IIA
103D CONGRESS
1ST SESSION
H. R. 873
IN THE SENATE OF THE UNITED STATES
MAY 24 (legislative day, APRIL 19), 1993
Received; read twice and referred to the Committee on Energy and Natural
Resources
AN ACT
To provide for the consolidation and protection of the
Gallatin Range.
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 Range Con-
solidation and Protection Act of 1993’’.
SEC. 2. FINDINGS.
The Congress finds that:
(1) It has been the clear policy of the Federal
Government since 1925 to consolidate the checker-
board lands along the Gallatin Range north of Yel-
lowstone National Park.
(2) These lands north of Yellowstone possess
outstanding natural characteristics and wildlife habi-
tat which give them high value as lands added to the
National Forest System.
(3) Although these lands have historically re-
mained pristine up to now, failure to consolidate at
this time will in the near future lead to fragmenta-
tion and development.
(4) The Federal Government has already in-
vested a great deal in keeping the lands along the
Gallatin Range protected from excess development.
SEC. 3. PLUM CREEK LAND EXCHANGE—GALLATIN AREA.
(a) IN GENERAL.—The Secretary of Agriculture
(hereinafter in this Act referred to as the ‘‘Secretary’’)
shall, subject to the provisions of sections 4(a) and 5(a)
and notwithstanding any other provision of law, acquire
by exchange and cash equalization in the amount of
$3,400,000, certain lands and interests in land of the
Plum Creek Timber, L.P. (hereinafter in this section re-
ferred to as the ‘‘company’’), in and adjacent to the
Hyalite-Porcupine-Buffalo Horn Wilderness Study Area,
the Scapegoat Wilderness Area, and other land in the Gal-
latin National Forest in accordance with this section.
(b) DESCRIPTION OF LANDS.—(1) If the company of-
fers to the United States the fee title, including mineral
interests, to approximately 37,752 and 15⁄100 acres of land
owned by the company which is available for exchange to
the United States as depicted on a map entitled ‘‘Plum
Creek Timber and Forest Service Proposed Gallatin Land
Exchange’’, dated May 20, 1988, the Secretary shall ac-
cept a warranty deed to such land and, in exchange there-
for, and subject to valid existing rights, upon such accept-
ance the Secretary of the Interior shall convey, subject to
valid existing rights, by patent the fee title to approxi-
mately 12,414 and 6⁄100 acres of National Forest System
lands available for exchange to the company as depicted
on such map, subject to—
(A) the reservation of ditches and canals re-
quired by the Act entitled ‘‘An Act making appro-
priations for sundry civil expenses of the Govern-
ment for the fiscal year ending June thirtieth, eight-
een hundred and ninety-one, and for other pur-
poses’’, approved August 30, 1890 (26 Stat. 391; 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 Sec-
retary and the company.
(2) On termination or relinquishment of the leases
referred to in paragraph (1), all the rights and interests
in land granted therein shall immediately vest in the com-
pany, its successors and assigns, and the Secretary shall
give notice of that event by a document suitable for record-
ing in the county wherein the leased lands are situated.
(c) EASEMENTS.—Reciprocal easements shall be ex-
changed at closing on the conveyances authorized by this
section—
(1) in consideration of the easements conveyed
by the company as provided in paragraph (2) of this
subsection, the Secretary shall, under authority of
the Act of October 13, 1964 (16 U.S.C. 532 et seq.;
commonly referred to as the ‘‘National Forest Roads
and Trails Act’’), or the Federal Land Policy and
Management Act of 1976, execute and deliver to the
company such easements or other rights-of-way au-
thorizations over federally owned lands included in
this exchange as may be agreed to by the Secretary
and the company in an exchange agreement; and
(2) in consideration of the easements conveyed
by the United States as provided in paragraph (1),
the company shall execute and deliver to the United
States such easements or other rights-of-way author-
izations across company-owned lands included in this
exchange as may be agreed to by the Secretary and
the company in an exchange agreement.
(d) TIMING OF TRANSACTION.—Subject to the provi-
sions of sections 4(a) and 5(a) of this Act, it is the intent
of Congress that the conveyances authorized by this sec-
tion be completed within 90 days after the date of enact-
ment of an Act making the appropriation authorized by
subsection (e).
(e) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section the
sum of $3,400,000, which amount the Secretary shall,
when appropriated, pay to the company to equalize the
value of the exchange of land authorized by this section.
(f) QUALITY OF TITLE.—Title to the properties ref-
erenced in this section to be offered to the United States
by Big Sky Lumber Company, its assignees or successors
in interest, shall include both the entire surface and sub-
surface estates without reservation or exception. The
owner shall be required to acquire any outstanding inter-
est in mineral or mineral rights, timber or timber rights,
water or water rights, or any other outstanding interest
in the property, except reservations by the United States
or the State of Montana by patent, in order to assure that
title to the property is transferred as described in this sec-
tion and sections 4, 5, and 6. Title to land to be conveyed
to the United States shall be acceptable to the Secretary
and shall otherwise be in conformity with title standards
for Federal land acquisitions.
(g) REFERENCES.—The reference and authorities of
this section referring to Plum Creek Timber Company,
L.P., shall also refer to its successors and assigns.
SEC. 4. LAND CONSOLIDATION; PORCUPINE AREA.
(a) IN GENERAL.—The exchange described in section
3 of this Act shall not be consummated by the Secretary
until the Secretary or a not-for-profit corporation (herein-
after in this section referred to as the ‘‘conservation en-
tity’’) exempt from Federal taxation under section
501(c)(3) of the Internal Revenue Code of 1986 acting
for later dispositions to the United States, shall have ac-
quired, by purchase or option to acquire, or exchange, all
of the Porcupine property for its fair market value, deter-
mined at the time of acquisition in accordance with ap-
praisal standards acceptable to the Secretary by an ap-
praiser acceptable to the Secretary and the owner. And
further that, if said acquisition or option to acquire has
been consummated by a conservation entity, said entity
shall have notified the Secretary that the quality of title
in fact secured meets applicable Forest Service standards
with respect to surface and subsurface estates or is other-
wise acceptable to the Secretary.
(b) AUTHORIZATION
OF ACQUISITION.—The Sec-
retary is authorized and directed to acquire by purchase
or exchange the lands and interests therein as depicted
on a map entitled ‘‘Porcupine Area’’, dated September,
1992.
(c) LAND ACQUISITION AUTHORITIES.—Acquisitions
pursuant to this section shall be under existing authorities
available to the Secretary.
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as are nec-
essary to carry out the purposes of this section. Funds
necessary for land acquisition are authorized to be appro-
priated from the Land and Water Conservation Fund.
(e) REFERENCES.—The reference and authorities of
this section referring to the owner shall mean the Big Sky
Lumber Company, and its successors and assigns.
SEC. 5. LAND CONSOLIDATION—TAYLOR FORK AREA.
(a) IN GENERAL.—The exchange described in section
3 of this Act shall not be consummated by the Secretary
until the Secretary or a not-for-profit corporation (herein-
after in this section referred to as the ‘‘conservation en-
tity’’) exempt from Federal taxation under section
501(c)(3) of the Internal Revenue Code of 1986 acting
for later disposition to the United States, shall have ac-
quired, by purchase or option to acquire, or exchange, all
(e) REFERENCES.—The reference and authorities of
this section referring to the owner shall mean the Big Sky
Lumber Company, and its successors and assigns.
(f) REPORTS TO CONGRESS.—For a period of 2 years
from the date of enactment of this Act, the Secretary shall
report annually to the Committee on Natural Resources
of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate, on the sta-
tus of the negotiations with the company or its successors
in interest to effect the land consolidation authorized by
this section.
SEC. 6. LAND CONSOLIDATION—GALLATIN AREA.
(a) IN GENERAL.—It is the policy of the Congress
that the Secretary shall attempt to acquire by purchase
or exchange all lands within what is generally known as
the Gallatin Range owned by Big Sky Lumber Company,
its assignees or successors in interest, not otherwise ac-
quired, purchased, or exchanged pursuant to sections 3
and 4 of this Act.
(b) AUTHORIZATION FOR ACQUISITION.—The Sec-
retary is authorized and directed to acquire by purchase
or exchange the lands and interests therein as depicted
on a map entitled ‘‘Gallatin Area’’, dated September 1992.
(c) LAND ACQUISITION AUTHORITIES.—Acquisitions
pursuant to this section shall be under existing authorities
available to the Secretary, except that notwithstanding
any other law, exchanges authorized in this section shall
not be restricted within the same State.
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as are nec-
essary to carry out the purposes of this section. Funds
necessary for land acquisition are authorized to be appro-
priated from the Land and Water Conservation Fund.
(e) QUALITY OF TITLE.—The quality of title to the
properties references in this section in fact secured shall
meet applicable Forest Service standards with respect to
surface and subsurface estates or shall otherwise be ac-
ceptable to the Forest Service.
(f) REFERENCES.—The references and authorities of
this section referring to the Big Sky Lumber Company,
shall also refer to its successors and assigns.
(g) REPORTS TO CONGRESS.—For a period of 3 years
from the date of enactment of this Act, the Secretary shall
report annually to the Committee on Natural Resources
of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate on the status
of the negotiations with the company or its successors in
interest to effect the land consolidation authorized by this
section.
SEC. 7. SEVERED MINERALS EXCHANGE.
(a) FINDINGS.—The Congress finds that—
(1) underlying certain areas in Montana de-
scribed in subsection (b) are mineral rights owned
by subsidiaries of Burlington Resources, Incor-
porated, its successors and assigns (referred to in
this section as the ‘‘company’’);
(2) there are federally-owned minerals underly-
ing lands of the company lying outside those areas;
(3) the company has agreed in principle with
the Department of Agriculture to an exchange of
mineral rights to consolidate surface and subsurface
ownerships and to avoid potential conflicts with the
surface management of such areas; and
(4) it is desirable that an exchange be com-
pleted within 2 years after the date of enactment of
this Act.
(b) DESCRIPTION
OF MINERAL INTERESTS.—(1)
Pursuant to an exchange agreement between the Secretary
and the company, the Secretary may acquire mineral in-
terests owned by the company or an affiliate of the com-
pany thereof underlying surface lands owned by the Unit-
ed States located in the areas depicted on the maps enti-
tled ‘‘Severed Minerals Exchange, Clearwater-Monture
Area’’, dated September 1988 and ‘‘Severed Minerals Ex-
changes, Gallatin Area’’, dated September 1988, or in
fractional sections adjacent to those areas.
(2) In exchange for the minerals interests conveyed
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 the company may agree upon.
(c) EQUAL VALUE.—(1) The value of mineral inter-
ests exchanged pursuant to this section shall be approxi-
mately equal based on available information.
(2) To ensure that the wilderness or other natural
values of the areas are not affected, a formal appraisal
based upon drilling or other surface disturbing activities
shall not be required for any mineral interest proposed for
exchange, but the Secretary and the company shall fully
share all available information on the quality and quantity
of mineral interests proposed for exchange.
(3) In the absence of adequate information regarding
values of minerals proposed for exchange, the Secretary
and the company may agree to an exchange on the basis
of mineral interests of similar development potential, geo-
logic character, and similar factors.
(d) IDENTIFICATION OF FEDERALLY OWNED MIN-
ERAL INTERESTS.—(1) 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 the company.
(2) If there are not sufficient federally owned mineral
interests of approximately equal value underlying lands,
the Secretary and the Secretary of the Interior may iden-
tify for exchange any other federally owned mineral inter-
est in land in the State of Montana of which the surface
estate is in private ownership.
(e) CONSULTATION WITH THE DEPARTMENT OF THE
INTERIOR.—(1) The Secretary shall consult with the Sec-
retary of the Interior in the negotiation of the exchange
agreement authorized by subsection (b), particularly with
respect to the inclusion in such an agreement of a provi-
sion calling for the exchange of federally owned mineral
interests lying outside the boundaries of units of the Na-
tional Forest System.
(2) Notwithstanding any other law, the Secretary of
the Interior shall convey the federally owned mineral inter-
ests identified in a final exchange agreement between the
Secretary of Agriculture and the company and its affili-
ates.
(f) DEFINITION.—For purposes of this section, the
term ‘‘mineral interests’’ includes all locatable and
leasable minerals, including oil and gas, geothermal re-
sources, and all other subsurface rights.
SEC. 8. GENERAL PROVISIONS.
(a) MAPS.—The maps referred to in sections 3, 4,
5, 6 and 7 are subject to such minor corrections as may
be agreed upon by the Secretary and the company. The
Secretary shall notify the Committee on Energy and Natu-
ral Resources of the United States Senate and the Com-
mittee on Natural Resources of the United States House
of Representatives of any corrections made pursuant to
the subsection. The maps shall be on file and available
for public inspection in the office of Chief, Forest Service,
United States Department of Agriculture.
(b) TITLE OF LANDS CONVEYED TO THE UNITED
STATES.—The rights, title and interests to any lands con-
veyed to the United States in furtherance of section 4 in
the Porcupine Area, section 5 in the Taylor Fork Area,
and section 6 in the Gallatin Area shall, at a minimum,
consist of the surface estate and all the subsurface rights
except that the Secretary may accept title subject to out-
standing or reserved oil and gas and geothermal rights,
except that there shall be no surface occupancy permitted
on such Federal lands for any access to reserved or out-
standing rights or any exploration or development thereof.
Notwithstanding any provision of State law, section
1323(a) of the Alaska National Interest Lands Conserva-
tion Act (16 U.S.C. 3210(a)), or similar law pertaining
to access over federally owned land, no portion of lands
acquired by the United States in furtherance of this Act
shall be available for access to, or exploration or develop-
ment of, any reserved or outstanding oil, gas, geothermal
or other non-Federal property interest.
(c) NATIONAL FOREST LANDS.—All lands conveyed
to the United States in furtherance of this Act shall be
added to and administered as part of the National Forest
System lands by the Secretary in accordance with the laws
and regulations pertaining to the National Forest System.
Until Congress determines otherwise, lands acquired with-
in the Hyalite-Porcupine-Buffalo Horn Wilderness Study
Area shall be managed so as to maintain the present wil-
derness character and potential for inclusion in the Na-
tional Wilderness Preservation System in accordance with
Public Law 95–150. Other lands acquired shall be subject
to the Gallatin National Forest planning process under the
Forest and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1601 et seq.).
Passed the House of Representatives May 20, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk.
HR 873 RFS——2