§ 460ll-3. — Land acquisition and exchange.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460ll-3]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCVI--RATTLESNAKE NATIONAL RECREATION AREA
Sec. 460ll-3. Land acquisition and exchange
(a) Authority of Secretary of Agriculture
Within the boundaries of the Rattlesnake National Recreation Area
and Rattlesnake Wilderness, the Secretary is authorized and directed to
acquire with donated or appropriated funds including amounts
appropriated from the Land and Water Conservation Fund, by exchange,
gift, or purchase, such non-Federal lands, interests, or any other
property, in conformance with the provisions of this section. Nothing in
this subchapter shall be construed to limit or diminish the existing
authority of the Secretary to acquire lands and interests therein within
or contiguous to the Rattlesnake National Recreation Area or Rattlesnake
Wilderness.
(b) Exchange of lands for bidding rights on coal lease sales or coal
lease modifications; bidding rights as monetary credit; transfer
or sale
(1) The Secretary of the Interior, in consultation with the
Secretary of Agriculture, is authorized to consider and consummate an
exchange with the owner of the private lands or interests therein within
or contiguous to the boundaries of the Rattlesnake National Recreation
Area and Rattlesnake Wilderness, as described in sections 460ll-1 and
460ll-2 of this title, by which the Secretary of the Interior may accept
conveyance of title to these private lands for the United States and in
exchange issue bidding rights that may be exercised in competitive coal
lease sales, or in coal lease modifications, or both, under sections 2
and 3 of the Mineral Lands Leasing Act of 1920, as amended (30 U.S.C.
201(a), 203). Any lands so acquired shall become national forest lands
under the jurisdiction of the Secretary of Agriculture to be managed in
accordance with the provisions of this subchapter and other laws
applicable to the management of national forest lands. Nothing in this
subchapter shall be construed to limit or diminish any existing
authority of the Secretaries of the Interior and Agriculture to acquire
private lands and interests therein in the Rattlesnake National
Recreation Area and Rattlesnake Wilderness. Nothing in this subchapter
shall be construed to require any owner of the lands within or
contiguous to the Rattlesnake National Recreation Area or Rattlesnake
Wilderness to accept coal lease bidding rights in exchange for title to
those private lands.
(2) The coal lease bidding rights to be issued may be exercised as
payment of bonus or other payment required of the successful bidder for
a competitive coal lease, or required of an applicant for a coal lease
modification. The bidding rights shall equal the fair market value of
the private lands or interests therein conveyed in exchange for their
issuance. The use and exercise of the bidding rights shall be subject to
the provisions of the Secretary of the Interior's regulations governing
coal lease bidding rights, to the extent that they are not inconsistent
with this subchapter, that are in effect at the time the bidding rights
are issued.
(3) If for any reason, including but not limited to the failure of
the Secretary of the Interior to offer for lease lands in the Montana
portion of the Powder River Coal Production Region as defined in the
Federal Register of November 9, 1979 (44 F.R. 65196), or the failure of
the holder of the bidding rights to submit a successful high bid for any
such leases, any bidding rights issued in an exchange under this
subchapter have not been exercised within two years from October 31,
1983, the bidding rights may be used as a monetary credit, which shall
be considered ``money'' within the meaning of section 35 of the Mineral
Lands Leasing Act of 1920 (30 U.S.C. 191), against that portion of bonus
payments, rental or royalty payments paid into the Treasury of the
United States and retained by the Federal Government on any Federal coal
lease won or otherwise held by the applicant, its successors or assigns.
The holder of the bidding rights shall pay the balance due on such bonus
payments, rental or royalty payments in cash for transmittal to the
States in the same manner and in the same amounts as though the entire
payment were made in cash under the provisions of the Mineral Leasing
Act of 1920 as amended [30 U.S.C. 181 et seq.]. The bidding rights may
be transferred or sold at any time by the owner to any other party with
all the rights of the owner to the credit, and after such transfer, the
owner shall notify the Secretary.
(4) It is the intent of Congress that the exchange of bidding rights
for the private lands or interests therein authorized by this subchapter
shall occur within three years of October 19, 1980.
(5) In order to facilitate the exchange authorized by this
subchapter, the Executive order captioned ``Order of Withdrawal'', of
June 6, 1929, creating ``Coal Reserve No. 1, Montana, No. 1'', is hereby
revoked to the extent that it constitutes a withdrawal of the lands
therein from disposal under the Mineral Lands Leasing Act of 1920, as
amended [30 U.S.C. 181 et seq.].
(c) Exchange of lands involving Burlington Northern, Inc.
The exchange of lands involving Burlington Northern, Inc. shall be
in accordance with the agreement entitled ``Statement of Intent''
entered into by Burlington Northern, Inc. and the Regional Forester of
the United States Forest Service, Region 1, signed September 18, 1980,
and it is the intent of Congress that this exchange shall occur within
three years of October 19, 1980.
(d) Non-Federal lands; water rights
(1) As non-Federal lands and interests in the Rattlesnake National
Recreation Area are acquired, the lands shall become part of the
Rattlesnake National Recreation Area. As non-Federal lands and interests
in the Rattlesnake Wilderness are acquired, the lands shall become part
of the Rattlesnake Wilderness. The Secretary shall publish from time to
time a notice of such classifications in the Federal Register. It is the
intention of Congress that acquisition of the non-Federal lands shall be
completed no later than three years after October 19, 1980.
(2) Nothing in this subchapter shall be construed to permit the
Secretary to affect or diminish any water right which is vested under
either State or Federal law on October 19, 1980, nor the rights of the
owner of such water right to the customary and usual access, including
necessary motorized use over and along existing roads and trails to any
facilities used in connection therewith, and the right to operate and
maintain such facilities.
(e) Exchange of land owned by Montana Power Company for bidding rights
The Secretary of the Interior, in consultation with the Secretary of
Agriculture, shall consummate the exchange of the lands owned by the
Montana Power Company within the boundaries of the Rattlesnake National
Recreation Area and Rattlesnake Wilderness by issuing bidding rights to
the Montana Power Company which shall equal the negotiated cash
equivalent of the fair market value of such Montana Power Company lands,
as provided in the agreement of April 4, 1983, signed by the authorized
representatives of the Secretary of Agriculture, the Secretary of the
Interior and the Montana Power Company, except that adjustments in the
``Cash Equivalency Rate'' referred to in said agreement shall not exceed
a rate determined by the Secretary of the Interior taking into
consideration the current average market yield on outstanding marketable
obligations of the United States with remaining periods to maturity
comparable to the remaining period during which the bidding rights may
be used.
(Pub. L. 96-476, Sec. 4, Oct. 19, 1980, 94 Stat. 2272; Pub. L. 98-140,
Sec. 7, Oct. 31, 1983, 97 Stat. 907.)
References in Text
Section 2 of the Mineral Lands Leasing Act of 1920, referred to in
subsec. (b)(1), probably means section 2(a) of the Mineral Lands Leasing
Act of 1920, act Feb. 25, 1920, ch. 85, Sec. 2(a), 41 Stat. 438, which
enacted section 201(a) of Title 30, Mineral Lands and Mining. Section
2(b) to (d) of the Mineral Lands Leasing Act of 1920 enacted sections
201(b), 202, and 202(a) of Title 30, respectively.
The Mineral Lands Leasing Act of 1920, as amended, referred to in
subsec. (b)(3), (5), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, as
amended, known as the Mineral Leasing Act, which is classified generally
to chapter 3A (Sec. 181 et seq.) of Title 30. For complete
classification of this Act to the Code, see Short Title note set out
under section 181 of Title 30 and Tables.
Codification
In subsec. (b)(3), ``October 31, 1983'' substituted for ``the date
of enactment of this Act'', meaning the date of enactment of Pub. L. 98-
140, section 7(a) of which amended generally subsec. (b)(3), as the
probable intent of Congress.
Amendments
1983--Subsec. (b)(3). Pub. L. 98-140, Sec. 7(a), amended par. (3)
generally, substituting ``two years from October 31, 1983, the bidding
rights may be used as a monetary credit, which shall be considered
`money' within the meaning of section 35 of the Mineral Lands Leasing
Act of 1920 (30 U.S.C. 191), against that portion of bonus payments,
rental or royalty payments paid into the Treasury of the United States
and retained by the Federal Government on any Federal coal lease won or
otherwise held by the applicant, its successors or assigns'' for ``three
years from October 19, 1980, the holder of the bidding rights may, at
its election, use the outstanding bidding rights as a credit against any
royalty, rental, or advance royalty payments owed to the United States
on any Federal coal lease(s) it may then hold'' and inserting provisions
that the holder of the bidding rights shall pay the balance due on such
bonus payments, rental or royalty payments in cash for transmittal to
the States in the same manner and in the same amounts as though the
entire payment were made in cash under the provisions of the Mineral
Leasing Act of 1920 as amended, and that the bidding rights may be
transferred or sold at any time by the owner to any other party with all
the rights of the owner to the credit, and after such transfer, the
owner shall notify the Secretary.
Subsec. (e). Pub. L. 98-140, Sec. 7(b), added subsec. (e).
