IB
Union Calendar No. 39
103D CONGRESS
1ST SESSION
H. R. 873
[Report No. 103–82, Part I]
Entitled the ‘‘Gallatin Range Consolidation and Protection Act of 1993’’.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 4, 1993
Mr. WILLIAMS introduced the following bill; which was referred to the
Committee on Natural Resources
MAY 6, 1993
Reported with amendments and referred to the Committee on Agriculture for
a period ending not later than May 7, 1993, for consideration of such
provisions of the bill and amendment as fall within the jurisdiction of
that committee pursuant to clause 1(a), rule X
[Strike out all after the enacting clause and insert the part printed in italic]
MAY 7, 1993
Committee on Agriculture discharged; committed to the Committee of the
Whole House on the State of the Union, and ordered to be printed
[For text of the introduced bill, see copy of bill as introduced on February 4, 1993]
A BILL
Entitled the ‘‘Gallatin Range Consolidation and Protection
Act of 1993’’.
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 Consoli-
dation 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 out-
standing natural characteristics and wildlife habitat
which give them high value as lands added to the Na-
tional 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 (here-
inafter in this Act referred to as the ‘‘Secretary’’) shall, sub-
ject to the provisions of sections 4(a) and 5(a) and notwith-
standing 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 referred 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 Gallatin 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 in-
terests, 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 accept
a warranty deed to such land and, in exchange therefor,
and subject to valid existing rights, upon such acceptance
the Secretary of the Interior shall convey, subject to valid
existing rights, by patent the fee title to approximately
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 Government
for the fiscal year ending June thirtieth, eighteen
hundred and ninety-one, and for other purposes’’, ap-
proved 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 re-
ferred 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.; com-
monly referred to as the ‘‘National Forest Roads and
Trails Act’’), or the Federal Land Policy and Man-
agement Act of 1976, execute and deliver to the com-
pany such easements or other rights-of-way authoriza-
tions over federally owned lands included in this ex-
change 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 section
be completed within 90 days after the date of enactment
of an Act making the appropriation authorized by sub-
section (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 owner
shall be required to acquire any outstanding interest 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 section
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 entity’’)
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 acquired, by purchase or
option to acquire, or exchange, all of the Porcupine property
for its fair market value, determined at the time of acquisi-
tion in accordance with appraisal standards acceptable to
the Secretary by an appraiser acceptable to the Secretary
and the owner. And further that, if said acquisition or op-
tion 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 Serv-
ice standards with respect to surface and subsurface estates
or is otherwise acceptable to the Secretary.
(b) AUTHORIZATION OF ACQUISITION.—The Secretary
is authorized and directed to acquire by purchase or ex-
change 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 necessary
to carry out the purposes of this section. Funds necessary
for land acquisition are authorized to be appropriated 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 entity’’)
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 acquired, by purchase or
option to acquire, or exchange, all of the Taylor Fork prop-
erty for its fair market value, determined at the time of
acquisition in accordance with appraisal standards accept-
able to the Secretary by an appraiser acceptable to the Sec-
retary and the owner. And further that, if said acquisition
or option to acquire has been consummated by a conserva-
tion entity, said entity shall have notified the Secretary
that the quality of title in fact secured meets applicable For-
est Service standards with respect to surface and subsurface
estates or is otherwise 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 necessary
to carry out the purposes of this section. Funds necessary
for land acquisition are authorized to be appropriated 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 status 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 ex-
change all lands within what is generally known as the Gal-
latin Range owned by Big Sky Lumber Company, its as-
signees or successors in interest, not otherwise acquired,
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 necessary
to carry out the purposes of this section. Funds necessary
for land acquisition are authorized to be appropriated 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 accept-
able 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, Incorporated,
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 owner-
ships and to avoid potential conflicts with the surface
management of such areas; and
(4) it is desirable that an exchange be completed
within 2 years after the date of enactment of this Act.
(b) DESCRIPTION OF MINERAL INTERESTS.—(1) Pur-
suant to an exchange agreement between the Secretary and
the company, the Secretary may acquire mineral interests
owned by the company or an affiliate of the company there-
of underlying surface lands owned by the United States lo-
cated in the areas depicted on the maps entitled ‘‘Severed
Minerals Exchange, Clearwater-Monture Area’’, dated Sep-
tember 1988 and ‘‘Severed Minerals Exchanges, Gallatin
Area’’, dated September 1988, or in fractional sections adja-
cent 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 interests
exchanged pursuant to this section shall be approximately
equal based on available information.
(2) To ensure that the wilderness or other natural val-
ues 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 min-
eral 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 min-
eral interests of similar development potential, geologic
character, and similar factors.
(d) IDENTIFICATION OF FEDERALLY OWNED MINERAL
INTERESTS.—(1) Subject to paragraph (2), mineral inter-
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-
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, 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 outstanding or re-
served 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 outstanding rights or
any exploration or development thereof. Notwithstanding
any provision of State law, section 1323(a) of the Alaska
National Interest Lands Conservation 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 development of, any reserved or out-
standing 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 reg-
ulations pertaining to the National Forest System. Until
Congress determines otherwise, lands acquired within the
Hyalite-Porcupine-Buffalo Horn Wilderness Study Area
shall be managed so as to maintain the present wilderness
character and potential for inclusion in the National Wil-
derness 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.).
Amend the title so as to read: ‘‘A bill to provide for
the consolidation and protection of the Gallatin Range.’’.
HR 873 RH——2