PUBLIC LAW 105-83 NOV. 14, 1997 111 STAT. 1617
180 days after the enactment of this Act, the Secretary of the Interior shall convey to the State of Montana, without consideration, all right, title, and interest of the United States in and to-
(1) $10,000,000 in Federal mineral rights in the State of Montana agreed to by the Secretary of the Interior and the Governor of Montana through negotiations in accordance with subsection (b); or
(2) all Federal mineral rights in the tracts in Montana depicted as Otter Creek number 1, 2, and 3 on the map entitled
"Ashland Map".
(b) NEGOTIATIONS. ~he Secretary of the Interior shall promptly enter into negotiations with the Governor of Montana for purposes of subsection (a)(1) to detern1ine and agree to mineral rights owned by the United States having a fair market value of $10,000,000.
(c) FEDERAL LAW NOT APPLICABLE TO CONVEYANCE. Any conveyance under subsection (a) shall not be subject to the Mineral Leasing Act (30 U.S.C. 181 et seq.). ,
(d) AVAILABILITY OF MAP. The Secretary of the Interior shall keep the map referred to in subsection (a)(2) on file and available for public inspection in appropriate offices of the Department of the Interior located in the District of Columbia and Billings, Mon- tana, until January 1, 2001.
(e) CONVEYANCE DEPENDENT UPON ACQUISITION. No convey- ance pursuant to subsection (a) shall take place unless the acquisi- tion authorized in section 502(a) is executed.
SEC. 504. The acquisitions authorized by sections 501 and 502 of this title may not occur prior to the earlier of: (1) 180 days after enactment of this Act; or (2) enactment of separate authorizing legislation that modifies section 501, 502, or 503 of this title. Within
120 days of enactment, the Secretary of the Interior and the Sec- retary of Agriculture, respectively, shall submit to the Committee on Resources of the House of Representatives, the Senate Commit- tee on Energy and Natural Resources and the House and Senate Committees on Appropriations, reports detailing the status of efforts to meet the conditions set forth in this title imposed on the acquisi- tion of the interests to protect and preserve the Headwaters Forest and the acquisition of interests to protect and preserve Yellowstone National Park. For every day beyond 120 days after the enactment of this Act that the appraisals required in subsections 501(b)(5) and 502(b)(2) are not provided to the Committee on Resources of the House, the Committee on Energy and Natural Resources of the Senate and the House and Senate Committees on Appropria-
tions in accordance with such subsections, the 180-day period ref- erenced in this section shall be extended by one day.
SEc. 505. The Land and Water Conservation Fund Act of 1965 (Public Law 88-578· 78 Stat. 897) (16 U.S.C. 4601-4 through 11) is amended by mo~ing section 13 (as added by section 1021(b) of the Omnibus Parks and Public Lands Management Act of 1996; 110 Stat. 4210) so as to appear in title I of that Act following section 12.
TITLE VI FOREST RESOURCES CONSERVATION AND
•
111 S. TAT _ 1618 PUBLIC LAW 105-83 NOV. 14, 1997
SEC. 602. (a) USE OF UNPROCESSED TIMBER-LIMITATION O~N
SUBSTITUTIO OF UNPROCESSED FEDERAL TIMBER FOR UNPROCESSED TIMBER FROM PRIVATE LAND.-Section 490 of the Forest Resources Conservat· on and ~Shortage Relief Act of 1990 (16. U.S.C. 620b) is amended-
(!) in subsection (a)-
(A) in paragraph (1), by inserting "paragraph (3) and"
after ''·provided in"; and
(B) by adding at the end the following:
"(3) APPLICAB LITY In the case of the purchase by a person of nprocessed timber originating from Federal lands west of
he 119th mendian rn the State of Washington, paragraph ( 1) shall apply only if-
"(A) the private lands referred to in paragraph (1)
are owned by the person; o - -
"(B) the pe son has the exclus·ve right to harvest tim- ber from the private lands described In paragraph (1) dur- i g a period of more than '7 years .and may exerci e that r·ght at any time of the person's choosing.";
(2) in subsection (c)-
·0 ' '
(A) in the subsection heading, by striking "AP · ROVAL
(B) 1n pa agraph (2)-
(i) 1 . the paragraph head g, by 1n ·erting " ·oR
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PUBLIC LAW 105-83 NOV. 14, 1997 111 STAT. 1619
similarity of such Federal timber sourcing patterns. Private timber sourcing patterns shall not be a factor in such determinations in States other than Idaho.
"(D) AREA NOT INCLUDED. In deciding whether to approve or disapprove an application, the Secretary shall not-
"(i) consider land located in the northwestern pri- vate timber open market area; or
"(ii) condition approval of the application on the inclusion of any such land in the applicant's sourcing area, such land being includable in the sourcing area only to the extent requested by the applicant.";
(D) in paragraph (4), in the paragraph heading, by inserting "FOR SOURCING AREAS FOR PROCESSING FACILITIES LOCATED OUTSIDE THE NORTHWESTERN PRIVATE TIMBER OPEN MARKET AREA"; after "APPLICATION";
(E) in paragraph (5), in the paragraph heading, by inserting "FOR SOURCING AREAS FOR PROCESSING FACILITIES LOCATED OUTSIDE THE NORTHWESTERN PRIVATE TIMBER OPEN MARKET AREA"; after "DETERMINATIONS"; and
(F ) by adding at the end the following:
"(6) SOURCING AREAS FOR PROCESSING FACILITIES LOCATED
IN THE NORTHWESTERN PRIVATE TIMBER OPEN MARKET AREA.-
"(A) ESTABLISHMENT. In the northwestern private
timber open market area-
"(i) a sourcing area boundary shall be a circle around the processing facility of the sourcing area applicant or holder;
"(ii) the radius of the circl..-e -
"(I) shall be the furthest distance that the
sourcing area applicant or holder proposes to haul Federal timber for processing at the processing facility; and
"(II) shall be determined solely by the sourcing
area applicant or holder;
"(iii) a sourcing area shall become effective on writ- Effective date.
ten notice to the Regional Forester for Region 6 of Notice.
the Forest Service of the location of the boundary of the sourcing area;
"(iv) the 24-month requirement in paragraph ( l )(A )
shall not apply;
"(v) a sourcing area holder-
"(!) may adjust the radius of the sourcing area
not more frequently than once every 24 months;
and
"(II) shall provide written notice to the Notice.
Regional Forester for Region 6 of the adjusted boundary of its sourcing area before using the adjusted sourcing area; and . .
"(vi) a sourcing area holder that relinquishes a
sourcing area may not reestablish a sourcing ar~a for that processing facility before the date that IS 24 months after the date on which the sourcing area
was relinquished. .
"(B) TRANSITION. With respect to a port1on of a sourcing area established before the date of enactment