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





                                                       Calendar No. 623

105th CONGRESS

  2d Session

                                S. 2136

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 25, 1998

                       Reported with an amendment





                                                       Calendar No. 623
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

                           September 25, 1998

              Reported by Mr. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Interstate 90 Land Exchange 
Act of 1998''.</DELETED>

<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) enhancement of public access, 
                aesthetics, and recreation opportunities within or near 
                areas of very heavy public recreational use, 
                including--</DELETED>
                        <DELETED>    (i) the Alpine Lakes Wilderness 
                        Area;</DELETED>
                        <DELETED>    (ii) the Pacific Crest 
                        Trail;</DELETED>
                        <DELETED>    (iii) Snoqualmie Pass;</DELETED>
                        <DELETED>    (iv) Cle Elum Lake, Kachess Lake, 
                        and Keechulus Lake; and</DELETED>
                        <DELETED>    (v) other popular recreation areas 
                        along the Interstate 90 corridor east of the 
                        Seattle-Tacoma metropolitan area;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (D) a significant reduction in 
                administrative costs to the United States through--
                </DELETED>
                        <DELETED>    (i) consolidation of Federal land 
                        holdings for more efficient land management and 
                        planning;</DELETED>
                        <DELETED>    (ii) elimination of approximately 
                        300 miles of boundary identification and 
                        posting;</DELETED>
                        <DELETED>    (iii) reduced right-of-way, 
                        special use, and other permit processing and 
                        issuance for roads and other facilities on 
                        National Forest System land; and</DELETED>
                        <DELETED>    (iv) other administrative cost 
                        savings;</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) are intermingled with parcels owned by 
                Plum Creek; and</DELETED>
                <DELETED>    (B)(i) are generally located in less 
                environmentally sensitive areas than the Plum Creek 
                offered land; and</DELETED>
                <DELETED>    (ii) have lower public recreation and 
                other public values than the Plum Creek offered 
                land;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Secretary.--The term ``Secretary'' means the 
        Secretary of Agriculture.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 4. LAND EXCHANGE.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 5. EXCHANGE VALUATION, APPRAISALS, AND 
              EQUALIZATION.</DELETED>

<DELETED>    (a) Equal Value Exchange.--</DELETED>
        <DELETED>    (1) In general.--The values of the offered land 
        and selected land--</DELETED>
                <DELETED>    (A) shall be equal; or</DELETED>
                <DELETED>    (B) if the values are not equal, shall be 
                equalized in accordance with subsection (c).</DELETED>
        <DELETED>    (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)).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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)).</DELETED>
<DELETED>    (b) Appraisal Assumption.--</DELETED>
        <DELETED>    (1) Findings.--Congress finds that--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (e) Equalization if Surplus of Offered Land.--</DELETED>
        <DELETED>    (1) In general.--If the final appraised value of 
        the offered land exceeds the final appraised value of the 
        selected land--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) Order of deletion.--Deletions under paragraph 
        (1) shall be made in the following order:</DELETED>
                <DELETED>    (A) Township </DELETED>____ 
                <DELETED>North, Range </DELETED>____ <DELETED>East, 
                Section </DELETED>____<DELETED>, Willamette 
                Meridian.</DELETED>
                <DELETED>    (B) Township </DELETED>____ 
                <DELETED>North, Range </DELETED>____ <DELETED>East, 
                Section </DELETED>____<DELETED>, Willamette 
                Meridian.</DELETED>
                <DELETED>    (C) Township </DELETED>____ 
                <DELETED>North, Range </DELETED>____ <DELETED>East, 
                Section </DELETED>____<DELETED>, Willamette 
                Meridian.</DELETED>
                <DELETED>    (D) Township </DELETED>____ 
                <DELETED>North, Range </DELETED>____ <DELETED>East, 
                Section </DELETED>____<DELETED>, Willamette 
                Meridian.</DELETED>
<DELETED>    (f) Equalization if Surplus of Selected Land.--</DELETED>
        <DELETED>    (1) In general.--If the final appraised value of 
        the selected land exceeds the final appraised value of the 
        offered land--</DELETED>
                <DELETED>    (A) the Secretary shall delete selected 
                land from the exchange in the order stated in paragraph 
                (2) until the values are approximately equal; 
                or</DELETED>
                <DELETED>    (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)).</DELETED>
        <DELETED>    (2) Order of deletion.--Deletions under paragraph 
        (1) shall be made in the following order:</DELETED>
                <DELETED>    (A) Township </DELETED>____ 
                <DELETED>North, Range </DELETED>____ <DELETED>East, 
                Section </DELETED>____<DELETED>; Willamette 
                Meridian.</DELETED>
                <DELETED>    (B) Township </DELETED>____ 
                <DELETED>North, Range </DELETED>____ <DELETED>East, 
                Section </DELETED>____<DELETED>; Willamette 
                Meridian.</DELETED>
                <DELETED>    (C) Township </DELETED>____ 
                <DELETED>North, Range </DELETED>____ <DELETED>East, 
                Section </DELETED>____<DELETED>; Willamette 
                Meridian.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 6. MISCELLANEOUS PROVISIONS.</DELETED>

<DELETED>    (a) Status of Land After Exchange.--</DELETED>
        <DELETED>    (1) Land acquired by the secretary.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Access to Land Acquired by Plum Creek.--</DELETED>
        <DELETED>    (1) Parcels to which existing access is 
        adequate.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) keep the road open for use by 
                        Plum Creek; or</DELETED>
                        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Parcels needing additional access.--</DELETED>
                <DELETED>    (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:</DELETED>
                        <DELETED>    (i) Selected land section.--
                        T</DELETED>____<DELETED>N, 
                        R</DELETED>____<DELETED>E, Sec. 
                        </DELETED>____<DELETED>, Willamette 
                        Meridian.</DELETED>
                        <DELETED>    (ii) Adjacent or nearby nfs 
                        section.--T</DELETED>____<DELETED>N, 
                        R</DELETED>____<DELETED>E, Sec. 
                        </DELETED>____<DELETED>, Willamette 
                        Meridian.</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) shall be closed to public 
                        use.</DELETED>
<DELETED>    (c) Access to Land Acquired by United States.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Withdrawal of Selected Land.--</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) with respect to which such a 
                withdrawal that the Secretary of the Interior has made 
                expires before the date described in paragraph 
                (2).</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the parcel is deleted from the 
                exchange under section 4(d) or 5(b)(2); or</DELETED>
                <DELETED>    (B) the land exchange under this Act is 
                consummated.</DELETED>

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 surface estate and some subsurface 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 
        and National Forest lands 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 and Wenatchee National 
        Forest will 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 28,500 acres of 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 283 miles of stream ownership, 14 miles 
                of the route of the Pacific Crest Trail, 20,000 acres 
                of unroaded land, and 7,360 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 utilizing 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.--It is the purpose of this Act to further the public 
interest by authorizing, directing, facilitating, and expediting the 
consummation of the Interstate 90 land exchange so as to insure 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 all 
        right, title and interest in 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 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 all 
        right, title and interest in 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 and Conveyance of Offered Land.--The exchange 
directed by this section shall be consummated if, not later than 270 
days after the date of enactment of this Act, Plum Creek conveys 
acceptable title to the Secretary in and to the following offered land:
            (1) Certain land comprising approximately 8,340 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 
        September, 1998.
            (2) Certain land comprising approximately 53,576 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 
        September, 1998.
    (b) Conveyance of Selected Land by the United States.--Upon receipt 
of acceptable 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 6,137 acres, as generally depicted on a map 
        entitled ``Interstate 90 Land Exchange'', date September, 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 5,197 acres, as generally depicted on a map 
        entitled ``Interstate 90 Land Exchange'', dated September, 
        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 5,601 acres, as generally depicted on a map 
        entitled ``Interstate 90 Land Exchange'', dated September, 
        1998.

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

    (a) Equal Value Exchange.--
            (1) In general.--The values of the offered and selected 
        land--
                    (A) shall be equal; or
                    (B) if the values are not equal, shall be equalized 
                as set forth in subsections (e)-(g).
            (2) Appraisals.--The values of the offered land and 
        selected land shall be determined by appraisals utilizing 
        nationally recognized appraisal standards, including applicable 
        provisions of 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, as amended (43 U.S.C. 
        1716(d)).
            (3) Approval by the secretary.--The appraisals, if not 
        already completed by the date of enactment of this Act, shall 
be completed and submitted to the Secretary for approval not later than 
180 days after the date of enactment of this Act: Provided, however, 
That all timber activities cease no later than November 30, 1998.
    (b) Appraisal Assumption.--
            (1) Findings.--Congress finds that--
                    (A) many of the parcels of offered land and 
                selected land are located within areas that have been 
                or may be designed 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 or 
                selected land as a result of such 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 and selected land. The appraisal of the 
        timber estate shall be in accordance with applicable provisions 
        of the Washington State Forest Practices Act and rules and 
        regulations thereunder, including alternative measures for 
        protecting critical habitat pursuant to a habitat conservation 
        plan as provided in Washington Administrative Code 222-16-080-
        (6).
    (c) Appraisal Period.--After the final appraised values of the 
offered and selected lands, 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, except for any adjustments under subsection 6(g).
    (d) 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, Plum Creek shall delete offered land parcels from the 
        exchange in the exact order each land Section (or offered 
        portion thereof) is listed in paragraph (2) until the values 
        are approximately equal.
            (2) Order of deletion.--Offered land deletions under 
        paragraph (1) shall be made in the following order:
                    (A) Township 22 North, Range 13 East, Section 31, 
                Willamette Meridian.
                    (B) Township 21 North, Range 11 East, Section 35.
                    (C) Township 19 North, Range 11 East, Section 35.
                    (D) Township 19 North, Range 12 East, Section 1.
                    (E) Township 20 North, Range 11 East, Sections 1 
                and 13.
                    (F) Township 19 North, Range 12 East, Section 15.
                    (G) Township 20 North, Range 11 East, Section 11.
                    (H) Township 21 North, Range 11 East, Section 27.
                    (I) Township 19 North, Range 13 East, Sections 27 
                and 15.
                    (J) Township 21 North, Range 11 East, Sections 21 
                and 25.
                    (K) Township 19 North, Range 11 East, Section 23.
                    (L) Township 19 North, Range 13 East, Sections 21, 
                9, and 35.
                    (M) Township 20 North, Range 12 East, Sections 35 
                and 27.
                    (N) Township 19 North, Range 12 East, Section 11.
                    (O) Township 21 North, Range 11 East, Section 17.
    (e) 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 the Secretary shall delete selected land parcels from the 
        exchange in the exact order each land Section (or selected 
        portion thereof) is listed in paragraph (2) until the values 
        are approximately equal.
            (2) Order of deletion.--Selected land deletions under 
        paragraph 1 shall be made in the following listed order:
                    (A) Township 21 North, Range 14 East, Sections 28, 
                22, 36, 26, and 16, Willamette Meridian.
                    (B) Township 18 North, Range 15 East, Sections 13, 
                12, and 2.
                    (C) Township 18 North, Range 15 East, Section 1.
                    (D) Township 18 North, Range 15 East, Section 17.
                    (E) Township 20 North, Range 11 East, Section 30.
                    (F) Township 19 North, Range 11 East, Section 6.
                    (G) Township 20 North, Range 11 East, Section 32.
    (f) Once the values of the offered and selected lands are equalized 
to the maximum extent practicable under subsections (d) or (e), any 
balance due the Secretary or Plum Creek shall be made through cash 
equalization payments under subsection 206(b) of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1716(b).
    (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 shall be used by the Secretary until 
fully expended 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 Lands 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, Gifford Pinchot or Wenatchee National 
                Forests, as appropriate.
                    (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 boundaries of the appropriate 
                national forest are hereby modified to include such 
                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, rules, regulations and 
                guidelines 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 deed by which conveyance is made to Plum 
        Creek contains a specific reservation.
    (b) Access to Land Acquired by Plum Creek.--
            (1) Finding.--Congress finds that Plum Creek will generally 
        have adequate post-exchange access to the selected land over 
        existing primary, secondary, or other national forest routes, 
        or over existing Plum Creek roads.
            (2) Intention.--It is the intention of Congress that Plum 
        Creek have immediate access to all lands it acquired under this 
        Act:
                    (A) Access within cost share agreement areas.--
                Within Cost Share Construction and Use Agreement Areas, 
                the United States shall grant Plum Creek, simultaneous 
                with the transfer of the selected land to Plum Creek, 
                road access easements in accordance with the terms and 
                conditions of said cost share construction and use 
                agreements for the roads identified on the map entitled 
                ``Plum Creek Access Road Needs'', dated September 1998.
                    (B) Access outside cost share agreement areas.--
                Outside of Cost Share Construction and Use Agreement 
                Areas, the United States shall grant Plum Creek, 
                simultaneous with the transfer of the selected land to 
                Plum Creek, road access easements in a form set out in 
                Forest Service Handbook 2709.12, 35, subject to the 
                Secretary's rules and regulations 36 CFR 251, subpart 
                B.
    (c) Access to Lands Acquired by United States.--It is the intent of 
Congress that the Secretary have post-exchange access to the land 
acquired by the United States under this Act. Within Cost Share 
Construction and Use Agreement Areas, Plum Creek shall grant the 
Secretary, simultaneous with the transfer of the offered land, road 
access easements in accordance with the terms and conditions of said 
Cost Share Construction and Use Agreements. Outside of Cost Share 
Construction and Use Agreement Areas, Plum Creek shall grant the 
Secretary, simultaneous with the transfer of the offered land, road 
access easements in a format acceptable to the Secretary.
    (d) Timing.--It is the intent of Congress that the land exchange 
authorized and directed by this Act be consummated no later than 90 
days after the date on which Plum Creek conveys title acceptable to the 
Secretary, unless the Secretary and Plum Creek mutually agree to extend 
the consummation date.
    (e) Withdrawal of Selected Land.--Effective upon the date of 
enactment of this Act, all selected land identified for exchange to 
Plum Creek under Section 4(c) is hereby withdrawn from all forms of 
entry and appropriation under the public land laws (including the 
mining laws) until such time as the exchange is consummated, or until a 
particular parcel or parcels are deleted from the exchange under 
section 5(e).
    (f) Withdrawal of Cle Elum River Lands.--Lands acquired by the 
Secretary under this Act that are located in Township 23 North, Range 
14 East, and Township 22 North, Range 14 East, Willamette Meridian, 
shall upon the date of their acquisition be permanently withdrawn from 
all forms of entry and appropriation under the public land laws, 
including the mineral, mineral leasing and hardrock mining laws.
    (g) Parcels Subject to Historic or Cultural Resource 
Restrictions.--
            (1) Report to plum creek.--No later than 180 days after 
        enactment of this Act, the Secretary shall complete 
        determinations and consultation under the National Historic 
        Preservation Act and submit a report to Plum Creek listing by 
        exact aliquot part description any parcel or parcels of 
        selected land on which use restrictions or mitigation 
        requirements will be imposed. Such report shall include an 
        exact description of each restriction or mitigation action 
        required.
            (2) Plum creek response.--Prior to making an offer to 
        exchange under section 4(a) of this Act, Plum Creek shall 
        notify the Secretary as to: (i) those parcels it will accept 
        subject to the identified use restrictions or mitigation 
        requirements; and (ii) those parcels it will not accept because 
        the restrictions or mitigation requirements are deemed by Plum 
        Creek to be an unacceptable encumbrance on the land.
            (3) Parcel deletion.--The Secretary shall delete from the 
        selected land those parcels identified by Plum Creek as 
        unacceptable for conveyance under paragraph (2).
            (4) Appraisal adjustment.--The fair market value of any 
        parcels deleted under paragraph (3), or any modification in 
        fair market value caused by the use restrictions or mitigation 
        requirements on land accepted by Plum Creek, shall based on 
        their contributory value to the final approved appraised value 
        of the selected land.