Page:United States Statutes at Large Volume 112 Part 3.djvu/544

This page needs to be proofread.

112 STAT. 2374 PUBLIC LAW 105-267—OCT. 19, 1998 (1) the Secretary, under the authority of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), shall convey to BSL such easements in or other rights-of- way over National Forest System land for access to the land acquired by BSL under this Act for all lawful purposes; and (2) BSL shall convey to the United States such easements in or other rights-of-way over land owned by BSL for all lawful purposes, as may be agreed to by the Secretary and BSL. (e) QUALITY OF TITLE. — (1) DETERMlNATlON.The Secretary shall review the title for the BSL land described in subsection (a) and, within 45 days after receipt of all applicable title documents from BSL, determine whether— (A) the applicable title standards for Federal land acquisition have been satisfied and the quality of the title is otherwise acceptable to the Secretary of Agriculture; (B) all draft conveyances and closing documents have been received and approved; (C) a current title commitment verifying compliance with applicable title standards has been issued to the Secretary; and (D) the title includes both the surface and subsurface estates without reservation or exception (except as specifically provided in this Act), including— (i) minerals, mineral rights, and mineral interests (including severed oil and gas surface rights), subject to and excepting other outstanding or reserved oil and gas rights; (ii) timber, timber rights, and timber interests (except those reserved subject to section 251.14 of title 36, Code of Federal Regulations, by BSL and agreed to by the Secretary); (iii) water, water rights, ditch, and ditch rights; (iv) geothermal rights; and (v) any other interest in the property. (2) CONVEYANCE OF TITLE.— (A) IN GENERAL.— If the quality of title does not meet Federal standards or is otherwise determined to be unacceptable to the Secretary of Agriculture, the Secretary shall advise BSL regarding corrective actions necessary to make an affirmative determination under paragraph (1). (B) TITLE TO SUBSURFACE ESTATE. —Title to the subsurface estate shall be conveyed by BSL to the Secretary in the same form and content as that estate is received by BSL from Burlington Resources Oil & Gas Company Inc. and Glacier Park Compsmy. (f) TIMING OF IMPLEMENTATION.— Deadlines. (1) LAND-FOR-LAND EXCHANGE.— The Secretary shall accept the conveyance of land described in subsection (a) not later than 45 days after the Secretary has made an affirmative determination of quality of title. (2) LAND-FOR-TIMBER SALE RECEIPT EXCHANGE.— As provided in subsection (c) and the Option Agreement, the Secretary shall make timber receipts described in subsection (a)(3) available not later than December 31 of the fifth full calendar year that begins after the date of the enactment of this Act.