I
105TH CONGRESS
2D SESSION
H. R. 3381
To direct the Secretary of Agriculture and the Secretary of the Interior
to exchange land and other assets with Big Sky Lumber Co.
IN THE HOUSE OF REPRESENTATIVES
MARCH 5, 1998
Mr. HILL introduced the following bill; which was referred to the Committee
on Resources, and in addition to the Committee on Agriculture, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the commit-
tee concerned
A BILL
To direct the Secretary of Agriculture and the Secretary
of the Interior to exchange land and other assets with
Big Sky Lumber Co.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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; and
(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.
SEC. 3. DEFINITIONS.
In this Act:
(1) BLM 
LAND.—The term ‘‘BLM land’’
means approximately 3,000 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.
ing rights and to such other terms, conditions, res-
ervations, and exceptions as may be agreed to by the
Secretary of the Interior and BSL, fee title to the
BLM land.
(b) VALUATION.—The property and other assets ex-
changed by BSL and the United States under subsection
(a) shall be approximately equal in value, as determined
by the Secretary of Agriculture.
(c) TIMBER HARVEST RIGHTS.—
(1) IN GENERAL.—Not later than December 31
of the second full calendar year that begins after the
date of enactment of this Act, the Secretary shall
prepare, grant to BSL, and commence administra-
tion of the timber harvest rights identified in Ex-
hibit C to the Option Agreement.
(2) GRANTS.—
(A) IN
GENERAL.—The Secretary shall
grant timber harvest rights to BSL not earlier
than the date that is 45 days after the date on
which the Secretary issues a decision notice to
grant the timber harvest rights, or, if such a
decision notice is appealed, after the date of
final resolution of the appeal.
(B) LIMITATION.—The Secretary may not
grant timber harvest rights that are the subject
of administrative appeal or litigation.
(3) ADMINISTRATION.—After timber harvest
rights are granted to BSL, the decision notice for
those rights and the administration of those rights
in accordance with the decision notice shall not be
subject to administrative appeal or judicial review.
(4) SCHEDULES.—The Secretary and BSL
shall mutually develop and agree on schedules for
the harvest of timber the harvest rights to which are
granted to BSL in the exchange.
(5) TIMBER SALE PROGRAM.—The timber har-
vest rights granted under this Act—
(A) shall constitute the timber sale pro-
gram for the Gallatin National Forest for the
period beginning on the date of enactment of
this Act and ending on December 31 of the sec-
ond full calendar year that begins after that
date; and
(B) shall be funded by the Secretary annu-
ally at levels that are commensurate with the
preparation and administration involved in the
program.
(6) SUBSTITUTION.—If circumstances, such as
natural catastrophe, administrative appeals or litiga-
tion, regulatory or legal limitations, or environ-
mental or financial circumstances, prevent the Sec-
retary from granting the timber harvest rights iden-
tified in Exhibit C to the Option Agreement, the
Secretary shall replace the value of the diminished
timber harvest rights by substituting equivalent tim-
ber harvest rights volume from the same market
area.
(7) OPEN MARKET.—All timber harvest rights
granted to BSL in the exchange under subsection
(a) shall be offered for sale by BSL through the
competitive bid process.
(8) SMALL
BUSINESS.—All timber harvest
rights granted to BSL in the exchange shall be sub-
ject to compliance by BSL with Forest Service small
business program procedures in effect as of the date
of enactment of this Act, including contractual pro-
visions for payment schedules, harvest schedules,
and bonds and including the right of the highest bid-
der among qualified small businesses that submit
minimum bids to be awarded a timber contract.
(9) COMPLIANCE WITH OPTION AGREEMENT.—
The Secretary and BSL shall comply with the terms
and conditions of the Option Agreement, including
terms and conditions with respect to timber harvest
rights included in the exchange.
(d) RIGHTS-OF-WAY.—As part of the exchange under
subsection (a)—
(1) the Secretary of Agriculture, under the au-
thority 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 Forest System land as may be agreed to by the
Secretary of Agriculture and BSL; and
(2) BSL shall convey to the United States such
easements in or other rights-of-way over land owned
by BSL as may be agreed to by the Secretary of Ag-
riculture and BSL.
(e) QUALITY OF TITLE.—
(1) DETERMINATION.—The Secretary of Agri-
culture shall review the title for the BSL land de-
scribed in subsection (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 or 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 by the United States or the State
of Montana, by patent or as otherwise agreed
to by the Secretary and BSL), 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; and
(iv) 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 of Agriculture in the
same form and content as that estate is re-
ceived by BSL from Burlington Resources Oil
& Gas Company Inc. and Glacier Park Com-
pany.
(f) TIMING OF IMPLEMENTATION.—
(1) LAND-FOR-LAND
EXCHANGE.—The Sec-
retary of Agriculture shall accept the conveyance of
land described in subsection (a) not later than 45
days after the Secretary of Agriculture has made an
affirmative determination of quality of title.
(2) LAND-FOR-TIMBER EXCHANGE.—The Sec-
retary shall make the timber harvest rights de-
scribed in subsection (a)(3) available not later than
December 31 of the second full calendar year that
begins after the date of enactment of this Act.
(3) PURCHASE.—The Secretary of Agriculture
shall complete the purchase of BSL land under sub-
section (a)(4) not later than 30 days after the date
on which appropriated funds are made available and
an affirmative determination of quality of title is
made with respect to the BSL land.
SEC. 5. GENERAL PROVISIONS.
(a) MINOR CORRECTIONS.—
(1) IN GENERAL.—The Option Agreement shall
be subject to such minor corrections as may be
agreed to by the Secretary of Agriculture 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 pursuant to this subsection.
(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) 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 (commonly known as the
‘‘Weeks Act’’) (36 Stat. 961, chapter 186), and other laws
(including regulations) pertaining to the National Forest
System.
(d) 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 BSL land into the
plans.
(2) PROCESS TIME.—The amendment process
under paragraph (1) shall be completed not later
than 360 days after the date on which the amend-
ment process is initiated.
(3) LIMITATION.—An amended management
plan shall not permit surface occupancy on the BSL
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 BSL land under
the same standards, guidelines, and manage-
ment directions as adjacent land managed by
the Forest Service; and
(B) maintain all existing public access to
the acquired BSL land.
(e) RESTORATION.—
(1) IN
GENERAL.—After acquiring the BSL
land, the Secretary shall implement a restoration
program including reforestation and watershed en-
hancements to bring the BSL land and surrounding
national forest land into compliance with Forest
Service standards and guidelines.
(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.).
(f) IMPLEMENTATION.—The Secretary of Agriculture
shall ensure that sufficient funds are made available to
the Gallatin National Forest to carry out this Act.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as are necessary to carry out this Act.
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