[Pages S6127-S6128]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

LOST CREEK LAND EXCHANGE ACT OF 1995

Mr. GORTON. Mr. President, I ask unanimous consent that the Energy
Committee be discharged from further consideration of S. 103.
The PRESIDING OFFICER. Without objection, it is so ordered. The clerk
will report.
The legislative clerk read as follows:

A bill (S. 103) entitled the ``Lost Creek Land Exchange Act
of 1995.''

Mr. GORTON. I ask unanimous consent that the Senate proceed to its
immediate consideration; that the bill be deemed read a third time and
passed; the motion to reconsider be laid upon the table; and, that any
statements relating to the bill be placed at the appropriate place in
the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
So the bill (S. 103) was deemed read a third time, and passed; as
follows:

S. 103

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

SECTION 1. SHORT TITLE.

This title may be cited as the ``Lost Creek Land Exchange
Act of 1995''.

SEC. 2. LAND EXCHANGE.

(a) General.--Notwithstanding any other provision of law,
the Secretary of Agriculture (hereinafter referred to in this
title 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,
(hereinafter referred to in this title as the
``Corporation''), located in the Lost Creek area of the
Deerlodge National Forest and within the Gallatin National
Forest.
(b) Offer and Acceptance of Land.--
(1) Non-federal land.--If the Corporation offers to convey
to the United States 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 maps entitled ``Brand S/Forest Service Land Exchange
Proposal'', numbered 1 through 3, dated March 1994, and
described in the ``Land Exchange Specifications'' document
pursuant to paragraph (b)(3), the Secretary shall accept a
warranty deed to such lands.
(2) Federal land.--Upon acceptance by the Secretary of
title to the Corporation's lands pursuant to paragraph (b)(1)
and upon the effective date of the document referred to in
paragraph (b)(3), and subject to 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
maps referenced in paragraph (b)(1) and further defined by
the document referenced in paragraph (b)(3): Provided, That,
except for the east \1/2\ of sec. 10, T3S, R8E, the Secretary
shall not convey to the Corporation the lands on the Gallatin
National Forest identified as the ``Wineglass Tract'' on the
map entitled ``Wineglass Tract'', dated September 1994,
unless the Secretary finds that measures are in place to
protect the scenic, wildlife, and open space values of the
Wineglass Tract. Such finding shall be contained in the
document referenced in paragraph (b)(3).
(3) Agreement.--A document entitled ``Brand S/Forest
Service Land Exchange Specifications'', shall be jointly
developed and agreed to by the Corporation and the Secretary.
Such document shall define the non-Federal and Federal lands
to be exchanged, and shall include legal descriptions of such
lands and interests therein, along with any other agreements.
Such document shall be transmitted, upon completion, to 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 and shall not take
effect until sixty days after transmittal to both Committees.
(4) Conflict.--In case of conflict between the maps
referenced in paragraph (b)(1) and the document referenced
in paragraph (b)(3), the maps shall govern.
(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) 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;
and
(D) the Corporation has complied with the conditions
imposed by this title.
(2) Conveyance of title.--In the event the 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.--The Secretary is
directed, in accordance with existing law, to improve legal
public access to Gallatin National Forest System lands
between West Pine Creek and Big Creek.

SEC. 3. GENERAL PROVISIONS.

(a) Maps and Documents.--The maps referred to in section
202(b)(1) shall be subject to such minor corrections as may
be agreed upon by the Secretary and the Corporation. The maps
and documents described in section 202(b) (1) and (3) shall
be on file and available for public inspection in the
appropriate offices of the Forest Service.
(b) National Forest System Lands.--
(1) In general.--All lands conveyed to the United States
under this title shall be added to and administered as part
of the Deerlodge or Gallatin National Forests, as
appropriate, and shall be administered by the Secretary in
accordance with the laws and regulations pertaining to the
National Forest System.
(2) Wilderness study area acquisitions.--Until Congress
determines otherwise, lands
[[Page S6128]] acquired within the Hyalite-Porcupine-Buffalo
Horn Wilderness Study Area pursuant to this title shall be
managed by the Secretary of Agriculture and the Secretary of
the Interior, as appropriate, so as to maintain the presently
existing wilderness character and potential for inclusion in
the National Wilderness Preservation System.
(c) Valuation.--The values of the lands and interests in
lands to be exchanged under this title and described in
section 202(b) are deemed to be of approximately equal value.
(d) Liability for Hazardous Substances.--
(1) The Secretary shall not acquire any lands under this
title if the Secretary determines that such lands, or any
portion thereof, have become contaminated with hazardous
substances (as defined in the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9601)).
(2) Notwithstanding any other provision of law, the United
States shall have no responsibility or liability with respect
to any hazardous wastes or other substances placed on any of
the lands covered by this title after their transfer to the
ownership of another party, but nothing in this title shall
be construed as either diminishing or increasing any
responsibility or liability of the United States based on the
condition of such lands on the date of their transfer to the
ownership of another party.

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