[Congressional Record Volume 144, Number 128 (Wednesday, September 23, 1998)]
[House]
[Pages H8470-H8473]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
GALLATIN LAND CONSOLIDATION ACT OF 1998
Mrs. CHENOWETH. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3381) to direct the Secretary of Agriculture and the
Secretary of the Interior to exchange land and other assets with Big
Sky Lumber Co., as amended.
The Clerk read as follows:
H.R. 3381
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 ``Gallatin Land Consolidation
Act of 1998''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the land north of Yellowstone National Park possesses
outstanding natural characteristics and wildlife habitats
that make the land a valuable addition to the National Forest
System;
(2) it is in the interest of the United States to establish
a logical and effective ownership pattern for the Gallatin
National Forest, reducing long-term costs for taxpayers and
increasing and improving public access to the forest;
(3) it is in the interest of the United States for the
Secretary of Agriculture to enter into an Option Agreement
for the acquisition of land owned by Big Sky Lumber Co. to
accomplish the purposes of this Act; and
(4) other private property owners are willing to enter into
exchanges that further improve the ownership pattern of the
Gallatin National Forest.
SEC. 3. DEFINITIONS.
In this Act:
(1) BLM land.--The term ``BLM land'' means approximately
2,000 acres of Bureau of Land Management land (including all
appurtenances to the land) that is proposed to be acquired by
BSL, as depicted in Exhibit B to the Option Agreement.
(2) BSL.--The term ``BSL'' means Big Sky Lumber Co., an
Oregon joint venture, and its successors and assigns, and any
other entities having a property interest in the BSL land.
(3) BSL land.--The term ``BSL land'' means approximately
54,000 acres of land (including all appurtenances to the land
except as provided in section 4(e)(1)(D)(i)) owned by BSL
that is proposed to be acquired by the Secretary of
Agriculture, as depicted in Exhibit A to the Option
Agreement.
(4) Eastside national forests.--The term ``Eastside
National Forests'' means national forests east of the
Continental Divide in the State of Montana, including the
Beaverhead National Forest, Deerlodge National Forest, Helena
National Forest, Custer National Forest, and Lewis and Clark
National Forest.
(5) National forest system land.--The term ``National
Forest System land'' means approximately 29,000 acres of land
(including all appurtenances to the land) owned by the United
States in the Gallatin National Forest, Flathead National
Forest, Deerlodge National Forest, Helena National Forest,
Lolo National Forest, and Lewis and Clark National Forest
that is proposed to be acquired by BSL, as depicted in
Exhibit B to the Option Agreement.
(6) Option agreement.--The term ``Option Agreement''
means--
(A) the document signed by BSL, dated July 29, 1998, and
entitled ``Option Agreement for the Acquisition of Big Sky
Lumber Co. Lands Pursuant to the Gallatin Range Consolidation
and Protection Act of 1993'';
(B) the exhibits and maps attached to the document
described in subparagraph (A); and
(C) an exchange agreement to be entered into between the
Secretary and BSL and made part of the document described in
subparagraph (A).
(7) Secretary.--The ``Secretary'' means the Secretary of
Agriculture.
SEC. 4. GALLATIN LAND CONSOLIDATION COMPLETION.
(a) In General.--Notwithstanding any other provision of
law, and subject to the terms and conditions of the Option
Agreement--
(1) if BSL offers title acceptable to the Secretary to the
BSL land--
(A) the Secretary shall accept a warranty deed to the BSL
land and a quit claim deed to agreed to mineral interests in
the BSL land;
(B) the Secretary shall convey to BSL, subject to valid
existing rights and to other terms, conditions, reservations,
and exceptions as may be agreed to by the Secretary and BSL,
fee title to the National Forest System land; and
(C) the Secretary of the Interior shall convey to BSL, by
patent or otherwise, subject to valid existing rights and
other terms, conditions, reservations, and exceptions as may
be agreed to by the Secretary of the Interior and BSL, fee
title to the BLM land;
[[Page H8471]]
(2) if BSL places title in escrow acceptable to the
Secretary to 11\1/2\ sections of the BSL land in the Taylor
Fork area as set forth in the Option Agreement--
(A) the Secretary shall place Federal land in the Bangtail
and Doe Creek areas of the Gallatin National Forest, as
identified in the Option Agreement, in escrow pending
conveyance to the Secretary of the Taylor Fork land, as
identified in the Option Agreement in escrow;
(B) the Secretary, subject to the availability of funds,
shall purchase 7\1/2\ sections of BSL land in the Taylor Fork
area held in escrow and identified in the Option Agreement at
a purchase price of $4,150,000; and
(C) the Secretary shall acquire the 4 Taylor Fork sections
identified in the Option Agreement remaining in escrow, and
any of the 6 sections referred to in subparagraph (B) for
which funds are not available, by providing BSL with timber
sale receipts from timber sales on the Gallatin National
Forest and other eastside national forests in the State of
Montana in accordance with subsection (c); and
(3)(A) as funds or timber sale receipts are received by
BSL--
(i) the deeds to an equivalent value of BSL Taylor Fork
land held in escrow shall be released and conveyed to the
Secretary; and
(ii) the escrow of deeds to an equivalent value of Federal
land shall be released to the Secretary in accordance with
the terms of the Option Agreement; or
(B) if funds or timber sale receipts are not provided to
BSL as provided in the Option Agreement, BSL shall be
entitled to receive patents and deeds to an equivalent value
of the Federal land held in escrow.
(b) Valuation.--
(1) In general.--The property and other assets exchanged or
conveyed by BSL and the United States under subsection (a)
shall be approximately equal in value, as determined by the
Secretary.
(2) Difference in value.--To the extent that the property
and other assets exchanged or conveyed by BSL or the United
States under subsection (a) are not approximately equal in
value, as determined by the Secretary, the values shall be
equalized in accordance with methods identified in the Option
Agreement.
(c) Timber Sale Program.--
(1) In general.--The Secretary shall implement a timber
sale program, according to the terms and conditions
identified in the Option Agreement and subject to compliance
with applicable environmental laws (including regulations),
judicial decisions, memoranda of understanding, small
business set-aside rules, and acts beyond the control of the
Secretary, to generate sufficient timber receipts to purchase
the portions of the BSL land in Taylor Fork identified in the
Option Agreement.
(2) Implementation.--In implementing the timber sale
program--
(A) the Secretary shall provide BSL with a proposed annual
schedule of timber sales;
(B) as set forth in the Option Agreement, receipts
generated from the timber sale program shall be deposited by
the Secretary in a special account established by the
Secretary and paid by the Secretary to BSL;
(C) receipts from the Gallatin National Forest shall not be
subject to the Act of May 23, 1908 (16 U.S.C. 500); and
(D) the Secretary shall fund the timber sale program at
levels determined by the Secretary to be commensurate with
the preparation and administration of the identified timber
sale program.
(d) Rights-of-Way.--As specified in the Option Agreement--
(1) the Secretary, under the authority of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.),
shall convey to BSL such easements in or other rights-of-way
over National Forest System land for access to the land
acquired by BSL under this Act for all lawful purposes; and
(2) BSL shall convey to the United States such easements in
or other rights-of-way over land owned by BSL for all lawful
purposes, as may be agreed to by the Secretary and BSL.
(e) Quality of Title.--
(1) Determination.--The Secretary shall review the title
for the BSL land described in subsection (a) and, within 45
days after receipt of all applicable title documents from
BSL, determine whether--
(A) the applicable title standards for Federal land
acquisition have been satisfied and the quality of the title
is otherwise acceptable to the Secretary of Agriculture;
(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 title includes both the surface and subsurface
estates without reservation or exception (except as
specifically provided in this Act), including--
(i) minerals, mineral rights, and mineral interests
(including severed oil and gas surface rights), subject to
and excepting other outstanding or reserved oil and gas
rights;
(ii) timber, timber rights, and timber interests (except
those reserved subject to section 251.14 of title 36, Code of
Federal Regulations, by BSL and agreed to by the Secretary);
(iii) water, water rights, ditch, and ditch rights;
(iv) geothermal rights; and
(v) any other interest in the property.
(2) Conveyance of title.--
(A) In general.--If the quality of title does not meet
Federal standards or is otherwise determined to be
unacceptable to the Secretary of Agriculture, the Secretary
shall advise BSL regarding corrective actions necessary to
make an affirmative determination under paragraph (1).
(B) Title to subsurface estate.--Title to the subsurface
estate shall be conveyed by BSL to the Secretary in the same
form and content as that estate is received by BSL from
Burlington Resources Oil & Gas Company Inc. and Glacier Park
Company.
(f) Timing of Implementation.--
(1) Land-for-land exchange.--The Secretary shall accept the
conveyance of land described in subsection (a) not later than
45 days after the Secretary has made an affirmative
determination of quality of title.
(2) Land-for-timber sale receipt exchange.--As provided in
subsection (c) and the Option Agreement, the Secretary shall
make timber receipts described in subsection (a)(3) available
not later than December 31 of the fifth full calendar year
that begins after the date of enactment of this Act.
(3) Purchase.--The Secretary shall complete the purchase of
BSL land under subsection (a)(2)(B) not later than 30 days
after the date on which funds are made available for such
purchase and an affirmative determination of quality of title
is made with respect to the BSL land.
SEC. 5. OTHER FACILITATED EXCHANGES.
(a) Authorized Exchanges.--
(1) In general.--The Secretary shall enter into the
following land exchanges if the landowners are willing:
(A) Wapiti land exchange, as outlined in the documents
entitled ``Non-Federal Lands in Facilitated Exchanges'' and
``Federal Lands in Facilitated Exchanges'' and dated July
1998.
(B) Eightmile/West Pine land exchange as outlined in the
documents entitled ``Non-Federal Lands in Facilitated
Exchanges'' and ``Federal Lands in Facilitated Exchanges''
and dated July 1998.
(2) Equal Value.--Before entering into an exchange under
paragraph (1), the Secretary shall determine that the parcels
of land to be exchanged are of approximately equal value,
based on an appraisal.
(b) Section 1 of the Taylor Fork Land.--
(1) In general.--The Secretary is encouraged to pursue a
land exchange with the owner of section 1 of the Taylor Fork
land after completing a full public process and an appraisal.
(2) Report.--The Secretary shall report to Congress on the
implementation of paragraph (1) not later than 180 days after
the date of enactment of this Act.
SEC. 6. GENERAL PROVISIONS.
(a) Minor Corrections.--
(1) In general.--The Option Agreement shall be subject to
such minor corrections and supplemental provisions as may be
agreed to by the Secretary and BSL.
(2) Notification.--The Secretary shall notify the Committee
on Energy and Natural Resources of the Senate, the Committee
on Resources of the House of Representatives, and each member
of the Montana congressional delegation of any changes made
under this subsection.
(3) Boundary adjustment.--
(A) In general.--The boundary of the Gallatin National
Forest is adjusted in the Wineglass and North Bridger area,
as described on maps dated July 1998, upon completion of the
conveyances.
(B) No limitation.--Nothing in this subsection limits the
authority of the Secretary to adjust the boundary pursuant to
section 11 of the Act of March 1, 1911 (commonly known as the
``Weeks Act'') (16 U.S.C. 521).
(C) Allocation of land and water conservation fund
moneys.--For the purposes of section 7 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-9), boundaries
of the Gallatin National Forest shall be considered to be the
boundaries of the National Forest as of January 1, 1965.
(b) Public Availability.--The Option Agreement--
(1) shall be on file and available for public inspection in
the office of the Supervisor of the Gallatin National Forest;
and
(2) shall be filed with the county clerk of each of
Gallatin County, Park County, Madison County, Granite County,
Broadwater County, Meagher County, Flathead County, and
Missoula County, Montana.
(c) Compliance With Option Agreement.--The Secretary, the
Secretary of the Interior, and BSL shall comply with the
terms and conditions of the Option Agreement except to the
extent that any provision of the Option Agreement conflicts
with this Act.
(d) Status of Land.--All land conveyed to the United States
under this Act shall be added to and administered as part of
the Gallatin National Forest and Deerlodge National Forest,
as appropriate, in accordance with the Act of March 1, 1911
(5 U.S.C. 515 et seq.), and other laws (including
regulations) pertaining to the National Forest System.
(e) Management.--
(1) Public process.--Not later than 30 days after the date
of completion of the land-for-land exchange under section
4(f)(1), the Secretary shall initiate a public process to
amend the Gallatin National Forest Plan and the Deerlodge
National Forest Plan to integrate the acquired land into the
plans.
(2) Process time.--The amendment process under paragraph
(1) shall be completed as soon as practicable, and in no
event later than 540 days after the date on which the
amendment process is initiated.
(3) Limitation.--An amended management plan shall not
permit surface occupancy on
[[Page H8472]]
the acquired land for access to reserved or outstanding oil
and gas rights or for exploration or development of oil and
gas.
(4) Interim management.--Pending completion of the forest
plan amendment process under paragraph (1), the Secretary
shall--
(A) manage the acquired land under the standards and
guidelines in the applicable land and resource management
plans for adjacent land managed by the Forest Service; and
(B) maintain all existing public access to the acquired
land.
(f) Restoration.--
(1) In general.--The Secretary shall implement a
restoration program including reforestation and watershed
enhancements to bring the acquired land and surrounding
national forest land into compliance with Forest Service
standards and guidelines.
(2) State and local conservation corps.--In implementing
the restoration program, the Secretary shall, when
practicable, use partnerships with State and local
conservation corps, including the Montana Conservation Corps,
under the Public Lands Corps Act of 1993 (16 U.S.C. 1721 et
seq.).
(g) Implementation.--The Secretary of Agriculture shall
ensure that sufficient funds are made available to the
Gallatin National Forest to carry out this Act.
(h) Revocations.--Notwithstanding any other provision of
law, any public orders withdrawing lands identified in the
Option Agreement from all forms of appropriation under the
public land laws are revoked upon conveyance of the lands by
the Secretary.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Idaho (Mrs. Chenoweth) and the gentleman from California (Mr. Miller),
each will control 20 minutes.
The Chair recognizes the gentlewoman from Idaho (Mrs. Chenoweth).
(Mrs. CHENOWETH asked and was given permission to revise and extend
her remarks.)
Mrs. CHENOWETH. Mr. Speaker, I yield myself such time as I may
consume.
H.R. 3381, the Gallatin Land Consolidation Act of 1998, was
introduced by my colleague, the gentleman from Montana (Mr. Hill) on
March 5 of this year. The gentleman from Montana (Mr. Hill) deserves
great credit for bringing a decade of negotiations to a successful
conclusion in the form of this bill.
Anyone who has worked on complicated land exchange problems of this
magnitude knows the daunting task of trying to forge an agreement
between the environmental community, landowners, the Federal and State
government, the communities and interested parties. It is usually an
impossible task. I congratulate the gentleman from Montana (Mr. Hill)
for this accomplishment.
Mr. Speaker, I yield such time as he may consume to the gentleman
from Montana (Mr. Hill).
Mr. HILL. Mr. Speaker, I thank the gentlewoman from Idaho for
yielding me this time.
This bill represents the culmination of over a decade's work to
consolidate the public and private land holdings in the Gallatin
National Forest. It proposes to authorize the exchange of 54,000
private acres of privately held lands for approximately 29,000 acres of
U.S. Forest Service lands.
It creatively provides also for the use of timber sale receipts to
bring these values into balance. The consolidation of these holdings is
a win-win proposition. Taxpayers win by consolidating lands to allow
for improved and more efficient management of the public lands. It
means also that sportsmen and women and recreationalists will have
access to more of their land.
{time} 1445
It also consolidates private land holdings that can accommodate the
better management of those lands. It allows for orderly and responsible
resource management, and that means that we will be able to retain
important natural resource jobs that are also vital to Montana
communities. And this bill specifically protects critical wildlife
habitat from subdivision.
These lands lie just north of Yellowstone National Park, Mr. Speaker.
They will provide migration and winter range for deer and elk
populations. This is a very popular hunting and fishing and recreation
area. For this reason, this bill has the support of a broad range of
citizen groups, including resource interest groups, conservation and
sportsman organizations and environmentalists as well. It is also
supported by private land owners and the U.S. Forest Service and the
administration.
A companion measure is before the Senate and has the bipartisan
support of both of Montana's senators.
Mr. Speaker, this bill provides flexibility in the implementing of
this exchange option so that all the interested parties can include the
agreement that is embodied in the exchange option.
I would like to just take a moment to thank all those who have worked
to try to create this consensus-based solution. The Gallatin National
Forest Supervisor, Big Sky Lumber Company, Governor Marc Racicot, the
Montana Fish, Wildlife & Parks Organization, the Greater Yellowstone
Coalition, Rocky Mountain Elk Foundation, the Headwaters Fish & Game
Association, the Wilderness Society, the Montana Land Alliance, the
Upper Gallatin Community, the Bridger Canyon Property Owners
Association, the Battleridge/Bangtail Coalition, the Gallatin Valley
Snowmobile Association, the Independent Forest Products Association,
and members of the Montana Delegation staff, Peggy Trenk of my staff
and Sue Brook and Brian Kay of the senator's staff.
I urge all my colleagues to support this bill. It has broad
bipartisan support both here in Washington and in Montana.
Mrs. CHENOWETH. Mr. Speaker, I have no other requests for time, and I
reserve the balance of my time.
Mr. MILLER of California. Mr. Speaker, I yield myself such time as I
may consume, and I rise in support of this legislation.
(Mr. MILLER of California asked and was given permission to revise
and extend his remarks.)
Mr. MILLER of California. Mr. Speaker, at the outset, I want to
commend the gentleman from Montana (Mr. Hill) for his efforts to bring
this matter before the committee and to the floor of the House.
I also want to acknowledge the leadership role of Senator Bachus in
developing this agreement, which contained both H.R. 3381 and a
companion bill in the Senate.
As the gentleman from Montana (Mr. Hill) pointed out, this is the
second phase of the congressionally authorized acquisition of
checkerboard railroad grant lands in the Gallatin Range and other areas
in western Montana near Yellowstone National Park.
The first phase was authorized back in 1993, at which time we
acquired 37,000 acres; and this would provide for 55,000 acres of
really some of the most magnificent wildlife range and scenic areas in
the western United States.
In the second phase as set forth in the current bill, the Forest
Service would gain an additional 55,000 acres in the Taylor Fork and
other important fish and wildlife areas within the Gallatin National
Forest.
Recently, Forest Service exchanges have come under the scrutiny of
the Department's Inspector General and generated controversy in Nevada,
Washington, and other western states. In response, Chief Mike Dombeck
has adopted new procedures which include review of appraisals and
approval of land exchanges by the Washington office. I welcome this
heightened scrutiny of land exchanges. I have long-standing concerns
about abuses of land exchanges and prefer instead that the
administration give greater emphasis to land purchases using the amply
endowed Land and Water Conservation Fund.
In this case, however, we are assured by the Forest Service that the
exchange fosters the public interest by acquiring critical habitat for
elk, moose, grizzly bear, and other fish and wildlife. These lands have
significant economic value for public recreation. The agency considers
the asset swap to be a fair deal for the taxpayers, based on appraisals
which have been reviewed by the Chief Appraiser. And the agency has
engaged in a thorough public process in developing this exchange and
has submitted a detailed report to Congress.
Mr. Speaker, we should recognize that it is very difficult to develop
anything close to a consensus on many western public land use issues.
To the credit of the Montana delegation, they have brought to us in
this legislation an agreement which has been negotiated to the
satisfaction of the Forest Service and Big Sky Lumber and which is
supported by an array of diverse interests in Montana, including the
Governor and environmental groups such as the Greater Yellowstone
Coalition and The Wilderness Society.
I urge adoption of the bill.
I want to again thank all of the parties who worked so hard on this
legislation and urge its passage.
[[Page H8473]]
Mr. Speaker, I yield back the balance of my time.
Mrs. CHENOWETH. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Upton). The question is on the motion
offered by the gentlewoman from Idaho (Mrs. Chenoweth) that the House
suspend the rules and pass the bill, H.R. 3381, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read:
``A bill to direct the Secretary of Agriculture and the
Secretary of the Interior to exchange land and other assets
with Big Sky Lumber Co. and other entities.''.
A motion to reconsider was laid on the table.
____________________