Page:United States Statutes at Large Volume 112 Part 3.djvu/543

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PUBLIC LAW 105-267—OCT. 19, 1998 112 STAT. 2373 (C) the Secretary shall acquire the 4 Taylor Fork sections identified in the Option Agreement remaining in escrow, and any of the 6 sections referred to in subparagraph (B) for which funds are not available, by providing BSL with timber sale receipts from timber sales on the Gallatin National Forest and other eastside national forests in the State of Montana in accordance with subsection (c); and (3)(A) as funds or timber sale receipts are received by BSI^ (i) the deeds to an equivalent value of BSL Taylor Fork land held in escrow shall be released and conveyed to the Secretary; and (ii) the escrow of deeds to an equivalent value of Federal land shall be released to the Secretary in accordance with the terms of the Option Agreement; or (B) if funds or timber sale receipts are not provided to BSL as provided in the Option Agreement, BSL shall be entitled to receive patents and deeds to an equivalent value of the Federal land held in escrow. (b) VALUATION. — (1) IN GENERAL.— The property and other assets exchanged or conveyed by BSL and the United States under subsection (a) shall be approximately equal in value, as determined by the Secretary. (2) DIFFERENCE IN VALUE.—To the extent that the property and other assets exchanged or conveyed by BSL or the United States under subsection (a) are not approximately equal in value, as determined by the Secretary, the values shall be equalized in accordance with methods identified in the Option Agreement. (c) TIMBER SALE PROGRAM.— (1) IN GENERAL. — The Secretary shall implement a timber sale program, according to the terms and conditions identified in the Option Agreement and subject to compliance with applicable environmental laws (including regulations), judicial decisions, memoranda of understanding, small business setaside rules, and acts beyond the control of the Secretary, to generate sufficient timber receipts to purchase the portions of the BSL land in Taylor Fork identified in the Option Agreement. (2) IMPLEMENTATION. — In implementing the timber sale program— (A) the Secretary shall provide BSL with a proposed annual schedule of timber sales; (B) as set forth in the Option Agreement, receipts generated from the timber sale program shall be deposited by the Secretary in a special account established by the Secretary and paid by the Secretary to BSL; (C) receipts from the Gallatin National Forest shall not be subject to the Act of May 23, 1908 (16 U.S.C. 500); and ' ^^ (D) the Secretary shall fund the timber sale program ' at levels determined by the Secretary to be commensurate with the preparation and administration of the identified timber sale program. (d) RIGHTS-OF-WAY. —As specified in the Option Agreement—