II
Calendar No. 180
103D CONGRESS
1ST SESSION
H. R. 873
[Report No. 103–122]
To provide for the consolidation and protection of the Gallatin Range.
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
AUGUST 3 (legislative day, JUNE 30), 1993
Reported by Mr. JOHNSTON, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
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