Home > 105th Congressional Bills > H.R. 3381 (rh) To direct the Secretary of Agriculture and the Secretary of the Interior to exchange land and other assets with Big Sky Lumber Co. ...

H.R. 3381 (rh) To direct the Secretary of Agriculture and the Secretary of the Interior to exchange land and other assets with Big Sky Lumber Co. ...


Google
 
Web GovRecords.org


                                                       Calendar No. 598
105th CONGRESS
  2d Session
                                H. R. 3381


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 24, 1998

            Received; read twice and placed on the calendar

_______________________________________________________________________

                                 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 ``BLM land'' means approximately 
        2,000 acres of Bureau of Land Management land (including all 
        appurtenances to the land) that is proposed to be acquired by 
        BSL, as depicted in Exhibit B to the Option Agreement.
            (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)(1)(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.
            (4) Eastside national forests.--The term ``Eastside 
        National Forests'' means national forests east of the 
        Continental 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 
        Forest, 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 11\1/2\ 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 
                Bangtail 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 7\1/2\ 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
                    (C) the Secretary shall acquire the 4 Taylor Fork 
                sections identified in the Option Agreement remaining 
                in escrow, and any of the 6 sections referred to in 
                subparagraph (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 
        BSL--
                            (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 accordance 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 Agreement.
            (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--
            (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) Determination.--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 
                Secretary; and
                    (D) the title includes both the surface and 
                subsurface estates without reservation or exception 
                (except as specifically 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 standards 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 
                subsurface 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 Company.
    (f) Timing of Implementation.--
            (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 Secretary 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 enactment of this Act.
            (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 affirmative determination of quality of title 
        is made with respect to the BSL land.

SEC. 5. OTHER FACILITATED 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 
                Facilitated 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 1 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 the 
        implementation of paragraph (1) not later than 180 days after 
        the date of 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 Committee 
        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 pursuant to section 11 of the Act of March 1, 
                1911 (commonly known as the ``Weeks Act'') (16 U.S.C. 

Pages: 1 2 Next >>

Other Popular 105th Congressional Bills Documents:

1 H.Res. 262 (eh) ...
2 S. 1240 (is) To suspend temporarily the duty on phenmedipham. ...
3 S. 1572 (is) To prohibit the Secretary of the Interior from promulgating certain regulations relating to Indian gaming activities. ...
4 H.Res. 69 (ih) Providing amounts for the expenses of the Committee on Banking and Financial Services in the One Hundred Fifth Congress. ...
5 H.R. 1274 (eas) ...
6 S. 731 (eah) ...
7 H.R. 3533 (ih) To terminate the exception provided for certain real estate investment trusts from the rules relating to stapled entities. ...
8 H.R. 3116 (enr) To address the Year 2000 computer problems with regard to financial institutions, to extend examination parity to the Director of the Office of Thrift Supervision and the National Credit Union Administration, and for other purposes. %%File...
9 H.R. 2413 (ih) To amend the Immigration and Nationality Act; title 18, United States Code; the Illegal Immigration Reform and Immigrant Responsibility Act of 1996; and the Immigration Act of 1990 to make technical corrections to such statutes. %%Filename:...
10 S. 1990 (is) To authorize expansion of Fort Davis National Historic Site in Fort Davis, Texas. ...
11 S. 251 (is) To amend the Internal Revenue Code of 1986 to allow farmers to income average over 2 years. ...
12 S. 2171 (rs) To extend the deadline under the Federal Power Act applicable to the construction of a hydroelectric project in the State of Arkansas. ...
13 H.R. 2379 (rfs) To designate the Federal building and United States court-house located at 251 North Main Street in Winston-Salem, North Carolina, as the ``Hiram H. Ward Federal Building and United States Courthouse''. ...
14 S. 498 (is) To amend the Internal Revenue Code of 1986 to allow an employee to elect to receive taxable cash compensation in lieu of nontaxable parking benefits, and for other purposes. ...
15 H.R. 1812 (ih) To provide for the elimination of the Department of Education, and for other purposes. ...
16 H.R. 3660 (ih) To invest in the future of the United States by doubling the amount authorized for basic scientific, medical, and pre-competitive engineering research. ...
17 S. 1605 (enr) To establish a matching grant program to help State and local jurisdictions purchase armor vests for use by law enforcement departments. ...
18 H.R. 2416 (ih) To provide for the transfer of certain rights and property to the United States Forest Service in exchange for a payment to the occupant of such property, and for other purposes. ...
19 S. 681 (rs) To designate the Federal building and United States courthouse located at 300 Northeast First Avenue in Miami, Florida, as the ``David W. Dyer Federal Courthouse''. ...
20 S.J.Res. 20 (is) To disapprove the certification of the President under section 490(b) of the Foreign Assistance Act of 1961 regarding foreign assistance for Mexico during fiscal year 1997. ...
21 S. 2142 (es) To authorize the Secretary of the Interior to convey the facilities of ...
22 S. 1198 (is) To amend the Immigration and Nationality Act to provide permanent authority for entry into the United States of certain religious workers. ...
23 S. 568 (is) To make a technical correction to title 28, United States Code, relating to jurisdiction for lawsuits against terrorist states. ...
24 H.R. 2889 (ih) To establish a commission to recommend a strategy for the global eradication of disease. ...
25 H.R. 649 (enr) To amend sections of the Department of Energy Organization Act that are obsolete or inconsistent with other statutes and to repeal a related section of the Federal Energy Administration Act of 1974. ...
26 S. 1228 (is) To provide for a 10-year circulating commemorative coin program to commemorate each of the 50 States, and for other purposes. ...
27 S. 1016 (es) To authorize appropriations for the Coastal Heritage Trail Route in New Jersey, and for other purposes. ...
28 H.R. 2859 (ih) To prohibit commercial air tours over the Rocky Mountain National Park. ...
29 H.R. 79 (rs) To provide for the conveyance of certain land in the Six Rivers National Forest in the State of California for the benefit of the Hoopa Valley Tribe. ...
30 S. 852 (rs) To establish nationally uniform requirements regarding the titling and registration of salvage, nonrepairable, and rebuilt vehicles. ...


Other Documents:

105th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy