[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 873 Engrossed Amendment Senate (EAS)]

103d CONGRESS

  1st Session

                               H. R. 873

_______________________________________________________________________

                               AMENDMENT
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                             August 4 (legislative day, June 30), 1993.
      Resolved, That the bill from the House of Representatives (H.R. 
873) entitled ``An Act to provide for the consolidation and protection 
of the Gallatin Range'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be referred to as the ``Gallatin Range Consolidation 
and 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 
        Secretary, acting through the Forest Service, to enter into an 
        option agreement with Big Sky Lumber Company and Louisiana 
        Pacific Corporation to fulfill the purposes of this Act.

SEC. 3. BIG SKY LUMBER LAND EXCHANGE--GALLATIN AREA.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary of Agriculture (referred to in this Act as the ``Secretary'', 
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 ``Company''), in and adjacent to the 
Hyalite-Porcupine-Buffalo Horn Wilderness Study Area, the Scapegoat 
Wilderness Area, and other lands in the Gallatin National Forest in 
accordance with this section.
    (b) Description of Lands.--
            (1) Offer and acceptance of land.--If the Company offers to 
        the United States acceptable fee title, including mineral 
        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 February 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 approximately 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--
                    (A) the reservation of ditches and canals required 
                by the first section of the Act entitled ``An Act 
                making appropriations for sundry civil expenses of the 
                Government for the fiscal year ending 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 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 Secretary and 
                the Company.
            (3) Termination of leases.--
                    (A) Vesting of rights and interests.--Upon 
                termination or relinquishment of the leases referred to 
                in paragraph (2)(B), all the rights and interests in 
                such leases reserved under paragraph (2)(B) 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 (2)(B) 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 the exchange 
        authorized 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 ``National 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 
        easements 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 
                grazing 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 permitees 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 
                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 
        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 
        Resources of the Senate and the Committee on Natural Resources 
        of the House of Representatives concerning the desirability 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 
        applicable 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 documents 
                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 
                Service standards; and
                    (E) except as provided in section (8)(b), the title 
                includes both the surface 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 otherwise 
        determined unacceptable to the Secretary, the Secretary shall 
        advise the Company regarding corrective actions necessary to 
        make an affirmative determination under paragraph (1). The 
        Secretary, acting through the Chief of the Forest Service, 
        shall effect the conveyance of lands described in subsection 
        (b)(2) not later than sixty days after the Secretary has made 
        an affirmative determination under paragraph (1).
    (f) Compliance With Option.--Notwithstanding section (3)(e)(2), the 
Secretary shall not consummate the conveyance of lands described in 
subsection (b)(2) until the Secretary has determined that title to the 
lands described in sections 4 and 5 have been escrowed as required by 
the document entitled ``Option Agreement 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.

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, determined 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 purchase 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 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 pending acquisition authorized by this section.

SEC. 6. LAND CONSOLIDATION--GALLATIN ROADED AREA.

    (a) Acquisition of Gallatin Roaded Property.--The Secretary is 
authorized and directed to acquire, by purchase or exchange, lands and 
interests in lands as listed 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 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. 7. SEVERED MINERAL EXCHANGE.

    (a) Findings.--Congress finds that--
            (1) underlying certain areas in Montana described in 
        subsection (b) are mineral rights owned by subsidiaries of 
        Burlington Resources, Incorporated and its successors and 
        assigns (referred to in this Act as ``Burlington'');
            (2) there are federally owned minerals underlying lands of 
        Burlington lying 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.--
            (1) Acquisition.--Pursuant to an exchange agreement between 
        the Secretary and Burlington, the Secretary may acquire mineral 
        interests owned by Burlington or an affiliate of Burlington 
        underlying surface lands owned by the United States located in 
        the areas depicted on the maps entitled ``Severed Minerals 
        Exchange, Clearwater-Monture Area'', dated September 1988, and 
        ``Severed Mineral Exchanges, Gallatin Area'', dated September 
        1988, or in fractional sections adjacent to the areas depicted 
        on the maps.
            (2) Exchange.--In exchange for the mineral 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 Burlington may agree upon.
    (c) Equal Value.--
            (1) In general.--The value of the mineral interests 
        exchanged under subsection (b) shall be approximately equal in 
        value based upon available information.
            (2) Appraisal.--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 
        disturbing 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) Inadequate 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 
        Burlington.
            (2) Other interests.--If there are not sufficient federally 
        owned mineral interests of approximately equal value underlying 
        lands owned by Burlington, 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 
        Secretary of the Interior in the negotiation of the exchange 
        agreement 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 other law, the 
        Secretary 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 Burlington.
    (f) Mineral Interest Defined.--For purposes of this section, the 
term ``mineral interests'' includes all locatable and leasable 
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 
        exploration 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 
        exploration 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 
        under 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-Buffalo 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).

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.

            Attest:






                                                             Secretary.

HR 873 EAS----2
HR 873 EAS----3
HR 873 EAS----4
HR 873 EAS----5