[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 489 Introduced in Senate (IS)]
103d CONGRESS
1st Session
S. 489
Entitled the ``Gallatin Range Consolidation and Protection Act of
1993''.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 3, 1993
Mr. Baucus (for himself and Mr. Burns) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
Entitled the ``Gallatin Range Consolidation and Protection Act of
1993''.
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 referred to as the ``Gallatin Range Consolidation
and Protection Act of 1993''.
SEC. 2. FINDINGS.
The Congress finds that:
(1) It has been the clear policy of the Federal Government
since 1925 to consolidate the checkerboard lands along the
Gallatin Range north of Yellowstone National Park.
(2) These lands north of Yellowstone possess outstanding
natural characteristics and wildlife habitat which give them
high value as lands added to the National Forest System.
(3) Although these lands have remained pristine up till now
failure to consolidate at this time will in the near future
lead to fragmentation and development.
(4) The Federal Government has already invested a great
deal in keeping the lands along the Gallatin Range protected
from excess development.
SEC. 3. PLUM CREEK LAND EXCHANGE--GALLATIN AREA.
(a) In General.--The Secretary of Agriculture, hereinafter called
the Secretary, shall, subject to the provisions of section 4(b) and
section 5(b) and, notwithstanding any other law, acquire by exchange
and cash equalization in the amount of $3,400,000, certain lands and
interests in land of the Plum Creek Timber, L.P. (referred to in this
section as the ``company'') in and adjacent to the Hyalite-Porcupine-
Buffalo Horn Wilderness Study Area, the Scapegoat Wilderness Area, and
other land in the Gallatin National Forest in accordance with this
section.
(b)(1) Description of Lands.--If the company offers to the United
States the fee title, including mineral interests, to approximately
37,752 and \15/100\ acres of land owned by the company which is
available for exchange to the United States as depicted on a map
entitled ``Plum Creek Timber and Forest Service Proposed Gallatin Land
Exchange'', dated May 20, 1988, the Secretary shall accept a warranty
deed to such land and, in exchange therefor, and subject to valid
existing rights, recommend that the Secretary of the Interior convey,
subject to valid existing rights, by patent the fee title to
approximately 12,414 and \6/100\ acres of National Forest system lands
available for exchange to the company as depicted on such map, subject
to--
(A) the reservation of ditches and canals required by the
Act entitled ``An Act making appropriations for sundry civil
expenses of the Government for the fiscal year ending June
thirtieth, eighteen hundred and ninety-one, and for other
purposes'', approved August 30, 1890 (26 Stat. 391; 43 U.S.C.
945);
(B) the reservation of rights under Federal Oil and Gas
Lease numbers 49739, 55610, 40389, 53670, 40215, 33385, 53736,
and 38684; and
(C) such other terms, conditions, reservations and
exceptions as may be agreed upon by the Secretary and the
company.
(2) On termination or relinquishment of the leases referred to in
paragraph (1), all the rights and interests in land granted therein
shall immediately vest in the company, its successors and assigns, and
the Secretary shall give notice of that event by a document suitable
for recording in the county wherein the leased lands are situated.
(c) Easements.--At closing on the conveyances authorized by this
section--
(1) in consideration of the easements conveyed by the
company as provided in paragraph 2 of this subsection, the
Secretary of Agriculture shall, under authority of the National
Forest Roads and Trails Act of October 13, 1964, or the Federal
Land Policy and Management Act of 1976, execute and deliver to
the company such easements and authorizations over federally
owned lands included in this exchange as may be agreed to by
the Secretary and the company in the exchange agreement.
(2) In consideration of the easements conveyed by the
United States as provided in paragraph (1), the company shall
execute and deliver to the United States such easements and
authorizations across company-owned lands included in this
exchange as may be agreed to by the Secretary and the company
in the exchange agreement.
(d) Maps.--The maps referred to in subsection (b) are subject to
such minor corrections as may be agreed upon by the Secretary and the
company. The Secretary shall notify the Committee on Energy and Natural
Resources of the United States Senate and the Committee on Natural
Resources to the United States House of Representatives of any
corrections made pursuant to the subsection.
(e) Timing of Transaction.--It is the intent of Congress that the
conveyances authorized by this section be completed within ninety days
after the date of enactment of an Act making the appropriation
authorized by subsection (g).
(f) Forest Lands.--All lands conveyed to the United States pursuant
to this section shall become national forest system lands to be
administered by the Secretary in accordance with applicable law.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section the sum $3,400,000, which amount
the Secretary shall, when appropriated, pay to the company to equalize
the value of the exchange of land authorized by this section.
(h) Quality of Title.--Title to the properties referenced in this
section to be offered to the United States by Big Sky Lumber Company,
its assignees or successors in interest, shall be inclusive of the
entire surface and subsurface estates without reservation or exception.
The owner shall be required to reacquire any outstanding interest in
mineral or mineral rights, timber or timber rights, water or water
rights, or any other outstanding interest in the property, except
reservations by the United States or the State of Montana by patent, in
order to assure that title to the property is transferred as described
in this section and sections 4, 5, and 6. Title standards for
acquisition shall otherwise be in compliance with Forest Service
policies and procedures.
(i) References.--The reference and authorities of this section
referring to Plum Creek Timber Company, L.P., shall also refer to its
successors.
SEC. 4. LAND CONSOLIDATION; PORCUPINE AREA.
(a) In General.--The exchange described in section 3 of this Act
shall not be consummated by the Secretary until the conditions of this
section are met.
(b) Conditions.--The Secretary or a qualified section 501(c)(3)
conservation entity, acting on its behalf for later disposition to the
United States, shall have acquired, by purchase or option to acquire,
or exchange, all of the Porcupine property for its fair market value,
determined at the time of acquisition in accordance with appraisal
standards acceptable to the Secretary by an appraiser acceptable to the
Secretary and the owner. Any appraisal for exchange purposes shall be
conducted by the same parties, utilizing the same standards noted
above; ``And further that, if said acquisition or option to acquire has
been consummated by a qualified section 501(c)(3) conservation entity,
said entity shall have notified the Secretary that the quality of title
in fact secured meets applicable Forest Service standards with respect
to surface and subsurface estates or is otherwise acceptable to the
Forest Service''.
(c) Description of Lands.--The Secretary is authorized and directed
to acquire by purchase or exchange the lands and interests therein as
depicted on a map entitled ``Porcupine Area'', dated September, 1992.
(d) Land Acquisition Authorities.--Acquisitions pursuant to this
section shall be under existing authorities available to the Secretary.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out the purposes of
this section. Funds necessary for land acquisition are authorized to be
appropriated from the Land and Water Conservation Fund.
(f) Equal Value.--Any exchange of lands between Big Sky Lumber
Company and the United States shall be for equal value.
(g) References.--The reference and authorities of this section
referring to the Big Sky Lumber Company, shall also refer to its
successors.
SEC. 5. LAND CONSOLIDATION--TAYLOR FORK AREA.
(a) In General.--The exchange described in section 3 of this Act
shall not be consummated by the Secretary until the conditions of this
section are met.
(b) Conditions.--The Secretary or a qualified section 501(c)(3)
conservation entity, acting on its behalf for later disposition to the
United States, shall have acquired, by purchase or option to acquire,
or exchange, all of the Taylor Fork property for its fair market value,
determined at the time of acquisition in accordance with appraisal
standards acceptable to the Secretary by an appraiser acceptable to the
Secretary and owner. Any appraisal for exchange purposes shall be
conducted by the same parties, utilizing the same standards noted
above; and further that, if said acquisition or option to acquire has
been consummated by a qualified section 501(c)(3) conservation entity,
said entity shall have notified the Secretary that the quality of title
in fact secured meets applicable Forest Service standards with respect
to surface and subsurface estates or is otherwise acceptable to the
Forest Service.
(c) Direction.--The Secretary is directed to provide Congress,
within two years, recommendations designed to acquire by purchase or
exchange Taylor Fork Area lands owned by Big Sky Timber Company:
Provided, That such recommendations are agreed to by Big Sky Lumber
Company: Provided further, That nothing in this section limits the
Secretary's authority to acquire or purchase said lands.
(d) Description of Lands.--The Secretary is authorized and directed
to acquire by purchase or exchange the lands and interests therein as
depicted on a map entitled ``Taylor Fork Area'', dated September, 1992.
(e) Land Acquisition Authorities.--Acquisition pursuant to this
section shall be under existing authorities available to the Secretary:
Provided, That notwithstanding any other law, exchanges authorized in
this section shall not be restricted within the same State.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out the purposes of
this section. Funds necessary for land acquisition are authorized to be
appropriated from the Land and Water Conservation Funds.
(g) Equal Value.--Any exchange of lands between Big Sky Lumber
Company and the United States shall be for equal value.
(h) References.--The reference and authorities of this section
referring to the Big Sky Lumber Company, shall also refer to its
successors.
(i) Reports to Congress.--For a period of two years from the date
of enactment of this Act, the Secretary shall report annually to the
Committee on Interior and Insular Affairs of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate, on the status of the negotiations with the company or its
successors in interest to effect the land consolidation authorized by
this section.
SEC. 6. LAND CONSOLIDATION--GALLATIN AREA.
(a) In General.--The Secretary shall work diligently to assure all
lands within what is generally known as the Gallatin Range owned by Big
Sky Lumber Company, its assignee or successors in interest, not
acquired, purchased or exchanged pursuant to sections 3 and 4 of this
Act are acquired by the United States through exchange or purchase.
(b) Direction.--The Secretary is directed to provide Congress,
within three years, recommendations designed to acquire by purchase or
exchange Gallatin Area lands owned by Big Sky Lumber Company: Provided,
That such recommendations are agreed to by Big Sky Lumber Company:
Provided further, That nothing in this section limits the Secretary's
authority to acquire or purchase said lands.
(c) Description of Lands.--The Secretary is authorized and directed
to acquire by purchase or exchange the lands and interests therein as
depicted on a map entitled ``Gallatin Area'', dated September, 1992.
(d) Land Acquisition Authorities.--Acquisitions pursuant to this
section shall be under existing authorities available to the Secretary:
Provided, That notwithstanding any other law, exchanges authorized in
this section shall not be restricted within the same State.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out the purposes of
this section. Funds necessary for land acquisition are authorized to be
appropriated from the Land and Water Conservation Fund.
(f) Equal Value.--Any exchange of lands between Big Sky Lumber
Company and the United States shall be for equal value.
(g) Quality of Title.--The quality of title to the properties
referenced in this section in fact secured shall meet applicable Forest
Service standards with respect to surface and subsurface estates or
shall otherwise be acceptable to the Forest Service.
(h) References.--The reference and authorities of this section
referring to the Big Sky Lumber Company, shall also refer to its
successors.
(i) Reports to Congress.--For a period of three years from the date
of enactment of this Act, the Secretary shall report annually to the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate, on the status
of the negotiations with the company or its successors in interest to
effect the land consolidation authorized by this section.
SEC. 8. SEVERED MINERALS EXCHANGE.
(a) Findings.--The Congress finds that--
(1) underlying certain areas in Montana described in
subsection (b) are mineral rights owned by subsidiaries of
Burlington Resources, Incorporated (hereinafter collectively
referred to in this section as the ``company'');
(2) there are federally owned minerals underlying privately
owned lands lying outside those areas;
(3) the company has agreed in principle with the Department
of Agriculture to an exchange of mineral rights to consolidate
Federal surface and subsurface ownerships and to avoid
potential conflicts with the surface management of such areas;
and
(4) it is desirable that an exchange be completed within
two years after the date of enactment of this Act.
(b) Description of Mineral Interests.--(1) Pursuant to an exchange
agreement between the Secretary and the company, the Secretary may
acquire mineral interests owned by the company underlying surface lands
owned by the United States located in the areas depicted on the maps
entitled ``Severed Minerals Exchange, Clearwater-Monture Area'', dated
September 1988 and ``Severed Minerals Exchanges, Gallatin Area'', dated
September 1988, or in fractional sections adjacent to those areas.
(2) In exchange for the mineral interests conveyed to the Secretary
pursuant to paragraph (1), the Secretary of the Interior shall convey,
subject to valid existing rights, such federally owned mineral
interests as the Secretary and the company may agree upon.
(c) Equal Value.--(1) The value of mineral interests exchanged
pursuant to this section shall be approximately equal based on
available information.
(2) To ensure that the wilderness or other natural values of the
areas are not affected, a formal appraisal based upon drilling or other
surface disturbing activities shall not be required for any mineral
interest proposed for exchange, but the Secretary and the company shall
fully share all available information on the quality and quantity of
mineral interests proposed for exchange.
(3) In the absence of adequate information regarding values of
minerals proposed for exchange, the Secretary and the company may agree
to an exchange on the basis of mineral interests of similar development
potential, geologic character, and similar factors.
(d) Identification of Federally Owned Mineral Interests.--(1)
Subject to paragraph (2), mineral interests conveyed by the United
States pursuant to this section shall underlie lands the surface of
which were owned by the company or its predecessor on September 16,
1987.
(2) If there are not sufficient federally owned mineral interests
of approximately equal value underlying the lands identified in
paragraph (1), the Secretary and the Secretary of the Interior may
identify for exchange any other federally owned mineral interest in
land in the State of Montana of which the surface estate is in private
ownership.
(e) Consultation With the Department of the Interior.--(1) The
Secretary shall consult with the Secretary of the Interior in the
negotiation of the exchange agreement authorized by subsection (b),
particularly with respect to the inclusion in such an agreement of a
provision calling for the exchange of federally owned mineral interests
lying outside the boundaries of units of the National Forest System.
(2) Notwithstanding any other law, the Secretary of the Interior
shall convey the federally owned mineral interests identified in a
final exchange agreement between the Secretary of Agriculture and the
company.
(f) Definition.--For purposes of this section, the term ``mineral
interests'' includes all locatable and leasable minerals, including oil
and gas, geothermal resources, and all other subsurface rights.
(g) Environmental Law.--The execution and performance of an
exchange agreement and the taking of other actions pursuant to this
section shall not be deemed a major Federal action significantly
affecting the quality of the environment within the meaning of section
102 of the National Environmental Policy Act (42 U.S.C. 4332), nor
shall they require the preparation of an environmental assessment under
this Act.
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