[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.

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