[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2149 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 2149
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 22, 2023
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.
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