[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1765 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 1765

To sustain economic development and recreational use of National Forest 
    System land in the State of Montana, to add certain land to the 
  National Wilderness Preservation System, to designate new areas for 
                  recreation, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 10, 2019

  Mr. Tester introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To sustain economic development and recreational use of National Forest 
    System land in the State of Montana, to add certain land to the 
  National Wilderness Preservation System, to designate new areas for 
                  recreation, 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 ``Blackfoot 
Clearwater Stewardship Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                      TITLE I--FOREST RESTORATION

Sec. 101. Landscape assessment.
Sec. 102. Environmental review of collaboratively developed restoration 
                            projects.
                          TITLE II--RECREATION

Sec. 201. Otatsy Recreation Management Area.
Sec. 202. Spread Mountain Recreation Area.
Sec. 203. Trail-based recreation.
                        TITLE III--CONSERVATION

Sec. 301. Designation of wilderness areas.
Sec. 302. Administration of wilderness areas.
Sec. 303. Maps and legal descriptions.
                            TITLE IV--EFFECT

Sec. 401. Protection of Tribal treaty rights.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) District.--The term ``District'' means the Seeley Lake 
        Ranger District of the Lolo National Forest.
            (2) Map.--The term ``Map'' means the map entitled ``Bob 
        Marshall, Mission Mountains, Spread Mountain, and Scapegoat 
        Wilderness Additions and Otatsy Recreation Management Area'' 
        and dated February 22, 2017.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (4) State.--The term ``State'' means the State of Montana.

                      TITLE I--FOREST RESTORATION

SEC. 101. LANDSCAPE ASSESSMENT.

    (a) Landscape Assessment.--Not later than 3 years after the date of 
enactment of this Act, the Secretary, in collaboration with interested 
parties, shall complete a landscape assessment of the District.
    (b) Required Components.--The landscape assessment under subsection 
(a) shall--
            (1) assess the ecological condition of forests and 
        watersheds within the District; and
            (2) identify restoration actions needed to facilitate 
        ecosystem sustainability, resilience, and health by assisting 
        in the recovery of forest ecosystems within the District.
    (c) Use of Existing Assessments.--The Secretary may fulfill the 
requirement under subsection (a) through the use of any landscape 
assessment being carried out as of the date of enactment of this Act 
that contains the components required under subsection (b).
    (d) Restoration Schedule.--As soon as practicable after the 
completion of the landscape assessment under subsection (a), the 
Secretary, in collaboration with interested parties, shall develop for 
the District a 10-year schedule of restoration projects.

SEC. 102. ENVIRONMENTAL REVIEW OF COLLABORATIVELY DEVELOPED RESTORATION 
              PROJECTS.

    (a) Definition of Collaboratively Developed Restoration Project.--
In this section, the term ``collaboratively developed restoration 
project'' means an activity or set of activities that fulfills the 
eligibility requirements of the Collaborative Forest Landscape 
Restoration Program under section 4003(b) of Public Law 111-11 (16 
U.S.C. 7303(b)).
    (b) Environmental Review.--A collaboratively developed restoration 
project within the District may be carried out in accordance with the 
provisions applicable to hazardous fuel reduction projects under 
sections 104, 105, and 106 of the Healthy Forests Restoration Act of 
2003 (16 U.S.C. 6514-6516).
    (c) Objector Meeting.--In accordance with section 218.11 of title 
36, Code of Federal Regulations (as in effect on the date of enactment 
of this Act), the Secretary may request a meeting with an objector to 
any collaboratively developed restoration project within the District.

                          TITLE II--RECREATION

SEC. 201. OTATSY RECREATION MANAGEMENT AREA.

    (a) Establishment.--Subject to valid existing rights, certain 
Federal land in the Lolo National Forest comprising approximately 2,013 
acres, as generally depicted on the Map, is designated as the ``Otatsy 
Recreation Management Area'' (referred to in this section as the 
``recreation management area'').
    (b) Management.--The Secretary shall manage the recreation 
management area in accordance with--
            (1) this section, to conserve, protect, and enhance the 
        scenic, fish and wildlife, recreational, backcountry heritage, 
        and other natural resource values of the recreation management 
        area; and
            (2) any laws (including regulations) relating to the 
        National Forest System.
    (c) Prohibitions.--Except as provided in subsections (d) and (e), 
the following shall be prohibited on Federal land within the recreation 
management area:
            (1) Permanent roads.
            (2) Timber harvest.
            (3) Except as necessary to provide for snowmobile use, to 
        meet the minimum requirements for the administration of the 
        recreation management area, and to protect public health and 
        safety--
                    (A) the use of motorized and mechanized vehicles; 
                and
                    (B) the establishment of temporary roads.
    (d) Use of Snowmobiles.--The use of snowmobiles shall be allowed 
within the recreation management area--
            (1) between December 1 and April 1;
            (2) during periods of adequate snow cover, as determined by 
        the Secretary; and
            (3) subject to such terms and conditions as the Secretary 
        determines to be necessary.
    (e) Wildfire, Insect, and Disease Management.--In accordance with 
this section, the Secretary may carry out any measures in the 
recreation management area that the Secretary determines to be 
necessary to control fire, insects, and diseases, including, as the 
Secretary determines to be appropriate, the coordination of those 
activities with a State or local agency.
    (f) Withdrawal.--Subject to valid existing rights, the recreation 
management area (including any Federal land acquired after the date of 
enactment of this Act for inclusion in the recreation management area) 
is withdrawn from all forms of--
            (1) entry, appropriation, or disposal under the public land 
        laws;
            (2) location, entry, and patent under the mining laws; and
            (3) disposition under all laws pertaining to mineral and 
        geothermal leasing or mineral materials.

SEC. 202. SPREAD MOUNTAIN RECREATION AREA.

    (a) Establishment.--Subject to valid existing rights, certain 
Federal land in the Lolo National Forest, comprising approximately 
3,835 acres, as generally depicted on the Map, is designated as the 
``Spread Mountain Recreation Area'' (referred to in this section as the 
``recreation area'').
    (b) Management.--The Secretary shall manage the recreation area in 
accordance with--
            (1) this section, to conserve, protect, and enhance the 
        scenic, fish and wildlife, recreational, backcountry heritage, 
        and other natural resource values of the recreation area; and
            (2) any laws (including regulations) relating to the 
        National Forest System.
    (c) Prohibitions.--Except as provided in subsection (e), the 
following shall be prohibited on the Federal land within the recreation 
area:
            (1) Permanent roads.
            (2) Timber harvest.
            (3) Except as necessary to meet the minimum requirements 
        for the administration of the recreation area and to protect 
        public health and safety--
                    (A) the use of motorized vehicles; and
                    (B) the establishment of temporary roads.
    (d) Mechanized Vehicles, Pedestrians, and Horse Travel.--Nothing in 
this section prohibits--
            (1) the use of mechanized vehicles, access by pedestrians, 
        or horse travel within the recreation area; or
            (2) the construction of trails for use by mechanized 
        vehicles, pedestrians, and horse travel within the recreation 
        area.
    (e) Wildfire, Insect, and Disease Management.--In accordance with 
this section, the Secretary may take any measures in the recreation 
area that the Secretary determines to be necessary to control fire, 
insects, and diseases, including, as the Secretary determines to be 
appropriate, the coordination of those activities with a State or local 
agency.
    (f) Withdrawal.--Subject to valid existing rights, the recreation 
area (including any Federal land acquired after the date of enactment 
of this Act for inclusion in the recreation area) is withdrawn from all 
forms of--
            (1) entry, appropriation, or disposal under the public land 
        laws;
            (2) location, entry, and patent under the mining laws; and
            (3) disposition under all laws pertaining to mineral and 
        geothermal leasing or mineral materials.

SEC. 203. TRAIL-BASED RECREATION.

    (a) Definition of Collaboratively Developed.--In this section, the 
term ``collaboratively developed'' means a proposal that is developed 
and implemented through a collaborative process that--
            (1) includes multiple interested persons representing 
        diverse interests; and
            (2) is transparent and nonexclusive.
    (b) Expanded Trail Recreation Opportunities.--
            (1) In general.--If a local collaborative group submits to 
        the Secretary, by not later than 5 years after the date of 
        enactment of this Act, a collaboratively developed proposal to 
        improve motorized and nonmotorized recreational trail 
        opportunities within the District, the Secretary--
                    (A) shall analyze the proposal in accordance with 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.); and
                    (B) subject to appropriations, and in accordance 
                with subsection (d), may provide for the construction 
                of any of the routes included in the proposal.
            (2) Priority.--In completing the analysis required by 
        paragraph (1)(A), in accordance with subsection (d), the 
        Secretary shall give priority to expanding motorized and 
        nonmotorized recreational trail opportunities within the 
        District that are in the public interest.
            (3) Deadline.--The Secretary shall complete the analysis 
        required by paragraph (1)(A) by not later than 3 years after 
        the date on which the Secretary receives the applicable 
        collaboratively developed proposal.
    (c) Use of Volunteer Services and Contributions.--The Secretary may 
accept volunteer services and contributions from non-Federal sources to 
construct and maintain recreational trails under this section.
    (d) Compliance.--In carrying out this section, the Secretary shall 
comply with--
            (1) each provision of law (including regulations) that is 
        generally applicable to the National Forest System; and
            (2) this Act.
    (e) Effect of Section.--Nothing in this section affects the 
ownership or management of, or any other right relating to, any non-
Federal land (including any interest in non-Federal land).

                        TITLE III--CONSERVATION

SEC. 301. DESIGNATION OF WILDERNESS AREAS.

    In furtherance of the purposes of the Wilderness Act (16 U.S.C. 
1131 et seq.), and subject to valid existing rights, the following 
areas in the State are designated as wilderness areas and as components 
of the National Wilderness Preservation System:
            (1) Bob marshall wilderness additions.--Certain land in the 
        Lolo National Forest, comprising approximately 39,422 acres 
        generally depicted as the ``North Fork Blackfoot-Monture Creek 
        Addition (Bob Marshall Addition)'' and approximately 7,784 
        acres generally depicted as the ``Grizzly Basin of the Swan 
        Range Addition'' on the Map, is incorporated in, and shall be 
        considered to be a part of, the Bob Marshall Wilderness.
            (2) Mission mountains wilderness addition.--Certain land in 
        the Lolo National Forest, comprising approximately 4,462 acres 
        generally depicted as the ``West Fork Clearwater Addition'' on 
        the Map, is incorporated in, and shall be considered to be a 
        part of, the Mission Mountains Wilderness designated by Public 
        Law 93-632 (88 Stat. 2153).
            (3) Scapegoat wilderness additions.--Certain land in the 
        Lolo National Forest, comprising approximately 27,392 acres 
        generally depicted as the ``North Fork Blackfoot-Monture Creek 
        Addition (Scapegoat Addition)'' on the Map, is incorporated in, 
        and shall be considered to be a part of, the Scapegoat 
        Wilderness designated by Public Law 92-395 (86 Stat. 578).

SEC. 302. ADMINISTRATION OF WILDERNESS AREAS.

    (a) Management.--Subject to valid existing rights, each wilderness 
addition designated by section 301 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 
the Act shall be considered to be a reference to the date of enactment 
of this Act.
    (b) Incorporation of Acquired Land and Interests.--Any land within 
the boundary of a wilderness area designated by section 301 that is 
acquired by the United States shall--
            (1) become part of the wilderness area in which the land is 
        located;
            (2) be withdrawn in accordance with subsection (c); and
            (3) be managed in accordance with this section, the 
        Wilderness Act (16 U.S.C. 1131 et seq.), and any other 
        applicable law.
    (c) Withdrawal.--Subject to valid existing rights, the Federal land 
designated as wilderness by section 301 is withdrawn from all forms 
of--
            (1) entry, appropriation, or disposal under the public land 
        laws;
            (2) location, entry, and patent under the mining laws; and
            (3) disposition under all laws pertaining to mineral and 
        geothermal leasing or mineral materials.
    (d) Wildfire, Insect, and Disease Management.--In accordance with 
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the 
Secretary may carry out any measures in the wilderness additions 
designated by section 301 that the Secretary determines to be necessary 
to control fire, insects, and diseases, including, as the Secretary 
determines to be appropriate, the coordination of those activities with 
a State or local agency.
    (e) Access to Private Land.--In accordance with section 5(a) of the 
Wilderness Act (16 U.S.C. 1134(a)), the Secretary shall provide to any 
owner of private land within the boundary of a wilderness addition 
designated by section 301 access to the private land.
    (f) Fish and Wildlife.--Nothing in this title affects the 
jurisdiction or responsibilities of the State with respect to fish and 
wildlife, including the regulation of hunting, fishing, and trapping.
    (g) Snow Sensors and Stream Gauges.--Nothing in this title prevents 
the installation or maintenance of hydrological, meteorological, or 
climatological instrumentation in a wilderness addition designated by 
section 301, if the Secretary determines that the installation or 
maintenance of the instrumentation is necessary to advance the 
scientific, educational, or conservation purposes of the wilderness 
area.
    (h) Livestock.--The grazing of livestock in the wilderness 
additions established by section 301, if established before the date of 
enactment of this Act, shall be allowed to continue, subject to such 
reasonable regulations, policies, and practices as the Secretary 
determines to be necessary, in accordance with--
            (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
        1133(d)(4)); and
            (2) the guidelines described in House Report 96-617 to 
        accompany H.R. 5487 of the 96th Congress.
    (i) Outfitting and Guide Activities.--
            (1) In general.--In accordance with section 4(d)(5) of the 
        Wilderness Act (16 U.S.C. 1133(d)(5)), commercial services 
        (including authorized outfitting and guide activities) within 
        the wilderness additions designated by section 301 may be 
        authorized to the extent necessary for activities that fulfill 
        the recreational or other wilderness purposes of the wilderness 
        areas, in accordance with section 1503(b)(6) of Public Law 111-
        11 (123 Stat. 1035).
            (2) Effect.--Nothing in this title requires the Secretary 
        to modify any permit in effect as of the date of enactment of 
        this Act to provide outfitting and guide services within the 
        wilderness additions designated by section 301 on a 
        determination by the Secretary that the activities are in 
        compliance with section 4(d)(5) of the Wilderness Act (16 
        U.S.C. 1133(d)(5)).
    (j) Adjacent Management.--
            (1) In general.--The designation of a wilderness addition 
        by section 301 shall not create any protective perimeter or 
        buffer zone around the wilderness area.
            (2) Nonwilderness activities.--The fact that a 
        nonwilderness activity or use can be seen or heard from an area 
        within a wilderness addition designated by section 301 shall 
        not preclude the conduct of the activity or use outside the 
        boundary of the wilderness area.

SEC. 303. MAPS AND LEGAL DESCRIPTIONS.

    (a) In General.--As soon as practicable after the date of enactment 
of this Act, the Secretary shall file a map and a legal description 
of--
            (1) the Otatsy Recreation Management Area established by 
        section 201(a);
            (2) the Spread Mountain Recreation Area established by 
        section 202(a); and
            (3) each wilderness addition designated by section 301.
    (b) Submission.--The Secretary shall submit the maps and legal 
descriptions prepared under subsection (a) to--
            (1) the Committee on Energy and Natural Resources of the 
        Senate; and
            (2) the Committee on Natural Resources of the House of 
        Representatives.
    (c) Force of Law.--The maps and legal descriptions filed under 
subsection (b) shall have the same force and effect as if included in 
this title, except that the Secretary may correct any typographical 
errors in the maps or legal descriptions.
    (d) Public Availability.--Each map and legal description filed 
under subsection (b) shall be on file and available for public 
inspection in the appropriate offices of the Forest Service and the 
Bureau of Land Management.

                            TITLE IV--EFFECT

SEC. 401. PROTECTION OF TRIBAL TREATY RIGHTS.

    Nothing in this Act alters, modifies, enlarges, diminishes, or 
abrogates the treaty rights of any Indian Tribe.
                                 <all>