[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 750 Reported in Senate (RS)]





                                                       Calendar No. 184

105th CONGRESS

  1st Session

                                 S. 750

                          [Report No. 105-92]

_______________________________________________________________________

                                 A BILL

To consolidate certain mineral interests in the National Grasslands in 
  Billings County, North Dakota, through the exchange of Federal and 
 private mineral interests to enhance land management capabilities and 
     environmental and wildlife protection, and for other purposes.

_______________________________________________________________________

                           September 30, 1997

                       Reported with an amendment





                                                       Calendar No. 184
105th CONGRESS
  1st Session
                                 S. 750

                          [Report No. 105-92]

To consolidate certain mineral interests in the National Grasslands in 
  Billings County, North Dakota, through the exchange of Federal and 
 private mineral interests to enhance land management capabilities and 
     environmental and wildlife protection, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 15, 1997

Mr. Dorgan (for himself and Mr. Conrad) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                           September 30, 1997

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

_______________________________________________________________________

                                 A BILL


 
To consolidate certain mineral interests in the National Grasslands in 
  Billings County, North Dakota, through the exchange of Federal and 
 private mineral interests to enhance land management capabilities and 
     environmental and wildlife protection, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. EXCHANGE OF CERTAIN MINERAL INTERESTS IN BILLINGS 
              COUNTY, NORTH DAKOTA.</DELETED>

<DELETED>    (a) Purpose.--The purpose of this section is to 
consolidate certain mineral interests in the Little Missouri National 
Grasslands in Billings County, North Dakota, through the exchange of 
Federal and private mineral interests in order to enhance land 
management capability and environmental and wildlife 
protection.</DELETED>
<DELETED>    (b) Exchange.--Notwithstanding any other provision of 
law--</DELETED>
        <DELETED>    (1) if, not later than 45 days after the date of 
        enactment of this Act, Burlington Resources Oil & Gas Company 
        (referred to in this section as ``Burlington'' and formerly 
        known as Meridian Oil Inc.), conveys title acceptable to the 
        Secretary of Agriculture (referred to in this section as the 
        ``Secretary'') to rights and interests identified on the map 
        entitled ``Billings County, North Dakota, Consolidated Mineral 
        Exchange--November 1995'', by quitclaim deed acceptable to the 
        Secretary, the Secretary shall convey to Burlington, subject to 
        valid existing rights, by quitclaim deed, all Federal rights 
        and interests identified on that map; and</DELETED>
        <DELETED>    (2) if Burlington makes the conveyance under 
        paragraph (1) and, not later than 180 days after the date of 
        enactment of this Act, the owners of the remaining non-oil and 
        gas mineral interests identified on that map convey title 
        acceptable to the Secretary to all rights, title, and interests 
        in the interests held by them, by quitclaim deed acceptable to 
        the Secretary, the Secretary shall convey to those owners, 
        subject to valid existing rights, by exchange deed, all Federal 
        rights, title, and interests in National Forest System lands 
        and National Grasslands in the State of North Dakota as are 
        agreed to by the Secretary and the owners of those 
        interests.</DELETED>
<DELETED>    (c) Leasehold Interests.--As a condition precedent to the 
conveyance of interests by the Secretary to Burlington under this 
section, all leasehold and contractual interests in the oil and gas 
interests to be conveyed by Burlington to the United States under this 
section shall be released, to the satisfaction of the 
Secretary.</DELETED>
<DELETED>    (d) Approximate Equal Value of Exchanges With Other 
Interest Owners.--The values of the interests to be exchanged under 
subsection (b)(2) shall be approximately equal, as determined by the 
Secretary.</DELETED>
<DELETED>    (e) Land Use.--</DELETED>
        <DELETED>    (1) Exploration and development.--The Secretary 
        shall grant to Burlington, and its successors and assigns, the 
        use of Federally-owned surface lands to explore for and develop 
        interests conveyed to Burlington under this Act, subject to 
        applicable Federal and State laws.</DELETED>
        <DELETED>    (2) Surface occupancy and use.--Rights to surface 
        occupancy and use that Burlington would have absent the 
        exchange under this Act on its interests conveyed under this 
        Act shall apply to the same extent on the federally owned 
        surface estate overlying oil and gas rights conveyed to 
        Burlington under this Act.</DELETED>
<DELETED>    (f) Environmental Protection for Environmentally Sensitive 
Lands.--All activities of Burlington, and its successors and assigns, 
relating to exploration and development on environmentally sensitive 
National Forest System lands, as described in the ``Memorandum of 
Understanding Concerning Certain Severed Mineral Estates, Billings 
County, North Dakota'', executed by the Forest Service and Burlington 
and dated November 2, 1995, shall be subject to the terms of the 
memorandum.</DELETED>
<DELETED>    (g) Map.--The map referred to in subsection (b) shall be 
provided to the Committee on Energy and Natural Resources of the Senate 
and the Committee on Resources of the House of Representatives, kept on 
file in the office of the Chief of the Forest Service, and made 
available for public inspection in the office of the Forest Supervisor 
of the Custer National Forest within 45 days after the date of 
enactment of this Act.</DELETED>
<DELETED>    (h) Other Laws.--The exchange under subsection (b)(1) 
shall be deemed to meet the requirements of all other Federal laws, 
including all land exchange laws, environmental laws, and cultural laws 
(such as the National Historic Preservation Act (16 U.S.C. 470 et 
seq.)), and no further compliance with any other law shall be required 
in order to implement the exchanges.</DELETED>
<DELETED>    (i) Continuation of Multiple Use.--Nothing in this Act 
shall limit, restrict, or otherwise effect the application of the 
principle of multiple use (including outdoor recreation, range, timber, 
watershed, and fish and wildlife purposes) in any area of the Little 
Missouri National Grasslands. Federal grazing permits or privileges in 
areas designated on the map entitled ``Billings County, North Dakota, 
Consolidated Mineral Exchange--November 1995'' or those lands described 
in the ``Memorandum of Understanding Concerning Certain Severed Mineral 
Estates, Billings County, North Dakota'', shall not be curtailed or 
otherwise limited as a result of the exchange authorized by this 
Act.</DELETED>

SECTION 1. EXCHANGE OF CERTAIN MINERAL INTERESTS IN BILLINGS COUNTY, 
              NORTH DAKOTA.

    (a) Purpose.--The purpose of this Act is to direct the 
consolidation of certain mineral interests in the Little Missouri 
National Grasslands in Billings County, North Dakota, through the 
exchange of Federal and private mineral interests in order to enhance 
land management capability and environmental and wildlife protection.
    (b) Exchange.--Notwithstanding any other provision of law--
            (1) if, not later than 45 days after the date of enactment 
        of this Act, Burlington Resources Oil & Gas Company (referred 
        to in this Act as ``Burlington'' and formerly known as Meridian 
        Oil Inc.), conveys title acceptable to the Secretary of 
        Agriculture (referred to in this Act as the ``Secretary'') to 
        all oil and gas rights and interests on lands identified on the 
        map entitled ``Billings County, North Dakota, Consolidated 
        Mineral Exchange--November 1995'', by quitclaim deed acceptable 
        to the Secretary, the Secretary shall convey to Burlington, 
        subject to valid existing rights, by quit-claim deed, all 
        Federal oil and gas rights and interests on lands identified on 
        that map; and
            (2) if Burlington makes the conveyance under paragraph (1) 
        and, not later than 180 days after the date of enactment of 
        this Act, the owners of the remaining non-oil and gas mineral 
        interests on lands identified on that map convey title 
        acceptable to the Secretary to all rights, title, and interests 
        in the interests held by them, by quitclaim deed acceptable to 
        the Secretary, the Secretary shall convey to those owners, 
        subject to valid existing rights, by exchange deed, all 
        remaining Federal non-oil and gas mineral rights, title, and 
        interests in National Forest System lands and National 
        Grasslands identified on that map in the State of North Dakota 
        as are agreed to by the Secretary and the owners of those 
        interests.
    (c) Leasehold Interests.--As a condition precedent to the 
conveyance of interests by the Secretary to Burlington under this Act, 
all leasehold and contractual interests in the oil and gas interests to 
be conveyed by Burlington to the United States under this Act shall be 
released, to the satisfaction of the Secretary.
    (d) Equal Valuation of Oil and Gas Rights Exchange.--The values of 
the interests to be exchanged under subsection (b)(1) shall be deemed 
to be equal.
    (e) Approximate Equal Value of Exchanges With Other Interest 
Owners.--The values of the interests to be exchanged under subsection 
(b)(2) shall be approximately equal, as determined by the Secretary.
    (f) Land Use.--
            (1) Exploration and development.--The Secretary shall grant 
        to Burlington, and its successors and assigns, the use of 
        Federally-owned surface lands to explore for and develop 
        interests conveyed to Burlington under this Act, subject to 
        applicable Federal and State laws.
            (2) Surface occupancy and use.--Rights to surface occupancy 
        and use that Burlington would have absent the exchange under 
        this Act on its oil and gas rights and interests conveyed under 
        this Act shall apply to the same extent on the federally owned 
        surface estate overlying oil and gas rights and interests 
        conveyed to Burlington under this Act.
    (g) Environmental Protection for Environmentally Sensitive Lands.--
All activities of Burlington, and its successors and assigns, relating 
to exploration and development on environmentally sensitive National 
Forest System lands, as described in the ``Memorandum of Understanding 
Concerning Certain Severed Mineral Estates, Billings County, North 
Dakota'', executed by the Forest Service and Burlington and dated 
November 2, 1995, shall be subject to the terms of the memorandum.
    (h) Map.--The map referred to in subsection (b) shall be provided 
to the Committee on Energy and Natural Resources of the Senate and the 
Committee on Resources of the House of Representatives, kept on file in 
the office of the Chief of the Forest Service, and made available for 
public inspection in the office of the Forest Supervisor of the Custer 
National Forest within 45 days after the date of enactment of this Act.
    (i) Continuation of Multiple Use.--Nothing in this Act shall limit, 
restrict, or otherwise affect the application of the principle of 
multiple use (including outdoor recreation, range, timber, watershed, 
and fish and wildlife purposes) in any area of the Little Missouri 
National Grasslands. Federal grazing permits or privileges in areas 
designated on the map entitled ``Billings County, North Dakota, 
Consolidated Mineral Exchange--November 1995'' or those lands described 
in the ``Memorandum of Understanding Concerning Certain Severed Mineral 
Estates, Billings County, North Dakota'', shall not be curtailed or 
otherwise limited as a result of the exchanges directed by this Act.