Gallatin Range Consolidation and Protection Act of 1993
PL 103-91 (H.R.873), enacted 10/01/1993

PUBLIC LAW 103-91—OCT. 1, 1993 
107 STAT. 987 
Public Law 103-91 
103d Congress 
An Act 
To provide for the consolidation and protection of the Gallatin Range. 
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 referred to as the "Gallatin Range Consolida-
tion £ind Protection Act of 1993". 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) the lands north of Yellowstone National Park possess 
outstanding natural characteristics and wildlife habitats that 
give the lands high value as lands added to the National 
Forest System; and 
(2) it is in the interest of the United States for the Sec-
retary, acting throiigh the Forest Service, to enter into an 
option agreement with Big Sky Lumber Company and Louisi-
ana Pacific Corporation to fulfill the purposes of this Act. 
SEC. 3. BIG SKY LUMBEB^ LAND EXCHANGE—GALLATIN AREA. 
(a) IN GENERAL.—^^Notwithstanding any other provision of law, 
the Secretary of Agriculture (referred to in this Act as the "Sec-
retary", unless the context otherwise requires) shall acquire by 
exchange certain lands and interests in lands of the Big Sky Lumber 
Company (referred to in this Act as the "Companjr"), in and adjacent 
to the Hyalite-Porcupine-Buflfalo Horn Wilderness Study Area, the 
Scapegoat Wilderness Area, and other lands in the Gallatin 
National Forest in accordance with this section. 
(b) DESCRIPTION OI' LANDS.— 
(1) OFFER AND ACCEPTANCE OF LAND.—If the Company 
offers to the United States acceptable fee title, including min-
eral interests, to approximately 37,752 acres of land owned 
by the Company and available for exchange, as depicted on 
two maps entitled "Proposed BSL Land Acquisitions", East 
Half and West Half Gallatin National Forest, dated Februaiy 
1993 the Secretary shall accept a warranty deed to the land. 
(2) EXCHANGE.—In exchange for the lands described in 
paragraph (1) and subject to valid existing rights, the Secretary 
of the Interior shall convey, by patent, the fee title to approxi-
mately 16,278 acres of National Forest System lands available 
for exchange as depicted on the maps referred to in paragraph 
(1), and the five maps entitled "H.R. 873, the Gallatin Range 
Consolidation and Protection Act of 1993", Lolo and Flathead 
National Forest, subject to— 
Oct. 1, 1993 
[H.R. 873] 
Gallatin Range 
Consolidation 
and Protection 
Act of 1993. 
National Forest 
System. 
107 STAT. 988 
PUBLIC LAW 103-91—OCT. 1, 1993 
(A) the reservation of ditches and canals reqmred by 
the first section of the Act entitled "An Act making appro-
priations for sundry civil expenses of the Government for 
the fiscal year enoing June thirtieth, eighteen hundred 
and ninety-one, and for other purposes", approved August 
30,1890 (26 Stat. 371, chapter 837; 43 U.S.C. 945); 
(B) the reservation of rights under Federal Oil and 
Gas Lease niunbers 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 Secretary and 
the Company. 
(3) TERMINATION OF LEASES.— 
(A) VESTING OF RIGHTS AND INTERESTS.—Upon termi-
nation or relinquishment of the leases referred to in para-
graph (2XB), all the rights and interests in such leases 
reserved imder paragraph (2XB) shall immediately vest 
in the Company and its successors and assigns. 
(B) NOTICE.—^The Secretary shall provide notice of the 
termination or relinquishment of the leases referred to 
in paragraph (2XB) by a document suitable for recording 
in the county in which the leased lands are located. 
(c) EASEMENTS.— 
(1) IN GENERAL.—^Reciprocal easements in accordance with 
this subsection shall be conveyed at the time of tiie exchange 
auUiorized by this section. 
(2) CONVEYANCE BY THE SECRETARY.—^The Secretary shall, 
in consideration of the easements conveyed by the Company 
under paragraph (3), and under the authority of section 2 
of Public Law 88-257 (commonly known as the 'r^ational Forest 
Roads and Trails Act") (16 U.S.C. 533), or the Federal Lands 
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), 
execute and deliver to the Company such easements or other 
rights-of-way over federally owned lands as may be agreed 
to by the Secretary and the Company. 
(3) CONVEYANCE BY THE COMPANY.—^The Company shall, 
in consideration of the easements conveyed by the Secretary 
under paragraph (2), execute and deliver to the United States 
such easementis or other rights-of-way across Company-owned 
lands included in this exchange as may be agreed to by the 
Secretary and the Company. 
(d) NORTH BRIDGER RANGE.— 
(1) COVENANTS AND OTHER RESTRICTIONS.—AS a condition 
of the exchange, with respect to such lands depicted on the 
map entitled "North Bridger Range", dated May 1993, the 
Company shall agree that— 
(A) the holders, or their successors or assigns, of graz-
ing leases on such lands on the date of enactment of this 
Act shall be permitted to continue to use such lands for 
grazing under terms acceptable to the Company and the 
permittees for so long as the Company owns such lands 
and for two years after the Company has sold or disposed 
of such lands; and 
(B) the timber harvest practices used on such lands 
shall be conducted in accordance with Montana Forestry 
Best Management Practices, the Montana Streamside Zone 
PUBLIC LAW 103-91—OCT. 1, 1993 
107 STAT. 989 
Management Law (Mont. Code Ann. sec. 77-5-301 et seq.), 
and all other applicable laws of the State of Montana. 
(2) FUTURE ACQUISITION.—The Secretary shall consider the Reports. 
desirability of possible acquisition, through exchange under 
existing law, of any of the lands described in paragraph (1), 
and shall, not later than one year after the date of enactment 
of this Act, report to the Committee on Energy and Natural 
Resoiirces of the Senate and the Committee on Natural 
Resources of the House of Representatives concerning the desir-
ability of an exchange. 
(e) TIMING OF TRANSACTION.— 
(1) DETERMINATION.—The Secretary shall review the title 
for the non-Federal lands described in subsection (b), and the 
appraisal and titles for the non-Federal lands described in 
sections 4 and 5, and, within sixty days after receipt of all 
appUcable appraisal and title documents from the Company, 
determine whether-— 
(A) the applicable title standards for Federal land 
acquisition have been satisfied or the quality of title is 
otherwise acceptable to the Secretary; 
(B) all draft conveyances and closing dociunents have 
been received and approved; 
(C) a current title commitment verifying compliance 
with applicable title standards has been issued to the 
Secretary; 
(D) the appraisals comply with applicable Forest Serv-
ice standards; and 
(E) except as provided in section (8Xb), the title 
includes both the siirface and subsurface estates without 
reservation or exception (except by the United States or 
the State of Montana, by patent), including— 
(i) minerals or mineral rights; 
(ii) timber or timber rights; and 
(iii) any other interest in the property. 
(2) CONVEYANCE OF TITLE.—In the event the appraisal and/ 
or quality of title do not meet Federal standards or are other-
wise determined imacceptable to the Secretary, the Secretary 
shall advise the Company regarding corrective actions nec-
essary to make an affirmative determination luider paragraph 
(1). Tlie Secretary, acting through the Chief of the Forest Serv-
ice, shall effect the conveyance of lands described in subsection 
(bX2) not later than sixty days after the Secretary has made 
an affirmative determination under paragraph (1). 
(f) 
COMPLIANCE 
WITH 
OPTION.—Notwithstanding section 
(3XeX2), the Secretary shall not consummate the conveyance of 
lands described in subsection (bX2) until the Secretary has deter-
mined that title to the lands described in sections 4 and 5 have 
been escrowed as required by the document entitled "Option Agree-
ment for the Exchange and/or Purchase of Real Property Pursuant 
to the Gallatin Range Consolidation and Protection Act of 1993" 
(referred to in this Act as "the Option"), executed by the Company, 
as seller. 
(g) REFERENCES.—^References in this Act to the Company shall 
include references to the successors and assigns of the Company. 
107 STAT. 990 
PUBLIC LAW 103-91—OCT. 1, 1993 
SEC. 4. LAND CONSOLIDATION—PORCUPINE AREA. 
(a) ACQUISITION OF PORCUPINE PROPERTY.—The Secretary is 
authorized and directed to acquire, by purchase or exchange, lands 
and interests in lands listed as "Exhibit A, Porcupine Area", in 
the Option, in accordance with the terms and conditions of the 
Option for the fair market value of such lands and interests, deter-
mined at the time of acquisition, in accordance with the appraisal 
standards specified in the Option. 
(b) REPORTS TO CONGRESS.—The Secretary shall report 
annually to the Committee on Energy and Natural Resources of 
the Senate and the Committee on Natural Resources of the House 
of Representatives, on the status of the acquisition authorized by 
this section. 
SEC. 5. LAND CONSOLIDATION—TAYLOR FORK AREA. 
(a) ACQUISITION OF TAYLOR FORK PROPERTY.—The Secretary 
is authorized and directed to acquire, by piu^hase or exchange, 
lands and interests in lands as listed as "Exhibit A, Taylor Fork 
Area", in the Option, in accordance with the terms and conditions 
of the Option for the fair market value of such lands and interests, 
determined at the time of acauisition, in accordance with the 
appraisal standards specified in tne Option. 
(b) REPORTS TO CONGRESS.—The Secretary shall report 
annually to the Committee on Energy and Natural Resources of 
the Senate and the Committee on Natiu'al Resources of the House 
of Representatives, on the status of the pending acquisition author-
ized by this section. 
SEC. 6. LAND CONSOLIDATION—GALLATIN ROADED AREA. 
(a) ACQUISITION OF GALLATIN ROADED PROPERTY.—The Sec-
retary is authorized and directed to acquire, by purchase or 
exchange, lands and interests in lands as Usted as "Exhibit A, 
Gallatin Roaded", in the Option, in accordance with the terms 
and conditions of the Option not otherwise acquired, purchased, 
or exchanged under section 3, 4, or 5. 
(b) REPORTS TO CONGRESS.—The Secretary shall report 
annually to the Committee on Energy and Natiu>al Resources of 
the Senate and the Committee on Natural Resources of the House 
of Representatives, on the status of the acquisition authorized by 
this section. 
Montana. 
SEC. 7. SEVERED MINERAL EXCHANGE. 
(a) FINDINGS.—Congress 
finds 
that— 
(1) underlying certain areas in Montana described in sub-
section (b) are mineral rights owned by subsidiaries of Bur-
lington Resources, Incorporated and its successors and assigns 
(referred to in this Act as "Burlington"); 
(2) there are federally owned minerals underlying lands 
of Burlington l3dng outside those areas; 
(3) Burlington has agreed in principle with the Secretary 
to an exchange of mineral rights to consolidate surface and 
subsurface ownerships and to avoid potential conflicts with 
the surface management of the areas; and 
(4) it is desirable that an exchange of lands be completed 
not later than two years after the date of enactment of this 
Act. 
(b) MINERAL INTERESTS.— 
PUBLIC LAW 103-91—OCT. 1, 1993 
107 STAT. 991 
(1) ACQUISITION.—^Pvirsuant to an exchange agreement 
between the Secretary and Burlington, the Secretary may 
acquire mineral interests owned by Burlington or an aSiliate 
of Burlington underlying surface lands owned by the United 
States located in the areas depicted on the maps entitled "Sev-
ered Minerals Exchange, Clearwater-Monture Area", dated 
September 1988, and "Severed Mineral Exchanges, Gallatin 
Area", dated September 1988, or in fractional sections a4jacent 
to the areas depicted on the maps. 
(2) EXCHANGE.—In exchange for the mineral interests con-
veyed 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 Secretory and 
Burlington may agree upon. 
(c) EQUAL VALUE.— 
(1) IN GENERAL.—^The value of the mineral interests 
exchanged imder subsection (b) shall be approximately equal 
in value based upon available information. 
(2) APPRAISAI..—^To ensure that the wilderness or other 
natural values of the area are not affected by the exchange, 
a formal appraisal based upon drilling or other surface disturb-
ing activities shall not be required for any mineral interest 
proposed for exchange, except that the Secretary and Burlington 
shall fully share all available information on the quality and 
quantity of mineral interests proposed for exchange. 
(3) iNADEQUAirE INFORMATION.—In the absence of adequate 
information regarding values of minerals proposed for exchange, 
the Secretary and Burlington may agree to an exchange on 
the basis of mineral interests of similar development potential, 
geologic character, and similar factors. 
(d) 
IDENTIFICATION 
OF 
FEDERALLY 
OWNED 
MINERAL 
INTERESTS.— 
(1) IN GENERAL.—Subject to paragraph (2), mineral 
interests conveyed by the United States pursuant to this section 
shall underlie lands the surface of which are owned by Bur-
lington. 
(2) OTHER INTERESTS.—If there are not sufficient federally 
owned mineral interests of approximately equal value underly-
ing lands owned by Burling^n, the Secretary and the Secretary 
of the Interior may identify for exchange other federally owned 
mineral interests in lands in the State of Montana of which 
the surface estate is in private ownership. 
(e) CONSULTATION WITH THE DEPARTMENT OF THE INTERIOR.— 
(1) IN GENERAL.—^The Secretary shall consult with the Sec-
retary of the Interior in the negotiation of the exchange agree-
ment authorized by subsection (b), particularly with respect 
to the inclusion in the agreement of a provision authorizing 
the exchange of federally owned mineral interests lying outside 
the boundaries of units of the National Forest System. 
(2) CONVEYANCE.—^Notwithstanding any otner law, the Sec-
retary of the Interior shall convey the federally owned mineral 
interests identified in a final exchange agreement between the 
Secretary of Agriculture and Burlington and affiliates of Bur-
lington. 
(f) MINERAL INTEREST DEFINED.—^For purposes of this section, 
the term "mineral interests" includes all locatable and leasable 
107 STAT. 992 
PUBLIC LAW 103-91—OCT. 1, 1993 
minerals, including oil and gas, geothermal resources, and other 
subsurface rights. 
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 Secretary 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 Representatives of any corrections made 
pursuant to the subsection. The maps shall be on file and available 
for public inspection in the office of Chief, Forest Service, USDA. 
(b) TITLE OF LANDS CONVEYED TO THE UNITED STATES.— 
(1) QUALITY OF TITLE AND RIGHTS.—Subject to paragraph 
(2), the rights, title, and interests to lands conveyed to the 
United States under sections 4, 5, and 6 shall, at a minimum, 
consist of the surface estate and the subsurface rights owned 
by the Company or Burlington where applicable. 
(2) EXCEPTION.—The Secretary may accept title subject 
to outstanding or reserved oil and gas and geothermal rights, 
except that there shall be no surface occupancy permitted on 
the lands acquired by the United States under sections 4, 
5, and 6 for access to reserved or outstanding rights or explo-
ration or development of such lands. 
(3) ACCESS.—No portion of lands acquired by the United 
States under this Act shall be available for access to, or explo-
ration or development of, any reserved or outstanding oil, gas, 
geothermal, or other non-Federal property interest. 
(c) NATIONAL FOREST LANDS.— 
(1) IN GENERAL.—^All lands conveyed to the United States 
imder this Act shall be added to and administered as part 
of the Gallatin National Forest of the National Forest System 
by the Secretary in accordance with the laws and regulations 
pertaining to the National Forest System. 
(2) HYALITE-PORCUPINE-BUFFALO HORN WILDERNESS STUDY 
AREA.—Lands acquired within the Hyalite-Porcupine-BufiTalo 
Horn Wilderness Study Area shall be managed to maintain 
their presently existing wilderness character and potential for 
inclusion in the National Wilderness Preservation System in 
accordance with the Montana Wilderness Study Act of 1977 
(16 U.S.C. 1132 note). 
PUBLIC LAW 103-91—OCT. 1, 1993 
107 STAT. 993 
SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as are 
necessary to carry out this Act. 
Approved October 1, 1993. 
LEGISLATIVE 
fflSTORY—H.R. 
873: 
HOUSE REPORTS: No. 103-82, Pt. 1 (Ck)mm. on Natural Resources). 
SENATE REPORTS: No. 103-122 (Ctomm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 139 (1993): 
May 11, considered and rejected in House. 
May 20, considered and paissed House. 
Aug. 4, considered and passed Senate, amended. 
Sept. 13, House concurred in Senate amendment.