[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3381 Enrolled Bill (ENR)]

        H.R.3381

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 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 the 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 One 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 the 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. 521).
            (C) Allocation of land and water conservation fund 
        moneys.--For the purposes of section 7 of the Land and Water 
        Conservation Fund Act of 1965 (16 U.S.C. 460l-9), boundaries of 
        the Gallatin National Forest shall be considered to be the 
        boundaries of the National Forest as of January 1, 1965.
    (b) Public Availability.--The Option Agreement--
        (1) shall be on file and available for public inspection in the 
    office of the Supervisor of the Gallatin National Forest; and
        (2) shall be filed with the county clerk of each of Gallatin 
    County, Park County, Madison County, Granite County, Broadwater 
    County, Meagher County, Flathead County, and Missoula County, 
    Montana.
    (c) Compliance With Option Agreement.--The Secretary, the Secretary 
of the Interior, and BSL shall comply with the terms and conditions of 
the Option Agreement except to the extent that any provision of the 
Option Agreement conflicts with this Act.
    (d) Status of Land.--All land conveyed to the United States under 
this Act shall be added to and administered as part of the Gallatin 
National Forest and Deerlodge National Forest, as appropriate, in 
accordance with the Act of March 1, 1911 (5 U.S.C. 515 et seq.), and 
other laws (including regulations) pertaining to the National Forest 
System.
    (e) Management.--
        (1) Public process.--Not later than 30 days after the date of 
    completion of the land-for-land exchange under section 4(f)(1), the 
    Secretary shall initiate a public process to amend the Gallatin 
    National Forest Plan and the Deerlodge National Forest Plan to 
    integrate the acquired land into the plans.
        (2) Process time.--The amendment process under paragraph (1) 
    shall be completed as soon as practicable, and in no event later 
    than 540 days after the date on which the amendment process is 
    initiated.
        (3) Limitation.--An amended management plan shall not permit 
    surface occupancy on the acquired land for access to reserved or 
    outstanding oil and gas rights or for exploration or development of 
    oil and gas.
        (4) Interim management.--Pending completion of the forest plan 
    amendment process under paragraph (1), the Secretary shall--
            (A) manage the acquired land under the standards and 
        guidelines in the applicable land and resource management plans 
        for adjacent land managed by the Forest Service; and
            (B) maintain all existing public access to the acquired 
        land.
    (f) Restoration.--
        (1) In general.--The Secretary shall implement a restoration 
    program including reforestation and watershed enhancements to bring 
    the acquired land and surrounding national forest land into 
    compliance with Forest Service standards and guidelines.
        (2) State and local conservation corps.--In implementing the 
    restoration program, the Secretary shall, when practicable, use 
    partnerships with State and local conservation corps, including the 
    Montana Conservation Corps, under the Public Lands Corps Act of 
    1993 (16 U.S.C. 1721 et seq.).
    (g) Implementation.--The Secretary of Agriculture shall ensure that 
sufficient funds are made available to the Gallatin National Forest to 
carry out this Act.
    (h) Revocations.--Notwithstanding any other provision of law, any 
public orders withdrawing lands identified in the Option Agreement from 
all forms of appropriation under the public land laws are revoked upon 
conveyance of the lands by the Secretary.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

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

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.