§ 539k. — Kelly Butte Special Management Area.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC539k]
TITLE 16--CONSERVATION
CHAPTER 2--NATIONAL FORESTS
SUBCHAPTER I--ESTABLISHMENT AND ADMINISTRATION
Sec. 539k. Kelly Butte Special Management Area
(a) Establishment
Upon conveyance to the United States of the Plum Creek offered lands
in the Kelly Butte area, there is hereby established the Kelly Butte
Special Management Area in the Mt. Baker-Snoqualmie National Forest,
Washington, comprising approximately 5,642 acres, as generally depicted
on a map entitled ``Kelly Butte Special Management Area'', dated October
1998.
(b) Management
The Kelly Butte Special Management Area shall be managed by the
Secretary in accordance with the laws, rules and regulations generally
applicable to National Forest System lands, and subject to the following
additional provisions:
(1) the Area shall be managed with special emphasis on:
(A) preserving its natural character and protecting and
enhancing water quality in the upper Green River watershed;
(B) permitting hunting and fishing;
(C) providing opportunities for primitive and semi-primitive
recreation and scientific research and study;
(D) protecting and enhancing populations of fish, wildlife
and native plant species; and
(E) allowing for traditional uses by native American
peoples;
(2) commercial timber harvest and road construction shall be
prohibited;
(3) the Area shall be closed to the use of motor vehicles,
except as may be necessary for administrative purposes or in
emergencies (including rescue operations) to protect public health
and safety; and
(4) the Area shall, subject to valid existing rights, be
permanently withdrawn from all forms of entry and appropriation
under the U.S. mining laws and mineral leasing laws, including the
Geothermal Steam Act of 1970 [30 U.S.C. 1001 et seq.].
(c) No buffer zones
Congress does not intend that the designation of the Kelly Butte
Special Management Area lead to the creation of protective perimeters or
buffer zones around the Area. The fact that non-compatible activities or
uses can be seen or heard from within the Kelly Butte Special Management
Area shall not, of itself, preclude such activities or uses up to the
boundary of the Area.
(Pub. L. 105-277, div. A, Sec. 101(e) [title VI, Sec. 611], Oct. 21,
1998, 112 Stat. 2681-231, 2681-334.)
References in Text
The U.S. mining laws and the mineral leasing laws, referred to in
subsec. (b)(4), are classified generally to Title 30, Mineral Lands and
Mining.
The Geothermal Steam Act of 1970, referred to in subsec. (b)(4), is
Pub. L. 91-581, Dec. 24, 1970, 84 Stat. 1566, as amended, which is
classified principally to chapter 23 (Sec. 1001 et seq.) of Title 30,
Mineral Lands and Mining. For complete classification of this Act to the
Code, see Short Title note set out under section 1001 of Title 30 and
Tables.
Interstate 90 Land Exchange
Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title III, Sec. 346(a),
(e)-(g), (i)], Nov. 29, 1999, 113 Stat. 1535, 1501A-204, 1501A-206,
provided that:
``(a) This section [enacting and amending provisions set out as
notes below] shall be referred to as the `Interstate 90 Land Exchange
Amendment'.
``(e) Section 604(b) [section 101(e) [title VI, Sec. 604(b)] of Pub.
L. 105-277, set out below] is further amended by inserting the following
before the colon: `except Township 19 North, Range 10 East, W.M.,
Section 4, Township 20 North, Range 10 East, W.M., Section 32, and
Township 21 North, Range 14 East, W.M., W\1/2\W\1/2\ of Section 16,
Township 12 North, Range 7 East, Sections 4 and 5, W.M., Township 13
North, Range 7 East, Sections 32 and 33, W.M., Township 8 North, Range 4
East, Section 17 and the S\1/2\ of 16, W.M., which shall be retained by
the United States'. The Appraisal shall be adjusted by subtracting the
values determined for Township 19 North, Range 10 East, W.M., Section 4,
Township 20 North, Range 10 East, W.M., Section 32, Township 12 North,
Range 7 East, Sections 4 and 5, W.M., Township 13 North, Range 7 East,
Sections 32 and 33, W.M., Township 8 North, Range 4 East, Section 17 and
the S\1/2\ of Section 16, W.M. during the Appraisal process in the
context of the whole estate to be conveyed.
``(f) After adjustment of the Appraisal, the values of the offered
and selected lands, including the offered lands held in escrow, shall be
equalized as follows:
``(1) the appraised value of the offered lands, as such lands
and appraised value have been adjusted hereby, minus the appraised
value of the offered lands to be placed into escrow, shall be
compared to the appraised value of the selected lands, as such lands
and appraised value have been adjusted hereby, and the Secretary
shall equalize such values by the payment of cash to Plum Creek at
the time that deeds are exchanged, such cash to come from currently
appropriated funds, or, if necessary, by reprogramming; and
``(2) the Secretary shall compensate Plum Creek for the lands
placed into escrow, based upon the values determined for each such
parcel during the Appraisal process in the context of the whole
estate to be conveyed, through the following, including any
combination thereof:
``(A) conveyance of any other lands under the jurisdiction
of the Secretary acceptable to Plum Creek and the Secretary
after compliance with all applicable Federal environmental and
other laws; and
``(B) to the extent sufficient acceptable lands are not
available pursuant to paragraph (A) of this subsection, cash
payments as and to the extent funds become available through
appropriations, private sources, or, if necessary, by
reprogramming.
The Secretary shall promptly seek to identify lands acceptable to
equalize values under paragraph (A) of this subsection and shall, not
later than July 1, 2000, provide a report to the Congress outlining the
results of such efforts.
``(g) As funds or lands are provided to Plum Creek by the Secretary,
Plum Creek shall release to the United States deeds for lands and
interests in lands held in escrow based on the values determined during
the Appraisal process in the context of the whole estate to be conveyed.
Deeds shall be released for lands and interests in lands in the
following order: Township 21 North, Range 12 East, Section 15, W.M.,
Township 21 North, Range 12 East, Section 23, W.M., Township 21 North,
Range 12 East, Section 25, W.M., Township 19 North, Range 13 East,
Section 7, Township 19 North, Range 15 East, Section 31, Township 19
North, Range 14 East, Section 25, Township 22 North, Range 11 East,
Section 3, W.M., and Township 22 North, Range 11 East, Section 19, W.M.
``(i) The deadline for the Report to Congress required by section
609(c) of the Interstate 90 Land Exchange Act of 1998 [section 101(e)
[title VI, Sec. 609(c)] of Pub. L. 105-277, set out below] is hereby
extended. Such Report is due to the Congress 18 months from the date of
the enactment of this Interstate 90 Land Exchange Amendment [Nov. 29,
1999].''
Pub. L. 105-277, div. A, Sec. 101(e) [title VI], Oct. 21, 1998, 112
Stat. 2681-231, 2681-326, as amended by Pub. L. 106-113, div. B,
Sec. 1000(a)(3) [title III, Sec. 346(b)-(e), (h), (j)], Nov. 29, 1999,
113 Stat. 1535, 1501A-204 to 1501A-206, provided that:
``SEC. 601. SHORT TITLE.
``This Act [probably should be ``this title'' meaning Pub. L. 105-
277, div. A, Sec. 101(e) [title VI]] may be cited as the `Interstate 90
Land Exchange Act of 1998'.
``SEC. 602. FINDINGS AND PURPOSE.
``(a) Findings.--Congress finds that--
``(1) certain parcels of private land located in central and
southwest Washington are intermingled with National Forest System
land owned by the United States and administered by the Secretary of
Agriculture as parts of the Mt. Baker-Snoqualmie National Forest,
Wenatchee National Forest, and Gifford Pinchot National Forest;
``(2) the private land surface estate and some subsurface is
owned by the Plum Creek Timber Company, L.P. in an intermingled
checkerboard pattern, with the United States or Plum Creek owning
alternate square mile sections of land or fractions of square mile
sections;
``(3) the checkerboard land ownership pattern in the area has
frustrated sound and efficient land management on both private and
National Forest lands by complicating fish and wildlife habitat
management, watershed protection, recreation use, road construction
and timber harvest, boundary administration, and protection and
management of threatened and endangered species and old growth
forest habitat;
``(4) acquisition by the United States of certain parcels of
land that have been offered by Plum Creek for addition to the Mt.
Baker-Snoqualmie National Forest and Wenatchee National Forest will
serve important public objectives, including--
``(A) enhancement of public access, aesthetics and
recreation opportunities within or near areas of very heavy
public recreational use including--
``(i) the Alpine Lakes Wilderness Area;
``(ii) the Pacific Crest Trail;
``(iii) Snoqualmie Pass;
``(iv) Cle Elum Lake, Kachess Lake and Keechulus Lake;
and
``(v) other popular recreation areas along the
Interstate 90 corridor east of the Seattle-Tacoma
Metropolitan Area;
``(B) protection and enhancement of old growth forests and
habitat for threatened, endangered and sensitive species,
including a net gain of approximately 28,500 acres of habitat
for the northern spotted owl;
``(C) consolidation of National Forest holdings for more
efficient administration and to meet a broad array of ecosystem
protection and other public land management goals, including net
public gains of approximately 283 miles of stream ownership, 14
miles of the route of the Pacific Crest Trail, 20,000 acres of
unroaded land, and 7,360 acres of riparian land; and
``(D) a significant reduction in administrative costs to the
United States through--
``(i) consolidation of Federal land holdings for more
efficient land management and planning;
``(ii) elimination of approximately 300 miles of
boundary identification and posting;
``(iii) reduced right-of-way, special use, and other
permit processing and issuance for roads and other
facilities on National Forest System land; and
``(iv) other administrative cost savings;
``(5) Plum Creek has selected certain parcels of National Forest
System land that are logical for consolidation into Plum Creek
ownership utilizing a land exchange because the parcels--
``(A) are intermingled with parcels owned by Plum Creek; and
``(B)(i) are generally located in less environmentally
sensitive areas than the Plum Creek offered land; and
``(ii) have lower public recreation and other public values
than the Plum Creek offered land;
``(6) time is of the essence in consummating a land exchange
because delays may force Plum Creek to road or log the offered land
and thereby diminish the public values for which the offered land is
to be acquired; and
``(7) it is in the public interest to complete the land exchange
at the earliest practicable date so that the offered land can be
acquired and preserved by the United States for permanent public
management, use, and enjoyment.
``(b) Purpose.--It is the purpose of this Act to further the public
interest by authorizing, directing, facilitating, and expediting the
consummation of the Interstate 90 land exchange so as to ensure that the
offered land is expeditiously acquired for permanent public use and
enjoyment.
``SEC. 603. DEFINITIONS.
``In this Act:
``(1) Offered land.--The term `offered land' means all right,
title and interest, including the surface and subsurface interests,
in land described in section 604(a) to be conveyed into the public
ownership of the United States under this Act.
``(2) Plum creek.--The term `Plum Creek' means Plum Creek Timber
Company, L.P., a Delaware Limited Partnership, or its successors,
heirs, or assigns.
``(3) Secretary.--The term `Secretary' means the Secretary of
Agriculture.
``(4) Selected land.--The term `selected land' means all right,
title and interest, including the surface and subsurface interests,
unless Plum Creek agrees otherwise, in land described in section
604(b) to be conveyed into the private ownership of Plum Creek under
this Act.
``SEC. 604. LAND EXCHANGE.
``(a) Condition and Conveyance of Offered Land.--The exchange
directed by this Act shall be consummated if Plum Creek conveys title
acceptable to the Secretary in and to the lands described in subsection
(d), the offered lands described in paragraphs (1) and (2), or, if
necessary, the lands and interests in land as provided in subsection (c)
except title to offered lands and interests in lands described as
follows: Township 21 North, Range 12 East, Section 15, W.M., Township 21
North, Range 12 East, Section 23, W.M., Township 21 North, Range 12
East, Section 25, W.M., Township 19 North, Range 13 East, Section 7,
W.M., Township 19 North, Range 15 East, Section 31, W.M., Township 19
North, Range 14 East, Section 25, W.M., Township 22 North, Range 11
East, Section 3, W.M., and Township 22 North, Range 11 East, Section 19,
W.M. must be placed in escrow by Plum Creek, according to terms and
conditions acceptable to the Secretary and Plum Creek, for a 3-year
period beginning on the later of the date of the enactment of this Act
[Oct. 21, 1998] or consummation of the exchange. During the period the
lands are held in escrow, Plum Creek shall not undertake any activities
on these lands, except for fire suppression and road maintenance,
without the approval of the Secretary, which shall not be unreasonably
withheld.
``(1) Certain land comprising approximately 8,808 acres and
located within the exterior boundaries of the Mt. Baker-Snoqualmie
National Forest, Washington, as generally depicted on a map entitled
`Interstate 90 Land Exchange', dated October 1998; and
``(2) Certain land comprising approximately 53,576 acres and
located within or adjacent to the exterior boundaries of the
Wenatchee National Forest, Washington, as generally depicted on a
map entitled `Interstate 90 Land Exchange', dated October 1998
except the following parcels: Township 19 North, Range 15 East,
Section 29, W.M., Township 18 North, Range 15 East, Section 3, W.M.,
Township 19 North, Range 14 East, Section 9, W.M., Township 21
North, Range 14 East, Section 7, W.M., Township 22 North, Range 12
East, Section 35, W.M., Township 22 North, Range 13 East, Section 3,
W.M., Township 22 North, Range 13 East, Section 9, W.M., Township 22
North, Range 13 East, Section 11, W.M., Township 22 North, Range 13
East, Section 13, W.M., Township 22 North, Range 13 East, Section
15, W.M., Township 22 North, Range 13 East, Section 25, W.M.,
Township 22 North, Range 13 East, Section 33, W.M., Township 22
North, Range 13 East, Section 35, W.M., Township 22 North, Range 14
East, Section 7, W.M., Township 22 North, Range 14 East, Section 9,
W.M., Township 22 North, Range 14 East, Section 11, W.M., Township
22 North, Range 14 East, Section 15, W.M., Township 22 North, Range
14 East, Section 17, W.M., Township 22 North, Range 14 East, Section
21, W.M., Township 22 North, Range 14 East, Section 31, W.M.,
Township 22 North, Range 14 East, Section 27, W.M. The appraisal
approved by the Secretary of Agriculture on June 14, 1999 (the
`Appraisal') shall be adjusted by subtracting the values for the
parcels described in the preceding sentence determined during the
Appraisal process in the context of the whole estate to be conveyed.
``(b) Conveyance of Selected Land by the United States.--Upon
receipt of acceptable title to the offered land, as provided in section
604(a), and placement in escrow of acceptable title to Township 22
North, Range 11 East, Section 3, W.M., Township 22 North, Range 11 East,
Section 19, W.M., Township 21 North, Range 12 East, Section 15, W.M.,
Township 21 North, Range 12 East, Section 23, W.M., Township 21 North,
Range 12 East, Section 25, W.M., Township 19 North, Range 13 East,
Section 7, W.M., Township 19 North, Range 15 East, Section 31, W.M., and
Township 19 North, Range 14 East, Section 25, W.M., and lands and
interests described in subsection (d), the Secretary shall
simultaneously convey to Plum Creek all right, title and interest of the
United States, subject to valid existing rights, in and to the following
selected land except Township 19 North, Range 10 East, W.M., Section 4,
Township 20 North, Range 10 East, W.M., Section 32, and Township 21
North, Range 14 East, W.M., W\1/2\W\1/2\ of Section 16, Township 12
North, Range 7 East, Sections 4 and 5, W.M., Township 13 North, Range 7
East, Sections 32 and 33, W.M., Township 8 North, Range 4 East, Section
17 and the S\1/2\ of 16, W.M., which shall be retained by the United
States:
``(1) Certain land administered, as of the date of enactment of
this Act [Oct. 21, 1998], by the Secretary of Agriculture as part of
the Mt. Baker-Snoqualmie National Forest, Washington, and comprising
approximately 5,697 acres, as generally depicted on a map entitled
`Interstate 90 Land Exchange', dated October 1998.
``(2) Certain land administered, as of the date of enactment of
this Act, by the Secretary of Agriculture as part of the Wenatchee
National Forest, Washington, and comprising approximately 5,197
acres, as generally depicted on a map entitled `Interstate 90 Land
Exchange', dated October 1998.
``(3) Certain land administered, as of the date of enactment of
this Act, by the Secretary of Agriculture as part of the Gifford
Pinchot National Forest, Washington, and comprising approximately
5,601 acres, as generally depicted on a map entitled `Interstate 90
Land Exchange', dated October 1998.
``(c) Offered Land Title.--If Plum Creek conveys title acceptable to
the Secretary to less than all rights and interests in the offered
lands, but conveys title acceptable to the Secretary to all rights and
interests that Plum Creek owns and acquires under previous agreements in
the lands described in subsection (d), the offered lands, and lands on
the east and west sides of Cle Elum Lake, comprising approximately 252
acres, described as Township 21 North, Range 14 East, Section 5, and
Lost Lake lands comprising approximately 272 acres, described as
Township 21 North, Range 11 East, W\1/2\ of Section 3, the Secretary
shall convey to Plum Creek all rights and interest in the selected land
after the values of the offered and selected land are equalized. The
values of the offered and selected lands shall be equalized as provided
in section 605(c)-(e) without regard to the value of lands described in
subsection (d) or the Cle Elum or Lost Lake lands.
``(d) Land Donation.--Plum Creek agrees that it will convey, in the
form of a voluntary donation, title acceptable to the Secretary in and
to lands and interests in lands comprising approximately 320 acres,
described as Township 22 North, Range 11 East, S\1/2\ of Section 13, if
Plum Creek conveys title to lands and interests pursuant to subsections
(a) or (c). It is the intention of Congress that any portion of such
donated land which the Secretary determines qualifies as wilderness be,
upon the date of its acquisition by the United States, incorporated in
and managed as part of the adjacent Alpine Lakes Wilderness (as
designated by Public Law 94-357) in accordance with section 6(a) of the
Wilderness Act (16 U.S.C. 1135).
``SEC. 605. EXCHANGE VALUATION, APPRAISALS AND EQUALIZATION.
``(a) Equal Value Exchange.--
``(1) In general.--The values of the offered and selected land--
``(A) shall be equal; or
``(B) if the values are not equal, shall be equalized as set
forth in subsections (c)-(e).
``(2) Appraisal assumption.--In order to ensure the equitable
and uniform appraisal of both the offered and selected land directed
for exchange by this Act, all appraisals shall determine the highest
and best use of the offered and selected land in accordance with
applicable provisions of the Washington State Forest Practices Act
and rules and regulations thereunder, including alternative measures
for protecting critical habitat pursuant to a habitat conservation
plan as provided in Washington Administrative Code 222-16-080-(6).
``(3) Appraisals.--The values of the offered land and selected
land shall be determined by appraisals utilizing nationally
recognized appraisal standards, including applicable provisions of
the Uniform Appraisal Standards for Federal Land Acquisitions
(1992), the Uniform Standards of Professional Appraisal Practice,
and section 206(d) of the Federal Land Policy and Management Act of
1976, as amended (43 U.S.C. 1716(d)).
``(4) Approval by the Secretary.--The appraisals, if not already
completed by the date of enactment of this Act [Oct. 21, 1998],
shall be completed and submitted to the Secretary for approval not
later than 180 days after the date of enactment of this Act:
Provided, That all timber harvest cease no later than November 30,
1998, except for any cleanup, reforestation, or other post-harvest
work which cannot be completed by November 30, 1998. A comprehensive
summary of the appraisal consistent with 7 CFR Part 1.11 shall be
made available for public inspection in the Office of the
Supervisor, Wenatchee National Forest, not less than 30 days nor
more than 45 days prior to the exchange of deeds.
``(b) Appraisal Period.--After the final appraised values of the
offered and selected lands, or any portion of the land, have been
approved by the Secretary or otherwise determined under section 206(d)
of the Federal Land Policy and Management Act (43 U.S.C. 1716(d)), the
value shall not be reappraised or updated before consummation of the
land exchange, except to account for any timber harvest that might occur
after completion of the final appraisal, or for any adjustments under
section 606(g).
``(c) Equalization if Surplus of Offered Land.--
``(1) In general.--If the final appraised value of the offered
land or lands and interest in lands conveyed by Plum Creek under
section 604(c), except for the Cle Elum and Lost Lake lands, exceeds
the final appraised value of the selected land, Plum Creek shall
delete offered land parcels from the exchange in the exact order
each land Section (or offered portion thereof) is listed in
paragraph (2) until the values are approximately equal.
``(2) Order of deletion.--Offered land deletions under paragraph
(1) shall be made in the following order:
``(A) Township 22 North, Range 13 East, Section 31,
Willamette Meridian;
``(B) Township 21 North, Range 11 East, Section 35;
``(C) Township 19 North, Range 11 East, Section 35;
``(D) Township 19 North, Range 12 East, Section 1;
``(E) Township 20 North, Range 11 East, Sections 1 and 13;
``(F) Township 19 North, Range 12 East, Section 15;
``(G) Township 20 North, Range 11 East, Section 11;
``(H) Township 21 North, Range 11 East, Section 27;
``(I) Township 19 North, Range 13 East, Sections 27 and 15;
``(J) Township 21 North, Range 11 East, Sections 21 and 25;
``(K) Township 19 North, Range 11 East, Section 23;
``(L) Township 19 North, Range 13 East, Sections 21, 9 and
35;
``(M) Township 20 North, Range 12 East, Sections 35 and 27;
``(N) Township 19 North, Range 12 East, Section 11;
``(O) Township 21 North, Range 11 East, Section 17;
``(P) Township 21 North, Range 11 East, Section 5;
``(Q) Township 18 North, Range 15 East, Section 3;
``(R) Township 19 North, Range 14 East, Section 25;
``(S) Township 19 North, Range 15 East, Sections 29 and 31;
and
``(T) Township 19 North, Range 13 East, Section 7.
``(d) Equalization if Surplus of Selected Land.--
``(1) In general.--If the final appraised value of the selected
land exceeds the final appraised value of the offered land or lands
and interest in lands conveyed by Plum Creek under section 604(c),
except for the Cle Elum and Lost Lake lands, the Secretary shall
delete selected land parcels from the exchange in the exact order
each land Section (or selected portion thereof) is listed in
paragraph (2) until the values are approximately equal.
``(2) Order of deletion.--Selected land deletions under
paragraph 1 shall be made in the following listed order:
``(A) the portion of Township 20 North, Range 11 East,
Section 30 lying east of the thread of Sawmill Creek;
``(B) the portion of Township 19 North, Range 11 East,
Section 6 lying east of the thread of Sawmill Creek;
``(C) Township 20 North, Range 11 East, Section 32;
``(D) Township 21 North, Range 14 East, Sections 28, 22, 36,
26 and 16;
``(E) Township 18 North, Range 15 East, Sections 13, 12 and
2;
``(F) Township 18 North, Range 15 East, Section 1; and
``(G) Township 18 North, Range 15 East, Section 17,
Willamette Meridian.
``(e) Once the values of the offered and selected lands are
equalized to the maximum extent practicable under subsections (c) or
(d), any cash equalization balance due the Secretary or Plum Creek shall
be made through cash equalization payments under subsection 206(b) of
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)).
``(f) Use of Proceeds by the Secretary.--The amount of any cash
equalization payment received by the Secretary under this section shall
be retained by the Secretary and shall be used by the Secretary until
fully expended to purchase land from willing sellers in the State of
Washington for addition to the National Forest System.
``SEC. 606. MISCELLANEOUS PROVISIONS.
``(a) Status of Lands After Exchange.--
``(1) Land acquired by the secretary.--
``(A) In general.--Land acquired by the Secretary under this
Act shall become part of the Mt. Baker-Snoqualmie, Gifford
Pinchot or Wenatchee National Forests, as appropriate.
``(B) Modification of boundaries.--
``(1) If any land acquired by the Secretary lies outside
the exterior boundaries of the national forests identified
in subparagraph (A), the boundaries of the appropriate
national forest are hereby modified to include such land.
``(2) Nothing in this section shall limit the authority
of the Secretary to adjust the boundaries of such National
Forests pursuant to section 11 of the Act of March 1, 1911
(commonly known as the `Weeks Act') [16 U.S.C. 521].
``(3) For purposes of section 7 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 4601-9 [460l-9])
the boundaries of Mt. Baker-Snoqualmie, Wenatchee and
Gifford Pinchot as modified by this Act shall be considered
to be the boundaries of such forests as of January 1, 1965.
``(C) Management.--Land acquired by the Secretary under this
Act shall have the status of lands acquired under the Act of
March 1, 1911 [act Mar. 1, 1911, ch. 186, 36 Stat. 961, see
Tables for classification] and shall be managed in accordance
with the laws, rules, regulations and guidelines applicable to
the National Forest System.
``(2) Land acquired by plum creek.--Land acquired by Plum Creek
under this Act shall become private land for all purposes of law,
unless the deed by which conveyance is made to Plum Creek contains a
specific reservation.
``(b) Post-Exchange Access to Land.--
``(1) Finding.--Congress finds that Plum Creek and the Secretary
should have adequate and timely post-exchange access to lands
acquired pursuant to this Act over existing primary, secondary, or
other national forest system roads as may be needed.
``(2) Intention.--It is the intention of Congress that Plum
Creek have access to all lands it acquires under this Act, and when
such access requires construction of new roads, it shall be granted
in compliance with the National Environmental Policy Act [of 1969]
[42 U.S.C. 4321 et seq.], the Endangered Species Act [of 1973] [16
U.S.C. 1531 et seq.], the National Historic Preservation Act [16
U.S.C. 470 et seq.], and other applicable laws, rules, and
regulations.
``(3) Access within cost share agreement areas.--Within Cost
Share Construction and Use Agreement Areas, Plum Creek and the
Secretary will convey road access, at no cost, to the lands acquired
by each party upon consummation of the exchange pursuant to this Act
in accordance with the appropriate terms and procedures of said cost
share construction and use agreements.
``(4) Access outside cost share agreement areas.--Outside of
Cost Share Construction and Use Agreement Areas, the Secretary shall
grant Plum Creek road access easements at no cost in a form set out
in Forest Service Handbook 2709.12, 35. In the case of new road
construction, they shall conform to the Secretary's rules and
regulations 36 CFR 251, subpart B, for the roads identified on the
map entitled `Plum Creek Access Road Needs', dated September 1998,
including mitigation under existing law.
``(c) Access to Certain Lands Acquired by the United States.--
Outside of Cost Share Construction and Use Agreement Areas, Plum Creek
shall grant the Secretary road access easements at no cost on the
locations identified by the Secretary in a format acceptable to the
Secretary.
``(d) Timing.--The Secretary and Plum Creek shall make the
adjustments directed in section 604(a) and (b) and consummate the land
exchange within 30 days of the enactment of the Interstate 90 Land
Exchange Amendment [Nov. 29, 1999], unless the Secretary and Plum Creek
mutually agree to extend the consummation date.
``(e) Withdrawal of Selected Land.--Effective upon the date of
enactment of this Act [Oct. 21, 1998], all selected land identified for
exchange to Plum Creek under section 604(b) is hereby withdrawn from all
forms of entry and appropriation under the U.S. mining and mineral
leasing laws, including the Geothermal Steam Act of 1970 [30 U.S.C. 1001
et seq.], until such time as the exchange is consummated, or until a
particular parcel or parcels are deleted from the exchange under section
605(d).
``(f) Withdrawal of Cle Elum River Lands.--Lands acquired by the
Secretary under this Act that are located in Township 23 North, Range 14
East, and Township 22 North, Range 14 East, Willamette Meridian, shall
upon the date of their acquisition be permanently withdrawn from all
forms of entry and appropriation under the U.S. mining and mineral
leasing laws, including the Geothermal Steam Act of 1970 [30 U.S.C. 1001
et seq.].
``(g) Parcels Subject to Historic or Cultural Resource
Restrictions.--
``(1) Report to plum creek.--No later than 180 days after
enactment of this Act [Oct. 21, 1998], the Secretary shall complete
determinations and consultation under the National Historic
Preservation Act [16 U.S.C. 470 et seq.] and submit a report to Plum
Creek and other consulting parties under the National Historic
Preservation Act listing by exact aliquot part description any
parcel or parcels of selected land on which cultural properties have
been identified and for which protection, use restrictions or
mitigation requirements will be imposed. Such report shall include
an exact description of each restriction or mitigation action
required.
``(2) Plum creek response.--Within 30 days of receipt of the
Secretary's report under paragraph (1), Plum Creek shall notify the
Secretary as to: (i) those parcels it will accept subject to the
identified use restrictions or mitigation requirements; and (ii)
those parcels it will not accept because the restrictions or
mitigation requirements are deemed by Plum Creek to be an
unacceptable encumbrance on the land.
``(3) Parcel deletion.--The Secretary shall delete from the
selected land those parcels identified by Plum Creek as unacceptable
for conveyance under paragraph (2).
``(4) Appraisal adjustment.--The fair market value of any
parcels deleted under paragraph (3), or any modification in fair
market value caused by the use restrictions or mitigation
requirements on land accepted by Plum Creek, shall be based on their
contributory value to the final approved appraised value of the
selected land and subtracted from such value prior to consummation
of the exchange.
``(h) Access Limitation.--The Secretary shall not grant any road
easements that would access the offered lands listed in section 604(a)
prior to consummation of the exchange: Provided, That this provision
shall not apply should either party withdraw from the exchange.
``SEC. 607. LAND PURCHASE.
``(a) Finding.--The Congress finds that certain lands owned by Plum
Creek in the vicinity of the offered lands (but which are not included
in the land exchange under this Act, or are deleted under section
605(c)) are highly desirable for addition to the National Forest System,
and that Plum Creek has indicated its willingness to sell certain such
lands to the United States. It is the intention of Congress that such
lands be acquired by the United States, subject to the availability of
funds, by purchase at fair market value consistent with the land
acquisition procedures of the Secretary, and with the consent of Plum
Creek, in order to preserve their outstanding scenic and natural values
for the benefit of future generations.
``(b) Purchase Consultation.--In furtherance of subsection (a), the
Secretary is authorized and directed to consult with Plum Creek to
determine the precise lands Plum Creek is willing to sell.
``(c) Other Agreements.--Nothing in this Act shall be construed to
prohibit the Secretary from entering into additional agreements or
contracts with Plum Creek to purchase, exchange or otherwise acquire
lands from Plum Creek in Washington or any other state under the laws,
rules and regulations generally applicable to Federal land acquisitions.
``SEC. 608. TIETON RIVER STUDY.
``The Secretary is authorized and directed to consult with Plum
Creek concerning opportunities for the United States to acquire by
exchange or purchase Plum Creek lands along the Tieton River in Township
14 North, Range 15 East, Willamette Meridian.
``SEC. 609. FUTURE LAND EXCHANGE OPPORTUNITY.
``(a) Finding.--The Congress finds that certain lands which were
identified for exchange to the United States in the I-90 Land Exchange
process have been, or may be, deleted from the final exchange under this
Act due to value equalization or other reasons. However, some or all of
such deleted lands, or other Plum Creek lands, may possess attributes
that merit their conveyance to the United States in a follow-up land
exchange, including lands in or around the Carbon River, the Yakima
River, the Pacific Crest Trail, Watch Mountain and Goat Mountain on the
Gifford Pinchot National Forest, the Green River and the Manastash late
successional reserve.
``(b) Future Exchange.--In furtherance of subsection (a), the
Secretary is authorized and directed to consult with Plum Creek in
examining opportunities for the United States to acquire such deleted
lands, or other Plum Creek lands in the State of Washington, in a future
exchange.
``(c) Report to Congress.--Not later than 18 months after the date
of enactment of this Act [Oct. 21, 1998], the Secretary shall submit a
report to the Committee on Energy and Natural Resources of the United
States Senate and the Committee on Resources of the United States House
of Representatives briefly outlining future land exchange opportunities
with Plum Creek, including those for which the Secretary is required to
consult under section 608, which the Secretary determines merit detailed
analysis and consideration. The Secretary should identify the most
urgent acquisitions for purchase or exchange in the report.
``SEC. 610. WILDERNESS STUDY AREA.
``In furtherance of the purposes of the Wilderness Act [16 U.S.C.
1131 et seq.], if the land exchange directed by this Act is consummated,
the area of land comprising approximately 15,000 acres, as generally
depicted on a map entitled `Alpine Lakes Wilderness Study Area', dated
October 1998, shall be reviewed by the Secretary of Agriculture as to
its suitability for preservation as wilderness. The Secretary shall
submit a report and findings to the President, and the President shall
submit his recommendations to the United States House of Representatives
and United States Senate no later than three years after the first date
on which deeds are exchanged to consummate the land exchange. Subject to
valid existing rights and existing uses, such lands shall, until
Congress determines otherwise or until December 31, 2003, be
administered by the Secretary to maintain their wilderness character
existing as of the date of enactment of this Act and potential for
inclusion in the National Wilderness Preservation System, and shall be
withdrawn from all forms of entry and appropriation under the U.S.
mining and mineral leasing laws, including the Geothermal Steam Act of
1970 [30 U.S.C. 1001 et seq.].
``SEC. 611. KELLY BUTTE SPECIAL MANAGEMENT AREA.
``[Enacted this section.]
``SEC. 612. EFFECT ON COUNTY REVENUES.
``The Secretary shall consult with the appropriate Committees of
Congress, and local elected officials in the counties in the State of
Washington in which the offered lands are located, regarding options to
minimize the adverse effect on county revenues of the transfer of the
offered lands from private to Federal ownership.''
