Gallatin Land Consolidation Act of 1998
PL 105-267 (H.R.3381), enacted 10/19/1998

PUBLIC LAW 105-267—OCT. 19, 1998 
112 STAT. 2371 
Public Law 105-267 
105th Congress 
An Act 
To direct the Secretary of Agriculture and the Secretary of the Interior to exchange 
land and other assets with Big Sky Lumber Co. and other entities. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Gallatin Land Consolidation 
Act of 1998". 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) the land north of Yellowstone National Park possesses 
outstanding natural 
characteristics 
and 
wildlife 
habitats 
that make the land a valuable addition to the National Forest 
System; 
(2) it is in the interest of the United States to establish 
a logical and effective ownership pattern for the Gallatin 
National Forest, reducing long-term costs for taxpayers and 
increasing and improving public access to the forest; 
(3) it is in the interest of the United States for the Secretary 
of Agriculture to enter into an Option Agreement for the 
acquisition of land owned by Big Sky Lumber Co. to accomplish 
the purposes of this Act; and 
(4) other private property owners are willing to enter into 
exchanges that further improve the ownership pattern of the 
Gallatin National Forest. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) BLM LAND.—^The term "ELM land" means approxi-
mately 2,000 acres of Bureau of Land Management land (includ-
ing all appurtenances to the land) that is proposed to be 
acquired by BSL, as depicted in Exhibit B to the Option Agree-
ment. 
(2) BSL.—The term "BSL" means Big Sky Lumber Co., 
an Oregon joint venture, and its successors and assigns, and 
any other entities having a property interest in the BSL land. 
(3) BSL LAND.—^The term "BSL land" means approximately 
54,000 acres of land (including all appurtenances to the land 
except as provided in section 4(e)(l)(D)(i)) owned by BSL that 
is proposed to be acquired by the Secretary of Agriculture, 
as depicted in Exhibit A to the Option Agreement. 
Oct. 19, 1998 
[H.R. 3381] 
Gallatin Land 
ConsoUdation Act 
of 1998. 
Montana. 
112 STAT. 2372 
PUBLIC LAW 105-267—OCT. 19, 1998 
(4) EASTSIDE 
NATIONAL FORESTS.—The term "Eastside 
National Forests" means national forests east of the Continen-
tal Divide in the State of Montana, including the Beaverhead 
National Forest, Deerlodge National Forest, Helena National 
Forest, Custer National Forest, and Lewis and Clark National 
Forest. 
(5) NATIONAL FOREST SYSTEM LAND.—The term "National 
Forest System land" means approximately 29,000 acres of land 
(including all appurtenances to the land) owned by the United 
States in the Gallatin National Forest, Flathead National For-
est, Deerlodge National Forest, Helena National Forest, Lolo 
National Forest, and Lewis and Clark National Forest that 
is proposed to be acquired by BSL, as depicted in Exhibit 
B to the Option Agreement. 
(6) OPTION AGREEMENT.—^The term "Option Agreement" 
means— 
(A) the document signed by BSL, dated July 29, 1998, 
and entitled "Option Agreement for the Acquisition of Big 
Sky Lumber Co. Lands Pursuant to the Gallatin Range 
Consolidation and Protection Act of 1993"; 
(B) the exhibits and maps attached to the document 
described in subparagraph (A); and 
(C) an exchange agreement to be entered into between 
the Secretary and BSL and made part of the document 
described in subparagraph (A). 
(7) SECRETARY.—The "Secretary" means the Secretary of 
Agriculture. 
SEC. 4. GALLATIN LAND CONSOLIDATION COMPLETION. 
(a) IN GENERAL.—Notwithstanding any other provision of law, 
and subject to the terms and conditions of the Option Agreement— 
(1) if BSL offers title acceptable to the Secretary to the 
BSL land— 
(A) the Secretary shall accept a warranty deed to the 
BSL land and a quit claim deed to agreed to mineral 
interests in the BSL land; 
(B) the Secretary shall convey to BSL, subject to valid 
existing rights and to other terms, conditions, reservations, 
and exceptions as may be agreed to by the Secretary and 
BSL, fee title to the National Forest System land; and 
(C) the Secretary of the Interior shall convey to BSL, 
by patent or otherwise, subject to valid existing rights 
and other terms, conditions, reservations, and exceptions 
as may be agreed to by the Secretary of the Interior and 
BSL, fee title to the BLM land; 
(2) if BSL places title in escrow acceptable to the Secretary 
to IIV2 sections of the BSL land in the Taylor Fork area 
as set forth in the Option Agreement— 
(A) the Secretary shall place Federal land in the Bang-
tail and Doe Creek areas of the Gallatin National Forest, 
as identified in the Option Agreement, in escrow pending 
conveyance to the Secretary of the Taylor Fork land, as 
identified in the Option Agreement in escrow; 
(B) the Secretary, subject to the availability of funds, 
shall purchase IVT. sections of BSL land in the Taylor 
Fork area held in escrow and identified in the Option 
Agreement at a purchase price of $4,150,000; and 
PUBLIC LAW 105-267—OCT. 19, 1998 
112 STAT. 2373 
(C) the Secretary shall acquire the 4 Taylor Fork sec-
tions identified in the Option Agreement remaining in 
escrow, and any of the 6 sections referred to in subpara-
graph (B) for which funds are not available, by providing 
BSL with timber sale receipts from timber sales on the 
Gallatin National Forest and other eastside national forests 
in the State of Montana in accordance with subsection 
(c); and 
(3)(A) as funds or timber sale receipts are received by 
B S I ^ 
(i) the deeds to an equivalent value of BSL Taylor 
Fork land held in escrow shall be released and conveyed 
to the Secretary; and 
(ii) the escrow of deeds to an equivalent value of 
Federal land shall be released to the Secretary in accord-
ance with the terms of the Option Agreement; or 
(B) if funds or timber sale receipts are not provided to 
BSL as provided in the Option Agreement, BSL shall be entitled 
to receive patents and deeds to an equivalent value of the 
Federal land held in escrow. 
(b) VALUATION.— 
(1) IN GENERAL.—The property and other assets exchanged 
or conveyed by BSL and the United States under subsection 
(a) shall be approximately equal in value, as determined by 
the Secretary. 
(2) DIFFERENCE IN VALUE.—^To the extent that the property 
and other assets exchanged or conveyed by BSL or the United 
States under subsection (a) are not approximately equal in 
value, as determined by the Secretary, the values shall be 
equalized in accordance with methods identified in the Option 
Agreement. 
(c) TIMBER SALE PROGRAM.— 
(1) IN GENERAL.—^The Secretary shall implement a timber 
sale program, according to the terms and conditions identified 
in the Option Agreement and subject to compliance with 
applicable environmental laws (including regulations), judicial 
decisions, memoranda of understanding, small business set-
aside rules, and acts beyond the control of the Secretary, to 
generate sufficient timber receipts to purchase the portions 
of the BSL land in Taylor Fork identified in the Option Agree-
ment. 
(2) IMPLEMENTATION.—In implementing the timber sale 
program— 
(A) the Secretary shall provide BSL with a proposed 
annual schedule of timber sales; 
(B) as set forth in the Option Agreement, receipts 
generated from the timber sale program shall be deposited 
by the Secretary in a special account established by the 
Secretary and paid by the Secretary to BSL; 
(C) receipts from the Gallatin National Forest shall 
not be subject to the Act of May 23, 1908 (16 U.S.C. 
500); and 
'
^
^ 
(D) the Secretary shall fund the timber sale program 
' at levels determined by the Secretary to be commensurate 
with the preparation and administration of the identified 
timber sale program. 
(d) RIGHTS-OF-WAY.—^As specified in the Option Agreement— 
112 STAT. 2374 
PUBLIC LAW 105-267—OCT. 19, 1998 
(1) the Secretary, under the authority of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), 
shall convey to BSL such easements in or other rights-of-
way over National Forest System land for access to the land 
acquired by BSL under this Act for all lawful purposes; and 
(2) BSL shall convey to the United States such easements 
in or other rights-of-way over land owned by BSL for all lawful 
purposes, as may be agreed to by the Secretary and BSL. 
(e) QUALITY OF TITLE.— 
(1) DETERMlNATlON.^The Secretary shall review the title 
for the BSL land described in subsection (a) and, within 45 
days after receipt of all applicable title documents from BSL, 
determine whether— 
(A) the applicable title standards for Federal land 
acquisition have been satisfied and the quality of the title 
is otherwise acceptable to the Secretary of Agriculture; 
(B) all draft conveyances and closing documents have 
been received and approved; 
(C) a current title commitment verifying compliance 
with applicable title standards has been issued to the Sec-
retary; and 
(D) the title includes both the surface and subsurface 
estates without reservation or exception (except as specifi-
cally provided in this Act), including— 
(i) minerals, mineral rights, and mineral interests 
(including severed oil and gas surface rights), subject 
to and excepting other outstanding or reserved oil and 
gas rights; 
(ii) timber, timber rights, and timber interests 
(except those reserved subject to section 251.14 of title 
36, Code of Federal Regulations, by BSL and agreed 
to by the Secretary); 
(iii) water, water rights, ditch, and ditch rights; 
(iv) geothermal rights; and 
(v) any other interest in the property. 
(2) CONVEYANCE OF TITLE.— 
(A) IN GENERAL.—If the quality of title does not meet 
Federal stEindards or is otherwise determined to be 
unacceptable to the Secretary of Agriculture, the Secretary 
shall advise BSL regarding corrective actions necessary 
to make an affirmative determination under paragraph 
(1). 
(B) TITLE TO SUBSURFACE ESTATE.—^Title to the sub-
surface estate shall be conveyed by BSL to the Secretary 
in the same form and content as that estate is received 
by BSL from Burlington Resources Oil & Gas Company 
Inc. and Glacier Park Compsmy. 
(f) TIMING OF IMPLEMENTATION.— 
Deadlines. 
(1) LAND-FOR-LAND EXCHANGE.—^The Secretary shall accept 
the conveyance of land described in subsection (a) not later 
than 45 days after the Secretary has made an affirmative 
determination of quality of title. 
(2) 
LAND-FOR-TIMBER 
SALE 
RECEIPT 
EXCHANGE.—As 
provided in subsection (c) and the Option Agreement, the Sec-
retary shall make timber receipts described in subsection (a)(3) 
available not later than December 31 of the fifth full calendar 
year that begins after the date of the enactment of this Act. 
PUBLIC LAW 105-267—OCT. 19, 1998 
112 STAT. 2375 
(3) PURCHASE.—^The Secretary shall complete the purchase 
of BSL land under subsection (a)(2)(B) not later than 30 days 
after the date on which funds are made available for such 
purchase and an aftlrmative determination of quality of title 
is made with respect to the BSL land. 
SEC. 5. OTHER FACIUTATED EXCHANGES. 
(a) AUTHORIZED EXCHANGES.— 
(1) IN GENERAL.—The Secretary shall enter into the 
following land exchanges if the landowners are willing: 
(A) Wapiti land exchange, as outlined in the documents 
entitled "Non-Federal Lands in Facilitated Exchanges" and 
"Federal Lands in Facilitated Exchanges" and dated July 
1998. 
(B) Eightmile/West Pine land exchange as outlined 
in the documents entitled "Non-Federal Lands in Facili-
tated Exchanges" and "Federal Lands in Facilitated 
Exchanges" and dated July 1998. 
(2) EQUAL VALUE.—Before entering into an exchange under 
paragraph (1), the Secretary shall determine that the parcels 
of land to be exchanged are of approximately equal value, 
based on an appraisal. 
(b) SECTION ONE OF THE TAYLOR FORK LAND.— 
(1) IN GENERAL.—^The Secretary is encouraged to pursue 
a land exchange with the owner of section 1 of the Taylor 
Fork land after completing a full public process and an 
appraisal. 
(2) REPORT.—^The Secretary shall report to Congress on Deadline, 
the implementation of paragraph (1) not later than 180 days 
after the date of the enactment of this Act. 
SEC. 6. GENERAL PROVISIONS. 
(a) MINOR CORRECTIONS.— 
(1) IN GENERAL.—^The Option Agreement shall be subject 
to such minor corrections and supplemental provisions as may 
be agreed to by the Secretary and BSL. 
(2) NOTIFICATION.—The Secretary shall notify the Commit-
tee on Energy and Natural Resources of the Senate, the 
Committee on Resources of the House of Representatives, and 
each member of the Montana congressional delegation of any 
changes made under this subsection. 
(3) BOUNDARY ADJUSTMENT.— 
(A) IN GENERAL.—The boundary of the Gallatin 
National Forest is adjusted in the Wineglass and North 
Bridger area, as described on maps dated July 1998, upon 
completion of the conveyances. 
(B) No LIMITATION.—^Nothing in this subsection limits 
the authority of the Secretary to adjust the boundary pursu-
ant to section 11 of the Act of March 1, 1911 (commonly 
known as the "Weeks Act"; 16 U.S.C. 521). 
(C) ALLOCATION OF LAND AND WATER CONSERVATION 
FUND MONEYS.—For the purposes of section 7 of the Land 
and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-
9), boundaries of the Gallatin National Forest shall be 
considered to be the boundaries of the National Forest 
as of January 1, 1965. 
(b) PUBLIC AVAILABILITY.—^The Option Agreement— 
58-194 O - 98 - 18: QL 3 Part 3 
112 STAT. 2376 
PUBLIC LAW 105-267—OCT. 19, 1998 
(1) shall be on file and available for public inspection 
in the office of the Supervisor of the Gallatin National Forest; 
and 
(2) shall be filed with the county clerk of each of Gallatin 
County, Park County, Madison County, Granite County, 
Broadwater County, Meagher County, Flathead County, and 
Missoula County, Montana. 
(c) COMPLIANCE WITH OPTION AGREEMENT.—^The Secretary, the 
Secretary of the Interior, and BSL shall comply with the terms 
and conditions of the Option Agreement except to the extent that 
any provision of the Option Agreement conflicts with this Act. 
(d) STATUS OF LAND.—All land conveyed to the United States 
under this Act shall be added to and administered as part of 
the Gallatin National Forest and Deerlodge National Forest, as 
appropriate, in accordance with the Act of March 1, 1911 (5 U.S.C. 
515 et seq.), and other laws (including regulations) pertaining to 
the National Forest System. 
Deadlines. 
(e) MANAGEMENT.— 
(1) PUBLIC PROCESS.—Not later than 30 days after the 
date of completion of the land-for-land exchange under section 
4(f)(1), the Secretary shall initiate a public process to amend 
the Gallatin National Forest Plan and the Deerlodge National 
Forest Plan to integrate the acquired land into the plans. 
(2) PROCESS TIME.—^The amendment process under para-
graph (1) shall be completed as soon as practicable, and in 
no event later than 540 days after the date on which the 
amendment process is initiated. 
(3) LIMITATION.—^An amended management plan shall not 
permit surface occupancy on the acquired land for access to 
reserved or outstanding oil and gas rights or for exploration 
or development of oil and gas. 
(4) INTERIM MANAGEMENT.—Pending completion of the 
forest plan amendment process under paragraph (1), the Sec-
retary shall— 
(A) manage the acquired land under the standards 
and guidelines in the applicable land and resource manage-
ment plans for adjacent land managed by the Forest Serv-
ice; and 
(B) maintain all existing public access to the acquired 
land. 
(f) RESTORATION.— 
(1) IN GENERAL.—^The Secretary shall implement a restora-
tion program including reforestation and watershed enhance-
ments to bring the acquired land and surrounding national 
forest land into compliance with Forest Service standards and 
guidelines. 
(2) STATE AND LOCAL CONSERVATION CORPS.—In implement-
ing the restoration program, the Secretary shall, when prac-
ticable, use partnerships with State and local conservation 
corps, including the Montana Conservation Corps, under the 
Pubhc Lands Corps Act of 1993 (16 U.S.C. 1721 et seq.). 
(g) IMPLEMENTATION.—The Secretary of Agriculture 
shall 
ensure that sufficient funds are made available to the Gallatin 
National Forest to carry out this Act. 
PUBLIC LAW 105-267—OCT. 19, 1998 
112 STAT. 2377 
(h) REVOCATIONS.—^Notwithstanding any other provision of law, 
any pubUc orders withdrawing lands identified in the Option Agree-
ment from all forms of appropriation under the public land laws 
are revoked upon conveyance of the lands by the Secretary. 
SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as are 
necessary to carry out this Act. 
Approved October 19, 1998. 
LEGISLATIVE HISTORY—H.R. 3381 (S. 1719): 
HOUSE REPORTS: No. 105-723, Ft. 1 (Comm. on Resources). 
SENATE REPORTS: No. 105-329 accompanying S. 1719 (Comm. on Energy and 
Natural Resources). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
Sept. 23, considered and passed House. 
Oct. 2, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998): 
Oct. 20, Presidential statement. 
112 STAT. 2376 
PUBLIC LAW 105-267—OCT. 19, 1998 
(1) shall be on file and available for public inspection 
in the office of the Supervisor of the Gallatin National Forest; 
and 
(2) shall be filed with the county clerk of each of Gallatin 
County, Park County, Madison County, Granite County, 
Broadwater County, Meagher County, Flathead County, and 
Missoula County, Montana. 
(c) COMPLIANCE WITH OPTION AGREEMENT.—^The Secretary, the 
Secretary of the Interior, and BSL shall comply with the terms 
and conditions of the Option Agreement except to the extent that 
any provision of the Option Agreement conflicts with this Act. 
(d) STATUS OF LAND.—All land conveyed to the United States 
under this Act shall be added to and administered as part of 
the Gallatin National Forest and Deerlodge National Forest, as 
appropriate, in accordance with the Act of March 1, 1911 (5 U.S.C. 
515 et seq.), and other laws (including regulations) pertaining to 
the National Forest System. 
Deadlines. 
(e) MANAGEMENT.— 
(1) PUBLIC PROCESS.—Not later than 30 days after the 
date of completion of the land-for-land exchange under section 
4(f)(1), the Secretary shall initiate a public process to amend 
the Gallatin National Forest Plan and the Deerlodge National 
Forest Plan to integrate the acquired land into the plans. 
(2) PROCESS TIME.—^The amendment process under para-
graph (1) shall be completed as soon as practicable, and in 
no event later than 540 days after the date on which the 
amendment process is initiated. 
(3) LIMITATION.—^An amended management plan shall not 
permit surface occupancy on the acquired land for access to 
reserved or outstanding oil and gas rights or for exploration 
or development of oil and gas. 
(4) INTERIM MANAGEMENT.—Pending completion of the 
forest plan amendment process under paragraph (1), the Sec-
retary shall— 
(A) manage the acquired land under the standards 
and guidelines in the applicable land and resource manage-
ment plans for adjacent land managed by the Forest Serv-
ice; and 
(B) maintain all existing public access to the acquired 
land. 
(f) RESTORATION.— 
(1) IN GENERAL.—^The Secretary shall implement a restora-
tion program including reforestation and watershed enhance-
ments to bring the acquired land and surrounding national 
forest land into compliance with Forest Service standards and 
guidelines. 
(2) STATE AND LOCAL CONSERVATION CORPS.—In implement-
ing the restoration program, the Secretary shall, when prac-
ticable, use partnerships with State and local conservation 
corps, including the Montana Conservation Corps, under the 
Pubhc Lands Corps Act of 1993 (16 U.S.C. 1721 et seq.). 
(g) IMPLEMENTATION.—The Secretary of Agriculture 
shall 
ensure that sufficient funds are made available to the Gallatin 
National Forest to carry out this Act. 
PUBLIC LAW 105-267—OCT. 19, 1998 
112 STAT. 2377 
(h) REVOCATIONS.—^Notwithstanding any other provision of law, 
any pubUc orders withdrawing lands identified in the Option Agree-
ment from all forms of appropriation under the public land laws 
are revoked upon conveyance of the lands by the Secretary. 
SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as are 
necessary to carry out this Act. 
Approved October 19, 1998. 
LEGISLATIVE HISTORY—H.R. 3381 (S. 1719): 
HOUSE REPORTS: No. 105-723, Ft. 1 (Comm. on Resources). 
SENATE REPORTS: No. 105-329 accompanying S. 1719 (Comm. on Energy and 
Natural Resources). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
Sept. 23, considered and passed House. 
Oct. 2, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998): 
Oct. 20, Presidential statement. 
112 STAT. 2378 
PUBLIC LAW 105-268—OCT. 19, 1998 
Public Law 105-268 
105th Congress 
Oct. 19, 1998 
[H. R 3790] 
Library of 
Congress 
Bicentennial 
Commemorative 
Coin Act of 1998. 
31 use 5112 
note. 
An Act 
To require the Secretary of the Treasuiy to mint coins in commemoration of the 
bicentennial of the Library of Congress. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Library of Congress Bicentennial 
Commemorative Coin Act of 1998". 
SEC. 2. COIN SPECIFICATIONS. 
(a) DENOMINATIONS.—^The Secretary of the Treasury (hereafter 
in this Act referred to as the "Secretary") shall mint and issue 
the following coins: 
(1) $5 GOLD COINS.—Not more than 100,000 $5 coins, which 
shall— 
(A) weigh 8.359 grams; 
(B) have a diameter of 0.850 inches; and 
(C) contain 90 percent gold and 10 percent alloy. 
(2) $1 SILVER COINS.—Not more than 500,000 $1 coins, 
which shall— 
(A) weigh 26.73 grams; 
(B) have a diameter of 1.500 inches; and 
(C) contain 90 percent silver and 10 percent copper. 
(b) BIMETALLIC COINS.—^The Secretary may mint and issue 
not more than 200,000 $10 bimetallic coins of gold and platinum 
instead of the gold coins required under subsection (a)(1) in accord-
ance with such specifications as the Secretary determines to be 
appropriate. 
(c) LEGAL TENDER.—^The coins minted under this Act shall 
be legal tender, as provided in section 5103 of title 31, United 
States Code. 
SEC. 3. SOURCES OF BULUON. 
(a) PLATINUM AND GOLD.—The Secretary shall obtain platinum 
and gold for minting coins under this Act from available sources. 
(b) SILVER.—The Secretary may obtain silver for minting coins 
under this Act from stockpiles established under the Strategic and 
Critical Materials Stock Piling Act and from other available sources. 
SEC. 4. DESIGN OF COINS. 
(a) DESIGN REQUIREMENTS.— 
(1) IN GENERAL.—^The design of the coins minted under 
this Act shall be emblematic of the Library of Congress. 
(2) DESIGNATION AND INSCRIPTIONS.—On each coin minted 
under this Act there shall be—