[Congressional Record Volume 144, Number 38 (Monday, March 30, 1998)]
[House]
[Pages H1711-H1713]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   CONSOLIDATING CERTAIN MINERAL INTERESTS IN NATIONAL GRASSLANDS IN 
                     BILLINGS COUNTY, NORTH DAKOTA

  Mrs. CUBIN. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 750) 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.
  The Clerk read as follows:

                                 S. 750

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

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Wyoming (Mrs. Cubin) and the gentleman from California (Mr. Farr) each 
will control 20 minutes.
  The Chair recognizes the gentlewoman from Wyoming (Mrs. Cubin).
  Mrs. CUBIN. Mr. Speaker, I yield myself such time as I may consume.
  (Mrs. CUBIN asked and was given permission to revise and extend her 
remarks.)
  Mrs. CUBIN. Mr. Speaker, I rise in support of Senate 750, an act 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.
  Mr. Speaker, S. 750, introduced by the senior Senator from North 
Dakota, Mr. Dorgan, is identical to H.R. 2574, introduced by our House 
colleague, the gentleman from North Dakota (Mr. Pomeroy). Indeed, it is 
the request of the gentleman from North Dakota (Mr. Pomeroy) that the 
full House take up the Senate bill rather than his own in order to 
expedite passage of this legislation. The gentleman's bill was referred 
to the Committee on Resources and then to the Subcommittee on Energy 
and Mineral Resources, as well as the Subcommittee on Forests.
  The legislation directs the Secretary of Agriculture to conclude an 
equal-value exchange of 9,582 of private oil and gas rights for 8,796 
acres of Federal oil and gas rights beneath a national grassland within 
Billings County, North Dakota, managed by the U.S. Forest Service. The 
legislation also authorizes the exchange of any other private mineral 
rights in the same area. S. 750 passed the Senate by unanimous consent.
  Mr. Speaker, our colleague from North Dakota has worked diligently to 
bring together differing interests to make this bill happen. The 
private mineral owner is the successor in interest to a land grant to 
the Northern Pacific Railroad. The land surface estate was acquired by 
the Secretary of Agriculture many decades ago, but the mineral estate 
was reserved by the railroad.
  To have meaning, such reservations obviously must include the right 
to use the surface estate to the extent necessary to access one's own 
mineral rights. Such is the case here, but the oil and gas company that 
has these rights has patiently negotiated with Forest Service and the 
environmental community to avoid actions which would disturb the 
roadless character and solitude of the area in question.
  Mr. Speaker, now is the time to ratify the exchange contemplated in 
the moratorium of understanding referenced by the bill. Although it may 
well be possible to administratively exchange the mineral estates in 
question, all parties seek the blessing of Congress in order to 
expedite the deal already struck.
  Further delay is unwarranted. Without this exchange, the Boundary 
Butte area of the National Grassland, which the Forest Service and the 
environmental community wish to protect from intrusions such as oil and 
gas development, remains threatened by the exercise of legitimate 
private property rights.
  If we do not act, the long delay to legally access the private 
mineral estate will be exacerbated further and could possibly lead to a 
successful takings claim against the United States.

[[Page H1712]]

  Mr. Speaker, this legislation makes both economic and environmental 
sense by consolidating mineral ownership and by reducing any potential 
conflict between surface and subsurface management of the National 
Grasslands. I urge its adoption.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FARR of California. Mr. Speaker, I yield such time as he may 
consume to the gentleman from North Dakota, Mr. Pomeroy.
  Mr. POMEROY. Mr. Speaker, I thank the gentleman for yielding me time.
  Mr. Speaker, I want to thank everyone involved with the Committee on 
Resources for allowing this bill to come to the floor today, 
specifically the gentlewoman from Wyoming (Mrs. Cubin), the gentlewoman 
from Idaho (Mrs. Chenoweth), the chairs of the subcommittees of the 
Committee on Resources, the gentleman from Alaska (Chairman Young) and 
the ranking member, the gentleman from California (Mr. Miller), for 
their participation.
  Mr. Speaker, I am proud of this legislation. This bill to authorize a 
mineral exchange has been the result of extensive negotiations between 
Burlington Resources, an oil and gas development company, the U.S. 
Forest Service, the North Dakota chapters of the Sierra Club and 
Wildlife Society, the Governor of North Dakota and the Bureau of Land 
Management Resources Advisory Council.
  Now, why so much time and attention put on such an issue? As you can 
see, this is some of the most beautiful scenic area in western North 
Dakota. It is of a unique historical nature as well. General Custer and 
his troops rolled through this area looking for gold. Teddy Roosevelt 
ranched and hunted bison and grizzly in this region. There are unique 
geological formations which have caused the area to be considered 
sacred by the native Mandan and Hidatsa Indian tribes.
  In this area alone, 26 archeological, 8 historical and 27 isolated 
artifact sites are known to exist. By passing this legislation, you 
will help us protect this region.
  The bill is a win-win, because both the environmental and mineral 
exploration in western North Dakota are advanced by this legislation. 
Because of the fragmented land ownership pattern in this area, this 
exchange is going to have the effect of better protecting bighorn sheep 
habitat and lambing areas, and the viewshed of the Little Missouri 
River, indicated by this picture. For the mineral company, the exchange 
facilitates exploration in a way that is compatible with the unique 
features of the area.

                              {time}  1445

  The bill accomplishes the following:
  Swaps mineral interests of the Federal Forest Service for mineral 
interests of the Burlington resources area; it authorizes the exchange 
of any other private mineral rights for the Federal mineral rights 
within 180 days of enactment subject to the Secretary's approval; it 
requires Burlington Resources, as a condition of exchange, to secure 
the release of any contractual property rights that may exist; assures 
no provision of the legislation can be interpreted to limit, restrict, 
or otherwise affect the application of the principle of multiple use in 
the national grasslands.
  Also, the bill does not change the amount of surface ownership of the 
Federal Forest Service; decrease the Federal land available for oil and 
gas development; decrease the revenue to the county, State, or Federal 
governments. It does not provide Burlington Resources or the Forest 
Service with mineral rights of a greater value than those they now 
hold, and it does not change or address the ongoing issue of wilderness 
designation in this area.
  In conclusion, this is simply positive legislation that allows for 
optimal preservation and optimal development in western North Dakota.
  There is a specific issue raised by the Committee on Commerce which I 
want to speak to in the concluding portion of my remarks.
  After the Committee on Resources reported out H.R. 2574, an identical 
version of the bill before us today, S. 750, a question was raised by 
the Committee on Commerce regarding the applicability of section 120(h) 
of the Comprehensive Environmental Response, Compensation and Liability 
Act, known as CERCLA, or Superfund, to the exchange involved in this 
legislation.
  Section 120(h) imposes certain requirements on the Federal agencies 
concerning hazardous substances whenever the agencies dispose of real 
property, particularly when any hazardous substance was stored for 1 
year or more, known to have been released, or disposed of there, and 
when the Federal Government plans to terminate the Federal Government 
operations there. CERCLA does not define ``real property''.
  This legislation involves the exchange of only private and Federal 
undeveloped oil and gas rights, all of which will remain under 
federally-owned surface in the National Grasslands. We understand no 
hazardous substance was stored for 1 year or more, known to have been 
released, or disposed of on this Federal surface. Furthermore, the 
United States does not plan to terminate the Federal Government 
operations on this Federal surface.
  For all these reasons, we believe that section 120(h) of CERCLA is 
not applicable to the transaction authorized by this legislation. It 
is, therefore, not the sponsor's intention nor the committee's 
intention that the legislation affect in any way the responsibilities 
and obligations of the parties to the transaction directed by the 
legislation under any applicable provisions of CERCLA.
  That said for the Record, Mr. Speaker, I again want to thank really 
very sincerely the leadership of the Committee on Natural Resources and 
the ranking minority member for their assistance. This is important to 
us in North Dakota. I thank the Members for their help.
  Mrs. CUBIN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, it has been a pleasure to work with the gentleman from 
North Dakota (Mr. Pomeroy) on behalf of his constituents.
  Mr. FARR of California. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I have not had the privilege of visiting this area, but 
I understand that President Theodore Roosevelt was among one of many 
Americans who appreciated the stark beauty of the North Dakota lands. 
In this bill we are really providing an opportunity for what he noticed 
generations ago to be saved for generations to come; and I applaud the 
work of our colleague, the gentleman from North Dakota (Mr. Pomeroy), 
on this.
  I do want to point out, Mr. Speaker, that the administration supports 
the objectives of this exchange; but they did raise some concerns in 
the hearing testimony about the procedural language in the bill.
  We, too, would have preferred it had the Forest Service prepared a 
legislative environmental impact statement for Congress to consider 
ratifying; and we urge the Forest Service to do so in the future. But 
in this case the Forest Service has engaged in a thorough process of 
extensive public outreach in negotiating this exchange. The major 
stakeholders in North Dakota, including environmental groups, support 
the exchange in the bill; and there appears to be nothing to be gained 
by undue delay in its implementation.
  Therefore, Mr. Speaker, I compliment the gentleman from North Dakota 
for his dedication and work on this important legislation. I urge my 
colleagues to support this bill.
  Mr. Speaker, I rise in support of S. 750. This bill is identical to 
H.R. 2574, sponsored by our Democratic colleague Representative Earl 
Pomeroy. The gentleman from North Dakota is a strong advocate for the 
interests of his constituents and has worked very hard on this 
legislation.
  The purpose of this bill is to ratify an exchange of mineral assets 
between the U.S. Forest Service and Burlington Resources in order to 
consolidate federal land holdings in the National Grasslands of North 
Dakota. The exchange is deemed desirable because the land and mineral 
ownership pattern in this area is fragmented, with the Forest Service 
managing the surface estate of the lands while Burlington Resources 
owns subsurface mineral rights.
  The Forest Service supports the objectives of the exchange in order 
to protect significant resources values in the National Grasslands, 
including the Kinley Plateau roadless area which provides critical 
habitat for bighorn

[[Page H1713]]

sheep. The exchange will also have the benefit of protecting view-shed 
lands along the scenic Little Missouri River. A Memorandum of 
Understanding between the Forest Service and Burlington Resources 
concerning exploration and development of Burlington's mineral rights 
is also intended to provide additional protection to sensitive lands.
  I have not had the privilege of visiting this area, but it is my 
understanding that President Theodore Roosevelt is among the many 
Americans who have appreciated the stark beauty of these North Dakota 
lands. In this bill, we are providing the opportunity for future 
generations to use and enjoy these lands as well.
  Mr. Speaker, the Administration supports the objectives of this 
exchange but did raise concerns in hearing testimony about procedural 
language in the bill. We, too, would have preferred it had the Forest 
Service prepared a legislative environmental impact statement for 
Congress to consider and ratify. And we urge the Forest Service to do 
so in the future.
  But in this case, the Forest Service has engaged in a thorough 
process with extensive public outreach in negotiating this exchange. 
Major stakeholders in North Dakota, including environmental groups, 
support the exchange and the bill. There appears nothing to be gained 
by undue delay in its implementation.
  Again, I compliment the gentleman from North Dakota for his 
dedication and work on this important legislation. I urge my colleagues 
to support the bill.
  Mr. Speaker, I yield back the balance of my time.
  Mrs. CUBIN. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Gibbons). The question is on the motion 
offered by the gentlewoman from Wyoming (Mrs. Cubin) that the House 
suspend the rules and pass the Senate bill, S. 750.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate bill was passed.
  A motion to reconsider was laid on the table.

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