..Wonderland Incorporated

PROTECTION AND ABANDONMENT

Here are the documents that produced Yellowstone National Park.

Congressional Acts Pertaining to Yellowstone

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U. S. Code, Title 16, Chapter 1, Subchapter V (current U. S. Law of the Park–external link to Cornell University)

The Act of Dedication–March 1, 1872
AN ACT to set apart a certain tract of land lying near the headwaters of the Yellowstone River as a public park.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the tract of land in the the Territories of Montana and Wyoming lying near the headwaters of the Yellowstone River, and described as follows, to wit: commencing at the junction of Gardiner’s River with the Yellowstone River and running east of the meridian to the parallel of latitude, passing ten miles south of the most southern point of Yellowstone Lake; thence west along said parallel to the meridian, passing fifteen miles west of the most western point of Madison Lake; thence north along said meridian to the latitude of the junction of the Yellowstone and Gardiner’s Rivers; thence east to the place of beginning, is hereby reserved and withdrawn from settlement, occupancy, or sale under the laws of the United States, and dedicated and set apart as a public park or pleasuring ground for the benefit and enjoyment of the people; and all persons who shall locate, or settle upon, or occupy the same or any part therof, except as hereinafter provided, shall be considered trespassers and removed therefrom.

Sec. 2. That said public park shall be under the exclusive control of the Secretary of the Interior, whose duty it shall be as soon as practicable, to make and publish such rules and regulations as he may deem necessary or proper for the care and management of the same. Such regulations shall provide for the preservation from injury or spoliation of all timber, mineral deposits, natural curiosities, or wonders within said park, and their retention in their natural condition.

The Secretary may, in his discretion, grant leases for building purposes, for terms not exceeding ten years, of small parcels of ground, at such places in said park as shall require the erection of buildings for the accommodation of visitors; all of the proceeds of said leases, and other revenues that may be derived from any source connected with said park, to be expended under his direction in the management of the same and the construction of roads and bridle-paths therein. He shall provide against the wanton destruction of the fish and game found within said park and against their capture or destruction for the purposes of merchandise or rofit. He shall also cause all persons trespassing upon the same after passage of this act to be removed therefrom, and generally shall be authorized to take all such measures as shall be necessary or proper to fully carry out the objects and purposes of this act.

Approved March 1, 1872

Signed by:

James G. Blaine, Speaker of the House
Schuyler Colfax, Vice-President of the United States and President of the Senate
Ulysses S. Grant, President of the United States

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Military Assistance Authorized for Protecting the Park–Sundry Civil Bill for 1883–March, 3, 1883

…for every purpose and object necessary for the protection, preservation, and improvement of the Yellowstone National Park, including compensation of superintendent and employees, forty thousand dollars, two thousand dollars of said amount to be pain annually to a superintendent of said park and not exceeding nine hundred dollars annually to each of ten assistants, all of whom shall be appointed by the Secretary of the Interior, and reside continuously in the park and whose duty it shall be to protect the game, timber, and objects of interest therein; the balance of the sum appropriated to be expended in the construction and improvement of suitable roads and bridges within said park, under the supervision and direction of an engineer officer detailed by the Secretary of War for that purpose;

The Secretary of the Interior may lease small portions of ground in the park, not exceeding ten acres in extent for each tract, on which may be erected hotels and the necessary outbuildings, and for a period not exceeding ten years; but such lease shall not include any of the geysers or other objects of curiousity or interest in said park, or exclude the public from the free and convenient approach thereto; or include any ground within one quarter of a mile of any of the geysers, or the Yellowstone Falls, nor shall there be leased more than ten acres to any one person or corporation; nor shall any hotel or other buildings be erected within the park until such lease shall be executed by the Secretary of the Interior, and all contracts, agreements, or exclusive privileges heretofore made or given in regard to said park or any part thereof, are hereby declared to be invalid; nor shall the Secretary of the Interior, in any lease which he may make and execute, grant any exclusive privileges within said park, except upon the ground leased.

The Secretary of War, upon the request of the Secretary of the Interior, is hereby authorized and directed to make the necessary details of troops to prevent trespassers or intruders from entering the park for the purpose of destroying the game or objects of curiosity therein, or for any other purpose prohibited by law, and to remove such persons from the park if found therein…

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The National Park Protective Act (The Lacey Act)

CHAP.72-An Act To protect the birds and animals in Yellowstone National Park, and to punish crimes in said park, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Yellowstone National Park, as its boundaries now are defined, or as they may be hereafter defined or extended, shall be under the sole and exclusive jurisdiction of the United States; and that all the laws applicable to places under the sole and exclusive jurisdiction of the United States shall have force and effect in said park: Provided, however, That nothing in this Act shall be construed to forbid the service in the park of any civil or criminal process of any court having jurisdiction in the States of Idaho, Montana, and Wyoming. All fugitives from justice taking refuge in said park shall be subject to the same laws as refugees from justice found in the State of Wyoming.

SEC. 2. That said park, for all the purposes of this Act, shall constitute a part of the United States judicial district of Wyoming, and the district and circuit courts of the United States in and for said district shall have jurisdiction of all offenses committed within said park.

SEC. 3. That if any offense shall be committed in said Yellowstone National Park, which offense is not prohibited or the punishment is not specially provided for by any law of the United States or by any regulation of the Secretary of the Interior, the offender shall be subject to the same punishment as the laws of the State of Wyoming in force at the time of the commission of the offense may provide for a like offense in the said State; and no subsequent repeal of any such law of the State of Wyoming shall affect any prosecution for said offense committed within said park.

SEC. 4. That all hunting, or the killing or wounding, or capturing at any time of any bird or wild animal, except dangerous animals, when it is necessary to prevent them from destroying human life or inflicting an injury, is prohibited within the limits of said park; nor shall any fish be taken out of the waters of the park by means of seines, nets, traps, or by the use of drugs or any explosive substances or compounds, or in any other way than by hook and line, and then only at such seasons and in such times and manner as may be directed by the Secretary of the Interior. That the Secretary of the Interior shall make and publish such rules and regulations as he may deem necessary and proper for the management and care of the park and for the protection of the property therein, especially for the preservation from injury or spoilation of all timber, mineral deposits, natural curiosities, or wonderful objects within said park; and for the protection of the animals and birds in the park, from capture or destruction, or to prevent their being frightened or driven from the park; and he shall make rules governing the taking of fish from the streams or lakes in the park. Possession within said park of the dead bodies, or any part thereof, of any wild bird or animal shall be prima facie evidence that the person or persons having the same are guilty of vilating this Act. Any person or persons, or stage or express company or railway company, receiving for transportation any of the said animals, birds, or fish so killed, taken or caught shall be deemed guilty of a misdemeanor, and shall be fined for every such offense not exceeding three hundred dollars. Any person found guilty of violating any of the provisions of this Act or any rule or regulation that may be promulgated by the Secretary of the Interior with reference to the management and care of the park, or for the protection of the property therein, for the preservation from injury or spoilation of timber, mineral deposits, natural curiosities or wonderful objects within said park, shall be deemed guilty of a misdemeanor, and shall be subjected to a fine of not more than one thousand dollars or imprisonment not exceeding two years, or both, and be adjudged to pay all costs of the proceedings.

That all guns, traps, teams, horses, or means of transportation of every nature or description used by any person or persons within said park limits when engaged in killing, trapping, ensnaring, or capturing such wild beasts, birds, or wild animals shall be forfeited to the United States, and may be seized by the officers in said park and held pending the prosecution of any person or persons arrested under charge of violating the provisions of this Act, and upon conviction under this Act of such person or persons using said guns, traps, teams, horses, or other means of transportation such forfeiture shall be adjudicated as a penalty in addition to the other punishment provided in this Act. Such forfeited property shall be disposed of and accounted for by and under the authority of the Secretary of the Interior.

SEC. 5. That the United States circuit court in said district shall appoint a commissioner, who shall reside in the park, who shall have jurisdiction to hear and act upon all complaints made, of any and all violation of the law, or of the rules and regulations made by the Secretary of the Interior for the government of the park, and for the protection of the animals, birds, and fish and objects of interest therein, and, for other purposes authorized by this Act. Such commissioner shall have power, upon sworn information, to issue process in the name of the United States for the arrest of any person charged with the commission of any misdemeanor, or charged with the violation of the rules and regulations, or with the violation of any provision of this Act prescribed for the government of said park, and for the protection of the animals, birds, and fish in the said park, and to try the person so charged, and, if found guilty, to impose the punishment and adjudge the forfeiture prescribed. In all cases of conviction an appeal shall lie from the judgment of said commissioner to the United States district court for the district of Wyoming, said appeal to be governed by the laws of the State of Wyoming providing for appeals in cases of misdemeanor from justices of the peace to the district court of said State; but the United States circuit court in said district may prescribe rules of procedure and practice for said commissioner in the trial of cases and for appeal to said United States district court. Said commissioner shall also have power to issue process as herein before provided for the arrest of any person charged with the commission of any felony within the park, and to summarily hear the evidence introduced, and, if he shall determine that probable cause is shown for holding the person so charged for trial, shall cause such person to be safely conveyed to a secure place for confinement, within the jurisdiction of the United States district court in said State of Wyoming, and shall certify a transcript of the record of his proceedings and the testimony in the case to the said court, which court shall have jurisdiction of the case: Provided, That the said commissioner shall grant bail in all cases bailable under the laws of the United States or of said State. All process issued by the commissioner shall be directed to the marshal of the United States for the district of Wyoming; but nothing herin contained shall be construed as preventing the arrest by any officer of the Government or employee of the United States in the park without process of any person taken in the act of violating the law or any regulation of the Secretary of the Interior:Provided, That the said commissioner shall only exercise such authority and powers as conferred by this Act.

SEC. 6. That the marshal of the United States for the district of Wyoming may appoint one or more deputy marshals for said park, who shall reside in said park, and the said United States district and circuit courts shall hold one session of said courts annually at the town of Sheridan in the State of Wyoming, and may also hold other sessions at any other place in said State of Wyoming or in said National Park at such dates as the said courts may order.

SEC. 7. That the said commissioner provided for in this Act shall, in addition to the fees allowed by law to commissioners of the circuit courts of the United States, by paid an annual salary of one thousand dollars, payable quarterly, and the marshal of the United States and his deputies, and the attorney of the United States and his assistants in said district, shall be paid the same compensation and fees as are now provided by law for like services in said district.

SEC. 8. That all costs and expenses arising in cases under this Act, and properly chargeable to the United States, shall be certified, approved, and paid as like costs and expenses in the courts of the United States are certified, approved, and paid under the laws of the United States.

SEC. 9. That the Secretary of the Interior shall cause to be erected in the Park a suitable building to be used as a jail, and also having in said building an office for the use of the commissioner, the cost of such building not to exceed five thousand dollars, to be paid out of any moneys in the Treasury not otherwise appropriated upon the certificate of the Secretary as a voucher there for.

SEC. 10. That this Act shall not be construed to repeal existing laws conferring upon the Secretary of the Interior and the Secretary of War certain powers with reference to the protection, improvement, and control of the said Yellowstone National Park.

Approved, May 7, 1894.

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Leases in the Yellowstone National Park (The Hayes Act)
CHAP. 198.-An Act Concerning leases in the Yellowstone National Park.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is hereby authorized and empowered to lease to any person, corporation or company, for a period not exceeding ten years, at such annual rental as the Secretary of the Interior may determine, parcels of land in the Yellowstone National Park, of not more than ten acres in extent for each tract and not in excess of twenty acres in all to any one person, corporation, or company on which may be erected hotels and necessary outbuildings: Provided, That such lease or leases shall not include any of the geysers or other objects of curiosity and interest in said park, or exclude the public from free and convenient approach thereto or include any ground within one-eighth of a mile of any of the geysers or the Yellowstone Falls, the Grand Canyon, or the Yellowstone River, Mammoth Hot Springs, or any object of curiosity in the park: And provided further, That such leases shall not convey, either expressively or by implication, any exclusive privilege within the park except upon the premises held thereunder and for the time therein granted. Every lease hereafter made for any property in said park shall require the lessee to observe and obey each and every provision in any Act of Congress, and every rule, order, or regulation made, or which may hereafter be made and published by the Secretary of Interior concerning the use, care, management, or government of the park, or any object or property therein, under penalty of forfeiture of such lease, and every such lease shall be subject to the right of revocation and forfeiture, which shall therein be reserved by the Secretary of the Interior: And provided further, That persons or corporations now holding leases of ground in the park may, upon the surrender thereof, be granted new leases hereunder, and upon the terms and stipulations contained in their present leases, with such modifications, restrictions, and reservations as the Secretary of the Interior may prescribe.

This Act, however, is not to be construed as mandatory upon the Secretary of the Interior, but the authority herein given is to be exercised in his sound discretion.

That so much of the portion of the Act of March third, eighteen hundred and eighty-three, relating to the Yellowstone Park as conflicts with this Act be, and the same is hereby, repealed.

Approved, August 3, 1894.

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THE NATIONAL PARK SERVICE ORGANIC ACT OF 1916

Sess. 1. Chap. 408. An Act to Establish a National Park Service, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby created in the Department of the Interior a service to be called the National Park Service, which shall be under the charge of a director, who shall be appointed by the Secretary and who shall receive a salary of $4,500 per annum. There shall also be appointed by the Secretary the following assistants and employees at the salaries designated: One assistant director, at $2,500 per annum, one chief clerk, at $2,000 per annum; one draftsman, at $1,800 per annum; one messenger, at $600 per annum; and, in addition thereto, such other employees as the Secretary of the Interior shall deem necessary: Provided, That not more than $8,100 annually shall be expended for salaries of experts, assistants, and employees within the District of Columbia not herein specifically enumerated unless previously authorized by law. The service thus established shall promote and regulate the use of the Federal areas known as national parks, monuments, and reservations hereinafter specified by such means and measures as conform to the fundamental purposes of the said parks, monuments, and reservations, which purpose is to conserve the scenery and the natural and historic objects and the wildlife therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations.

SEC. 2. That the director shall, under the direction of the Secretary of the Interior, have the supervision, management, and control of the several national parks and national monuments which are now under the jurisdiction of the Department of the Interior, and of the Hot Springs Reservation in the State of Arkansas, and of such other national parks and reservations of like character as may be hereafter created by Congress: Provided, That in the supervision, management, and control of national monuments contiguous to national forests the Secretary of Agriculture may cooperate with said National Park Service to such extent as may be requested by the Secretary of the Interior.

SEC. 3. That the Secretary of the Interior shall make and publish such rules and regulations as he may deem necessary or proper for the use and management of the parks, monuments, and reservations under the jurisdiction of the National Park Service, and any violations of any of the rules and regulations authorized by this Act shall be punished as provided for in section fifty of the Act entitled “An Act to codify and amend the penal laws of the United States,” approved March fourth, nineteen hundred and nine, as amended by section six of the Act of June twenty-fifth, nineteen hundred and ten (Thirty-sixth United States Statutes at Large, page eight hundred and fifty-seven). He may also, upon terms and conditions to be fixed by him, sell or dispose of timber in those cases where in his judgment the cutting of such timber is required in order to control the attacks of insects or diseases or otherwise conserve the scenery or the natural or historic objects in any such park, monument, or reservation. He may also provide in his discretion for the destruction of such animals and of such plant life as may be detrimental to the use of any of said parks, monuments, or reservations. He may also grant privileges, leases, and permits for the use of land for the accommodation of visitors in the various parks, monuments, or other reservations herein provided for, but for periods not exceeding thirty years; and no natural curiosities, wonders, or objects of interest shall be leased, rented, or granted to anyone on such terms as to interfere with free access to them by the public: Provided, however, That the Secretary of the Interior may, under such rules and regulations and on such terms as he may prescribe, grant the privilege to graze live stock within any national park, monument, or reservation herein referred to when in his judgment such use is not detrimental to the primary purpose for which such park, monument, or reservation was created, except that this provision shall not apply to the Yellowstone National Park: And provided further, That the Secretary of the Interior may grant said privileges, leases, and permits and enter into contracts relating to the same with responsible persons, firms, or corporations without advertising and without securing competitive bids: And provided further, That no contract, lease, permit, or privilege granted shall be assigned or transferred by such grantees, permittees, or licensees, without the approval of the Secretary of the Interior first obtained in writing: And provided further, That the Secretary may, in his discretion, authorize such grantees, permittees, or licensees to execute mortgages and issue bonds, shares of stock, and other evidences of interest in or indebtedness upon their rights, properties, and franchises, for the purposes of installing, enlarging or improving plant and equipment and extending facilities for the accommodation of the public within such national parks and monuments.

SEC. 4. That nothing in this Act contained shall affect or modify the provisions of the Act approved February fifteenth, nineteen hundred and one, entitled “An Act relating to rights of way through certain parks, reservations, and other public lands.”

Approved, August 25, 1916.

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Gallatin Range Consolidation and Protection Act of 1993
SUMMARY:

Gallatin Range Consolidation and Protection Act of 1993 – Directs the Secretary of Agriculture to acquire: (1) by exchange from the Big Sky Lumber Company, specified lands and interests north of Yellowstone National Park, including land in and adjacent to the Hyalite-Porcupine-Buffalo Horn Wilderness Study Area, the Scapegoat Wilderness Area, and other lands in the Gallatin National Forest; and (2) by purchase or exchange from the Company, lands and interests in the Porcupine Area, the Taylor Fork Area, and the Gallatin Area.

Requires the Secretary of the Interior to convey National Forest System lands as part of such exchange. Sets forth conditions for such exchange with respect to leases and easements. Provides for the continuation of grazing on the North Bridger Range lands and requires timber harvest practices on such lands to be in accordance with the laws of the State of Montana.

Authorizes the Secretary of Agriculture, pursuant to an agreement with Burlington Resources, Incorporated, to acquire mineral interests owned by Burlington underlying surface lands owned by the United States and located within the Clearwater-Monture Area and the Gallatin Area. Requires such acquisition to be made through exchange to Burlington of other federally owned mining interests that the parties may agree to. Requires consultation with the Secretary of the Interior in the negotiation of such exchange.

Requires all lands conveyed to the United States under this Act to be added to and administered as part of the Gallatin National Forest.

Authorizes appropriations.

An Act

To provide for the consolidation and protection of the Gallatin Range.

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.

Congress finds that–

(1) the lands north of Yellowstone National Park possess outstanding natural characteristics and wildlife habitats that give the lands high value as lands added to the National Forest System; and

(2) it is in the interest of the United States for the Secretary, acting through the Forest Service, to enter into an option agreement with Big Sky Lumber Company and Louisiana Pacific Corporation to fulfill the purposes of this Act.

SEC. 3. BIG SKY LUMBER LAND EXCHANGE–GALLATIN AREA.

(a) IN GENERAL- Notwithstanding any other provision of law, the Secretary of Agriculture (referred to in this Act as the `Secretary’, unless the context otherwise requires) shall acquire by exchange certain lands and interests in lands of the Big Sky Lumber Company (referred to in this Act as the `Company’), in and adjacent to the Hyalite-Porcupine-Buffalo Horn Wilderness Study Area, the Scapegoat Wilderness Area, and other lands in the Gallatin National Forest in accordance with this section.

(b) DESCRIPTION OF LANDS-

(1) OFFER AND ACCEPTANCE OF LAND- If the Company offers to the United States acceptable fee title, including mineral interests, to approximately 37,752 acres of land owned by the Company and available for exchange, as depicted on two maps entitled `Proposed BSL Land Acquisitions’, East Half and West Half Gallatin National Forest, dated February 1993 the Secretary shall accept a warranty deed to the land.

(2) EXCHANGE- In exchange for the lands described in paragraph (1) and subject to valid existing rights, the Secretary of the Interior shall convey, by patent, the fee title to approximately 16,278 acres of National Forest System lands available for exchange as depicted on the maps referred to in paragraph (1), and the five maps entitled `H.R. 873, the Gallatin Range Consolidation and Protection Act of 1993′, Lolo and Flathead National Forest, subject to–

(A) the reservation of ditches and canals required by the first section of 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. 371, chapter 837; 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.

(3) Termination of leases-

(A) VESTING OF RIGHTS AND INTERESTS- Upon termination or relinquishment of the leases referred to in paragraph (2)(B), all the rights and interests in such leases reserved under paragraph (2)(B) shall immediately vest in the Company and its successors and assigns.

(B) NOTICE- The Secretary shall provide notice of the termination or relinquishment of the leases referred to in paragraph (2)(B) by a document suitable for recording in the county in which the leased lands are located.

(c) EASEMENTS-

(1) IN GENERAL- Reciprocal easements in accordance with this subsection shall be conveyed at the time of the exchange authorized by this section.

(2) CONVEYANCE BY THE SECRETARY- The Secretary shall, in consideration of the easements conveyed by the Company under paragraph (3), and under the authority of section 2 of Public Law 88-257 (commonly known as the `National Forest Roads and Trails Act’) (16 U.S.C. 533), or the Federal Lands Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), execute and deliver to the Company such easements or other rights-of-way over federally owned lands as may be agreed to by the Secretary and the Company.

(3) CONVEYANCE BY THE COMPANY- The Company shall, in consideration of the easements conveyed by the Secretary under paragraph (2), execute and deliver to the United States such easements or other rights-of-way across Company-owned lands included in this exchange as may be agreed to by the Secretary and the Company.

(d) NORTH BRIDGER RANGE-

(1) COVENANTS AND OTHER RESTRICTIONS- As a condition of the exchange, with respect to such lands depicted on the map entitled `North Bridger Range’, dated May 1993, the Company shall agree that–

(A) the holders, or their successors or assigns, of grazing leases on such lands on the date of enactment of this Act shall be permitted to continue to use such lands for grazing under terms acceptable to the Company and the permittees for so long as the Company owns such lands and for two years after the Company has sold or disposed of such lands; and

(B) the timber harvest practices used on such lands shall be conducted in accordance with Montana Forestry Best Management Practices, the Montana Streamside Zone Management Law (Mont. Code Ann. sec. 77-5-301 et seq.), and all other applicable laws of the State of Montana.

(2) FUTURE ACQUISITION- The Secretary shall consider the desirability of possible acquisition, through exchange under existing law, of any of the lands described in paragraph (1), and shall, not later than one year after the date of enactment of this Act, report to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives concerning the desirability of an exchange.

(e) TIMING OF TRANSACTION-

(1) DETERMINATION- The Secretary shall review the title for the non-Federal lands described in subsection (b), and the appraisal and titles for the non-Federal lands described in sections 4 and 5, and, within sixty days after receipt of all applicable appraisal and title documents from the Company, determine whether–

(A) the applicable title standards for Federal land acquisition have been satisfied or the quality of title is otherwise acceptable to the Secretary;

(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;

(D) the appraisals comply with applicable Forest Service standards; and

(E) except as provided in section (8)(b), the title includes both the surface and subsurface estates without reservation or exception (except by the United States or the State of Montana, by patent), including–

(i) minerals or mineral rights;

(ii) timber or timber rights; and

(iii) any other interest in the property.

(2) CONVEYANCE OF TITLE- In the event the appraisal and/or quality of title do not meet Federal standards or are otherwise determined unacceptable to the Secretary, the Secretary shall advise the Company regarding corrective actions necessary to make an affirmative determination under paragraph (1). The Secretary, acting through the Chief of the Forest Service, shall effect the conveyance of lands described in subsection (b)(2) not later than sixty days after the Secretary has made an affirmative determination under paragraph (1).

(f) COMPLIANCE WITH OPTION- Notwithstanding section (3)(e)(2), the Secretary shall not consummate the conveyance of lands described in subsection (b)(2) until the Secretary has determined that title to the lands described in sections 4 and 5 have been escrowed as required by the document entitled `Option Agreement for the Exchange and/or Purchase of Real Property Pursuant to the Gallatin Range Consolidation and Protection Act of 1993′ (referred to in this Act as `the Option’), executed by the Company, as seller.

(g) REFERENCES- References in this Act to the Company shall include references to the successors and assigns of the Company.

SEC. 4. LAND CONSOLIDATION–PORCUPINE AREA.

(a) ACQUISITION OF PORCUPINE PROPERTY- The Secretary is authorized and directed to acquire, by purchase or exchange, lands and interests in lands listed as `Exhibit A, Porcupine Area’, in the Option, in accordance with the terms and conditions of the Option for the fair market value of such lands and interests, determined at the time of acquisition, in accordance with the appraisal standards specified in the Option.

(b) REPORTS TO CONGRESS- The Secretary shall report annually to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, on the status of the acquisition authorized by this section.

SEC. 5. LAND CONSOLIDATION–TAYLOR FORK AREA.

(a) ACQUISITION OF TAYLOR FORK PROPERTY- The Secretary is authorized and directed to acquire, by purchase or exchange, lands and interests in lands as listed as `Exhibit A, Taylor Fork Area’, in the Option, in accordance with the terms and conditions of the Option for the fair market value of such lands and interests, determined at the time of acquisition, in accordance with the appraisal standards specified in the Option.

(b) REPORTS TO CONGRESS- The Secretary shall report annually to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, on the status of the pending acquisition authorized by this section.

SEC. 6. LAND CONSOLIDATION–GALLATIN ROADED AREA.

(a) ACQUISITION OF GALLATIN ROADED PROPERTY- The Secretary is authorized and directed to acquire, by purchase or exchange, lands and interests in lands as listed as `Exhibit A, Gallatin Roaded’, in the Option, in accordance with the terms and conditions of the Option not otherwise acquired, purchased, or exchanged under section 3, 4, or 5.

(b) REPORTS TO CONGRESS- The Secretary shall report annually to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, on the status of the acquisition authorized by this section.

SEC. 7. SEVERED MINERAL EXCHANGE.

(a) FINDINGS- Congress finds that–

(1) underlying certain areas in Montana described in subsection (b) are mineral rights owned by subsidiaries of Burlington Resources, Incorporated and its successors and assigns (referred to in this Act as `Burlington’);

(2) there are federally owned minerals underlying lands of Burlington lying outside those areas;

(3) Burlington has agreed in principle with the Secretary to an exchange of mineral rights to consolidate surface and subsurface ownerships and to avoid potential conflicts with the surface management of the areas; and

(4) it is desirable that an exchange of lands be completed not later than two years after the date of enactment of this Act.

(b) Mineral Interests-

(1) ACQUISITION- Pursuant to an exchange agreement between the Secretary and Burlington, the Secretary may acquire mineral interests owned by Burlington or an affiliate of Burlington 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 Mineral Exchanges, Gallatin Area’, dated September 1988, or in fractional sections adjacent to the areas depicted on the maps.

(2) EXCHANGE- 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 Burlington may agree upon.

(c) Equal Value-

(1) IN GENERAL- The value of the mineral interests exchanged under subsection (b) shall be approximately equal in value based upon available information.

(2) APPRAISAL- To ensure that the wilderness or other natural values of the area are not affected by the exchange, a formal appraisal based upon drilling or other surface disturbing activities shall not be required for any mineral interest proposed for exchange, except that the Secretary and Burlington shall fully share all available information on the quality and quantity of mineral interests proposed for exchange.

(3) INADEQUATE INFORMATION- In the absence of adequate information regarding values of minerals proposed for exchange, the Secretary and Burlington 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) IN GENERAL- Subject to paragraph (2), mineral interests conveyed by the United States pursuant to this section shall underlie lands the surface of which are owned by Burlington.

(2) OTHER INTERESTS- If there are not sufficient federally owned mineral interests of approximately equal value underlying lands owned by Burlington, the Secretary and the Secretary of the Interior may identify for exchange other federally owned mineral interests in lands in the State of Montana of which the surface estate is in private ownership.

(e) CONSULTATION WITH THE DEPARTMENT OF THE INTERIOR-

(1) IN GENERAL- 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 the agreement of a provision authorizing the exchange of federally owned mineral interests lying outside the boundaries of units of the National Forest System.

(2) CONVEYANCE- 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 Burlington and affiliates of Burlington.

(f) MINERAL INTEREST DEFINED- For purposes of this section, the term `mineral interests’ includes all locatable and leasable minerals, including oil and gas, geothermal resources, and other subsurface rights.

SEC. 8. GENERAL PROVISIONS.

(a) MAPS- The maps referred to in sections 3, 4, 5, 6, and 7 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 of the United States House of Representatives of any corrections made pursuant to the subsection. The maps shall be on file and available for public inspection in the office of Chief, Forest Service, USDA.

(b) TITLE OF LANDS CONVEYED TO THE UNITED STATES-

(1) QUALITY OF TITLE AND RIGHTS- Subject to paragraph (2), the rights, title, and interests to lands conveyed to the United States under sections 4, 5, and 6 shall, at a minimum, consist of the surface estate and the subsurface rights owned by the Company or Burlington where applicable.

(2) EXCEPTION- The Secretary may accept title subject to outstanding or reserved oil and gas and geothermal rights, except that there shall be no surface occupancy permitted on the lands acquired by the United States under sections 4, 5, and 6 for access to reserved or outstanding rights or exploration or development of such lands.

(3) ACCESS- No portion of lands acquired by the United States under this Act shall be available for access to, or exploration or development of, any reserved or outstanding oil, gas, geothermal, or other non-Federal property interest.

(c) NATIONAL FOREST LANDS-

(1) IN GENERAL- All lands conveyed to the United States under this Act shall be added to and administered as part of the Gallatin National Forest of the National Forest System by the Secretary in accordance with the laws and regulations pertaining to the National Forest System.

(2) HYALITE-PORCUPINE-BUFFALO HORN WILDERNESS STUDY AREA- Lands acquired within the Hyalite-Porcupine-Buffalo Horn Wilderness Study Area shall be managed to maintain their presently existing wilderness character and potential for inclusion in the National Wilderness Preservation System in accordance with the Montana Wilderness Study Act of 1977 (16 U.S.C. 1132 note).

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are necessary to carry out this Act.
Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.

=================

Gallatin Land Consolidation Act of 1998 (Gallatin II)
SUMMARY:

Gallatin Land Consolidation Act of 1998 – Provides for the exchange of land and other assets including certain timber harvest rights by the Secretaries of Agriculture and the Interior with the Big Sky Lumber Co. (BSL) for inclusion in the Gallatin National Forest and Deerlodge National Forest, Montana.

Directs the Secretary of Agriculture to: (1) implement a timber sale program to fund the purchase of specified (Taylor Fork) BSL land; (2) enter into specified land exchanges (Wapiti and Eightmile-West Pine); and (3) implement a restoration program for lands acquired under this Act. Encourages the Secretary to pursue a specified land exchange (section 1 of the Taylor Fork land).

Authorizes appropriations.

An Act

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.

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 `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 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 the 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 ONE 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 the 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.

(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.
Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.

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