[Congressional Record Volume 144, Number 128 (Wednesday, September 23, 1998)]
[House]
[Pages H8473-H8474]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       MOUNT ST. HELENS NATIONAL VOLCANIC MONUMENT COMPLETION ACT

  Mrs. CHENOWETH. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1659) to provide for the expeditious completion of the 
acquisition of private mineral interests within the Mount St. Helens 
National Volcanic Monument mandated by the 1982 Act that established 
the Monument, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 1659

       Be it enacted 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 ``Mount St. Helens National 
     Volcanic Monument Completion Act''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds the following:
       (1) The Act entitled ``An Act to designate the Mount St. 
     Helens National Volcanic Monument in the State of Washington, 
     and for other purposes'', approved August 26, 1982 (96 Stat. 
     301; 16 U.S.C. 431 note), required the United States to 
     acquire all land and interests in land in the Mount St. 
     Helens National Volcanic Monument.
       (2) The Act directed the Secretary of Agriculture to 
     acquire the surface interests and the mineral and geothermal 
     interests by separate exchanges and expressed the sense of 
     Congress that the exchanges be completed by November 24, 
     1982, and August 26, 1983, respectively.
       (3) The surface interests exchange was consummated timely, 
     but the exchange of all mineral and geothermal interests has 
     not yet been completed a decade and a half after the 
     enactment of the Act.
       (b) Purpose.--The purpose of this Act is to facilitate and 
     otherwise provide for the expeditious completion of the 
     previously mandated Federal acquisition of private mineral 
     and geothermal interests within the Mount St. Helens National 
     Volcanic Monument.

     SEC. 3. ACQUISITION OF MINERAL AND GEOTHERMAL INTERESTS 
                   WITHIN MOUNT ST. HELENS NATIONAL VOLCANIC 
                   MONUMENT.

       Section 3 of the Act entitled ``An Act to designate the 
     Mount St. Helens National Volcanic Monument in the State of 
     Washington, and for other purposes'', approved August 26, 
     1982 (Public Law 97-243; 96 Stat. 302; 16 U.S.C. 431 note), 
     is amended by adding at the end the following new 
     subsections:
       ``(g) Exchanges For Mineral and Geothermal Interests Held 
     by Certain Companies.--
       ``(1) Definition of company.--In this subsection, the term 
     `company' means a company referred to in subsection (c) or 
     its assigns or successors.
       ``(2) Exchange required.--Within 60 days after the date of 
     enactment of this subsection, the Secretary of the Interior 
     shall acquire by exchange the mineral and geothermal 
     interests in the Monument of each company.
       ``(3) Monetary credits.--
       ``(A) Issuance.--In exchange for all mineral and geothermal 
     interests acquired by the Secretary of the Interior from each 
     company under paragraph (2), the Secretary of the Interior 
     shall issue to each such company monetary credits with a 
     value of $2,100,000 that may be used for the payment of--
       ``(i) not more than 50 percent of the bonus or other 
     payments made by successful bidders in any sales of mineral, 
     oil, gas, or geothermal leases under the Mineral Leasing Act 
     (30 U.S.C. 181 et seq.), the Outer Continental Shelf Lands 
     Act (43 U.S.C. 1331 et seq.), or the Geothermal Steam Act of 
     1970 (30 U.S.C. 1001 et seq.) in the contiguous 48 States;
       ``(ii) not more than 10 percent of the bonus or other 
     payments made by successful bidders in any sales of mineral, 
     oil, gas, or geothermal leases in Alaska under the laws 
     specified in clause (i);
       ``(iii) not more than 50 percent of any royalty, rental, or 
     advance royalty payment made to the United States to maintain 
     any mineral, oil or gas, or geothermal lease in the 
     contiguous 48 States issued under the laws specified in 
     clause (i); or
       ``(iv) not more than 10 percent of any royalty, rental, or 
     advance royalty payment made to the United States to maintain 
     any mineral, oil or gas, or geothermal lease in Alaska issued 
     under the laws specified in clause (i).
       ``(B) Value of credits.--The total credits of $4,200,000 in 
     value issued under subparagraph (A) are deemed to equal the 
     fair market value of all mineral and geothermal interests to 
     be conveyed by exchange under paragraph (2).
       ``(4) Acceptance of credits.--The Secretary of the Interior 
     shall accept credits issued under paragraph (3)(A) in the 
     same manner as cash for the payments described in such 
     paragraph. The use of the credits shall be subject to the 
     laws (including regulations) governing such payments, to the 
     extent the laws are consistent with this subsection.
       ``(5) Treatment of credits for distribution to states.--All 
     amounts in the form of credits accepted by the Secretary of 
     the Interior under paragraph (4) for the payments described 
     in paragraph (3)(A) shall be considered to be money received 
     for the purpose of section 35 of the Mineral Leasing Act (30 
     U.S.C. 191) and section 20 of the Geothermal Steam Act of 
     1970 (30 U.S.C. 1019).
       ``(6) Exchange account.--
       ``(A) Establishment.--Notwithstanding any other provision 
     of law, not later than 30 days after the completion of the 
     exchange with a company required by paragraph (2), the 
     Secretary of the Interior shall establish an exchange account 
     for that company for the monetary credits issued to that 
     company under paragraph (3). The account for a company shall 
     be established with the Minerals Management Service of the 
     Department of the Interior and have an initial balance of 
     credits equal to $2,100,000.
       ``(B) Use of credits.--The credits in a company's account 
     shall be available to the company for the purposes specified 
     in paragraph (3)(A). The Secretary of the Interior shall 
     adjust the balance of credits in the account to reflect 
     credits accepted by the Secretary of the Interior pursuant to 
     paragraph (4).
       ``(C) Transfer or sale of credits.--
       ``(i) Transfer or sale authorized.--A company may transfer 
     or sell any credits in the company's account to another 
     person.
       ``(ii) Use of transferred credits.--Credits transferred or 
     sold under clause (i) may be used in accordance with this 
     subsection only by a person that is qualified to bid on, or 
     that holds, a mineral, oil, or gas lease under the Mineral 
     Leasing Act (30 U.S.C. 181 et seq.), the Outer Continental 
     Shelf Lands Act (43 U.S.C. 1331 et seq.), or the Geothermal 
     Steam Act of 1970 (30 U.S.C. 1001 et seq.).
       ``(iii) Notification.--Within 30 days after the transfer or 
     sale of any credits by a company, that company shall notify 
     the Secretary of the Interior of the transfer or sale. The 
     transfer or sale of any credit shall not be considered valid 
     until the Secretary of the Interior has received the 
     notification required under this clause.
       ``(D) Time limit on use of credits.--On the date that is 5 
     years after the date on which an account is created under 
     subparagraph (A) for a company, the Secretary of the Interior 
     shall terminate that company's account. Any credits that 
     originated in the terminated account and have not been used 
     as of the termination date, including any credits transferred 
     or sold under subparagraph (C), shall become unusable.
       ``(7) Title to interests.--On the date of the establishment 
     of an exchange account for a company under paragraph (6)(A), 
     title to any mineral and geothermal interests that are held 
     by the company and are to be acquired by the Secretary of the 
     Interior under paragraph (2) shall transfer to the United 
     States.
       ``(h) Other Mineral and Geothermal Interests.--Within 180 
     days after the date of the enactment of this subsection, the 
     Secretary shall submit to the Committee on Resources of the 
     House of Representatives and the Committee on Energy and 
     Natural Resources of the Senate a report--
       ``(1) identifying all remaining privately held mineral 
     interests within the boundaries of the Monument referred to 
     in section 1(a); and
       ``(2) setting forth a plan and a timetable by which the 
     Secretary would propose to complete the acquisition of such 
     interests.''.

  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.)

[[Page H8474]]

  Mrs. CHENOWETH. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 1659, introduced by the gentlewoman from Washington 
(Mrs. Smith) directs the Secretary of the Interior to fulfill a 1982 
statutory requirement that the Federal Government acquire private lands 
and minerals within the Mount St. Helens National Volcanic Monument.
  Eighteen years ago, this tragedy happened. Mr. Speaker, 16 years 
after creation of the monument and 15 years after the statutory 
deadline for the exchange, it will finally bring this issue to a close, 
finally.
  This legislation has the bipartisan support of members of the 
Washington Delegation and the administration. It equitably and finally 
completes the exchange previously mandated by Congress when the 
monument was created.
  I congratulate my colleague, the gentlewoman from Washington (Mrs. 
Smith), and all parties involved for their excellent work, and I urge 
all of my colleagues to support this very common-sense legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. MILLER of California. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, the Mount Saint Helen's National Volcanic Monument 
Completion Act requires the Secretary of the Interior to acquire, by 
exchange, the mineral and geothermal interests of the Burlington 
Northern, Incorporated and the Weyerhaeuser Companies in the Mount 
Saint Helen's National Volcanic Monument in the State of Washington.
  We appreciate the interest of the Washington delegation to see this 
exchange executed as soon as possible, as the matter has been unsettled 
for too long. Therefore, we were pleased to learn that an appraisal 
agreement had been reached between the federal government and the 
private landowners involved.
  The negotiations have concluded with the Forest Service and 
Weyerhaeuser agreeing upon a value of $4.2 million.
  The Administration has indicated that they have no objection to the 
substitute bill which incorporates this agreement and is being offered 
today.
  Clearly, Burlington and Weyerhaeuser should be compensated for their 
mineral rights within Mount Saint Helen's National Volcanic Monument. 
Now that the Administration is no longer opposed to the bill because an 
agreed-upon value for the property has been accomplished and will be 
included in the bill, we see no reason to oppose the bill.
  We are in strong support of this legislation. The previous problems 
that they had with respect to value for the property have been worked 
out. We urge the passage of this legislation.
  Mr. Speaker, I yield back the balance of my time.
  Mrs. CHENOWETH. Mr. Speaker, I yield such time as she may consume to 
the gentlewoman from Washington (Mrs. Linda Smith).
  Mrs. LINDA SMITH of Washington. Mr. Speaker, I want to thank the 
gentlewoman from Idaho (Mrs. Chenoweth) for yielding. She has been a 
great chairman. And I want to thank her staff. This has not been one of 
the easier bills, and I know that they did a lot of work in trying to 
negotiate the final principles and values in this bill.
  I want to talk about what happened in 1980 for a moment so we 
understand what brings us to this day. Mount St. Helens erupted in what 
was one of nature's most beautiful events and also most devastating. It 
caused a 250-mile-per-hour avalanche and high winds that destroyed over 
150 square miles of forests, and it sent a plume of ash over to the 
eastern side of the State that was like nothing we have ever seen. In 
fact, it took quite a while to clean it up.
  But, after that, it took until 1982 to establish a monument. And in 
that process, we decided to protect 110,000 acres around the volcano 
for future recreation and education and research. This monument 
actually preserves this area, but it also has become a living 
classroom.
  Underneath this new beautiful park and living classroom, though, has 
been captured the mineral rights that were supposed to be exchanged in 
the original agreement in 1982 so that those that owned the mineral 
rights got mineral rights somewhere else or some compensation.
  Today, after all of this time, and this started in 1980, we are 
finally keeping our commitment to those that own the mineral rights to 
make reasonable exchanges for what is their property. So I again want 
to thank the chairman, I want to thank the staff and all of the members 
of our delegation who unanimously support this legislation in bringing 
us to this day; a long time, but finally fairness has prevailed and we, 
the government, are keeping our commitment to those various landowners.
  Mr. HASTINGS of Washington. Mr. Speaker, I would like to begin by 
applauding my colleague from Washington State, Mrs. Smith, for bringing 
this matter to the attention of the House. I also commend the hard work 
of Mr. Young, the Chairman of the Resources Committee and Mrs. 
Chenoweth, the Chairman of the Subcommittee, for their excellent work 
in moving this legislation forward.
  I encourage my colleagues to support H.R. 1659, the Mt. St. Helens 
National Volcanic Monument Completion Act. This legislation completes 
the work begun with the creation of the monument in 1982 by bringing 
the remaining privately owned mineral rights within the monument into 
federal ownership.
  Mr. Speaker, as a lifetime resident of Washington State, I remember 
the awesome spectacle of Mt. St. Helens' eruption and the tragic loss 
of lives and property it caused. The federal government created the St. 
Helens National Monument to preserve the unique volcanic landscape that 
resulted. However, it was never the intent of Congress that the 
creation of this monument should result in an uncompensated loss of 
private property. In fact, the enacting legislation required all land 
and mineral rights to be acquired by exchange within one year. Fifteen 
years later, this statutory requirement has not been met.
  Mr. Speaker, the completion of the original terms of the Mt. St. 
Helens National Volcanic Monument is long overdue. H.R. 1659 will 
fulfill the commitment made by the United States in a manner which is 
fair to both the private landowners and the American taxpayers. This is 
a good bill that I urge my colleagues to support.
  Mrs. CHENOWETH. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. 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. 1659, 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.
  A motion to reconsider was laid on the table.

                          ____________________