[Congressional Record Volume 144, Number 136 (Friday, October 2, 1998)]
[Senate]
[Pages S11351-S11352]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                GALLATIN LAND CONSOLIDATION ACT OF 1998

                                 ______
                                 

                 BAUCUS (AND BURNS) AMENDMENT NO. 3681

  Mr. HAGEL (for Mr. Baucus for himself and Mr. Burns) proposed an 
amendment to the bill (S. 1719) to direct the Secretary of Agriculture 
and the Secretary of the Interior to exchange land and other assets 
with Big Sky Lumber Co.; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     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;
       (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

[[Page S11352]]

     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)(3)(B) not later than 30 days 
     after the date on which appropriated funds are made available 
     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 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.
       (i) 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.
       Amend the title so as to read: ``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.''.

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