Implementation of Gallatin Land Consolidation Act of 1998.

Sec. 333. Implementation of Gallatin Land Consolidation Act of 1998. (a) Definitions.—For purposes of this section:(1) “Gallatin Land Consolidation Act of 1998” means Public Law 105–267 (112 Stat. 2371).(2) “Option Agreement” has the same meaning as defined in section 3(6) of the Gallatin Land Consolidation Act of 1998.(3) “Secretary” means the Secretary of Agriculture.(4) “Excess receipts” means National Forest Fund receipts from the National Forests in Montana, which are identified and adjusted by the Forest Service within the fiscal year, and which are in excess of funds retained for: the Salvage Sale Fund; the Knutson-Vandenberg Fund; the Purchaser Road/Specified Road Credits; the Twenty-Five Percent Fund, as 117 STAT. 1310 amended; the Ten Percent Road and Trail Fund; the Timber Sale Pipeline Restoration Fund; the Fifty Percent Grazing Class A Receipts Fund; and the Land and Water Conservation Fund Recreation User Fees Receipts—Class A Fund.(5) “Special Account” means the special account referenced in section 4(c)(2) of the Gallatin Land Consolidation Act of 1998.(6) “Eastside National Forests” has the same meaning as in section 3(4) of the Gallatin Land Consolidation Act of 1998.(b) Special Account.—(1) The Secretary is authorized and directed, without further appropriation or reprogramming of funds, to transfer to the Special Account these enumerated funds and receipts in the following order:(A) timber sale receipts from the Gallatin National Forest and other Eastside National Forests, as such receipts are referenced in section 4(a)(2)(C) of the Gallatin Land Consolidation Act of 1998;(B) any available funds heretofore appropriated for the acquisition of lands for National Forest purposes in the State of Montana through fiscal year 2003;(C) net receipts from the conveyance of lands on the Gallatin National Forest as authorized by subsection (c); and(D) excess receipts for fiscal years 2003 through 2008.(2) All funds in the Special Account shall be available to the Secretary until expended, without further appropriation, and will be expended prior to the end of fiscal year 2008 for the following purposes:(A) the completion of the land acquisitions authorized by the Gallatin Land Consolidation Act of 1998 and fulfillment of the Option Agreement, as may be amended from time to time; and(B) the acquisition of lands for which acquisition funds were transferred to the Special Account pursuant to subsection (b)(1)(B).(3) The Special Account shall be closed at the end of fiscal year 2008 and any monies remaining in the Special Account shall be transferred to the fund established under Public Law 90–171 (commonly known as the “Sisk Act”, 16 U.S.C. 484a) to remain available, until expended, for the acquisition of lands for National Forest purposes in the State of Montana.(4) Funds deposited in the Special Account or eligible for deposit shall not be subject to transfer or reprogramming for wildland fire management or any other emergency purposes.(c) Land Conveyances Within the Gallatin National Forest.—(1) Conveyance authority.—The Secretary is authorized, under such terms and conditions as the Secretary may prescribe and without requirements for further administrative or environmental analyses or examination, to sell or exchange any or all rights, title, and interests of the United States in the following lands within the Gallatin National Forest in the State of Montana:(A) SMC East Boulder Mine Portal Tract: Principal Meridian, T.3S., R.11E., Section 4, lots 3 to 4 inclusive, W½SE¼NW¼, containing 76.27 acres more or less.117 STAT. 1311(B) Forest Service West Yellowstone Administrative Site: United States Forest Service Administrative Site located within the NE¼ of Block 17 of the Townsite of West Yellowstone which is situated in the N½ of Section 34, T.13S., R.5E., Principal Meridian, Gallatin County, Montana, containing 1.04 acres more or less.(C) Mill Fork Mission Creek Tract: Principal Meridian, T.13S., R.5E., Section 34, NW¼SW¼, containing 40 acres more or less.(D) West Yellowstone Town Expansion Tract #1: Principal Meridian, T.13S., R.5E., Section 33, E½E½NE¼, containing 40 acres more or less.(E) West Yellowstone Town Expansion Tract #2: Principal Meridian, T.13S., R.5E., Section 33, NE¼SE¼, containing 40 acres more or less.(2) Descriptions.—The Secretary may modify the descriptions in subsection (c)(1) to correct errors or to reconfigure the properties in order to facilitate a conveyance.(3) Consideration.—Consideration for a sale or exchange of land under this subsection may include cash, land, or a combination of both.(4) Valuation.—Any appraisals of land deemed necessary or desirable by the Secretary to carry out the purposes of this section shall conform to the Uniform Appraisal Standards for Federal Land Acquisitions.(5) Cash equalization.—Notwithstanding any other provision of law, the Secretary may accept a cash equalization payment in excess of 25 percent of the value of any land exchanged under this subsection.(6) Solicitations of offers.—The Secretary may—(A) solicit offers for sale or exchange of land under this subsection on such terms and conditions as the Secretary may prescribe; or(B) reject any offer made under this subsection if the Secretary determines that the offer is not adequate or not in the public interest.(7) Methods of sale.—The Secretary may sell land at public or private sale, including competitive sale by auction, bid, or otherwise, in accordance with such terms, conditions, and procedures as the Secretary determines will be in the best interests of the United States.(8) Brokers.—The Secretary may utilize brokers or other third parties in the disposition of the land authorized by this subsection and, from the proceeds of the sale, may pay reasonable commissions or fees on the sale or sales.(9) Receipts from sale or exchange.—The Secretary shall deposit the net receipts of a sale or exchange under this subsection in the Special Account.(d) Miscellaneous Provisions.—(1) Receipts from any sale or exchange pursuant to subsection (c) of this section:(A) Shall not be deemed excess receipts for purposes of this section.(B) Shall not be paid or distributed to the State or counties under any provision of law, or otherwise deemed as moneys received from the National Forest for purposes of the Act of May 23, 1908 or the Act of March 1, 1911 117 STAT. 1312 (16 U.S.C. 500, as amended), or the Act of March 4, 1913 (16 U.S.C. 501, as amended).(2) As of the date of enactment of this section, any public land order withdrawing land described in subsection (c)(1) from all forms of appropriation under the public land laws is revoked with respect to any portion of the land conveyed by the Secretary under this section.(3) Subject to valid existing rights, all lands described in section (c)(1) are withdrawn from location, entry, and patent under the mining laws of the United States.(4) The Agriculture Property Management Regulations shall not apply to any action taken pursuant to this section.(e) Option Agreement Amendment.—The Amendment No. 1 to the Option Agreement is hereby ratified as a matter of Federal law and the parties to it are authorized to effect the terms and conditions thereof.