
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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).
