker-Snoqualmie Na6 tional Forest, Wenatchee National Forest, and Gifford

7 Pinchot National Forest;

8 (2) the private land surface estate and some sub9 surface is owned by the Plum Creek Timber Com10 pany, L.P. in an intermingled checkerboard pattern,

11 with the United States or Plum Creek owning alter12 nate square mile sections of land or fractions of

13 square mile sections;

14 (3) the checkerboard land ownership pattern in the

15 area has frustrated sound and efficient land manage16 ment on both private and National Forest lands by

17 complicating fish and wildlife habitat management,

18 watershed protection, recreation use, road construc19 tion and timber harvest, boundary administration,

20 and protection and management of threatened and

21 endangered species and old growth forest habitat;

22 (4) acquisition by the United States of certain par23 cels of land that have been offered by Plum Creek for

24 addition to the Mt. Baker-Snoqualmie National For-
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1 est and Wenatchee National Forest will serve impor2 tant public objectives, including—

3 (A) enhancement of public access, aesthetics

4 and recreation opportunities within or near

5 areas of very heavy public recreational use in6 cluding—

7 (i) the Alpine Lakes Wilderness Area;

8 (ii) the Pacific Crest Trail;

9 (iii) Snoqualmie Pass;

10 (iv) Cle Elum Lake, Kachess Lake and

11 Keechulus Lake; and

12 (v) other popular recreation areas

13 along the Interstate 90 corridor east of the

14 Seattle-Tacoma Metropolitan Area;

15 (B) protection and enhancement of old

16 growth forests and habitat for threatened, endan17 gered and sensitive species, including a net gain

18 of approximately 28,500 acres of habitat for the

19 northern spotted owl;

20 (C) consolidation of National Forest hold21 ings for more efficient administration and to

22 meet a broad array of ecosystem protection and

23 other public land management goals, including

24 net public gains of approximately 283 miles of

25 stream ownership, 14 miles of the route of the
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1 Pacific Crest Trail, 20,000 acres of unroaded

2 land, and 7,360 acres of riparian land; and

3 (D) a significant reduction in administra4 tive costs to the United States through—

5 (i) consolidation of Federal land hold6 ings for more efficient land management

7 and planning;

8 (ii) elimination of approximately 300

9 miles of boundary identification and post10 ing;

11 (iii) reduced right-of-way, special use,

12 and other permit processing and issuance

13 for roads and other facilities on National

14 Forest System land; and

15 (iv) other administrative cost savings;

16 (5) Plum Creek has selected certain parcels of

17 National Forest system land that are logical for con18 solidation into Plum Creek ownership utilizing a

19 land exchange because the parcels—

20 (A) are intermingled with parcels owned by

21 Plum Creek; and

22 (B)(i) are generally located in less environ23 mentally sensitive areas than the Plum Creek of24 fered land; and
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1 (ii) have lower public recreation and other

2 public values than the Plum Creek offered land;

3 (6) time is of the essence in consummating a

4 land exchange because delays may force Plum Creek

5 to road or log the offered land and thereby diminish

6 the public values for which the offered land is to be

7 acquired; and

8 (7) it is in the public interest to complete the

9 land exchange at the earliest practicable date so that

10 the offered land can be acquired and preserved by the

11 United States for permanent public management, use,

12 and enjoyment.

13 (b) PURPOSE.—It is the purpose of this Act to further

14 the public interest by authorizing, directing, facilitating,

15 and expediting the consummation of the Interstate 90 land

16 exchange so as to insure that the offered land is expedi17 tiously acquired for permanent public use and enjoyment.

18 SEC. 3. DEFINITIONS.

19 In this Act:

20 (1) OFFERED LAND.—The term ‘‘offered land’’

21 means all right, title and interest in land described

22 in section 4(b) to be conveyed into the public owner23 ship of the United States under this Act.

24 (2) PLUM CREEK.—The term ‘‘Plum Creek’’

25 means Plum Creek Timber Company, L.P., a Dela-
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1 ware Limited Partnership, or its successors, heirs, or

2 assigns.

3 (3) SECRETARY.—The term ‘‘Secretary’’ means

4 the Secretary of Agriculture.

5 (4) SELECTED LAND.—The term ‘‘selected land’’

6 means all right, title and interest in land described

7 in section 4(c) to be conveyed into the private owner8 ship of Plum Creek under this Act.

9 SEC. 4. LAND EXCHANGE.

10 (a) CONDITION AND CONVEYANCE OF OFFERED

11 LAND.—The exchange directed by this section shall be con12 summated if, not later than 270 days after the date of enact13 ment of this Act, Plum Creek conveys acceptable title to the

14 Secretary in and to the following offered land:

15 (1) Certain land comprising approximately

16 8,340 acres and located within the exterior boundaries

17 of the Mt. Baker-Snoqualmie National Forest, Wash18 ington, as generally depicted on a map entitled

19 ‘‘Interstate 90 Land Exchange’’, dated September,

20 1998.

21 (2) Certain land comprising approximately

22 53,576 acres and located within or adjacent to the ex23 terior boundaries of the Wenatchee National Forest,

24 Washington, as generally depicted on a map entitled
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1 ‘‘Interstate 90 Land Exchange’’, dated September,

2 1998.

3 (b) CONVEYANCE OF SELECTED LAND BY THE UNITED

4 STATES.—Upon receipt of acceptable title to the offered

5 land, the Secretary shall simultaneously convey to Plum

6 Creek all right, title and interest of the United States, sub7 ject to valid existing rights, in and to the following selected

8 land:

9 (1) Certain land administered, as of the date of

10 enactment of this Act, by the Secretary of Agriculture

11 as part of the Mt. Baker-Snoqualmie National Forest,

12 Washington, and comprising approximately 6,137

13 acres, as generally depicted on a map entitled ‘‘Inter14 state 90 Land Exchange’’, date September, 1998.

15 (2) Certain land administered, as of the date of

16 enactment of this Act, by the Secretary of Agriculture

17 as part of the Wenatchee National Forest, Washing18 ton, and comprising approximately 5,197 acres, as

19 generally depicted on a map entitled ‘‘Interstate 90

20 Land Exchange’’, dated September, 1998.

21 (3) Certain land administered, as of the date of

22 enactment of this act, by the Secretary of Agriculture

23 as part of the Gifford Pinchot National Forest, Wash24 ington, and comprising approximately 5,601 acres, as
25

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1 generally depicted on a map entitled ‘‘Interstate 90

2 Land Exchange’’, dated September, 1998.

3 SEC. 5. EXCHANGE VALUATION, APPRAISALS, AND EQUALI4 ZATION.

5 (a) EQUAL VALUE EXCHANGE.—

6 (1) IN GENERAL.—The values of the offered and

7 selected land—

8 (A) shall be equal; or

9 (B) if the values are not equal, shall be

10 equalized as set forth in subsections (e)–(g).

11 (2) APPRAISALS.—The values of the offered land

12 and selected land shall be determined by appraisals

13 utilizing nationally recognized appraisal standards,

14 including applicable provisions of the Uniform Ap15 praisal Standards for Federal Land Acquisitions

16 (1992), the Uniform Standards of Professional Ap17 praisal Practice, and section 206(d) of the Federal

18 Land Policy and Management Act of 1976, as amend19 ed (43 U.S.C. 1716(d)).

20 (3) APPROVAL BY THE SECRETARY.—The ap21 praisals, if not already completed by the date of en22 actment of this Act, shall be completed and submitted

23 to the Secretary for approval not later than 180 days

24 after the date of enactment of this Act: Provided, how-
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1 ever, That all timber activities cease no later than

2 November 30, 1998.

3 (b) APPRAISAL ASSUMPTION.—

4 (1) FINDINGS.—Congress finds that—

5 (A) many of the parcels of offered land and

6 selected land are located within areas that have

7 been or may be designed as critical habitat for

8 species determined to be threatened or endan9 gered under the Endangered Species Act of 1973

10 (16 U.S.C. 1531 et. seq.); and

11 (B) such a designation can make tradi12 tional appraisals of land difficult absent specific

13 guidance from Congress due to present and fu14 ture uncertainties relating to the duration, scope

15 and nature of restrictions that may be imposed

16 on the offered or selected land as a result of such

17 designation with respect to future timber harvest

18 and other development activities.

19 (2) APPRAISAL AT HIGHEST AND BEST USE

20 VALUE.—In order to ensure the equitable and uniform

21 appraisal of both the offered and selected lands di22 rected for exchange by this Act, all appraisals under

23 subsection (a) shall determine the highest and best use

24 of the offered and selected land. The appraisal of the

25 timber estate shall be in accordance with applicable
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1 provisions of the Washington State Forest Practices

2 Act and rules and regulations thereunder, including

3 alternative measures for protecting critical habitat

4 pursuant to a habitat conservation plan as provided

5 in Washington Administrative Code 222–16–080–(6).

6 (c) APPRAISAL PERIOD.—After the final appraised

7 values of the offered and selected lands, or any portion of

8 the land, has been approved by the Secretary or otherwise

9 determined under Section 206(d) of the Federal Land Pol10 icy and Management Act (43 U.S.C. 1716(d)), the value

11 shall not be reappraised or updated before consummation

12 of the land exchange, except for any adjustments under sub13 section 6(g).

14 (d) EQUALIZATION IF SURPLUS OF OFFERED LAND.—

15 (1) IN GENERAL.—If the final appraised value of

16 the offered land exceeds the final appraised value of

17 the selected land, Plum Creek shall delete offered land

18 parcels from the exchange in the exact order each land

19 Section (or offered portion thereof) is listed in para20 graph (2) until the values are approximately equal.

21 (2) ORDER OF DELETION.—Offered land dele22 tions under paragraph (1) shall be made in the fol23 lowing order:

24 (A) Township 22 North, Range 13 East,

25 Section 31, Willamette Meridian.
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1 (B) Township 21 North, Range 11 East,

2 Section 35.

3 (C) Township 19 North, Range 11 East,

4 Section 35.

5 (D) Township 19 North, Range 12 East,

6 Section 1.

7 (E) Township 20 North, Range 11 East,

8 Sections 1 and 13.

9 (F) Township 19 North, Range 12 East,

10 Section 15.

11 (G) Township 20 North, Range 11 East,

12 Section 11.

13 (H) Township 21 North, Range 11 East,

14 Section 27.

15 (I) Township 19 North, Range 13 East,

16 Sections 27 and 15.

17 (J) Township 21 North, Range 11 East,

18 Sections 21 and 25.

19 (K) Township 19 North, Range 11 East,

20 Section 23.

21 (L) Township 19 North, Range 13 East,

22 Sections 21, 9, and 35.

23 (M) Township 20 North, Range 12 East,

24 Sections 35 and 27.
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1 (N) Township 19 North, Range 12 East,

2 Section 11.

3 (O) Township 21 North, Range 11 East,

4 Section 17.

5 (e) EQUALIZATION IF SURPLUS OF SELECTED

6 LAND.—

7 (1) IN GENERAL.—If the final appraised value of

8 the selected land exceeds the final appraised value of

9 the offered land the Secretary shall delete selected land

10 parcels from the exchange in the exact order each land

11 Section (or selected portion thereof) is listed in para12 graph (2) until the values are approximately equal.

13 (2) ORDER OF DELETION.—Selected land dele14 tions under paragraph 1 shall be made in the follow15 ing listed order:

16 (A) Township 21 North, Range 14 East,

17 Sections 28, 22, 36, 26, and 16, Willamette Me18 ridian.

19 (B) Township 18 North, Range 15 East,

20 Sections 13, 12, and 2.

21 (C) Township 18 North, Range 15 East,

22 Section 1.

23 (D) Township 18 North, Range 15 East,

24 Section 17.
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1 (E) Township 20 North, Range 11 East,

2 Section 30.

3 (F) Township 19 North, Range 11 East,

4 Section 6.

5 (G) Township 20 North, Range 11 East,

6 Section 32.

7 (f) Once the values of the offered and selected lands

8 are equalized to the maximum extent practicable under sub9 sections (d) or (e), any balance due the Secretary or Plum

10 Creek shall be made through cash equalization payments

11 under subsection 206(b) of the Federal Land Policy and

12 Management Act of 1976 (43 U.S.C. 1716(b).

13 (g) USE OF PROCEEDS BY THE SECRETARY.—The

14 amount of any cash equalization payment received by the

15 Secretary under this Section shall be retained by the Sec16 retary and shall be used by the Secretary until fully ex17 pended to purchase land from willing sellers in the State

18 of Washington for addition to the National Forest System.

19 SEC. 6. MISCELLANEOUS PROVISIONS.

20 (a) STATUS OF LANDS AFTER EXCHANGE.—

21 (1) LAND ACQUIRED BY THE SECRETARY.—

22 (A) IN GENERAL.—Land acquired by the

23 Secretary under this Act shall become part of the

24 Mt. Baker-Snoqualmie, Gifford Pinchot or

25 Wenatchee National Forests, as appropriate.
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1 (B) MODIFICATION OF BOUNDARIES.—If

2 any land acquired by the Secretary lies outside

3 the exterior boundaries of the national forests

4 identified in subparagraph (A), the boundaries

5 of the appropriate national forest are hereby

6 modified to include such land.

7 (C) MANAGEMENT.—Land acquired by the

8 Secretary under this Act shall be managed in ac9 cordance with the Act of March 1, 1911 (com10 monly known as the ‘‘Weeks Law’’), and with the

11 other laws, rules, regulations and guidelines ap12 plicable to the National Forest System.

13 (2) LAND ACQUIRED BY PLUM CREEK.—Land ac14 quired by Plum Creek under this Act shall become

15 private land for all purposes of law, unless the deed

16 by which conveyance is made to Plum Creek contains

17 a specific reservation.

18 (b) ACCESS TO LAND ACQUIRED BY PLUM CREEK.—

19 (1) FINDING.—Congress finds that Plum Creek

20 will generally have adequate post-exchange access to

21 the selected land over existing primary, secondary, or

22 other national forest routes, or over existing Plum

23 Creek roads.
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1 (2) INTENTION.—It is the intention of Congress

2 that Plum Creek have immediate access to all lands

3 it acquired under this Act:

4 (A) ACCESS WITHIN COST SHARE AGREE5 MENT AREAS.—Within Cost Share Construction

6 and Use Agreement Areas, the United States

7 shall grant Plum Creek, simultaneous with the

8 transfer of the selected land to Plum Creek, road

9 access easements in accordance with the terms

10 and conditions of said cost share construction

11 and use agreements for the roads identified on

12 the map entitled ‘‘Plum Creek Access Road

13 Needs’’, dated September 1998.

14 (B) ACCESS OUTSIDE COST SHARE AGREE15 MENT AREAS.—Outside of Cost Share Construc16 tion and Use Agreement Areas, the United States

17 shall grant Plum Creek, simultaneous with the

18 transfer of the selected land to Plum Creek, road

19 access easements in a form set out in Forest

20 Service Handbook 2709.12, 35, subject to the

21 Secretary’s rules and regulations 36 CFR 251,

22 subpart B.

23 (c) ACCESS TO LANDS ACQUIRED BY UNITED

24 STATES.—It is the intent of Congress that the Secretary

25 have post-exchange access to the land acquired by the
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1 United States under this Act. Within Cost Share Construc2 tion and Use Agreement Areas, Plum Creek shall grant the

3 Secretary, simultaneous with the transfer of the offered

4 land, road access easements in accordance with the terms

5 and conditions of said Cost Share Construction and Use

6 Agreements. Outside of Cost Share Construction and Use

7 Agreement Areas, Plum Creek shall grant the Secretary, si8 multaneous with the transfer of the offered land, road access

9 easements in a format acceptable to the Secretary.

10 (d) TIMING.—It is the intent of Congress that the land

11 exchange authorized and directed by this Act be con12 summated no later than 90 days after the date on which

13 Plum Creek conveys title acceptable to the Secretary, unless

14 the Secretary and Plum Creek mutually agree to extend the

15 consummation date.

16 (e) WITHDRAWAL OF SELECTED LAND.—Effective

17 upon the date of enactment of this Act, all selected land

18 identified for exchange to Plum Creek under Section 4(c)

19 is hereby withdrawn from all forms of entry and appropria20 tion under the public land laws (including the mining

21 laws) until such time as the exchange is consummated, or

22 until a particular parcel or parcels are deleted from the

23 exchange under section 5(e).

24 (f) WITHDRAWAL OF CLE ELUM RIVER LANDS.—

25 Lands acquired by the Secretary under this Act that are
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1 located in Township 23 North, Range 14 East, and Town2 ship 22 North, Range 14 East, Willamette Meridian, shall

3 upon the date of their acquisition be permanently with4 drawn from all forms of entry and appropriation under

5 the public land laws, including the mineral, mineral leasing

6 and hardrock mining laws.

7 (g) PARCELS SUBJECT TO HISTORIC OR CULTURAL

8 RESOURCE RESTRICTIONS.—

9 (1) REPORT TO PLUM CREEK.—No later than

10 180 days after enactment of this Act, the Secretary

11 shall complete determinations and consultation under

12 the National Historic Preservation Act and submit a

13 report to Plum Creek listing by exact aliquot part de14 scription any parcel or parcels of selected land on

15 which use restrictions or mitigation requirements will

16 be imposed. Such report shall include an exact de17 scription of each restriction or mitigation action re18 quired.

19 (2) PLUM CREEK RESPONSE.—Prior to making

20 an offer to exchange under section 4(a) of this Act,

21 Plum Creek shall notify the Secretary as to: (i) those

22 parcels it will accept subject to the identified use re23 strictions or mitigation requirements; and (ii) those

24 parcels it will not accept because the restrictions or
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1 mitigation requirements are deemed by Plum Creek to

2 be an unacceptable encumbrance on the land.

3 (3) PARCEL DELETION.—The Secretary shall de4 lete from the selected land those parcels identified by

5 Plum Creek as unacceptable for conveyance under

6 paragraph (2).

7 (4) APPRAISAL ADJUSTMENT.—The fair market

8 value of any parcels deleted under paragraph (3), or

9 any modification in fair market value caused by the

10 use restrictions or mitigation requirements on land

11 accepted by Plum Creek, shall based on their con12 tributory value to the final approved appraised value

13 of the selected land.