Page:United States Statutes at Large Volume 107 Part 2.djvu/39

This page needs to be proofread.

PUBLIC LAW 103-91—OCT. 1, 1993 107 STAT. 991 (1) ACQUISITION.—Pvirsuant to an exchange agreement between the Secretary and Burlington, the Secretary may acquire mineral interests owned by Burlington or an aSiliate of Burlington underlying surface lands owned by the United States located in the areas depicted on the maps entitled "Severed Minerals Exchange, Clearwater-Monture Area", dated September 1988, and "Severed Mineral Exchanges, Gallatin Area", dated September 1988, or in fractional sections a4jacent to the areas depicted on the maps. (2) EXCHANGE.—In exchange for the mineral interests conveyed to the Secretary pursuant to paragraph (1), the Secretary of the Interior shall convey, subject to valid existing rights, such federally owned mineral interests as the Secretary and Burlington may agree upon. (c) EQUAL VALUE.— (1) IN GENERAL.—The value of the mineral interests exchanged under subsection (b) shall be approximately equal in value based upon available information. (2) APPRAISAI..—To ensure that the wilderness or other natural values of the area are not affected by the exchange, a formal appraisal based upon drilling or other surface disturbing activities shall not be required for any mineral interest proposed for exchange, except that the Secretary and Burlington shall fully share all available information on the quality and quantity of mineral interests proposed for exchange. (3) iNADEQUAirE INFORMATION. —In the absence of adequate information regarding values of minerals proposed for exchange, the Secretary and Burlington may agree to an exchange on the basis of mineral interests of similar development potential, geologic character, and similar factors. (d) IDENTIFICATION OF FEDERALLY OWNED MINERAL INTERESTS. — (1) IN GENERAL. —Subject to paragraph (2), mineral interests conveyed by the United States pursuant to this section shall underlie lands the surface of which are owned by Burlington. (2) OTHER INTERESTS. —If there are not sufficient federally owned mineral interests of approximately equal value underly- ing lands owned by Burling^n, the Secretary and the Secretary of the Interior may identify for exchange other federally owned mineral interests in lands in the State of Montana of which the surface estate is in private ownership. (e) CONSULTATION WITH THE DEPARTMENT OF THE INTERIOR. — (1) IN GENERAL.—The Secretary shall consult with the Secretary of the Interior in the negotiation of the exchange agreement authorized by subsection (b), particularly with respect to the inclusion in the agreement of a provision authorizing the exchange of federally owned mineral interests lying outside the boundaries of units of the National Forest System. (2) CONVEYANCE.—Notwithstanding any otner law, the Secretary of the Interior shall convey the federally owned mineral interests identified in a final exchange agreement between the Secretary of Agriculture and Burlington and affiliates of Burlington. (f) MINERAL INTEREST DEFINED.— For purposes of this section, the term "mineral interests" includes all locatable and leasable