May 3, 1995 CONGRESSIONAL RECORD — SENATE S6127

So the resolution (S. Res. 113) was

considered and agreed to.

The preamble was agreed to.

The resolution, with its preamble, is

as follows:

S. RES. 113

Whereas, in the case of Committee for Judicial Review v. The United States Senate Committee on the Judiciary, Senator Orrin Hatch,

No. 1:95CV0770, pending in the United States

District Court for the District of Columbia,

the plaintiff has filed a complaint, seeking,

among other relief, to restrain the Committee on the Judiciary from conducting confirmation hearings on the nomination of

Peter C. Economus, who has been nominated

to be a United States District Judge for the

Northern District of Ohio;

Whereas, pursuant to sections 703(a) and

704(a)(1) of the Ethics in Government Act of

1978, 2 U.S.C. §§ 288b(a) and 288c(a)(1) (1994),

the Senate may direct its counsel to defend

committees and Members of the Senate in

civil actions relating to their official responsibilities: Now, therefore, be it

Resolved, That the Senate Legal Counsel is

authorized to represent the Committee on

the Judiciary, its chairman, Senator Orrin

G. Hatch, and the other members of the

Committee on the Judiciary in the case of

Committee for Judicial Review v. the United

States Senate Committee on the Judiciary, Senator Orrin Hatch.

RELIEF OF INSLAW, INC., AND

WILLIAM A. HAMILTON AND

fNANCY BURKE HAMILTON

Mr. GORTON. Mr. President, I ask

unanimous consent that the Senate

proceed to the immediate consideration of Senate Resolution 114, submitted earlier today by Senator HATCH.

The PRESIDING OFFICER. Without

objection, it is so ordered. The clerk

will report.

The legislative clerk read as follows:

A resolution (S. Res. 114) to refer S. 740 entitled ‘‘A bill for the relief of Inslaw, Inc.,

and William A. Hamilton and Nancy Burke

Hamilton’’ to the chief judge of the United

States Court of Federal Claims for a report

thereon.

Mr. GORTON. I ask unanimous consent that the resolution be considered

and agreed to, and the motion to reconsider be laid upon the table, and that

any statements relating to the resolution appear at the appropriate place in

the RECORD.

The PRESIDING OFFICER. Without

objection, it is so ordered.

So the resolution (S. Res. 114) was

considered and agreed to.

The preamble was agreed to.

The resolution, with its preamble, is

as follows:

S. RES. 114

Resolved, That the bill S.—— entitled ‘‘A

bill for the relief of Inslaw, Inc., and William

A. Hamilton and Nancy Burke Hamilton’’

now pending in the Senate, together with all

the accompanying papers, is referred to the

chief judge of the United States Court of

Federal Claims. The chief judge shall proceed with the same in accordance with the

provisions of sections 1492 and 2509 of title 28,

United States Code, and report thereon to

the Senate, at the earliest practicable date,

giving such findings of fact and conclusions

thereon as shall be sufficient to inform the

Congress of the nature and character of the

demand as a claim, legal or equitable,

against the United States or a gratuity and

the amount, if any, legally or equitably due

to the claimants from the United States.

Mr. GORTON. Mr. President, I ask

ORDER FOR STAR PRINT—S. 735

funanimous consent that S. 735 be star

printed to reflect the following changes

which I send to the desk.

The PRESIDING OFFICER. Without

objection, it is so ordered.

LOST CREEK LAND EXCHANGE

fACT 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