[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1156 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1156

 To direct the Secretary of Agriculture to make a land exchange in the 
               State of Montana, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               August 10 (legislative day, July 10), 1995

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

_______________________________________________________________________

                                 A BILL


 
 To direct the Secretary of Agriculture to make a land exchange in the 
               State of Montana, and for other purposes.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DEFINITIONS.

    In this Act:
            (1) Church.--The term ``Church'' means the Church Universal 
        and Triumphant.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (3) Specifications document.--The term ``specifications 
        document'' means the document entitled ``Church/Forest Service 
        Land Exchange Specifications'' agreed to by the Church and the 
        Secretary under section 2(b)(3).

SEC. 2. LAND EXCHANGE.

    (a) In General.--Notwithstanding any other law, if an offer is made 
under subsection (b), the Secretary shall acquire by exchange certain 
lands and interests in land owned by the Church, its successors and 
assigns, located in the Yellowstone Controlled Groundwater Area and 
Corwin Springs Known Geothermal Resource Area of the Gallatin National 
Forest.
    (b) Offer and Acceptance of Land and Interests in Land.--
            (1) Non-federal lands and interests in land.--If the Church 
        offers--
                    (A) title that is acceptable to the United States 
                to all right, title, and interest to approximately 26 
                acres of land owned by the Church as depicted on the 
                maps entitled ``Church/Forest Services Land Exchange 
                Proposal'', dated July 1994;
                    (B) all right, title, and interest to the 
                subsurface regulated resources estate on all Church 
                properties within the Yellowstone Controlled 
                Groundwater Area;
                    (C) a perpetual public access road and utility 
                easement 60 feet wide, plus allowance for cuts and 
                fills, over Church property to the Gallatin National 
                Forest lands in the Cutler Homestead/Sentinel Butte 
                area, as depicted on the maps described in subparagraph 
                (A); and
                    (D) other rights and covenants in accordance with 
                the terms of the specifications document,
        the Secretary shall accept a warranty deed to the land 
        described in subparagraph (A), a special warranty deed to the 
        regulated resources described in subparagraph (B), State water 
        rights transfer documents, and any other such instruments as 
        are necessary to transfer the property interests described in 
        subparagraphs (A), (B), (C), and (D).
            (2) Federal land and interests in land.--
                    (A) In general.--On acceptance by the Secretary of 
                title to the lands, interests, and rights and covenants 
                offered by the Church under paragraph (1)--
                            (i) the Secretary shall convey by patent to 
                        the Church, subject to all valid existing 
                        rights, and a reservation to the
                         United States of all regulated resources, 
title to approximately 11 acres within the Gallatin National Forest, as 
depicted on the maps described in paragraph (1)(A);
                            (ii) the Secretary shall convey an easement 
                        to the Church granting the right to collect and 
                        transport across Federal land the natural 
                        unenhanced surface flow at LaDuke Hot Springs 
                        from its source to the east bank of the 
                        Yellowstone River as depicted on the maps 
                        described in paragraph (1)(A), and the United 
                        States shall withdraw all of its water rights 
                        claims and objections filed with regard to 
                        LaDuke Hot Springs in pending water rights 
                        adjudications under Federal and State law;
                            (iii) the Secretary shall grant to the 
                        Church standard Forest Service right-of-way 
                        authorizations for roads across National Forest 
                        System land as generally depicted on the maps 
                        described in paragraph (1)(A) and further 
                        defined by the specifications document; and
                            (iv) the Secretary shall grant to the 
                        Church other rights and covenants in accordance 
                        with the terms of the specifications document.
                    (B) Surveys.--Surveys prepared to standards 
                approved by the Secretary shall be furnished by the 
                Church for the affected Federal and non-Federal lands 
                and surface interests prior to conveyance of the 
                Federal lands and interests under subparagraph (A).
            (3) Specifications document.--
                    (A) In general.--A document entitled ``Church/
                Forest Service Land Exchange Specifications'', jointly 
                developed and agreed to by the Secretary and the Church 
                shall define the non-Federal and Federal lands and 
                interests to be exchanged under this Act, including 
                legal descriptions of lands and interests in land and 
                other terms, conditions, and covenants.
                    (B) Limitation.--The specifications document shall 
                not include any minimum surface flow requirements to 
                the Yellowstone River from LaDuke Hot Springs.
                    (C) Submission to congress.--The Secretary shall 
                submit a copy of the completed specifications document 
                to the Committee on Energy and Natural Resources of the 
                Senate and the Committee on Resources of the House of 
                Representatives, and the specifications document shall 
                take effect 60 days thereafter.
    (c) Title.--
            (1) Review of title.--Within 90 days after receipt of the 
        approved surveys and title documents from the Church, the 
        Secretary shall review the title for the non-Federal lands 
        described in subsection (b)(1) and determine whether--
                    (A) the applicable title standards for Federal land 
                acquisition have been satisfied; and
                    (B) all draft conveyances and closing documents 
                have been received and approved.
            (2) Corrective action.--If the quality of title does not 
        meet Federal standards or is otherwise unacceptable to the 
        Secretary, the Secretary shall advise the Church regarding 
        corrective actions necessary to cure title defects.
            (3) Conveyance of title.--The conveyance to the Church of 
        lands described in subsection (b)(2)(A) shall be completed not 
        later than 90 days after the Secretary approves title.

SEC. 3. GENERAL PROVISIONS.

    (a) Correction of Errors in Maps.--The maps described in section 
2(b)(1)(i) are subject to correction of any technical error in 
describing the lands and interests in land to be exchanged under this 
Act.
    (b) Availability for Public Inspection.--The maps described in 
section 2(b)(1)(i) and the specifications document shall be on file and 
available for public inspection in the Office of the Chief of the 
Forest Service, in Washington, D.C.
    (c) National Forest System Lands.--All lands and interests in land 
conveyed to the United States under this Act shall be administered in 
accordance with the laws (including regulations) pertaining to the 
National Forest System.
    (c) Valuation.--The value of the lands and interests in lands to be 
exchanged under this Act are deemed to be equal, and no appraisal shall 
be required.
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