SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Gallatin Land Consoli-
dation Act of 1998’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) the land north of Yellowstone National Park
possesses outstanding natural characteristics and
wildlife habitats that make the land a valuable addi-
tion to the National Forest System;
(2) it is in the interest of the United States to
establish a logical and effective ownership pattern
for the Gallatin National Forest, reducing long-term
costs for taxpayers and increasing and improving
public access to the forest;
(3) it is in the interest of the United States for
the Secretary of Agriculture to enter into an Option
Agreement for the acquisition of land owned by Big
Sky Lumber Co. to accomplish the purposes of this
Act; and
(4) other private property owners are willing to
enter into exchanges that further improve the owner-
ship pattern of the Gallatin National Forest.
SEC. 3. DEFINITIONS.
In this Act:
(1) BLM 
LAND.—The term ‘‘BLM land’’
means approximately 2,000 acres of Bureau of Land
Management land (including all appurtenances to
the land) that is proposed to be acquired by BSL,
as depicted in Exhibit B to the Option Agreement.
(2) BSL.—The term ‘‘BSL’’ means Big Sky
Lumber Co., an Oregon joint venture, and its suc-
cessors and assigns, and any other entities having a
property interest in the BSL land.
(3) BSL LAND.—The term ‘‘BSL land’’ means
approximately 54,000 acres of land (including all ap-
purtenances to the land except as provided in section
4(e)(1)(D)(i)) owned by BSL that is proposed to be
acquired by the Secretary of Agriculture, as depicted
in Exhibit A to the Option Agreement.
(4) EASTSIDE NATIONAL FORESTS.—The term
‘‘Eastside National Forests’’ means national forests
east of the Continental Divide in the State of Mon-
tana, including the Beaverhead National Forest,
Deerlodge National Forest, Helena National Forest,
Custer National Forest, and Lewis and Clark Na-
tional Forest.
(5) NATIONAL
FOREST
SYSTEM
LAND.—The
term ‘‘National Forest System land’’ means approxi-
mately 29,000 acres of land (including all appur-
tenances to the land) owned by the United States in
the Gallatin National Forest, Flathead National
Forest, Deerlodge National Forest, Helena National
Forest, Lolo National Forest, and Lewis and Clark
National Forest that is proposed to be acquired by
BSL, as depicted in Exhibit B to the Option Agree-
ment.
(6) OPTION AGREEMENT.—The term ‘‘Option
Agreement’’ means—
(A) the document signed by BSL, dated
July 29, 1998, and entitled ‘‘Option Agreement
for the Acquisition of Big Sky Lumber Co.
Lands Pursuant to the Gallatin Range Consoli-
dation and Protection Act of 1993’’;
(B) the exhibits and maps attached to the
document described in subparagraph (A); and
(C) an exchange agreement to be entered
into between the Secretary and BSL and made
part of the document described in subparagraph
(A).
(7) SECRETARY.—The ‘‘Secretary’’ means the
Secretary of Agriculture.
SEC. 4. GALLATIN LAND CONSOLIDATION COMPLETION.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, and subject to the terms and conditions of
the Option Agreement—
(1) if BSL offers title acceptable to the Sec-
retary to the BSL land—
(A) the Secretary shall accept a warranty
deed to the BSL land and a quit claim deed to
agreed to mineral interests in the BSL land;
(B) the Secretary shall convey to BSL,
subject to valid existing rights and to other
terms, conditions, reservations, and exceptions
as may be agreed to by the Secretary and BSL,
fee title to the National Forest System land;
and
(C) the Secretary of the Interior shall con-
vey to BSL, by patent or otherwise, subject to
valid existing rights and other terms, condi-
tions, reservations, and exceptions as may be
agreed to by the Secretary of the Interior and
BSL, fee title to the BLM land;
(2) if BSL places title in escrow acceptable to
the Secretary to 111⁄2 sections of the BSL land in
the Taylor Fork area as set forth in the Option
Agreement—
(A) the Secretary shall place Federal land
in the Bangtail and Doe Creek areas of the
Gallatin National Forest, as identified in the
Option Agreement, in escrow pending convey-
ance to the Secretary of the Taylor Fork land,
as identified in the Option Agreement in es-
crow;
(B) the Secretary, subject to the availabil-
ity of funds, shall purchase 71⁄2 sections of BSL
land in the Taylor Fork area held in escrow and
identified in the Option Agreement at a pur-
chase price of $4,150,000; and
(C) the Secretary shall acquire the 4 Tay-
lor Fork sections identified in the Option
Agreement remaining in escrow, and any of the
6 sections referred to in subparagraph (B) for
which funds are not available, by providing
BSL with timber sale receipts from timber sales
on the Gallatin National Forest and other
eastside national forests in the State of Mon-
tana in accordance with subsection (c); and
(3)(A) as funds or timber sale receipts are re-
ceived by BSL—
(i) the deeds to an equivalent value of
BSL Taylor Fork land held in escrow shall
be released and conveyed to the Secretary;
and
(ii) the escrow of deeds to an equiva-
lent value of Federal land shall be released
(1) the Secretary, under the authority of the
Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.), shall convey to BSL such
easements in or other rights-of-way over National
Forest System land for access to the land acquired
by BSL under this Act for all lawful purposes; and
(2) BSL shall convey to the United States such
easements in or other rights-of-way over land owned
by BSL for all lawful purposes, as may be agreed
to by the Secretary and BSL.
(e) QUALITY OF TITLE.—
(1) DETERMINATION.—The Secretary shall re-
view the title for the BSL land described in sub-
section (a) and, within 45 days after receipt of all
applicable title documents from BSL, determine
whether—
(A) the applicable title standards for Fed-
eral land acquisition have been satisfied and the
quality of the title is otherwise acceptable to the
Secretary of Agriculture;
(B) all draft conveyances and closing docu-
ments 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 title includes both the surface and
subsurface estates without reservation or excep-
tion (except as specifically provided in this Act),
including—
(i) minerals, mineral rights, and min-
eral interests (including severed oil and gas
surface rights), subject to and excepting
other outstanding or reserved oil and gas
rights;
(ii) timber, timber rights, and timber
interests (except those reserved subject to
section 251.14 of title 36, Code of Federal
Regulations, by BSL and agreed to by the
Secretary);
(iii) water, water rights, ditch, and
ditch rights;
(iv) geothermal rights; and
(v) any other interest in the property.
(2) CONVEYANCE OF TITLE.—
(A) IN GENERAL.—If the quality of title
does not meet Federal standards or is otherwise
determined to be unacceptable to the Secretary
of Agriculture, the Secretary shall advise BSL
regarding corrective actions necessary to make
an affirmative determination under paragraph
(1).
(B) TITLE
TO
SUBSURFACE
ESTATE.—
Title to the subsurface estate shall be conveyed
by BSL to the Secretary in the same form and
content as that estate is received by BSL from
Burlington Resources Oil & Gas Company Inc.
and Glacier Park Company.
(f) TIMING OF IMPLEMENTATION.—
(1) LAND-FOR-LAND
EXCHANGE.—The Sec-
retary shall accept the conveyance of land described
in subsection (a) not later than 45 days after the
Secretary has made an affirmative determination of
quality of title.
(2) LAND-FOR-TIMBER
SALE
RECEIPT
EX-
CHANGE.—As provided in subsection (c) and the Op-
tion Agreement, the Secretary shall make timber re-
ceipts described in subsection (a)(3) available not
later than December 31 of the fifth full calendar
year that begins after the date of enactment of this
Act.
(3) PURCHASE.—The Secretary shall complete
the purchase of BSL land under subsection
(a)(2)(B) not later than 30 days after the date on
which funds are made available for such purchase
and an affirmative determination of quality of title
is made with respect to the BSL land.
SEC. 5. OTHER FACILITATED EXCHANGES.
(a) AUTHORIZED EXCHANGES.—
(1) IN
GENERAL.—The Secretary shall enter
into the following land exchanges if the landowners
are willing:
(A) Wapiti land exchange, as outlined in
the documents entitled ‘‘Non-Federal Lands in
Facilitated Exchanges’’ and ‘‘Federal Lands in
Facilitated Exchanges’’ and dated July 1998.
(B) Eightmile/West Pine land exchange as
outlined in the documents entitled ‘‘Non-Fed-
eral Lands in Facilitated Exchanges’’ and
‘‘Federal Lands in Facilitated Exchanges’’ and
dated July 1998.
(2) EQUAL VALUE.—Before entering into an
exchange under paragraph (1), the Secretary shall
determine that the parcels of land to be exchanged
are of approximately equal value, based on an ap-
praisal.
(b) SECTION 1 OF THE TAYLOR FORK LAND.—
(1) IN GENERAL.—The Secretary is encouraged
to pursue a land exchange with the owner of section
1 of the Taylor Fork land after completing a full
public process and an appraisal.
(2) REPORT.—The Secretary shall report to
Congress on the implementation of paragraph (1)
not later than 180 days after the date of enactment
of this Act.
SEC. 6. GENERAL PROVISIONS.
(a) MINOR CORRECTIONS.—
(1) IN GENERAL.—The Option Agreement shall
be subject to such minor corrections and supple-
mental provisions as may be agreed to by the Sec-
retary and BSL.
(2) NOTIFICATION.—The Secretary shall notify
the Committee on Energy and Natural Resources of
the Senate, the Committee on Resources of the
House of Representatives, and each member of the
Montana congressional delegation of any changes
made under this subsection.
(3) BOUNDARY ADJUSTMENT.—
(A) IN GENERAL.—The boundary of the
Gallatin National Forest is adjusted in the
Wineglass and North Bridger area, as described
on maps dated July 1998, upon completion of
the conveyances.
(B) NO LIMITATION.—Nothing in this sub-
section limits the authority of the Secretary to
adjust the boundary pursuant to section 11 of
the Act of March 1, 1911 (commonly known as
the ‘‘Weeks Act’’) (16 U.S.C. 521).
(C) ALLOCATION
OF
LAND
AND
WATER
CONSERVATION FUND MONEYS.—For the pur-
poses of section 7 of the Land and Water Con-
servation Fund Act of 1965 (16 U.S.C. 460l–
9), boundaries of the Gallatin National Forest
shall be considered to be the boundaries of the
National Forest as of January 1, 1965.
(b) PUBLIC
AVAILABILITY.—The Option Agree-
ment—
(1) shall be on file and available for public in-
spection in the office of the Supervisor of the Gal-
latin National Forest; and
(2) shall be filed with the county clerk of each
of Gallatin County, Park County, Madison County,
Granite County, Broadwater County, Meagher Coun-
ty, Flathead County, and Missoula County, Mon-
tana.
(c) COMPLIANCE WITH OPTION AGREEMENT.—The
Secretary, the Secretary of the Interior, and BSL shall
comply with the terms and conditions of the Option Agree-
ment except to the extent that any provision of the Option
Agreement conflicts with this Act.
(d) STATUS OF LAND.—All land conveyed to the
United States under this Act shall be added to and admin-
istered as part of the Gallatin National Forest and
Deerlodge National Forest, as appropriate, in accordance
with the Act of March 1, 1911 (5 U.S.C. 515 et seq.),
and other laws (including regulations) pertaining to the
National Forest System.
(e) MANAGEMENT.—
(1) PUBLIC PROCESS.—Not later than 30 days
after the date of completion of the land-for-land ex-
change under section 4(f)(1), the Secretary shall ini-
tiate a public process to amend the Gallatin Na-
tional Forest Plan and the Deerlodge National For-
est Plan to integrate the acquired land into the
plans.
(2) PROCESS TIME.—The amendment process
under paragraph (1) shall be completed as soon as
practicable, and in no event later than 540 days
after the date on which the amendment process is
initiated.
(3) LIMITATION.—An amended management
plan shall not permit surface occupancy on the ac-
quired land for access to reserved or outstanding oil
and gas rights or for exploration or development of
oil and gas.
(4) INTERIM MANAGEMENT.—Pending comple-
tion of the forest plan amendment process under
paragraph (1), the Secretary shall—
(A) manage the acquired land under the
standards and guidelines in the applicable land
and resource management plans for adjacent
land managed by the Forest Service; and
(B) maintain all existing public access to
the acquired land.
(f) RESTORATION.—
(1) IN GENERAL.—The Secretary shall imple-
ment a restoration program including reforestation
and watershed enhancements to bring the acquired
land and surrounding national forest land into com-
pliance with Forest Service standards and guide-
lines.
(2) 
STATE
AND
LOCAL
CONSERVATION
CORPS.—In implementing the restoration program,
the Secretary shall, when practicable, use partner-
ships with State and local conservation corps, includ-
ing the Montana Conservation Corps, under the
Public Lands Corps Act of 1993 (16 U.S.C. 1721 et
seq.).
(g) IMPLEMENTATION.—The Secretary of Agri-
culture shall ensure that sufficient funds are made avail-
able to the Gallatin National Forest to carry out this Act.
(h) REVOCATIONS.—Notwithstanding any other pro-
vision of law, any public orders withdrawing lands identi-
fied in the Option Agreement from all forms of appropria-
tion under the public land laws are revoked upon convey-
ance of the lands by the Secretary.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as are necessary to carry out this Act.
Passed the House of Representatives September 23,
1998.
Attest:
Clerk.