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Wilderness Special Provisions Search Results

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You searched: 96-476

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Law Title Citation Agency State Category
96-476 Rattlesnake National Recreation Area and Wilderness Act of 1980 Sec. 4. LAND ACQUISITION AND EXCHANGE, (a) Forest Service Montana
  • General Admininstration
  • Acquisition/Exchange
Wilderness(es): Rattlesnake Wilderness
Text: (a) 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 Act 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.
96-476 Rattlesnake National Recreation Area and Wilderness Act of 1980 Sec. 4(b)(1-5) Forest Service Montana
  • General Admininstration
  • Acquisition/Exchange
  • Inholdings
  • Commercial Use
  • Mining
  • Permits/Licenses/Leases
Wilderness(es): Rattlesnake Wilderness
Text: (b)(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 2 and 3 of this Act, 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 Act and other laws applicable to the management of national forest lands. Nothing in this Act shall be construed to limit or diminish any existing authority fof 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 Act 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 Act, 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 FR 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 Act have not been exercised within three years from the date of enactment of this Act, 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 leas(s) it may then hold. (4) It is the intent of Congress that the exchange of bidding rights for the private lands or interests therein authorized by this Act shall occur within three years of the date of enactment of this Act. (5) In order to facilitate the exchange authorized by this Act, 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.
96-476 Rattlesnake National Recreation Area and Wilderness Act of 1980 Sec. 4(c-d(1)) Forest Service Montana
  • General Admininstration
  • Acquisition/Exchange
Wilderness(es): Rattlesnake Wilderness
Text: (c) 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 Unites 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 the date of enactment of this Act. (d)(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 the date of the enactment of this Act.
96-476 Rattlesnake National Recreation Area and Wilderness Act of 1980 Sec. 4(d)(2) Forest Service Montana
  • Water
  • Water Facilities
  • Water Rights/Laws
  • Public Use/Facilities
  • Structures/Roads
  • Access
  • Motorized Access
Wilderness(es): Rattlesnake Wilderness
Text: (2) Nothing in this Act shall be construed to permit the Secretary to affect or diminish any water right which is vested under either State or Federal law at the time of enactment of this Act, 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.
 
 



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