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
of the Taylor Fork property for its fair market value, de-
termined 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 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 ‘‘Taylor Fork Area’’, dated September,
1992.
(c) LAND ACQUISITION AUTHORITIES.—Acquisition
pursuant to this section shall be under existing authorities
available to the Secretary, except that notwithstanding
any other provision of 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) 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.).
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
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 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 the map enti-
tled ‘‘Plum Creek Timber and Forest Service Pro-
posed Gallatin Land Exchange’’, dated May 20, 1988,
the Secretary shall accept a warranty deed to the
land.
(2) EXCHANGE.—In exchange for the lands de-
scribed in paragraph (1) and subject to valid existing
rights, the Secretary of Interior shall convey, by pat-
ent, the fee title to approximately 16,278 acres of Na-
tional Forest System lands available for exchange as
depicted on the maps referred to in paragraph (1),
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.—
(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-
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,
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 section 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;
(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
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 as depicted on
the map entitled ‘‘Porcupine Area’’, dated September, 1992,
in accordance with the terms and conditions of the Option
for the fair market value of such lands and interests, deter-
mined at the time of acquisition, in accordance with the
appraisal standards 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
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 depicted on
the map entitled ‘‘Taylor Fork Area’’, dated September,
1992, 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 standards 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.