[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2137 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 455
103d CONGRESS
  2d Session
                                S. 2137

 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 SENATE OF THE UNITED STATES

                 May 19 (legislative day, May 16), 1994

Mr. Baucus introduced the following bill; which was read the first time

                              June 7, 1994

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 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 National Forest 
Management 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 
        landform, ecosystem, associated wildlife, and location will 
        help to fulfill the National Forest System's share of a quality 
        National Wilderness Preservation System; and
            (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 but should be 
        available for non-wilderness multiple uses under the land 
        management planning process and other applicable law.
    (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 be available for nonwilderness uses.

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 
        twenty-nine thousand one hundred acres, as generally depicted 
        on a map entitled ``Anaconda-Pintler Wilderness Additions--
        Proposed'' (North Big Hole, Storm Lake, Upper East Fork), dated 
        September 1991, 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 twenty-five thousand acres, as generally 
        depicted on a map entitled ``Italian Peaks Wilderness--
        Proposed'', dated September 1991, and which shall be known as 
        the Italian Peaks Wilderness.
            (3) Certain lands in the Beaverhead National Forest, which 
        comprise approximately seventy-nine thousand five hundred 
        acres, as generally depicted on a map entitled ``East Pioneer 
        Wilderness--Proposed'', dated September 1991, and which shall 
        be known as the East Pioneer Wilderness.
            (4) Certain lands in the Beaverhead National Forest, 
        Montana, comprising approximately seventy-six thousand six 
        hundred acres, as generally depicted on a map entitled ``West 
        Big Hole Wilderness--Proposed'', dated September 1991, and 
        which shall be known as the West Big Hole Wilderness.
            (5) Certain lands in the Bitterroot, Deerlodge, and Lolo 
        National Forests, which comprise approximately sixty-four 
        thousand eight hundred acres, as generally depicted on a map 
        entitled ``Stony Mountain Wilderness--Proposed'', dated 
        November 1991, and which shall be known as the Stony Mountain 
        Wilderness.
            (6) Certain lands in the Bitterroot and Lolo National 
        Forests, which comprise approximately fifty-five thousand six 
        hundred acres, as generally depicted on maps entitled ``Selway-
        Bitterroot Wilderness Additions--Proposed'', dated September 
        1991, and which are hereby incorporated in and shall be deemed 
        to be a part of the Selway-Bitterroot Wilderness. The use of 
        motorized equipment shall be prohibited on those lands 
        surrounding High Lake which are excluded from the area 
        designated as wilderness by this paragraph, except for such 
        equipment (including access by helicopter) as the Secretary 
        determines to be necessary to allow for the operation and 
        maintenance of the impoundment located on High Lake.
            (7) Certain lands in the Custer National Forest, which 
        comprise approximately five thousand eight hundred acres, as 
        generally depicted on a map entitled ``Lost Water Canyon 
        Wilderness--Proposed'', dated September 1991, and which shall 
        be known as the Lost Water Canyon Wilderness.
            (8) Certain lands in the Custer National Forest, which 
        comprise approximately six thousand acres, as generally 
        depicted on a map entitled ``Absaroka Beartooth Wilderness 
        Additions--Proposed'' (Burnt Mountain, Timberline Creek, 
        Stateline and Mystic Lake), dated November 1991, 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 nineteen thousand acres, 
        as generally depicted on a map entitled ``Blackfoot Meadow-
        Electric Peak Wilderness--Proposed'', dated September 1991, and 
        which shall be known as the Blackfoot Meadow Wilderness.
            (10) Certain lands in the Deerlodge and Bitterroot National 
        Forests, which comprise approximately fifty-six thousand acres, 
        as generally depicted on a map entitled ``Sapphires 
        Wilderness--Proposed'', dated November 1991, and which shall be 
        known as the Sapphires Wilderness.
            (11) Certain lands in the Flathead National Forest, which 
        comprise approximately thirty thousand acres, as generally 
        depicted on a map entitled ``North Fork Wilderness--Proposed 
        (Tuchuck and Mount Hefty)'', dated November 1991, and which 
        shall be known as the North Fork Wilderness.
            (12) Certain lands in the Flathead, Helena, Lolo, and Lewis 
        and Clark National Forests, which comprise approximately two 
        hundred fifteen thousand seven hundred 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, and Crown 
        Mountain), dated November 1991, 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.
            (13) Certain lands in the Flathead National Forest, which 
        comprise approximately nine hundred and sixty acres, as 
        generally depicted on a map entitled ``North Mission Mountain 
        Wilderness Additions--Proposed'', dated September 1991, and 
        which are hereby incorporated in and shall be deemed to be a 
        part of the North Mission Mountain Wilderness.
            (14) Certain lands in the Flathead and Lolo National 
        Forests, comprising approximately one hundred and fifty-nine 
        thousand five hundred acres, as generally depicted on maps 
        entitled ``Jewel Basin/Swan Wilderness--Proposed'', dated 
        November 1991. 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.
            (15) Certain lands in the Gallatin National Forest, which 
        comprise approximately five thousand five hundred acres, as 
        generally depicted on a map entitled ``North Absaroka 
        Wilderness Additions--Proposed'' Republic Mountain and Dexter 
        Point), dated November 1991, and which are hereby incorporated 
        in and shall be deemed to be a part of the North Absaroka 
        Wilderness.
            (16) Certain lands in the Gallatin National Forest, which 
        comprise approximately thirteen thousand seven hundred acres, 
        as generally depicted on a map entitled ``Lee Metcalf Cowboys 
        Heaven Addition--Proposed'', dated September 1991, and which 
        are hereby incorporated in and shall be deemed to be a part of 
        the Lee Metcalf Wilderness.
            (17) Certain lands in the Gallatin National Forest, which 
        comprise approximately twenty-two thousand acres, as generally 
        depicted on a map entitled ``Earthquake Wilderness--Proposed'', 
        dated September 1991, and which shall be known as the 
        Earthquake Wilderness.
            (18) Certain lands in the Helena National Forest, which 
        comprise approximately twenty-six thousand acres, as generally 
        depicted on a map entitled ``Camas Creek Wilderness--
        Proposed'', dated September 1991, and which shall be known as 
        the Camas Creek Wilderness.
            (19) Certain lands in the Helena National Forest, which 
        comprise approximately fifteen thousand acres, as generally 
        depicted on a map entitled ``Mount Baldy Wilderness--
        Proposed'', dated September 1991, and which shall be known as 
        the Mount Baldy Wilderness.
            (20) Certain lands in the Helena National Forest, Montana, 
        which comprise approximately ten thousand five hundred acres, 
        as generally depicted on a map entitled ``Gates of the Mountain 
        Wilderness Additions--Proposed'' (Big Log), dated September 
        1991, and which are hereby incorporated in and shall be deemed 
        to be part of the Gates of the Mountain Wilderness.
            (21) Certain lands in the Helena National Forest, which 
        comprise approximately eight thousand five hundred acres, as 
        generally depicted on a map entitled ``Black Mountain 
        Wilderness--Proposed'', dated September 1991, and which shall 
        be known as the Black Mountain Wilderness. The Secretary of 
        Agriculture, using existing statutory authority, shall give 
        special attention to the acquisition of non-federally owned 
        lands within the Black Mountain Wilderness.
            (22) Certain lands in the Kootenai National Forest, which 
        comprise approximately thirty-one thousand acres, as generally 
        depicted on a map entitled ``Cabinet Mountains Wilderness 
        Additions--Proposed'', dated November 1991, and which are 
        hereby incorporated in and shall be deemed to be part of the 
        Cabinet Mountains Wilderness.
            (23) Certain lands in the Kootenai National Forest, which 
        comprise approximately fifty thousand acres, as generally 
        depicted on a map entitled ``Scotchman Peaks Wilderness--
        Proposed'', dated September 1991, which shall be known as the 
        Scotchman Peaks Wilderness.
            (24) Certain lands in the Kootenai and Lolo National 
        Forests, which comprise approximately seventeen thousand nine 
        hundred acres, as generally depicted on a map entitled 
        ``Cateract Peak Wilderness--Proposed'', dated September 1991, 
        which shall be known as the Cateract Peak Wilderness.
            (25) Certain lands in the Lolo and Kootenai National 
        Forests, which comprise approximately seventeen thousand nine 
        hundred acres, as generally depicted on a map entitled ``Cube 
        Iron/Mount Silcox Wilderness--Proposed'', dated November 1991, 
        which shall be known as the Cube Iron/Mount Silcox Wilderness.
            (26) Certain lands in the Lolo National Forest, which 
        comprise approximately ninety-four thousand seven hundred 
        acres, as generally depicted on a map entitled ``Great Burn 
        Wilderness--Proposed'', dated September 1991, which shall be 
        known as the Great Burn Wilderness.
            (27) Certain lands in the Lolo National Forest, which 
        comprise approximately sixty thousand one hundred acres, as 
        generally depicted on a map entitled ``Quigg Peak Wilderness--
        Proposed'', dated September 1991, which shall be known as the 
        Quigg Peak Wilderness.
    (b) Maps and Legal 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 
Interior and Insular Affairs 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 the 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 Region I Forester, Missoula, Montana.
    (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.--Subject to applicable law, Congress recognizes 
hunting as a legitimate and beneficial activity within wilderness areas 
designated in this section. Nothing in this Act or the Wilderness Act 
of 1964 shall be construed to prohibit hunting in such areas.
    (h) Collection Devices.--(1) Within the wilderness areas designated 
in this section, neither the Wilderness Act of 1964 or this Act shall 
be construed to prevent the installation and maintenance of 
hydrological, meteorological, or climatological collection devices and 
ancillary facilities subject to such conditions as the Secretary deems 
desirable, where such facilities or access are essential to flood 
warning, flood control, and water reservoir operation purposes.
    (2) Access to the devices and facilities described in paragraph (1) 
shall be by the means historically used, if that method is the least 
intrusive practicable means available.

SEC. 4. WATER RIGHTS.

    (a) Finding.--The Congress finds that the waters within the 
wilderness areas designated by section 3 of this Act are headwaters, 
and accordingly, this Act has no effect on the appropriation or 
adjudication of waters within the State of Montana under applicable 
law.
    (b) Rules of Construction.--Nothing in this Act is intended or 
shall be construed--
            (1) to affect the downstream appropriation or adjudication 
        of water;
            (2) to affect existing water rights as provided under 
        Montana State law;
            (3) to affect the determination of express or implied 
        reserved water rights as determined under other laws; or
            (4) as establishing a precedent with regard to any future 
        wilderness designations or any interpretation of any other Act 
        or wilderness designation.

SEC. 5. RELEASE TO NONWILDERNESS MULTIPLE USE.

    (a) Findings.--The Congress finds that--
            (1) the Department of Agriculture has adequately met the 
        wilderness study requirements of Public Law 94-557;
            (2) the Land and Resource Management Plans and associated 
        Environmental Impact Statements (hereinafter referred to as 
        ``Land and Resource Management Plans'') for all the National 
        Forests in the State of Montana have been completed as required 
        by section 6 of the Forest and Rangeland Renewable Resources 
        Planning Act of 1974, as amended by the National Forest 
        Management Act of 1976;
            (3) the Department of Agriculture, with substantial public 
        input, has reviewed the wilderness potential of these and other 
        areas; and
            (4) the Congress has made its own examination of National 
        Forest System roadless areas in the State of Montana and of the 
        environmental and economic impacts associated with alternative 
        allocations of such areas.
    (b) On the basis of such review, the Congress determines and 
directs that--
            (1) without otherwise passing on the question of the legal 
        and factual sufficiency of the Land and Resource Management 
        Plans and their associated environmental impact statements for 
        National Forest System lands in the State of Montana completed 
        prior to the enactment of this Act, prior to the revision of 
        such Plans, decisions to allocate roadless areas to wilderness 
        or nonwilderness categories, and the environmental analyses 
        directly related to such allocations shall not be subject to 
        judicial review:
                    (A) Provided, however, That, except for decisions 
                allocating lands to wilderness and nonwilderness 
                categories, nothing in this section shall preclude 
                judicial review of Department of Agriculture decisions 
                implementing such Plans or decisions made concerning 
                the management of National Forest lands subsequent to 
                their allocation to wilderness and nonwilderness 
                categories:
                    (B) Provided further, That, except for decisions 
                allocating lands to wilderness and nonwilderness 
                categories, nothing in this section shall preclude 
                judicial review of Forest Service regional guides and 
                other departmental policies of general applicability, 
                nor prevent a court from invalidating forest planning 
                decisions which fail to comply with applicable law;
            (2) except as specifically provided in sections 3, 6, 7, 8, 
        and 9 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, and the Land and Resource Management Plans, 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, but shall review the wilderness option when 
        such plans are revised, which revisions will ordinarily occur 
        on a ten-year cycle, or at least every fifteen years, unless 
        prior to that time the Secretary finds that conditions in a 
        unit have significantly changed;
            (3) those National Forest System lands in the State of 
        Montana referred to in paragraph (2) of this subsection which 
        were not designated as wilderness, special management, national 
        recreation or wilderness study areas by this Act shall be 
        managed for multiple use in accordance with land and resource 
        management plans pursuant to section 6 of the Forest and 
        Rangeland Renewable Resources Planning Act, as amended by the 
        National Forest Management Act, and those areas need not be 
        managed for the purpose of protecting their suitability for 
        wilderness designation prior to or during revision of the 
        initial Land and Resource Management Plans;
            (4) if revised Land and Resource Management Plans for the 
        National Forest System lands in the State of Montana are 
        implemented pursuant to section 6 of the Forest and Rangeland 
        Renewable Resources Planning Act, as amended by the National 
        Forest Management Act 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 as may be required by the Forest and Rangeland 
        Renewable Resources Planning Act, as amended by the National 
        Forest Management Act, and other applicable law; and
            (5) 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 purposes of determining their 
        suitability for inclusion in the National Wilderness 
        Preservation System.
    (c) 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.
    (d) Except as where specifically provided elsewhere in this Act, 
the provisions of this section shall also apply to those National 
Forest System roadless lands in the State of Montana which are less 
than five thousand acres in size.
    (e) Notwithstanding the provisions of paragraph (b)(2) of this 
section, the requirements of Public Law 95-150 are deemed to be 
satisfied with respect to the Sapphire and Middle Fork of the Judith 
Wilderness study areas.

SEC. 6. SPECIAL MANAGEMENT AREAS.

    (a) 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 
        three thousand nine hundred acres, as generally depicted on a 
        map entitled ``Mount Helena National Education and Recreation 
        Area--Proposed'', dated September 1991.
            (2) The Hyalite National Education and Recreation Area 
        located in the Gallatin National Forest, comprising 
        approximately eighteen thousand nine hundred acres, as 
        generally depicted on a map entitled ``Hyalite National 
        Recreation and Education Area--Proposed'', dated September 
        1991.
            (3) The Northwest Peak National Recreation and Scenic area 
        located in the Kootenai National Forest, comprising 
        approximately sixteen thousand seven hundred acres, as 
        generally depicted on a map entitled ``Northwest Peak National 
        Recreation and Scenic Area--Proposed'', dated September 1991.
            (4) The Buckhorn Ridge National Recreation Area located in 
        the Kootenai National Forest, comprising approximately twenty 
        thousand acres, as generally depicted on a map entitled 
        ``Buckhorn Ridge National Recreation Area--Proposed'', dated 
        September 1991.
            (5) The Tenderfoot/Deep Creek National Recreation Area 
        located in the Lewis and Clark National Forest, comprising 
        approximately fifty thousand acres, as generally depicted on a 
        map entitled ``Tenderfoot/Deep Creek National Recreation Area--
        Proposed'', dated November 1991.
    (b) The Secretary shall file the maps referred to in this section 
with the Committee on Energy and Natural Resources, United States 
Senate, and the Committee on interior and Insular Affairs, United 
States House of Representatives, and each such map shall have the same 
force and effect as if included in this Act: Provided, That correction 
of clerical and typographical errors in such maps may be made. Each 
such map shall be on file and available for public inspection in the 
office of the Chief of the Forest Service and the office of the Region 
I Forester.
    (c)(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 as national recreation 
areas in accordance with the laws and regulations applicable to the 
National Forest System.
    (2)(A) Except as provided in subparagraph (B), 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.
    (B) The Secretary, under such reasonable regulations as he deems 
appropriate, may permit the removal of the nonleasable minerals from 
lands or interests in lands within the areas designated in subsection 
(a) in the manner described by section 10 of the Act of August 4, 1939, 
as amended (43 U.S.C. 387), and he may permit the removal of leasable 
minerals from lands or interests in lands within the recreation areas 
in accordance with the mineral leasing laws, if he finds that such 
dispostiion would not have significant adverse effects on the 
administration of the recreation areas.
    (C) Nothing in this subsection shall affect valid existing rights 
within the areas designated in subsection (a).
    (3) Management activities may be permitted by the Secretary if 
compatible with the purposes for which the areas are designated: 
Provided, That 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.
    (4) Where the Secretary determines that such use is compatible with 
the purposes for which an area is designated, the use of motorized 
equipment shall 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 shall be permitted to continue subject to 
applicable law and regulations of the Secretary.
    (d) 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.
    (e) 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 emphasize achieving the purposes for which the areas are 
designated.

SEC. 7. ELKHORNS NATIONAL RECREATION AND WILDLIFE AREA.

    (a)(1) The area of the Helena and Deerlodge National Forests 
comprising approximately one hundred seventy-five thousand seven 
hundred acres, as generally depicted on a map entitled ``Elkhorns 
National Recreation and Wildlife Area--Proposed'', dated September 
1991, is hereby designated as a national recreation and wildlife area 
and shall hereafter be managed as a national recreation area that 
emphasizes enhancement of big game habitat. Except as otherwise 
provided in this section, the Secretary shall administer the area so as 
to achieve the purposes of its designation as a national recreation and 
wildlife area. Where compatible with such emphasis, and consistent with 
applicable law and applicable land and resource management plans, 
management also shall provide for recreational opportunities 
(including, but not limited to, opportunities for motorized recreation) 
and the maintenance and enhancement of habitat for nongame species. 
Hunting shall be permitted within the area subject to applicable State 
and Federal law.
    (2) Those lands within the Elkhorns National Recreation and 
Wildlife Area designated as ``Elkhorns-2'' on the map referenced in 
paragraph (1) shall, notwithstanding any other provision of this 
section, remain roadless. Motorized equipment may be used by the 
Secretary, or other public agencies with the approval of the Secretary, 
after public notice and opportunity for comment and a finding by the 
Secretary that such use is required for habitat improvement for fish 
and wildlife. Any area disturbed by such motorized equipment shall be 
restored to contour and revegetated with appropriate native plant 
species as expeditiously as possible.
    (b) The Secretary shall file the map referred to in this section 
with the Committee on Energy and Natural Resources of the United States 
Senate, and the Committee on Interior and Insular Affairs of the United 
States House of Representatives, and the map shall have the same force 
and effect as if included in this Act: Provided, That correction of 
clerical and typographical errors in the map may be made. The map shall 
be on file and available for public inspection in the office of the 
Chief of the Forest Service, Department of Agriculture.
    (c) Subject to valid existing rights, all federally owned lands 
within the area designed as ``Elkhorns-2'' 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.
    (d) Management activities may be permitted by the Secretary if 
compatible with the purposes for which the Elkhorns National Recreation 
and Wildlife Area is designated: Provided, That nothing in this section 
shall preclude such measures which the Secretary, in his discretion, 
deems necessary in the event of fire, or infestation of insects or 
disease.
    (e) The Elkhorns National Recreation and Wildlife Area established 
pursuant to this section shall be administered as a component of the 
Helena and Deerlodge National Forests. Land and resource management 
plans for these National Forests prepared in accordance with the Forest 
and Rangeland Renewable Resources Planning Act, as amended by the 
National Forest Management Act, shall emphasize achieving the purposes 
for which the area is designated.

SEC. 8. 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 in the Custer National Forest, comprising 
        approximately seventeen thousand acres, as generally depicted 
        on a map entitled ``Line Creek Plateau Wilderness Study Area--
        Proposed'', dated September 1991.
            (2) Certain lands on the Gallatin National Forest, 
        comprising approximately twenty-one thousand five hundred 
        acres, as generally depicted on a map entitled ``Sawtooth 
        Mountain Wilderness Study Area--Proposed'', dated September 
        1991.
            (3) Certain lands in the Lolo National Forest which 
        comprise approximately twenty-two thousand acres, as generally 
        depicted on a map entitled ``Sheep Mountain Wilderness Study 
        Area--Proposed'', dated November 1991.
            (4) Certain lands in the Flathead National Forest which 
        comprise approximately thirty eight thousand acres, as 
        generally depicted on a map entitled ``Thompson-Seton 
        Wilderness Study Area--Proposed'', dated November 1991.
    (b) Not later than five years after the date of enactment of this 
Act, the Secretary shall submit a report to the Committee on Energy and 
Natural Resources of the United States Senate and the Committee on 
Interior and Insular Affairs 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)(1) Subject to valid existing rights and except as provided in 
paragraph (2), the wilderness study areas designated in subsection (a) 
shall be managed to protect their suitability for inclusion in the 
National Wilderness Preservation System for a period of seven years 
from the date of enactment of this Act. At the end of such seven-year 
period, the areas shall be managed, subject to valid existing rights, 
in accordance with the applicable land and resource management plans.
    (2) Subject to valid existing rights, the Thompson-Seton Wilderness 
study area shall be managed to protect its suitability for inclusion in 
the National Wilderness Preservation System until Congress determines 
otherwise.
    (d) The Secretary shall file the maps referred to in this section 
with the Committee on Interior and Insular Affairs, United States House 
of Representatives, and the Committee on Energy and Natural Resources, 
United States Senate, and each such map 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 
shall be on file and available for public inspection in the office of 
the Chief of the Forest Service and the Region I Forester.

SEC. 9. BADGER-TWO MEDICINE AREA.

    (a)(1) Subject to valid existing rights, all federally owned lands 
as depicted on a map entitled ``Badger-Two Medicine Area'', dated 
September 1991, comprising approximately one hundred sixteen thousand 
six hundred 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 currently existing wilderness qualities.
    (2) Nothing in this section shall preclude the gathering of timber 
by the Blackfeet Tribe (the ``Tribe'') in exercise of 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) The Secretary shall conduct a review of this area in accordance 
with the Wilderness Act of 1964 and the following provisions. Not later 
than five years after the date of enactment of this Act, the Secretary 
shall report his findings to Congress. In conducting this review:
            (1) The Secretary shall establish a committee composed of 
        representatives of the Blackfeet Tribal Business Council, the 
        Blackfeet Tribal traditionalists, the National Park Service, 
        and representatives of the user public including environmental 
        groups and representatives of user industry groups (the 
        ``committee''). The committee shall regularly advise the 
        Secretary during the preparation of the report required in 
        subsection (b) 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 Tribe and 
        interested public about options for future designation of the 
        Badger-Two Medicine Area.

SEC. 10. LANDS ADMINISTERED BY BUREAU OF LAND MANAGEMENT.

    (a) Finding.--The Congress has reviewed the suitability of the 
Bitter Creek Wilderness Study Area (MT-064-356, BLM Wilderness Study 
Number) and approximately two thousand five hundred acres of the 
Axolotl Lakes Wilderness Study Area (MT-076-069, BLM Wilderness Study 
Number) as generally depicted on a map entitled ``Axolotl Lakes WSA'', 
dated March 1990, for wilderness designation and finds that those lands 
have 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 areas 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 over those lands designated as 
wilderness pursuant to paragraphs (3) and (26) of section 3(a) of this 
Act, and which, as of the date of enactment of this Act, are 
administered by the Bureau of Land Management, is hereby transferred to 
the Forest Service.

SEC. 11. MISCELLANEOUS PROVISIONS.

    (a) 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''.
    (b) Those lands comprising approximately twenty four thousand 
acres, as generally depicted on a map entitled ``Gibson Reservoir 
Withdrawal Area--Proposed'', dated November 1991, 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.
    (c) 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) It is the policy of Congress that the Forest Service acquire 
and maintain reasonable public access to National Forest System lands 
in the State of Montana.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated--
            (1) such sums as are necessary for the development of a 
        wilderness education and ranger training complex at the 
        Ninemile Ranger Station, Lolo National Forest, Montana; and
            (2) such sums as are necessary to carry out this Act.
S 2137 PCS----2
S 2137 PCS----3
S 2137 PCS----4
                                     





                                                       Calendar No. 455

103d CONGRESS

  2d Session

                                S. 2137

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                              June 7, 1994

            Read the second time and placed on the calendar