[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2136 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2136

To provide for the exchange of certain land in the State of Washington.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 5, 1998

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

_______________________________________________________________________

                                 A BILL


 
To provide for the exchange of certain land in the State of Washington.

    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 ``Interstate 90 Land Exchange Act of 
1998''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) certain parcels of private land located in central and 
        southwest Washington are intermingled with National Forest 
        System land owned by the United States and administered by the 
        Secretary of Agriculture as parts of the Mt. Baker-Snoqualmie 
        National Forest, Wenatchee National Forest, and Gifford Pinchot 
        National Forest;
            (2) the private land is owned by the Plum Creek Timber 
        Company, L.P. in an intermingled checkerboard pattern, with the 
        United States or Plum Creek owning alternate square mile 
        sections of land or fractions of square mile sections;
            (3) the checkerboard land ownership pattern in the area has 
        frustrated sound and efficient land management on both private 
        land and national forest land by complicating fish and wildlife 
        habitat management, watershed protection, recreation use, road 
        construction and timber harvest, boundary administration, and 
        protection and management of threatened and endangered species 
        and old growth forest habitat;
            (4) acquisition by the United States of certain parcels of 
        land that have been offered by Plum Creek for addition to the 
        Mt. Baker-Snoqualmie National Forest, Wenatchee National 
        Forest, and Gifford Pinchot National Forest would serve 
        important public objectives, including--
                    (A) enhancement of public access, aesthetics, and 
                recreation opportunities within or near areas of very 
                heavy public recreational use, including--
                            (i) the Alpine Lakes Wilderness Area;
                            (ii) the Pacific Crest Trail;
                            (iii) Snoqualmie Pass;
                            (iv) Cle Elum Lake, Kachess Lake, and 
                        Keechulus Lake; and
                            (v) other popular recreation areas along 
                        the Interstate 90 corridor east of the Seattle-
                        Tacoma metropolitan area;
                    (B) protection and enhancement of old growth 
                forests and habitat for threatened, endangered, and 
                sensitive species, including a net gain of 
                approximately 22,000 acres of critical habitat for the 
                northern spotted owl;
                    (C) consolidation of national forest holdings for 
                more efficient administration and to meet a broad array 
                of ecosystem protection and other public land 
                management goals, including net public gains of 
                approximately 173 miles of stream ownership, 14 miles 
                of the route of the Pacific Crest Trail, 12,800 acres 
                of unroaded land, and 4,000 acres of riparian land; and
                    (D) a significant reduction in administrative costs 
                to the United States through--
                            (i) consolidation of Federal land holdings 
                        for more efficient land management and 
                        planning;
                            (ii) elimination of approximately 300 miles 
                        of boundary identification and posting;
                            (iii) reduced right-of-way, special use, 
                        and other permit processing and issuance for 
                        roads and other facilities on National Forest 
                        System land; and
                            (iv) other administrative cost savings;
            (5) Plum Creek has selected certain parcels of National 
        Forest System land that are logical for consolidation into Plum 
        Creek ownership via a land exchange because the parcels--
                    (A) are intermingled with parcels owned by Plum 
                Creek; and
                    (B)(i) are generally located in less 
                environmentally sensitive areas than the Plum Creek 
                offered land; and
                    (ii) have lower public recreation and other public 
                values than the Plum Creek offered land;
            (6) time is of the essence in consummating a land exchange 
        because delays may force Plum Creek to road or log the offered 
        land and thereby diminish the public values for which the 
        offered land is to be acquired; and
            (7) it is in the public interest to complete the land 
        exchange at the earliest practicable date so that the offered 
        land can be acquired and preserved by the United States for 
        permanent public management, use, and enjoyment.
    (b) Purpose.--The purpose of this Act is to further the public 
interest by authorizing, directing, facilitating, and expediting the 
consummation of the Interstate 90 land exchange so as to ensure that 
the offered land is expeditiously acquired for permanent public use and 
enjoyment.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Offered land.--The term ``offered land'' means the land 
        described in section 4(b) to be conveyed into the public 
        ownership of the United States under this Act.
            (2) Plum creek.--The term ``Plum Creek'' means the Plum 
        Creek Timber Company, L.P., a Delaware Limited Partnership, or 
        its successors, heirs, or assigns.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (4) Selected land.--The term ``selected land'' means the 
        land described in section 4(c) to be conveyed into the private 
        ownership of Plum Creek under this Act.

SEC. 4. LAND EXCHANGE.

    (a) Condition.--The exchange directed by this section shall be 
consummated if, not later than 180 days after the date of enactment of 
this Act, Plum Creek offers to transfer to the United States the 
offered land.
    (b) Conveyance of Offered Land by Plum Creek.--In accordance with 
this Act, Plum Creek shall convey to the United States by deed 
acceptable to the Secretary all right, title, and interest of Plum 
Creek in and to the following offered land:
            (1) Certain land comprising approximately 6,460 acres and 
        located within the exterior boundaries of the Mt. Baker-
        Snoqualmie National Forest, Washington, as generally depicted 
        on a map entitled ``Interstate 90 Land Exchange'', dated April 
        1998.
            (2) Certain land comprising approximately 53,530 acres and 
        located within or adjacent to the exterior boundaries of the 
        Wenatchee National Forest, Washington, as generally depicted on 
        a map entitled ``Interstate 90 Land Exchange'', dated April 
        1998.
            (3) Certain land comprising approximately 400 acres and 
        located within the exterior boundaries of the Gifford Pinchot 
        National Forest, Washington, as generally depicted on a map 
        entitled ``Interstate 90 Land Exchange'', dated April 1998.
    (c) Conveyance of Selected Land by the United States.--On receipt 
of title to the offered land, the Secretary shall simultaneously convey 
to Plum Creek all right, title and interest of the United States, 
subject to valid existing rights, in and to the following selected 
land:
            (1) Certain land administered, as of the date of enactment 
        of this Act, by the Secretary of Agriculture as part of the Mt. 
        Baker-Snoqualmie National Forest, Washington, and comprising 
        approximately 12,305 acres, as generally depicted on a map 
        entitled ``Interstate 90 Land Exchange'', dated April 1998.
            (2) Certain land administered, as of the date of enactment 
        of this Act, by the Secretary of Agriculture as part of the 
        Wenatchee National Forest, Washington, and comprising 
        approximately 14,665 acres, as generally depicted on a map 
        entitled ``Interstate 90 Land Exchange'', dated April 1998.
            (3) Certain land administered, as of the date of enactment 
        of this Act, by the Secretary of Agriculture as part of the 
        Gifford Pinchot National Forest, Washington, and comprising 
        approximately 13,520 acres, as generally depicted on a map 
        entitled ``Interstate 90 Land Exchange'', dated April 1998.

SEC. 5. EXCHANGE VALUATION, APPRAISALS, AND EQUALIZATION.

    (a) Equal Value Exchange.--
            (1) In general.--The values of the offered land and 
        selected land--
                    (A) shall be equal; or
                    (B) if the values are not equal, shall be equalized 
                in accordance with subsection (c).
            (2) Appraisals.--The values of the offered land and 
        selected land shall be determined by appraisals using 
        nationally recognized appraisal standards, including, to the 
        extent appropriate, the Uniform Appraisal Standards for Federal 
        Land Acquisitions (1992), the Uniform Standards of Professional 
        Appraisal Practice, and section 206(d) of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1716(d)).
            (3) Approval by the secretary.--The appraisals, if not 
        completed by the date of enactment of this Act, shall be 
        completed and submitted to the Secretary for approval not later 
        than 90 days after the date of enactment of this Act.
            (4) Resolution of disagreement.--If the Secretary and Plum 
        Creek are unable to agree on the appraised value of a parcel of 
        land, the appraisal or the appraisal issue in dispute shall be 
        resolved in accordance with section 206(d) of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1716(d)).
    (b) Appraisal Assumption.--
            (1) Findings.--Congress finds that--
                    (A) many of the parcels of offered land and 
                selected land are located in areas that have been or 
                may be designated as critical habitat for species 
                determined to be threatened or endangered under the 
                Endangered Species Act of 1973 (16 U.S.C. 1531 et 
                seq.); and
                    (B) such a designation can make traditional 
                appraisals of land difficult absent specific guidance 
                from Congress due to present and future uncertainties 
                relating to the duration, scope, and nature of 
                restrictions that may be imposed on the offered land or 
                selected land as a result of such a designation with 
                respect to future timber harvest and other development 
                activities.
            (2) Appraisal at highest and best use value.--In order to 
        ensure the equitable and uniform appraisal of both the offered 
        and selected lands directed for exchange by this Act, all 
        appraisals under subsection (a) shall determine the highest and 
        best use of the offered land and selected land in accordance 
        with applicable provisions of the Washington State Forest 
        Practices Act, including alternative measures for protecting 
        critical habitat under Washington Administrative Code 222-16-
        080-(6).
    (c) Appraisal Period.--After the final appraised values of the 
offered land and selected land or any portion of the land has been 
approved by the Secretary or otherwise determined under section 206(d) 
of the Federal Land Policy and Management Act (43 U.S.C. 1716(d)), the 
value shall not be reappraised or updated before consummation of the 
land exchange under section 4, except for any adjustments in value as 
may be required under subsection (d).
    (d) Interim Timber Harvest.--The fair market value of any timber 
harvested on the offered land or selected land (as determined by the 
appraisal required under subsection (a)) shall be deducted from the 
final approved appraised value of the land for purposes of value 
equalization under subsection (a).
    (e) Equalization if Surplus of Offered Land.--
            (1) In general.--If the final appraised value of the 
        offered land exceeds the final appraised value of the selected 
        land--
                    (A) the Secretary shall make a cash equalization 
                payment to Plum Creek subject to the 25 percent 
                limitation under section 206(b) of the Federal Land 
                Policy and Management Act of 1976 (43 U.S.C. 1716(d)); 
                or
                    (B) if the Secretary does not have sufficient funds 
                available to make the required cash equalization 
                payment, Plum Creek shall delete offered land from the 
                exchange in the order stated in paragraph (2) until the 
                values are approximately equal.
            (2) Order of deletion.--Deletions under paragraph (1) shall 
        be made in the following order:
                    (A) Township ____ North, Range ____ East, Section 
                ____, Willamette Meridian.
                    (B) Township ____ North, Range ____ East, Section 
                ____, Willamette Meridian.
                    (C) Township ____ North, Range ____ East, Section 
                ____, Willamette Meridian.
                    (D) Township ____ North, Range ____ East, Section 
                ____, Willamette Meridian.
    (f) Equalization if Surplus of Selected Land.--
            (1) In general.--If the final appraised value of the 
        selected land exceeds the final appraised value of the offered 
        land--
                    (A) the Secretary shall delete selected land from 
                the exchange in the order stated in paragraph (2) until 
                the values are approximately equal; or
                    (B) at the election of Plum Creek, Plum Creek shall 
                receive conveyance of the land that the Secretary 
                proposes to delete under subparagraph (A) and equalize 
                the exchange values by making a cash equalization 
                payment to the United States, subject to the 25 percent 
                limitation of section 206(b) under the Federal Land 
                Policy and Management Act of 1976 (43 U.S.C. 1716(d)).
            (2) Order of deletion.--Deletions under paragraph (1) shall 
        be made in the following order:
                    (A) Township ____ North, Range ____ East, Section 
                ____; Willamette Meridian.
                    (B) Township ____ North, Range ____ East, Section 
                ____; Willamette Meridian.
                    (C) Township ____ North, Range ____ East, Section 
                ____; Willamette Meridian.
    (g) Use of Proceeds by the Secretary.--The amount of any cash 
equalization payment received by the Secretary under this section shall 
be retained by the Secretary and may be used by the Secretary to 
purchase land from willing sellers in the State of Washington for 
addition to the National Forest System.

SEC. 6. MISCELLANEOUS PROVISIONS.

    (a) Status of Land After Exchange.--
            (1) Land acquired by the secretary.--
                    (A) In general.--Land acquired by the Secretary 
                under this Act shall become part of the Mt. Baker-
                Snoqualmie Forest, Wenatchee Forest, or Gifford Pinchot 
                National Forests, as determined by the Secretary.
                    (B) Modification of boundaries.--If any land 
                acquired by the Secretary lies outside the exterior 
                boundaries of the national forests identified in 
                subparagraph (A), the Secretary shall modify the 
boundaries of the appropriate forest to include the land.
                    (C) Management.--Land acquired by the Secretary 
                under this Act shall be managed in accordance with the 
                Act of March 1, 1911 (commonly known as the ``Weeks 
                Law''), and with the other laws (including regulations) 
                applicable to the National Forest System.
            (2) Land acquired by plum creek.--Land acquired by Plum 
        Creek under this Act shall become private land for all purposes 
        of law, unless the patent by which conveyance is made to Plum 
        Creek contains a specific reservation.
    (b) Access to Land Acquired by Plum Creek.--
            (1) Parcels to which existing access is adequate.--
                    (A) Finding.--Except with respect to parcels of 
                land described in paragraph (2), Congress finds that 
                Plum Creek will have adequate post-exchange access to 
                the selected land over existing primary, secondary, or 
                other national forest routes or over existing Plum 
                Creek roads.
                    (B) Road closing.--If the Secretary determines to 
                close any such existing national forest road to general 
                public use, the Secretary shall, if requested by Plum 
                Creek--
                            (i) keep the road open for use by Plum 
                        Creek; or
                            (ii) if the road is closed, shall, before 
                        the road is closed, provide Plum Creek with an 
                        alternative access road that is acceptable to 
                        Plum Creek.
            (2) Parcels needing additional access.--
                    (A) Finding.--Congress finds that with respect to 
                the following parcels of selected land, the Secretary 
                should grant post-exchange road access to Plum Creek 
                through the following adjacent or nearby identified 
                parcels of National Forest System land that will remain 
                in Federal ownership:
                            (i) Selected land section.--T____N, R____E, 
                        Sec. ____, Willamette Meridian.
                            (ii) Adjacent or nearby nfs section.--
                        T____N, R____E, Sec. ____, Willamette Meridian.
                    (B) Easement.--Simultaneously with the conveyance 
                of the land sections described in subparagraph (A)(i) 
                to Plum Creek, the Secretary shall, without 
                consideration, grant Plum Creek a permanent road access 
                easement and preapproved road route through the 
                adjacent or nearby National Forest System land section 
                or sections described in subparagraph (A)(ii).
                    (C) Effect on appraisals.--For purposes of the 
                appraisals under section 5, the selected land sections 
                described in subparagraph (A)(i) shall be appraised as 
                having available, but unbuilt, road access.
                    (D) Construction standard.--Unless the Secretary 
                requests otherwise or Plum Creek uses its adjacent 
                lands for other than commercial timber purposes, roads 
                constructed by Plum Creek on easements granted under 
                this subsection--
                            (i) shall be built to a minimum standard 
                        necessary to accommodate ingress and egress for 
                        purposes of commercial timber harvest on the 
                        adjacent Plum Creek lands; and
                            (ii) shall be closed to public use.
    (c) Access to Land Acquired by United States.--
            (1) In general.--Simultaneously with the transfer of the 
        offered land to the United States, Plum Creek shall grant the 
        United States, without consideration, such permanent easements 
        as may be necessary to secure to the United States access for 
        reasonable public use and enjoyment of the offered lands 
        acquired by the United States.
            (2) Location.--Unless the Secretary and Plum Creek agree 
        otherwise, an easement under this section shall be located to 
        the extent practicable along roads that are in existence as of 
        the date of enactment of this Act.
    (d) Timing.--It is the intent of Congress that the land exchange 
under this Act be consummated not later than 120 days after the date on 
which Plum Creek makes the Secretary an offer to exchange under section 
3(a), unless the Secretary and Plum Creek agree to extend the 
consummation date.
    (e) Withdrawal of Selected Land.--
            (1) In general.--Effective until the date described in 
        paragraph (2), Congress withdraws from all forms of entry and 
        appropriation under the public land laws (including the mining 
        laws) any parcel of selected land--
                    (A) with respect to which such a withdrawal by the 
                Secretary of the Interior has not been made before the 
                date of enactment of this Act; or
                    (B) with respect to which such a withdrawal that 
                the Secretary of the Interior has made expires before 
                the date described in paragraph (2).
            (2) Date described.--With respect to any parcel of land 
        described in paragraph (1), the date described in this 
        paragraph is the date on which--
                    (A) the parcel is deleted from the exchange under 
                section 4(d) or 5(b)(2); or
                    (B) the land exchange under this Act is 
                consummated.
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