H. R. 2107—71
(f) PAYMENT IN LIEU OF TAXES.—The Federal portion of the
Headwaters Forest acquired pursuant to this section shall be
entitlement land under section 6905 of title 31 of the United States
Code.
(g) OUT-YEAR BUDGET LIMITATIONS.—The following funding
limitations and parameters shall apply to the Headwaters Forest
acquired under subsection (a)—
(1) At least 50 percent of the total funds for management
of such lands above the annual level of $100,000 shall (with
the exception of law enforcement activities and emergency
activities) be from non-Federal sources.
(2) Subject to appropriations, the authorized annual Fed-
eral funding for management of such land is $300,000 (with
the exception of law enforcement activities and emergency
activities).
(3) The Secretary of the Interior or the Headwaters Forest
Management Trust referenced in subsection (h) is authorized
to accept and use donations of funds and personal property
from the State of California, private individuals, and other
nongovernmental entities for the purpose of management of
the Headwaters Forest.
(h) HEADWATERS FOREST MANAGEMENT TRUST.—The Secretary
of the Interior is authorized, with the written concurrence of the
Governor of the State of California, to establish a Headwaters
Forest Management Trust (‘‘Trust’’) for the management of the
Headwaters Forest as follows:
(1) MANAGEMENT
AUTHORITY.—The Secretary of the
Interior is authorized to vest management authority and
responsibility in the Trust composed of a board of five trustees
each appointed for terms of three years. Two trustees shall
be appointed by the Governor of the State of California. Three
trustees shall be appointed by the President of the United
States. The first group of trustees shall be appointed within
60 days of exercising the authority under this subsection and
the terms of the trustees shall begin on such day. The Secretary
of the Interior, the Secretary of Resources of the State of
California, and the Chairman of the Humboldt County Board
of Supervisors shall be nonvoting, ex officio members of the
board of trustees. The Secretary is authorized to make grants
to the Trust for the management of the Headwaters Forest
from amounts authorized and appropriated.
(2) OPERATIONS.—The Trust shall have the power to
develop and implement the management plan for the Head-
waters Forest.
(i) MANAGEMENT PLAN.—
(1) IN GENERAL.—A concise management plan for the Head-
waters Forest shall be developed and periodically amended
as necessary by the Secretary of the Interior in consultation
with the State of California (and in the case that the authority
provided in subsection (h) is exercised, the trustees shall
develop and periodically amend the management plan), and
shall meet the following requirements:
(A) Management goals for the plan shall be to conserve
and study the land, fish, wildlife, and forests occurring
on such land while providing public recreation opportuni-
ties and other management needs.
H. R. 2107—72
(B) Before a management structure and management
plan are adopted for such land, the Secretary of the Interior
or the board of trustees, as the case may be, shall submit
a proposal for the structure and plan to the Committee
on Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives.
The proposed management plan shall not become effective
until the passage of 90 days after its submission to the
Committees.
(C) The Secretary of the Interior or the board of trust-
ees, as the case may be, shall report annually to the
Committee on Energy and Natural Resources of the Senate,
the Committee on Resources of the House of Representa-
tives, and the House and Senate Committees on Appropria-
tions concerning the management of lands acquired under
the authority of this section and activities undertaken on
such lands.
(2) PLAN.—The management plan shall guide general
management of the Headwaters Forest. Such plan shall address
the following management issues—
(A) scientific research on forests, fish, wildlife, and
other such activities that will be fostered and permitted
on the Headwaters Forest;
(B) providing recreation opportunities on the Head-
waters Forest;
(C) access to the Headwaters Forest;
(D) construction of minimal necessary facilities within
the Headwaters Forest so as to maintain the ecological
integrity of the Headwaters Forest;
(E) other management needs; and
(F) an annual budget for the management of the Head-
waters Forest, which shall include a projected revenue
schedule (such as fees for research and recreation) and
projected expenses.
(3) COMPLIANCE.—The National Environmental Policy Act
shall apply to the development and implementation of the
management plan.
(j) COOPERATIVE MANAGEMENT.—
(1) The Secretary of the Interior may enter into agreements
with the State of California for the cooperative management
of any of the following: Headwaters Forest, Redwood National
Park, and proximate State lands. The purpose of such agree-
ments is to acquire from and provide to the State of California
goods and services to be used by the Secretary and the State
of California in cooperative management of lands if the Sec-
retary determines that appropriations for that purpose are
available and an agreement is in the best interests of the
United States; and
(2) an assignment arranged by the Secretary under section
3372 of title 5, United States Code, of a Federal or State
employee for work in any Federal or State of California lands,
or an extension of such assignment, may be for any period
of time determined by the Secretary or the State of California,
as appropriate, to be mutually beneficial.
SEC. 502. PROTECTION AND PRESERVATION OF YELLOWSTONE
NATIONAL PARK–ACQUISITION OF CROWN BUTTE MINING INTERESTS.
(a) AUTHORIZATION.—Subject to the terms and conditions of this
H. R. 2107—73
section, up to $65,000,000 from the Land and Water Conservation
Fund is authorized to be appropriated to acquire identified lands
and interests in lands referred to in the Agreement of August
12, 1996 to protect and preserve Yellowstone National Park.
(b) CONDITIONS
OF ACQUISITION AUTHORITY.—The Secretary
of Agriculture may not acquire the District Property until:
(1) the parties to the Agreement have entered into and
lodged with the United States District Court for the District
of Montana a consent decree as required under the Agreement
that requires, among other things, Crown Butte to perform
response or restoration actions (or both) or pay for such actions
in accordance with the Agreement;
(2) an appraisal of the District Property has been under-
taken, such appraisal has been reviewed for a period not to
exceed 30 days by the Comptroller General of the United States,
and such appraisal has been provided to the Committee on
Resources of the House of Representatives, the Committee on
Energy and Natural Resources of the Senate, and the House
and Senate Committees on Appropriations;
(3) after the Secretary of Agriculture issues an opinion
of value to the Committee on Resources of the House of Rep-
resentatives, the Committee on Energy and Natural Resources
of the Senate, and the House and Senate Committees on Appro-
priations for the land and property to be acquired by the
Federal Government; and
(4) the applicable requirements of the National Environ-
mental Policy Act have been met.
(c) ACQUISITION.—Notwithstanding any other provision of law,
the amount paid by the United States to acquire identified lands
and interests in lands referred to in the Agreement of August
12, 1996 to protect and preserve Yellowstone National Park may
exceed the value contained in the appraisal required by section
502(b)(2) if the Secretary of Agriculture certifies, in writing, to
Congress that such action is in the best interest of the United
States.
(d) DEPOSIT IN ACCOUNT.—Immediately upon receipt of pay-
ments from the United States, Crown Butte shall deposit
$22,500,000 in an interest bearing account in a private, federally
chartered financial institution that, in accordance with the Agree-
ment, shall be—
(1) acceptable to the Secretary of Agriculture; and
(2) available to carry out response and restoration actions.
The balance of amounts remaining in such account after comple-
tion of response and restoration actions shall be available to the
Secretary of Agriculture for use in the New World Mining District
for any environmentally beneficial purpose otherwise authorized
by law.
(e) MAINTENANCE AND REHABILITATION OF BEARTOOTH HIGH-
WAY.—
(1) MAINTENANCE.—The Secretary of Agriculture shall,
consistent with the funds provided herein, be responsible for—
(A) snow removal on the Beartooth Highway from mile-
post 0 in Yellowstone National Park, into and through
Wyoming, to milepost 43.1 on the border between Wyoming
and Montana; and
H. R. 2107—74
(B) pavement preservation, in conformance with a
pavement preservation plan, on the Beartooth Highway
from milepost 8.4 to milepost 24.5.
(2) REHABILITATION.—The Secretary of Agriculture shall
be responsible for conducting rehabilitation and minor widening
of the portion of the Beartooth Highway in Wyoming that
runs from milepost 24.5 to milepost 43.1.
(3) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to the Secretary of Agriculture—
(A) for snow removal and pavement preservation under
paragraph (1), $2,000,000; and
(B) for rehabilitation under paragraph (2), $10,000,000.
(4) AVAILABILITY OF FUNDS.—Within 30 days of the acquisi-
tion of lands and interests in lands pursuant to this section,
the funds authorized in subsection (e)(3) and appropriated here-
in for that purpose shall be made available to the Secretary
of Agriculture.
(f) RESPONSE AND RESTORATION PLAN.—The Administrator of
the Environmental Protection Agency and the Secretary of Agri-
culture shall approve or prepare a plan for response and restoration
activities to be undertaken pursuant to the Agreement and a quar-
terly accounting of expenditures made pursuant to such plan. The
plan and accountings shall be transmitted to the Committee on
Resources of the House of Representatives, the Senate Committee
on Energy and Natural Resources and the House and Senate
Committees on Appropriations.
(g) MAP.—The Secretary of Agriculture shall provide to the
Committee on Resources of the House of Representatives, the Sen-
ate Committee on Energy and Natural Resources and the House
and Senate Committees on Appropriations, a map depicting the
acreage to be acquired pursuant to this section.
(h) DEFINITIONS.—In this section:
(1) AGREEMENT.—The term ‘‘Agreement’’ means the agree-
ment in principle, concerning the District Property, entered
into on August 12, 1996 by Crown Butte Mines, Inc., Crown
Butte Resources Ltd., Greater Yellowstone Coalition, Northwest
Wyoming Resource Council, Sierra Club, Gallatin Wildlife
Association, Wyoming Wildlife Federation, Montana Wildlife
Federation, Wyoming Outdoor Council, Beartooth Alliance, and
the United States of America, with such other changes mutually
agreed to by the parties.
(2) BEARTOOTH HIGHWAY.—The term ‘‘Beartooth Highway’’
means the portion of United States Route 212 that runs from
the northeast entrance of Yellowstone National Park near Silver
Gate, Montana, into and through Wyoming to Red Lodge, Mon-
tana.
(3) CROWN BUTTE.—The term ‘‘Crown Butte’’ means Crown
Butte Mines, Inc. and Crown Butte Resources Ltd., acting
jointly.
(4) DISTRICT
PROPERTY.—The term ‘‘District Property’’
means the portion of the real property interests specifically
described as District Property in appendix B of the Agreement.
(5) NEW WORLD MINING DISTRICT.—The term ‘‘New World
Mining District’’ means the New World Mining District as
specifically described in appendix A of the Agreement.
SEC. 503. CONVEYANCE TO STATE OF MONTANA. (a) CONVEYANCE
REQUIREMENT.—Not later than January 1, 2001, but not prior to