[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1719 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 1719

    To direct the Secretary of Agriculture and the Secretary of the 
   Interior to exchange land and other assets with Big Sky Lumber Co.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 6, 1998

 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


 
    To direct the Secretary of Agriculture and the Secretary of the 
   Interior to exchange land and other assets with Big Sky Lumber Co.

    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; and
            (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.

 SEC. 3. DEFINITIONS.

    In this Act:
            (1) BLM land.--The term ``BLM land'' means approximately 
        3,000 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 
        55,000 acres of land (including all appurtenances to the land) 
        owned by BSL that is proposed to be acquired by the Secretary 
        of Agriculture, as depicted in Exhibit A to the Option 
        Agreement.
            (4) Forest system land.--The term ``Forest System land'' 
        means approximately 28,000 acres of land (including all 
        appurtenances to the land) owned by the United States in the 
        Gallatin National Forest, Flathead National Forest, Deer Lodge 
        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.
            (5) Option agreement.--The term ``Option Agreement'' means 
        the document signed by BSL, dated ____________ and entitled 
        ``Option Agreement for the Acquisition of Big Sky Lumber Co. 
        Lands Pursuant to the Gallatin Range Consolidation and 
        Protection Act of 1993'', and the exhibits (including an 
        exchange agreement) and maps attached to the agreement.

 SEC. 4. GALLATIN LAND CONSOLIDATION COMPLETION.

    (a) In General.--Notwithstanding any other provision of law, if BSL 
offers title to the BSL land, including mineral interests, that is 
acceptable to the United States and meets the requirements of 
subsection (e)--
            (1) the Secretary of Agriculture shall accept a warranty 
        deed to the BSL land and a quit claim deed to the mineral 
        interests in the BSL land;
            (2) the Secretary of Agriculture shall convey to BSL, 
        subject to valid existing rights and to such other terms, 
        conditions, reservations, and exceptions as may be agreed on by 
        the Secretary of Agriculture and BSL fee title to the Forest 
        System land;
            (3) the Secretary shall grant to BSL timber harvest rights 
        to approximately 20,000,000 board feet of timber in accordance 
        with subsection (c) and as described in Exhibit C to the Option 
        Agreement;
            (4)(A) subject to the availability of funds, the Secretary 
        of Agriculture shall purchase the portion of the BSL land in 
        the Taylor Fork area depicted on Exhibit D to the Option 
        Agreement at a purchase price of not more than $6,500,000; and
            (B) to extent that funds are not available, the Secretary 
        of Agriculture shall acquire the remaining Taylor Fork sections 
        through an exchange of assets; and
            (5) the Secretary of the Interior shall convey to BSL, by 
        patent or otherwise, subject to valid existing rights and to 
        such 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.
    (b) Valuation.--The property and other assets exchanged by BSL and 
the United States under subsection (a) shall be approximately equal in 
value, as determined by the Secretary of Agriculture.
    (c) Timber Harvest Rights.--
            (1) In general.--Not later than December 31 of the second 
        full calendar year that begins after the date of enactment of 
        this Act, the Secretary shall prepare, grant to BSL, and 
        commence administration of the timber harvest rights identified 
        in Exhibit C to the Option Agreement.
            (2) Grants.--
                    (A) In general.--The Secretary shall grant timber 
                harvest rights to BSL not earlier than the date that is 
                45 days after the date on which the Secretary issues a 
                decision notice to grant the timber harvest rights, or, 
                if such a decision notice is appealed, after the date 
                of final resolution of the appeal.
                    (B) Limitation.--The Secretary may not grant timber 
                harvest rights that are the subject of administrative 
                appeal or litigation.
            (3) Administration.--After timber harvest rights are 
        granted to BSL, the decision notice for those rights and the 
        administration of those rights in accordance with the decision 
        notice shall not be subject to administrative appeal or 
        judicial review.
            (4) Schedules.--The Secretary and BSL shall mutually 
        develop and agree on schedules for the harvest of timber the 
        harvest rights to which are granted to BSL in the exchange.
            (5) Timber sale program.--The timber harvest rights granted 
        under this Act--
                    (A) shall constitute the timber sale program for 
                the Gallatin National Forest for the period beginning 
                on the date of enactment of this Act and ending on 
                December 31 of the second full calendar year that 
                begins after that date; and
                    (B) shall be funded by the Secretary annually at 
                levels that are commensurate with the preparation and 
                administration involved in the program.
            (6) Substitution.--If circumstances, such as natural 
        catastrophe, administrative appeals or litigation, regulatory 
        or legal limitations, or environmental or financial 
        circumstances, prevent the Secretary from granting the timber 
        harvest rights identified in Exhibit C to the Option Agreement, 
        the Secretary shall replace the value of the diminished timber 
        harvest rights by substituting equivalent timber harvest rights 
        volume from the same market area.
            (7) Open market.--All timber harvest rights granted to BSL 
        in the exchange under subsection (a) shall be offered for sale 
        by BSL through the competitive bid process.
            (8) Small business.--All timber harvest rights granted to 
        BSL in the exchange shall be subject to compliance by BSL with 
        Forest Service small business program procedures in effect as 
        of the date of enactment of this Act, including contractual 
        provisions for payment schedules, harvest schedules, and bonds 
        and including the right of the highest bidder among qualified 
        small businesses that submit minimum bids to be awarded a 
        timber contract.
            (9) Compliance with option agreement.--The Secretary and 
        BSL shall comply with the terms and conditions of the Option 
        Agreement, including terms and conditions with respect to 
        timber harvest rights included in the exchange.
    (d) Rights-of-Way.--As part of the exchange under subsection (a)--
            (1) the Secretary of Agriculture, 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 Forest System land as may be agreed to by 
        the Secretary of Agriculture and BSL; and
            (2) BSL shall convey to the United States such easements in 
        or other rights-of-way over land owned by BSL as may be agreed 
        to by the Secretary of Agriculture and BSL.
    (e) Quality of Title.--
            (1) Determination.--The Secretary of Agriculture 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 or 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 by the United States or the State of Montana, 
                by patent or as otherwise agreed to by the Secretary 
                and BSL), 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; and
                            (iv) 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 of Agriculture 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 of Agriculture 
        shall accept the conveyance of land described in subsection (a) 
        not later than 45 days after the Secretary of Agriculture has 
        made an affirmative determination of quality of title.
            (2) Land-for-timber exchange.--The Secretary shall make the 
        timber harvest rights described in subsection (a)(3) available 
        not later than December 31 of the second full calendar year 
        that begins after the date of enactment of this Act.
            (3) Purchase.--The Secretary of Agriculture shall complete 
        the purchase of BSL land under subsection (a)(4) not later than 
        30 days after the date on which appropriated funds are made 
available and an affirmative determination of quality of title is made 
with respect to the BSL land.

SEC. 5. GENERAL PROVISIONS.

    (a) Minor Corrections.--
            (1) In general.--The Option Agreement shall be subject to 
        such minor corrections as may be agreed to by the Secretary of 
        Agriculture 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 
        pursuant to this subsection.
    (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) 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 (commonly known as the ``Weeks 
Act'') (36 Stat. 961, chapter 186), and other laws (including 
regulations) pertaining to the National Forest System.
    (d) 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 BSL land into the plans.
            (2) Process time.--The amendment process under paragraph 
        (1) shall be completed not later than 360 days after the date 
        on which the amendment process is initiated.
            (3) Limitation.--An amended management plan shall not 
        permit surface occupancy on the BSL 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 BSL land under the same 
                standards, guidelines, and management directions as 
                adjacent land managed by the Forest Service; and
                    (B) maintain all existing public access to the 
                acquired BSL land.
    (e) Restoration.--
            (1) In general.--After acquiring the BSL land, the 
        Secretary shall implement a restoration program including 
        reforestation and watershed enhancements to bring the BSL 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.).
    (f) Implementation.--The Secretary of Agriculture shall ensure that 
sufficient funds are made available to the Gallatin National Forest to 
carry out this Act.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

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