[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 652 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 652

To assure that the American people have large areas of land in healthy 
     natural condition throughout the country to maximize wildland 
recreational opportunities for people, maximize habitat protection for 
 native wildlife and natural plant communities, and to contribute to a 
 preservation of water for use by downstream metropolitan communities 
    and other users, through the establishment of a National Forest 
    Ecosystem Protection Program composed of lands within existing 
 wilderness areas and adjacent primitive areas, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 7, 2003

 Mr. Andrews introduced the following bill; which was referred to the 
     Committee on Agriculture, and in addition to the Committee on 
 Resources, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To assure that the American people have large areas of land in healthy 
     natural condition throughout the country to maximize wildland 
recreational opportunities for people, maximize habitat protection for 
 native wildlife and natural plant communities, and to contribute to a 
 preservation of water for use by downstream metropolitan communities 
    and other users, through the establishment of a National Forest 
    Ecosystem Protection Program composed of lands within existing 
 wilderness areas and adjacent primitive areas, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National Forest 
Ecosystem Protection Act of 2002''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. National Forest ecosystem protection program.
Sec. 3. Special management considerations.
Sec. 4. Land acquisition.
Sec. 5. Permanent phase out of commercial grazing.
Sec. 6. Forest plan revision assessments.
Sec. 7. Original Ecosystem Protection Areas.
Sec. 8. Delineation of primitive areas on eastern National Forest 
                            System lands.
Sec. 9. Delineation of primitive areas on western National Forest 
                            System lands.
Sec. 10. Compatible management of adjacent Department of the Interior 
                            lands.
Sec. 11. Development of State ecosystem protection areas.
Sec. 12. Reporting requirements.
Sec. 13. Authorization of appropriations.

SEC. 2. NATIONAL FOREST ECOSYSTEM PROTECTION PROGRAM.

    (a) Declaration of Policy.--In order to assure that the American 
people have large areas of land in healthy natural condition throughout 
the country, which lands maximize wildland recreational opportunities 
for people, maximize habitat protection for native wildlife and natural 
plant communities, and contribute to a preservation of water for use by 
downstream metropolitan communities and other users, it is hereby 
declared to be the policy of Congress to secure for present and future 
generations of Americans the enduring resource of protected large wild 
lands.
    (c) Establishment.--To help achieve the policy declared in 
subsection (a), there is hereby established a National Forest Ecosystem 
Protection Program to be composed of lands within existing units of the 
National Forest System that contain one or more large existing 
wilderness areas as a core area and a primitive area extending outward 
therefrom, both of which will be designated as Ecosystem Protection 
Areas by this Act or a subsequent Act of Congress.

SEC. 3. SPECIAL MANAGEMENT CONSIDERATIONS.

    (a) Wilderness Area Management.--Within the Ecosystem Protection 
Areas, the Secretary of Agriculture, acting through the Forest Service 
(in this Act referred to as the ``Secretary''), shall manage the 
wilderness areas as provided by the Wilderness Act (16 U.S.C. 1131 et 
seq.) and other applicable laws, except that commercial grazing shall 
be eliminated therein.
    (b) Primitive Area Management.--Within the Ecosystem Protection 
Areas, the Secretary shall manage the primitive areas so that primitive 
recreation and habitat for wildlife will be the paramount 
considerations and that all other multiple use activities will only be 
used to reinforce the paramount considerations. Commercial grazing 
shall be eliminated therein.
    (c) Protection and Restoration.--The Secretary, in consultation 
with State wildlife officials and through the use of a public 
participation process, shall promote the reestablishment or protection 
of as many animal and plant species native to the designated Ecosystem 
Protection Areas as practical.

SEC. 4. LAND ACQUISITION.

    (a) Land Acquisition Authority.--The Secretary shall strive to 
acquire all private lands, all mineral rights not owned by the United 
States, and all other interests in lands not owned by the United 
States, on a willing-seller/willing-buyer basis, located within any 
wilderness area named in this Act and within the primitive areas 
delineated pursuant to this Act.
    (b) Effect of Acquisition.--For each acre of land acquired by the 
Secretary under this section, a payment in lieu of taxes shall be made 
to the county in which the property is located equal to $1.50 per acre 
per year, plus an increase every year based on the percentage change in 
the Consumer Price Index. For these newly acquired acres, no other 
payment shall be made to the county based on any other Federal law.

SEC. 5. PERMANENT PHASE OUT OF COMMERCIAL GRAZING.

    (a) Grazing Phase Out Timetable.--The Secretary shall provide for 
the elimination of commercial grazing on all allotments located wholly 
or partially in wilderness areas or primitive areas within the 
Ecosystem Protection Areas. Within allotments located wholly within the 
core wilderness areas, grazing shall be eliminated in 10 years. Within 
allotments having more than 50 percent, but less than 100 percent, of 
their area in core wilderness areas, grazing shall be eliminated in 12 
years. Within allotments having 50 percent or less of their area in 
core wilderness areas, including those allotments located wholly in a 
primitive area east of the 104th meridian, grazing shall be eliminated 
in 14 years.
    (b) Public Notification.--In the case of Ecosystem Protection Areas 
located west of the 104th meridian, the Secretary shall notify every 
allottee and allotment manager whose allotment is wholly or partially 
within a core wilderness area that the allotment will become grazing-
free within the number of years provided in subsection (a). The 
notification shall include the options available to the person under 
this section. The names and areas of the allotments shall be printed in 
the local newspapers. Each of these steps shall be completed within one 
year after the date of the enactment of this Act.
    (c) Assistance.--In designated Ecosystem Protection Areas, the 
Secretary--
            (1) shall make an economic transition payment to an allotee 
        when grazing is phased out;
            (2) shall make an additional early-out payment to a willing 
        allotee for the early permanent retirement of the remaining 
        years of grazing privileges before the applicable date 
        specified in subsection (a);
            (3) shall purchase the base property, if so requested by 
        the owner, of any such allotment from a willing seller, if it 
        is located within the boundaries of a unit of the National 
        Forest System;
            (4) shall make funds available to the Bureau of Land 
        Management as an economic transition payment for the permanent 
        phase out of grazing on any Bureau of Land Management winter 
        allotment affected by a summer allotment impacted by this Act, 
        if so requested by the allotee;
            (5) may grant a one year extension for extenuating 
        circumstances to the number of years indicated in subsection 
        (a) for the allotment to become grazing free, if the allotee 
        applies for the extension from one year to 6 months before the 
        date otherwise applicable under subsection (a);
            (6) may allocate any agency funds for these purposes; and
            (7) may attempt to acquire any property authorized for 
        purchase by this Act, including the above described base 
        properties and any mineral rights, and to retire the grazing 
        privileges early, in cooperation with land trusts or other 
        private parties dedicated to the preservation of open space.
    (d) Grazing Phase Out on Winter Allotments.--The Bureau of Land 
Management shall permanently phase out grazing on any winter allotment 
covered by subsection (c)(4).
    (e) Relation to Other Laws.--Nothing in this Act shall be construed 
to affect the Government's authority to otherwise modify or terminate 
grazing permits.
    (f) No Property Right Created.--Payments distributed according to 
this section shall not create a property right in grazing permit 
holders.
    (g) Treatment of Grazing Revenues.--For each grazing allotment 
affected by this section, the average annual revenues from grazing 
shall be computed for the three full fiscal years before the date of 
the enactment of this Act. The number so computed shall be utilized for 
every year hereafter as a component for any Federal program that 
provides for payments in lieu of taxes to units of local government, 
based on revenues received by the Secretary, irrespective of the 
absence of revenues from that allotment once grazing is phased out.

SEC. 6. FOREST PLAN REVISION ASSESSMENTS.

    (a) Assessments Required.--In any Ecosystem Protection Area located 
east of the 104th meridian in the contiguous 48 States, the Secretary 
shall include the following assessments as part of the first round of 
Forest Service land and resource management plan revisions for each of 
these areas made after the date of the enactment of this Act:
            (1) An assessment of expanding the designated wilderness 
        area or creating new wilderness areas in all the primitive 
        areas created by this Act.
            (2) An assessment of the ecological benefit to be derived 
        from closing any unimproved roads bisecting any such areas 
        within encircling improved roads and from closing any improved 
        roads cherry stemmed into those areas.
            (3) An assessment of the appropriate management practices 
        most likely to improve habitat for key species in any of the 
        above described areas, if those areas are not to be proposed to 
        Congress as new wilderness areas.
    (b) Public Participation.--Each assessment required by this section 
shall utilize all the procedures designed to provide public input into 
the Forest Service planning process.

SEC. 7. ORIGINAL ECOSYSTEM PROTECTION AREAS.

    (a) In General.--The original Ecosystem Protection Areas include 
one or more of the largest existing Forest Service wilderness areas in 
the following States, including any adjacent wilderness areas or 
wilderness areas separated by no more than a road corridor, and 
surrounding primitive areas delineated as provided in section 8 or 9.
    (b) Designation.--The Ecosystem Protection Areas, and the 
wilderness area forming the their core, are as follows:
            (1) Alabama:
                    (A) Sipsey.
            (2) Alaska:
                    (A) Misty Fiords.
            (3) Arizona:
                    (A) Mazatzal.
                    (B) Blue Range (also in New Mexico), including the 
                Blue Range Primitive Area.
                    (C) Chiricahua.
            (4) Arkansas:
                    (A) Hurricane Creek.
                    (B) Upper Kiamichi (also in Oklahoma).
            (5) California:
                    (A) High Sierra, including John Muir, Ansel Adams, 
                Golden Trout, Monarch, Dinkey Lakes, South Sierra, Dome 
                Land, Hoover and Emigrant.
                    (B) Trinity Alps.
            (6) Colorado:
                    (A) Weminuche.
                    (B) West Elk.
                    (C) South San Juan.
            (7) Florida:
                    (A) Big Gum Swamp.
                    (B) Bradwell Bay.
            (8) Georgia:
                    (A) Cohutta (also in Tennessee).
                    (B) Southern Nantahala (also in North Carolina).
            (9) Idaho:
                    (A) Central Idaho Massif, including Frank Church-
                River of No Return, Selway-Bitterroot (also in 
                Montana), and Gospel Hump.
                    (B) Hells Canyon (also in Oregon).
            (10) Indiana:
                    (A) Charles C. Deam.
            (11) Kentucky:
                    (A) Clifty.
            (12) Maine:
                    (A) Caribou-Speckled Mountain.
            (13) Michigan:
                    (A) Sylvania.
            (14) Minnesota:
                    (A) Boundary Waters Canoe Area.
            (15) Missouri:
                    (A) Irish.
            (16) Montana:
                    (A) Montana Rockies, including Bob Marshal, Great 
                Bear, and Scapegoat.
                    (B) Central Idaho Massif, including Selway-
                Bitterroot (also in Idaho).
                    (C) Yellowstone, including Lee Metcalf and 
                Absaroka-Beartooth (also in Wyoming).
            (17) Nevada:
                    (A) Arc Dome.
            (18) New Hampshire:
                    (A) Pemiwegasset.
                    (B) Presidential Range-Dry River.
                    (C) Sandwich Range.
            (19) New Mexico:
                    (A) Gila including Gila and Aldo Leopold.
                    (B) Blue Range (also in Arizona).
            (20) North Carolina:
                    (A) Citico Creek (also in Tennessee), including 
                Joyce Kilmer-Slickrock.
                    (B) Southern Nantahala (also in Georgia).
            (21) Oklahoma:
                    (A) Upper Kiamichi (also in Arkansas).
            (22) Oregon:
                    (A) Hells Canyon, including Hells Canyon (also in 
                Idaho) and Eagle Cap.
            (23) Pennsylvania:
                    (A) Hickory Creek.
            (24) South Dakota:
                    (A) Black Elk.
            (25) Tennessee:
                    (A) Cohutta including Big Frog (also in Georgia).
                    (B) Citico Creek including Joyce Kilmer-Slickrock 
                (also in North Carolina).
            (26) Texas:
                    (A) Upland Island.
                    (B) Indian Mounds.
            (27) Utah:
                    (A) High Uintas.
            (28) Vermont:
                    (A) Breadloaf.
                    (B) Lyle Brook.
            (29) Virginia:
                    (A) Mountain Lake (also in West Virginia).
            (30) Washington:
                    (A) North Cascades including Glacier Peak, 
                Pasayten, Lake Chelan-Sawtooth, Mt. Baker, and Noisy 
                Diobsud.
            (31) West Virginia:
                    (A) Cranberry.
                    (B) Mountain Lake (also in Virginia).
            (32) Wisconsin:
                    (A) Headwaters.
            (33) Wyoming:
                    (A) Yellowstone including Washakie, Teton, North 
                Absaroka, Winegar Hole, Jeddiah Smith, Absaroka-
                Beartooth (also in Montana) and Lee Metcalf (wholly in 
                Montana).
                    (B) Wind River including Bridger, Fitzpatrick and 
                Popo Agie.

SEC. 8. DELINEATION OF PRIMITIVE AREAS ON EASTERN NATIONAL FOREST 
              SYSTEM LANDS.

    (a) Delineation Required; Timetable.--In the case of units of the 
National Forest System located east of the 104th meridian in the 
contiguous 48 States, the Secretary shall delineate primitive areas 
around core wilderness areas as soon as practicable, but in no case 
more than three years after the date of the enactment of this Act, as 
an amendment to the applicable land and resource management plan.
    (b) Content.--The primitive areas delineated under this section 
shall include all areas from the wilderness boundary out to the nearest 
improved roads on all sides of the wilderness area and enough 
additional acreage to result in an Ecosystem Protection Area that is at 
least 50,000 acres and twice as large as the core wilderness area. In 
all cases, the primitive area shall be as compact as possible and 
designed to include as many natural communities as possible, including 
mountains, valleys, and other natural areas.
    (c) Special Considerations.--In delineating the primitive areas, 
the Secretary shall exclude as many residential areas as possible. 
Along national or State designated trails, such as the Appalachian 
Trail, or natural biological corridors, the Secretary shall extend the 
primitive areas further in each direction from the core wilderness 
area.
    (d) Roads.--The Secretary shall begin closing unmapped roads, 
temporary roads, and unimproved cherry-stemmed roads in a primitive 
area as soon as practicable after the primitive area has been 
delineated, unless such roads provide access to private property.
    (e) Grazing.--Any commercial grazing permitted, as of the date of 
the enactment of this Act, in the primitive areas delineated under this 
section shall be phased out as provided in section 5.

SEC. 9. DELINEATION OF PRIMITIVE AREAS ON WESTERN NATIONAL FOREST 
              SYSTEM LANDS.

     In the case of an Ecosystem Protection Areas located west of the 
104th meridian, the Secretary shall identify every grazing allotment 
that is partially within a core wilderness area, and the portions of 
those allotments located outside of the core wilderness area shall be 
the primitive areas for that Ecosystem Protection Area.

SEC. 10. COMPATIBLE MANAGEMENT OF ADJACENT DEPARTMENT OF THE INTERIOR 
              LANDS.

     Federal lands administered by the Secretary of the Interior that 
are adjacent to the Ecosystem Protection Areas shall be managed in a 
manner compatible with the management of the Ecosystem Protection 
Areas.

SEC. 11. DEVELOPMENT OF STATE ECOSYSTEM PROTECTION AREAS.

     The Secretary shall provide technical and financial assistance to 
enable States to acquire an Ecosystem Protection Area on State-owned 
lands of a similar character and size to the Ecosystem Protection Areas 
designated by this Act. Such State Ecosystem Protection Areas shall be 
based on one of the largest State-owned Natural Areas, Wilderness 
Areas, State Parks, State Forests, State Watershed Management Areas, or 
State Wildlife Management Areas in any State without a National Forest 
or Grassland of 50,000 or more acres.

SEC. 12. REPORTING REQUIREMENTS.

    (a) Information on Ecosystem Protection Areas.--As part of the 
annual report to Congress prepared by the Secretary on the status of 
the National Wilderness Preservation System, the Secretary shall 
include appropriate information concerning the Ecosystem Protection 
Areas and the administration of this Act.
    (b) Special Requirements for Fifth Report.--The annual report 
described in subsection (a) to be submitted to Congress in the fifth 
year after the date of the enactment of this Act shall contain the 
following:
            (1) An assessment and evaluation of all steps taken during 
        the four preceding years pursuant to this Act.
            (2) Recommendations regarding the designation of additional 
        or the expansion of existing Ecosystem Management Areas.
            (3) An evaluation of the effectiveness of the procedures 
        for creating grazing free areas and the environmental 
        advantages created in those areas.
            (4) Recommendations regarding whether the procedures 
        evaluated under paragraph (3) should be extended to all Forest 
        Service wilderness areas.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    (a) Land Acquisition in Eastern United States.--There is authorized 
to be appropriated to the Secretary for each of the fiscal years 2004 
through 2017 $100,000,000 for the purchase of private lands and other 
lands not owned by the United States located in primitive areas 
delineated east of the 104th meridian in the contiguous 48 States. 
Pending the delineation of primitive areas under section 8, the 
Secretary shall purchase lands in areas that the Secretary anticipates 
including in the Ecosystem Protection Areas.
    (b) Land Acquisition in Western Wilderness Areas.--There is 
authorized to be appropriated to the Secretary for each of the fiscal 
years 2004 through 2017 $5,000,000 for the purchase of private lands 
and other lands not owned by the United States in the Wilderness Areas 
located west of the 104th meridian in the contiguous 48 States.
    (c) Elimination of Grazing.--There is authorized to be appropriated 
to the Secretary for each of the fiscal years 2004 through 2017 
$1,000,000 for the purpose of carrying out section 5, including 
providing economic transition payments, early-out payments, and 
qualifying base property purchase payments and covering Forest Service 
expenses in finding an allotee a new allotment, when requested by the 
allotee.
    (d) Support for States Without Ecosystem Protection Areas.--There 
is authorized to be appropriated to the Secretary for each of the 
fiscal years 2004 through 2017 $33,000,000 to assist States in the 
purchase of private lands in a State designated Ecosystem Protection 
Area developed pursuant to section 11 if the State agrees to manage 
that area in a manner similar to that proposed for Ecosystem Protection 
Areas designated in this Act.
                                 <all>