[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2473 Reported in House (RH)]
Union Calendar No. 280
103d CONGRESS
2d Session
H. R. 2473
[Report No. 103-487, Parts I and II]
_______________________________________________________________________
A BILL
To designate certain National Forest lands in the State of Montana as
wilderness, to release other National Forest lands in the State of
Montana for multiple use management, and for other purposes.
_______________________________________________________________________
May 11, 1994
Committee on Merchant Marine and Fisheries discharged; committed to the
Committee of the Whole House on the State of the Union and ordered to
be printed
Union Calendar No. 280
103d CONGRESS
2d Session
H. R. 2473
[Report No. 103-487, Parts I and II]
To designate certain National Forest lands in the State of Montana as
wilderness, to release other National Forest lands in the State of
Montana for multiple use management, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 18, 1993
Mr. Williams introduced the following bill; which was referred jointly
to the Committees on Agriculture and Natural Resources
April 28, 1994
Reported from the Committee on Natural Resources with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
May 10, 1994
The amendment recommended by the Committee on Natural Resources
referred to the Committee on Merchant Marine and Fisheries for a period
ending not later than May 11, 1994, for consideration of such
provisions of the amendment as fall within the jurisdiction of that
committee pursuant to clause 1(m), rule X
May 10, 1994
Reported from the Committee on Agriculture
May 11, 1994
Committee on Merchant Marine and Fisheries discharged; committed to the
Committee of the Whole House on the State of the Union and ordered to
be printed
[For text of introduced bill, see copy of bill as introduced on June
18, 1993]
_______________________________________________________________________
A BILL
To designate certain National Forest lands in the State of Montana as
wilderness, to release other National Forest lands in the State of
Montana for multiple use management, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be referred to as ``The Montana Wilderness Act of
1994''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) Many areas of undeveloped National Forest System lands
in the State of Montana possess outstanding natural
characteristics which give them high value as wilderness and
will, if properly preserved, contribute as an enduring resource
of wild land for the benefit of the American people.
(2) The existing Department of Agriculture Land and
Resource Management Plans for Forest System lands in the State
of Montana have identified areas which, on the basis of their
land form, ecosystem, associated wildlife, and location will
help to fulfill the National Forest System's share of a quality
National Wilderness Preservation System.
(3) The existing Department of Agriculture Land and
Resource Management Plans for National Forest System lands in
the State of Montana and the related congressional review of
such lands have also identified areas that do not possess
outstanding wilderness attributes or possess outstanding
energy, mineral, timber, grazing, dispersed recreation, or
other values. Such areas should not be designated as components
of the National Wilderness Preservation System.
(4) Montanans and those interested in Montana's wildlands
have been fully involved in the formulation of this wilderness
proposal. That the wilderness designations recommended in this
legislation have been developed with the support of Montana
wilderness advocates and is therefore the product of years of
negotiations.
(b) Purposes.--The purposes of this Act are to--
(1) designate certain National Forest System lands in the
State of Montana as components of the National Wilderness
Preservation System, in furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), in order to preserve
the wilderness character of the land and to protect watersheds
and wildlife habitat, preserve scenic and historic resources,
and promote scientific research, primitive recreation,
solitude, and physical and mental challenge; and
(2) ensure that certain other National Forest System lands
in the State of Montana will be made available for uses other
than wilderness in accordance with applicable national forest
laws, planning procedures and the provisions of this Act.
SEC. 3. WILDERNESS DESIGNATIONS.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act of 1964, the following lands in the State of Montana are designated
as wilderness and, therefore, as components of the National Wilderness
Preservation System:
(1) Certain lands in the Beaverhead, Bitterroot, and
Deerlodge National Forests, which comprise approximately 31,600
acres, as generally depicted on a map entitled ``Anaconda-
Pintler Wilderness Additions--Proposed'' (North Big Hole, Storm
Lake, Upper East Fork), dated March 1994, and which are hereby
incorporated in and shall be deemed to be a part of the
Anaconda-Pintler Wilderness.
(2) Certain lands in the Beaverhead National Forest, which
comprise approximately 33,000 acres, as generally depicted on a
map entitled ``Italian Peaks Wilderness--Proposed'', dated
March 1994, and which shall be known as the Italian Peaks Unit
of the Howard Zahnizer Great Divide Wilderness.
(3) Certain lands in the Beaverhead National Forest, which
comprise approximately 84,920 acres, as generally depicted on a
map entitled ``East Pioneer Wilderness--Proposed'', dated March
1994, and which shall be known as the East Pioneer Wilderness.
(4) Certain lands in the Beaverhead National Forest,
Montana, comprising approximately 40,000 acres, as generally
depicted on a map entitled ``West Big Hole Wilderness--
Proposed'', dated March 1994, and which shall be known as the
West Big Hole Unit of the Howard Zahnizer Great Divide
Wilderness.
(5) Certain lands in the Bitterroot, Deerlodge, and Lolo
National Forests, which comprise approximately 76,600 acres, as
generally depicted on a map entitled ``Stony Mountain
Wilderness--Proposed'', dated March 1994, and which shall be
known as the Stony Mountain Wilderness. The provisions of
section 4 of this Act shall not apply to the portion of such
lands within the drainage of the Burnt Fork.
(6) Certain lands in the Bitterroot and Lolo National
Forests, which comprise approximately 55,500 acres, as
generally depicted on maps entitled ``Selway-Bitterroot
Wilderness Additions--Proposed'', dated March 1994, and which
are hereby incorporated in and shall be deemed to be a part of
the Selway-Bitterroot Wilderness.
(7) Certain lands in the Custer National Forest, which
comprise approximately 13,700 acres, as generally depicted on a
map entitled ``Pryor Mountains Wilderness--Proposed'', dated
March 1994, and which shall be known as the Pryor Mountains
Wilderness.
(8) Certain lands in the Custer National Forest, which
comprise approximately 28,000 acres, as generally depicted on a
map entitled ``Custer Absaroka Beartooth Wilderness Additions--
Proposed'' (Burnt Mountain, Timberline Creek, Stateline, Line
Creek Plateau, and Mystic Lake), dated March 1994, and which
are hereby incorporated in and shall be deemed to be a part of
the Absaroka Beartooth Wilderness.
(9) Certain lands in the Deerlodge and Helena National
Forests, which comprise approximately 26,800 acres, as
generally depicted on a map entitled ``Blackfoot Meadow-
Electric Peak Wilderness--Proposed'', dated March 1994, and
which shall be known as the Blackfoot Meadow Unit of the Howard
Zahnizer Great Divide Wilderness.
(10) Certain lands in the Flathead and Kootenai National
Forests, which comprise approximately 120,400 acres, as
generally depicted on a map entitled ``North Fork Wilderness--
Proposed (Tuchuck, Thompson-Seton, and Mount Hefty)'', dated
March 1994, and which shall be known as the North Fork
Wilderness.
(11) Certain lands in the Flathead, Helena, Lolo, and Lewis
and Clark National Forests, which comprise approximately
261,440 acres, as generally depicted on maps entitled ``Arnold
Bolle Additions to the Bob Marshall Wilderness--Proposed''
(Silver King-Falls Creek, Renshaw, Clearwater-Monture, Deep
Creek, Teton High Peak, Volcano Reef, Slippery Bill, Limestone
Cave, Choteau Mountain, and Crown Mountain, Lost Jack, Spotted
Bear), dated March 1994, which shall be known as the Arnold
Bolle-Bob Marshall Wilderness Additions and are incorporated in
and shall be deemed to be a part of the Bob Marshall
Wilderness.
(12) Certain lands in the Flathead National Forest, which
comprise approximately 960 acres, as generally depicted on a
map entitled ``Mission Mountains Wilderness Additions--
Proposed'', dated March 1994, and which are hereby incorporated
in and shall be deemed to be a part of the Mission Mountain
Wilderness.
(13) Certain lands in the Flathead and Lolo National
Forests, comprising approximately 175,500 acres, as generally
depicted on maps entitled ``Jewel Basin/Swan Wilderness--
Proposed'', dated March 1994. Those lands contiguous to the
west slope of the Bob Marshall Wilderness referred to in this
paragraph are hereby incorporated in and shall be deemed to be
a part of the Bob Marshall Wilderness, while the remaining
lands shall be known as the Swan Crest Wilderness, the
boundaries of which are depicted on the map referenced in this
paragraph.
(14) Certain lands in the Gallatin National Forest, which
comprise approximately 14,440 acres, as generally depicted on a
map entitled ``Gallatin Absaroka Beartooth Wilderness
Additions--Proposed'' (Dexter Point, Tie Creek and Mt. Rae),
dated March 1994, and which are hereby incorporated in and
shall be deemed to be a part of the Absaroka Beartooth
Wilderness.
(15) Certain lands in the Gallatin and Beaverhead National
Forests, which comprise approximately 20,400 acres, as
generally depicted on a map entitled ``Lee Metcalf Cowboys
Heaven Addition--Proposed'', dated March 1994, and which are
hereby incorporated in and shall be deemed to be a part of the
Lee Metcalf Wilderness.
(16) Certain lands in the Gallatin National Forest, which
comprise approximately 18,300 acres, as generally depicted on a
map entitled ``Earthquake Wilderness--Proposed'', dated March
1994, and which shall be known as the Earthquake Unit of the
Howard Zahnizer Great Divide Wilderness.
(17) Certain lands in the Helena National Forest, which
comprise approximately 22,900 acres, as generally depicted on a
map entitled ``Camas Creek Wilderness--Proposed'', dated March
1994, and which shall be known as the Camas Creek Wilderness.
(18) Certain lands in the Helena National Forest, which
comprise approximately 15,000 acres, as generally depicted on a
map entitled ``Mount Baldy Wilderness--Proposed'', dated March
1994, and which shall be known as the Mount Baldy Wilderness.
(19) Certain lands in the Helena National Forest, Montana,
which comprise approximately 10,000 acres, as generally
depicted on a map entitled ``Gates of the Mountains Wilderness
Additions--Proposed'' (Big Log), dated March 1994, and which
are hereby incorporated in and shall be deemed to be part of
the Gates of the Mountain Wilderness.
(20) Certain lands in the Helena National Forest, which
comprise approximately 10,700 acres, as generally depicted on a
map entitled ``Black Mountain Wilderness--Proposed'', dated
March 1994, and which shall be known as the Black Mountain Unit
of the Howard Zahniser Great Divide Wilderness.
(21) Certain lands in the Kootenai National Forest, which
comprise approximately 39,620 acres, as generally depicted on a
map entitled ``Cabinet Mountains Wilderness Additions--
Proposed'', dated March 1994, and which are hereby incorporated
in and shall be deemed to be part of the Cabinet Mountains
Wilderness.
(22) Certain lands in the Kaniksu and Kootenai National
Forest, which comprise approximately 52,000 acres, as generally
depicted on a map entitled ``Scotchman Peaks Wilderness--
Proposed'', dated March 1994, which shall be known as the
Scotchman Peaks Wilderness.
(23) Certain lands in the Kootenai National Forest which
comprise approximately 42,000 acres, as generally depicted on a
map entitled ``Yaak Wilderness--Proposed'' (Roderick Mountain,
Grizzly Peak, Dark Mountain), dated March 1994, which shall be
known as the Yaak Wilderness.
(24) Certain lands in the Kootenai and Lolo National
Forests, which comprise approximately 17,900 acres, as
generally depicted on a map entitled ``Cataract Peak
Wilderness--Proposed'', dated March 1994, which shall be known
as the Cataract Peak Wilderness.
(25) Certain lands in the Lolo National Forest, which
comprise approximately 19,400 acres, as generally depicted on a
map entitled ``Cube Iron/Mount Silcox Wilderness--Proposed'',
dated March 1994, which shall be known as the Cube Iron/Mount
Silcox Wilderness.
(26) Certain lands in the Lolo National Forest, which
comprise approximately 94,700 acres, as generally depicted on a
map entitled ``Great Burn Wilderness--Proposed'', dated March
1994, which shall be known as the Great Burn Wilderness.
(27) Certain lands in the Lolo National Forest, which
comprise approximately 60,100 acres, as generally depicted on a
map entitled ``Quigg Peak Wilderness--Proposed'', dated March
1994, which shall be known as the Quigg Peak Wilderness.
(28) Certain lands in the Kootenai National Forest, which
comprise approximately 24,600 acres, as generally depicted on a
map entitled ``Trout Creek Wilderness--Proposed'', dated March
1994, and which shall be known as the Trout Creek Wilderness.
(29) Certain lands in the Helena National Forest, which
comprise approximately 21,700 acres, as generally depicted on a
map entitled ``Nevada Mountain Wilderness--Proposed'', dated
March 1994, and which shall be known as the Nevada Mountain
Unit of the Howard Zahnizer Great Divide Wilderness.
(30) Certain lands in the Helena National Forest, which
comprise approximately 56,100 acres, as generally depicted on a
map entitled ``Elkhorn Wilderness--Proposed'', dated March
1994, and which shall be known as the Elkhorn Wilderness.
(31) Certain lands in the Gallatin National Forest, which
comprise approximately 500 acres, as generally depicted on a
map entitled ``North Absaroka Wilderness Addition--Proposed
(Republic Mountain)'', dated March 1994, and which are hereby
incorporated in and shall be deemed a part of the North
Absaroka Wilderness.
(32) Certain lands in the Beaverhead National Forest, which
comprises approximately 90,000 acres, as generally depicted on
a map entitled ``Snowcrest Wilderness--Proposed'', dated March
1994 and shall be known as the Snowcrest Wilderness.
(33) Certain lands in the Beaverhead National Forest, which
comprise approximately 4,700 acres, as generally depicted on a
map entitled ``Mount Jefferson Wilderness--Proposed'', dated
March 1994 and shall be known as the Mount Jefferson Unit of
the Howard Zahnizer Great Divide Wilderness.
(34) Certain lands in the Deerlodge National Forest which
comprise about 30,300 acres, as generally, depicted on a map
entitled ``Flint Creek Wilderness--Proposed'', dated March 1994
and shall be known as the Flint Creek Wilderness.
(35) Certain lands in the Gallatin and Lewis and Clark
National Forests, which comprise approximately 34,800 acres, as
generally depicted on a map entitled ``Crazy Mountain
Wilderness--Proposed'', dated March 1994 and shall be known as
the Crazy Mountain Wilderness.
(36) Certain lands in the Beaverhead and Deerlodge National
Forests, which comprise approximately 19,500 acres, as
generally depicted on a map entitled ``Tobacco Roots
Wilderness--Proposed'', dated March 1994, and shall be known as
the Tobacco Roots Wilderness.
(b) Maps and Descriptions.--(1) The Secretary of Agriculture
(hereinafter referred to as the ``Secretary'') shall file the maps
referred to in this section and legal descriptions of each wilderness
area designated by this section with the Committee on Energy and
Natural Resources of the United States Senate and the Committee on
Natural Resources of the United States House of Representatives, and
each such map and legal description shall have the same force and
effect as if included in this Act.
(2) The Secretary may correct clerical and typographical errors in
the maps and legal descriptions submitted pursuant to this section.
(3) Each map and legal description referred to in this section
shall be on file and available for public inspection in the office of
the Chief of the Forest Service, Washington, D.C. and at the office of
the Regional Forester of the Northern Region.
(c) Administration.--Subject to valid existing rights, each
wilderness area designated by this section shall be administered by the
Secretary of Agriculture in accordance with the provisions of the
Wilderness Act of 1964, except that, with respect to any area
designated in this section, any reference to the effective date of the
Wilderness Act shall be deemed to be a reference to the date of
enactment of this Act.
(d) Wilderness Area Perimeters.--Congress does not intend that the
designation of wilderness areas in this section will lead to the
creation of protective perimeters or buffer zones around such areas.
The fact that nonwilderness activities or uses can be seen or heard
from areas within a wilderness area shall not, of itself, preclude such
activities or uses up to the boundary of the wilderness area.
(e) Grazing.--The grazing of livestock, where established prior to
the date of enactment of this Act, in wilderness areas designated in
this section shall be administered in accordance with section 4(d)(4)
of the Wilderness Act of 1964 and section 108 of an Act entitled ``An
Act to designate certain National Forest System Lands in the States of
Colorado, South Dakota, Missouri, South Carolina, and Louisiana for
inclusion in the National Wilderness Preservation System, and for other
purposes'' (94 Stat. 3271; 16 U.S.C. 1133 note).
(f) State Fish and Game Authority.--In accordance with section
4(d)(7) of the Wilderness Act of 1964, nothing in this Act shall be
construed as affecting the jurisdiction or responsibilities of the
State of Montana with respect to wildlife and fish in the national
forests of Montana.
(g) Hunting.--Nothing in this Act or the Wilderness Act of 1964
shall be construed to prohibit hunting within the wilderness areas
designated in this section.
(h) Collection Devices.--(1) Within the wilderness areas designated
in this section, maintenance and replacement of essential hydrological,
meteorological, or climatological collection devices and ancillary
facilities are permitted, subject to such conditions as the Secretary
deems desirable.
(2) Access to the devices and facilities described in paragraph (1)
shall be by the least intrusive practicable means available as
determined by the Secretary. Access, installation, and maintenance
shall be compatible with the provisions of the Wilderness Act.
(i) FACA.--The provisions of the Federal Advisory Committee Act
notwithstanding, the wilderness managing agencies are hereby authorized
to use citizen advisory groups, task forces, and ad hoc committees
among the public involvement techniques employed to assist the agencies
in the development of wilderness management direction.
SEC. 4. WATER.
(a) Findings, Purposes, and Definitions.--(1) The Congress finds
that--
(A) the lands designated as wilderness by this Act are
located at the headwaters of the streams and rivers on those
lands, with no actual or proposed water resource facilities
located upstream from such lands and no opportunities for
diversion, storage, or other uses of water occurring outside
such lands that would adversely affect the wilderness values of
such lands;
(B) the lands designated as wilderness by this Act are not
suitable for use for development of new water resource
facilities, or for the expansion of existing water resource
facilities; and
(C) therefore, it is possible to provide for proper
management and protection of the water-related wilderness
values of such lands in ways different from those utilized in
other legislation designating as wilderness lands not sharing
the attributes of the lands designated as wilderness by this
Act.
(2) The purpose of this section is to protect the water-related
wilderness values of the lands designated as wilderness by this Act by
means other than those based on a Federal reserved water right.
(3) As used in this section--
(A) the term ``water resource facility'' means irrigation
and pumping facilities, reservoirs, water conservation works,
aqueducts, canals, ditches, pipelines, wells, hydropower
projects, and transmission and other ancillary facilities, and
other water diversion, storage, and carriage structures; and
(B) the term ``historic'', used with reference to rates of
flow, quantities of use, or timing or frequency of use of
water, means the pattern of actual average annual use or
operation of a facility prior to the date of enactment of this
Act.
(b) Restriction on Claims and Clarification of Effect.--(1)
Notwithstanding any other provision of law, no court or agency shall
have any jurisdiction under any Act of Congress (including the
``McCarran Amendment'', 43 U.S.C. 666) to consider any claim on behalf
of the United States asserted by the Secretary or by any other person
to or for water or water rights in the State of Montana based on any
construction of any portion of this Act, or the designation of any
lands as wilderness by this Act, as constituting an express or implied
reservation of water or water rights.
(2)(A) Nothing in this Act shall be construed as a disclaimer,
relinquishment, or reduction of any water rights held or claimed by the
United States in the State of Montana on or before the date of
enactment of this Act.
(B) Nothing in this Act shall be construed as constituting an
interpretation of any other Act or any designation made by or pursuant
thereto.
(C) Nothing in this Act shall be construed as establishing a
precedent with regard to any future wilderness designations.
(c) Prohibition of New or Expanded Projects.--(1) Notwithstanding
any other provision of law, on and after the date of enactment of this
Act neither the President nor any other officer, employee, or agent of
the United States shall fund, assist, authorize, or issue a license or
permit for, or exempt from licensing or permitting--
(A) the development of any new water resource facility
within the lands designated as wilderness or for wilderness
study by this Act; or
(B) the enlargement of a water resource facility or the
expansion of the historic rate of diversion, quantity of use,
or timing or frequency of use of a water resource facility that
is located within or that would adversely affect the wilderness
values of lands designated as wilderness or for wilderness
study by this Act.
(2) Except as provided in subsection (d) of this section, nothing
in this Act shall be construed to affect or limit operation,
maintenance, repair, modification, or replacement without enlargement
of water resource facilities in existence on the date of enactment of
this Act located within the boundaries of the lands designated as
wilderness or for wilderness study by this Act.
(d) Access and Operation.--(1) Subject to the provisions of this
subsection, the Secretary shall allow reasonable access to water
resource facilities in existence on the date of enactment of this Act
located within lands designated as wilderness or for wilderness study
by this Act, including motorized access where necessary and customarily
employed on routes existing as of the date of enactment of this Act.
(2) Subject to the provisions of this subsection, the Secretary, to
the extent required for the continued exercise of any valid water
rights associated with such facilities, shall allow the present
diversion, carriage, and storage capacity of water resource facilities
existing on the date of enactment of this Act located within lands
designated as wilderness or for wilderness study by this Act, and
access routes to such facilities existing and customarily employed as
of such date, to be operated, maintained, repaired, and replaced as
necessary to maintain the present function, design, and serviceable
operation of such facilities and routes, so long as such activities
have no greater adverse impacts on wilderness values than as of the
date of enactment of this Act.
(3) Water resource facilities, and access routes serving such
facilities, existing on the date of enactment of this Act shall be
maintained and repaired when and to the extent necessary to prevent
increased adverse impacts on wilderness values.
(4) There shall be no enlargement in the historic rate of
diversion, quantity of use, or timing or frequency of use of water
resource facilities existing on the date of enactment of this Act
located within lands designated as wilderness or for wilderness study
by this Act.
(e) Monitoring and Implementation.--(1) The Secretary of
Agriculture shall monitor the operation of and access to water resource
facilities within the boundaries of the lands designated as wilderness
and for wilderness study by this Act, and shall take all steps that the
Secretary finds necessary or desirable in order to further the
protection of the resources and values of such lands and to implement
the provisions of this section, including, to the extent consistent
with this Act, the utilization of any procedures available under
Federal or State law, including laws of the State of Montana concerning
either the utilization of water or the establishment, adjudication, and
administration of water rights.
(2) In implementing subsection (d)(3), the Secretary may require
the owners of water resource facilities or parties entitled to use
access routes to perform necessary maintenance or repairs, and may
require the relocation or removal of such facilities or such routes if
such necessary maintenance or repairs are not performed or not feasible
or such facilities or routes are no longer in use.
(f) Application to Other Areas.--Solely for purposes of
implementation of subsections (c), (d), and (e) of this section, lands
in Montana which as of the date of enactment of this Act are managed as
wilderness study areas pursuant to Public Law 95-150 shall be deemed to
have been designated for wilderness study by this Act, and such lands
shall be managed pursuant to the provisions of such subsections in
addition to other applicable provisions of law.
SEC. 5. SPECIAL MANAGEMENT AREAS.
(a) Designations.--For the purposes of conserving, protecting and
enhancing the exceptional scenic, fish and wildlife, biological,
educational and recreational values of certain National Forest System
lands in the State of Montana, the following designations are made:
(1) The Mount Helena National Education and Recreation Area
located in the Helena National Forest, comprising approximately
5,220 acres, as generally depicted on a map entitled ``Mount
Helena National Education and Recreation Area--Proposed'',
dated March 1994.
(2) The Hyalite National Education and Recreation Area
located in the Gallatin National Forest, comprising
approximately 18,900 acres, as generally depicted on a map
entitled ``Hyalite National Education and Recreation Area--
Proposed'', dated March 1994.
(3) The Northwest Peak National Recreation Area located in
the Kaniksu and Kootenai National Forests, comprising
approximately 16,700 acres, as generally depicted on a map
entitled ``Northwest Peak National Recreation and Scenic Area--
Proposed'', dated March 1994.
(4) The Buckhorn Ridge National Recreation Area located in
the Kaniksu and Kootenai National Forests, comprising
approximately 22,600 acres, as generally depicted on a map
entitled ``Buckhorn Ridge National Recreation Area--Proposed'',
dated March 1994.
(5) The West Big Hole National Recreation Area located in
the Beaverhead National Forest, comprising approximately 90,000
acres, as generally depicted on a map entitled ``West Big Hole
National Recreation Area--Proposed'', dated March 1994, and
which shall be known as the West Big Hole National Recreation
Area.
(6) The LeBeau Natural Area located on the Kootenai and
Flathead National Forests comprising approximately 5,350 acres,
as generally depicted on a map entitled ``LeBeau Natural Area--
Proposed'', dated March 1994.
(7) The Ross Creek Cedars Natural Area located on the
Kootenai National Forest comprising approximately 700 acres, as
generally depicted on a map entitled ``Ross Creek Cedars
Natural Area--Proposed'', dated March 1994.
(8) The McIntire Natural Area located on the Kootenai
National Forest comprising approximately 75,000 acres, as
generally depicted on a map entitled ``McIntire Natural Area--
Proposed'', dated March 1994.
(b) Maps and Boundary Descriptions.--The Secretary shall file a map
and boundary description for each area referred to in this section with
the Committee on Energy and Natural Resources, United States Senate,
and the Committee on Natural Resources, United States House of
Representatives, and each such map and boundary description shall have
the same force and effect as if included in this Act: Provided, That
the Secretary may correct clerical and typographical errors in such
maps and boundary descriptions. Each such map and boundary description
shall be on file and available for public inspection in the office of
the Chief of the Forest Service and the office of the Regional Forester
of the Northern Region.
(c) Management.--(1) Except as otherwise may be provided in this
subsection, the Secretary shall administer the areas designated in
subsection (a) so as to achieve the purposes of their designation and
in accordance with the laws and regulations applicable to the National
Forest System.
(2) Subject to valid existing rights, all federally owned lands
within the areas designated in subsection (a) are hereby withdrawn from
all forms of entry, appropriation and disposal under the mining and
public land laws, and disposition under the geothermal and mineral
leasing laws.
(3) Commercial timber harvesting is prohibited in the areas
designated by this section with the following exceptions:
(A) Nothing in this Act shall preclude such measures which
the Secretary, in his discretion, deems necessary in the event
of fire, or infestation of insects or disease.
(B) Fuel wood, post and pole gathering may be permitted.
(C) Commercial timber harvesting may be permitted in the
Hyalite National Recreation and Education Area, but must be
compatible with the purposes of its designation.
(4) Where the Secretary determines that such use is compatible with
the purposes for which an area is designated, the use of motorized
equipment may be permitted in the areas subject to applicable law and
applicable land and resource management plans.
(5) The grazing of livestock, where established prior to the date
of enactment of this Act may be permitted to continue subject to
applicable law and regulations of the Secretary.
(d) National Education and Recreation Areas and Natural Areas.--(1)
The Secretary shall manage the Mount Helena and Hyalite National
Education and Recreation Areas with a focus on education. All
management activities shall be conducted in a manner that provides the
public with an opportunity to become better informed about natural
resource protection and management.
(2) The Secretary shall manage the LeBeau, McIntire and Ross Creek
Cedars Natural Areas for the enhancement of biodiversity and scientific
study. These forests' unique natural qualities are to be the focus of
the area's management.
(e) Land and Resource Management Plans.--Those areas established
pursuant to subsection (a) shall be administered as components of the
national forests wherein they are located. Land and resource management
plans for the affected national forests prepared in accordance with the
Forest and Rangeland Renewable Resources Planning Act, as amended by
the National Forest Management Act, shall be amended to be consistent
with the purposes for which the areas are designated. The provisions of
the national forest land and resource management plan, relating to each
area designated by this section, shall also be available to the public
in a document separate from the rest of the forest plan.
SEC. 6. WILDERNESS STUDY AREAS.
(a) Designation.--The following areas are hereby designated as
wilderness study areas and shall be managed in accordance with the
provisions of this section:
(1) Certain lands on the Gallatin National Forest,
comprising approximately 21,500 acres, as generally depicted on
a map entitled ``Sawtooth Mountain Wilderness Study Area--
Proposed'', dated September 1992.
(2) Certain lands in the Lolo National Forest which
comprise approximately 22,000 acres, as generally depicted on a
map entitled ``Sheep Mountain Wilderness Study Area--
Proposed'', dated November 1991.
(3) Certain lands in the Lewis and Clark and Gallatin
National Forests, which comprise approximately 111,700 acres,
as generally depicted on a map entitled ``Crazy Mountain
Wilderness Study Area--Proposed'', dated October 1992. The
Forest Service shall complete a study of public and private
land consolidation alternatives for this area which shall be
submitted to the appropriate committees of Congress 2 years
after the date of the enactment of this Act.
(4) Certain lands in the Gallatin National Forest, which
comprise approximately 4,500 acres, as generally depicted on a
map entitled ``South Cottonwood Wilderness Study Area--
Proposed,'' dated September, 1992, and shall be managed as part
of the Gallatin Wilderness Study Area in accordance with Public
Law 95-150.
(5) Certain lands in the Lewis and Clark National Forest
which comprise approximately 100,000 acres, as generally
depicted on a map entitled ``Tenderfoot-Deep Creek Wilderness--
Proposed'', dated March 1994.
(b) Report.--When the forest plans are revised, the Secretary shall
submit a report to the Committee on Energy and Natural Resources of the
United States Senate and the Committee on Natural Resources of the
United States House of Representatives containing recommendations as to
whether the areas designated in subsection (a) should be added as
components of the National Wilderness Preservation System.
(c) Management.--Subject to valid existing rights, the wilderness
study areas designated in subsection (a) shall be managed to protect
their suitability for inclusion in the National Wilderness Preservation
System.
(d) Maps.--The Secretary shall file a map and boundary description
for each area referred to in this section with the Committee on Natural
Resources, United States House of Representatives, and the Committee on
Energy and Natural Resources, United States Senate, and each such map
and boundary description shall have the same force and effect as if
included in this Act: Provided, That correction of clerical and
typographical errors in these maps may be made. Each map and boundary
description shall be on file and available for public inspection in the
office of the Chief of the Forest Service and the Regional Forester of
the Northern Region.
SEC. 7. BADGER-TWO MEDICINE AREA.
(a) Withdrawal.--(1) Subject to valid existing rights including
rights held by the Blackfeet Nation under existing treaties and
statute, all federally owned lands as depicted on a map entitled
``Badger-Two Medicine Area'', dated September 1991, comprising
approximately 116,600 acres, are withdrawn from all forms of entry,
appropriation, and disposal under the mining and public land laws and
from disposition under the geothermal and mineral leasing laws. Until
otherwise directed by Congress, the Secretary shall manage this area so
as to protect its wilderness qualities.
(2) Nothing in this section shall preclude the gathering of timber
by the Blackfeet Nation in exercise of and consistent with valid treaty
rights within the Badger-Two Medicine Area.
(3)(A) With respect to oil and gas leases on Federal lands within
the Badger-Two Medicine Area, no surface disturbance shall be permitted
pursuant to such leases until Congress determines otherwise.
(B) Notwithstanding any other law, the term of any oil and gas
lease subject to the limitations imposed by this section shall be
extended for a period of time equal to the term that such limitation
remains in effect.
(b) Review.--The Secretary shall conduct a review of the area
referred to in subsection (a) as to its availability for inclusion in
the National Wilderness Preservation System and in accordance with the
provisions of this subsection. Not later than 5 years after the date of
enactment of this Act, the Secretary shall report to Congress. In
conducting this review:
(1) The Secretary shall establish a committee composed of 2
representatives from the Blackfeet Nation, as well as one
representative from the National Park Service, one
representative from the Forest Service, and representatives of
various concerned user groups, including proportional
representation for environmental groups, industry groups and
other interested parties. The Committee shall not exceed eleven
members. The Blackfeet Tribal Business Council shall choose the
2 Tribal representatives. The Blackfeet Tribal Business Council
shall conduct a public meeting to receive recommendations of
the community regarding the selection of these members. The
committee shall regularly advise the Secretary during the
preparation of the report required in this subsection and
submit its findings to Congress concurrently with those of the
Secretary.
(2) Special consideration shall be given to the religious,
wilderness and wildlife uses of the area, taking into account
any treaties the United States has entered into with the
Blackfeet Nation.
(3) In consultation with the committee, the Secretary shall
establish a process to provide information to the Blackfeet
Nation and interested public about options for future
designation of the Badger-Two Medicine Area.
(c) Rights.--Nothing in this section shall be construed to
diminish, prejudice, add to, or otherwise affect the treaty rights of
the Blackfeet Nation or the rights of the United States.
(d) Map and Boundary Description.--(1) The Secretary shall file a
map and boundary description of the area designated by this section
with the Committee on Energy and Natural Resources, United States
Senate and Committee on Natural Resources of the United States House of
Representatives and such map and boundary description shall have the
same force and effect as if included in this Act.
(2) The Secretary may correct clerical and typographical errors in
the map and boundary description submitted pursuant to this section.
(3) The map and boundary description referred to in this section
shall be on file and available for public inspection in the office of
the Chief of the Forest Service and the office of the Regional Forester
of the Northern Region.
SEC. 8. LANDS ADMINISTERED BY BUREAU OF LAND MANAGEMENT.
(a) Findings.--The Congress has reviewed the suitability of a
portion of the Axolotl Lakes Wilderness Study Area (MT-076-069, BLM
Wilderness Study Number) as generally depicted on a map entitled
``Released portion of Axolotl Lakes WSA'', dated September 1992, for
wilderness designation and finds that this portion has been
sufficiently studied for wilderness pursuant to section 603 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782).
(b) Direction.--The area described in subsection (a) shall no
longer be subject to the requirement of section 603(c) of the Federal
Land Policy and Management Act of 1976 pertaining to management in a
manner that does not impair suitability for preservation as wilderness.
(c) Administrative Jurisdiction.--Those lands designated as
wilderness pursuant to section 3(a) of this Act, which, as of the date
of enactment of this Act, are administered by the Secretary of the
Interior as public lands (as defined in the Federal Land Policy and
Management Act of 1976), are hereby transferred to the jurisdiction of
the Secretary of Agriculture, and shall be added to and managed as part
of the National Forest System, and the boundaries of the adjacent
National Forests are hereby modified to include such lands.
(d) Land and Water Conservation Fund.--For purposes of section 7 of
the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-9),
the boundaries of affected National Forests, as modified by this
section, shall be considered to be the boundaries of such National
Forests as if they were the boundaries of the National Forests as of
January 1, 1965. Money appropriated from the Land and Water
Conservation Fund shall be available for the acquisition of lands,
waters, and interests therein in furtherance of the purposes of this
Act.
SEC. 9. MONTANA ECOSYSTEM AND ECONOMICS STUDY.
(a) Definitions.--For the purposes of this section:
(1) The term ``ecosystem'' means a dynamic complex of
plant, animal and microorganism communities and their nonliving
environment interacting as a functional unit.
(2) The term ``Northern Rockies'' means Federal lands and
resources in the State of Montana.
(3) The term ``Panel'' means the independent scientific
panel for the study of the Northern Rockies ecosystem
established under subsection (b).
(b) Independent Scientific Panel for the Study of the Northern
Rockies Ecosystem.--
(1) Establishment.--The President shall establish an
independent scientific panel for the study of the Northern
Rockies. The Panel shall conduct the study and submit the
reports and recommendations required by subsection (c).
(2) Membership.--(A) The Panel established under this
subsection shall be composed of 11 members, appointed by the
President, from a list of candidates to be developed and
submitted to the President by the National Academy of Sciences
and lists from well-established professional societies with an
interest in the environmental sciences.
(B) Each member of the Panel shall be a recognized expert
in the field for which the member is considered for appointment
and shall be free of economic conflict of interest with regard
to the subject of this section. Each member also shall have
research experience in the Northern Rockies region or otherwise
be familiar with the issues and ecology of the region. As a
whole, membership of the Panel shall represent an appropriately
broad diversity of disciplines, and members shall have
recognized experience in natural sciences, economics, and
administrative policy.
(C) The list of candidates provided by the National Academy
of Sciences shall consist of at least twice as many nominees as
positions available in each category specified in this section.
(D) The Panel shall work cooperatively with all relevant
State and Federal agencies, university research stations and
departments, and Indian tribes.
(E) The Panel may establish, at its discretion, such
subregional review teams and working groups as it deems
necessary to complete its tasks in a timely and professional
manner.
(3) Pay and expenses.--(A) Except as provided in
subparagraph (B), members of the Panel established under this
subsection shall each be paid at a rate not to exceed, and
consistent with, the rate paid to employees of the United
States performing similar duties and with similar
qualifications for each day (including travel time) during
which they are engaged in the actual performance of duties
vested in the Panel. While away from their homes or regular
places of business in the performance of services for the
Panel, members of the Panel shall be allowed travel expenses,
including per diem in lieu of subsistence, in the same manner
as persons employed intermittently in Government service are
allowed expenses under section 5703 of title 5, United States
Code.
(B) Other than reimbursement of expenses pursuant to
subparagraph (A), members of the Panel who are full-time
officers or employees of the United States shall receive no
additional pay, allowances, or benefits by reason of their
service on the Panel.
(4) Chairperson.--The Chairperson of the Panel shall be
appointed by the President.
(5) Agency assistance.--Upon request of the Panel, the head
of any Federal agency shall provide facilities, equipment,
personnel, and other types of support to the Panel to assist
the Panel in carrying out its duties under this Act.
(6) Termination.--The Panel shall terminate 30 days after
the submission of the final report under subsection (c).
(c) Study of Ecosystems Management of the Northern Rockies.--
(1) Study.--(A) The Panel shall define the boundaries of,
and map, the ecosystems of the Northern Rockies, including any
corridors the Panel deems necessary to connect isolated
ecosystems. In making the determination of ecosystem
boundaries, the Panel shall consider--
(i) restoration and maintenance of natural
biological diversity;
(ii) productivity on a long-term, sustainable basis
of essential natural ecological elements, functions,
and successional processes;
(iii) preservation of the integrity of genetic
stocks of native communities of plants and animals,
with an emphasis on areas of high species richness and
endemism;
(iv) restoration or maintenance or protection of
high water quality instream flows and watersheds (or
riparian areas) sufficient to protect fish and
wildlife;
(v) maintaining biological connectivity between and
among physiographic provinces; and
(vi) maintenance of long-term, sustainable outputs
of economically valuable natural resources.
(B)(i) The Panel shall define the essential management
purpose and biological function and desired condition of the
ecosystems defined under subparagraph (A). In conjunction with
carrying out subparagraph (A), the Panel shall assess the
ecological status and trends, including, where appropriate,
levels of risks associated with applicable management
alternatives of water quality, riparian areas, and fisheries;
uncommon, rare, threatened, and endangered species; rangelands;
soils; and late successional old growth forest.
(ii) The Panel shall analyze the timber quantity, quality,
and growth on the existing timber base as well as the success
of reforestation in the region to date, probable rates of
reforestation success in the future, and their effect on timber
supply and related issues.
(C) The Panel shall gather and display in a useful form
biological data from each of the ecosystems defined under
subparagraph (A).
(D) The Panel shall identify gaps in important research
areas and contract for or otherwise obtain research necessary
in the short term to accomplish the duties of the Panel under
this section.
(E) The Panel shall analyze Federal land ownership patterns
and associated Federal land management mandates and practices
within the ecosystems identified in subparagraph (A) and
identify those mandates and practices which are inconsistent or
incompatible with ecosystem management levels of risk
identified under subparagraph (B).
(F) The Panel shall identify opportunities to encourage
sustainable economic use of the natural resources of the
ecosystems identified by the Panel and the sustainable economic
outputs identified in subparagraph (A)(vi), in a manner
consistent with the goals and purposes of those ecosystems.
Special emphasis shall be placed on the identification of
opportunities for the maintenance and growth of small
businesses and the establishment of new small businesses
consistent with the goals and purposes of those ecosystems. In
making these recommendations, the Panel should consider
opportunities to improve environmental conditions that could
permit an expansion of the sustainable contribution of
commodity and noncommodity uses and outputs of natural
resources, including but not limited to each of the following:
(i) Increasing desirable natural vegetative growth
through reforestation with native species, thinning and
other timber stand modifications, prescribed burning,
and seeding or planting native grasses, forbs, and
shrubs.
(ii) Improving the quality of other biological
resources (such as species diversity and animal
populations) through habitat restoration, extended
timber rotations, alternative timber harvesting and
bidding systems, and different standards and methods
for road construction, maintenance, closure, and
eradication.
(iii) Enhancing the quality of non-biological
resources (such as recreation trails and developments,
watersheds and streams), through site restoration and
rehabilitation, demand management (such as user
regulation and enforcement, marketing to shift timing
and location of uses) and investment in recreational
use.
(2) Recommendations.--The Panel shall submit
recommendations on each of the following:
(A) Specific, implementable steps for management of
the ecosystems defined under paragraph (1)(A),
including removal of inconsistent or incompatible
mandates and practices identified under paragraph
(1)(E).
(B) Ways to better monitor the resources within the
ecosystems.
(C) Ways to create or improve direct cooperation
between scientists both within and without the Federal
Government and Federal land managers.
(D) Methods, including incentives by which State
and private landowners might cooperatively manage their
lands in a manner compatible with Federal lands located
within the ecosystems.
(E) Other institutional or legislative changes the
Panel determines will promote sound ecosystem
management.
(3) Reports.--(A) Not later than 6 months after the date of
enactment of this Act, the Panel shall submit an interim report
to the President and the Congress. The report shall discuss the
progress of the Panel in carrying out this section and shall
include--
(i) a description of any ecosystems defined and
mapped under paragraph (1)(A) and (B);
(ii) summaries of the biological data gathered to
date under paragraph (1)(C); and
(iii) the additional research obtained under
paragraph (1)(D).
(B) Not later than 30 months after the date of enactment of
this Act, the Panel shall submit a final report to the
President and the Congress which contains a description of its
activities under this section and includes the findings,
analyses, and recommendations made under this section.
(C) The reports submitted to the Congress under this
paragraph shall be submitted to the Committee on Natural
Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate.
SEC. 10. MISCELLANEOUS PROVISIONS.
(a) Redesignation.--(1) Those lands comprising the Rattlesnake
National Recreation Area and Wilderness, as designated in Public Law
96-476 are hereby redesignated as the ``Rattlesnake National Education
and Recreation Area and Wilderness''.
(2) Those lands comprising 200 acres, as generally depicted on a
map entitled ``West Pioneers Study Deletion--Proposed'', are hereby
released from study under Public Law 95-150.
(b) Withdrawal.--(1) Those lands comprising approximately 27,000
acres, as generally depicted on a map entitled ``Gibson Reservoir
Mineral Withdrawal Area--Proposed'', dated October 1992, are hereby
withdrawn from all forms of entry, appropriation and disposal under the
mining and public land laws, and disposition under the geothermal and
mineral leasing laws.
(2) The Secretary shall file a map and boundary description of the
area designated by this subsection with the committees identified in
this subsection and such map and boundary description shall have the
same force and effect as if included in this Act.
(3) The Secretary may correct clerical and typographical errors in
the map and boundary description submitted pursuant to this subsection.
(4) The map and boundary description referred to in this subsection
shall be on file and available for public inspection in the office of
the Chief of the Forest Service and the office of the Regional Forester
of the Northern Region.
(c) Acreages.--All acreages cited in this Act are approximate and
in the event of discrepancies between cited acreage and the lands
depicted on referenced maps, the maps shall control.
(d) Access.--It is the policy of Congress that the Forest Service
affirm or acquire and maintain reasonable public access to National
Forest System lands in the State of Montana.
(e) Scapegoat and Great Bear Wilderness Names.--In order to
consolidate existing contiguous wilderness areas, those lands
comprising the Great Bear Wilderness Area designated by Public Law 95-
946 and any amendments thereto and the Scapegoat Wilderness Area
designated by Public Law 92-395 and any amendments thereto are hereby
incorporated in and deemed to be a part of the Bob Marshall Wilderness.
The designations of the Great Bear Wilderness and Scapegoat Wilderness
shall refer to units within the Bob Marshall Wilderness.
SEC. 11. WILDERNESS REVIEW.
(a) Findings.--The Congress finds that--
(1) the Department of Agriculture has studied the
suitability of roadless areas for inclusion in the National
Wilderness Preservation System; and
(2) the Congress has made its own review and examination of
National Forest System roadless areas in the State of Montana
and the environmental impacts associated with nonwilderness
management of such areas.
(b) Release.--Those National Forest System lands in the State of
Montana which were not designated as wilderness, special management,
national recreation, or wilderness study areas by this Act and Public
Law 95-150 shall be managed for multiple use in accordance with land
and resource management plans developed pursuant to section 6 of the
Forest and Rangeland Renewable Resources Planning Act of 1974, as
amended by the National Forest Management Act of 1976, and other
applicable law, and those areas need not be managed for the purpose of
protecting their suitability for wilderness designation prior to or
during revision of land and resource management plans.
(c) Plan Revisions.--In the event that revised land management
plans in the State of Montana are implemented pursuant to section 6 of
the Forest and Rangeland Renewable Resources Planning Act of 1974, as
amended by the National Forest Management Act of 1976, and other
applicable law, areas not recommended for wilderness designation, need
not be managed for the purpose of protecting their suitability for
wilderness designation prior to or during revision of such plans, and
areas recommended for wilderness designation shall be managed for the
purpose of protecting their suitability for wilderness designation.
(d) Further Review.--Unless expressly authorized by Congress, the
Department of Agriculture shall not conduct any further statewide
roadless area review and evaluation of National Forest System lands in
the State of Montana for the purpose of determining their suitability
for inclusion in the National Wilderness Preservation System.
(e) Previous Plans.--Except as specifically provided in section 3,
5, 6, and 7 of this Act and in Public Law 95-150, with respect to the
National Forest System lands in the State of Montana which were
reviewed by the Department of Agriculture under Public Law 94-557, the
unit plans that were in effect prior to completion of RARE II, the 1978
Forest Plan for the Beaverhead National Forest, that such reviews shall
be deemed an adequate consideration of the suitability of such lands
for inclusion in the National Wilderness Preservation System, and the
Department of Agriculture shall not be required to review the
wilderness option prior to the revision of the land and resource
management plans.
(f) Revisions.--As used in this section, and as provided in section
6 of the Forest and Rangeland Renewable Resources Planning Act, as
amended by the National Foreign Management Act, the term ``revision''
shall not include an amendment to a land and resource management plan.
(g) Size.--The provisions of this section shall apply to those
National Forest System roadless lands in the State of Montana which are
less than 5,000 acres in size.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
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