[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 103 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
104th CONGRESS
  1st Session
                                 S. 103

_______________________________________________________________________

                                 AN ACT


 
         Entitled the ``Lost Creek Land Exchange Act of 1995''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This title may be cited as the ``Lost Creek Land Exchange Act of 
1995''.

SEC. 2. LAND EXCHANGE.

    (a) General.--Notwithstanding any other provision of law, the 
Secretary of Agriculture (hereinafter referred to in this title as the 
``Secretary'') is authorized and directed to acquire by exchange 
certain lands and interests in lands owned by the Brand S Corporation, 
its successors and assigns, (hereinafter referred to in this title as 
the ``Corporation''), located in the Lost Creek area of the Deerlodge 
National Forest and within the Gallatin National Forest.
    (b) Offer and Acceptance of Land.--
            (1) Non-federal land.--If the Corporation offers to convey 
        to the United States fee title that is acceptable to the United 
        States to approximately 18,300 acres of land owned by the 
        Corporation and available for exchange, as depicted on the maps 
        entitled ``Brand S/Forest Service Land Exchange Proposal'', 
        numbered 1 through 3, dated March 1994, and described in the 
        ``Land Exchange Specifications'' document pursuant to paragraph 
        (b)(3), the Secretary shall accept a warranty deed to such 
        lands.
            (2) Federal land.--Upon acceptance by the Secretary of 
        title to the Corporation's lands pursuant to paragraph (b)(1) 
        and upon the effective date of the document referred to in 
        paragraph (b)(3), and subject to valid existing rights, the 
        Secretary of the Interior shall convey, by patent, the fee 
        title to approximately 10,800 acres on the Deerlodge and 
        Gallatin National Forests, and by timber deed, the right to 
        harvest approximately 3.5 million board feet of timber on 
        certain Deerlodge National Forest lands, as depicted on the 
        maps referenced in paragraph (b)(1) and further defined by the 
        document referenced in paragraph (b)(3): Provided, That, except 
        for the east \1/2\ of sec. 10, T3S, R8E, the Secretary shall 
        not convey to the Corporation the lands on the Gallatin 
        National Forest identified as the ``Wineglass Tract'' on the 
        map entitled ``Wineglass Tract'', dated September 1994, unless 
        the Secretary finds that measures are in place to protect the 
        scenic, wildlife, and open space values of the Wineglass Tract. 
        Such finding shall be contained in the document referenced in 
        paragraph (b)(3).
            (3) Agreement.--A document entitled ``Brand S/Forest 
        Service Land Exchange Specifications'', shall be jointly 
        developed and agreed to by the Corporation and the Secretary. 
        Such document shall define the non-Federal and Federal lands to 
        be exchanged, and shall include legal descriptions of such 
        lands and interests therein, along with any other agreements. 
        Such document shall be transmitted, upon completion, to 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 and shall not take effect until 
        sixty days after transmittal to both Committees.
            (4) Conflict.--In case of conflict between the maps 
        referenced in paragraph (b)(1) and the document referenced in 
        paragraph (b)(3), the maps shall govern.
    (c) Title.--
            (1) Review of title.--Within sixty days of receipt of title 
        documents from the Corporation, the Secretary shall review the 
        title for the non-Federal lands described in paragraph (b) and 
        determine whether--
                    (A) 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; and
                    (D) the Corporation has complied with the 
                conditions imposed by this title.
            (2) Conveyance of title.--In the event the title does not 
        meet Federal standards or is otherwise unacceptable to the 
        Secretary, the Secretary shall advise the Corporation regarding 
        corrective actions necessary to make an affirmative 
        determination. The Secretary, acting through the Secretary of 
        the Interior, shall effect the conveyance of lands described in 
        paragraph (b)(2) not later than ninety days after the Secretary 
        has made an affirmative determination.
    (d) Resolution of Public Access.--The Secretary is directed, in 
accordance with existing law, to improve legal public access to 
Gallatin National Forest System lands between West Pine Creek and Big 
Creek.

SEC. 3. GENERAL PROVISIONS.

    (a) Maps and Documents.--The maps referred to in section 202(b)(1) 
shall be subject to such minor corrections as may be agreed upon by the 
Secretary and the Corporation. The maps and documents described in 
section 202(b) (1) and (3) shall be on file and available for public 
inspection in the appropriate offices of the Forest Service.
    (b) National Forest System Lands.--
            (1) In general.--All lands conveyed to the United States 
        under this title shall be added to and administered as part of 
        the Deerlodge or Gallatin National Forests, as appropriate, and 
        shall be administered by the Secretary in accordance with the 
        laws and regulations pertaining to the National Forest System.
            (2) Wilderness study area acquisitions.--Until Congress 
        determines otherwise, lands acquired within the Hyalite-
        Porcupine-Buffalo Horn Wilderness Study Area pursuant to this 
        title shall be managed by the Secretary of Agriculture and the 
        Secretary of the Interior, as appropriate, so as to maintain 
        the presently existing wilderness character and potential for 
        inclusion in the National Wilderness Preservation System.
    (c) Valuation.--The values of the lands and interests in lands to 
be exchanged under this title and described in section 202(b) are 
deemed to be of approximately equal value.
    (d) Liability for Hazardous Substances.--
            (1) The Secretary shall not acquire any lands under this 
        title if the Secretary determines that such lands, or any 
        portion thereof, have become contaminated with hazardous 
        substances (as defined in the Comprehensive Environmental 
        Response, Compensation, and Liability Act (42 U.S.C. 9601)).
            (2) Notwithstanding any other provision of law, the United 
        States shall have no responsibility or liability with respect 
        to any hazardous wastes or other substances placed on any of 
        the lands covered by this title after their transfer to the 
        ownership of another party, but nothing in this title shall be 
        construed as either diminishing or increasing any 
        responsibility or liability of the United States based on the 
        condition of such lands on the date of their transfer to the 
        ownership of another party.

            Passed the Senate May 3 (legislative day, May 1), 1995.

            Attest:

                                                             Secretary.
104th CONGRESS

  1st Session

                                 S. 103

_______________________________________________________________________

                                 AN ACT

         Entitled the ``Lost Creek Land Exchange Act of 1995''.