16 U.S.C. § 539k — Kelly Butte Special Management Area

Page 976 TITLE 16—CONSERVATION § 539k from all forms of entry, appropriation, or dis- posal under the public land laws, from location, entry, and patent under the mining laws, and from disposition under the mineral and geo- thermal leasing laws, including all amendments thereto. (d) Development No developed campgrounds shall be con- structed within the protection area. After Au- gust 13, 1993, no new roads or trails may be con- structed within the protection area. (e) Timber harvesting No timber harvesting shall be allowed within the protection area except to the extent that would be permitted in wilderness under section 1133(d)(1) of this title for necessary control of fire, insects, and diseases, and for public safety. (f) Motorized travel Motorized travel shall be permitted within the protection area only on those designated trails and routes existing as of July 1, 1991, and only during periods of adequate snow cover. At all other times, mechanized, non-motorized travel shall be permitted within the protection area. (g) Management plan During the revision of the Land and Resource Management Plan for the Arapaho National Forest, the Forest Service shall develop a man- agement plan for the protection area, after pro- viding for public comment. (Pub. L. 103–77, § 6, Aug. 13, 1993, 107 Stat. 761.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a), is Pub. L. 103–77, Aug. 13, 1993, 107 Stat. 756, known as the Colorado Wil- derness Act of 1993. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 539i of this title and Tables. Statutory Notes and Related Subsidiaries ARAPAHO NATIONAL FOREST BOUNDARY ADJUSTMENT Pub. L. 116–9, title I, § 1002, Mar. 12, 2019, 133 Stat. 587, provided that: ‘‘(a) IN GENERAL.—The boundary of the Arapaho Na- tional Forest in the State of Colorado is adjusted to in- corporate the approximately 92.95 acres of land gen- erally depicted as ‘The Wedge’ on the map entitled ‘Arapaho National Forest Boundary Adjustment’ and dated November 6, 2013, and described as lots three, four, eight, and nine of section 13, Township 4 North, Range 76 West, Sixth Principal Meridian, Colorado. A lot described in this subsection may be included in the boundary adjustment only after the Secretary of Agri- culture obtains written permission for such action from the lot owner or owners. ‘‘(b) BOWEN GULCH PROTECTION AREA.—The Secretary of Agriculture shall include all Federal land within the boundary described in subsection (a) in the Bowen Gulch Protection Area established under section 6 of the Colorado Wilderness Act of 1993 (16 U.S.C. 539j). ‘‘(c) LAND AND WATER CONSERVATION FUND.—For pur- poses of section 200306(a)(2)(B)(i) of title 54, United States Code, the boundaries of the Arapaho National Forest, as modified under subsection (a), shall be con- sidered to be the boundaries of the Arapaho National Forest as in existence on January 1, 1965. ‘‘(d) PUBLIC MOTORIZED USE.—Nothing in this section opens privately owned lands within the boundary de- scribed in subsection (a) to public motorized use. ‘‘(e) ACCESS TO NON-FEDERAL LANDS.—Notwith- standing the provisions of section 6(f) of the Colorado Wilderness Act of 1993 (16 U.S.C. 539j(f)) regarding mo- torized travel, the owners of any non-Federal lands within the boundary described in subsection (a) who historically have accessed their lands through lands now or hereafter owned by the United States within the boundary described in subsection (a) shall have the con- tinued right of motorized access to their lands across the existing roadway.’’ DEFINITIONS Pub. L. 103–77, § 1(b), Aug. 13, 1993, 107 Stat. 756, pro- vided that: ‘‘(1) As used in this Act [see Short Title note set out under section 539i of this title] with reference to lands in the National Forest System, the term ‘the Sec- retary’ means the Secretary of Agriculture. ‘‘(2) As used in this Act with respect to lands not in the National Forest System, the term ‘the Secretary’ means the Secretary of the Interior.’’ § 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, com- prising 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 accord- ance with the laws, rules and regulations gen- erally 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 con- struction 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 (in- cluding 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, in- cluding 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 Page 977 TITLE 16—CONSERVATION § 539k heard from within the Kelly Butte Special Man- agement Area shall not, of itself, preclude such activities or uses up to the boundary of the Area. (Pub. L. 105–277, div. A, § 101(e) [title VI, § 611], Oct. 21, 1998, 112 Stat. 2681–231, 2681–334.) Editorial Notes REFERENCES IN TEXT The Geothermal Steam Act of 1970, referred to in sub- sec. (b)(4), is Pub. L. 91–581, Dec. 24, 1970, 84 Stat. 1566, which is classified principally to chapter 23 (§ 1001 et seq.) of Title 30, Mineral Lands and Mining. For com- plete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 30 and Ta- bles. Statutory Notes and Related Subsidiaries INTERSTATE 90 LAND EXCHANGE Pub. L. 106–113, div. B, § 1000(a)(3) [title III, § 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, § 604(b)] of Pub. L. 105–277, set out below] is further amended by in- serting the following before the colon: ‘except Town- ship 19 North, Range 10 East, W.M., Section 4, Township 20 North, Range 10 East, W.M., Section 32, and Town- ship 21 North, Range 14 East, W.M., W1⁄2W1⁄2 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 S1⁄2 of 16, W.M., which shall be retained by the United States’. The Appraisal shall be adjusted by sub- tracting 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., Town- ship 8 North, Range 4 East, Section 17 and the S1⁄2 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 ap- praised 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 ex- changed, such cash to come from currently appro- priated 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 con- veyed, through the following, including any combina- tion thereof: ‘‘(A) conveyance of any other lands under the ju- risdiction 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 sub- section, 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 ac- ceptable to equalize values under paragraph (A) of this subsection and shall, not later than July 1, 2000, pro- vide 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 es- crow based on the values determined during the Ap- praisal process in the context of the whole estate to be conveyed. Deeds shall be released for lands and inter- ests 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, § 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 Amend- ment [Nov. 29, 1999].’’ Pub. L. 105–277, div. A, § 101(e) [title VI], Oct. 21, 1998, 112 Stat. 2681–231, 2681–326, as amended by Pub. L. 106–113, div. B, § 1000(a)(3) [title III, § 346(b)–(e), (h), (j)], Nov. 29, 1999, 113 Stat. 1535, 1501A–204 to 1501A–206; Pub. L. 113–287, § 5(d)(14), Dec. 19, 2014, 128 Stat. 3265, provided that: ‘‘SEC. 601. SHORT TITLE. ‘‘This Act [probably should be ‘‘this title’’ meaning Pub. L. 105–277, div. A, § 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 cen- tral and southwest Washington are intermingled with National Forest System land owned by the United States and administered by the Secretary of Agri- culture as parts of the Mt. Baker-Snoqualmie Na- tional Forest, Wenatchee National Forest, and Gif- ford Pinchot National Forest; ‘‘(2) the private land surface estate and some sub- surface is owned by the Plum Creek Timber Com- pany, L.P. in an intermingled checkerboard pattern, with the United States or Plum Creek owning alter- nate 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 manage- ment on both private and National Forest lands by complicating fish and wildlife habitat management, watershed protection, recreation use, road construc- tion 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 par- cels of land that have been offered by Plum Creek for addition to the Mt. Baker-Snoqualmie National For- est and Wenatchee National Forest will serve impor- tant 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 approxi- mately 28,500 acres of habitat for the northern spot- ted owl; Page 978 TITLE 16—CONSERVATION § 539k ‘‘(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 Na- tional Forest System land that are logical for con- solidation 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 environ- mentally sensitive areas than the Plum Creek of- fered land; and ‘‘(ii) have lower public recreation and other pub- lic 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 ac- quired; 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, facili- tating, and expediting the consummation of the Inter- state 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 Lim- ited 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 sur- face 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 con- summated if Plum Creek conveys title acceptable to the Secretary in and to the lands described in sub- section (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: Town- ship 21 North, Range 12 East, Section 15, W.M., Town- ship 21 North, Range 12 East, Section 23, W.M., Town- ship 21 North, Range 12 East, Section 25, W.M., Town- ship 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 con- ditions 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 consumma- tion of the exchange. During the period the lands are held in escrow, Plum Creek shall not undertake any ac- tivities on these lands, except for fire suppression and road maintenance, without the approval of the Sec- retary, 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, Wash- ington, 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, Wash- ington, as generally depicted on a map entitled ‘Interstate 90 Land Exchange’, dated October 1998 ex- cept 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 ‘Ap- praisal’) shall be adjusted by subtracting the values for the parcels described in the preceding sentence determined during the Appraisal process in the con- text 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 es- crow 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 de- scribed in subsection (d), the Secretary shall simulta- neously convey to Plum Creek all right, title and inter- est 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., W1⁄2W1⁄2 of Section 16, Township 12 North, Range 7 East, Sections 4 and 5, W.M., Township 13 North, Range 7 East, Sec- tions 32 and 33, W.M., Township 8 North, Range 4 East, Section 17 and the S1⁄2 of 16, W.M., which shall be re- tained by the United States: ‘‘(1) Certain land administered, as of the date of en- actment of this Act [Oct. 21, 1998], by the Secretary of Agriculture as part of the Mt. Baker-Snoqualmie National Forest, Washington, and comprising ap- proximately 5,697 acres, as generally depicted on a map entitled ‘Interstate 90 Land Exchange’, dated Oc- tober 1998. Page 979 TITLE 16—CONSERVATION § 539k ‘‘(2) Certain land administered, as of the date of en- actment of this Act, by the Secretary of Agriculture as part of the Wenatchee National Forest, Wash- ington, 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 en- actment of this Act, by the Secretary of Agriculture as part of the Gifford Pinchot National Forest, Wash- ington, 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 ac- ceptable 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, W1⁄2 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 equal- ized. 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 ac- ceptable to the Secretary in and to lands and interests in lands comprising approximately 320 acres, described as Township 22 North, Range 11 East, S1⁄2 of Section 13, if Plum Creek conveys title to lands and interests pur- suant 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 se- lected 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 there- under, 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 Ap- praisal Standards for Federal Land Acquisitions (1992), the Uniform Standards of Professional Ap- praisal 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 sub- mitted to the Secretary for approval not later than 180 days after the date of enactment of this Act: Pro- vided, That all timber harvest cease no later than No- vember 30, 1998, except for any cleanup, reforestation, or other post-harvest work which cannot be com- pleted by November 30, 1998. A comprehensive sum- mary 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 Fed- eral 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 adjust- ments 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 ap- praised 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 approxi- mately equal. ‘‘(2) ORDER OF DELETION.—Selected land deletions under paragraph 1 shall be made in the following list- ed order: ‘‘(A) the portion of Township 20 North, Range 11 East, Section 30 lying east of the thread of Sawmill Creek; Page 980 TITLE 16—CONSERVATION § 539k ‘‘(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 Sec- retary 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 bound- aries of the appropriate national forest are hereby modified to include such land. ‘‘(2) Nothing in this section shall limit the au- thority 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 100506 of title 54, United States Code, 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 Sec- retary 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 classifica- tion] 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 spe- cific 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 na- tional 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.], division A of subtitle III of title 54, United States Code, 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, in- cluding 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 loca- tions 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 consumma- tion date. ‘‘(e) WITHDRAWAL OF SELECTED LAND.—Effective upon the date of enactment of this Act [Oct. 21, 1998], all se- lected 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 lo- cated in Township 23 North, Range 14 East, and Town- ship 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, includ- ing the Geothermal Steam Act of 1970 [30 U.S.C. 1001 et seq.]. ‘‘(g) PARCELS SUBJECT TO HISTORIC OR CULTURAL RE- SOURCE RESTRICTIONS.— ‘‘(1) REPORT TO PLUM CREEK.—No later than 180 days after enactment of this Act [Oct. 21, 1998], the Sec- retary shall complete determinations and consulta- tion under division A of subtitle III of title 54, United States Code, and submit a report to Plum Creek and other consulting parties under division A of subtitle III of title 54, United States Code, listing by exact ali- quot part description any parcel or parcels of selected land on which cultural properties have been identi- fied 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 re- ceipt 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 re- strictions 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 con- Page 981 TITLE 16—CONSERVATION § 539l tributory 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 willing- ness 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 ben- efit of future generations. ‘‘(b) PURCHASE CONSULTATION.—In furtherance of sub- section (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 applica- ble 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 OPPOR- TUNITY. ‘‘(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, includ- ing 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 fu- ture 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 [now Com- mittee on Natural 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 Sec- retary 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 sub- mit 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 De- cember 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 inclu- sion in the National Wilderness Preservation System, and shall be withdrawn from all forms of entry and ap- propriation 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 mini- mize the adverse effect on county revenues of the transfer of the offered lands from private to Federal ownership.’’ [Pub. L. 113–287, § 5(d)(14)(A), Dec. 19, 2014, 128 Stat. 3265, which directed substitution of ‘‘section 100506 of title 54, United States Code,’’ for ‘‘section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–9)’’ in subsec. (a)(3) of section 606 of the Interstate 90 Land Exchange Act of 1998 (Pub. L. 105–277, div. A, § 101(e), title VI), was executed by making the substi- tution for ‘‘section 7 of the Land and Water Conserva- tion Fund Act of 1965 (16 U.S.C. 4601–9)’’ in subsec. (a)(1)(B)(3) of that section, set out above, to reflect the probable intent of Congress.] [Pub. L. 113–287, § 5(d)(14)(C), Dec. 19, 2014, 128 Stat. 3265, which directed substitution of ‘‘division A of sub- title III of title 54, United States Code,’’ for ‘‘the Na- tional Historic Preservation Act’’ in subsec. (g)(1) of section 606 of the Interstate 90 Land Exchange Act of 1998 (Pub. L. 105–277, div. A, § 101(e), title VI), set out above, was executed by making the substitution in two places in subsec. (g)(1), to reflect the probable intent of Congress.] § 539l. Designation of James Peak Protection Area, Colorado (a) Findings and purpose (1) Findings The Congress finds the following: (A) The lands covered by this section in- clude important resources and values, in- cluding wildlife habitat, clean water, open space, and opportunities for solitude. (B) These lands also include areas that are suitable for recreational uses, including use of snowmobiles in times of adequate snow cover as well as use of other motorized and nonmotorized mechanical devices. (C) These lands should be managed in a way that affords permanent protection to their resources and values while permitting continued recreational uses in appropriate locales and subject to appropriate regula- tions. (2) Purpose The purpose of this section is to provide for management of certain lands in the Arapaho/