I
104TH CONGRESS
2D SESSION
H. R. 3088
To provide for the exchange of certain federally owned lands and mineral
interests therein, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 14, 1996
Mr. BREWSTER (for himself, Mr. DICKEY, and Mr. HUTCHINSON) introduced
the following bill; which was referred to the Committee on Resources, and
in addition to the Committee on Agriculture, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To provide for the exchange of certain federally owned lands
and mineral interests therein, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds that:
(1) The Weyerhaeuser Company has offered to
the United States Government an exchange of lands
under which Weyerhaeuser would receive approxi-
mately 50,000 acres of Federal land in Arkansas
and Oklahoma in return for conveying to the United
States lands owned by Weyerhaeuser consisting of
approximately 165,000 acres of forested wetlands
and other forest land of public interest in Arkansas
and Oklahoma, consisting of—
(A) certain Arkansas Ouachita lands lo-
cated near Lake Ouachita, Little Missouri Wild
and Scenic River, Flatside Wilderness and the
Ouachita National Forest;
(B) certain lands in Oklahoma located
near the McCurtain County Wilderness, the
Broken Bow Reservoir, the Glover River, and
the Ouachita National Forest; and
(C) certain Arkansas Cossatot lands lo-
cated on the Little and Cossatot Rivers and
identified as the ‘‘Pond Creek Bottoms’’ in the
Lower Mississippi River Delta section of the
North American Waterfowl Management Plan.
(2) Acquisition of the Arkansas Cossatot lands
by the United States will remove the lands in the
heart of a critical wetland ecosystem from sustained
timber production and other development.
(3) The acquisition of the Arkansas Ouachita
lands and the Oklahoma lands by the United States
for administration by the Forest Service will provide
an opportunity for enhancement of ecosystem man-
agement of the National Forest System lands and
resources.
(4) The Arkansas Ouachita lands and the Okla-
homa lands have outstanding wildlife habitat and
important recreational values and should continue to
be made available for activities such as public hunt-
ing, fishing, trapping, nature observation, enjoy-
ment, education, and timber management.
(5) Private use of the lands the United States
will convey to Weyerhaeuser will not conflict with es-
tablished management objectives on adjacent Fed-
eral lands.
(6) The lands the United States will convey to
Weyerhaeuser as part of the exchange described in
paragraph (1) do not contain comparable fish, wild-
life, or wetland values.
(7) The United States will convey all mineral
interests and oil and gas interests to Weyerhaeuser
on or under all surface acres designated to be ex-
changed pursuant to the exchange described in para-
graph (1) in which the Federal Government owns
such interests.
(8) Pursuant to such exchange, Weyerhaeuser
will convey to the United States all mineral interests
and equivalent oil and gas interests on or under all
surface acres designated to be exchanged pursuant
to the exchange described in paragraph (1) in which
Weyerhaeuser owns such interests.
(9) The United States and Weyerhaeuser have
agreed to the values and boundaries of all lands,
mineral interests, and oil and gas interests to be
conveyed in the exchange and concur that the lands,
mineral interests, and oil and gas interests to be
conveyed by Weyerhaeuser and the lands, mineral
interests, and oil and gas interests to be conveyed by
the United States area approximately equal in value.
(10) The exchange of lands, mineral interests,
and oil and gas interests between Weyerhaeuser and
the United States is in the public interest.
(b) PURPOSE.—The purpose of this Act is to author-
ize and direct the Secretary of the Interior and the Sec-
retary of Agriculture to enter into an exchange of lands,
mineral interests, and oil and gas interests that will pro-
vide environmental, land management, recreational, and
economic benefits to the States of Arkansas and Okla-
homa and to the United States.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) LAND.—The terms ‘‘land’’ or ‘‘lands’’ mean
the surface estate and any other interests therein ex-
cept for mineral interests and oil and gas interests.
(2) MINERAL INTERESTS.—The term ‘‘mineral
interests’’ means geothermal steam and heat and all
metals, ores, and minerals of any nature whatsoever,
except oil and gas interests, in or upon lands subject
to this Act including,but not limited to, coal, lignite,
peat, rock, sands, gravel, and quartz.
(3) OIL AND GAS INTERESTS.—The term ‘‘oil
and gas interests’’ means all oil and gas of any na-
ture whatsoever including carbon dioxide, helium,
and gas taken from coal seams (collectively ‘‘oil and
gas’’) together with the right to enter lands for the
purpose of exploring the lands for oil and gas and
drilling, opening, developing, and working wells on
such lands and taking out and removing from such
lands all such oil and gas together with the right to
occupy and make use of as much of the surface of
said lands as may reasonably be necessary for these
purposes subject to the Secretary of Agriculture’s
rules and regulations set forth in section 251.15 of
title 36, Code of Federal Regulations.
(4) SECRETARIES.—The term ‘‘Secretaries’’
means the Secretary of the Interior and the Sec-
retary of Agriculture.
(5) 
WEYERHAEUSER.—The 
term 
‘‘Weyer-
haeuser’’ means Weyerhaeuser Company, a company
incorporated in the State of Washington.
SEC. 3. EXCHANGE.
(a) EXCHANGE OF LANDS AND MINERAL INTER-
ESTS.—
(1) IN GENERAL.—Subject to paragraph (2),
within 120 days after the date of the enactment of
this Act, the Secretary of Agriculture shall convey to
Weyerhaeuser, subject to any valid existing rights,
approximately 20,000 acres of Federal lands and
mineral interests in the State of Arkansas and ap-
proximately 30,000 acres of Federal lands and min-
eral interests in the State of Oklahoma as depicted
for exchange on maps entitled ‘‘Arkansas-Oklahoma
Land Exchange—Federal Arkansas and Oklahoma
Lands’’, dated llllll 1996 and available for
public inspection in appropriate offices of the Sec-
retaries.
(2) OFFER AND ACCEPTANCE OF LANDS.—The
Secretary of Agriculture shall make the conveyance
to Weyerhaeuser if Weyerhaeuser offers deeds of
title, subject to limitations and the reservation de-
scribed in subsection (b), acceptable to the Secretary
of Agriculture that convey to the United States the
following:
(A) Approximately 110,000 acres of lands
and mineral interests owned by Weyerhaeuser
in the State of Oklahoma, as depicted for trans-
fer to the United States upon a map entitled
‘‘Arkansas-Oklahoma 
Land 
Exchange—
Weyerhaeuser 
Oklahoma 
Lands’’, 
dated
llllll 1996 and available for public in-
spection in appropriate offices of the Secretar-
ies.
(B) Approximately 30,000 acres of lands
and mineral interests owned by Weyerhaeuser
in the State of Arkansas, as depicted for trans-
fer to the United States upon a map entitled
‘‘Arkansas-Oklahoma 
Land 
Exchange—
Weyerhaeuser 
Arkansas 
Ouachita 
Lands’’,
dated llllll 1996 and available for
public inspection in appropriate offices of the
Secretaries.
(C) Approximately 25,000 acres of lands
and mineral interests owned by Weyerhaeuser
in the State of Arkansas, as depicted for trans-
fer to the United States upon a map entitled
‘‘Arkansas-Oklahoma 
Land 
Exchange—
Weyerhaeuser Arkansas Cossatot Lands’’, dated
llllll 1996 and available for public in-
spection in appropriate offices of the Secretar-
ies.
(b) EXCHANGE OF OIL AND GAS INTERESTS.—
(1) IN GENERAL.—Subject to paragraph (2), at
the same time as the land and mineral interests ex-
change is carried out pursuant to this section, the
Secretary of Agriculture shall exchange all Federal
oil and gas interests, including existing leases and
other agreements, in the lands described in sub-
section (a)(1) for equivalent oil and gas interests, in-
cluding existing leases and other agreements, owned
by Weyerhaeuser in the lands described in sub-
section (a)(2). Any exchange of oil and gas interests
pursuant to this Act may be made without regard to
the limitations requiring that exchanges be made
within the same State under section 206 of the Fed-
eral Lands Policy and Management Act of 1976 (43
U.S.C. 1716).
(2) RESERVATION.—In addition to exchanging
oil and gas interests pursuant to paragraph (1), to
account for the acreage imbalance in the exchange
required under this Act, there is hereby reserved to
Weyerhaeuser, its successors, and assigns until De-
cember 31, 2041, and for so long thereafter that oil
or gas is produced therefrom (‘‘term reservation’’),
all oil and gas in and under the acreage imbalance
lands depicted for reservation by Weyerhaeuser upon
a map entitled ‘‘Arkansas-Oklahoma Land Ex-
change—Weyerhaeuser Oil and Gas Interest Res-
ervation Lands’’, dated llllll 1996 and
available for public inspection in appropriate offices
of the Secretaries. Beginning January 1, 2042, there
is hereby reserved to Weyerhaeuser, its successors
and assigns, a proportionately reduced 6.25 percent
of 8/8’s overriding royalty interest in all oil and gas
produced from any well in any governmental section
adjacent to or cornering a section in which oil and
gas is being produced at the expiration of the term
reservation (‘‘overriding royalty’’). The overriding
royalty will continue until either the producing well
(a well producing on December 31, 2041) ceases
production or until all federally leased wells to which
the overriding royalty applies cease production,
which is later.
(c) GENERAL PROVISIONS.—
(1) VALUATION.—The lands, mineral interests,
and oil and gas interests exchanged pursuant to this
Act shall be approximately equal in value, as deter-
mined by the Secretaries and agreed to by
Weyerhaeuser. To ensure that the natural values of
the area are not affected by the exchange, a formal
appraisal based upon drilling or other surface dis-
turbing activities shall not be required for any min-
eral interests or oil and gas interests exchanged.
(2) MAPS CONTROLLING.—The acreage cited in
this Act is approximate. In the case of a discrepancy
between the description of lands, mineral interests,
and/or oil and gas interests to be exchanged pursu-
ant to subsection (a) and the lands, mineral inter-
ests, and/or oil and gas interests depicted on a map
referred to in such subsection, the map shall control.
Subject to the notification required by paragraph
(3), the maps referenced in this Act are subject to
such minor corrections as may be agreed upon by
the Secretaries and Weyerhaeuser.
(3) FINAL
MAPS.—Not later than 180 days
after the conclusion of the exchange required by sub-
section (a), the Secretaries shall transmit maps ac-
curately depicting the lands and mineral interests
conveyed and transferred pursuant to this Act and
the acreage and boundary descriptions of such lands
and mineral interests to the Committees on Energy
and Natural Resources of the Senate and the Com-
mittee on Resources of the House of Representa-
tives.
(4) CANCELLATION.—If, before the exchange
has been carried out pursuant to subsections (a) and
(b), Weyerhaeuser provides written notification to
the Secretaries that Weyerhaeuser no longer intends
to complete the exchange, with respect to the lands,
mineral interests, and oil and gas interests that
would otherwise be subject to the exchange, the sta-
tus of such lands, mineral interests, and oil and gas
interests shall revert to the status of such lands,
mineral interests, and oil and gas interests as of the
day before the date of enactment of this Act and
shall be managed in accordance with applicable man-
agement plans.
(5) WITHDRAWAL.—Subject to valid existing
rights, the lands, mineral interests, and oil and gas
interests depicted for conveyance to Weyerhaeuser
for possible exchange on the maps referenced in sub-
sections (a) and (b) are withdrawn from all forms of
entry and appropriation under the public land laws
(including the mining laws); and from the operation
of mineral leasing and geothermal steam leasing
laws effective upon the date of the enactment of this
Act. Such withdrawal shall terminate 45 days after
completion of the exchange provided for in sub-
sections (a) and (b) or on the date of notification by
Weyerhaeuser of a decision not to complete the ex-
change.
SEC. 4. DESIGNATION AND USE OF LANDS ACQUIRED BY
THE UNITED STATES.
(a) NATIONAL FOREST SYSTEM.—
(1) ADDITION TO THE SYSTEM.—Upon accept-
ance of title by the Secretary of Agriculture, the
140,000 acres of land conveyed to the United States
pursuant to section 3(a)(2) (A) and (B) of this Act
shall be administered by the Secretary of Agriculture
in accordance with the laws and regulations pertain-
ing to the National Forest system.
(2) PLAN
AMENDMENTS.—Within 36 months
after the completion of the exchange required by this
Act, the Secretary of Agriculture shall amend appli-
cable land and resource management plans and ac-
companying documents pursuant to section 6 of the
Forest and Rangeland Renewable Resources Plan-
ning Act of 1974, as amended by the National For-
est Management Act of 1976 (16 U.S.C. 1604).
(b) OTHER.—
(1) ADDITION
TO
THE
NATIONAL
WILDLIFE
REFUGE
SYSTEM.—Once acquired by the United
States, the 25,000 acres of land identified in section
3(a)(2)(C), the Cossatot lands, shall be managed by
the Secretary of the Interior as a component of the
Cossatot National Wildlife Refuge in accordance
with the National Wildlife Refuge System Adminis-
tration Act of 1966 (16 U.S.C. 668dd–668ee).
(2) PLAN
PREPARATION.—Within 24 months
after the completion of the exchange required by this
Act, the Secretary of the Interior shall prepare and
implement a single refuge management plan for the
Cossatot National Wildlife Refuge, as expanded by
this Act. Such plans shall recognize the important
public purposes served by the nonconsumptive activi-
ties, other recreational activities, and wildlife-related
public use, including hunting, fishing and trapping.
The plan shall permit, to the maximum extent prac-
ticable, compatible uses to the extent that they are
consistent with sound wildlife management and in
accordance with the National Wildlife Refuge Sys-
tem Administration Act of 1966 (16 U.S.C. 668dd–
668ee) and other applicable laws. Any regulations
promulgated by the Secretary of the Interior with
respect to hunting, fishing, and trapping on those
lands shall, to the extent practicable, be consistent
with State fish and wildlife laws and regulations. In
preparing the management plan and regulations, the
Secretary of the Interior shall consult with the Ar-
kansas Game and Fish Commission.
(3) INTERIM USE OF LANDS.—
(A) IN GENERAL.—Except as provided in
paragraph (2), during the period beginning on
the date of the completion of the exchange of
lands required by this Act and ending on the
first date of the implementation of the plan pre-
pared under paragraph (2), the Secretary of the
Interior shall administer all lands added to the
Cossatot National Wildlife Refuge pursuant to
this Act in accordance with the National Wild-
life Refuge System Administration Act of 1966
(16 U.S.C. 668dd–668ee) and other applicable
laws.
(B) HUNTING SEASONS.—During the pe-
riod described in subparagraph (A), the dura-
tion of any hunting season on the lands de-
scribed in paragraph (1) shall comport with the
applicable State law.
SEC. 5. OUACHITA NATIONAL FOREST BOUNDARY ADJUST-
MENT.
(a) IN GENERAL.—Upon acceptance of title by the
Secretary of Agriculture of the lands conveyed to the
United States pursuant to section 3(a)(2) (A) and (B),
the boundaries of the Ouachita National Forest shall be
adjusted to encompass those lands conveyed to the United
States generally depicted on the maps entitled ‘‘Arkansas-
Oklahoma Land Exchange—Weyerhaeuser Oklahoma
Lands’’ and ‘‘Arkansas-Oklahoma Land Exchange—
Weyerhaeuser 
Arkansas 
Ouachita 
Lands’’, 
dated
llllll 1996. For the purpose of section 7 of the
Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l–9), the boundaries of the Ouachita National
Forest, as adjusted by this Act, shall be considered to be
the boundaries of the Forest as of January 1, 1965.
(b) MAPS
AND BOUNDARY DESCRIPTIONS.—Not
later than 180 days after the date of enactment of this
Act, the Secretary of Agriculture shall prepare a boundary
description of the lands depicted on the maps referred to
in section 3(a)(2) (A) and (B). Such maps and boundary
description shall have the same force and effect as if in-
cluded in this Act, except that the Secretary of Agriculture
may correct clerical and typographical errors.
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