[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2334 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2334

  To authorize the Secretary of Agriculture to accept the donation of 
 certain land in the Mineral Hill-Crevice Mountain Mining District in 
             the State of Montana, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 25, 2002

   Mr. Burns introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
  To authorize the Secretary of Agriculture to accept the donation of 
 certain land in the Mineral Hill-Crevice Mountain Mining District in 
             the State of Montana, and for other purposes.

    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 ``Mineral Hill Historic Mining 
District Preservation Act of 2002''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the Mineral Hill Mine located north of Yellowstone 
        National Park in the Gallatin National Forest possesses 
        outstanding natural characteristics, wildlife habitats, and 
        historic and educational values that would make the land a 
        valuable addition to the National Forest System;
            (2) the mining industry in the State of Montana played an 
        important role in the settlement and development of the western 
        United States;
            (3) to understand the present and future development of 
        natural resources in the United States, it is necessary to 
        study the history of the mining industry;
            (4) the Jardine Historic Mining District, located in the 
        Mineral Hill-Crevice Mountain Mining District, includes 
        historically significant structures that should be retained, 
        restored, maintained, managed, and interpreted;
            (5) TVX Mineral Hill, Inc., the owner of the Mineral Hill 
        Mine, has offered to donate to the Secretary of Agriculture all 
        right, title, and interest of the company in and to the mine; 
        and
            (6) the Secretary of Agriculture should--
                    (A) accept the donation of the Mineral Hill Mine to 
                maintain and preserve the Jardine Historic Mining 
                District and the associated mine site for the benefit, 
                use, and education of present and future generations; 
                and
                    (B) manage and protect the natural characteristics 
                and wildlife habitats on the donated land, consistent 
                with the management by the Secretary of Agriculture of 
                adjoining land in the Gallatin National Forest.
    (b) Purposes.--The purposes of this Act are--
            (1) to authorize the Secretary of Agriculture to accept the 
        donation of certain land located within the boundaries of the 
        Gallatin National Forest;
            (2) to provide for the management and maintenance of the 
        donated land and associated structures for the benefit, use, 
        and education of present and future generations; and
            (3) to promote cooperation between the Secretary of 
        Agriculture, Montana Tech of the University of Montana, and 
        other public and private entities for the purpose of providing 
        interpretive, educational, and other services relating to the 
        donated land.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Agreement.--The term ``Agreement'' means the document 
        entitled ``Donation Agreement between TVX Mineral Hill, Inc., 
        and the United States Department of Agriculture, Forest 
        Service'', including any associated maps or exhibits.
            (2) Company.--
                    (A) In general.--The term ``company'' means TVX 
                Mineral Hill, Inc., a company incorporated under the 
                laws of the State of Minnesota.
                    (B) Inclusions.--The term ``company'' includes--
                            (i) any successors and assigns of the 
                        company; and
                            (ii) any other entity that has an interest 
                        in the donated land.
            (3) Donated land.--The term ``donated land'' means the non-
        Federal land and associated mineral rights on Federal land--
                    (A) located in the Gallatin National Forest in an 
                area known as the ``Mineral Hill-Crevice Mountain 
                Mining District'', Park County, Montana; and
                    (B) comprised of--
                            (i) approximately 570 acres of non-Federal 
                        land (including mineral rights, structures, 
                        improvements, and appurtenances); and
                            (ii) approximately 194 acres of mineral 
                        rights on Federal land.
            (4) Forest plan.--The term ``Forest Plan'' means the plan 
        entitled the ``Gallatin National Forest Land and Resource 
        Management Plan''.
            (5) Fund.--The term ``Fund'' means the Mineral Hill 
        Historic Mining District Fund established by section 7(a).
            (6) Map.--The term ``map'' means the map entitled ``Mineral 
        Hill Donation--April, 2001''.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

SEC. 4. RATIFICATION OF THE AGREEMENT.

    (a) Ratification.--All terms, conditions, procedures, covenants, 
reservations, and other provisions described in the Agreement, as a 
matter of Federal law--
            (1) are incorporated in this Act;
            (2) are ratified and confirmed; and
            (3) describe the rights and obligations of the Secretary 
        and the company.
    (b) Changes.--The Secretary or the company may modify or amend the 
Agreement if--
            (1) the Secretary and the company agree to the modification 
        or amendment; and
            (2) the Secretary provides to the Committee on Resources of 
        the House of Representatives and the Committee on Energy and 
        Natural Resources of the Senate written notice of the 
        modification or amendment.

SEC. 5. ACCEPTANCE OF DONATED LAND.

    (a) In General.--If the Secretary determines that the conditions 
under subsection (c) have been satisfied, the Secretary may accept all 
right, title, and interest in and to the donated land, as depicted on 
the map.
    (b) Map.--
            (1) Availability.--The map shall be on file and available 
        for public inspection in--
                    (A) the Office of the Chief of the Forest Service; 
                and
                    (B) the office of the Forest Supervisor, Gallatin 
                National Forest, Bozeman, Montana.
            (2) Conflict.--In the case of any conflict between the map, 
        legal description, and deed of conveyance, the legal 
        description shall control.
    (c) Conditions.--Before accepting title to the donated land under 
subsection (a), the Secretary must--
            (1) find--
                    (A)(i) that the title to each parcel of donated 
                land is acceptable and in conformity with the title 
                review standards of the Attorney General; or
                    (ii) if the title is not acceptable under clause 
                (i), that the company has satisfied any corrective 
                actions with regard to the title that the Secretary 
                recommends;
                    (B) that any boundary overlaps and encroachments on 
                the donated land have been resolved by the company;
                    (C) that the plan to reclaim the property has been 
                successfully completed in accordance with the 
                Agreement, except for post-reclamation monitoring, 
                operation, and maintenance; and
                    (D) that the company has obtained pollution 
                liability insurance on the donated land--
                            (i) of at least $10,000,0000 in coverage;
                            (ii) that is in effect until September 8, 
                        2012;
                            (iii) that names the Secretary as an 
                        additional insured;
                            (iv) that has a deductible not greater than 
                        $1,000,000; and
                            (v) that is satisfactory to the Secretary; 
                        and
            (2) approve the form and substance of all documents 
        associated with the conveyance of the donated land.
    (d) Permits.--On acceptance of the donated land under subsection 
(a), the Secretary shall accept and meet the requirements of permits 
that--
            (1) have been issued to the company;
            (2) are in effect as of the date of the acceptance; and
            (3) relate to the Mineral Hill Mine.
    (e) Recordation.--Not later than 60 days after the date of 
acceptance under subsection (a), the Secretary shall record the 
warranty deeds transferring title to the donated land to the Secretary.
    (f) Liability.--Except as provided under subsection (d), acceptance 
of the donated land by the Secretary under this section does not 
relieve the company of any liability or responsibility relating to the 
company's ownership of mining operations or other operations on the 
donated land.

SEC. 6. ADMINISTRATION.

    (a) In General.--The Secretary shall manage the donated land as 
part of the National Forest System.
    (b) Applicable Law.--
            (1) In general.--Except as provided in paragraph (2), the 
        donated land shall be subject to the law (including 
        regulations) applicable to the National Forest System.
            (2) Exception.--The donated land shall not be subject to 
        location and entry under the mining laws of the United States.
    (c) Land Management Planning.--The Secretary shall manage the 
donated land--
            (1) until the date on which the Secretary approves a 
        revised version of the Forest Plan that addresses the addition 
        of the donated land--
                    (A) in accordance with the Forest Plan in effect on 
                the date of enactment of this Act; and
                    (B) consistent with the management of National 
                Forest System land that is adjacent to the donated 
                land; and
            (2) after the date on which the revised Forest Plan is 
        approved under paragraph (1), in accordance with the revised 
        Forest Plan.
    (d) Donations.--The Secretary may solicit and accept donations from 
public and private agencies, educational institutions, corporations, 
organizations, and individuals for the purpose of carrying out this 
Act.
    (e) Buildings, Structures, and Other Features.--
            (1) In general.--The Secretary may retain, restore, 
        maintain, manage, and interpret buildings, structures, and 
        other features on the donated land in existence on the date of 
        enactment of this Act in accordance with--
                    (A) applicable law; and
                    (B) as the Secretary determines to be appropriate, 
                the study entitled ``Architectural Assessment 
                Recommendations & Costs of Historic Structures: Mineral 
                Hill Mine, Jardine, Montana'', dated October 2000 and 
                revised January 2001, and prepared by A&E Architects, 
                P.C., of Missoula, Montana.
            (2) Removal.--
                    (A) In general.--The Secretary may remove any 
                building, structure, or other feature on the donated 
                land that is not selected for retention, restoration, 
                maintenance, management, or interpretation under 
                paragraph (1).
                    (B) Other laws not applicable.--In removing a 
                building, structure, or other feature under 
                subparagraph (A), the Secretary shall not be required--
                            (i) to conduct any assessments in addition 
                        to the study under paragraph (1)(B); or
                            (ii) to comply with any other law 
                        (including regulations).
            (3) Effect.--Nothing in this subsection restricts the 
        authority of the Secretary to manage or dispose of Federal 
        property.
    (f) Cemetery Site.--
            (1) In general.--The Secretary shall allow access to the 
        cemetery located on the donated land for the purposes of 
        visitation, upkeep, and maintenance.
            (2) New burials.--The Secretary, or a unit of local 
        government or cemetery association to which the cemetery site 
        is conveyed under paragraph (3), shall not allow any burials at 
        the cemetery site after the date of enactment of this Act.
            (3) Conveyance.--The Secretary may convey to a unit of 
        local government or cemetery association the cemetery site, 
        without consideration and subject to any terms and conditions 
        that the Secretary may require, for perpetual operation and 
        maintenance of the site as a cemetery.

SEC. 7. MINERAL HILL HISTORIC MINING DISTRICT FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States an account to be known as the ``Mineral Hill Historic 
Mining District Fund'', consisting of--
            (1) such amounts as are appropriated to the Fund under 
        subsection (b);
            (2) such amounts as are appropriated to the Fund under 
        section 8; and
            (3) any interest earned on investment of amounts in the 
        Fund under subsection (d).
    (b) Transfers to Fund.--
            (1) Natural resources receipts.--Notwithstanding any other 
        provision of law, there are appropriated to the Fund from 
        amounts collected by the Secretary of the Interior as fees and 
        receipts from oil, gas, timber, coal, and other natural 
        resources on all Federal land--
                    (A) $4,115,000 for fiscal year 2003; and
                    (B) $365,000 for fiscal year 2004 and each fiscal 
                year thereafter, adjusted annually to reflect changes 
                in the Consumer Price Index for All Urban Consumers 
                published by the Department of Labor.
            (2) Donations.--There are appropriated to the Fund amounts 
        equivalent to amounts received in the Treasury under section 
        6(d).
    (c) Expenditures From Fund.
            (1) In general.--Subject to paragraph (2), on request by 
        the Secretary, without further appropriation, the Secretary of 
        the Treasury shall transfer from the Fund to the Secretary such 
        amounts as the Secretary determines are necessary to pay--
                    (A) the costs of the Secretary associated with 
                acquiring the donated land under section 5;
                    (B) the costs of retention, restoration, 
                maintenance, management, interpretation, or removal of 
                buildings, structures, and other features on the 
                donated land under section 6(e);
                    (C) the costs of response and restoration actions 
                on the donated land, including costs associated with--
                            (i) compliance with the substantive 
                        requirements of the post-closure monitoring 
                        plan; and
                            (ii) operation and maintenance activities 
                        relating to the donated land, as determined to 
                        be appropriate by the Secretary;
                    (D) in cooperation with Montana Tech of the 
                University of Montana, the costs of public education 
                and interpretation of the history and geology of the 
                donated land, including the mining industry and 
                community life associated with the donated land;
                    (E) the costs of grants to, contracts with, and 
                cooperative agreements with units of Federal, State, or 
                local government, educational institutions, 
                corporations, organizations, and individuals for 
                interpretative, administrative, environmental response, 
                and environmental restoration activities; and
                    (F) the insurance deductible under section 
                5(c)(1)(D)(iv).
            (2) Administrative expenses.--An amount not exceeding 10 
        percent of the amounts in the Fund shall be available in each 
        fiscal year to pay the administrative expenses necessary to 
        carry out this Act.
    (d) Investment of Amounts.--
            (1) In general.--The Secretary of the Treasury shall invest 
        such portion of the Fund that is not, in the judgment of the 
        Secretary of the Treasury, required to meet current 
        withdrawals. Investments may be made only in interest-bearing 
        obligations of the United States.
            (2) Acquisition of obligations.--For the purpose of 
        investments under paragraph (1), obligations may be acquired--
                    (A) on original issue at the issue price; or
                    (B) by purchase of outstanding obligations at the 
                market price.
            (3) Sale of obligations.--Any obligation acquired by the 
        Fund may be sold by the Secretary of the Treasury at the market 
        price.
            (4) Credits to fund.--The interest on, and the proceeds 
        from the sale or redemption of, any obligations held in the 
        Fund shall be credited to and form a part of the Fund.
    (e) Transfers of Amounts.--
            (1) In general.--The amounts required to be transferred to 
        the Fund under this section shall be transferred at least 
        monthly from the general fund of the Treasury to the Fund on 
        the basis of estimates made by the Secretary of the Treasury.
            (2) Adjustments.--Proper adjustment shall be made in 
        amounts subsequently transferred to the extent prior estimates 
        were in excess of or less than the amounts required to be 
        transferred.
    (f) No Deferral or Rescission.--Amounts deposited in the Fund under 
this section shall not be subject to deferral or rescission under the 
Budget Impoundment and Control Act of 1974 (2 U.S.C. 621 et seq.)

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

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