In the Senate of the United States,
August 4 (legislative day, June 30), 1993.
Resolved, That the bill from the House of Representa-
tives (H.R. 873) entitled ‘‘An Act to provide for the consoli-
dation and protection of the Gallatin Range’’, do pass with
the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be referred to as the ‘‘Gallatin Range
Consolidation and Protection Act of 1993’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) the lands north of Yellowstone National Park
possess outstanding natural characteristics and wild-
life 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 Secretary, acting through the Forest Service, to
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enter into an option agreement with Big Sky Lumber
Company and Louisiana Pacific Corporation to ful-
fill the purposes of this Act.
SEC. 3. BIG SKY LUMBER LAND EXCHANGE—GALLATIN
AREA.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Secretary of Agriculture (referred to in this
Act as the ‘‘Secretary’’, unless the context otherwise re-
quires) shall acquire by exchange certain lands and inter-
ests 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 Gal-
latin 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 mineral interests, to approximately
37,752 acres of land owned by the Company and
available for exchange, as depicted on two maps enti-
tled ‘‘Proposed BSL Land Acquisitions’’, East Half
and West Half Gallatin National Forest, dated Feb-
ruary 1993 the Secretary shall accept a warranty
deed to the land.
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(2) EXCHANGE.—In exchange for the lands de-
scribed in paragraph (1) and subject to valid existing
rights, the Secretary of the Interior shall convey, by
patent, the fee title to approximately 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—
(A) the reservation of ditches and canals re-
quired by the first section of the Act entitled ‘‘An
Act making appropriations for sundry civil ex-
penses of the Government for the fiscal year end-
ing 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, reserva-
tions, and exceptions as may be agreed upon by
the Secretary and the Company.
(3) TERMINATION OF LEASES.—
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(A) VESTING OF RIGHTS AND INTERESTS.—
Upon termination or relinquishment of the leases
referred to in paragraph (2)(B), all the rights
and interests in such leases reserved under para-
graph (2)(B) shall immediately vest in the Com-
pany 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 ac-
cordance with this subsection shall be conveyed at the
time of the exchange authorized by this section.
(2) CONVEYANCE BY THE SECRETARY.—The Sec-
retary shall, in consideration of the easements con-
veyed 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 Com-
pany such easements or other rights-of-way over feder-
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ally owned lands as may be agreed to by the Sec-
retary and the Company.
(3) CONVEYANCE BY THE COMPANY.—The Com-
pany shall, in consideration of the easements con-
veyed by the Secretary under paragraph (2), execute
and deliver to the United States such easements or
other rights-of-way across Company-owned lands in-
cluded 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 as-
signs, of grazing 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
permitees 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,
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the Montana Streamside Zone 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 Re-
sources of the Senate and the Committee on Natural
Resources of the House of Representatives concerning
the desirability of an exchange.
(e) TIMING OF TRANSACTION.—
(1) DETERMINATION.—The Secretary shall re-
view 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 ap-
praisal and title documents from the Company, deter-
mine whether—
(A) the applicable title standards for Fed-
eral land acquisition have been satisfied or the
quality of title is otherwise acceptable to the Sec-
retary;
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(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;
(D) the appraisals comply with applicable
Forest Service standards; and
(E) except as provided in section (8)(b), the
title includes both the surface and subsurface es-
tates 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 ap-
praisal and/or quality of title do not meet Federal
standards or are otherwise determined unacceptable to
the Secretary, the Secretary shall advise the Company
regarding corrective actions necessary to make an af-
firmative 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
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Secretary has made an affirmative determination
under paragraph (1).
(f) COMPLIANCE WITH OPTION.—Notwithstanding sec-
tion (3)(e)(2), the Secretary shall not consummate the con-
veyance of lands described in subsection (b)(2) until the Sec-
retary has determined that title to the lands described in
sections 4 and 5 have been escrowed as required by the docu-
ment entitled ‘‘Option Agreement 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 Com-
pany shall include references to the successors and assigns
of the Company.
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, determined at the time of acqui-
sition, in accordance with the appraisal standards specified
in the Option.
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(b) REPORTS TO CONGRESS.—The Secretary shall re-
port annually to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Re-
sources 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 ‘‘Ex-
hibit 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 stand-
ards specified in the Option.
(b) REPORTS TO CONGRESS.—The Secretary shall re-
port annually to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Re-
sources of the House of Representatives, on the status of the
pending acquisition authorized by this section.
SEC. 6. LAND CONSOLIDATION—GALLATIN ROADED AREA.
(a) ACQUISITION OF GALLATIN ROADED PROPERTY.—
The Secretary is authorized and directed to acquire, by pur-
chase or exchange, lands and interests in lands as listed
as ‘‘Exhibit A, Gallatin Roaded’’, in the Option, in accord-
ance with the terms and conditions of the Option not other-
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wise acquired, purchased, or exchanged under section 3, 4,
or 5.
(b) REPORTS TO CONGRESS.—The Secretary shall re-
port annually to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Re-
sources 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 de-
scribed in subsection (b) are mineral rights owned by
subsidiaries of Burlington Resources, Incorporated
and its successors and assigns (referred to in this Act
as ‘‘Burlington’’);
(2) there are federally owned minerals underly-
ing lands of Burlington lying outside those areas;
(3) Burlington has agreed in principle with the
Secretary to an exchange of mineral rights to consoli-
date 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.—
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(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 ‘‘Severed Min-
erals Exchange, Clearwater-Monture Area’’, dated
September 1988, and ‘‘Severed Mineral Exchanges,
Gallatin Area’’, dated September 1988, or in frac-
tional sections adjacent to the areas depicted on the
maps.
(2) EXCHANGE.—In exchange for the mineral in-
terests conveyed to the Secretary pursuant to para-
graph (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 in-
terests exchanged under subsection (b) shall be ap-
proximately equal in value based upon available in-
formation.
(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
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or other surface disturbing activities shall not be re-
quired for any mineral interest proposed for ex-
change, 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 in-
terests of similar development potential, geologic char-
acter, and similar factors.
(d) IDENTIFICATION OF FEDERALLY OWNED MINERAL
INTERESTS.—
(1) IN
GENERAL.—Subject to paragraph (2),
mineral interests conveyed by the United States pur-
suant to this section shall underlie lands the surface
of which are owned by Burlington.
(2) OTHER INTERESTS.—If there are not suffi-
cient federally owned mineral interests of approxi-
mately equal value underlying lands owned by Bur-
lington, the Secretary and the Secretary of the Inte-
rior 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.
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(e) CONSULTATION WITH THE DEPARTMENT OF THE
INTERIOR.—
(1) IN GENERAL.—The Secretary shall consult
with the Secretary of the Interior in the negotiation
of the exchange agreement 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 Secretary of the Interior shall convey the fed-
erally owned mineral interests identified in a final
exchange agreement between the Secretary of Agri-
culture and Burlington and affiliates of Burlington.
(f) MINERAL INTEREST DEFINED.—For purposes of
this section, the term ‘‘mineral interests’’ includes all
locatable and leasable minerals, including oil and gas, geo-
thermal resources, and 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 Sec-
retary shall notify the Committee on Energy and Natural
Resources of the United States Senate and the Committee
on Natural Resources of the United States House of Rep-
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resentatives of any corrections made pursuant to the sub-
section. The maps shall be on file and available for public
inspection in the office of Chief, Forest Service, USDA.
(b) TITLE
OF LANDS CONVEYED
TO
THE UNITED
STATES.—
(1) QUALITY OF TITLE AND RIGHTS.—Subject to
paragraph (2), the rights, title, and interests to lands
conveyed to the United States under sections 4, 5 and
6 shall, at a minimum, consist of the surface estate
and the subsurface rights owned by the Company or
Burlington where applicable.
(2) EXCEPTION.—The Secretary may accept title
subject to outstanding or reserved oil and gas and
geothermal rights, except that there shall be no surface
occupancy permitted on the lands acquired by the
United States under sections 4, 5, and 6 for access to
reserved or outstanding rights or exploration or devel-
opment of such lands.
(3) ACCESS.—No portion of lands acquired by
the United States under this Act shall be available for
access to, or exploration or development of, any re-
served or outstanding oil, gas, geothermal, or other
non-Federal property interest.
(c) NATIONAL FOREST LANDS.—