To authorize the Secretary of Agriculture to accept the donation of certain land in the Mineral Hill-Crevice Mountain Mining District in the State of Montana, and for other purposes.

To authorize the Secretary of Agriculture to accept the donation of certain land in the Mineral Hill-Crevice Mountain Mining District in the State of Montana, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Mineral Hill Historic Mining District Preservation Act of 2002'.

SEC. 2. FINDINGS AND PURPOSES.

(a) FINDINGS- Congress finds that--

(1) the Mineral Hill Mine located north of Yellowstone National Park in the Gallatin National Forest possesses outstanding natural characteristics, wildlife habitats, and historic and educational values that would make the land a valuable addition to the National Forest System;

(2) the mining industry in the State of Montana played an important role in the settlement and development of the western United States;

(3) to understand the present and future development of natural resources in the United States, it is necessary to study the history of the mining industry;

(4) the Jardine Historic Mining District, located in the Mineral Hill-Crevice Mountain Mining District, includes historically significant structures that should be retained, restored, maintained, managed, and interpreted;

(5) TVX Mineral Hill, Inc., the owner of the Mineral Hill Mine, has offered to donate to the Secretary of Agriculture all right, title, and interest of the company in and to the mine; and

(6) the Secretary of Agriculture should--

(A) accept the donation of the Mineral Hill Mine to maintain and preserve the Jardine Historic Mining District and the associated mine site for the benefit, use, and education of present and future generations; and

(B) manage and protect the natural characteristics and wildlife habitats on the donated land, consistent with the management by the Secretary of Agriculture of adjoining land in the Gallatin National Forest.

(b) PURPOSES- The purposes of this Act are--

(1) to authorize the Secretary of Agriculture to accept the donation of certain land located within the boundaries of the Gallatin National Forest;

(2) to provide for the management and maintenance of the donated land and associated structures for the benefit, use, and education of present and future generations; and

(3) to promote cooperation between the Secretary of Agriculture, Montana Tech of the University of Montana, and other public and private entities for the purpose of providing interpretive, educational, and other services relating to the donated land.

SEC. 3. DEFINITIONS.

In this Act:

(1) AGREEMENT- The term `Agreement' means the document entitled `Donation Agreement between TVX Mineral Hill, Inc., and the United States Department of Agriculture, Forest Service', including any associated maps or exhibits.

(2) COMPANY-

(A) IN GENERAL- The term `company' means TVX Mineral Hill, Inc., a company incorporated under the laws of the State of Minnesota.

(B) INCLUSIONS- The term `company' includes--

(i) any successors and assigns of the company; and

(ii) any other entity that has an interest in the donated land.

(3) DONATED LAND- The term `donated land' means the non-Federal land and associated mineral rights on Federal land--

(A) located in the Gallatin National Forest in an area known as the `Mineral Hill-Crevice Mountain Mining District', Park County, Montana; and

(B) comprised of--

(i) approximately 570 acres of non-Federal land (including mineral rights, structures, improvements, and appurtenances); and

(ii) approximately 194 acres of mineral rights on Federal land.

(4) FOREST PLAN- The term `Forest Plan' means the plan entitled the `Gallatin National Forest Land and Resource Management Plan'.

(5) FUND- The term `Fund' means the Mineral Hill Historic Mining District Fund established by section 7(a).

(6) MAP- The term `map' means the map entitled `Mineral Hill Donation--April, 2001'.

(7) SECRETARY- The term `Secretary' means the Secretary of Agriculture.

SEC. 4. RATIFICATION OF THE AGREEMENT.

(a) RATIFICATION- All terms, conditions, procedures, covenants, reservations, and other provisions described in the Agreement, as a matter of Federal law--

(1) are incorporated in this Act;

(2) are ratified and confirmed; and

(3) describe the rights and obligations of the Secretary and the company.

(b) CHANGES- The Secretary or the company may modify or amend the Agreement if--

(1) the Secretary and the company agree to the modification or amendment; and

(2) the Secretary provides to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate written notice of the modification or amendment.

SEC. 5. ACCEPTANCE OF DONATED LAND.

(a) IN GENERAL- If the Secretary determines that the conditions under subsection (c) have been satisfied, the Secretary may accept all right, title, and interest in and to the donated land, as depicted on the map.

(b) MAP-

(1) AVAILABILITY- The map shall be on file and available for public inspection in--

(A) the Office of the Chief of the Forest Service; and

(B) the office of the Forest Supervisor, Gallatin National Forest, Bozeman, Montana.

(2) CONFLICT- In the case of any conflict between the map, legal description, and deed of conveyance, the legal description shall control.

(c) CONDITIONS- Before accepting title to the donated land under subsection (a), the Secretary must--

(1) find--

(A)(i) that the title to each parcel of donated land is acceptable and in conformity with the title review standards of the Attorney General; or

(ii) if the title is not acceptable under clause (i), that the company has satisfied any corrective actions with regard to the title that the Secretary recommends;

(B) that any boundary overlaps and encroachments on the donated land have been resolved by the company;

(C) that the plan to reclaim the property has been successfully completed in accordance with the Agreement, except for post-reclamation monitoring, operation, and maintenance; and

(D) that the company has obtained pollution liability insurance on the donated land--

(i) of at least $10,000,0000 in coverage;

(ii) that is in effect until September 8, 2012;

(iii) that names the Secretary as an additional insured;

(iv) that has a deductible not greater than $1,000,000; and

(v) that is satisfactory to the Secretary; and

(2) approve the form and substance of all documents associated with the conveyance of the donated land.

(d) PERMITS- On acceptance of the donated land under subsection (a), the Secretary shall accept and meet the requirements of permits that--

(1) have been issued to the company;

(2) are in effect as of the date of the acceptance; and

(3) relate to the Mineral Hill Mine.

(e) RECORDATION- Not later than 60 days after the date of acceptance under subsection (a), the Secretary shall record the warranty deeds transferring title to the donated land to the Secretary.

(f) LIABILITY- Except as provided under subsection (d), acceptance of the donated land by the Secretary under this section does not relieve the company of any liability or responsibility relating to the company's ownership of mining operations or other operations on the donated land.

SEC. 6. ADMINISTRATION.

(a) IN GENERAL- The Secretary shall manage the donated land as part of the National Forest System.

(b) APPLICABLE LAW-

(1) IN GENERAL- Except as provided in paragraph (2), the donated land shall be subject to the law (including regulations) applicable to the National Forest System.

(2) EXCEPTION- The donated land shall not be subject to location and entry under the mining laws of the United States.

(c) LAND MANAGEMENT PLANNING- The Secretary shall manage the donated land--

(1) until the date on which the Secretary approves a revised version of the Forest Plan that addresses the addition of the donated land--

(A) in accordance with the Forest Plan in effect on the date of enactment of this Act; and

(B) consistent with the management of National Forest System land that is adjacent to the donated land; and

(2) after the date on which the revised Forest Plan is approved under paragraph (1), in accordance with the revised Forest Plan.

(d) DONATIONS- The Secretary may solicit and accept donations from public and private agencies, educational institutions, corporations, organizations, and individuals for the purpose of carrying out this Act.

(e) BUILDINGS, STRUCTURES, AND OTHER FEATURES-

(1) IN GENERAL- The Secretary may retain, restore, maintain, manage, and interpret buildings, structures, and other features on the donated land in existence on the date of enactment of this Act in accordance with--

(A) applicable law; and

(B) as the Secretary determines to be appropriate, the study entitled `Architectural Assessment Recommendations & Costs of Historic Structures: Mineral Hill Mine, Jardine, Montana', dated October 2000 and revised January 2001, and prepared by A&E Architects, P.C., of Missoula, Montana.

(2) REMOVAL-

(A) IN GENERAL- The Secretary may remove any building, structure, or other feature on the donated land that is not selected for retention, restoration, maintenance, management, or interpretation under paragraph (1).

(B) OTHER LAWS NOT APPLICABLE- In removing a building, structure, or other feature under subparagraph (A), the Secretary shall not be required--

(i) to conduct any assessments in addition to the study under paragraph (1)(B); or

(ii) to comply with any other law (including regulations).

(3) EFFECT- Nothing in this subsection restricts the authority of the Secretary to manage or dispose of Federal property.

(f) CEMETERY SITE-

(1) IN GENERAL- The Secretary shall allow access to the cemetery located on the donated land for the purposes of visitation, upkeep, and maintenance.

(2) NEW BURIALS- The Secretary, or a unit of local government or cemetery association to which the cemetery site is conveyed under paragraph (3), shall not allow any burials at the cemetery site after the date of enactment of this Act.

(3) CONVEYANCE- The Secretary may convey to a unit of local government or cemetery association the cemetery site, without consideration and subject to any terms and conditions that the Secretary may require, for perpetual operation and maintenance of the site as a cemetery.

SEC. 7. MINERAL HILL HISTORIC MINING DISTRICT FUND.

(a) ESTABLISHMENT- There is established in the Treasury of the United States an account to be known as the `Mineral Hill Historic Mining District Fund', consisting of--

(1) such amounts as are appropriated to the Fund under subsection (b);

(2) such amounts as are appropriated to the Fund under section 8; and

(3) any interest earned on investment of amounts in the Fund under subsection (d).

(b) TRANSFERS TO FUND-

(1) NATURAL RESOURCES RECEIPTS- Notwithstanding any other provision of law, there are appropriated to the Fund from amounts collected by the Secretary of the Interior as fees and receipts from oil, gas, timber, coal, and other natural resources on all Federal land--

(A) $4,115,000 for fiscal year 2003; and

(B) $365,000 for fiscal year 2004 and each fiscal year thereafter, adjusted annually to reflect changes in the Consumer Price Index for All Urban Consumers published by the Department of Labor.

(2) DONATIONS- There are appropriated to the Fund amounts equivalent to amounts received in the Treasury under section 6(d).

(c) EXPENDITURES FROM FUND.

(1) IN GENERAL- Subject to paragraph (2), on request by the Secretary, without further appropriation, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are necessary to pay--

(A) the costs of the Secretary associated with acquiring the donated land under section 5;

(B) the costs of retention, restoration, maintenance, management, interpretation, or removal of buildings, structures, and other features on the donated land under section 6(e);

(C) the costs of response and restoration actions on the donated land, including costs associated with--

(i) compliance with the substantive requirements of the post-closure monitoring plan; and

(ii) operation and maintenance activities relating to the donated land, as determined to be appropriate by the Secretary;

(D) in cooperation with Montana Tech of the University of Montana, the costs of public education and interpretation of the history and geology of the donated land, including the mining industry and community life associated with the donated land;

(E) the costs of grants to, contracts with, and cooperative agreements with units of Federal, State, or local government, educational institutions, corporations, organizations, and individuals for interpretative, administrative, environmental response, and environmental restoration activities; and

(F) the insurance deductible under section 5(c)(1)(D)(iv).

(2) ADMINISTRATIVE EXPENSES- An amount not exceeding 10 percent of the amounts in the Fund shall be available in each fiscal year to pay the administrative expenses necessary to carry out this Act.

(d) INVESTMENT OF AMOUNTS-

(1) IN GENERAL- The Secretary of the Treasury shall invest such portion of the Fund that is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest-bearing obligations of the United States.

(2) ACQUISITION OF OBLIGATIONS- For the purpose of investments under paragraph (1), obligations may be acquired--

(A) on original issue at the issue price; or

(B) by purchase of outstanding obligations at the market price.

(3) SALE OF OBLIGATIONS- Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price.

(4) CREDITS TO FUND- The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund.

(e) TRANSFERS OF AMOUNTS-

(1) IN GENERAL- The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury.

(2) ADJUSTMENTS- Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.

(f) NO DEFERRAL OR RESCISSION- Amounts deposited in the Fund under this section shall not be subject to deferral or rescission under the Budget Impoundment and Control Act of 1974 (2 U.S.C. 621 et seq.)

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are necessary to carry out this Act.