Pub. L. 105-83, tit. V, sec. 502
Protection and Preservation of Yellowstone National Park-Acquisition of Crown Butte Mining Interests.
Sec. 502. Protection and Preservation of Yellowstone National Park-Acquisition of Crown Butte Mining Interests. (a) Authorization.—Subject to the terms and conditions of this 111 STAT. 1615section, up to $65,000,000 from the Land and Water Conservation Fund is authorized to be appropriated to acquire identified lands and interests in lands referred to in the Agreement of August 12, 1996 to protect and preserve Yellowstone National Park. (b) Conditions of Acquisition Authority.—The Secretary of Agriculture may not acquire the District Property until: (1) the parties to the Agreement have entered into and lodged with the United States District Court for the District of Montana a consent decree as required under the Agreement that requires, among other things, Crown Butte to perform response or restoration actions (or both) or pay for such actions in accordance with the Agreement; (2) an appraisal of the District Property has been undertaken, such appraisal has been reviewed for a period not to exceed 30 days by the Comptroller General of the United States, and such appraisal has been provided to the Committee on Resources of the House of Representatives, the Committee on Energy and Natural Resources of the Senate, and the House and Senate Committees on Appropriations; (3) after the Secretary of Agriculture issues an opinion of value to the Committee on Resources of the House of Representatives, the Committee on Energy and Natural Resources of the Senate, and the House and Senate Committees on Appropriations for the land and property to be acquired by the Federal Government; and (4) the applicable requirements of the National Environmental Policy Act have been met. (c) Acquisition.—Notwithstanding any other provision of law, the amount paid by the United States to acquire identified lands and interests in lands referred to in the Agreement of August 12, 1996 to protect and preserve Yellowstone National Park may exceed the value contained in the appraisal required by section 502(b)(2) if the Secretary of Agriculture certifies, in writing, to Congress that such action is in the best interest of the United States. (d) Deposit in Account.—Immediately upon receipt of payments from the United States, Crown Butte shall deposit $22,500,000 in an interest bearing account in a private, federally chartered financial institution that, in accordance with the Agreement, shall be— (1) acceptable to the Secretary of Agriculture; and (2) available to carry out response and restoration actions. The balance of amounts remaining in such account after completion of response and restoration actions shall be available to the Secretary of Agriculture for use in the New World Mining District for any environmentally beneficial purpose otherwise authorized by law. (e) Maintenance and Rehabilitation of Beartooth Highway.— (1) Maintenance.—The Secretary of Agriculture shall, consistent with the funds provided herein, be responsible for— (A) snow removal on the Beartooth Highway from milepost 0 in Yellowstone National Park, into and through Wyoming, to milepost 43.1 on the border between Wyoming and Montana; and111 STAT. 1616 (B) pavement preservation, in conformance with a pavement preservation plan, on the Beartooth Highway from milepost 8.4 to milepost 24.5. (2) Rehabilitation.—The Secretary of Agriculture shall be responsible for conducting rehabilitation and minor widening of the portion of the Beartooth Highway in Wyoming that runs from milepost 24.5 to milepost 43.1. (3) Authorization of appropriations.—There is authorized to be appropriated to the Secretary of Agriculture— (A) for snow removal and pavement preservation under paragraph (1), $2,000,000; and (B) for rehabilitation under paragraph (2), $10,000,000. (4) Availability of funds.—Within 30 days of the acquisition of lands and interests in lands pursuant to this section, the funds authorized in subsection (e)(3) and appropriated herein for that purpose shall be made available to the Secretary of Agriculture. (f) Response and Restoration Plan.—The Administrator of the Environmental Protection Agency and the Secretary of Agriculture shall approve or prepare a plan for response and restoration activities to be undertaken pursuant to the Agreement and a quarterly accounting of expenditures made pursuant to such plan. The plan and accountings shall be transmitted to the Committee on Resources of the House of Representatives, the Senate Committee on Energy and Natural Resources and the House and Senate Committees on Appropriations. (g) Map.—The Secretary of Agriculture shall provide to the Committee on Resources of the House of Representatives, the Senate Committee on Energy and Natural Resources and the House and Senate Committees on Appropriations, a map depicting the acreage to be acquired pursuant to this section. (h) Definitions.—In this section: (1) Agreement.—The term “Agreement” means the agreement in principle, concerning the District Property, entered into on August 12, 1996 by Crown Butte Mines, Inc., Crown Butte Resources Ltd., Greater Yellowstone Coalition, Northwest Wyoming Resource Council, Sierra Club, Gallatin Wildlife Association, Wyoming Wildlife Federation, Montana Wildlife Federation, Wyoming Outdoor Council, Beartooth Alliance, and the United States of America, with such other changes mutually agreed to by the parties. (2) Beartooth highway.—The term “Beartooth Highway” means the portion of United States Route 212 that runs from the northeast entrance of Yellowstone National Park near Silver Gate, Montana, into and through Wyoming to Red Lodge, Montana. (3) Crown butte.—The term “Crown Butte” means Crown Butte Mines, Inc. and Crown Butte Resources Ltd., acting jointly. (4) District property.—The term “District Property” means the portion of the real property interests specifically described as District Property in appendix B of the Agreement. (5) New world mining district.—The term “New World Mining District” means the New World Mining District as specifically described in appendix A of the Agreement.