[Congressional Record Volume 140, Number 139 (Thursday, September 29, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: September 29, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                  OLD FAITHFUL PROTECTION ACT OF 1994

                                 ______


                 BAUCUS (AND BURNS) AMENDMENT NO. 2600

  (Ordered to lie on the table.)
  Mr. BAUCUS (for himself and Mr. Burns) submitted an amendment 
intended to be proposed by them to the bill (H.R. 1137) to amend the 
Geothermal Steam Act of 1970 (30 U.S.C. 1001-1027), and for other 
purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

                  TITLE I--OLD FAITHFUL PROTECTION ACT

     SECTION 101. SHORT TITLE.

       This Title may be cited as the ``Old Faithful Protection 
     Act of 1993''.

     SEC. 102. FINDINGS AND PURPOSES.

       (a) Findings.--The Congress finds that--
       (1) Yellowstone National Park is a unique and irreplaceable 
     national and international treasure and part of one of the 
     few remaining undisturbed hydrothermal systems in the world;
       (2) there is a risk that unrestricted hydrothermal or 
     geothermal resource development adjacent to Yellowstone 
     National Park in the States of Montana, Wyoming, and Idaho 
     will interfere with or adversely affect the hydrothermal and 
     geothermal features of such Park or the management of 
     relevant mineral resources;
       (3) further research is needed to understand the 
     characteristics of the thermal systems and features and the 
     effects of development on such systems and features on lands 
     outside of Yellowstone National Park but within the 
     Yellowstone Protection Area, as such area is defined in this 
     Title;
       (4) preservation and protection of the thermal system 
     associated with and the features within Yellowstone National 
     Park is a benefit to the people of the United States and the 
     world;
       (5) cooperation between the United States and the States of 
     Montana, Idaho, and Wyoming to protect and preserve 
     Yellowstone National Park is desirable; and
       (6) as a settlement of litigation concerning water rights, 
     including the reserved water rights of the United States 
     associated with units of the National Park System in Montana, 
     the Department of the Interior and the Department of Justice, 
     on behalf of the United States, and a Compact Commission, on 
     behalf of the State of Montana, have developed a Compact that 
     constitutes such a settlement of litigation concerning 
     matters within its scope and which, in Article IV, 
     establishes a program for regulation of development and use 
     of groundwater in areas adjacent to Yellowstone National 
     Park.
       (b) Purposes.--The purposes of this Title are--
       (1) to require the Secretary to take the necessary actions 
     to preserve and protect the thermal systems and features of 
     Yellowstone National Park;
       (2) to provide a framework for management by the States of 
     Montana, Wyoming, and Idaho of regulated resources within the 
     Yellowstone Protection Area outside of but directly related 
     to Yellowstone National Park to preserve and protect the 
     thermal systems and features of Yellowstone National Park;
       (3) to authorize, as provided in section 8, approval of 
     Article IV of the Compact as an appropriate State program;
       (4) to require relevant research; and
       (5) to authorize to be appropriated, as provided in section 
     112, necessary sums.

     SEC. 103. DEFINITIONS.

       For purposes of this Title:
       (1) The term ``Secretary'' means the Secretary of the 
     Interior except as otherwise provided.
       (2) The term ``Yellowstone Protection Area'' means the area 
     in Montana, Idaho, and Wyoming identified on the map entitled 
     ``Yellowstone Protection Area'', numbered 20036A, and dated 
     July 1994, and any modifications thereof as may be made under 
     section 7.
       (3) The term ``thermal systems and features'' means the 
     hydrothermal and geothermal systems and features of 
     Yellowstone National Park associated with the regulated 
     resources within the Yellowstone Protection Area.
       (4) The term ``regulated resources'' means--
       (A) geothermal steam and associated geothermal resources, 
     as defined in section 2(c) of the Geothermal Steam Act of 
     1970 (30 U.S.C. 1001(c)); or
       (B) groundwater with a temperature in excess of 59 degrees 
     Fahrenheit.
       (5) The term ``well'' means a well or facility producing or 
     intended to produce regulated resources but excludes 
     facilities that would do no more than utilize the natural 
     unenhanced surface flow of a natural spring.
       (6) The term ``approved State program'' means a program of 
     Montana, Idaho, or Wyoming that has been submitted to the 
     Secretary and has been approved pursuant to this Title.
       (7) The term ``Compact'' means the water rights compact 
     entered into by the United States and the State of Montana on 
     January 31, 1994.
       (8) Except as otherwise provided in this title, terms used 
     in this title shall have the same meaning as in the 
     Geothermal Steam Act of 1970.

     SEC. 104. RESTRICTION ON FEDERAL LANDS.

       (a) The Congress hereby declares that--
       (1) Yellowstone National Park possesses numerous thermal 
     features, including Old Faithful geyser and approximately 
     10,000 other geysers and hot springs, and is hereby 
     designated as a significant thermal feature unto itself; and
       (2) Federal legislation is desirable to preserve and 
     protect these features.
       (b) The Congress hereby declares that any use of, or 
     production from, any existing well, or any exploration for, 
     or development of, any new well within the boundary of the 
     Yellowstone Protection Area, as defined in section 103(2) of 
     the Old Faithful Protection Act of 1994, risks adverse 
     effects on the thermal features of Yellowstone National Park.
       (c) Notwithstanding any other provision of law, the 
     Secretary shall not issue any geothermal lease pursuant to 
     the Geothermal Steam Act (30 U.S.C. 1001 and following) for 
     lands within the boundary of the Yellowstone Protection Area. 
     Nothing in this section shall be construed to apply to any 
     lands not owned by the United States.

     SEC. 105 MORATORIUM OF LANDS WITHIN THE YELLOWSTONE 
                   PROTECTION AREA.

       (a) Prohibition.--Except as provided by sections 107 and 
     108 of this title, there shall be no use (except for 
     monitoring by the Secretary or monitoring under an approved 
     State program) of, or production from, any existing well and 
     no exploration for, or development of, any new well within 
     the Yellowstone Protection Area.
       (b) Management.--The Secretary shall review National Park 
     Service management of Yellowstone National Park and shall 
     take such steps as may be necessary to protect and preserve 
     the thermal systems and features of such National Park.

     SEC. 106. RESEARCH.

       (a) In General.--The National Park Service, in consultation 
     with the Forest Service, the United States Geological Survey, 
     and each State agency implementing an approved State program, 
     shall research the characteristics of the thermal systems and 
     features within the Yellowstone Protection Area, inventory 
     and research the existing and potential effects (including 
     cumulative effects) of hydrothermal or geothermal development 
     on such systems and features, and periodically, but not less 
     than once every five years, inform Congress concerning the 
     results of such inventory and research.
       (b) Under State Program.--If an approved State program 
     provides for research described in subsection (a), both the 
     Secretary and the relevant State may conduct such research 
     within the Yellowstone Protection Area.
       (c) Nonintrusive Methodologies.--Except for research within 
     a National Park System unit within the Yellowstone Protection 
     Area approved by the Secretary or elsewhere under a permit 
     issued by a State agency implementing an approved State 
     program, research pursuant to this section shall 
     exclusively use nonintrusive methodologies.
       Limitation.--Nothing in this Title shall be construed as 
     authorizing any activities within any unit of the National 
     Park System in the Yellowstone Protection Area inconsistent 
     with laws or policies applicable to the relevant unit.

     SEC. 107. STATE MANAGEMENT PROGRAMS.

       (a) Development.--The States of Montana, Wyoming, and Idaho 
     are encouraged to develop and maintain State programs for the 
     management of regulated resources outside of Yellowstone 
     National Park to preserve and protect the thermal systems and 
     features of Yellowstone National Park.
       (b) Permit.--Except as provided for in section 6, as of the 
     date of enactment of this Title, no person shall engage in 
     any use (including research), production, exploration, or 
     development of any regulated resources on non-Federal lands 
     within the Yellowstone Protection Area except to the extent 
     authorized by a permit issued by a State agency implementing 
     an approved State program.
       (c) State Authority.--(1) In the implementation of an 
     approved State program, a State may exercise the authority to 
     grant permits under subsection (b) for the use (including 
     research), production, exploration, or development of any 
     regulated resources within the Yellowstone Protection Area.
       (2) Notwithstanding any other provision of law, no permit 
     within the Yellowstone Protection Area for regulated 
     resources issued prior to the date of enactment of this Title 
     shall be deemed to have been issued in the implementation of 
     approved State program: Provided, however, that permits 
     issued by the State of Montana after January 31, 1994, shall 
     be deemed to have been issued in the implementation of an 
     approved State program.
       (3)(A) The Secretary shall monitor the implementation of an 
     approved State program (including the State's enforcement 
     thereof) to assure consistency with the requirements of this 
     Title.
       (B) The Secretary may suspend implementation of an approve 
     State program if such implementation (including the State's 
     enforcement thereof) is not being exercised in a manner 
     consistent with this Title. During any such suspension, no 
     permit granted under such program shall be effective except 
     to the extent the Secretary determines that the permitted 
     activities would be consistent with the purposes of this 
     Title.
       (C) Is an approved State program includes procedures for 
     the exercise of the Secretary's authority to suspend such a 
     program's implementation,the Secretary shall follow such 
     procedures. If no such procedures are included in a State 
     program, the Secretary shall provide notice and a reasonable 
     time to comply with this Title.
       (d) Approval By The Secretary.--(1) The Secretary shall 
     approve a program submitted by a State if the Secretary 
     determines that such program, when implemented, will fulfill 
     the purposes of this Title regarding the protection of the 
     thermal systems and features of Yellowstone National Park.
       (2) The Secretary shall not approve any State 
     program submitted under this section until the Secretary--
       (A) solicited, publicly disclosed, and considered the views 
     of the heads of other State and Federal agencies the 
     Secretary determines are concerned with the proposed State 
     program;
       (B) solicited, publicly disclosed, and considered the views 
     of the public; and
       (C) found that the State has the necessary legal authority 
     and personnel for the regulation and management of regulated 
     resources outside Yellowstone National Park consistent with 
     the requirements of this Title.
       (3)(A) The Secretary may approve or disapprove a program in 
     whole or in part.
       (B) If the Secretary disapproves any proposed State 
     program, in whole or in part, the Secretary shall notify the 
     State in writing of the decision and set forth in detail the 
     reasons therefor. The State may submit a revised State 
     program or portion thereof.
       (4) The Secretary shall not approve any State program that 
     does not, at a minimum--
       (A) include ongoing scientific review of restrictions, 
     boundaries, and permits applicable to the development of a 
     regulated resource;
       (B) requires that, in conducting the scientific review 
     referred to in subparagraph (A) and in implementing the State 
     program, any doubt shall be resolved in favor of protection 
     of the thermal systems and features of Yellowstone National 
     Park; and
       (C) allow the State agency authorized to administer the 
     program to reject recommendations based on the scientific 
     review referred to in subparagraph (A), to the extent such 
     rejection is necessary to protect and preserve the thermal 
     systems and features of Yellowstone National Park.
       (e) Scope.--Except to the extent an approved State program 
     is being implemented by a State, section 105(a) of this Title 
     shall apply to the Yellowstone Protection Area.
       (f) Modification of Yellowstone Protection Area.--(1) The 
     boundaries of the Yellowstone Protection Area in a State may 
     be modified pursuant to an approved State program if such 
     modification is approved by the Secretary.
       (2) The Secretary shall not approve any such modification 
     that the Secretary finds would not be consistent with the 
     purposes of this Title.
       (3) The Secretary shall revise the map of the Yellowstone 
     Protection Area to reflect any approved boundary 
     modifications.
       (4) If an approved State program includes procedures for 
     the exercise of the Secretary's authority to approve 
     modifications of the boundaries of the Yellowstone Protection 
     Area, the Secretary shall follow such procedures.
       (g) Cooperative Agreements.--The Secretary is authorized to 
     enter into cooperative agreements with the States of Montana, 
     Idaho, and Wyoming and with the Secretary of Agriculture to 
     fulfill the purposes of his Title.
       (h) Federal Financial Assistance.--(1) Subject to 
     appropriation, the Secretary may provide financial assistance 
     for the implementation of an approved State program. In 
     providing such assistance, the Secretary may enter into 
     appropriate funding agreements, including grants and 
     cooperative agreements, with a State agency or agencies, 
     upon such terms and conditions as the Secretary deems 
     appropriate.
       (2) A recipient State may invest funds provided under this 
     subsection so long as such funds, together with interest and 
     any other earnings thereon, shall be available for use by the 
     State only under the terms and conditions of the approved 
     State program and an agreement entered into with the 
     Secretary under this subsection and shall not be used by the 
     State for any other purpose.

     SEC. 108. MONTANA PROGRAM.

       (a) Approval.--(1) The Congress finds that Article IV of 
     the Compact fulfills the purposes of this Title regarding the 
     protection of the thermal systems and features of Yellowstone 
     National Park.
       (2) All provisions of section 107 are applicable to this 
     section, except for purposes of section 107(d)(1) the Compact 
     shall be deemed to have been submitted to the Secretary, and, 
     notwithstanding sections 107(d)(2), 107(d)(3), and 107(d)(4), 
     Article IV thereof shall be considered an approved State 
     program for regulation of groundwater resources within the 
     Montana portion of the Yellowstone Protection Area. Article 
     IV of the Compact shall not be considered an approved State 
     program for the management of regulated resources within the 
     Montana portion of the Yellowstone protection area other than 
     groundwater resources.
       (b) Scope.--Nothing in this Title shall be construed as 
     amending the Compact or as altering its status in 
     relationship to any litigation with regard to water rights.
       (c) Review Procedures.--For purposes of sections 
     107(c)(3)(B), 107(c)(3)(C), 107(f)(1), and 107(f)(2), the 
     provisions of the Compact with respect to--
       (1) review of administrative decisions under Article IV of 
     the Compact;
       (2) enforcement of the Compact;
       (3) the discretion of any party to the Compact to withdraw 
     therefrom; and
       (4) modification of boundaries and restrictions within the 
     Controlled Groundwater Area, shall be deemed to be procedures 
     for the exercise of the Secretary's authority to approve 
     modifications of the boundaries of the Yellowstone Protection 
     Area or to suspend the implementation of an approved State 
     program.

     SEC. 109. IDAHO AND WYOMING PROGRAMS.

       (a) Section 104, subsection 105(a), subsection 107(b), and 
     paragraph 107(c)(2) shall not be effective with respect to 
     the Yellowstone Protection Area within the State of Idaho and 
     the State of Wyoming for two years after the date of 
     enactment of this Title if the Governor of the State notifies 
     the Secretary that the State will prohibit any permit action 
     or other approval action involving regulated resources within 
     the Yellowstone Protection Area during such two year period.
       (b)(1) The State of Wyoming or the State of Idaho may, 
     within the two year period provided for in subsection (a), 
     submit a state program to the Secretary for approval.
       (2) Upon receipt of a state program within the two year 
     period provided for in subsection (a), the Secretary shall 
     review such program pursuant to section 107.
       (c) Section 104, subsections 105(a), 107(b), and paragraph 
     107(c)(2) shall become effective with respect to the 
     Yellowstone Protection Area within the State of Idaho or the 
     State of Wyoming:
       (1) upon the approval or disapproval of the respective 
     State program;
       (2) at the end of the two year period provided for in 
     subsection (a); or
       (3) if the State takes any permit action or other approval 
     action contrary to the notification provided to the Secretary 
     pursuant to subsection (a).

     SEC. 110. JUDICIAL REVIEW.

       (a) Administrative Procedures.--Except as provided in this 
     section, any Federal agency action or failure to act to 
     implement or enforce this Title shall be subject to judicial 
     review in accordance with and to the extent provided by 
     chapter 7 of title 5, United States Code.
       (b) Remedy.--The sole remedy available to any person 
     claiming deprivation of a vested property right by enactment 
     of this Title or Federal action pursuant to this Title shall 
     be an action for monetary damages, filed pursuant to sections 
     1491 or 1505 of title 28, United States Code, in the Court of 
     Federal Claims. Any just compensation awards determined by 
     the Court of Federal Claims to be due to a claimant, shall be 
     paid consistent with section 2517 of such title.

     SEC. 111. REGULATIONS.

       No later than two years after the date of enactment of this 
     Title, the Secretary shall promulgate such rules and 
     regulations as are necessary to implement this Title.

     SEC. 112. AUTHORIZATION APPROPRIATIONS.

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

     SEC. 113. SCOPE OF TITLE.

       Nothing in this Title shall be construed as increasing or 
     diminishing any rights of the United States with respect to 
     water, or as affecting any previous adjudication of or any 
     agreement concerning any such rights.

     SEC. 114. LAND EXCHANGE.

       (a) General.--Notwithstanding any other provision of law 
     and subject to the provisions of this title, the Secretary of 
     Agriculture shall acquire by exchange certain lands and 
     interests in lands owned by the Church Universal and 
     Triumphant, its successors and assigns, (referred to in this 
     title as ``the Church''), located in the Yellowstone 
     Controlled Groundwater Area and Corwin Springs Known 
     Geothermal Resource Area of the Gallatin National Forest.
       (b) Offer and Acceptance of Land and Interest in Land.--
       (1) Non-federal lands and interests.--If the Church offers:
       (i) title that is acceptable to the United States to all 
     rights, title, and interests to approximately 26 acres of 
     land owned by the Church as depicted on the maps entitled 
     ``Church/Forest Service Land Exchange Proposal'', dated July 
     1994;
       (ii) all right, title and interest to the subsurface 
     regulated resources estate on all Church properties within 
     the Yellowstone Controlled Groundwater Area;
       (iii) a perpetual public access road and utility easement 
     of 60 feet in width, plus allowance for cuts and fills, over 
     Church property to the Gallatin National Forest lands in the 
     Cutler Homestead/Sentinel Butte area, as depicted on the maps 
     referenced in paragraph (b)(1)(i); and
       (iv) other rights and covenants in accordance with the 
     terms of the ``Church/Forest Service Land Exchange 
     Specifications'' document prepared pursuant to paragraph 
     (b)(3); the Secretary of Agriculture shall accept a warranty 
     deed to the land specified in paragraph (b)(1)(i), a special 
     warranty deed to the regulated resources specified in 
     paragraph (b)(1)(ii), State water rights transfer documents, 
     and any other such instruments as may be necessary to 
     transfer the above referenced property interests.
       (2) Federal land and interests.--
       (A) General.--Upon acceptance by the Secretary of 
     Agriculture of title to the lands, interests, and rights and 
     covenants offered by the Church pursuant to paragraph (b)(1):
       (i) the Secretary, upon request by the Secretary of 
     Agriculture, shall convey by patent to the Church, subject to 
     all valid existing rights, and a reservation to the United 
     States of all regulated resources, title to approximately 11 
     acres within the Gallatin National Forest, as depicted on the 
     map referenced in paragraph (b)(3);
       (ii) the Secretary of Agriculture shall convey an easement 
     to the Church granting the right to collect and transport 
     across Federal lands the natural unenhanced surface flow at 
     LaDuke Hot Springs from its source to the east bank of the 
     Yellowstone River as depicted on the maps referenced in 
     paragraph (b)(1), and the United States shall withdraw all of 
     its water rights claims and objections filed with regard to 
     LaDuke Hot Springs in pending water rights adjudications 
     under Federal and State law;
       (iii) the Secretary shall grant to the Church standard 
     Forest Service rights-of-way authorizations for existing 
     roads across National Forest System land as generally 
     depicted on the maps referenced in paragraph (b)(1) and 
     further defined by the document referenced in paragraph 
     (b)(1)(i); and
       (iv) the Secretary shall grant to the Church other rights 
     and covenants in accordance with the terms of the ``Church/
     Forest Service Land Exchange Specifications'' document 
     pursuant to paragraph (b)(3).
       (B) Surveys.--Surveys prepared to standards approved by the 
     Secretary shall be furnished by the Church for the affected 
     Federal and non-Federal lands and surface interests prior to 
     conveyance of the Federal lands and interests in this 
     exchange.
       (3) Agreement.--The document entitled ``Church/Forest 
     Service Land Exchange Specifications,'' jointly developed and 
     agreed to by both parties, shall define the non-Federal and 
     Federal lands and interests involved in this exchange, 
     including legal descriptions of lands and interests, and 
     other terms, conditions, and covenants, but shall not include 
     any minimum surface flow requirements to the Yellowstone 
     River from LaDuke Hot Springs. Such document, upon 
     completion, shall be transmitted to the Committee on Energy 
     and Natural Resources of the United States Senate and the 
     Committee on Natural Resources of the United States House of 
     Representatives and shall not take effect until 60 days after 
     receipt by both Committees.
       (c) Title.--
       (1) Review of title.--Within ninety days of receipt of the 
     approved surveys and title documents from the Church, the 
     Secretary shall review the title for the non-Federal lands 
     described in paragraph (b) and determined whether--
       (A) the applicable title standards for Federal land 
     acquisition have been satisfied subject to any variances 
     expressly contained in this title; and
       (B) all draft conveyances and closing documents have been 
     received and approved.
       (2) Conveyance of title.--In the event the quality of title 
     does not meet Federal standards or is otherwise unacceptable 
     to the Secretary, the Secretary shall advise the Church 
     regarding corrective actions necessary to cure title defects. 
     The conveyance of lands to the Church described in paragraph 
     (b)(2)(A) shall be completed not later than ninety days after 
     the Secretary has approved title.

     SEC. 15. GENERAL PROVISIONS.

       (a) Maps and Documents.--The maps referred to in section 14 
     are subject to corrections for any technical errors in 
     describing the properties. The maps and documents described 
     in section 14(b)(1) and (3) shall be on file and available 
     for public inspection in the Office of the Chief of the 
     Forest Service, in Washington, D.C.
       (b) National Forest System Lands.--All lands and interests 
     in lands conveyed to the United States under this Title shall 
     be administered in accordance with the laws and regulations 
     pertaining to the National Forest System.
       (c) Valuation.--The value of the lands and interests in 
     lands to be exchanged under this Title and described in 
     section 14(b) are deemed to be equal, and therefore, no 
     appraisals shall be required.

                  TITLE II.--LOST CREEK LAND EXCHANGE.

     . SEC. 201. SHORT TITLE.

       This title may be cited as the ``Lost Creek Land Exchange 
     Act of 1994''.

     SEC. 202. LAND EXCHANGE.

       (a) General.--Notwithstanding any other provision of law, 
     the Secretary of Agriculture (hereinafter referred to in this 
     title as the ``Secretary'') is authorized and directed to 
     acquire by exchange certain lands and interests in lands 
     owned by the Brand S Corporation, its successors and assigns, 
     (hereinafter referred to in this title as the 
     ``Corporation''), located in the Lost Creek area of the 
     Deerlodge National Forest and within the Gallatin National 
     Forest.
       (b) Offer and Acceptance of Land.--
       (1) Non-federal land.--If the Corporation offers to convey 
     to the United States fee title that is acceptable to the 
     United States to approximately 18,300 acres of land owned by 
     the corporation and available for exchange, as depicted on 
     the maps entitled `'Brand S/Forest Service Land Exchange 
     Proposal,'' numbered 1 through 3, dated March 1994, and 
     described in the ``Land Exchange Specifications'' document 
     pursuant to paragraph (b)(3), the Secretary shall accept a 
     warranty deed to such lands.
       (2) Federal land.--Upon acceptance by the Secretary of 
     title to the Corporation's lands pursuant to paragraph (b)(1) 
     and upon the effective date of the document referred to in 
     paragraph (b)(3), and subject to valid existing rights, 
     the Secretary of the Interior shall convey, by patent, the 
     fee title to approximately 10,800 acres on the Deerlodge 
     and Gallatin National Forests, and by timber deed, the 
     right to harvest approximately 3.5 million board feet of 
     timber on certain Deerlodge National Forest lands, as 
     depicted on the maps referenced in paragraph (b)(1) and 
     further defined by the document reference in paragraph 
     (b)(3): Provided, That, except for the east \1/2\ of sec. 
     10, T3S, R8E, the Secretary shall not convey to the 
     Corporation the lands on the Gallatin National Forest 
     identified as the ``Wineglass Tract'' on the map entitled 
     ``Wineglass Tract,'' dated September 1994, unless the 
     Secretary finds that measures are in place to protect the 
     scenic, wildlife, and open space values of the Wineglass 
     Tract. Such finding shall be contained in the document 
     referenced in paragraph (b)(3)
       (3) Agreement.--A document entitled ``Brand S/Forest 
     Service Land Exchange Specifications,'' shall be jointly 
     developed and agreed to by the Corporation and the Secretary. 
     Such document shall define the non-Federal and Federal lands 
     to be exchanged, and shall include legal descriptions of such 
     lands and interests therein, along with any other agreements. 
     Such document shall be transmitted, upon completion, to the 
     Committee on Energy and Natural Resources of the United 
     States Senate and the Committee on Natural Resources of the 
     United States House of Representatives and shall not take 
     effect until 60 days after transmittal to both Committees.
       (4) Conflict.--In case of conflict between the maps 
     referenced in paragraph (b)(1) and the document referenced in 
     paragraph (b)(3), the maps shall govern.
       (c) Title.--
       (1) Review of title.--Within sixty days of receipt of title 
     documents from the Corporation, the Secretary shall review 
     the title for the non-Federal lands described in paragraph 
     (b) and determine whether--
       (A) applicable title standards for Federal land acquisition 
     have been satisfied or the quality of title is otherwise 
     acceptable to the Secretary;
       (B) all draft conveyances and closing documents have been 
     received and approved;
       (C) a current title commitment verifying compliance with 
     applicable title standards has been issued to the Secretary; 
     and
       (D) the Corporation has complied with the conditions 
     imposed by this title.
       (2) Conveyance of title.--In the event the title does not 
     meet Federal standards or is otherwise unacceptable to the 
     Secretary, the Secretary shall advise the Corporation 
     regarding corrective actions necessary to make an affirmative 
     determination. The Secretary, acting through the Secretary of 
     the Interior, shall effect the conveyance of lands described 
     in paragraph (b)(2) not later than ninety days after the 
     Secretary has made an affirmative determination.
       (d) Resolution of Public Access.--The Secretary is 
     directed, in accordance with existing law, to improve legal 
     public access to Gallatin National Forest System lands 
     between West Pine Creek and Big Creek.

     SEC. 203. GENERAL PROVISIONS

       (a) Maps and Documents.--The maps referred to in section 
     202(b)(1) shall be subject to such minor corrections as may 
     be agreed upon by the Secretary and the Corporation. The maps 
     and document described in section 202(b) (1) and (3) shall be 
     on file and available for public inspection in the 
     appropriate offices of the Forest Service.
       (b) National Forest System Lands.--
       (1) In general.--All lands conveyed to the United States 
     under this title shall be added to and administered as part 
     of the Deerlodge or Gallatin National Forests, as 
     appropriate, and shall be administered by the Secretary in 
     accordance with the laws and regulations pertaining to the 
     National Forest System.
       (2) Wilderness Study Area Acquisitions.--Until Congress 
     determines otherwise, lands acquired within the Hyalite-
     Porcupine-Buffalo Horn Wilderness Study Area pursuant to this 
     Title shall be managed by the Secretary of Agriculture and 
     the Secretary of the Interior, as appropriate, so as to 
     maintain the presently existing wilderness character and 
     potential for inclusion in the National Wilderness 
     Preservation System.
       (c) Valuation.--The values of the lands and interests in 
     lands to be exchanged under this title and described in 
     section 202(b) are deemed to be of approximately equal value.
       (d) Liability for Hazardous Substances.--
       (1) The Secretary shall not acquire any lands under this 
     title 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 (42 U.S.C. 9601)).
       (2) Notwithstanding any other provision of law, the United 
     States shall have no responsibility or liability with respect 
     to any hazardous wastes or other substances placed on any of 
     the lands covered by this title after their transfer to the 
     ownership of another party, but nothing in this title shall 
     be construed as either diminishing or increasing any 
     responsibility or liability of the United States based on the 
     condition of such lands on the date of their transfer to the 
     ownership of another party.

                        PROPOSED REPORT LANGUAGE

       H.R. 1137--The Old Faithful Protection Act
       The Forest Service is encouraged to expedite land exchanges 
     with the Idaho Department of Lands within the Yellowstone 
     Protection Area in order to consolidate land ownerships.

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