Sitemap
|
I. A copy of the Montana Fish & Wildlife Conservation Trust Agreement. II. A copy of the federal statutory provisions relating to the Montana Fish & Wildlife Conservation Trust. III. A copy of the federal statutory provisions authorizing the sale of the cabin sites at Canyon Ferry Reservoir, Montana. IV. A copy of the federal statutory provisions authorizing the sale of the cabin sites at Fort Peck Lake, Montana. Introduction: BKBH Attorneys have been involved with the Montana Fish & Wildlife Conservation Trust for nearly ten years -- well before the trust’s inception in 2002. Our firm is currently serving as legal counsel to the Trust Manager on various administrative aspects of the Trust, including legal restrictions associated with a distribution plan for the Trust. This section of the BKBH webiste was prepared to provide an introduction to the basic elements of the Montana Fish & Wildlife Conservation Trust, as well as verbatim copies of many of the legal documents and statutes that govern the Montana Fish & Wildlife Conservation Trust. BKBH's connection with the Trust started with its representation of a cabin owners association, known as the “Canyon Ferry Recreation Association” [or CFRA, for short]. CFRA represented the 265 people and organizations that owned cabins on leased land at Canyon Ferry Reservoir. CFRA's members wanted to own the leased land on which their cabins were sited. BKBH attorneys devised the concept of converting the value of the leased land into a public land trust that would provide mutual benefits to all parties while providing a permanent public land trust that would provide continuing benefits to everyone. Subsequently, BKBH attorneys represented a second cabin owner association [Fort Peck Lake Association] that was also successful in its pursuit of federal legislation authorizing the sale of federally owned cabin sites at Fort Peck Lake in Northeastern Montana. The sales proceeds from the Fort Peck Lake cabin sites, just as is the case with Canyon Ferry cabin sites, are required to be deposited into the Montana Fish & Wildlife Conservation Trust. The Fort Peck Cabin site sales are not expected to begin until 2004 at the ealiest. Also, unlike the Canyon Ferry sales funds, which are required to be part of a permanent endowment, the Fort Peck sales funds that are deposited into the Montana Fish & Wildlife Conservation Trust are not part of a permanent endowment and are available for immediate use to acquire lands within or adjacent to the Charles M. Russell National Wildlife Refuge. Background for The Montana Fish & Wildlife Conservation Trust: The Montana Fish & Wildlife Conservation Trust was authorized by federal statute in 1998 as a part of a larger law that also authorized the sale of 265 federally owned cabin sites at Canyon Ferry Reservoir in Montana. This was a totally unique development in that it called for the creation of a public land trust that is funded by the sale of land previously owned by the U.S. Government. The actual establishment of the Montana Fish & Wildlife Conservation Trust occurred in 2002, when the Secretary of the Interior formally executed the Trust document and named the Montana Fish Wildlife and Parks Foundation as Trust Manager. Funding of the Montana Fish & Wildlife Conservation Trust began in the summer of 2002 when the lessees of federally owned cabin sites at Canyon Ferry Reservoir began to purchase their individual cabin sites. By the end of 2003, the Montana Fish & Wildlife Conservation Trust contained approximately $14 million. These funds form a permanent public land trust endowment. Purpose of the Montana Fish & Wildlife Conservation Trust: The purpose of the Trust’s endowment is to provide a permanent source of funding for the acquisition of “publicly accessible land and interests in land, including easements and conservation easements, in the State of Montana from willing sellers at fair market value”. The land to be acquired with the help of grants from the Trust is to be used for one or more of the following four purposes: First, “to restore and conserve fisheries habitat, including riparian habitat” Second, “to restore and conserve wildlife habitat” Third, “to enhance public hunting, fishing, and recreational opportunities; and Fourth, “to improve public access to public land.” Initial grants from the earnings of the Montana Fish & Wildlife Conservation Trust are expected to be distributed beginning in 2004. The process for selecting these grants is the responsibility of two boards that were created by the same statute that authorized the Trust. The first board is called the “Joint State-Federal Agency Board” [Joint Board]. The Joint Board has five members who are government employees working in Montana. These five members are from the following government agencies: The U.S. Forest Service, the U.S. Bureau of Land Management, the U.S. Bureau of Reclamation; the U.S. Fish and Wildlife, and the Montana Department of Fish, Wildlife and Parks. The second board is called the “Citizens Advisory Board” [Citizens’ Board]. It is composed of four members who represent the following types of Montana organizations: Agricultural landowners; hunters; fisherman; and a nonprofit land trust or environmental organization. The Citizens’ Board is required to prepare and periodically update a “Trust Plan” including recommendations for requests for disbursement by the Joint Board. The Trust plan is required to maximize the effectiveness of Montana Fish and Wildlife Conservation Trust expenditures considering the following four factors: First, public needs and requests; Second, the availability of property; Third, alternative sources of funding; and Fourth, the availability of matching funds. The two boards are required to follow the following procedures before granting funds from the Montana Fish & Wildlife Conservation Trust. After consulting with the Citizens Board, the Joint Board, by a vote of a majority of its members, may submit to the Trust Manager a request for disbursement if the Board determines that the request meets the purpose of the Trust. Before making any grants from the Trust, the Joint Board is required to notify members of the public, including local governments, and to provide opportunity for public comment. The balance of this portion of the BKBH website presents the following four legal documents and statutes relating to the Montana Fish & Wildlife Conservation Trust. I. THE MONTANA FISH & WILDLIFE CONSERVATION TRUST AGREEMENT , made this 5th day of June, 2002 between the United States of America, Department of Interior as "Trustor" and Montana Fish, Wildlife, and Parks Foundation as "Trustee". WITNESSETH WHEREAS, Trust desires to establish a charitable trust hereafter referred to as the "Montana Fish and Wildlife Conservation Trust" pursuant to Title X, P.L. 105-277, October 22, 1998, as amended (Canyon Ferry Reservoir, Montana, Act) a copy of which is incorporated into this Agreement and attached as Exhibit A and the Water Resources Development Act of 2000, Pub. L. No. 106-541 §§ 801-810 (Title VIII - Charles M. Russell National Wildlife Enhancement Act) which is incorporated into this Agreement and attached as Exhibit B. WHEREAS, Trustee agrees to serve as Trustee of the Trust established in this agreement and perform the duties of Trust Manager as defined in Section 1007 of the Canyon Ferry Reservoir, Montana, Act and described herein. NOW THEREFORE, in consideration of the mutual covenants herein contained, IT IS AGREED, by and between the parties hereto as follows, to whit: I. DECLARATIONS 1.1 Status of Trustor. Trustor is the United States of America acting by and through the Secretary, Department of Interior. 1.2 Purpose of Trust. Trustor further declares to Trustee that the purpose of the Trust for the Canyon Ferry Reservoir, MT Act of 1998 shall be to provide a permanent source of funding to acquire publicly accessible land and interests in land, including easements and conservation easements, in the State of Montana from willing sellers at fair market value to– (1) restore and conserve fisheries habitat, including riparian habitat; (2) restore and conserve wildlife habitat; (3) enhance public hunting, fishing, and recreational opportunities; and (4) improve public access to public land. Furthermore, the purpose of the Trust for Title VIII of the Water Resources Development Act of 2000 is to provide funding to acquire land with greater wildlife and other public value for the Charles M. Russell National Wildlife Refuge in the state of Montana from willing sellers at fair market value. II. TRUST ESTATE 2.1 Trust Property. The Trust Estate shall be comprised of 90 percent of the proceeds from the sale of 265 cabin sites of the Bureau of Reclamation located along the northern end of Canyon Ferry Reservoir in portions of sections 2, 11, 12, 13, 15, 22, and 26, Township 10 N. Range 1 West, P.M.M. and 90 percent of the proceeds from lease payments from the continued lease of those properties in accordance with Section 1006 of the Canyon Ferry Reservoir, Montana, Act, which shall be referred to hereafter as the "Canyon Ferry Account". The Trust property shall also include, as a separate account within the trust, 100% of the proceeds from the conveyance of approximately 392 cabin sites under the provisions of Section 807, Pub. L. No. 106-541 which shall be referred to hereafter as the "CMR Account". 2.2 Additional Trust Property. Trustor or any other person, business entity, or government agency may add property to the trust hereby created by transferring such property to Trustee by deed, assignment, bequest, devise, or otherwise, including a transfer of loan proceeds. If so added, such property shall be governed by the provisions of this Trust Agreement with like effect as if constituting initial Trust Property. III. CHARITABLE TRUST 3.1 Charitable Purposes. The Trust is established for charitable and educational purposes, in order to promote and enhance the recreational opportunities for the general public. The Trust will further assist Trustor and other public agencies in providing such services to the public. 3.2 Exempt Organization. The Trust is intended to qualify as an exempt organization under I.R.C. §501(c)(3), or corresponding provisions of subsequent federal law. All provisions shall be interpreted in a manner consistent with this qualification, and Trustor may amend provision of this Trust to maintain this qualification. 3.3 No Political Activities. The Trust shall not carry on propaganda or otherwise attempt to influence legislation, nor shall it participate or intervene in any political campaign on behalf of any candidate for public office. 3.4 No Benefit for Private Individuals. No part of the net earnings, properties, or assets of the Trust hall inure to the Benefit of any private person or individual, on dissolution or otherwise. On liquidation, dissolution or termination, all assets of this trust remaining after payment or provision for all debts and obligations shall be distributed to such fund, foundation, or corporation organized and operated for charitable purposes as Trustor and Trustee shall determine, and shall at the time qualify as a tax exempt organization under I.R.C. §501(c)(3) of the Internal Revenue Code, or corresponding provision of federal law. IV. MANAGEMENT OF TRUST ASSETS 4.1 Distribution. The Trustee shall manage and distribute the Canyon Ferry account Trust assets in accordance with section 1006 and 1007 of the Canyon Ferry Reservoir, Montana, Act, and the terms of this Agreement. The CMR account shall be managed in accordance with the terms of Section 807 of Pub. L. No. 106-541 and the terms of this Agreement. The Trustee shall review and respond to requests for disbursement from the trust within 30 days from receiving a request for disbursement from the Board. 4.2 Principal. The principal of the Canyon Ferry Trust account shall be inviolate. The principal of the "CMR account" shall be available for those purposes specified in the Section 807 of Pub. L. No. 106-541. 4.3 Earnings. Earnings amounts in the Trust shall be used to carry out the purpose of this Trust in accordance with Section 1007 of the Canyon Ferry Reservoir, Montana, Act, Section 807 of Pub. L. No. 106-541, section 1.2 of this Agreement and to administer the Trust and Citizen Advisory Board. 4.4 Local Purposes. Canyon Ferry Account. Not more than 50 percent of the income from the Trust in any year shall be used outside the watershed of the Missouri River in the State of Montana, from Holter Dam upstream to the confluence of the Jefferson River, Gallatin River, and Madison River. CMR Account - The income from the CMR account shall be used for the purposes specified in Section 807 of Pub. L. No. 106-541. V. POWERS AND DUTIES OF TRUSTEE 5.1 Powers of Trustee. Without limitation on, but in extension of, the powers, authority, and discretion granted to Trustee by other provisions of this Trust Agreement, Trustee (including any successor trustee) during the continuation of this trust and including every division, share, and part thereof, shall have all of the powers, authority, and discretion conferred upon trustees generally by the Montana Trust Code, Mont. Code Ann. Title 72, Chapter 33 to 365 (as amended from time to time) provided, however, Trustee is prohibited from exercising any of such powers, authority, and discretion in such a manner as to violate any of the limitations expressed elsewhere in this Trust Agreement. 5.2 Bond: Compensation of Trustee. No bond or other security shall be required of Trustee. The Trustee shall be entitled to payment for trust fees in the amount of 1.25% of the market value of the trust assets on an annual basis, assessed quarterly. This fee is inclusive of all management cots, custodianship of assets, and administration. 5.3 Receive Assets. To received, hold, maintain, administer, collect, invest and re-invest the trust assets, and collect and apply the income profits and principal of the Trust in accordance with the terms of this Agreement, the Canyon Ferry Reservoir, Montana, Act and Section 807 of Pub. L. No. 106-541. 5.4 Receive Additional Assets. To receive additional assets from other sources. 5.5 Standard of Care. To acquire, invest, re-invest, exchange, retain, sell, and manage trust assets, exercising the judgement and care, under the circumstances prevailing, that persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital. Within the limitations of that standard, the Trustee is authorized to acquire and retain every kind of property, real, personal or mixed, and every kind of investment, specifically including but not by way of limitation, bonds, debentures and other corporate obligations, and stocks, preferred or common, that persons of prudence, discretion and intelligence acquire or retain for their own account. 5.6 Settle Claims. To compromise, settle, or abandon claims in favor of or against the Trust. 5.7 Employ Professional Assistance. To employee and compensate counsel and other persons deemed necessary for proper administration and to delegate authority when such delegation is advantageous to the trust. Trustee shall provide such professional services as may be necessary to effectuate real property transactions funded through the Trust. These services will be in additional to the established 1.25% annual fee. If professional services are required, the Joint State-Federal Agency Board will be notified 30 days in advance and be provided cost estimates for services to be rendered. Such services shall be compensated under a Special Services Agreement between the Trust Manager and the Joint Board and the Citizens’ Advisory Board. 5.8 Enter contracts. To bind the Trust by contracts or agreements without assuming individual liability for such contracts. 5.9 Exercise Stock Ownership Rights. To vote, execute proxies to vote, join in or oppose any plans for reorganization, and exercise any other right incident to the ownership of any stocks, bonds or other properties of the Trust. 5.10 Hold Trust Assets as a Single Fund. To hold the assets of the Trust, shares or portions of the Trust created by this instrument as a single fund for joint investment and management, without the need for physical segregation, dividing the income proportionately among them. Segregation of the Trust assets need only be made on the books of the Trustee for accounting purposes. 5.11 Trustee shall perform the duties of "trust manager" as described in Section 1007 of the Canyon Ferry Reservoir, Montana, Act. The Trustee shall be available to meet with the Joint state-federal agency board on at least a quarterly basis. 5.12 Accounting and Reports. Trustee shall keep accurate records and accounts of the administration of the trust estate. Trustee shall, upon request of trustor, or quarterly, furnish to trustor a full and complete statement of all receipts, disbursements, gains, and losses of the trust estate. VI. MISCELLANEOUS PROVISIONS 6.1 Irrevocability. This Trust is irrevocable, and shall exist in perpetuity to accomplish the purposes of the Trust. 6.2 Power of Amendment. Trustor shall have the right, at any time and from time to time, by instrument in writing subscribed by Trustor and delivered to Trustee, to amend this Trust Agreement in order to more fully accomplish the trust purposes. Such amendment shall not alter any provision required by the Canyon Ferry Reservoir, Montana, Act, Section 807 of Pub. L. No. 106-541, nor jeopardize the trust’s qualification under the provisions of I.R.C. §501(c)(3). 6.3 Situs. All questions concerning the meaning and intention of the terms of this Trust Agreement and concerning the validity hereof, and all questions relating to performance hereunder, shall be adjudged and resolved in accordance with the laws of the state of Montana. 6.4 Right to Direct Investments. At any time that the Trust has investments, trustor may direct trustee to purchase, sell, or retain any trust investment. 6.5 Severability. If any portion of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 6.6 Communications. Trustor hereby states that all correspondence from the Trustee regarding the Trust shall be directed to Chan Worley Telephone number 406-247-7810 Trustee hereby states that all correspondence regarding the Trust shall be directed to Spence Hegstad Telephone number 406-444-6759. Both Trustor and Trustee agree that in the event of their respective addresses and telephone numbers are changed, each will advise the other of the change within sixty (60) days following the date of the change. IN WITNESS WHEREOF, the parties have caused these presents to be duly executed on the day and year first above written. __________________________________ By: U.S. Department of Interior, "TRUSTOR" __________________________________ By: Montana Fish, Wildlife, and Parks Foundation, "TRUSTEE" II. Montana Fish & Wildlife Conservation Trust Statute (See, PL 105-277, enacted 10/22/98, and subsequent amendments) SEC. 1007. MONTANA FISH AND WILDLIFE CONSERVATION TRUST. (a) Establishment.--The Secretary, in consultation with the State congressional delegation and the Governor of the State, shall establish a nonprofit charitable permanent perpetual public trust in the State, to be known as the ``Montana Fish and Wildlife Conservation Trust'' (referred to in this section as the ``Trust''). (b) Purpose.--The purpose of the Trust shall be to provide a permanent source of funding to acquire publicly accessible land and interests in land, including easements and conservation easements, in the State from willing sellers at fair market value to-- (1) restore and conserve fisheries habitat, including riparian habitat; (2) restore and conserve wildlife habitat; (3) enhance public hunting, fishing, and recreational opportunities; and (4) improve public access to public land. (c) Administration.-- (1) Trust manager.--The Trust shall be managed by a trust manager, who-- (A) shall be responsible for investing the corpus of the Trust; and (B) shall disburse funds from the Trust on receiving a request for disbursement from a majority of the members of the Joint State-Federal Agency Board established under paragraph (2) and after determining, in consultation with the Citizen Advisory Board established under paragraph (3) and after consideration of any comments submitted by members of the public, that the request meets the purpose of the Trust under subsection (b) and the requirements of subsections (d) and (e). (2) Joint state-federal agency board.-- (A) Establishment.--There is established a Joint State- Federal Agency Board, which shall consist of-- (i) 1 Forest Service employee employed in the State designated by the Forest Service; (ii) 1 Bureau of Land Management employee employed in the State designated by the Bureau of Land Management; (iii) 1 Bureau of Reclamation employee employed in the State designated by the Bureau of Reclamation; (iv) 1 United States Fish and Wildlife Service employee employed in the State designated by the United States Fish and Wildlife Service; and (v) 1 Montana Department of Fish, Wildlife and Parks employee designated by the Department. (B) Requests for disbursement.--After consulting with the Citizen Advisory Board established under paragraph (3) and after consideration of the Trust plan prepared under paragraph (3)(C) and of any comments or requests submitted by members of the public, the Joint State-Federal Agency Board, by a vote of a majority of its members, may submit to the Trust Manager a request for disbursement if the Board determines that the request meets the purpose of the Trust. (3) Citizen advisory board.-- (A) In general.--The Secretary shall nominate, and the Joint State-Federal Agency Board shall approve by a majority vote, a Citizen Advisory Board. (B) Membership.--The Citizen Advisory Board shall consist of 4 members, including 1 with a demonstrated commitment to improving public access to public land and to fish and wildlife conservation, from each of-- (i) a Montana organization representing agricultural landowners; (ii) a Montana organization representing hunters; (iii) a Montana organization representing fishermen; and (iv) a Montana nonprofit land trust or environmental organization. (C) Duties.--The Citizen Advisory Board, in consultation with the Joint State-Federal Agency Board and the Montana Association of Counties, shall prepare and periodically update a Trust plan including recommendations for requests for disbursement by the Joint State-Federal Agency Board. (D) Objectives of plan.--The Trust plan shall be designed to maximize the effectiveness of Montana Fish and Wildlife Conservation Trust expenditures considering-- (i) public needs and requests; (ii) availability of property; (iii) alternative sources of funding; and (iv) availability of matching funds. (4) Public notice and comment.--Before requesting any disbursements under paragraph (2), the Joint State-Federal Agency Board shall-- (A) notify members of the public, including local governments; and (B) provide opportunity for public comment. (d) Use.-- (1) Principal.--The principal of the Trust shall be inviolate. (2) Earnings.--Earnings on amounts in the Trust shall be used to carry out subsection (b) and to administer the Trust and Citizen Advisory Board. (3) Local purposes.--Not more than 50 percent of the income from the Trust in any year shall be used outside the watershed of the Missouri River in the State, from Holter Dam upstream to the confluence of the Jefferson River, Gallatin River, and Madison River. (e) Management.--Land and interests in land acquired under this section shall be managed for the purpose described in subsection (b). III. CABIN SITE PURCHASE LAW FOR CANYON FERRY RESERVOIR, MONTANA[1] SECTION 1001. FINDINGS. Congress finds that the conveyance of the properties described in section 1004(b) to the lessees of those properties for fair market value would have the beneficial results of- (1) reducing Pick-Sloan project debt for the Canyon Ferry Unit; (2) providing a permanent source of funding to acquire publicly accessible land and interests in land, including easements and conservation easements, in the State from willing sellers at fair market value to- (A) restore and conserve fisheries habitat, including riparian habitat; (B) restore and conserve wildlife habitat; (C) enhance public hunting, fishing, and recreational opportunities; and (D) improve public access to public land; (3) eliminating Federal payments in lieu of taxes and associated management expenditures in connection with the Federal Government's ownership of the properties while increasing local tax revenues from the new owners; and (4) eliminating expensive and contentious disputes between the Secretary and leaseholders while ensuring that the Federal Government receives full and fair value for the properties. SEC 1002. PURPOSES. The purposes of this Act are to- (1) establish terms and conditions under which the Secretary of the Interior shall, for fair market value, convey certain properties around Canyon Ferry Reservoir, Montana, to private parties; and (2) acquire certain land for fish and wildlife conservation purposes. SEC 1003. DEFINITIONS. In this Act: (1) CANYON FERRY-BROADWATER COUNTY TRUST.-The term "Canyon Ferry-Broadwater County Trust" means the Canyon Ferry-Broadwater County Trust established under section 1008. (2) CFRA.-The term "CFRA" means the Canyon Ferry Recreation Association, Incorporated, a Montana corporation. (3) COMMISSIONERS.-The term "Commissioners" means the Board of Commissioners for Broadwater County, Montana. (4) INDIVIDUAL PROPERTY PURCHASER--The term ‘individual property purchaser’, with respect to an individual cabin site described in section 1004(b), means a person (including CFRA or a lessee) that purchases a cabin site. (5) LEASE -The term “lease" means a lease or permit in effect on the date of enactment of this Act that gives a leaseholder the right to occupy a property. (6) LESSEE - The term “lessee" means-- (A) the leaseholder of 1 of the properties on the date of enactment of this Act; and (B) the leaseholder's heirs, executors, and assigns of the leasehold interest in the property. (7) MONTANA FISH AND WILDLIFE CONSERVATION TRUST-The term "Montana Fish and Wildlife Conservation Trust" means the Montana Fish and Wildlife Conservation Trust established under section 1007. (8) PROJECT The term "project" means the Canyon Ferry Unit of the Pick-Sloan Missouri River Basin Project. (9) PROPERTY - (A) IN GENERAL - The term "property" means 1 of the cabin sites described in section 1004(b). (B) USE IN THE PLURAL - The term "properties" means all 265 of the properties and any contiguous parcels referred to in section 1004(b)(1)(B). (10) PURCHASER - The term "purchaser" means a person or entity, excluding CFRA or a lessee, that purchases the properties under section 104. (11) RESERVOIR - The term "Reservoir" means the Canyon Ferry Reservoir, Montana. (12) SECRETARY - The term "Secretary" means the Secretary of the Interior. (13) STATE - The term "State" means the State of Montana. SEC. 1004. SALE OF PROPERTIES. (a) In GENERAL - Consistent with the Act of June 17, 1902 (32 Stat. 388, chapter 1093) and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.), the Secretary shall convey to CFRA or a purchaser- (1) all right, title, and interest (except the mineral estate) of the United States in and to the properties, subject to valid existing rights and the operational requirements of the Pick-Sloan Missouri River Basin Program; and (2) perpetual easements for- (A) vehicular access to each property; (B) access to and use of 1 dock per property; and (C) access to and use of all boathouses, ramps, retaining walls, and other improvements for which access is provided in the leases as of the date of enactment of this Act. (b) DESCRIPTION OF PROPERTIES - (1) IN GENERAL - The properties to be conveyed are-- (A) the 265 cabin sites of the Bureau of Reclamation located along the northern end of the Reservoir in portions of sections 2, 11, 12, 13, 15, 22, and 26, Township 10 North, Range 1 West; and (B) any small parcel contiguous to any property (not including shoreline or land needed to provide public access to the shoreline of the Reservoir) that the Secretary determines should be conveyed in order to eliminate an inholding and facilitate administration of surrounding land remaining in Federal ownership. (2) ACREAGE; LEGAL DESCRIPTION - The acreage and legal description of each property and of each parcel shall be determined by the Secretary in consultation with CFRA. (3) RESTRICTIVE USE COVENANT - (A) In General - In order to maintain the unique character of the Reservoir area, the Secretary, the purchaser, CFRA and each subsequent owner of each property shall covenant that the use restrictions to carry out subparagraphs (B) and (C) shall-- (i) be appurtenant to, and run, with each property; and (ii) be binding on each subsequent owner of each property. (B) ACCESS TO RESERVOIR.- (i) IN GENERAL.-The Secretary, the purchaser, CFRA, and the subsequent owner of each property shall ensure that– (I) public access to and along the shoreline of the Reservoir in existence on the date of enactment of this Act is not obstructed; and (II) adequate public access to and along the shoreline of the Reservoir is maintained. (ii) FEDERAL RECLAMATION LAW.- (I) IN GENERAL - No conveyance of property under this Act shall restrict or limit the authority or ability of the Secretary to fulfill the duties of the Secretary under the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.). (II) NO LIABILITY - The operation of the Reservoir by the Secretary in fulfillment of the duties described in subclause (I) shall not result in liability for damages, direct or indirect, to the owner of any property conveyed under section 1004(a) or damages from any loss of use or enjoyment of the property. (C) HISTORICAL USE - The Secretary, the purchaser, CFRA, and each subsequent owner of each property shall covenant that future uses of the property shall be limited to the type and intensity of uses in existence on the date of enactment of this Act, as limited by the prohibitions contained in the annual operating plan of the Bureau of Reclamation for the Reservoir in effect on October 1, 1998. (c). PURCHASE PROCESS - (1) IN GENERAL -The Secretary shall-- (A) solicit sealed bids for the properties; (B) subject to paragraph (2), sell the properties to the bidder that submits the highest bid above the minimum bid determined under paragraph(2); (C) not accept any bid for less than all of the properties in 1 transaction. (2)MINIMUM BID - (A) In GENERAL - Before accepting bids, the Secretary shall establish a minimum bid, which shall be equal to the fair market value of the properties determined by an appraisal of each property, exclusive of the value of private improvements made by the leaseholders before the date of the conveyance, in conformance with the Uniform Appraisal Standards for Federal Land Acquisition. (B) APPRAISAL - (i) IN GENERAL - The appraisal under subparagraph (A) shall use the Canyon Ferry Cabin Site appraisal with a completion date of March 29, 1999, and amended June 11, 1999, with an effective date of valuation of October 15, 1998, for the Bureau of Reclamation, on the conditions stated in this subparagraph. (ii) MODIFICATIONS - The contract appraisers that conducted the original appraisal having an effective date of valuation of October 15, 1998, for the Bureau of Reclamation shall make appropriate modifications to permit recalculation of the lot values established in the original appraisal into an updated appraisal, the function of which shall be to provide market values for the sale of each of the 265 Canyon Ferry Cabin site lots. (iii) CHANGES IN PROPERTY CHARACTERISTICS - If there are any changes in the characteristic of a property that form part of the basis of the updated appraisal (including a change in size, easement considerations, or updated analyses of the physical characteristics of a lot), the contract appraisers shall make an appropriate adjustment to the updated appraisal. (iv) UPDATING - Subject to the approval of CFRA and the Secretary, the fair market values established by the appraisers under this paragraph may be further updated periodically by the contract appraisers through appropriate market analyses. (v) RECONSIDERATION - The Bureau of Reclamation and the 265 Canyon Ferry cabin owners have the right to seek reconsideration, before commencement of the updated appraisal, of the assumptions that the appraisers used in arriving at the fair market values derived in the original appraisal. (vi) CONTINUING VALIDITY - To the extent consistent with the Uniform Appraisal Standards for Federal Land Acquisition, the October 15, 1998, Canyon Ferry Cabin Site original appraisal, as provided for in this paragraph, shall remain valid for use by the Bureau of Reclamation in the sale process for a period of not less than 3 years from the date of completion of the updated appraisal. (vii) APPLICABILITY - This subparagraph shall apply to the extent that its application is practicable and consistent with the uniform Appraisal Standards for Federal Land Acquisition. (3) RIGHT OF FIRST REFUSAL - IF the highest bidder is other than CFRA, CFRA shall have the right to match the highest bid and purchase the properties at a price equal to the amount of the highest bid. (d) TERMS OF CONVEYANCE - (1) PURCHASER - If the highest bidder is other than CFRA and CFRA does not match the highest bid, the following shall apply: (A) PAYMENT - The purchaser shall pay the amount bid to the Secretary for distribution in accordance with section 6. (B) CONVEYANCE - The Secretary shall convey the properties to the purchaser. (C) OPTION TO PURCHASE - The purchaser shall give each lessee of a property conveyed under this section an option to purchase the property at fair market value, as determined under subsection (c) (2). (D) NONPURCHASING LESSEES - (i) RIGHT TO CONTINUE LEASE - A lessee that is unable or unwilling to purchase a property shall be provided the opportunity to continue to lease the property for fair market value rent under the same terms and conditions as apply under the existing lease for the property, and shall have the right to renew the term of the existing lease for 2 consecutive 5-year terms. (ii) COMPENSATION FOR IMPROVEMENTS - If a lessee declines to purchase a property, the purchaser shall compensate the lessee for the fair market value, as determined pursuant to customary appraisal procedures, of all improvements made to the property by the lessee. The lessee may sell the improvements to the purchaser at any time, but the sale shall be completed by the final termination of the lease, after all renewals under clause (I). (iii) REMAINING LEASES - (I) CONTINUATION OF LEASES - The remaining lessees shall have a right to continue leasing through August 31, 2014. (II) RIGHT TO CLOSE - The remaining leases shall have the right to close under the terms of the sale at any time before August 31, 2014. On termination of the lease either by expiration under the terms of the lease or by violation of the terms of the lease, all personal property and improvements will be removed, and the cabin site shall remain in Federal ownership. (2) CFRA - If CFRA is the highest bidder or matches the highest bid or if no one (including CFRA) bids, the following shall apply: (A) CLOSING - On receipt of a purchase request from a lessee or CFRA, the Secretary shall close on the property and prepare all other properties for closing within 45 days. (B) PAYMENT - At the closing for a property- (i) the lessee or CFRA shall deliver to the Secretary payment for the property, which the secretary shall distribute in accordance with section 6; and (ii) the Secretary shall convey the property to the lessee or CFRA. (C) APPRAISAL - The Secretary shall determine the purchase amount of each property based on the appraisal conducted under subsection (c)(2), the amount of the bid under subsection (c)(1), and the proportionate share of administrative costs pursuant to subsection (e). The total purchase amount for all properties shall equal the total bid amount plus administrative costs under subsection (e). (D) TIMING - CFRA and the lessees shall purchase at least 75 percent of the properties not later than August 1 of the year that begins at least 12 months 36 months after title to the first property is conveyed by the Secretary to a lessee. If the requirement of the preceding sentence is not met, CFRA may close on all remaining cabin sites or up to the 75 percent requirement. If CFRA does not exercise either such option, the Secretary shall conduct another sale for the remaining cabin sites to close immediately, with proceeds distributed in accordance with section 1008. (E) RIGHT TO RENEW - The Secretary shall afford the lessees who have not purchased properties under this section the right to renew the term of the existing lease for 2 (but not more than 2) consecutive 5-year terms. (F) REIMBURSEMENT - A lessee shall reimburse CFRA for a proportionate share of the costs to CFRA of completing the transactions contemplated by this Act, including any interest charges. (G) RENTAL PAYMENTS - All rent received from the leases shall be distributed by the Secretary in accordance with section 1006. (e) ADMINISTRATIVE COSTS - (1) ALLOCATION OF FUNDING - The Secretary shall allocate all funding necessary to conduct the sales process for the sale of property under this title. (2) REIMBURSEMENT - Any reasonable administrative costs incurred by the Secretary (including the costs of survey and appraisals incident to the conveyance under subsection (a)) shall be proportionately reimbursed by the property owner a the time of closing. (f) TIMING - The Secretary shall- (1) immediately begin preparing for the sales process on enactment of this Act; and (2) not later than 1 year after the date of enactment of this Act, in accordance with all applicable law, begin conveying the property described in subsection (b). (g) CLOSINGS - Real estate closings to complete the conveyance under subsection (a) may be staggered to facilitate the conveyance as agreed to by the Secretary and the purchaser or CFRA. (h) CONVEYANCE TO LESSEE - If a lessee purchases a property from the purchaser or CFRA, the Secretary, at the request of the lessee, shall have the conveyance documents prepared in the name or names of the lessee so as to minimize the amount of time and number of documents required to complete the closing for the property. SEC. 1005. AGREEMENT. (a) MANAGEMENT OF SILOS CAMPGROUND - Not later than 180 days after the date of enactment of this Act, the Secretary, acting through the Commissioner of Reclamation, shall- (1) offer to contract with the, Commissioners to manage the Silos campground (2) enter into such a contract if agreed to by the Secretary and the Commissioners; and (3) grant necessary easements for access roads within and adjacent to the Silos campground. (b) CONCESSION INCOME - Any income generated by any concession that may be granted by the Commissioners at the Silos recreation area- (1) shall be deposited in the Canyon Ferry-Broadwater County Trust; and (2) may be disbursed by the Canyon Ferry-Broadwater County Trust manager as part of the income of the Trust. SEC. 1006. USE OF PROCEEDS. Notwithstanding any other provision of law, proceeds of conveyances under this Act shall be available, without further Act of appropriation, as follows: (1) 10 percent of the proceeds shall be applied by the Secretary of the Treasury to reduce the outstanding debt for the Pick-Sloan project at the Reservoir. (2) 90 percent of the proceeds shall be deposited in the Montana Fish and Wildlife Conservation Trust. SEC. 1007 MONTANA FISH AND WILDLIFE CONSERVATION TRUST. (a) ESTABLISHMENT - The Secretary, in consultation with the State congressional delegation and the Governor of the State, shall establish a nonprofit charitable permanent perpetual public trust in the State, to be known as the "Montana Fish and Wildlife Conservation Trust" (referred to in this section as the "Trust"). (b) PURPOSE - The purpose of the Trust shall be to provide a permanent source of funding to acquire publicly accessible land and interests in land, including easements and conservation easements, in the State from willing sellers at fair market value to- (1) restore and conserve fisheries habitat, including riparian habitat; (2) restore and conserve wildlife habitat; (3) enhance public hunting, fishing, and recreational opportunities; and (4) improve public access to public land. (c) ADMINISTRATION - (1) TRUST MANAGER - The Trust shall be managed by a trust manager (referred to in this section as the `trust manager'), who- (A) shall be, responsible for investing the corpus of the Trust; and (B) shall disburse funds from the Trust on receiving a request for disbursement from a majority of the members of the Joint State-Federal Agency Board established under paragraph (2) and after determining, in consultation with the Citizen Advisory Board established under paragraph (3) and after consideration of any comments submitted by members of the public, that the request meets the purpose of the Trust under subsection (b) and the requirements of subsections (d) and (e). (2) JOINT STATE-FEDERAL AGENCY BOARD - (A) ESTABLISHMENT - There is established a Joint State-Federal Agency Board (referred to in this section as the `Joint State-Federal Agency Board'), which shall consist of-- (i) 1 Forest Service employee employed in the State designated by the Forest Service; (ii) 1 Bureau of Land Management employee employed in the State designated by the Bureau of Land Management; (iii) 1 Bureau of Reclamation employee employed in the State designated by the Bureau of Reclamation; (iv) 1 United States Fish and Wildlife Service employee employed in the State designated by the United States Fish and Wildlife Service; and (v) 1 Montana Department of Fish, Wildlife and Parks employee designated by the Department. (B) REQUESTS FOR DISBURSEMENT - After consulting with the Citizen Advisory Board established under paragraph (3) and after consideration of the Trust plan prepared under paragraph (3)(C) and of any comments or requests submitted by members of the public, the Joint State-Federal Agency Board, by a vote of a majority of its members, may submit to the Trust Manager a request for disbursement if the Board determines that the request meets the purpose of the Trust. (3) CITIZEN ADVISORY BOARD - (A) IN GENERAL - The Secretary shall nominate, and the Joint State-Federal Agency Board shall approve by a majority vote, a Citizen Advisory Board (referred to in this section as the ‘Citizen Advisory Board’). (B) MEMBERSHIP - The Citizen Advisory Board shall consist of 4 members, including 1 with a demonstrated commitment to improving public access to public land and to fish and wildlife conservation, from each of- (i) a Montana organization representing agricultural landowners; (ii) a Montana organization representing hunters; (iii) a Montana organization representing fishermen; and (iv) a Montana nonprofit land trust or environmental organization. (C) DUTIES - The Citizen Advisory Board, in consultation with the Joint State-Federal Agency Board and the Montana Association of Counties, shall prepare and periodically update a Trust plan including recommendations for requests for disbursement by the Joint State-Federal Agency Board. (D) OBJECTIVES OF PLAN - The Trust plan shall be designed to maximize the effectiveness of Montana Fish and Wildlife Conservation Trust expenditures considering- (i) public, needs and requests; (ii) availability of property; (iii) alternative sources of funding; and (iv) availability of matching funds. (4) PUBLIC NOTICE AND COMMENT - Before requesting any disbursements under paragraph (2), the Joint State-Federal Agency Board shall- (A) notify members of the public, including local governments; and (B) provide opportunity for public comment (d) USE. - (1) PRINCIPAL - The principal of the Trust shall be inviolate. (2) EARNINGS - Earnings on amounts in the Trust shall be used to carry out subsection (b) and to administer the Trust and Citizen Advisory Board. (3) LOCAL PURPOSES - Not more than 50 percent of the income from the Trust in any year shall be used outside the watershed of the Missouri River in the State, from Holter Dam upstream to the confluence of the Jefferson River, Gallatin River, and Madison River. (e) MANAGEMENT - Land and interests in land acquired under this section shall be managed for the purpose described in subsection (b). (f) RECREATION TRUST AGREEMENT - (1) IN GENERAL - The Trust, acting through the trust manager, in consultation with the Joint State-Federal Agency Board and the Citizen Advisory Board, shall enter into a legally enforceable agreement with CFRA (referred to in this section as the `Recreation Trust Agreement'). (2) CONTENTS - The Recreation Trust Agreement shall provide that-- (A) on receipt of proceeds of the sale of a property under section 1004, the Trust shall loan up to $3,000,000 of the proceeds to CFRA; (B) CFRA shall deposit all funds borrowed under subparagraph (A) in the Canyon Ferry-Broadwater County Trust; (C) CFRA and the individual purchasers shall repay the principal of the loan to the Trust as soon as reasonably practicable in accordance with a repayment schedule specified in the loan agreement; and (D) until such time as the principal is repaid in full, CFRA and the individual purchasers shall make an annual interest payment on the outstanding principal of the loan to the Trust at an interest rate determined in accordance with paragraph (4)(C). (3) TREATMENT OF INTEREST PAYMENTS - All interest payments received by the Trust under paragraph (2)(D) shall be treated as earnings under subsection (d)(2). (4) FIDUCIARY RESPONSIBILITY - In negotiating the Recreation Trust Agreement, the trust manager shall act in the best interests of the Trust to ensure-- (A) the security of the loan; (B) timely repayment of the principal; and (C) payment of a fair interest rate, of not less than 6 nor more than 8 percent per year, based on the length of the term of a loan that is comparable to the term of a traditional home mortgage. (g) RESTRICTION ON DISBURSEMENT - Except as provided in subsection (f), the trust manager shall not disburse any funds from the Trust until August 1, 2001, as provided for in the Recreation Trust Agreement, unless Broadwater County, at an earlier date, certifies that the Canyon Ferry-Broadwater County Trust has been fully funded in accordance with this title. (h) CONDITION TO SALE - No closing of property under section 1004 shall be made until the Recreation Trust Agreement is entered into under subsection (f). SEC. 1008. CANYON FERRY-BROADWATER COUNTY TRUST. (a) ESTABLISHMENT - The Commissioners shall establish a nonprofit charitable permanent perpetual public trust to be known as the "Canyon Ferry-Broadwater County Trust" (referred to in this section as the "Trust"). (b) PRIORITY OF TRUST ESTABLISHMENT - (1) AGREEMENT - (A) CONDITION TO SALE - No closing of property under section 1004 shall be made until CFRA and Broadwater County enter into a legally enforceable agreement (referred to in this paragraph as the ` Contributions Agreement') concerning contributions to the Trust. (B) CONTENTS - The Contributions Agreement shall require that on or before August 1, 2001, CFRA shall ensure that $3,000,000 in value is deposited in the Canyon Ferry-Broadwater County Trust from 1 or more of the following sources (i) Direct contributions made by the purchasers on the sale of each cabin site. (ii) Annual contributions made by the purchasers. (iii) All other monetary contributions. (iv) In-kind contributions, subject to the approval of the County. (v) All funds borrowed by CFRA under section 1007(f). (vi) Assessments made against the cabin sites made under a county park district or any similar form of local government under the laws of the State of Montana. (vii) Any other contribution, subject to the approval of the County. (2) ALTERNATIVE FUNDING SOURCE - If CFRA agrees to form a county park district under section 7-16-2401 et seq., of the Montana Code Annotated, or any other similar form of local government under the laws of the State of Montana, for the purpose of providing funding for the Trust pursuant to the Contributions Agreement, CFRA and Broadwater County may amend the Contributions Agreement as appropriate, so long as the monetary obligations of individual property purchases under the Contributions Agreement as amended are substantially similar to those specified in paragraph (1). (3) IN-KIND CONTRIBUTIONS - (A) IN GENERAL - In-kind contributions- (i) shall be approved in advance by the Commissioners; (ii)shall be made in Broadwater County; (iii)shall be related to the improvement of access to the portions of the Reservoir lying within Broadwater County or to the creation and improvement of new and existing recreational areas within Broadwater County; and (iv) shall not include any contribution made by Broadwater County. (B) APPROVAL - Approval by the Commissioners of an in-kind contribution under subparagraph (A) shall include approval of the value, nature, and type of the contribution and of the entity that makes the contribution. (c) TRUST MANAGEMENT - (1) TRUST MANAGER - The Trust shall be managed by a nonprofit foundation or other independent trustee to be selected by the Commissioners. (2) USE - The Trust manager shall invest the corpus of the Trust and disburse funds as follows: (A) PRINCIPAL - A sum not to exceed $500,000 may be expended from the corpus to pay for the planning and construction of a harbor at the Silos recreation area. (B) INTEREST - The balance of the Trust shall be held and the income shall be expended annually for the improvement of access to the portions of the Reservoir lying within Broadwater County, Montana, and for the creation and improvement of new and existing recreational areas within Broadwater County. (3) DISBURSEMENT - The Trust manager- (A) shall approve or reject any request for disbursement; and (B) shall not make any expenditure except on the recommendation of the advisory committee established under subsection (d). (d) ADVISORY COMMITTEE - (1) ESTABLISHMENT - The Commissioners shall appoint an advisory committee consisting of not fewer than 3 nor more than 5 persons. (2) DUTIES - The advisory committee shall meet on a regular basis to establish priorities and make requests for the disbursement of, funds to the Trust manager. (3) APPROVAL BY THE COMMISSIONERS - The advisory committee shall recommend only such expenditures as are approved by the Commissioners. (e) NO OFFSET - Neither the corpus nor the income of the Trust shall be used to reduce or replace the regular operating expenses of the Secretary at the Reservoir, unless approved by the Commissioners. SEC. 1009. AUTHORIZATION. (a) IN GENERAL -The Secretary is authorized to- (1) investigate, plan, construct, operate, and maintain public recreational facilities on land withdrawn or acquired for the development of the project; (2) conserve the scenery, the natural historic, paleontologic, and archaeologic objects, and the wildlife on the land; (3) provide for public use and enjoyment of the land and of the water areas created by the project by such means as are consistent with but subordinate to the purposes of the project; and (4) investigate, plan, construct, operate, and maintain facilities for the conservation of fish and wildlife resources. (b) COSTS - The costs (including operation and maintenance costs) of carrying out subsection (a) shall be nonreimbursable and nonreturnable under Federal reclamation law. Website Note from BKBH: This statute was originally enacted on October 22, 1998 [P.L.105-277; 112 STAT. 2681, pp. 710 - 718] and amended on November 29, 1999 [P.L.106-113; 113 STAT. 1501A, pp. 307-311] and further amended on October 27, 2000 [PL 106-377; 114 STAT. 1441A, pp. 69-70]. IV. CONGRESS ALLOWS FORT PECK CABIN OWNERS TO PURCHASE SITES HELENA, MT -- The approximately 390 cabin owners, currently leasing cabin sites from the U. S. Army Corps of Engineers at Fort Peck Lake, will be allowed to purchase their cabin sites for fair market value from the United States Government pursuant to the "Water Resources Development Act of 2000," enacted December 11, 2000. Located in Northeastern Montana, the Fort Peck Reservoir is a highlight of the Charles M. Russell National Wildlife Refuge (CMR Refuge). Fort Peck Dam which creates the Fort Peck Reservoir, is located 19 miles southeast of Glasgow, Montana and backs up the Missouri River a total of 134 miles. For the past year, the law firm of Browning, Kaleczyc, Berry & Hoven, P.C. led by attorneys Mark Etchart, and Steve Browning, worked with the Fort Peck Lake Association (a membership organization representing nearly all of the cabin site lessees) to convince Congress to transfer ownership of the cabin sites to the lessees. In October, 2000, Congress approved a negotiated proposal to do just that. The proceeds from the conveyance of the cabin sites will be used to acquire lands with greater wildlife and other public value for the CMR Refuge. TITLE VIII--WILDLIFE REFUGE ENHANCEMENT SEC. 801. SHORT TITLE. This title may be cited as the `Charles M. Russell National Wildlife Refuge Enhancement Act of 2000'. SEC. 802. PURPOSE. The purpose of this title is to direct the Secretary, working with the Secretary of the Interior, to convey cabin sites at Fort Peck Lake , Montana, and to acquire land with greater wildlife and other public value for the Charles M. Russell National Wildlife Refuge, to-- (1) better achieve the wildlife conservation purposes for which the Refuge was established; (2) protect additional fish and wildlife habitat in and adjacent to the Refuge; (3) enhance public opportunities for hunting, fishing, and other wildlife-dependent activities; (4) improve management of the Refuge; and (5) reduce Federal expenditures associated with the administration of cabin site leases. SEC. 803. DEFINITIONS. In this title, the following definitions apply: (1) ASSOCIATION- The term `Association' means the Fort Peck Lake Association. (2) CABIN SITE- (A) IN GENERAL- The term `cabin site' means a parcel of property within the Fort Peck , Hell Creek, Pines, or Rock Creek Cabin Areas that is-- (i) managed by the Corps of Engineers; (ii) located in or near the eastern portion of Fort Peck Lake , Montana; and (iii) leased for single family use or occupancy. (B) INCLUSIONS- The term `cabin site' includes all right, title, and interest of the United States in and to the property, including-- (i) any permanent easement that is necessary to provide vehicular and utility access to the cabin site; (ii) the right to reconstruct, operate, and maintain an easement described in clause (i); and (iii) any adjacent parcel of land that the Secretary determines should be conveyed under section 804(c)(1). (3) CABIN SITE AREA- (A) IN GENERAL- The term `cabin site area' means a portion of the Fort Peck , Hell Creek, Pines, or Rock Creek Cabin Areas referred to in paragraph (2) that is occupied by 1 or more cabin sites. (B) INCLUSION- The term `cabin site area' includes such immediately adjacent land, if any, as is needed for the cabin site area to exist as a generally contiguous parcel of land and for each cabin site in the cabin site area to meet the requirements of section 804(e)(1), as determined by the Secretary, with the concurrence of the Secretary of the Interior. (4) LAND- The term `land' means land or an interest in land. (5) LESSEE- The term `lessee' means a person that is leasing a cabin site. (6) REFUGE- The term `Refuge' means the Charles M. Russell National Wildlife Refuge in the State of Montana. SEC. 804. CONVEYANCE OF CABIN SITES. (a) IN GENERAL- (1) PROHIBITION- As soon as practicable after the date of enactment of this Act, the Secretary and the Secretary of the Interior shall prohibit the issuance of new cabin site leases within the Refuge, except as is necessary to consolidate with, or substitute for, an existing cabin site lease under paragraph (2). (2) DETERMINATION; NOTICE- Not later than 1 year after the date of enactment of this Act, and before proceeding with any exchange under this title, the Secretary shall-- (A)(i) with the concurrence of the Secretary of the Interior, determine individual cabin sites that are not suitable for conveyance to a lessee because the cabin sites are isolated so that conveyance of 1 or more of the cabin sites would create an inholding that would impair management of the Refuge; and (ii) with the concurrence of the Secretary of the Interior and the lessee, determine individual cabin sites that are not suitable for conveyance to a lessee for any other reason that adversely impacts the future habitability of the cabin sites; and (B) provide written notice to each lessee that specifies any requirements concerning the form of a notice of interest in acquiring a cabin site that the lessee may submit under subsection (b)(1) and an estimate of the portion of administrative costs that would be required to be reimbursed to the Secretary under section 808(b), to-- (i) determine whether the lessee is interested in acquiring the cabin site area of the lessee; and (ii) inform each lessee of the rights of the lessee under this title. (3) OFFER OF COMPARABLE CABIN SITE- If the Secretary determines that a cabin site is not suitable for conveyance to a lessee under paragraph (2)(A), the Secretary, in consultation with the Secretary of the Interior, shall offer to the lessee the opportunity to acquire a comparable cabin site within the same cabin site area. (b) RESPONSE- (1) NOTICE OF INTEREST- (A) IN GENERAL- Not later than July 1, 2003, a lessee shall notify the Secretary in writing of an interest in acquiring the cabin site of the lessee. (B) FORM- The notice under this paragraph shall be submitted in such form as is required by the Secretary under subsection (a)(2)(B). (2) UNPURCHASED CABIN SITES- If the Secretary receives no notice of interest or offer to purchase a cabin site from the lessee under paragraph (1) or the lessee declines an opportunity to purchase a comparable cabin site under subsection (a)(3), the cabin site shall be subject to sections 805 and 806. (c) PROCESS- After providing notice to a lessee under subsection (a)(2)(B), the Secretary, with the concurrence of the Secretary of the Interior, shall-- (1) determine whether any small parcel of land adjacent to any cabin site (not including shoreline or land needed to provide public access to the shoreline of Fort Peck Lake ) should be conveyed as part of the cabin site to-- (A) protect water quality; (B) eliminate an inholding; or (C) facilitate administration of the land remaining in Federal ownership; (2) if the Secretary and the Secretary of the Interior determine that a conveyance should be completed under paragraph (1), provide notice of the intent of the Secretary to complete the conveyance to the lessee of each affected cabin site; (3) survey each cabin site to determine the acreage and legal description of the cabin site area, including land identified under paragraph (1); (4) take such actions as are necessary to ensure compliance with all applicable environmental laws; (5) prepare permanent easements or deed restrictions to be enforceable by the Secretary of the Interior or an acceptable third party, to be placed on a cabin site before conveyance out of Federal ownership in order to-- (A) comply with the Act of May 18, 1938 (16 U.S.C. 833 et seq.); (B) comply with any other laws (including regulations); (C) ensure the maintenance of existing and adequate public access to and along Fort Peck Lake ; (D) limit future uses of the cabin site to-- (i) noncommercial, single-family use; and (ii) the type and intensity of use of the cabin site as of the date of enactment of this Act; and (E) maintain the values of the Refuge; and (6) conduct an appraisal of each cabin site (including any expansion of the cabin site under paragraph (1)) that-- (A) is carried out in accordance with the Uniform Appraisal Standards for Federal Land Acquisition; (B) excludes the value of any private improvement to the cabin site; and (C) takes into consideration-- (i) any easement or deed restriction determined to be necessary under paragraph (5) and subsection (h); and (ii) the definition of `cabin site' under section 803(2). (d) CONSULTATION AND PUBLIC INVOLVEMENT- The Secretary shall-- (1) carry out subsections (b) and (c) in consultation with-- (A) affected lessees; (B) affected counties in the State of Montana; and (C) the Association; and (2) hold public hearings, and provide all interested parties with notice and an opportunity to comment, on the activities carried out under this section. (e) CONVEYANCE- Subject to subsections (h) and (i) and section 808(b), the Secretary or, if necessary, the Secretary of the Interior shall convey a cabin site by individual patent or deed to the lessee under this title-- (1) if the cabin site complies with Federal, State, and county septic and water quality laws (including regulations); (2) if the lessee complies with other requirements of this section; and (3) after receipt of the payment from the lessee for the cabin site of an amount equal to the sum of-- (A) the appraised fair market value of the cabin site as determined in accordance with subsection (c)(6); and (B) the administrative costs required to be reimbursed under section 808. (f) VEHICULAR ACCESS- (1) IN GENERAL- Nothing in this title authorizes any addition to or improvement of vehicular access to a cabin site. (2) CONSTRUCTION- The Secretary and the Secretary of the Interior-- (A) shall not construct any road for the sole purpose of providing access to land conveyed under this section; and (B) shall be under no obligation to service or maintain any existing road used primarily for access to that land (or to a cabin site). (3) OFFER TO CONVEY- The Secretary, with the concurrence of the Secretary of the Interior, may offer to convey to the State of Montana, any political subdivision of the State of Montana, or the Association, any road determined by the Secretary to primarily service the land conveyed under this section. (g) UTILITIES AND INFRASTRUCTURE- (1) IN GENERAL- The purchaser of a cabin site shall be responsible for acquiring or securing the use of all utilities and infrastructure necessary to support the cabin site. (2) NO FEDERAL ASSISTANCE- The Secretary and the Secretary of the Interior shall not provide any utilities or infrastructure to the cabin site. (h) EASEMENTS AND DEED RESTRICTIONS- (1) IN GENERAL- Before conveying any cabin site under subsection (e), the Secretary, with the concurrence of the Secretary of the Interior, shall ensure that the deed of conveyance-- (A) includes such easements and deed restrictions as are determined, under subsection (c), to be necessary; and (B) makes the easements and deed restrictions binding on all subsequent purchasers of the cabin site. (2) RESERVATION OF RIGHTS- The Secretary may reserve the perpetual right, power, privilege, and easement to permanently overflow, flood, submerge, saturate, percolate, or erode a cabin site (or any portion of a cabin site) that the Secretary determines is necessary in the operation of the Fort Peck Dam. (i) NO CONVEYANCE OF UNSUITABLE CABIN SITES- A cabin site that is determined to be unsuitable for conveyance under subsection (a)(2)(A) shall not be conveyed by the Secretary or the Secretary of the Interior under this section. (j) IDENTIFICATION OF LAND FOR EXCHANGE- (1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary of the Interior shall identify land that may be acquired that meets the purposes of this title specified in paragraphs (1) through (4) of section 802 and for which 1 or more willing sellers exist. (2) APPRAISAL- On a request by a willing seller, the Secretary of the Interior shall appraise the land identified under paragraph (1). (3) ACQUISITION- If the Secretary of the Interior determines that the acquisition of the land would meet the purposes of this title specified in paragraphs (1) through (4) of section 802, the Secretary of the Interior shall cooperate with the willing seller to facilitate the acquisition of the land in accordance with section 807. (4) PUBLIC PARTICIPATION- The Secretary of the Interior shall hold public hearings, and provide all interested parties with notice and an opportunity to comment, on the activities carried out under this section. SEC. 805. RIGHTS OF NONPARTICIPATING LESSEES. (a) CONTINUATION OF LEASE- (1) IN GENERAL- A lessee that does not provide the Secretary with an offer to acquire the cabin site of the lessee under section 804 (including a lessee who declines an offer of a comparable cabin site under section 804(a)(3)) may elect to continue to lease the cabin site for the remainder of the current term of the lease, which, except as provided in paragraph (2), shall not be renewed or otherwise extended. (2) EXPIRATION BEFORE 2010- If the current term of a lessee described in paragraph (1) expires or is scheduled to expire before 2010, the Secretary shall offer to extend or renew the lease through 2010. (b) IMPROVEMENTS- Any improvements and personal property of the lessee that are not removed from the cabin site before the termination of the lease shall be considered property of the United States in accordance with the provisions of the lease. (c) OPTION TO PURCHASE- Subject to subsections (d) and (e) and section 808(b), if at any time before termination of the lease, a lessee described in subsection (a)(1)-- (1) notifies the Secretary of the intent of the lessee to purchase the cabin site of the lessee; and (2) pays for an updated appraisal of the cabin site in accordance with section 804(c)(6); the Secretary or, if necessary, the Secretary of the Interior shall convey the cabin site to the lessee, by individual patent or deed, on receipt of payment from the lessee for the cabin site of an amount equal to the sum of the appraised fair market value of the cabin site, as determined by the updated appraisal, and the administrative costs required to be reimbursed under section 808. (d) EASEMENTS AND DEED RESTRICTIONS- Before conveying any cabin site under subsection (c), the Secretary, with the concurrence of the Secretary of the Interior, shall ensure that the deed of conveyance-- (1) includes such easements and deed restrictions as are determined, under section 804(c), to be necessary; and (2) makes the easements and deed restrictions binding on all subsequent purchasers of the cabin site. (e) NO CONVEYANCE OF UNSUITABLE CABIN SITES- A cabin site that is determined to be unsuitable for conveyance under subsection 804(a)(2)(A) shall not be conveyed by the Secretary or the Secretary of the Interior under this section. (f) REPORT- Not later than July 1, 2003, the Secretary shall submit to Congress a report that-- (1) describes progress made in implementing this title; and (2) identifies cabin owners that have filed a notice of interest under section 804(b) and have declined an opportunity to acquire a comparable cabin site under section 804(a)(3). SEC. 806. CONVEYANCE TO THIRD PARTIES. (a) CONVEYANCES TO THIRD PARTIES- As soon as practicable after the expiration or surrender of a lease, the Secretary, with the concurrence of the Secretary of the Interior, may offer for sale, by public auction, written invitation, or other competitive sales procedure, and at the fair market value of the cabin site determined under section 804(c)(6), any cabin site that-- (1) is not conveyed to a lessee under this title; and (2) has not been determined to be unsuitable for conveyance under section 804(a)(2)(A). (b) EASEMENTS AND DEED RESTRICTIONS- Before conveying any cabin site under subsection (a), the Secretary, with the concurrence of the Secretary of the Interior, shall ensure that the deed of conveyance-- (1) includes such easements and deed restrictions as are determined, under section 804(c), to be necessary; and (2) makes the easements and deed restrictions binding on all subsequent purchasers of the cabin site. (c) MANAGEMENT OF REMAINING LAND WITHIN CABIN SITE AREAS- (1) MANAGEMENT BY THE SECRETARY- All land within the outer boundaries of a cabin site area that is not conveyed under this Act shall be managed by the Secretary, in consultation with the Secretary of the Interior, in substantially the same manner as that land is managed on the date of enactment of this Act and consistent with the purposes for which the Refuge was established. (2) CONSTRUCTION AND DEVELOPMENT- The Secretary shall not initiate or authorize any development or construction on land under paragraph (1) except with the concurrence of the Secretary of the Interior. SEC. 807. USE OF PROCEEDS. (a) PROCEEDS- All payments for the conveyance of cabin sites under this title, except costs reimbursed to the Secretary under section 808(b)-- (1) shall be deposited in a special fund within the Montana Fish and Wildlife Conservation Trust established under section 1007 of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (112 Stat. 2681-715) (as amended by title IV of H.R. 3425 of the 106th Congress, as enacted by section 1000(a)(5) of Public Law 106-113 (113 Stat. 1536, 1501A-307); and (2) notwithstanding title X of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (112 Stat. 2681-710), shall be available for use by the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service in the Director's sole discretion and without further Act of appropriation, solely for the acquisition from willing sellers of property that-- (A) is within or adjacent to the Refuge; (B) would be suitable to carry out the purposes of this title specified in paragraphs (1) through (4) of section 802; and SEC. 808. ADMINISTRATIVE COSTS. (a) IN GENERAL- Except as provided in subsection (b), the Secretary shall pay all administrative costs incurred in carrying out this title. (b) REIMBURSEMENT- As a condition of the conveyance of any cabin site area under this title, the Secretary or the Secretary of the Interior-- (1) may require the party to whom the property is conveyed to reimburse the Secretary or the Secretary of the Interior for a reasonable portion, as determined by the Secretary or the Secretary of the Interior, of the direct administrative costs (including survey costs) incurred in carrying out conveyance activities under this title, taking into consideration any cost savings achieved as a result of the party's agreeing to purchase its cabin site as part of a single transaction for the conveyance of multiple cabin sites; and (2) shall require the party to whom the property is conveyed to reimburse the Association for a proportionate share of the costs (including interest) incurred by the Association in carrying out transactions under this title. SEC. 809. REVOCATION OF WITHDRAWALS. (a) IN GENERAL- Upon execution of any patent or deed, by the Secretary or the Secretary of the Interior, conveying land as specifically authorized by this title, any public land withdrawal affecting the land described in the conveyance document as being conveyed shall be revoked with respect to that land. (b) EXCLUSIONS- Nothing in this section affects-- (1) the status of any public land withdrawal on land retained by the Secretary or the Secretary of the Interior; (2) the boundary of the Refuge as established by Executive Order No. 7509 (December 11, 1936); or (3) enforcement of any right retained by the United States. (c) REINSTATEMENT- If, at any time after the date of enactment of this Act, the Secretary or the Secretary of the Interior reacquires land conveyed under this title, any public land withdrawal revoked under this section shall be reinstated with respect to the reacquired land. SEC. 810. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this title. |