[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 489 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 489

   Entitled the ``Gallatin Range Consolidation and Protection Act of 
                                1993''.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 3, 1993

 Mr. Baucus (for himself and Mr. Burns) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
   Entitled the ``Gallatin Range Consolidation and Protection Act of 
                                1993''.

    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 Consolidation 
and Protection Act of 1993''.

SEC. 2. FINDINGS.

    The Congress finds that:
            (1) It has been the clear policy of the Federal Government 
        since 1925 to consolidate the checkerboard lands along the 
        Gallatin Range north of Yellowstone National Park.
            (2) These lands north of Yellowstone possess outstanding 
        natural characteristics and wildlife habitat which give them 
        high value as lands added to the National Forest System.
            (3) Although these lands have remained pristine up till now 
        failure to consolidate at this time will in the near future 
        lead to fragmentation and development.
            (4) The Federal Government has already invested a great 
        deal in keeping the lands along the Gallatin Range protected 
        from excess development.

SEC. 3. PLUM CREEK LAND EXCHANGE--GALLATIN AREA.

    (a) In General.--The Secretary of Agriculture, hereinafter called 
the Secretary, shall, subject to the provisions of section 4(b) and 
section 5(b) and, notwithstanding any other law, acquire by exchange 
and cash equalization in the amount of $3,400,000, certain lands and 
interests in land of the Plum Creek Timber, L.P. (referred to in this 
section as the ``company'') in and adjacent to the Hyalite-Porcupine-
Buffalo Horn Wilderness Study Area, the Scapegoat Wilderness Area, and 
other land in the Gallatin National Forest in accordance with this 
section.
    (b)(1) Description of Lands.--If the company offers to the United 
States the fee title, including mineral interests, to approximately 
37,752 and \15/100\ acres of land owned by the company which is 
available for exchange to the United States as depicted on a map 
entitled ``Plum Creek Timber and Forest Service Proposed Gallatin Land 
Exchange'', dated May 20, 1988, the Secretary shall accept a warranty 
deed to such land and, in exchange therefor, and subject to valid 
existing rights, recommend that the Secretary of the Interior convey, 
subject to valid existing rights, by patent the fee title to 
approximately 12,414 and \6/100\ acres of National Forest system lands 
available for exchange to the company as depicted on such map, subject 
to--
            (A) the reservation of ditches and canals required by 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. 391; 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.
    (2) On termination or relinquishment of the leases referred to in 
paragraph (1), all the rights and interests in land granted therein 
shall immediately vest in the company, its successors and assigns, and 
the Secretary shall give notice of that event by a document suitable 
for recording in the county wherein the leased lands are situated.
    (c) Easements.--At closing on the conveyances authorized by this 
section--
            (1) in consideration of the easements conveyed by the 
        company as provided in paragraph 2 of this subsection, the 
        Secretary of Agriculture shall, under authority of the National 
        Forest Roads and Trails Act of October 13, 1964, or the Federal 
        Land Policy and Management Act of 1976, execute and deliver to 
        the company such easements and authorizations over federally 
        owned lands included in this exchange as may be agreed to by 
        the Secretary and the company in the exchange agreement.
            (2) In consideration of the easements conveyed by the 
        United States as provided in paragraph (1), the company shall 
        execute and deliver to the United States such easements and 
        authorizations across company-owned lands included in this 
        exchange as may be agreed to by the Secretary and the company 
        in the exchange agreement.
    (d) Maps.--The maps referred to in subsection (b) 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 to the United States House of Representatives of any 
corrections made pursuant to the subsection.
    (e) Timing of Transaction.--It is the intent of Congress that the 
conveyances authorized by this section be completed within ninety days 
after the date of enactment of an Act making the appropriation 
authorized by subsection (g).
    (f) Forest Lands.--All lands conveyed to the United States pursuant 
to this section shall become national forest system lands to be 
administered by the Secretary in accordance with applicable law.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section the sum $3,400,000, which amount 
the Secretary shall, when appropriated, pay to the company to equalize 
the value of the exchange of land authorized by this section.
    (h) Quality of Title.--Title to the properties referenced in this 
section to be offered to the United States by Big Sky Lumber Company, 
its assignees or successors in interest, shall be inclusive of the 
entire surface and subsurface estates without reservation or exception. 
The owner shall be required to reacquire any outstanding interest in 
mineral or mineral rights, timber or timber rights, water or water 
rights, or any other outstanding interest in the property, except 
reservations by the United States or the State of Montana by patent, in 
order to assure that title to the property is transferred as described 
in this section and sections 4, 5, and 6. Title standards for 
acquisition shall otherwise be in compliance with Forest Service 
policies and procedures.
    (i) References.--The reference and authorities of this section 
referring to Plum Creek Timber Company, L.P., shall also refer to its 
successors.

SEC. 4. LAND CONSOLIDATION; PORCUPINE AREA.

    (a) In General.--The exchange described in section 3 of this Act 
shall not be consummated by the Secretary until the conditions of this 
section are met.
    (b) Conditions.--The Secretary or a qualified section 501(c)(3) 
conservation entity, acting on its behalf for later disposition to the 
United States, shall have acquired, by purchase or option to acquire, 
or exchange, all of the Porcupine property for its fair market value, 
determined at the time of acquisition in accordance with appraisal 
standards acceptable to the Secretary by an appraiser acceptable to the 
Secretary and the owner. Any appraisal for exchange purposes shall be 
conducted by the same parties, utilizing the same standards noted 
above; ``And further that, if said acquisition or option to acquire has 
been consummated by a qualified section 501(c)(3) conservation entity, 
said entity shall have notified the Secretary that the quality of title 
in fact secured meets applicable Forest Service standards with respect 
to surface and subsurface estates or is otherwise acceptable to the 
Forest Service''.
    (c) Description of Lands.--The Secretary is authorized and directed 
to acquire by purchase or exchange the lands and interests therein as 
depicted on a map entitled ``Porcupine Area'', dated September, 1992.
    (d) Land Acquisition Authorities.--Acquisitions pursuant to this 
section shall be under existing authorities available to the Secretary.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out the purposes of 
this section. Funds necessary for land acquisition are authorized to be 
appropriated from the Land and Water Conservation Fund.
    (f) Equal Value.--Any exchange of lands between Big Sky Lumber 
Company and the United States shall be for equal value.
    (g) References.--The reference and authorities of this section 
referring to the Big Sky Lumber Company, shall also refer to its 
successors.

SEC. 5. LAND CONSOLIDATION--TAYLOR FORK AREA.

    (a) In General.--The exchange described in section 3 of this Act 
shall not be consummated by the Secretary until the conditions of this 
section are met.
    (b) Conditions.--The Secretary or a qualified section 501(c)(3) 
conservation entity, acting on its behalf for later disposition to the 
United States, shall have acquired, by purchase or option to acquire, 
or exchange, all of the Taylor Fork property for its fair market value, 
determined at the time of acquisition in accordance with appraisal 
standards acceptable to the Secretary by an appraiser acceptable to the 
Secretary and owner. Any appraisal for exchange purposes shall be 
conducted by the same parties, utilizing the same standards noted 
above; and further that, if said acquisition or option to acquire has 
been consummated by a qualified section 501(c)(3) conservation entity, 
said entity shall have notified the Secretary that the quality of title 
in fact secured meets applicable Forest Service standards with respect 
to surface and subsurface estates or is otherwise acceptable to the 
Forest Service.
    (c) Direction.--The Secretary is directed to provide Congress, 
within two years, recommendations designed to acquire by purchase or 
exchange Taylor Fork Area lands owned by Big Sky Timber Company: 
Provided, That such recommendations are agreed to by Big Sky Lumber 
Company: Provided further, That nothing in this section limits the 
Secretary's authority to acquire or purchase said lands.
    (d) Description of Lands.--The Secretary is authorized and directed 
to acquire by purchase or exchange the lands and interests therein as 
depicted on a map entitled ``Taylor Fork Area'', dated September, 1992.
    (e) Land Acquisition Authorities.--Acquisition pursuant to this 
section shall be under existing authorities available to the Secretary: 
Provided, That notwithstanding any other law, exchanges authorized in 
this section shall not be restricted within the same State.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out the purposes of 
this section. Funds necessary for land acquisition are authorized to be 
appropriated from the Land and Water Conservation Funds.
    (g) Equal Value.--Any exchange of lands between Big Sky Lumber 
Company and the United States shall be for equal value.
    (h) References.--The reference and authorities of this section 
referring to the Big Sky Lumber Company, shall also refer to its 
successors.
    (i) Reports to Congress.--For a period of two years from the date 
of enactment of this Act, the Secretary shall report annually to the 
Committee on Interior and Insular Affairs of the House of 
Representatives and the Committee on Energy and Natural Resources of 
the Senate, on the status of the negotiations with the company or its 
successors in interest to effect the land consolidation authorized by 
this section.

SEC. 6. LAND CONSOLIDATION--GALLATIN AREA.

    (a) In General.--The Secretary shall work diligently to assure all 
lands within what is generally known as the Gallatin Range owned by Big 
Sky Lumber Company, its assignee or successors in interest, not 
acquired, purchased or exchanged pursuant to sections 3 and 4 of this 
Act are acquired by the United States through exchange or purchase.
    (b) Direction.--The Secretary is directed to provide Congress, 
within three years, recommendations designed to acquire by purchase or 
exchange Gallatin Area lands owned by Big Sky Lumber Company: Provided, 
That such recommendations are agreed to by Big Sky Lumber Company: 
Provided further, That nothing in this section limits the Secretary's 
authority to acquire or purchase said lands.
    (c) Description of Lands.--The Secretary is authorized and directed 
to acquire by purchase or exchange the lands and interests therein as 
depicted on a map entitled ``Gallatin Area'', dated September, 1992.
    (d) Land Acquisition Authorities.--Acquisitions pursuant to this 
section shall be under existing authorities available to the Secretary: 
Provided, That notwithstanding any other law, exchanges authorized in 
this section shall not be restricted within the same State.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out the purposes of 
this section. Funds necessary for land acquisition are authorized to be 
appropriated from the Land and Water Conservation Fund.
    (f) Equal Value.--Any exchange of lands between Big Sky Lumber 
Company and the United States shall be for equal value.
    (g) Quality of Title.--The quality of title to the properties 
referenced in this section in fact secured shall meet applicable Forest 
Service standards with respect to surface and subsurface estates or 
shall otherwise be acceptable to the Forest Service.
    (h) References.--The reference and authorities of this section 
referring to the Big Sky Lumber Company, shall also refer to its 
successors.
    (i) Reports to Congress.--For a period of three years from the date 
of enactment of this Act, the Secretary shall report annually to the 
Committee on Natural Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate, on the status 
of the negotiations with the company or its successors in interest to 
effect the land consolidation authorized by this section.

SEC. 8. SEVERED MINERALS EXCHANGE.

    (a) Findings.--The Congress finds that--
            (1) underlying certain areas in Montana described in 
        subsection (b) are mineral rights owned by subsidiaries of 
        Burlington Resources, Incorporated (hereinafter collectively 
        referred to in this section as the ``company'');
            (2) there are federally owned minerals underlying privately 
        owned lands lying outside those areas;
            (3) the company has agreed in principle with the Department 
        of Agriculture to an exchange of mineral rights to consolidate 
        Federal surface and subsurface ownerships and to avoid 
        potential conflicts with the surface management of such areas; 
        and
            (4) it is desirable that an exchange be completed within 
        two years after the date of enactment of this Act.
    (b) Description of Mineral Interests.--(1) Pursuant to an exchange 
agreement between the Secretary and the company, the Secretary may 
acquire mineral interests owned by the company 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 Minerals Exchanges, Gallatin Area'', dated 
September 1988, or in fractional sections adjacent to those areas.
    (2) 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 the company may agree upon.
    (c) Equal Value.--(1) The value of mineral interests exchanged 
pursuant to this section shall be approximately equal based on 
available information.
    (2) To ensure that the wilderness or other natural values of the 
areas are not affected, a formal appraisal based upon drilling or other 
surface disturbing activities shall not be required for any mineral 
interest proposed for exchange, but the Secretary and the company shall 
fully share all available information on the quality and quantity of 
mineral interests proposed for exchange.
    (3) In the absence of adequate information regarding values of 
minerals proposed for exchange, the Secretary and the company 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) 
Subject to paragraph (2), mineral interests conveyed by the United 
States pursuant to this section shall underlie lands the surface of 
which were owned by the company or its predecessor on September 16, 
1987.
    (2) If there are not sufficient federally owned mineral interests 
of approximately equal value underlying the lands identified in 
paragraph (1), the Secretary and the Secretary of the Interior may 
identify for exchange any other federally owned mineral interest in 
land in the State of Montana of which the surface estate is in private 
ownership.
    (e) Consultation With the Department of the Interior.--(1) 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 such an agreement of a 
provision calling for the exchange of federally owned mineral interests 
lying outside the boundaries of units of the National Forest System.
    (2) 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 the 
company.
    (f) Definition.--For purposes of this section, the term ``mineral 
interests'' includes all locatable and leasable minerals, including oil 
and gas, geothermal resources, and all other subsurface rights.
    (g) Environmental Law.--The execution and performance of an 
exchange agreement and the taking of other actions pursuant to this 
section shall not be deemed a major Federal action significantly 
affecting the quality of the environment within the meaning of section 
102 of the National Environmental Policy Act (42 U.S.C. 4332), nor 
shall they require the preparation of an environmental assessment under 
this Act.

                                 <all>

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