H. R. 3381
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-eight
An Act
To direct the Secretary of Agriculture and the Secretary of the Interior to exchange
land and other assets with Big Sky Lumber Co. and other entities.
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 cited as the ‘‘Gallatin Land Consolidation
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 addition 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 ownership pattern of the
Gallatin National Forest.
SEC. 3. DEFINITIONS.
In this Act:
(1) BLM LAND.—The term ‘‘BLM land’’ means approxi-
mately 2,000 acres of Bureau of Land Management land (includ-
ing all appurtenances to the land) that is proposed to be
acquired by BSL, as depicted in Exhibit B to the Option Agree-
ment.
(2) BSL.—The term ‘‘BSL’’ means Big Sky Lumber Co.,
an Oregon joint venture, and its successors 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 appurtenances 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.
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(4) EASTSIDE
NATIONAL
FORESTS.—The term ‘‘Eastside
National Forests’’ means national forests east of the Continen-
tal Divide in the State of Montana, including the Beaverhead
National Forest, Deerlodge National Forest, Helena National
Forest, Custer National Forest, and Lewis and Clark National
Forest.
(5) NATIONAL FOREST SYSTEM LAND.—The term ‘‘National
Forest System land’’ means approximately 29,000 acres of land
(including all appurtenances to the land) owned by the United
States in the Gallatin National Forest, Flathead National For-
est, 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 Agreement.
(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
Consolidation 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 provision of law,
and subject to the terms and conditions of the Option Agreement—
(1) if BSL offers title acceptable to the Secretary 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 convey to BSL,
by patent or otherwise, subject to valid existing rights
and other terms, conditions, 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 Bang-
tail and Doe Creek areas of the Gallatin National Forest,
as identified in the Option Agreement, in escrow pending
conveyance to the Secretary of the Taylor Fork land, as
identified in the Option Agreement in escrow;
(B) the Secretary, subject to the availability 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 purchase price of $4,150,000; and
H. R. 3381—3
(C) the Secretary shall acquire the 4 Taylor Fork sec-
tions identified in the Option Agreement remaining in
escrow, and any of the 6 sections referred to in subpara-
graph (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 Montana in accordance with subsection
(c); and
(3)(A) as funds or timber sale receipts are received 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 equivalent value of
Federal land shall be released to the Secretary in accord-
ance with the terms of the Option Agreement; or
(B) if funds or timber sale receipts are not provided to
BSL as provided in the Option Agreement, BSL shall be entitled
to receive patents and deeds to an equivalent value of the
Federal land held in escrow.
(b) VALUATION.—
(1) IN GENERAL.—The property and other assets exchanged
or conveyed by BSL and the United States under subsection
(a) shall be approximately equal in value, as determined by
the Secretary.
(2) DIFFERENCE IN VALUE.—To the extent that the property
and other assets exchanged or conveyed by BSL or the United
States under subsection (a) are not approximately equal in
value, as determined by the Secretary, the values shall be
equalized in accordance with methods identified in the Option
Agreement.
(c) TIMBER SALE PROGRAM.—
(1) IN GENERAL.—The Secretary shall implement a timber
sale program, according to the terms and conditions identified
in the Option Agreement and subject to compliance with
applicable environmental laws (including regulations), judicial
decisions, memoranda of understanding, small business set-
aside rules, and acts beyond the control of the Secretary, to
generate sufficient timber receipts to purchase the portions
of the BSL land in Taylor Fork identified in the Option Agree-
ment.
(2) IMPLEMENTATION.—In implementing the timber sale
program—
(A) the Secretary shall provide BSL with a proposed
annual schedule of timber sales;
(B) as set forth in the Option Agreement, receipts
generated from the timber sale program shall be deposited
by the Secretary in a special account established by the
Secretary and paid by the Secretary to BSL;
(C) receipts from the Gallatin National Forest shall
not be subject to the Act of May 23, 1908 (16 U.S.C.
500); and
(D) the Secretary shall fund the timber sale program
at levels determined by the Secretary to be commensurate
with the preparation and administration of the identified
timber sale program.
(d) RIGHTS-OF-WAY.—As specified in the Option Agreement—
H. R. 3381—4
(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 review the title
for the BSL land described in subsection (a) and, within 45
days after receipt of all applicable title documents from BSL,
determine whether—
(A) the applicable title standards for Federal 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 documents have
been received and approved;
(C) a current title commitment verifying compliance
with applicable title standards has been issued to the Sec-
retary; and
(D) the title includes both the surface and subsurface
estates without reservation or exception (except as specifi-
cally provided in this Act), including—
(i) minerals, mineral rights, and mineral 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 sub-
surface 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 Secretary 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
EXCHANGE.—As
provided in subsection (c) and the Option Agreement, the Sec-
retary shall make timber receipts described in subsection (a)(3)
available not later than December 31 of the fifth full calendar
year that begins after the date of the enactment of this Act.
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(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-Federal Lands in Facili-
tated 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 appraisal.
(b) SECTION ONE 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 the 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 supplemental provisions as may
be agreed to by the Secretary and BSL.
(2) NOTIFICATION.—The Secretary shall notify the Commit-
tee 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 subsection limits
the authority of the Secretary to adjust the boundary pursu-
ant 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 purposes of section 7 of the Land
and Water Conservation 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 Agreement—
H. R. 3381—6
(1) shall be on file and available for public inspection
in the office of the Supervisor of the Gallatin 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 County, Flathead County, and
Missoula County, Montana.
(c) COMPLIANCE WITH OPTION AGREEMENT.—The Secretary, the
Secretary of the Interior, and BSL shall comply with the terms
and conditions of the Option Agreement 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 administered 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 exchange under section
4(f )(1), the Secretary shall initiate a public process to amend
the Gallatin National Forest Plan and the Deerlodge National
Forest Plan to integrate the acquired land into the plans.
(2) PROCESS TIME.—The amendment process under para-
graph (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 acquired land for access to
reserved or outstanding oil and gas rights or for exploration
or development of oil and gas.
(4) INTERIM
MANAGEMENT.—Pending completion of the
forest plan amendment process under paragraph (1), the Sec-
retary shall—
(A) manage the acquired land under the standards
and guidelines in the applicable land and resource manage-
ment plans for adjacent land managed by the Forest Serv-
ice; and
(B) maintain all existing public access to the acquired
land.
(f ) RESTORATION.—
(1) IN GENERAL.—The Secretary shall implement a restora-
tion program including reforestation and watershed enhance-
ments to bring the acquired land and surrounding national
forest land into compliance with Forest Service standards and
guidelines.
(2) STATE AND LOCAL CONSERVATION CORPS.—In implement-
ing the restoration program, the Secretary shall, when prac-
ticable, use partnerships with State and local conservation
corps, including the Montana Conservation Corps, under the
Public Lands Corps Act of 1993 (16 U.S.C. 1721 et seq.).
(g) IMPLEMENTATION.—The Secretary of Agriculture shall
ensure that sufficient funds are made available to the Gallatin
National Forest to carry out this Act.
H. R. 3381—7
(h) REVOCATIONS.—Notwithstanding any other provision of law,
any public orders withdrawing lands identified in the Option Agree-
ment from all forms of appropriation under the public land laws
are revoked upon conveyance 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.