[Congressional Record Volume 140, Number 124 (Thursday, August 25, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 25, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                 LINCOLN COUNTY, MT, LANDS TRANSFER ACT

  Mr. FORD. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 597, S. 528, a 
bill relating to land transfer in Montana; that the committee 
substitute be agreed to; that the bill be read a third time, passed; 
and that the motion to reconsidered be laid upon the table; and that 
any statements appear at the appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  There being no objection, the Senate proceeded to consider the bill 
to provide for the transfer of certain U.S. Forest Service lands 
located in Lincoln County, MT, to Lincoln County in the State of 
Montana, which had been reported from the Committee on Energy and 
Natural Resources with an amendment to strike out all after the 
enacting clause, and inserting in lieu thereof the following.

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Lincoln County, Montana, 
     Lands Transfer Act of 1994''.

     SEC. 2. CONVEYANCE OF PROPERTY.

       (a) As soon as practicable, but in no event not later than 
     180 days after the date of enactment of this Act, the 
     Secretary of Agriculture (hereinafter the ``Secretary'') 
     shall convey, without consideration, all right, title, and 
     interest of the United States to the following lands located 
     within the boundaries of the Kootenai National Forest, 
     Montana, to Lincoln County, Montana--
       (1) approximately 30 acres, as generally depicted on the 
     map entitled ``Kootenai National Forest Lands--Libby Junior 
     High School'' dated August 1994;
       (2) approximately 2 acres, as generally depicted on the map 
     entitled ``Kootenai National Forest Lands--Boyd Cemetery'' 
     dated August 1994;
       (3) approximately 27.68 acres, as generally depicted on the 
     map entitled ``Kootenai National Forest Lands--Yaak Ambulance 
     Barn'' dated August 1994;
       (4) approximately 170 acres, as generally depicted on the 
     map entitled ``Kootenai National Forest Lands--Libby 
     Landfill'' dated August 1994;
       (5) approximately 11 acres, as generally depicted on the 
     map entitled ``Kootenai National Forest Lands--Eureka 
     Administration Site'' dated August 1994; and
       (6) approximately 99.5 acres, as generally depicted on the 
     map entitled ``Kootenai National Forest Lands--Old Libby 
     Airport'' dated August 1994.
       (b) As soon as practicable after the date of enactment of 
     this Act, the Secretary shall convey, without consideration, 
     the timber and mineral rights to approximately 182.04 acres 
     at the new Libby Airport, as generally depicted on the map 
     entitled ``Kootenai National Forest Lands--Timber and Mineral 
     Rights Transfer at Libby Airport'' dated August 1994, to 
     Lincoln County, Montana.
       (c) If the lands referred to in subsection (a) cease to be 
     used for public purposes, such lands shall revert to the 
     United States: Provided, That the lands shall not revert if 
     the Secretary determines that such lands, or any portion 
     thereof, have become contaminated with hazardous substances 
     (as defined in the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601 and 
     following)).

     SEC. 3. RELEASE.

       Upon the transfer of any lands or interests therein 
     identified in section 2 of this Act to Lincoln County, 
     Lincoln County shall release the United States from any 
     liability for claims relating to such lands or interests 
     therein.

     SEC. 4. MAPS.

       The maps referred to in this Act shall be on file and 
     available for public inspection in the Office of the Chief of 
     the Forest Service, in Washington, D.C.

  Mr. BURNS. Mr. President, I would like to speak in support of the 
Lincoln County, MT, Public Land Transfer Act, Senate bill 528. This is 
very important to the northwest corner of my State.
  I introduced S. 528 with my colleague from Montana, Senator Baucus, 
over a year ago, and I am glad that this bill is now before the full 
Senate. S. 528 would transfer a small amount of Federal land controlled 
by the Forest Service over to the local government.
  Lincoln County is in a tough position. The county relies on the use 
of these public lands because the county is 80 percent federally owned. 
They have used many of these lands under special use permit. But, as 
with most things dealing with the Federal Government, there are many 
loopholes which the county must go through.
  This transfer has been on the table for years. These lands under 
consideration today are important to citizens of Lincoln County. S. 528 
will enable Lincoln County to continue to use these land and acquire 
small tracts of additional land for its everyday routine.
  As a former county commissioner, I can understand the problems faced 
by the people in this area. Over 72 percent of Lincoln County is owned 
by the Federal Government. And this ownership often hampers local 
government's ability to manage for the daily needs of its residents. In 
addition, the intermingled ownership of the land has caused problems 
for the Forest Service.
  This bill will aid Lincoln County by transferring only 320 acres. The 
areas include a landfill, airport, a cemetery, and the Libby Junior 
High School.
  This county has the highest unemployment rate of any county in 
Montana. The county simply doesn't have the ability to buy the land. 
And, since the county is so heavily owned by the Federal Government, 
there is really no opportunity for exchange. Mr. President, the 
transfer of this small amount of land will mean so much to the folks in 
Lincoln County.
  So the bill (S. 528), as amended, was deemed read a third time and 
passed.
  (The text of the bill, as amended, as passed, will appear in a future 
edition of the Record.)

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