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[Congressional Record Volume 141, Number 72 (Wednesday, May 3, 1995)]
[Senate]
[Pages S6127-S6128]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                  LOST CREEK LAND EXCHANGE ACT OF 1995

  Mr. GORTON. Mr. President, I ask unanimous consent that the Energy 
Committee be discharged from further consideration of S. 103.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report.
  The legislative clerk read as follows:

       A bill (S. 103) entitled the ``Lost Creek Land Exchange Act 
     of 1995.''

  Mr. GORTON. I ask unanimous consent that the Senate proceed to its 
immediate consideration; that the bill be deemed read a third time and 
passed; the motion to reconsider be laid upon the table; and, that any 
statements relating to the bill be placed at the appropriate place in 
the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  So the bill (S. 103) was deemed read a third time, and passed; as 
follows:

                                 S. 103

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This title may be cited as the ``Lost Creek Land Exchange 
     Act of 1995''.

     SEC. 2. LAND EXCHANGE.

       (a) General.--Notwithstanding any other provision of law, 
     the Secretary of Agriculture (hereinafter referred to in this 
     title as the ``Secretary'') is authorized and directed to 
     acquire by exchange certain lands and interests in lands 
     owned by the Brand S Corporation, its successors and assigns, 
     (hereinafter referred to in this title as the 
     ``Corporation''), located in the Lost Creek area of the 
     Deerlodge National Forest and within the Gallatin National 
     Forest.
       (b) Offer and Acceptance of Land.--
       (1) Non-federal land.--If the Corporation offers to convey 
     to the United States fee title that is acceptable to the 
     United States to approximately 18,300 acres of land owned by 
     the Corporation and available for exchange, as depicted on 
     the maps entitled ``Brand S/Forest Service Land Exchange 
     Proposal'', numbered 1 through 3, dated March 1994, and 
     described in the ``Land Exchange Specifications'' document 
     pursuant to paragraph (b)(3), the Secretary shall accept a 
     warranty deed to such lands.
       (2) Federal land.--Upon acceptance by the Secretary of 
     title to the Corporation's lands pursuant to paragraph (b)(1) 
     and upon the effective date of the document referred to in 
     paragraph (b)(3), and subject to valid existing rights, the 
     Secretary of the Interior shall convey, by patent, the fee 
     title to approximately 10,800 acres on the Deerlodge and 
     Gallatin National Forests, and by timber deed, the right to 
     harvest approximately 3.5 million board feet of timber on 
     certain Deerlodge National Forest lands, as depicted on the 
     maps referenced in paragraph (b)(1) and further defined by 
     the document referenced in paragraph (b)(3): Provided, That, 
     except for the east \1/2\ of sec. 10, T3S, R8E, the Secretary 
     shall not convey to the Corporation the lands on the Gallatin 
     National Forest identified as the ``Wineglass Tract'' on the 
     map entitled ``Wineglass Tract'', dated September 1994, 
     unless the Secretary finds that measures are in place to 
     protect the scenic, wildlife, and open space values of the 
     Wineglass Tract. Such finding shall be contained in the 
     document referenced in paragraph (b)(3).
       (3) Agreement.--A document entitled ``Brand S/Forest 
     Service Land Exchange Specifications'', shall be jointly 
     developed and agreed to by the Corporation and the Secretary. 
     Such document shall define the non-Federal and Federal lands 
     to be exchanged, and shall include legal descriptions of such 
     lands and interests therein, along with any other agreements. 
     Such document shall be transmitted, upon completion, to 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 and shall not take 
     effect until sixty days after transmittal to both Committees.
       (4) Conflict.--In case of conflict between the maps
      referenced in paragraph (b)(1) and the document referenced 
     in paragraph (b)(3), the maps shall govern.
       (c) Title.--
       (1) Review of title.--Within sixty days of receipt of title 
     documents from the Corporation, the Secretary shall review 
     the title for the non-Federal lands described in paragraph 
     (b) and determine whether--
       (A) 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; 
     and
       (D) the Corporation has complied with the conditions 
     imposed by this title.
       (2) Conveyance of title.--In the event the title does not 
     meet Federal standards or is otherwise unacceptable to the 
     Secretary, the Secretary shall advise the Corporation 
     regarding corrective actions necessary to make an affirmative 
     determination. The Secretary, acting through the Secretary of 
     the Interior, shall effect the conveyance of lands described 
     in paragraph (b)(2) not later than ninety days after the 
     Secretary has made an affirmative determination.
       (d) Resolution of Public Access.--The Secretary is 
     directed, in accordance with existing law, to improve legal 
     public access to Gallatin National Forest System lands 
     between West Pine Creek and Big Creek.

     SEC. 3. GENERAL PROVISIONS.

       (a) Maps and Documents.--The maps referred to in section 
     202(b)(1) shall be subject to such minor corrections as may 
     be agreed upon by the Secretary and the Corporation. The maps 
     and documents described in section 202(b) (1) and (3) shall 
     be on file and available for public inspection in the 
     appropriate offices of the Forest Service.
       (b) National Forest System Lands.--
       (1) In general.--All lands conveyed to the United States 
     under this title shall be added to and administered as part 
     of the Deerlodge or Gallatin National Forests, as 
     appropriate, and shall be administered by the Secretary in 
     accordance with the laws and regulations pertaining to the 
     National Forest System.
       (2) Wilderness study area acquisitions.--Until Congress 
     determines otherwise, lands 
     [[Page S6128]] acquired within the Hyalite-Porcupine-Buffalo 
     Horn Wilderness Study Area pursuant to this title shall be 
     managed by the Secretary of Agriculture and the Secretary of 
     the Interior, as appropriate, so as to maintain the presently 
     existing wilderness character and potential for inclusion in 
     the National Wilderness Preservation System.
       (c) Valuation.--The values of the lands and interests in 
     lands to be exchanged under this title and described in 
     section 202(b) are deemed to be of approximately equal value.
       (d) Liability for Hazardous Substances.--
       (1) The Secretary shall not acquire any lands under this 
     title if the Secretary determines that such lands, or any 
     portion thereof, have become contaminated with hazardous 
     substances (as defined in the Comprehensive Environmental 
     Response, Compensation, and Liability Act (42 U.S.C. 9601)).
       (2) Notwithstanding any other provision of law, the United 
     States shall have no responsibility or liability with respect 
     to any hazardous wastes or other substances placed on any of 
     the lands covered by this title after their transfer to the 
     ownership of another party, but nothing in this title shall 
     be construed as either diminishing or increasing any 
     responsibility or liability of the United States based on the 
     condition of such lands on the date of their transfer to the 
     ownership of another party.
     

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