LOST CREEK LAND EXCHANGE.

SEC. 307. LOST CREEK LAND EXCHANGE. (a) Land Exchange.— 110 STAT. 4133 (1) In general.—Notwithstanding any other provision of law, the Secretary of Agriculture (referred to in this section as the “Secretary”) shall— (A) acquire by exchange certain land and interests in land owned by R-Y Timber, Inc., and its affiliates, successors, and assigns (referred to in this section as the “Corporation”), located in the Lost Creek and Twin Lakes areas of the BeaverheadDeerlodge National Forest, Montana; and (B) (i) convey certain land and interests in land owned by the United States and located in the BeaverheadDeerlodge National Forest and the Gallatin National Forest, Montana, to the Corporation; and (ii) grant the right to harvest timber on land in the BeaverheadDeerlodge National Forest and the Gallatin National Forest as specified in the document under paragraph (4). (2) Offer and acceptance of land.— (A) Non-federal land.—If the Corporation offers to convey to the United States fee title that is acceptable to the Secretary to approximately 17,567 acres of land owned by the Corporation and available for exchange, as depicted on the map entitled “R-Y/Forest Service Land Exchange Proposal”, dated June 1996, and described in the document under paragraph (4), the Secretary shall accept a warranty deed to the land. (B) Federal land.— (i) Conveyance.—On acceptance of title to the Corporation’s land under subparagraph (A) and on the effective date of the document under paragraph (4), the Secretary shall— (I) convey to the Corporation, subject to valid existing rights, by exchange deed, fee title to approximately 7,185 acres in the BeaverheadDeerlodge National Forest; and (II) grant to the Corporation the right to harvest approximately 6,200,000 board feet of timber on certain land in the BeaverheadDeerlodge National Forest and approximately 4,000,000 board feet of timber on certain land in the Gallatin National Forest, collectively referred to as the harvest volume, as depicted on the map described in subparagraph (A) and subject to the terms and conditions stated in the document under paragraph (4). (3) Timber harvesting.— (A) In general.—The timber harvest volume described in paragraph (2)(B)(i)(II) is in addition to, and is not intended as an offset against, the present or future planned timber sale program for the BeaverheadDeerlodge National Forest or the Gallatin National Forest, so long as the allowable sale quantity for each national forest, respectively, is not exceeded for the planning period. (B) SBA share.—The Forest Service shall not reduce its Small Business Administration share of timber sale set-aside offerings in the Beaverhead-Deerlodge National 110 STAT. 4134Forest or the Gallatin National Forest by reason of the land exchange under this subsection. (C) Minimum and maximum annual harvests.— (i) In general.—Subject to clause (ii)— (I) not less than 20 nor more than 30 percent of the timber described in paragraph (2)(B)(i)(II) shall be made available by the end of each fiscal year over a 4- or 5-year period beginning with the first fiscal year that begins after the date of enactment of this Act; and (II) the Corporation shall be allowed at least 3 years after the end of each fiscal year in which to complete the harvest of timber made available for that fiscal year. (ii) Exceptional circumstances.—The timber harvest volumes specified in clause (i) shall not be required in the case of the occurrence of exceptional circumstances identified in the agreement under paragraph (4). In the case of such an occurrence that results in the making available of less than 20 percent of the timber for any fiscal year, the Secretary shall provide compensation of equal value to the Corporation in a form provided for in the agreement under paragraph (4). (4) Land exchange specification agreement.— (A) In general.— Notwithstanding any other provision of law, a document entitled “R-Y/Forest Service Land Exchange Specifications” shall be jointly developed and agreed to by the Corporation and the Secretary. (B) Descriptions of lands to be exchanged.—The document under subparagraph (A) shall define the non- Federal and Federal lands and interests in land to be exchanged and include legal descriptions of the lands and interests in land and an agreement to harvest timber on National Forest System land in accordance with the standard timber contract specifications, section 251.14 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act), and any other pertinent conditions. (C) Submission to congress.—The document under subparagraph (A)— (i) upon its completion shall be submitted to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives; and (ii) shall not take effect until 45 days after the date of submission to both committees. (D) Design and layout.— (i) In general.—The Forest Service shall determine the timber sale design and layout in consultation with the Corporation. (ii) Harvest volume.—Identification of the timber harvest volume shall be determined in accordance with Department of Agriculture standards. (iii) Monitoring.—The Forest Service shall monitor harvest and post-harvest activities to ensure 110 STAT. 4135compliance with the terms and conditions of the document under subparagraph (A). (5) Conflict.—In case of conflict between the map described in paragraph (2)(A) and the document under paragraph (4), the map shall control. (b) Title.— (1) Review of title.—Not later than 60 days after receipt of title documents from the Corporation, the Secretary shall review the title for the non-Federal land described in subsection (a)(2)(A) and determine whether— (A) title standards of the Department of Justice applicable to 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 section. (2) Unacceptable quality of title.—If the quality of title does not meet Federal standards and is not otherwise acceptable to the Secretary, the Secretary shall advise the Corporation regarding corrective actions necessary to make an affirmative determination. (3) Conveyance of title.—The Secretary shall accept the conveyance of land described in subsection (a)(2)(A) not later than 60 days after the Secretary has made an affirmative determination of quality of title. (c) General Provisions.— (1) Maps and documents.— (A) In general.—The map described in subsection (a)(2)(A) and the document under subsection (a)(4) shall be subject to such minor corrections may be agreed upon by the Secretary and the Corporation. (B) Publc Availability.—The map described in subsection (a)(2)(A) and the document under subsection (a)(4) shall be on file and available for public inspection in the appropriate offices for the Forest Service. 110 STAT. 4136 (2) National forest system land.— (A) In general.—All land conveyed to the United States under this section shall be added to and administered as part of the BeaverheadDeerlodge National Forest and shall be administered by the Secretary in accordance with the laws (including regulations) pertaining to the National Forest System. (B) Wilderness study area acquisitions.—Land acquired under this section that is located within the boundary of a wilderness area in existence on the date of enactment of this Act shall be included within the National Wilderness Preservation System. (3) Valuation.—The values of the lands and interests in land to be exchanged under this section are deemed to be equal. (4) Liability for hazardous substances.—The United States (including the departments, agencies, and employees of the United States) shall not be liable under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), or any other Federal, State, or local law solely as a result of the acquisition of an interest in the land described in subsection (a)(2)(A) or because of circumstances or events occurring before the acquisition, including any release or threat of release of a hazardous substance. (5) Release from study.—The land comprising approximately 1.320 acres in the BeaverheadDeerlodge National Forest, as generally depicted on the map entitled “West Pioneer Study Deletion—Proposed”, dated 1994, is released from study under section 2(a)(1) of the Montana Wilderness Study Act of 1977 (91 Stat. 1243).