[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 364 Reported in Senate (RS)]
Calendar No. 404
113th CONGRESS
2d Session
S. 364
[Report No. 113-177]
To establish the Rocky Mountain Front Conservation Management Area, to
designate certain Federal land as wilderness, and to improve the
management of noxious weeds in the Lewis and Clark National Forest, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 14, 2013
Mr. Baucus (for himself, Mr. Tester, and Mr. Walsh) introduced the
following bill; which was read twice and referred to the Committee on
Energy and Natural Resources
June 2, 2014
Reported by Ms. Landrieu, without amendment
_______________________________________________________________________
A BILL
To establish the Rocky Mountain Front Conservation Management Area, to
designate certain Federal land as wilderness, and to improve the
management of noxious weeds in the Lewis and Clark National Forest, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rocky Mountain Front Heritage Act of
2013''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Conservation management area.--The term ``Conservation
Management Area'' means the Rocky Mountain Front Conservation
Management Area established by section 3(a)(1).
(2) Decommission.--The term ``decommission'' means--
(A) to reestablish vegetation on a road; and
(B) to restore any natural drainage, watershed
function, or other ecological processes that are
disrupted or adversely impacted by the road by removing
or hydrologically disconnecting the road prism.
(3) District.--The term ``district'' means the Rocky
Mountain Ranger District of the Lewis and Clark National
Forest.
(4) Map.--The term ``map'' means the map entitled ``Rocky
Mountain Front Heritage Act'' and dated October 27, 2011.
(5) Nonmotorized recreation trail.--The term ``nonmotorized
recreation trail'' means a trail designed for hiking,
bicycling, or equestrian use.
(6) Secretary.--The term ``Secretary'' means--
(A) with respect to land under the jurisdiction of
the Secretary of Agriculture, the Secretary of
Agriculture; and
(B) with respect to land under the jurisdiction of
the Secretary of the Interior, the Secretary of the
Interior.
(7) State.--The term ``State'' means the State of Montana.
SEC. 3. ROCKY MOUNTAIN FRONT CONSERVATION MANAGEMENT AREA.
(a) Establishment.--
(1) In general.--There is established the Rocky Mountain
Front Conservation Management Area in the State.
(2) Area included.--The Conservation Management Area shall
consist of approximately 195,073 acres of Federal land managed
by the Forest Service and 13,087 acres of Federal land managed
by the Bureau of Land Management in the State, as generally
depicted on the map.
(3) Incorporation of acquired land and interests.--Any land
or interest in land that is located in the Conservation
Management Area and is acquired by the United States from a
willing seller shall--
(A) become part of the Conservation Management
Area; and
(B) be managed in accordance with--
(i) in the case of land managed by the
Forest Service--
(I) the Act of March 1, 1911
(commonly known as the ``Weeks Law'')
(16 U.S.C. 552 et seq.); and
(II) any laws (including
regulations) applicable to the National
Forest System;
(ii) in the case of land managed, by the
Bureau of Land Management, the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1701 et seq.);
(iii) this section; and
(iv) any other applicable law (including
regulations).
(b) Purposes.--The purposes of the Conservation Management Area are
to conserve, protect, and enhance for the benefit and enjoyment of
present and future generations the recreational, scenic, historical,
cultural, fish, wildlife, roadless, and ecological values of the
Conservation Management Area.
(c) Management.--
(1) In general.--The Secretary shall manage the
Conservation Management Area--
(A) in a manner that conserves, protects, and
enhances the resources of the Conservation Management
Area; and
(B) in accordance with--
(i) the laws (including regulations) and
rules applicable to the National Forest System
for land managed by the Forest Service;
(ii) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.) for land
managed by the Bureau of Land Management;
(iii) this section; and
(iv) any other applicable law (including
regulations).
(2) Uses.--
(A) In general.--The Secretary shall only allow
such uses of the Conservation Management Area that the
Secretary determines would further the purposes
described in subsection (b).
(B) Motorized vehicles.--
(i) In general.--The use of motorized
vehicles in the Conservation Management Area
shall be permitted only on existing roads,
trails, and areas designated for use by such
vehicles as of the date of enactment of this
Act.
(ii) New or temporary roads.--Except as
provided in clause (iii), no new or temporary
roads shall be constructed within the
Conservation Management Area.
(iii) Exceptions.--Nothing in clause (i) or
(ii) prevents the Secretary from--
(I) rerouting or closing an
existing road or trail to protect
natural resources from degradation, as
determined to be appropriate by the
Secretary;
(II) constructing a temporary road
on which motorized vehicles are
permitted as part of a vegetation
management project in any portion of
the Conservation Management Area
located not more than \1/4\ mile from
the Teton Road, South Teton Road, Sun
River Road, Beaver Willow Road, or
Benchmark Road;
(III) authorizing the use of
motorized vehicles for administrative
purposes (including noxious weed
eradication or grazing management); or
(IV) responding to an emergency.
(iv) Decommissioning of temporary roads.--
The Secretary shall decommission any temporary
road constructed under clause (iii)(II) not
later than 3 years after the date on which the
applicable vegetation management project is
completed.
(C) Grazing.--The Secretary shall permit grazing
within the Conservation Management Area, if established
on the date of enactment of this Act--
(i) subject to--
(I) such reasonable regulations,
policies, and practices as the
Secretary determines appropriate; and
(II) all applicable laws; and
(ii) in a manner consistent with--
(I) the purposes described in
subsection (b); and
(II) the guidelines set forth in
the report of the Committee on Interior
and Insular Affairs of the House of
Representatives accompanying H.R. 5487
of the 96th Congress (H. Rept. 96-617).
(D) Vegetation management.--Nothing in this Act
prevents the Secretary from conducting vegetation
management projects within the Conservation Management
Area--
(i) subject to--
(I) such reasonable regulations,
policies, and practices as the
Secretary determines appropriate; and
(II) all applicable laws (including
regulations); and
(ii) in a manner consistent with the
purposes described in subsection (b).
SEC. 4. DESIGNATION OF WILDERNESS ADDITIONS.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following Federal land in the State is designated as
wilderness and as additions to existing components of the National
Wilderness Preservation System:
(1) Bob marshall wilderness.--Certain land in the Lewis and
Clark National Forest, comprising approximately 50,401 acres,
as generally depicted on the map, which shall be added to and
administered as part of the Bob Marshall Wilderness designated
under section 3 of the Wilderness Act (16 U.S.C. 1132).
(2) Scapegoat wilderness.--Certain land in the Lewis and
Clark National Forest, comprising approximately 16,711 acres,
as generally depicted on the map, which shall be added to and
administered as part of the Scapegoat Wilderness designated by
the first section of Public Law 92-395 (16 U.S.C. 1132 note).
(b) Management of Wilderness Additions.--Subject to valid existing
rights, the land designated as wilderness additions by subsection (a)
shall be administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in
that Act to the effective date of that Act shall be deemed to be a
reference to the date of the enactment of this Act.
(c) Livestock.--The grazing of livestock and the maintenance of
existing facilities relating to grazing in the wilderness additions
designated by this section, if established before the date of enactment
of this Act, shall be permitted to continue in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in the report of the Committee
on Interior and Insular Affairs of the House of Representatives
accompanying H.R. 5487 of the 96th Congress (H. Rept. 96-617).
(d) Wildfire, Insect, and Disease Management.--In accordance with
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), within
the wilderness additions designated by this section, the Secretary may
take any measures that the Secretary determines to be necessary to
control fire, insects, and diseases, including, as the Secretary
determines appropriate, the coordination of those activities with a
State or local agency.
(e) Adjacent Management.--
(1) In general.--The designation of a wilderness addition
by this section shall not create any protective perimeter or
buffer zone around the wilderness area.
(2) Nonwilderness activities.--The fact that nonwilderness
activities or uses can be seen or heard from areas within a
wilderness addition designated by this section shall not
preclude the conduct of those activities or uses outside the
boundary of the wilderness area.
SEC. 5. MAPS AND LEGAL DESCRIPTIONS.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary shall prepare maps and legal descriptions of
the Conservation Management Area and the wilderness additions
designated by sections 3 and 4, respectively.
(b) Force of Law.--The maps and legal descriptions prepared under
subsection (a) shall have the same force and effect as if included in
this Act, except that the Secretary may correct typographical errors in
the map and legal descriptions.
(c) Public Availability.--The maps and legal descriptions prepared
under subsection (a) shall be on file and available for public
inspection in the appropriate offices of the Forest Service and Bureau
of Land Management.
SEC. 6. NOXIOUS WEED MANAGEMENT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Agriculture shall prepare a comprehensive
management strategy for preventing, controlling, and eradicating
noxious weeds in the district.
(b) Contents.--The management strategy shall--
(1) include recommendations to protect wildlife, forage,
and other natural resources in the district from noxious weeds;
(2) identify opportunities to coordinate noxious weed
prevention, control, and eradication efforts in the district
with State and local agencies, Indian tribes, nonprofit
organizations, and others;
(3) identify existing resources for preventing,
controlling, and eradicating noxious weeds in the district;
(4) identify additional resources that are appropriate to
effectively prevent, control, or eradicate noxious weeds in the
district; and
(5) identify opportunities to coordinate with county weed
districts in Glacier, Pondera, Teton, and Lewis and Clark
Counties in the State to apply for grants and enter into
agreements for noxious weed control and eradication projects
under the Noxious Weed Control and Eradication Act of 2004 (7
U.S.C. 7781 et seq.).
(c) Consultation.--In developing the management strategy required
under subsection (a), the Secretary shall consult with--
(1) the Secretary of the Interior;
(2) appropriate State, tribal, and local governmental
entities; and
(3) members of the public.
SEC. 7. NONMOTORIZED RECREATION OPPORTUNITIES.
Not later than 2 years after the date of enactment of this Act, the
Secretary of Agriculture, in consultation with interested parties,
shall conduct a study to improve nonmotorized recreation trail
opportunities (including mountain bicycling) on land not designated as
wilderness within the district.
SEC. 8. MANAGEMENT OF FISH AND WILDLIFE; HUNTING AND FISHING.
Nothing in this Act affects the jurisdiction of the State with
respect to fish and wildlife management (including the regulation of
hunting and fishing) on public land in the State.
SEC. 9. OVERFLIGHTS.
(a) Jurisdiction of the Federal Aviation Administration.--Nothing
in this Act affects the jurisdiction of the Federal Aviation
Administration with respect to the airspace above the wilderness or the
Conservation Management Area.
(b) Benchmark Airstrip.--Nothing in this Act affects the continued
use, maintenance, and repair of the Benchmark (3U7) airstrip.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
Calendar No. 404
113th CONGRESS
2d Session
S. 364
[Report No. 113-177]
_______________________________________________________________________
A BILL
To establish the Rocky Mountain Front Conservation Management Area, to
designate certain Federal land as wilderness, and to improve the
management of noxious weeds in the Lewis and Clark National Forest, and
for other purposes.
_______________________________________________________________________
June 2, 2014
Reported without amendment