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 Consolida-
tion 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 Sec-
retary, acting through the Forest Service, to enter into an
option agreement with Big Sky Lumber Company and Louisi-
ana 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 ‘‘Sec-
retary’’, 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 min-
eral 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 approxi-
mately 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—
H. R. 873—2
(A) the reservation of ditches and canals required by
the first section of the Act entitled ‘‘An Act making appro-
priations 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 termi-
nation or relinquishment of the leases referred to in para-
graph (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 graz-
ing 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 desir-
ability 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 Serv-
ice 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 other-
wise determined unacceptable to the Secretary, the Secretary
shall advise the Company regarding corrective actions nec-
essary to make an affirmative determination under paragraph
(1). The Secretary, acting through the Chief of the Forest Serv-
ice, 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 deter-
mined that title to the lands described in sections 4 and 5 have
been escrowed as required by the document entitled ‘‘Option Agree-
ment 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, deter-
mined 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 author-
ized by this section.
SEC. 6. LAND CONSOLIDATION—GALLATIN ROADED AREA.
(a) ACQUISITION OF GALLATIN ROADED PROPERTY.—The Sec-
retary 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 sub-
section (b) are mineral rights owned by subsidiaries of Bur-
lington 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.—
H. R. 873—5
(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 ‘‘Sev-
ered 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 con-
veyed 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 disturb-
ing 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 Bur-
lington.
(2) OTHER INTERESTS.—If there are not sufficient federally
owned mineral interests of approximately equal value underly-
ing 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 Sec-
retary of the Interior in the negotiation of the exchange agree-
ment 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 Sec-
retary 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 Bur-
lington.
(f) MINERAL INTEREST DEFINED.—For purposes of this section,
the term ‘‘mineral interests’’ includes all locatable and leasable