[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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