Library / Laws / 113th / s / S. 37 / Reported in Senate
II
Calendar No. 391
113th CONGRESS
2d Session
S. 37
[Report No. 113–165]
IN THE SENATE OF THE UNITED STATES
January 22 (legislative day, January 3), 2013Mr. Tester (for himself, Mr. Baucus, and Mr. Walsh) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
May 22, 2014Reported by Ms. Landrieu, with an amendmentStrike out all after the enacting clause and insert the part printed in italic
A BILL
To sustain the economic development and recreational use of National Forest System land and other
public land in the State of Montana, to add certain land to the National
Wilderness Preservation System, to release certain wilderness study areas,
to designate new areas for recreation, and for other purposes.
1.
Short
title; table of contents
(a)
Short
title
This Act may be cited
as the Forest Jobs and Recreation Act
of 2013.
(b)
Table of
contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of
contents.TITLE I—Montana Forest Jobs and Restoration
InitiativeSec. 101. Purpose.Sec. 102. Definitions.Sec. 103. Montana Forest Jobs and Restoration Pilot
Initiative.Sec. 104. Authorized forest and watershed restoration
projects.Sec. 105. Miscellaneous.TITLE II—Designation of wilderness and special management areas
in MontanaSec. 201. Purposes.Sec. 202. Definitions.Sec. 203. Designation of wilderness areas.Sec. 204. Administration of wilderness areas.Sec. 205. Release of Bureau of Land Management study
areas.Sec. 206. Release of Sapphire and West Pioneer Wilderness Study
Areas.Sec. 207. Special management and recreation management
areas.Sec. 208. All-terrain-vehicle study and report.
I
Montana Forest
Jobs and Restoration Initiative
101.
Purpose
The purpose of this title is to establish an
initiative—
(1) to preserve and
create local jobs in rural communities that are located in or near
National
Forest System land;
(2) to create an
immediate, predictable, and increased flow of wood fiber with commercial
value
to support and maintain locally based infrastructure and economies that
are
necessary for the appropriate management and restoration of National
Forest
System land;
(3) to promote
cooperation and collaboration in the management of National Forest System
land;
(4) to restore and
improve the ecological structure, composition, and function and the
natural
processes of priority watersheds within the National Forest System;
(5) to carry out
collaborative projects to reduce the risk of disturbances from fire,
insects,
and disease to communities, watersheds, and natural resources through a
collaborative process of planning, prioritizing, and implementing
ecological
restoration and hazardous fuel reduction projects; and
(6) to collect
information from the projects carried out under this title in an effort to
better understand the manner in which to improve forest restoration and
management activities.
102.
Definitions
In this title:
(1)
Authorized
forest and watershed restoration project
The term
authorized forest and watershed restoration project means a
collection of activities within a watershed area that are carried out—
(A) on eligible land;
and
(B) to achieve the
purposes of this title.
(2)
Decommission
The
term decommission means—
(A) to reestablish
vegetation on a road or trail; and
(B) to restore any
natural drainage, watershed function, or other ecological processes that
are
disrupted or adversely impacted by the road or trail by removing or
hydrologically disconnecting the road prism.
(3)
Eligible
land
The term eligible land means—
(A) land within the
approximately 1,900,000 acres of land in the Beaverhead-Deerlodge National
Forest designated as Suitable for Timber Production and
Timber Harvest Is Allowed as generally depicted on the map
entitled Beaverhead-Deerlodge National Forest, Revised Forest Plan,
Modeled Timber Harvest Classification and dated December 10, 2008;
and
(B)
(i) land within the Three
Rivers Ranger District of the Kootenai National Forest; and
(ii) any land within the adjacent
ranger districts of the Kootenai National Forest that is necessary to
achieve
the requirements of section 103(b).
(4)
INFISH
The
term INFISH means the land and resource management plan amendments
made before the date of enactment of this Act arising from the document—
(A) entitled
Inland Native Fish Strategy;
(B) published by the
Department of Agriculture; and
(C) dated July 28,
1995.
(5)
Initiative
The
term Initiative means the Montana Forest Jobs and Restoration
Pilot Initiative established by section 103(a).
(6)
Mechanical
treatment
(A)
In
general
The term mechanical treatment means an
activity that uses a tool to remove fiber that has commercial value to
local
markets in the vicinity of the area treated.
(B)
Inclusions
The
term mechanical treatment includes leaving fiber on the forest
floor after treatment with a tool, if an option for removal of the fiber
was
provided.
(C)
Exclusions
The
term mechanical treatment excludes prescribed burning.
(7)
Secretary
The
term Secretary means the Secretary of Agriculture, acting through
the Chief of the Forest Service.
(8)
Stewardship
contract
The term stewardship contract means a
contract authorized under section 347 of the Omnibus Consolidated and
Emergency
Supplemental Appropriations Act, 1999 (16 U.S.C. 2104 note; Public Law
105–277)
to carry out land management goals that meet local and rural community
needs
through a source that is selected on a best-value basis.
(9)
Watershed
area
The term watershed area means 1 or more
subwatersheds (also known as 6th code hydrologic units).
103.
Montana Forest
Jobs and Restoration Pilot Initiative
(a)
Establishment
There
is established the Montana Forest Jobs and Restoration Pilot Initiative
under
which the Secretary shall implement authorized forest and watershed
restoration
projects and other land management projects on eligible land to achieve—
(1) the performance
requirements under subsection (b); and
(2) the purposes of
this title.
(b)
Performance
requirements
Subject to
subsection (g), on the eligible land, the Secretary shall place under
contract
for the mechanical treatment of vegetation—
(1) on the
Beaverhead-Deerlodge National Forest, a minimum of 5,000 acres annually
until
the date on which a total of 70,000 acres in the National Forest have been
placed under contract; and
(2) on the Kootenai
National Forest—
(A) 2,000 acres
during the first year after the date of enactment of this Act;
(B) 2,500 acres
during the second year after the date of enactment of this Act; and
(C) 3,000 acres
during each subsequent year until the date on which a total of 30,000
acres in
the National Forest have been placed under contract.
(c)
Collaboration
(1)
In
general
For each National Forest within the Initiative, the
Secretary shall identify 1 or more collaborative groups or resource
advisory
committees that support the achievement of the purposes of this title.
(2)
Composition
A
collaborative group or resource advisory committee identified under
paragraph
(1) shall include multiple interested persons representing diverse
interests in
forest and watershed management.
(3)
Consultation
The
Secretary shall consult with a collaborative group or resource advisory
committee identified under paragraph (1) in the development and
implementation
of each authorized forest and watershed restoration project carried out
under
the Initiative.
(4)
Expansion
The
Secretary shall seek to expand the public participation and diversity of
interests involved in the implementation of the Initiative in each
National
Forest participating in the Initiative.
(d)
Administrative
review
(1)
In
general
The administrative review provisions of section 105 of
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6515) shall apply
to any
administrative review of authorized forest and watershed restoration
projects
carried out under this title.
(2)
Proposed
decision
The Secretary shall provide notice of, and distribute, a
proposed administrative decision with the environmental assessment or
final
environmental impact statement for any project subject to review under
paragraph (1).
(3)
Independent
mediator
If 1 or more of the parties to a special administrative
review process under paragraph (1) requests a mediator to help facilitate
the
process, an independent mediator may be used for the administrative review
process.
(e)
Judicial
review
Any judicial proceeding arising from an authorized forest
and watershed restoration project shall be conducted in accordance with
section
106 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6516).
(f)
Reports
(1)
Annual
summary
The Secretary shall provide to the appropriate committees
of Congress an annual summary of the progress of the Initiative toward
accomplishing the purposes of this title, including the performance
requirements established under subsection (b).
(2)
Progress
report
(A)
In
general
Not later than 5 years after the date of enactment of
this Act and every 5 years thereafter, the Secretary shall submit to the
appropriate committees of Congress a report that assesses the progress of
the
Initiative toward accomplishing the purposes of this title.
(B)
Inclusions
The
report under subparagraph (A) shall include an analysis, with respect to
the
Initiative, of—
(i) fire and fuel
dynamics, including changes in—
(I) condition and
class; and
(II) fuel levels and
distribution;
(ii) biodiversity,
including the selection of plant, terrestrial animals, and aquatic
organisms;
(iii) soil and water,
including soil movement, water quality, stream flows, and soil
productivity;
(iv) economic
effects, including job creation, labor income, and energy; and
(v) social
implications, including land management practices, aesthetics, and
attitudes
towards land use.
(C)
Data
analysis
In preparing the report under this paragraph, the
Secretary may consult with regional institutions of higher education and
institutions with the capacity to coordinate, analyze, and archive the
data
collected as a result of monitoring under the Initiative.
(g)
Effect on other
funds
Amounts expended under the Initiative shall not reduce the
allocations of appropriated funds to the Secretary for use in other
regions of
the Forest Service or other States.
(h)
Expansion of
initiative
(1)
In
general
The Secretary may elect to include the Seeley Ranger
District of the Lolo National Forest in the Initiative, if—
(A) the Seeley Ranger
District no longer receives funding under section 4003(b)(1)(B) of the
Omnibus
Public Land Management Act of 2009 (16 U.S.C. 7303(b)(1)(B)); and
(B) a local
collaborative group for the District requests inclusion in the
Initiative.
(2)
Requirements
On
the election by the Secretary to include the Seeley Ranger District in the
Initiative, the requirements of the Initiative under this title shall
apply to
the District.
(i)
Termination
date
(1)
In
general
The Initiative shall terminate on the later of—
(A) the date that is
15 years after the date of enactment of this Act; or
(B) the date on which
the Secretary determines that the performance requirements under
subsection (b)
have been achieved.
(2)
Effect
Nothing
in this subsection affects a valid contract in effect on the termination
date
under paragraph (1).
104.
Authorized
forest and watershed restoration projects
(a)
Implementation
(1)
In
general
The Secretary shall annually implement 1 or more
authorized forest and watershed restoration projects on the eligible
land.
(2)
Landscape-scale
projects
The Secretary shall implement in 1 or more watershed
areas authorized forest and watershed restoration projects that provide
landscape-scale work with the goal of minimizing entries into the
watershed.
(3)
Stewardship
contracts
(A)
In
general
To the maximum extent practicable, the Secretary shall
enter into stewardship contracts or agreements to carry out authorized
forest
and watershed restoration projects.
(B)
Stewardship
contract priorities
In developing a stewardship contract under
subparagraph (A), the Secretary shall, after consultation with the
relevant
collaborative groups or resource advisory committees identified under
section
103(c)(1), prioritize areas consistent with the priorities described in
paragraph (4).
(4)
Priority
Consistent
with the purposes of this title, the Secretary shall give priority to
carrying
out authorized forest and watershed restoration projects in areas—
(A) in which the road
density exceeds 1.5 miles per square mile;
(B) in the
wildland-urban interface (as defined in section 101 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6511)) that are at risk of wildfire
that
threatens public infrastructure or private property;
(C) in which fish and
wildlife habitat connectivity is compromised as a result of past
management
practices; and
(D) that contain
forests that are at risk from insect epidemics or high-severity
wildfires.
(5)
Environmental
review
An environmental review of authorized forest and watershed
restoration projects shall be carried out in accordance with section 104
of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6515), except that—
(A) the review shall
also address—
(i) the
activities necessary to meet the purposes and requirements of this title;
and
(ii) the
site-specific impacts of an authorized forest and watershed restoration
project;
(B) on signing of a
record of decision or finding of no significant impact for the authorized
forest and watershed restoration project, the Secretary shall implement
the
authorized forest and watershed restoration project; and
(C) if the Secretary
or a court determines that additional review is warranted due to
significant
new circumstances after implementation of an authorized forest and
watershed
restoration project has begun, the additional analysis shall not interrupt
the
implementation of the activities that are not subject to the additional
review,
in accordance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(b)
Project
requirements
(1)
Riparian
habitat protection
(A)
In
general
Except as provided in subparagraph (B), the Secretary
shall comply with INFISH in carrying out each authorized forest and
watershed
restoration project.
(B)
Modifications
The
Secretary may modify INFISH if the Secretary determines, after taking into
consideration the best available science, that the modifications would
meet or
exceed the intent and goals of INFISH.
(2)
Roads
In
carrying out any authorized forest and watershed restoration project under
this
title, the Secretary shall—
(A) not construct any
permanent road, unless—
(i) the
Secretary determines that the road is a justifiable realignment of a
permanent
road to restore or improve the ecological structure, composition, and
function
and the natural processes of the affected forest or watershed; and
(ii) the replaced
road bed is decommissioned by removing the road prism; and
(B) decommission any
temporary road constructed to carry out the land management project by the
conclusion of the contract.
(3)
Road
density
(A)
In
general
Except as provided in subparagraph (B), the Secretary, at
the conclusion of an authorized forest and watershed restoration project,
shall
achieve a road density maximum of 1.5 linear miles per square mile,
averaged
over the watershed area.
(B)
Exceptions
Notwithstanding
subparagraph (A), the maximum road density provided in an applicable land
management plan shall apply if—
(i) the
applicable land management plan requires a road density maximum that is
less
than that required under subparagraph (A); or
(ii) the authorized
forest and watershed restoration project is carried out in an area
governed by
an interagency grizzly bear conservation plan.
(C)
Applicable
law
For purposes of determining compliance with the maximum road
density under subparagraph (A), the Secretary shall use the definitions of
the
terms National Forest System road and unauthorized road
or trail provided in section 212.1 of title 36, Code of Federal
Regulations (or a successor regulation).
(D)
Method
The
road density established under subparagraph (A) may be accomplished
through a
combination of decommissioning and year-round permanent closure, except
that
the Secretary shall prioritize for decommissioning any roads adversely
affecting water quality or fish habitat.
(4)
Vegetation
management
The Secretary shall design authorized forest and
watershed restoration projects to produce commercial and noncommercial
wood
products, consistent with the purposes of this title.
105.
Miscellaneous
(a)
In
general
Except as otherwise provided in this title, the Secretary
shall administer the National Forests subject to the Initiative in
accordance
with applicable law.
(b)
Agency
participation
The Secretary may, in accordance with applicable
law, permit a Field Manager from each applicable Bureau of Land Management
office, the Seeley Lake District Ranger of the Lolo National Forest, and
the
Lincoln District Ranger of the Helena National Forest to serve on the
Board of
Directors of the Blackfoot Challenge in the official capacities of the
Bureau
of Land Management and the districts, respectively.
(c)
Biomass
To
help improve forest restoration activities by using and creating markets
for
small-diameter material and low-valued trees removed from forest
restoration
activities in the State, the Secretary may provide grants through the
Woody
Biomass Utilization Grant Program or any other biomass program in
accordance
with applicable law.
II
Designation of
wilderness and special management areas in Montana
201.
Purposes
The purposes of this title are—
(1) to protect and enhance motorized
recreational opportunities in the Beaverhead-Deerlodge National Forest,
the
Lolo National Forest, and the Kootenai National Forest; and
(2) to protect and enhance the wild heritage
and backcountry traditions of the State through—
(A) the addition of certain land to the
National Wilderness Preservation System; and
(B) the management of other land in a manner
that preserves existing primitive and semi-primitive recreational
activities.
202.
Definitions
In this title:
(1)
Beaverhead-deerlodge
national forest
The term Beaverhead-Deerlodge National
Forest means the National Forest that is—
(A) comprised
of—
(i) the
Beaverhead National Forest; and
(ii) the Deerlodge
National Forest; and
(B) managed by the
Secretary concerned as a single administrative unit.
(2)
Designated
road, trail, or area
The term designated road, trail, or
area has the meaning given the term in section 212.1 of title 36, Code
of Federal Regulations (or a successor regulation).
(3)
Forest
plan
The term forest plan means a land and resource
management plan prepared in accordance with section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604).
(4)
Secretary
concerned
The term Secretary concerned means—
(A) the Secretary of
Agriculture, acting through the Chief of the Forest Service, with respect
to
National Forest System land; and
(B) the Secretary of
the Interior, with respect to land managed by the Bureau of Land
Management
(including land held for the benefit of an Indian tribe).
(5)
State
The
term State means the State of Montana.
203.
Designation of
wilderness areas
(a)
Land
administered by the forest service
In furtherance of the purposes
of the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the
State are designated as wilderness areas and as components of the National
Wilderness Preservation System:
(1)
Anaconda
pintlar wilderness additions
Certain land in the
Beaverhead-Deerlodge National Forest, comprising approximately 65,407
acres, as
generally depicted on the map entitled Anaconda-Pintlar Wilderness
Additions and dated September 13, 2010, is incorporated in, and shall
be considered to be a part of, the Anaconda-Pintlar Wilderness.
(2)
Bob marshall
wilderness additions
Certain land in the Lolo National Forest,
comprising approximately 40,072 acres generally depicted as the North
Fork Blackfoot-Monture Creek Wilderness Addition (Bob Marshall
Addition) and approximately 7,792 acres generally depicted as the
Grizzly Basin of the Swan Range Wilderness Addition on the map
entitled Bob Marshall, Mission Mountains and Scapegoat Wilderness
Additions and Otatsy Recreation Management Area and dated September 13,
2010, is incorporated in, and shall be considered to be a part of, the Bob
Marshall Wilderness.
(3)
Dolus lakes
wilderness
Certain land in the Beaverhead-Deerlodge National
Forest, comprising approximately 9,407 acres, as generally depicted on the
map
entitled Dolus Lakes Wilderness and dated September 13, 2010,
which shall be known as the Dolus Lakes Wilderness.
(4)
East pioneers
wilderness
Certain land in the Beaverhead-Deerlodge National
Forest, comprising approximately 77,438 acres, as generally depicted on
the map
entitled East Pioneers Wilderness and dated September 13, 2010,
which shall be known as the East Pioneers Wilderness.
(5)
Electric peak
wilderness
Certain land in the Beaverhead-Deerlodge National
Forest, comprising approximately 5,670 acres, as generally depicted on the
map
entitled Electric Peak Wilderness and Thunderbolt Creek Recreation
Management Area and dated September 13, 2010, which shall be known as
the Electric Peak Wilderness.
(6)
Highlands
wilderness
Certain land in the Beaverhead-Deerlodge National
Forest, comprising approximately 15,659 acres, as generally depicted on
the map
entitled Highlands Wilderness Area and Special Management Area
and dated September 13, 2010, which shall be known as the Highlands
Wilderness.
(7)
Italian peaks
wilderness
Certain land in the Beaverhead-Deerlodge National
Forest, comprising approximately 29,677 acres, as generally depicted on
the map
entitled Italian Peaks Wilderness and dated September 13, 2010,
which shall be known as the Italian Peaks Wilderness.
(8)
Lee metcalf
wilderness additions
Certain land in the Beaverhead-Deerlodge
National Forest, comprising approximately 17,201 acres, as generally
depicted
on the map entitled Lee Metcalf Wilderness Additions and dated
September 13, 2010, is incorporated in, and shall be considered to be a
part
of, the Lee Metcalf Wilderness.
(9)
Lima peaks
wilderness
Certain land in the Beaverhead-Deerlodge National
Forest, comprising approximately 35,012 acres, as generally depicted on
the map
entitled Lima Peaks Wilderness and dated September 13, 2010,
which shall be known as the Lima Peaks Wilderness.
(10)
Mission
mountains wilderness addition
Certain land in the Lolo National
Forest, which comprises approximately 4,460 acres, as generally depicted
as the
West Fork Clearwater Wilderness Addition on the map entitled
Bob Marshall, Mission Mountains and Scapegoat Wilderness Additions and
Otatsy Recreation Management Area and dated September 13, 2010, is
incorporated in, and shall be considered to be a part of, the Mission
Mountains
Wilderness designated by Public Law 93–632 (88 Stat. 2153).
(11)
Mount
jefferson wilderness
Certain land in the Beaverhead-Deerlodge
National Forest, comprising approximately 4,469 acres, as generally
depicted on
the map entitled Mount Jefferson Wilderness and dated September
13, 2010, which shall be known as the Mount Jefferson
Wilderness.
(12)
Quigg peak
wilderness
Certain land in the Beaverhead-Deerlodge National
Forest, comprising approximately 8,275 acres, as generally depicted on the
map
entitled Quigg Peak Wilderness and dated September 13, 2010,
which shall be known as the Quigg Peak Wilderness.
(13)
Roderick
wilderness
Certain land in the Kootenai National Forest, which
comprises approximately 29,467 acres, as generally depicted as the
Roderick Wilderness Area on the map entitled Roderick
Wilderness and Special Management Area and Three Rivers Special Management
Area and dated September 13, 2010, which shall be known as the
Roderick Wilderness.
(14)
Sapphires
wilderness
Certain land in the Beaverhead-Deerlodge National
Forest, comprising approximately 43,101 acres, as generally depicted on
the map
entitled Sapphires Wilderness and dated September 13, 2010,
which shall be known as the Sapphires Wilderness.
(15)
Scapegoat
wilderness additions
Certain land in the Lolo National Forest,
which comprises approximately 30,967 acres, as generally depicted as the
North Fork Blackfoot-Monture Creek Wilderness Addition (Scapegoat
Addition) on the map entitled Bob Marshall, Mission Mountains
and Scapegoat Wilderness Additions and Otatsy Recreation Management
Area and dated September 13, 2010, is incorporated in, and shall be
considered to be a part of, the Scapegoat Wilderness designated by Public
Law
92–395 (86 Stat. 578).
(16)
Snowcrest
wilderness
Certain land in the Beaverhead-Deerlodge National
Forest, comprising approximately 91,561 acres, as generally depicted on
the map
entitled Snowcrest Wilderness and dated September 13, 2010,
which shall be known as the Snowcrest Wilderness.
(17)
Stony mountain
wilderness
Certain land in the Beaverhead-Deerlodge National
Forest, comprising approximately 14,213 acres, as generally depicted on
the map
entitled Stony Mountain Wilderness and dated September 13, 2010,
which shall be known as the Stony Mountain Wilderness.
(18)
West big hole
wilderness
Certain land in the Beaverhead-Deerlodge National
Forest, comprising approximately 44,156 acres, as generally depicted on
the map
entitled West Big Hole Wilderness and Recreation Management Area
and dated September 13, 2010, which shall be known as the West Big Hole
Wilderness.
(19)
West pioneers
wilderness
Certain land in the Beaverhead-Deerlodge National
Forest, comprising approximately 26,560 acres, as generally depicted on
the map
entitled West Pioneers Wilderness and Recreation Management Area
and dated September 13, 2010, which shall be known as the West Pioneers
Wilderness.
(b)
Land
administered by the bureau of land management
In furtherance of
the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the following
areas in the State are designated as wilderness areas and as components of
the
National Wilderness Preservation System:
(1)
Blacktail
mountains wilderness
Certain public land administered by the
Bureau of Land Management, comprising approximately 10,675 acres, as
generally
depicted on the map entitled Blacktail Mountains Wilderness and
dated July 27, 2010, which shall be known as the Blacktail Mountains
Wilderness.
(2)
Centennial
mountains wilderness
Certain public land administered by the
Bureau of Land Management, comprising approximately 23,700 acres, as
generally
depicted on the map entitled Centennial Mountains Wilderness and
dated June 1, 2012, which shall be known as the Centennial Mountains
Wilderness.
(3)
Ruby mountains
wilderness
Certain public land administered by the Bureau of Land
Management, comprising approximately 16,300 acres, as generally depicted
on the
map entitled Ruby Mountains Wilderness and dated July 27, 2010,
which shall be known as the Ruby Mountains Wilderness.
(4)
East fork
blacktail wilderness
Certain public land administered by the
Bureau of Land Management, comprising approximately 6,125 acres, as
generally
depicted on the map entitled East Fork Blacktail Wilderness and
dated July 27, 2010, which shall be known as the East Fork Blacktail
Wilderness.
(5)
Humbug spires
wilderness
Certain public land administered by the Bureau of Land
Management, comprising approximately 8,900 acres, as generally depicted on
the
map entitled Humbug Spires Wilderness and dated July 27, 2010,
which shall be known as the Humbug Spires Wilderness.
(c)
Transfer of
administrative jurisdiction
Administrative jurisdiction over
certain public land administered by the Bureau of Land Management,
comprising
approximately 663 acres, as generally known as Farlin Creek
Administrative Transfer depicted on the map entitled East
Pioneers Wilderness and dated September 13, 2010, is transferred to the
Secretary of Agriculture, and is incorporated in, and shall be considered
to be
a part of, the East Pioneers Wilderness designated by subsection (a)(4).
204.
Administration
of wilderness areas
(a)
Management
Subject
to valid existing rights, each area designated as wilderness by section
203
shall be administered by the Secretary concerned in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that—
(1) any reference in
that Act to the effective date shall be considered to be a reference to
the
date of enactment of this Act; and
(2) with respect to
public land administered by the Bureau of Land Management, any reference
in
that Act to the Secretary of Agriculture shall be considered to be a
reference
to the Secretary of the Interior.
(b)
Maps and legal
descriptions
(1)
In
general
As soon as practicable after the date of enactment of
this Act, the Secretary concerned shall file a map and a legal description
of
each wilderness area and potential wilderness area designated by this
section,
with—
(A) the Committee on
Energy and Natural Resources of the Senate; and
(B) the Committee on
Natural Resources of the House of Representatives.
(2)
Force of
law
The maps and legal descriptions filed under paragraph (1)
shall have the same force and effect as if included in this title, except
that
the Secretary concerned may correct typographical errors in the maps and
legal
descriptions.
(3)
Public
availability
Each map and legal description filed under paragraph
(1) shall be on file and available for public inspection in the
appropriate
offices of the Forest Service and the Bureau of Land Management.
(c)
Incorporation
of acquired land and interests
Any land within the boundary of a
wilderness area designated by section 203 that is acquired by the United
States
shall—
(1) become part of
the wilderness area in which the land is located; and
(2) be managed in
accordance with this section, the Wilderness Act (16 U.S.C. 1131 et seq.),
and
any other applicable law.
(d)
Withdrawal
Subject
to valid existing rights, the Federal land designated as wilderness by
section
203 is withdrawn from all forms of—
(1) entry,
appropriation, or disposal under the public land laws;
(2) location, entry,
and patent under the mining laws; and
(3) disposition under
all laws pertaining to mineral and geothermal leasing or mineral
materials.
(e)
Fire, insects,
and diseases
In accordance with section 4(d)(1) of the Wilderness
Act (16 U.S.C. 1133(d)(1)), within the wilderness areas designated by
section
203, the Secretary concerned may take such measures as are necessary to
control
fire, insects, and diseases, subject to such terms and conditions as the
Secretary concerned determines to be appropriate.
(f)
Access to
private land
In accordance with section 5(a) of the Wilderness
Act (16 U.S.C. 1134(a)), the Secretary concerned shall provide any owner
of
private land within the boundary of a wilderness area designated by
section 203
adequate access to the private land.
(g)
Fish and
wildlife
(1)
In
general
Nothing in this title affects the jurisdiction or
responsibilities of the State with respect to fish and wildlife, including
the
regulation of hunting, fishing, and trapping.
(2)
Management
activities
In furtherance of the purposes and principles of the
Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary concerned may carry
out
management activities to maintain or restore fish and wildlife populations
(including activities to maintain and restore fish and wildlife habitats
to
support the populations) in a wilderness area designated by section 203 if
the
activities are—
(A) consistent with
applicable wilderness management plans; and
(B) carried out in
accordance with applicable guidelines and policies.
(h)
Snow sensors
and stream gauges
Nothing in this title prevents the installation
or maintenance of hydrological, meteorological, or climatological
instrumentation in a wilderness area designated by section 203 if the
Secretary
concerned determines that the installation or maintenance of the
instrumentation is necessary to further the scientific, educational, or
conservation purposes of the wilderness area.
(i)
Livestock
Within
the wilderness areas, the grazing of livestock in which grazing is
established
before the date of enactment of this Act shall be allowed to continue,
subject
to such reasonable regulations, policies, and practices as the Secretary
concerned determines to be necessary, in accordance with—
(1) section 4(d)(4)
of the Wilderness Act (16 U.S.C. 1131(d)(4));
(2) with respect to
wilderness areas administered by the Secretary of Agriculture, the
guidelines
described in House Report 96–617 of the 96th Congress; and
(3) with respect to
wilderness areas administered by the Secretary of the Interior, the
guidelines
described in Appendix A of House Report 101–405 of the 101st Congress.
(j)
Outfitting and
guide activities
(1)
In
general
In accordance with section 4(d)(5) of the Wilderness Act
(16 U.S.C. 1133(d)(5)), commercial services (including authorized
outfitting
and guide activities) within the wilderness areas designated by section
203 may
be performed to the extent necessary for activities that are proper for
realizing the recreational or other wilderness purposes of the wilderness
areas.
(2)
Effect
Nothing
in this title requires the Secretary concerned to modify permits in effect
as
of the date of enactment of this Act to provide outfitting and guide
services
within the areas designated as wilderness by section 203, if the Secretary
concerned determines that the activities are in compliance with section
4(d)(5)
of the Wilderness Act (16 U.S.C. 1133(d)(5)).
(k)
Adjacent
management
(1)
In
general
The designation of a wilderness area by section 203 shall
not create any protective perimeter or buffer zone around the wilderness
area.
(2)
Nonwilderness
activities
The fact that nonwilderness activities or uses can be
seen or heard from areas within a wilderness area designated by section
203
shall not preclude the conduct of the activities or uses outside the
boundary
of the wilderness area.
(l)
Water
impoundment structures
(1)
In
general
The Secretary concerned may issue a special use
authorization to an owner of a water storage, transport, or diversion
facility
located within the areas designated as wilderness by section 203 for the
continued operation, maintenance, and reconstruction of the facility if—
(A) the facility was
in existence before the date of the designation of the wilderness area;
and
(B) the Secretary
concerned determines that—
(i) the
facility has been in substantially continuous use to deliver water for the
beneficial use on the non-Federal land of the owner since the date of the
designation of the wilderness area;
(ii) the owner of the
facility holds a valid water right for use of the water under State law,
with a
priority date that predates the date of the designation of the wilderness
area;
and
(iii) it is not
practicable or feasible to relocate the facility to land outside the
boundary
of the wilderness and continue the beneficial use of water on the
non-Federal
land recognized under State law.
(2)
Use of
motorized equipment and mechanized transport
The special use
authorization under paragraph (1) may allow for the use of motorized
equipment
and mechanized transport if the Secretary concerned determines, after
conducting a minimum tool analysis, that the use of nonmotorized equipment
and
nonmechanized transport is impracticable or infeasible.
(3)
Terms and
conditions
The Secretary concerned may include such terms and
conditions in the special use authorization under paragraph (1) as the
Secretary concerned determines appropriate to protect the wilderness
values of
the area.
(m)
Snowcrest
wilderness area
With respect to the Snowcrest Wilderness
Area—
(1) the continuation
of reasonable motorized access to maintain water infrastructure for cattle
that
was constructed to protect fluvial Arctic Grayling and other aquatic
species in
the Ruby River may continue—
(A) subject to a
permit; and
(B) in accordance
with—
(i) section 4(d)(4)
of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
(ii) the guidelines
described in House Report 96–617 of the 96th Congress; and
(2) the trailing of
sheep across the Snowcrest Wilderness area to reach existing grazing
allotments
in the Gravelly Mountains may be continued for the tenure of the
allotments—
(A) subject
to—
(i) a
permit; and
(ii) a
determination by the Secretary of Agriculture (acting through the Forest
Supervisor) that the use of nonmechanized transport is impracticable or
infeasible; and
(B) to the maximum
extent practicable, in accordance with the guidelines described in House
Report
96–617 of the 96th Congress.
205.
Release of
Bureau of Land Management study areas
(a)
Finding
Congress
finds that, for purposes of section 603 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782), any portion of a wilderness study
area
described in subsection (b) that is not designated as a wilderness area by
section 203 or any other Act enacted before the date of enactment of this
Act
has been adequately studied for wilderness.
(b)
Description of
study areas
The study areas referred to in subsection (a)
are—
(1) the Axolotl Lakes
Wilderness Study Area;
(2) the Bell and
Limekiln Canyons Wilderness Study Area;
(3) the Blacktail
Mountains Wilderness Study Area;
(4) the Centennial
Mountains Wilderness Study Area;
(5) the Farlin Creek
Wilderness Study Area;
(6) the Henneberry
Ridge Wilderness Study Area;
(7) the Hidden
Pasture Wilderness Study Area;
(8) the Humbug Spires
Wilderness Study Area; and
(9) the Ruby
Mountains Wilderness Study Area.
(c)
Release
Any
study area described in subsection (b) that is not designated as a
wilderness
area by section 203—
(1) is no longer
subject to section 603(c) of the Federal Land Policy and Management Act of
1976
(43 U.S.C. 1782(c)); and
(2) shall be managed
in accordance with the applicable land management plans adopted under
section
202 of that Act (43 U.S.C. 1712).
206.
Release of
Sapphire and West Pioneer Wilderness Study Areas
(a)
Findings
Congress
finds that—
(1) the studies
conducted under section 2 of the Montana Wilderness Study Act of 1977
(Public
Law 95–150; 91 Stat. 1243) regarding each study area described in
subsection
(b) are adequate for the consideration of the suitability of each study
area
for inclusion as a component of the National Wilderness Preservation
System;
and
(2) the Secretary of
Agriculture is not required—
(A) to review the
wilderness option for each study area described in subsection (b) prior to
the
revision of the forest plan required for each land that comprises each
study
area in accordance with the Forest and Rangeland Renewable Resources
Planning
Act of 1974 (16 U.S.C. 1600 et seq.); and
(B) to manage the
portion of each study area described in subsection (b) that is not
designated
as wilderness by section 203 to ensure the suitability of the area for
designation as a component of the National Wilderness Preservation System
pending revision of the applicable forest plan.
(b)
Description of
study areas
The study areas referred to in subsection (a) are
those portions of the following wilderness study areas which are not
designated
as wilderness by section 203:
(1) The portion of
the Sapphire Wilderness Study Area that is located on the
Beaverhead-Deerlodge
National Forest, as described in section 2(4) of the Montana Wilderness
Study
Act of 1977 (Public Law 95–150; 91 Stat. 1243).
(2) The West Pioneer
Wilderness Study Area, as described in section 2(1) of the Montana
Wilderness
Study Act of 1977 (Public Law 95–150; 91 Stat. 1243).
207.
Special
management and recreation management areas
(a)
Designation
To conserve, protect, and enhance the
scenic, fish and wildlife, recreational, backcountry heritage, and other
natural resource values of the areas, the following areas in the State are
designated for special management by the Secretary concerned in accordance
with
this section:
(1)
Highlands
special management area
Certain Federal land in the
Beaverhead-Deerlodge National Forest, comprising approximately 5,011
acres, as
generally depicted on the map entitled Highlands Wilderness Area and
Special Management Area and dated September 13, 2010, which is
designated as the Highlands Special Management Area.
(2)
Lost creek
recreation management area
Certain Federal land in the
Beaverhead-Deerlodge National Forest, comprising approximately 14,589
acres, as
generally depicted on the map entitled Lost Creek Recreation Management
Area and dated September 13, 2010, which is designated as the
Lost Creek Recreation Management Area.
(3)
Otatsy
recreation management area
Certain Federal land in the Lolo
National Forest, comprising approximately 1,859 acres, as generally
depicted on
the map entitled Bob Marshall, Mission Mountains and Scapegoat
Wilderness Additions and Otatsy Recreation Management Area and dated
September 13, 2010, which is designated as the Otatsy Recreation
Management Area.
(4)
Roderick
special management area
Certain Federal land in the Kootenai
National Forest, comprising approximately 3,715 acres, as generally
depicted on
the map entitled Roderick Wilderness and Special Management Area and
Three Rivers Special Management Area and dated September 13, 2010,
which is designated as the Roderick Special Management
Area.
(5)
Three rivers
special management area
Certain Federal land in the Kootenai
National Forest, comprising approximately 71,994 acres, as generally
depicted
on the map entitled Roderick Wilderness and Special Management Area and
Three Rivers Special Management Area and dated September 13, 2010,
which is designated as the Three Rivers Special Management
Area.
(6)
Thunderbolt
creek recreation management area
Certain Federal land in the
Beaverhead-Deerlodge National Forest, comprising approximately 19,641
acres, as
generally depicted on the map entitled Electric Peak Wilderness and
Thunderbolt Creek Recreation Management Area and dated September 13,
2010, which is designated as the Thunderbolt Recreation Management
Area.
(7)
Tobacco roots
recreation management area
Certain Federal land in the
Beaverhead-Deerlodge National Forest, comprising approximately 29,186
acres, as
generally depicted on the map entitled Tobacco Roots Recreation
Management Area and dated September 13, 2010, which is designated as
the Tobacco Roots Recreation Management Area.
(8)
West big hole
recreation management area
Certain Federal land in the
Beaverhead-Deerlodge National Forest comprising approximately 95,144
acres, as
generally depicted on the map entitled West Big Hole Wilderness and
Recreation Management Area and dated September 13, 2010, which is
designated as the West Big Hole Recreation Management
Area.
(9)
West pioneers
recreation management area
Certain Federal land in the
Beaverhead-Deerlodge National Forest, comprising approximately 128,361
acres,
as generally depicted on the map entitled West Pioneers Wilderness and
Recreation Management Area and dated September 13, 2010, which is
designated as the West Pioneers Recreation Management
Area.
(b)
Administration
(1)
Applicable
law
(A)
In
general
The Secretary concerned shall administer each area
designated by subsection (a)—
(i) in
furtherance of the purposes for which the area is established; and
(ii) in
accordance with—
(I) this section;
and
(II) any laws
(including regulations) relating to the National Forest System.
(B)
Closure of
trails
Nothing in this title precludes the Secretary concerned
from closing any trail or area located in the areas designated by
subsection
(a)—
(i) to
protect a natural resource; or
(ii) to
help ensure public safety.
(2)
Withdrawal
Subject
to valid existing rights, any Federal land within an area designated by
subsection (a) (including any Federal land acquired after the date of
enactment
of this Act for inclusion in an area designated by subsection (a)) is
withdrawn
from all forms of—
(A) entry,
appropriation, or disposal under the public land laws;
(B) location, entry,
and patent under the mining laws; and
(C) disposition under
all laws pertaining to mineral and geothermal leasing or mineral
materials.
(3)
Timber
harvesting
(A)
In
general
Except as provided in subparagraph (B) or as authorized
under subsection (c), timber harvesting shall not be permitted within an
area
designated by subsection (a).
(B)
Fire, insects,
and diseases
Timber harvesting may be permitted in an area
designated by subsection (a) to the extent consistent with protecting and
preserving the purposes of the areas designated by subsection (a) for
purposes
relating to the necessary control of fire, insects, and diseases.
(4)
Use of
motorized or mechanized vehicles
(A)
In
general
Nothing in this section affects the use of motorized or
mechanized vehicles that the Secretary concerned determines is necessary
for
administrative use or to respond to an emergency.
(B)
Mechanized
vehicles, pedestrians, and horse travel
Except as authorized
under subsection (c), nothing in this section prohibits—
(i) the
use of mechanized vehicles, access by pedestrians, or horse travel within
the
areas designated by subsection (a); or
(ii) the construction
of trails for use by mechanized vehicles, pedestrians, and horse travel
within
the areas designated by subsection (a).
(5)
Firewood
The
Secretary concerned may allow for the collection of firewood for
noncommercial
personal use within the areas designated by subsection (a)—
(A) in accordance
with any applicable laws; and
(B) subject to such
terms and conditions as the Secretary concerned determines to be
appropriate.
(c)
Area specific
management requirements
(1)
Highlands
special management area
(A)
Campground
development
No permanent campground may be constructed within the
Highlands Special Management Area.
(B)
Motorized and
mechanized recreation
Except as provided in subparagraph (C), and
as necessary for administrative use or to respond to an emergency, the use
of
motorized or mechanized vehicles within the Highlands Special Management
Area
shall be prohibited.
(C)
Transmission
towers and municipal water pipelines
Nothing in this section
affects—
(i) the
reasonable access of the government of the applicable county to operate
and
maintain the communication site located on Table Mountain under a special
use
permit issued by the Forest Service; and
(ii) the reasonable
access of the city of Butte, Montana, to operate, maintain, and if
necessary,
upgrade or replace the water supply pipeline within the Highlands Special
Management Area in existence as of the date of enactment of this Act for
the
city of Butte (including the surrounding community of the city of
Butte).
(D)
Helicopter
landings
Nothing in this section precludes or restricts the
authority of the Secretary concerned to enter into agreements with the
Secretary of Defense or the Montana National Guard to authorize limited
and
scheduled landings of aircraft in the Highlands Special Management Area.
(2)
Lost creek,
thunderbolt, and west pioneers recreation management areas
(A)
Motorized
recreation
Subject to any terms and conditions the Secretary
concerned determines to be necessary, the use of motorized vehicles within
the
Lost Creek, Thunderbolt, and West Pioneers Recreation Management Areas
shall be
limited to—
(i) roads, trails, or
areas that, as of the date of enactment of this Act, are designated roads,
trails, or areas; and
(ii) during periods
of adequate snow cover, the areas authorized for snowmobile use as of the
date
of enactment of this Act.
(B)
Campground
development
No permanent campground may be constructed within the
Lost Creek Recreation Area.
(3)
Otatsy
recreation management area
(A)
Motorized and
mechanized recreation
(i)
In
general
The use of motorized and mechanized vehicles in the
Otatsy Recreation Management Area shall be permitted only on the roads,
trails,
and areas that are designated for use by motorized and mechanized vehicles
by
the management plan required under subparagraph (B).
(ii)
Interim
management
Until the date on which the management plan required
under subparagraph (B) is approved, and subject to any terms and
conditions
that the Secretary concerned determines to be necessary, the use of
motorized
or mechanized vehicles in the Otatsy Recreation Management Area shall be
limited to the roads and trails designated for such use as of the date of
enactment of this Act, except that during periods of adequate snow cover,
the
use of snowmobiles shall be allowed within the Otatsy Recreation
Management
Area.
(B)
Management
plan
The Secretary concerned shall prepare a management plan for
the Otatsy Recreation Management Area as part of the first revision of the
applicable forest plan that is carried out after the date of enactment of
this
Act.
(4)
Three rivers
and roderick special management areas
(A)
Motorized and
mechanized recreation
Except as provided in subparagraphs (B) and
(C), the use of motorized or mechanized vehicles within the Three Rivers
Special Management Area and the Roderick Special Management Area shall be
limited to the roads on which use by highway legal vehicles is permitted
as of
the date of enactment of this Act.
(B)
Snowmobile
area
Subject to any terms and conditions the Secretary concerned
determines to be necessary, during periods of adequate snow cover, the use
of
snowmobiles shall be allowed in the areas designated as
motorized in the map entitled “Roderick Wilderness and Special
Management Area and Three Rivers Special Management Area” and dated
September
13, 2010.
(C)
Game
carts
The Secretary concerned may authorize the use of
nonmotorized game carts in the area identified as Roderick Special
Management Area on the map described in subparagraph (B).
(D)
Campground
development
No permanent campground may be constructed in the
Three Rivers Special Management Area or the Roderick Special Management
Area.
(5)
Tobacco roots
recreation management area
Subject to any terms and conditions
that the Secretary concerned determines to be necessary, the use of
motorized
vehicles shall be limited to the roads and trails in the Tobacco Roots
Recreation Management Area designated for such use as of the date of
enactment
of this Act.
(6)
West big hole
recreation management area
(A)
Motorized
recreation
Subject to any terms and conditions the Secretary
concerned determines to be necessary, the use of motorized vehicles within
the
West Big Hole Recreation Management Area shall be limited to—
(i) the
roads, trails, and areas that, as of the date of enactment of this Act,
are
designated roads, trails, or areas; and
(ii) during periods
of adequate snow cover, the areas authorized for snowmobile use as of the
date
of enactment of this Act.
(B)
Timber
harvest
The Secretary concerned may authorize post and pole,
firewood, and fuel reduction timber projects in the West Big Hole
Recreation
Management Area, subject to such terms and conditions that the Secretary
concerned determines to be appropriate.
208.
All-terrain-vehicle
study and report
Not later
than 1 year after the date of enactment of this Act, the Secretary
concerned
shall study and report on—
(1) the opportunities
for expanded all-terrain vehicle roads and trails across the Three Rivers
District and adjacent areas on the Kootenai National Forest;
(2) the
interconnectedness of roads on private or State land; and
(3) the opportunities
for expanded access points to existing trails.
1.
Short
title; table of contents
(a)
Short
title
This Act may be cited
as the Forest Jobs and Recreation Act
of 2013.
(b)
Table of
contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of
contents.TITLE I—Montana Forest Jobs and Restoration
InitiativeSec. 101. Purpose.Sec. 102. Definitions.Sec. 103. Montana Forest Jobs and Restoration Pilot
Initiative.Sec. 104. Authorized forest and watershed restoration
projects.Sec. 105. Miscellaneous.TITLE II—Designation of wilderness and special management areas
in MontanaSec. 201. Purposes.Sec. 202. Definitions.Sec. 203. Designation of wilderness areas.Sec. 204. Administration of wilderness areas.Sec. 205. Release of Bureau of Land Management study
areas.Sec. 206. Release of Sapphire and West Pioneer Wilderness Study
Areas.Sec. 207. Special management and recreation management
areas.Sec. 208. All-terrain-vehicle study and report.
I
Montana Forest
Jobs and Restoration Initiative
101.
Purpose
The purpose of this title is to establish an
initiative—
(1) to preserve and
create local jobs in rural communities that are located in or near
National
Forest System land;
(2) to create an
immediate, predictable, and increased flow of wood fiber with commercial
value
to support and maintain locally based infrastructure and economies that
are
necessary for the appropriate management and restoration of National
Forest
System land;
(3) to promote
cooperation and collaboration in the management of National Forest System
land;
(4) to restore and
improve the ecological structure, composition, and function and the
natural
processes of priority watersheds within the National Forest System;
(5) to carry out
collaborative projects to reduce the risk of disturbances from fire,
insects,
and disease to communities, watersheds, and natural resources through a
collaborative process of planning, prioritizing, and implementing
ecological
restoration and hazardous fuel reduction projects; and
(6) to collect
information from the projects carried out under this title in an effort to
better understand the manner in which to improve forest restoration and
management activities.
102.
Definitions
In this title:
(1)
Authorized
forest and watershed restoration project
The term
authorized forest and watershed restoration project means a
collection of activities within a watershed area that are carried out—
(A) on eligible land;
and
(B) to achieve the
purposes of this title.
(2)
Decommission
The
term decommission means—
(A) to reestablish
vegetation on a road or trail; and
(B) to restore any
natural drainage, watershed function, or other ecological processes that
are
disrupted or adversely impacted by the road or trail by removing or
hydrologically disconnecting the road prism.
(3)
Eligible
land
The term eligible land means—
(A) land within the
approximately 1,900,000 acres of land in the Beaverhead-Deerlodge National
Forest designated as Suitable for Timber Production and
Timber Harvest Is Allowed as generally depicted on the map
entitled Beaverhead-Deerlodge National Forest, Revised Forest Plan,
Modeled Timber Harvest Classification and dated December 10, 2008;
and
(B) land within the Kootenai National Forest.
(4)
Initiative
The
term Initiative means the Montana Forest Jobs and Restoration
Pilot Initiative established by section 103(a).
(5)
National forest
The term National Forest means all or part of a unit of the National Forest System.
(6)
Secretary
The
term Secretary means the Secretary of Agriculture, acting through
the Chief of the Forest Service.
(7)
Stewardship
contract
The term stewardship contract means a
contract authorized under section 347 of the Omnibus Consolidated and
Emergency
Supplemental Appropriations Act, 1999 (16 U.S.C. 2104 note; Public Law
105–277)
or a successor law to carry out land management goals that meet local and
rural community needs
through a source that is selected on a best-value basis.
(8)
Watershed
area
The term watershed area means 1 or more
subwatersheds (also known as 6th code hydrologic units).
103.
Montana Forest
Jobs and Restoration Pilot Initiative
(a)
Establishment
There
is established the Montana Forest Jobs and Restoration Pilot Initiative
under
which the Secretary shall implement authorized forest and watershed
restoration
projects and other land management projects on eligible land to achieve—
(1) the performance
requirements under subsection (b); and
(2) the purposes of
this title.
(b)
Performance
requirements
(1)
In general
Subject to
subsection (g), on the eligible land, the Secretary shall place under
contract
for treatment of vegetation—
(A) on the
Beaverhead-Deerlodge National Forest, a minimum of 5,000 acres annually
until
the date on which a total of 70,000 acres in the National Forest have been
placed under contract; and
(B) on the Kootenai
National Forest—
(i) 2,000 acres
during the first year after the date of enactment of this Act;
(ii) 2,500 acres
during the second year after the date of enactment of this Act; and
(iii) 3,000 acres
during each subsequent year until the date on which a total of 30,000
acres in
the National Forest have been placed under contract.
(2)
Priority for treatment in the three rivers district; adjacent ranger districts
(A)
Priority
The Secretary shall seek to meet the majority of the requirements under paragraph (1)(B) by placing
under contract land within the Three Rivers District of the Kootenai
National Forest.
(B)
Adjacent ranger districts
The Secretary may place under contract land in the Libby District, the Rexford District, or the
Cabinet District of the Kootenai National Forest to meet the requirements
under paragraph (1)(B).
(3)
Qualified treatments
To meet the requirements under paragraph (1), treatments shall—
(A) reduce the density of trees in a project area or reduce hazardous fuels;
(B) be accomplished through the cutting of vegetation with mechanized equipment or by hand with a power
saw; and
(C) primarily yield products that have commercial value in local markets.
(4)
Limitation
Prescribed fire may not be used to accomplish the qualified treatments of vegetation required under
paragraph (1).
(c)
Collaboration
(1)
In
general
For each National Forest within the Initiative, the
Secretary may identify 1 or more collaborative groups or resource advisory
committees that support the achievement of the purposes of this title.
(2)
Composition
A
collaborative group or resource advisory committee identified under
paragraph
(1) shall include multiple interested persons representing diverse
interests in
forest and watershed management.
(3)
Consultation
The
Secretary shall consult with any collaborative groups or resource advisory
committees identified under paragraph (1) in the development and
implementation
of each authorized forest and watershed restoration project carried out
under
the Initiative.
(4)
Expansion
The
Secretary shall seek to expand the public participation and diversity of
interests involved in the implementation of authorized forest and
watershed restoration projects on the eligible land through the
Initiative.
(d)
Administrative
and judicial review
(1)
Predecisional objection process
The Secretary shall apply section 105(a) of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6515(a)) to proposed actions of the Forest Service concerning authorized
forest and watershed restoration projects.
(2)
Administrative review
A person may bring a civil action challenging an authorized forest and watershed restoration
project in a Federal district court only in accordance with the provisions
of section 105(c) of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6515(c)).
(3)
Judicial review
Any judicial proceeding of a civil action brought in a Federal District court against an authorized
forest and watershed restoration project shall be conducted in accordance
with section 106 of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6516).
(e)
Reports
(1)
Compliance report
Not later than 180 days after the end of any fiscal year in which the Secretary fails to meet the
performance requirements under subsection (b)(1), the Secretary shall
submit to the Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources of the House of Representatives a
report that includes—
(A) a description of the work carried out for the fiscal year on the eligible land;
(B) a detailed explanation of the reasons why the performance requirements described in subsection
(b)(1) were not met; and
(C) any specific actions the Secretary plans to take in the subsequent year to ensure that the
performance requirements described in subsection (b)(1) are met.
(2)
Progress
report
(A)
In
general
Not later than 5 years after the date of enactment of this Act and every 5 years thereafter until
the date on which the Initiative is terminated under subsection (h), the
Secretary shall submit to the Committee on Energy and Natural Resources of
the Senate and the Committee on Natural Resources of the House of
Representatives, and make available to the public, a report that assesses
the progress of the Initiative toward accomplishing the purposes of this
title.
(B)
Inclusions
The
report under subparagraph (A) shall include—
(i) an analysis, with respect to eligible land in the
Initiative, of changes in—
(I) risk from wildfire, including in the proportion of treated acres exhibiting a change in fire regime
condition class;
(II) biodiversity and wildlife habitat;
(III) soil and water characteristics, including changes in road density and water quality;
(IV) economic effects, including job creation, labor income, obligations of appropriated funds, and
collected receipts; and
(V) social implications, including attitudes towards land use;
(ii) recommendations concerning—
(I) the need and appropriateness of seeking permanent authorization for any of the authorities that
would otherwise be terminated under subsection (h); and
(II) the need and appropriateness of expanding any of the authorities or requirements provided under
this title to the National Forest System; and
(iii) an analysis of any additional measures for which the Secretary chooses to gather data and report on
to determine if the Initiative is meeting the purposes of this title.
(C)
Data
analysis
In preparing the report under this paragraph, the
Secretary may consult with regional institutions of higher education and
institutions with the capacity to collect, coordinate, analyze, and
archive the data
to be used to prepare the report.
(D)
Limitation on length
The report under subparagraph (A) shall not exceed 7 pages in length.
(f)
Funding
(1)
Effect on other funds
The Secretary may not divert funding from a National Forest or grassland located outside of the
State of Montana to meet the performance requirements of the Initiative.
(2)
Reprogramming authority
On notifying the Senate and House Committees on Appropriations, the Secretary may reprogram any
funds—
(A) made available through an appropriation for the National Forest System; and
(B) allocated to be used on the eligible land.
(g)
Expansion of
initiative
(1)
In
general
The Secretary may elect to include the Seeley Ranger
District of the Lolo National Forest in the Initiative, if—
(A) the Seeley Ranger
District no longer receives funding under section 4003(b)(1)(B) of the
Omnibus
Public Land Management Act of 2009 (16 U.S.C. 7303(b)(1)(B)); and
(B) a collaborative group or resource advisory committee identified by the Secretary under subsection
(c)(1) requests inclusion in the
Initiative.
(2)
Requirements
On
the election by the Secretary to include the Seeley Ranger District in the
Initiative, the project requirements of the Initiative under this title
shall apply to
the District.
(h)
Termination
date
(1)
In
general
The Initiative shall terminate on the later of—
(A) the date that is
15 years after the date of enactment of this Act; or
(B) the date on which
the Secretary determines that the performance requirements under
subsection (b)(1)
have been achieved.
(2)
Effect
Nothing
in this subsection affects a valid contract in effect on the termination
date
under paragraph (1).
104.
Authorized
forest and watershed restoration projects
(a)
Implementation
(1)
In
general
The Secretary shall annually implement 1 or more
authorized forest and watershed restoration projects on the eligible
land.
(2)
Landscape-scale
projects
The Secretary shall implement in 1 or more watershed areas authorized forest and watershed
restoration projects in a manner that provides landscape-scale work with
the goal of minimizing entries into the watershed.
(3)
Stewardship
contracts
The Secretary may
enter into stewardship contracts or agreements to carry out authorized
forest
and watershed restoration projects.
(4)
Prioritization
(A)
In general
Consistent
with the purposes of this title, the Secretary shall give priority to
carrying
out authorized forest and watershed restoration projects in areas—
(i) in which the road
density exceeds 1.5 miles per square mile;
(ii) in the
wildland-urban interface (as defined in section 101 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6511)) that are at risk of wildfire
that
would threaten public infrastructure or private property;
(iii) in which fish and
wildlife habitat connectivity is compromised as a result of past
management
practices; and
(iv) that contain forests that are identified on the National Insect and Disease Risk Map as having a
significant risk of tree mortality.
(B)
Effect
Nothing in this paragraph precludes the Secretary from carrying out authorized forest and watershed
restoration projects on other land as necessary to fulfill—
(i) the purposes of this title; and
(ii) the performance requirements under section 103(b)(1).
(5)
Environmental
review
An environmental review of an authorized forest and watershed
restoration projects shall be carried out in accordance with the
provisions for hazardous fuel reduction projects set forth in section 104
of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6514), except that—
(A) in addition to the requirements of that section, the review shall address whether the proposed
authorized forest and watershed restoration projects meets the purposes
and requirements of this title;
(B) on signing of a
decision document for the authorized
forest and watershed restoration project, the Secretary shall implement
the
authorized forest and watershed restoration project;
(C) the predecisional objection process promulgated under part 218 of title 36, Code of Federal
Regulations (and successor regulations), shall apply; and
(D) if the Secretary
or a court determines that additional review is warranted due to
significant
new circumstances after implementation of an authorized forest and
watershed
restoration project has begun, the additional analysis shall not interrupt
the
implementation of the activities that are not subject to the additional
review,
in accordance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(b)
Project
requirements
(1)
Riparian
habitat protection
The Secretary may develop an aquatic and riparian habitat protection strategy to modify the aquatic
and riparian conservation requirements in existing forest plans, if the
Secretary determines, after considering the best available science, that
the modifications would meet or exceed the aquatic and riparian protection
requirements in the existing forest plans.
(2)
Roads
In
carrying out any authorized forest and watershed restoration project under
this
title, the Secretary shall—
(A) not construct any
permanent road, unless—
(i) the
Secretary determines that the road is a justifiable realignment of a
permanent
road to restore or improve the ecological structure, composition, and
function
and the natural processes of the affected forest or watershed; and
(ii) the replaced
road bed is decommissioned by removing the road prism;
(B) decommission any
temporary road constructed to carry out the land management project by the
conclusion of the contract; and
(C) decommission National Forest System roads and unauthorized roads—
(i) subject to appropriations; and
(ii) consistent with the analysis required by subparts A and B of part 212 of title 36, Code of Federal
Regulations.
(3)
Vegetation
management
The Secretary shall design authorized forest and
watershed restoration projects to produce commercial and noncommercial
wood
products, consistent with the purposes of this title.
105.
Miscellaneous
(a)
In
general
Except as otherwise provided in this title, the Secretary
shall administer the National Forests subject to the Initiative in
accordance
with applicable law.
(b)
Agency
participation
The Secretary may, in accordance with applicable
law, permit a Field Manager from each applicable Bureau of Land Management
office, the Seeley Lake District Ranger of the Lolo National Forest, and
the
Lincoln District Ranger of the Helena National Forest to serve on the
Board of
Directors of the Blackfoot Challenge in the official capacities of the
Bureau
of Land Management and the districts, respectively.
II
Designation of
wilderness and special management areas in Montana
201.
Purposes
The purposes of this title are—
(1) to protect and enhance motorized
recreational opportunities in the Beaverhead-Deerlodge National Forest,
the
Lolo National Forest, and the Kootenai National Forest; and
(2) to protect and enhance the wild heritage
and backcountry traditions of the State through—
(A) the addition of certain land to the
National Wilderness Preservation System; and
(B) the management of other land in a manner
that preserves existing primitive and semi-primitive recreational
activities.
202.
Definitions
In this title:
(1)
Beaverhead-deerlodge
national forest
The term Beaverhead-Deerlodge National
Forest means the National Forest that is—
(A) comprised
of—
(i) the
Beaverhead National Forest; and
(ii) the Deerlodge
National Forest; and
(B) managed by the
Secretary concerned as a single administrative unit.
(2)
Designated
road, trail, or area
The term designated road, trail, or
area has the meaning given the term in section 212.1 of title 36, Code
of Federal Regulations (or a successor regulation).
(3)
Forest
plan
The term forest plan means a land and resource
management plan prepared in accordance with section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604).
(4)
Secretary
concerned
The term Secretary concerned means—
(A) the Secretary of
Agriculture, acting through the Chief of the Forest Service, with respect
to
National Forest System land; and
(B) the Secretary of
the Interior, with respect to land managed by the Bureau of Land
Management
(including land held for the benefit of an Indian tribe).
(5)
State
The
term State means the State of Montana.
203.
Designation of
wilderness areas
(a)
Land
administered by the forest service
In furtherance of the purposes
of the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the
State are designated as wilderness areas and as components of the National
Wilderness Preservation System:
(1)
Anaconda
Pintler wilderness additions
Certain land in the
Beaverhead-Deerlodge National Forest, comprising approximately 65,407
acres, as
generally depicted on the map entitled Anaconda-Pintler Wilderness
Additions and dated December 17, 2013, is incorporated in, and shall
be considered to be a part of, the Anaconda-Pintler Wilderness.
(2)
Bob marshall
wilderness additions
Certain land in the Lolo National Forest,
comprising approximately 40,072 acres generally depicted as the North
Fork Blackfoot-Monture Creek Wilderness Addition (Bob Marshall
Addition) and approximately 7,792 acres generally depicted as the
Grizzly Basin of the Swan Range Wilderness Addition on the map
entitled Bob Marshall, Mission Mountains and Scapegoat Wilderness
Additions and Otatsy Recreation Management Area and dated December 17, 2013, is incorporated in, and shall be considered to be a part of, the Bob
Marshall Wilderness.
(3)
Dolus lakes
wilderness
Certain land in the Beaverhead-Deerlodge National
Forest, comprising approximately 9,407 acres, as generally depicted on the
map
entitled Dolus Lakes Wilderness and dated December 17, 2013,
which shall be known as the Dolus Lakes Wilderness.
(4)
East pioneers
wilderness
Certain land in the Beaverhead-Deerlodge National
Forest, comprising approximately 77,438 acres, as generally depicted on
the map
entitled East Pioneers Wilderness and dated December 17, 2013,
which shall be known as the East Pioneers Wilderness.
(5)
Electric peak
wilderness
Certain land in the Beaverhead-Deerlodge National
Forest, comprising approximately 4,992 acres, as generally depicted on the
map
entitled Electric Peak Wilderness and Thunderbolt Creek Recreation
Management Area and dated December 17, 2013, which shall be known as
the Electric Peak Wilderness.
(6)
Highlands
wilderness
Certain land in the Beaverhead-Deerlodge National
Forest, comprising approximately 15,659 acres, as generally depicted on
the map
entitled Highlands Wilderness Area and Special Management Area
and dated December 17, 2013, which shall be known as the Highlands
Wilderness.
(7)
Italian peaks
wilderness
Certain land in the Beaverhead-Deerlodge National
Forest, comprising approximately 29,677 acres, as generally depicted on
the map
entitled Italian Peaks Wilderness and dated December 17, 2013,
which shall be known as the Italian Peaks Wilderness.
(8)
Lee metcalf
wilderness additions
Certain land in the Beaverhead-Deerlodge
National Forest, comprising approximately 17,201 acres, as generally
depicted
on the map entitled Lee Metcalf Wilderness Additions and dated
December 17, 2013, is incorporated in, and shall be considered to be a
part
of, the Lee Metcalf Wilderness.
(9)
Lima peaks
wilderness
Certain land in the Beaverhead-Deerlodge National
Forest, comprising approximately 35,012 acres, as generally depicted on
the map
entitled Lima Peaks Wilderness and dated December 17, 2013,
which shall be known as the Lima Peaks Wilderness.
(10)
Mission
mountains wilderness addition
Certain land in the Lolo National
Forest, which comprises approximately 4,460 acres, as generally depicted
as the
West Fork Clearwater Wilderness Addition on the map entitled
Bob Marshall, Mission Mountains and Scapegoat Wilderness Additions and
Otatsy Recreation Management Area and dated December 17, 2013, is
incorporated in, and shall be considered to be a part of, the Mission
Mountains
Wilderness designated by Public Law 93–632 (88 Stat. 2153).
(11)
Mount
jefferson wilderness
Certain land in the Beaverhead-Deerlodge
National Forest, comprising approximately 2,110 acres, as generally
depicted on
the map entitled Mount Jefferson Wilderness and dated December 17, 2013, which shall be known as the Mount Jefferson
Wilderness.
(12)
Quigg peak
wilderness
Certain land in the Beaverhead-Deerlodge National
Forest, comprising approximately 8,275 acres, as generally depicted on the
map
entitled Quigg Peak Wilderness and dated December 17, 2013,
which shall be known as the Quigg Peak Wilderness.
(13)
Roderick
wilderness
Certain land in the Kootenai National Forest, which
comprises approximately 29,467 acres, as generally depicted as the
Roderick Wilderness Area on the map entitled Roderick
Wilderness and Special Management Area and Three Rivers Special Management
Area and dated December 17, 2013, which shall be known as the
Roderick Wilderness.
(14)
Sapphires
wilderness
Certain land in the Beaverhead-Deerlodge National
Forest, comprising approximately 43,101 acres, as generally depicted on
the map
entitled Sapphires Wilderness and dated December 17, 2013,
which shall be known as the Sapphires Wilderness.
(15)
Scapegoat
wilderness additions
Certain land in the Lolo National Forest,
which comprises approximately 30,967 acres, as generally depicted as the
North Fork Blackfoot-Monture Creek Wilderness Addition (Scapegoat
Addition) on the map entitled Bob Marshall, Mission Mountains
and Scapegoat Wilderness Additions and Otatsy Recreation Management
Area and dated December 17, 2013, is incorporated in, and shall be
considered to be a part of, the Scapegoat Wilderness designated by Public
Law
92–395 (86 Stat. 578).
(16)
Snowcrest
wilderness
Certain land in the Beaverhead-Deerlodge National
Forest, comprising approximately 71,068 acres, as generally depicted on
the map
entitled Snowcrest Wilderness and dated December 17, 2013,
which shall be known as the Snowcrest Wilderness.
(17)
Stony mountain
wilderness
Certain land in the Beaverhead-Deerlodge National
Forest, comprising approximately 14,213 acres, as generally depicted on
the map
entitled Stony Mountain Wilderness and dated December 17, 2013,
which shall be known as the Stony Mountain Wilderness.
(18)
West big hole
wilderness
Certain land in the Beaverhead-Deerlodge National
Forest, comprising approximately 44,156 acres, as generally depicted on
the map
entitled West Big Hole Wilderness and Recreation Management Area
and dated December 17, 2013, which shall be known as the West Big Hole
Wilderness.
(19)
West pioneers
wilderness
Certain land in the Beaverhead-Deerlodge National
Forest, comprising approximately 26,534 acres, as generally depicted on
the map
entitled West Pioneers Wilderness and Recreation Management Area
and dated December 17, 2013, which shall be known as the West Pioneers
Wilderness.
(b)
Land
administered by the bureau of land management
In furtherance of
the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the following
areas in the State are designated as wilderness areas and as components of
the
National Wilderness Preservation System:
(1)
Blacktail
mountains wilderness
Certain public land administered by the
Bureau of Land Management, comprising approximately 10,675 acres, as
generally
depicted on the map entitled Blacktail Mountains Wilderness and
dated July 27, 2010, which shall be known as the Blacktail Mountains
Wilderness.
(2)
Centennial
mountains wilderness
Certain public land administered by the
Bureau of Land Management, comprising approximately 23,700 acres, as
generally
depicted on the map entitled Centennial Mountains Wilderness and
dated June 1, 2012, which shall be known as the Centennial Mountains
Wilderness.
(3)
Ruby mountains
wilderness
Certain public land administered by the Bureau of Land
Management, comprising approximately 16,300 acres, as generally depicted
on the
map entitled Ruby Mountains Wilderness and dated July 27, 2010,
which shall be known as the Ruby Mountains Wilderness.
(4)
East fork
blacktail wilderness
Certain public land administered by the
Bureau of Land Management, comprising approximately 6,125 acres, as
generally
depicted on the map entitled East Fork Blacktail Wilderness and
dated July 27, 2010, which shall be known as the East Fork Blacktail
Wilderness.
(5)
Humbug spires
wilderness
Certain public land administered by the Bureau of Land
Management, comprising approximately 8,900 acres, as generally depicted on
the
map entitled Humbug Spires Wilderness and dated July 27, 2010,
which shall be known as the Humbug Spires Wilderness.
(c)
Transfer of
administrative jurisdiction
Administrative jurisdiction over
certain public land administered by the Bureau of Land Management,
comprising
approximately 663 acres, as generally known as Farlin Creek
Administrative Transfer depicted on the map entitled East
Pioneers Wilderness and dated September 13, 2010, is transferred to the
Secretary of Agriculture, and is incorporated in, and shall be considered
to be
a part of, the East Pioneers Wilderness designated by subsection (a)(4).
204.
Administration
of wilderness areas
(a)
Management
Subject
to valid existing rights, each area designated as wilderness by section
203
shall be administered by the Secretary concerned in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that—
(1) any reference in
that Act to the effective date shall be considered to be a reference to
the
date of enactment of this Act; and
(2) with respect to
public land administered by the Bureau of Land Management, any reference
in
that Act to the Secretary of Agriculture shall be considered to be a
reference
to the Secretary of the Interior.
(b)
Maps and legal
descriptions
(1)
In
general
As soon as practicable after the date of enactment of
this Act, the Secretary concerned shall file a map and a legal description
of
each wilderness area and potential wilderness area designated by this
section,
with—
(A) the Committee on
Energy and Natural Resources of the Senate; and
(B) the Committee on
Natural Resources of the House of Representatives.
(2)
Force of
law
The maps and legal descriptions filed under paragraph (1)
shall have the same force and effect as if included in this title, except
that
the Secretary concerned may correct typographical errors in the maps and
legal
descriptions.
(3)
Public
availability
Each map and legal description filed under paragraph
(1) shall be on file and available for public inspection in the
appropriate
offices of the Forest Service and the Bureau of Land Management.
(c)
Incorporation
of acquired land and interests
Any land within the boundary of a
wilderness area designated by section 203 that is acquired by the United
States
shall—
(1) become part of
the wilderness area in which the land is located; and
(2) be managed in
accordance with this section, the Wilderness Act (16 U.S.C. 1131 et seq.),
and
any other applicable law.
(d)
Withdrawal
Subject
to valid existing rights, the Federal land designated as wilderness by
section
203 is withdrawn from all forms of—
(1) entry,
appropriation, or disposal under the public land laws;
(2) location, entry,
and patent under the mining laws; and
(3) disposition under
all laws pertaining to mineral and geothermal leasing or mineral
materials.
(e)
Fire, insects,
and diseases
In accordance with section 4(d)(1) of the Wilderness
Act (16 U.S.C. 1133(d)(1)), within the wilderness areas designated by
section
203, the Secretary concerned may take such measures as are necessary to
control
fire, insects, and diseases, subject to such terms and conditions as the
Secretary concerned determines to be appropriate.
(f)
Access to
private land
In accordance with section 5(a) of the Wilderness
Act (16 U.S.C. 1134(a)), the Secretary concerned shall provide any owner
of
private land within the boundary of a wilderness area designated by
section 203
adequate access to the private land.
(g)
Fish and
wildlife
(1)
In
general
Nothing in this title affects the jurisdiction or
responsibilities of the State with respect to fish and wildlife, including
the
regulation of hunting, fishing, and trapping.
(2)
Management
activities
In furtherance of the purposes and principles of the
Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary concerned may carry
out
management activities to maintain or restore fish and wildlife populations
(including activities to maintain and restore fish and wildlife habitats
to
support the populations) in a wilderness area designated by section 203 if
the
activities are—
(A) consistent with
applicable wilderness management plans; and
(B) carried out in
accordance with applicable guidelines and policies.
(h)
Snow sensors
and stream gauges
Nothing in this title prevents the installation
or maintenance of hydrological, meteorological, or climatological
instrumentation in a wilderness area designated by section 203 if the
Secretary
concerned determines that the installation or maintenance of the
instrumentation is necessary to further the scientific, educational, or
conservation purposes of the wilderness area.
(i)
Livestock
Within
the wilderness areas, the grazing of livestock in which grazing is
established
before the date of enactment of this Act shall be allowed to continue,
subject
to such reasonable regulations, policies, and practices as the Secretary
concerned determines to be necessary, in accordance with—
(1) section 4(d)(4)
of the Wilderness Act (16 U.S.C. 1131(d)(4));
(2) with respect to
wilderness areas administered by the Secretary of Agriculture, the
guidelines
described in House Report 96–617 of the 96th Congress; and
(3) with respect to
wilderness areas administered by the Secretary of the Interior, the
guidelines
described in Appendix A of House Report 101–405 of the 101st Congress.
(j)
Outfitting and
guide activities
(1)
In
general
In accordance with section 4(d)(5) of the Wilderness Act
(16 U.S.C. 1133(d)(5)), commercial services (including authorized
outfitting
and guide activities) within the wilderness areas designated by section
203 may
be performed to the extent necessary for activities that are proper for
realizing the recreational or other wilderness purposes of the wilderness
areas.
(2)
Effect
Nothing
in this title requires the Secretary concerned to modify permits in effect
as
of the date of enactment of this Act to provide outfitting and guide
services
within the areas designated as wilderness by section 203, if the Secretary
concerned determines that the activities are in compliance with section
4(d)(5)
of the Wilderness Act (16 U.S.C. 1133(d)(5)).
(k)
Adjacent
management
(1)
In
general
The designation of a wilderness area by section 203 shall
not create any protective perimeter or buffer zone around the wilderness
area.
(2)
Nonwilderness
activities
The fact that nonwilderness activities or uses can be
seen or heard from areas within a wilderness area designated by section
203
shall not preclude the conduct of the activities or uses outside the
boundary
of the wilderness area.
(l)
Water
impoundment structures
(1)
In
general
The Secretary concerned may issue a special use
authorization to an owner of a water storage, transport, or diversion
facility
located within the areas designated as wilderness by section 203 for the
continued operation, maintenance, and reconstruction of the facility if—
(A) the facility was
in existence before the date of the designation of the wilderness area;
and
(B) the Secretary
concerned determines that—
(i) the
facility has been in substantially continuous use to deliver water for the
beneficial use on the non-Federal land of the owner since the date of the
designation of the wilderness area;
(ii) the owner of the
facility holds a valid water right for use of the water under State law,
with a
priority date that predates the date of the designation of the wilderness
area;
and
(iii) it is not
practicable or feasible to relocate the facility to land outside the
boundary
of the wilderness and continue the beneficial use of water on the
non-Federal
land recognized under State law.
(2)
Use of
motorized equipment and mechanized transport
The special use
authorization under paragraph (1) may allow for the use of motorized
equipment
and mechanized transport if the Secretary concerned determines, after
conducting a minimum tool analysis, that the use of nonmotorized equipment
and
nonmechanized transport is impracticable or infeasible.
(3)
Terms and
conditions
The Secretary concerned may include such terms and
conditions in the special use authorization under paragraph (1) as the
Secretary concerned determines appropriate to protect the wilderness
values of
the area.
(m)
Snowcrest
wilderness area
With respect to the Snowcrest Wilderness
Area—
(1) the continuation
of motorized access to maintain water infrastructure for cattle that
was constructed to protect fluvial Arctic Grayling and other aquatic
species in
the Ruby River may continue—
(A) subject to a
permit; and
(B) in accordance
with—
(i) section 4(d)(4)
of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
(ii) the guidelines
described in House Report 96–617 of the 96th Congress; and
(2) the trailing of
sheep across the Snowcrest Wilderness area to reach existing grazing
allotments
in the Gravelly Mountains may be continued for the tenure of the
allotments—
(A) subject
to—
(i) a
permit; and
(ii) a
determination by the Secretary of Agriculture (acting through the Forest
Supervisor) that the use of nonmechanized transport is impracticable or
infeasible; and
(B) to the maximum
extent practicable, in accordance with the guidelines described in House
Report
96–617 of the 96th Congress.
205.
Release of
Bureau of Land Management study areas
(a)
Finding
Congress
finds that, for purposes of section 603 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782), any portion of a wilderness study
area
described in subsection (b) that is not designated as a wilderness area by
section 203 or any other Act enacted before the date of enactment of this
Act
has been adequately studied for wilderness.
(b)
Description of
study areas
The study areas referred to in subsection (a)
are—
(1) the Axolotl Lakes
Wilderness Study Area;
(2) the Bell and
Limekiln Canyons Wilderness Study Area;
(3) the Blacktail
Mountains Wilderness Study Area;
(4) the Centennial
Mountains Wilderness Study Area;
(5) the Farlin Creek
Wilderness Study Area;
(6) the Henneberry
Ridge Wilderness Study Area;
(7) the Hidden
Pasture Wilderness Study Area;
(8) the Humbug Spires
Wilderness Study Area; and
(9) the Ruby
Mountains Wilderness Study Area.
(c)
Release
Any
study area described in subsection (b) that is not designated as a
wilderness
area by section 203—
(1) is no longer
subject to section 603(c) of the Federal Land Policy and Management Act of
1976
(43 U.S.C. 1782(c)); and
(2) shall be managed
in accordance with the applicable land management plans adopted under
section
202 of that Act (43 U.S.C. 1712).
206.
Release of
Sapphire and West Pioneer Wilderness Study Areas
(a)
Findings
Congress
finds that—
(1) the studies
conducted under section 2 of the Montana Wilderness Study Act of 1977
(Public
Law 95–150; 91 Stat. 1243) regarding each study area described in
subsection
(b) are adequate for the consideration of the suitability of each study
area
for inclusion as a component of the National Wilderness Preservation
System;
and
(2) the Secretary of
Agriculture is not required—
(A) to review the
wilderness option for each study area described in subsection (b) prior to
the
revision of the forest plan required for each land that comprises each
study
area in accordance with the Forest and Rangeland Renewable Resources
Planning
Act of 1974 (16 U.S.C. 1600 et seq.); and
(B) to manage the
portion of each study area described in subsection (b) that is not
designated
as wilderness by section 203 to ensure the suitability of the area for
designation as a component of the National Wilderness Preservation System
pending revision of the applicable forest plan.
(b)
Description of
study areas
The study areas referred to in subsection (a) are
those portions of the following wilderness study areas which are not
designated
as wilderness by section 203:
(1) The portion of
the Sapphire Wilderness Study Area that is located on the
Beaverhead-Deerlodge
National Forest, as described in section 2(4) of the Montana Wilderness
Study
Act of 1977 (Public Law 95–150; 91 Stat. 1243).
(2) The West Pioneer
Wilderness Study Area, as described in section 2(1) of the Montana
Wilderness
Study Act of 1977 (Public Law 95–150; 91 Stat. 1243).
207.
Special
management and recreation management areas
(a)
Designation
To conserve, protect, and enhance the
scenic, fish and wildlife, recreational, backcountry heritage, and other
natural resource values of the areas, the following areas in the State are
designated for special management by the Secretary concerned in accordance
with
this section:
(1)
Highlands
special management area
Certain Federal land in the
Beaverhead-Deerlodge National Forest, comprising approximately 5,011
acres, as
generally depicted on the map entitled Highlands Wilderness Area and
Special Management Area and dated September 13, 2010, which is
designated as the Highlands Special Management Area.
(2)
Lost creek
recreation management area
Certain Federal land in the
Beaverhead-Deerlodge National Forest, comprising approximately 14,589
acres, as
generally depicted on the map entitled Lost Creek Recreation Management
Area and dated September 13, 2010, which is designated as the
Lost Creek Recreation Management Area.
(3)
Otatsy
recreation management area
Certain Federal land in the Lolo
National Forest, comprising approximately 1,859 acres, as generally
depicted on
the map entitled Bob Marshall, Mission Mountains and Scapegoat
Wilderness Additions and Otatsy Recreation Management Area and dated
September 13, 2010, which is designated as the Otatsy Recreation
Management Area.
(4)
Roderick
special management area
Certain Federal land in the Kootenai
National Forest, comprising approximately 3,715 acres, as generally
depicted on
the map entitled Roderick Wilderness and Special Management Area and
Three Rivers Special Management Area and dated September 13, 2010,
which is designated as the Roderick Special Management
Area.
(5)
Snowcrest special management area
Certain Federal land in the Beaverhead-Deerlodge National Forest, comprising approximately 20,493
acres, as generally depicted on the map entitled Snowcrest Special Management Area and dated December 17, 2013, which is designated as the Snowcrest Special Management Area.
(6)
Three Rivers
special management area
Certain Federal land in the Kootenai
National Forest, comprising approximately 71,994 acres, as generally
depicted
on the map entitled Roderick Wilderness and Special Management Area and
Three Rivers Special Management Area and dated September 13, 2010,
which is designated as the Three Rivers Special Management
Area.
(7)
Thunderbolt
creek recreation management area
Certain Federal land in the
Beaverhead-Deerlodge National Forest, comprising approximately 20,432
acres, as
generally depicted on the map entitled Electric Peak Wilderness and
Thunderbolt Creek Recreation Management Area and dated September 13,
2010, which is designated as the Thunderbolt Recreation Management
Area.
(8)
Tobacco roots
recreation management area
Certain Federal land in the
Beaverhead-Deerlodge National Forest, comprising approximately 29,186
acres, as
generally depicted on the map entitled Tobacco Roots Recreation
Management Area and dated September 13, 2010, which is designated as
the Tobacco Roots Recreation Management Area.
(9)
West big hole
recreation management area
Certain Federal land in the
Beaverhead-Deerlodge National Forest comprising approximately 95,144
acres, as
generally depicted on the map entitled West Big Hole Wilderness and
Recreation Management Area and dated September 13, 2010, which is
designated as the West Big Hole Recreation Management
Area.
(10)
West pioneers
recreation management area
Certain Federal land in the
Beaverhead-Deerlodge National Forest, comprising approximately 128,361
acres,
as generally depicted on the map entitled West Pioneers Wilderness and
Recreation Management Area and dated September 13, 2010, which is
designated as the West Pioneers Recreation Management
Area.
(b)
Administration
(1)
Applicable
law
(A)
In
general
The Secretary concerned shall administer each area
designated by subsection (a)—
(i) in
furtherance of the purposes for which the area is established; and
(ii) in
accordance with—
(I) this section;
and
(II) any laws
(including regulations) relating to the National Forest System.
(B)
Closure of
trails
Nothing in this title precludes the Secretary concerned
from closing any trail or area located in the areas designated by
subsection
(a)—
(i) to
protect a natural resource; or
(ii) to
help ensure public safety.
(2)
Withdrawal
Subject
to valid existing rights, any Federal land within an area designated by
subsection (a) (including any Federal land acquired after the date of
enactment
of this Act for inclusion in an area designated by subsection (a)) is
withdrawn
from all forms of—
(A) entry,
appropriation, or disposal under the public land laws;
(B) location, entry,
and patent under the mining laws; and
(C) disposition under
all laws pertaining to mineral and geothermal leasing or mineral
materials.
(3)
Timber
harvesting
(A)
In
general
Except as provided in subparagraph (B) or as authorized
under subsection (c), timber harvesting shall not be permitted within an
area
designated by subsection (a).
(B)
Fire, insects,
and disease
Timber harvesting may be permitted in an area
designated by subsection (a) to the extent consistent with protecting and
preserving the purposes of the areas designated by subsection (a) for
purposes
relating to the necessary control of fire, insects, and disease.
(4)
Use of
motorized or mechanized vehicles
(A)
In
general
Nothing in this section affects the use of motorized or
mechanized vehicles that the Secretary concerned determines is necessary
for
administrative use or to respond to an emergency.
(B)
Mechanized
vehicles, pedestrians, and horse travel
Except as authorized
under subsection (c), nothing in this section prohibits—
(i) the
use of mechanized vehicles, access by pedestrians, or horse travel within
the
areas designated by subsection (a); or
(ii) the construction
of trails for use by mechanized vehicles, pedestrians, and horse travel
within
the areas designated by subsection (a).
(5)
Firewood
The
Secretary concerned may allow for the collection of firewood for
noncommercial
personal use within the areas designated by subsection (a)—
(A) in accordance
with any applicable laws; and
(B) subject to such
terms and conditions as the Secretary concerned determines to be
appropriate.
(c)
Area specific
management requirements
(1)
Highlands
special management area
(A)
Campground
development
No permanent campground may be constructed within the
Highlands Special Management Area.
(B)
Motorized and
mechanized recreation
Except as provided in subparagraph (C), and
as necessary for administrative use or to respond to an emergency, the use
of
motorized or mechanized vehicles within the Highlands Special Management
Area
shall be prohibited.
(C)
Transmission
towers and municipal water pipelines
Nothing in this section
affects—
(i) the
reasonable access of the government of the applicable county to operate
and
maintain the communication site located on Table Mountain under a special
use
permit issued by the Forest Service; and
(ii) the reasonable
access of the city of Butte, Montana, to operate, maintain, and if
necessary,
upgrade or replace the water supply pipeline within the Highlands Special
Management Area in existence as of the date of enactment of this Act for
the
city of Butte (including the surrounding community of the city of
Butte).
(D)
Helicopter
landings
Nothing in this section precludes or restricts the
authority of the Secretary concerned to enter into agreements with the
Secretary of Defense or the Montana National Guard to authorize limited
and
scheduled landings of aircraft in the Highlands Special Management Area.
(2)
Lost creek,
thunderbolt, and west pioneers recreation management areas
(A)
Motorized
recreation
Subject to any terms and conditions the Secretary
concerned determines to be necessary, the use of motorized vehicles within
the
Lost Creek, Thunderbolt, and West Pioneers Recreation Management Areas
shall be
limited to—
(i) roads, trails, or
areas that, as of the date of enactment of this Act, are designated roads,
trails, or areas; and
(ii) during periods
of adequate snow cover, the areas authorized for snowmobile use as of the
date
of enactment of this Act.
(B)
Campground
development
No permanent campground may be constructed within the
Lost Creek Recreation Area.
(3)
Otatsy
recreation management area
(A)
Motorized and
mechanized recreation
(i)
In
general
The use of motorized and mechanized vehicles in the
Otatsy Recreation Management Area shall be permitted only on the roads,
trails,
and areas that are designated for use by motorized and mechanized vehicles
by
the management plan required under subparagraph (B).
(ii)
Interim
management
Until the date on which the management plan required
under subparagraph (B) is approved, and subject to any terms and
conditions
that the Secretary concerned determines to be necessary, the use of
motorized
or mechanized vehicles in the Otatsy Recreation Management Area shall be
limited to the roads and trails designated for such use as of the date of
enactment of this Act, except that during periods of adequate snow cover,
the
use of snowmobiles shall be allowed within the Otatsy Recreation
Management
Area.
(B)
Management
plan
The Secretary concerned shall prepare a management plan for
the Otatsy Recreation Management Area as part of the first revision of the
applicable forest plan that is carried out after the date of enactment of
this
Act.
(4)
Three rivers
and roderick special management areas
(A)
Motorized and
mechanized recreation
Except as provided in subparagraphs (B) and
(C), the use of motorized or mechanized vehicles within the Three Rivers
Special Management Area and the Roderick Special Management Area shall be
limited to the roads on which use by highway legal vehicles is permitted
as of
the date of enactment of this Act.
(B)
Snowmobile
area
Subject to any terms and conditions the Secretary concerned
determines to be necessary, during periods of adequate snow cover, the use
of
snowmobiles shall be allowed in the areas designated as
motorized in the map entitled “Roderick Wilderness and Special
Management Area and Three Rivers Special Management Area” and dated
December 17, 2013.
(C)
Game
carts
The Secretary concerned may authorize the use of
nonmotorized game carts in the area identified as Roderick Special
Management Area on the map described in subparagraph (B).
(D)
Campground
development
No permanent campground may be constructed in the
Three Rivers Special Management Area or the Roderick Special Management
Area.
(5)
Snowcrest special management area
The Secretary concerned may authorize the use of nonmotorized game carts within the Snowcrest
Special Management Area.
(6)
Tobacco roots
recreation management area
Subject to any terms and conditions
that the Secretary concerned determines to be necessary, the use of
motorized
vehicles shall be limited to the roads and trails in the Tobacco Roots
Recreation Management Area designated for such use as of the date of
enactment
of this Act.
(7)
West big hole
recreation management area
(A)
Motorized
recreation
Subject to any terms and conditions the Secretary
concerned determines to be necessary, the use of motorized vehicles within
the
West Big Hole Recreation Management Area shall be limited to—
(i) the
roads, trails, and areas that, as of the date of enactment of this Act,
are
designated roads, trails, or areas; and
(ii) during periods
of adequate snow cover, the areas authorized for snowmobile use as of the
date
of enactment of this Act.
(B)
Timber
harvest
The Secretary concerned may authorize post and pole,
firewood, and fuel reduction timber projects in the West Big Hole
Recreation
Management Area, subject to such terms and conditions that the Secretary
concerned determines to be appropriate.
208.
All-terrain-vehicle
study and report
Not later
than 1 year after the date of enactment of this Act, the Secretary
concerned
shall study and report on—
(1) the opportunities
for expanded all-terrain vehicle roads and trails across the Three Rivers
District and adjacent areas on the Kootenai National Forest;
(2) the
interconnectedness of roads on private or State land; and
(3) the opportunities
for expanded access points to existing trails.
May 22, 2014Reported with an amendment