
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: 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    permanently withdrawn from all forms of entry and appropriation 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.''
