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. ...
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.
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