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S. 2033 (103rd): Lost Creek Land Exchange Act of 1994

The text of the bill below is as of Apr 20, 1994 (Introduced).

S 2033 IS


2d Session

S. 2033

To provide for the exchange of certain lands within the State of Montana.


April 20 (legislative day, APRIL 11), 1994

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


To provide for the exchange of certain lands within the State of Montana.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,


    This Act may be cited as the ‘Lost Creek Land Exchange Act of 1994’.


    (a) GENERAL- Notwithstanding any other provision of law, the Secretary of Agriculture (referred to in this Act as the ‘Secretary’) is authorized and directed to acquire by exchange certain lands and interests in lands owned by the Brand S Corporation, its successors and assigns, (referred to in this Act as the ‘Corporation’), located in the Lost Creek area of the Deerlodge National Forest and within the Gallatin National Forest.


      (1) NON-FEDERAL LAND- If the Corporation offers fee title that is acceptable to the United States to approximately 18,300 acres of land owned by the Corporation and available for exchange, as depicted on the map entitled ‘Brand S/Forest Service Land Exchange Proposal,’ dated March 1994, and described in the ‘Land Exchange Specifications’ document pursuant to paragraph (b)(3), the Secretary shall accept a warranty deed to the land.

      (2) FEDERAL LAND- Upon acceptance by the Secretary of title to the Corporation’s lands pursuant to paragraph (b)(1), and subject to reservations and valid existing rights, the Secretary of the Interior shall convey, by patent, the fee title to approximately 10,800 acres on the Deerlodge and Gallatin National Forests, and by timber deed, the right to harvest approximately 3.5 million board feet of timber on certain Deerlodge National Forest lands, as depicted on the map referenced in paragraph (b)(1) and further defined by the document referenced in paragraph (b)(3).

      (3) AGREEMENT- The document entitled ‘Brand S/Forest Service Land Exchange Specifications’ which was jointly developed and agreed to by both parties and defines the non-Federal and Federal lands involved in this exchange, and includes legal descriptions of exchange lands and interests, an Access Resolution Agreement and other agreements is hereby incorporated by reference.

    (c) TITLE-

      (1) REVIEW OF TITLE- Within sixty days of receipt of title documents from the Corporation, the Secretary shall review the title for the non-Federal lands described in paragraph (b) and 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; and

        (C) a current title commitment verifying compliance with applicable title standards has been issued to the Secretary.

      (2) CONVEYANCE OF TITLE- In the event the quality of title does not meet Federal standards or is otherwise unacceptable to the Secretary, the Secretary shall advise the Corporation regarding corrective actions necessary to make an affirmative determination. The Secretary, acting through the Secretary of the Interior, shall effect the conveyance of lands described in paragraph (b)(2) not later than ninety days after the Secretary has made an affirmative determination.

    (d) RESOLUTION OF PUBLIC ACCESS- In accordance with the terms of the Access Resolution Agreement referenced in paragraph (b)(3), the Secretary shall secure legal public road access to Gallatin National Forest System lands in--

      (1) the Eightmile Creek area; and

      (2) the Miller Gulch--Fridley Creek--Dry Creek area.


    (a) MAPS AND DOCUMENTS- The maps referred to in section 2 are subject to such minor corrections as may be agreed upon by the Secretary and the Corporation. 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 this paragraph. The maps and documents described in section 2(b)(1) and (3) shall be on file and available for public inspection in the office of Chief, Forest Service, United States Department of Agriculture.


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

      (2) WILDERNESS STUDY AREA ACQUISITIONS- Lands acquired within the Hyalite-Porcupine-Buffalo Horn Wilderness Study Area shall be managed to maintain their 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). Subject to valid existing rights, lands acquired within the Hyalite-Porcupine-Buffalo Horn Wilderness Study Area shall not be available for entry, appropriation, or disposal under the public land laws; for location, entry, and patent under the mining laws; or for disposition under the mineral and geothermal leasing laws, including all amendments thereto, until such time as the Congress decides on the wilderness status.

    (c) VALUATION- The values of the lands and interests in lands to be exchanged under this Act and described in section 2(b) are deemed to be of approximately equal value.

    (d) HAZARDOUS MATERIAL LIABILITY- The United States of America including its departments, agencies, and employees, shall not be liable under the Comprehensive Environmental Response, Compensation and Liability Act, as amended (herein referred to as CERCLA), section 9601 and the following of title 42, United States Code, or the Clean Water Act, section 1251 and the following of title 33, United States Code, or any other Federal, State or local law, solely as a result of acquiring an interest in the Lost Creek Tract or due to circumstances or events occurring before acquisition, including any release or threat of release of hazardous substances.