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104TH CONGRESS

1ST SESSION H. R. 2074

To designate certain Bureau of Land Management Land in the State of

Montana to preserve unique cultural and natural features.

IN THE HOUSE OF REPRESENTATIVES

JULY 19, 1995

Mr. WILLIAMS introduced the following bill; which was referred to the

Committee on Resources

A BILL

To designate certain Bureau of Land Management Land

in the State of Montana to preserve unique cultural

and natural features.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be referred to as the ‘‘Sweetgrass Hills

5 Protection Act of 1995’’.

6 SEC. 2. SPECIAL MANAGEMENT AREA.

7 (a) IN GENERAL.—For the purpose of conserving,

8 protecting, and enhancing the exceptional scenic, wildlife,

9 water quality, and cultural characteristics of lands along

10 the Sweetgrass Hills in north central Montana, there is
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1 hereby established the Sweetgrass Hills Natural Area

2 within the Bureau of Land Management’s Sweetgrass

3 Hills Area of Critical Environmental Concern (ACEC) as

4 identified in the West HiLine Resource Management Plan

5 in the State of Montana (hereinafter in this Act referred

6 to as the ‘‘natural area’’).

7 (b) AREA INCLUDED.—The natural area shall consist

8 of the lands, waters, and interests therein within the area

9 generally depicted on the map entitled ‘‘Boundary

10 Map, . . .’’, numbered llll, and Dated

11 lllll. The map shall be on file and available for

12 public inspection in the office of the Bureau of Land Man13 agement, Department of the Interior. The Secretary of the

14 Interior (hereinafter in this Act referred to as the ‘‘Sec15 retary’’) may from time to time make minor revisions in

16 the boundary of the natural area to promote management

17 effectiveness and efficiency in the furtherance of this Act.

18 SEC. 3. ADMINISTRATION.

19 (a) IN GENERAL.—The Secretary shall administer

20 the natural area in accordance with this Act and with the

21 provisions of law generally applicable to units of the Bu22 reau of Land Management. In the administration of such

23 natural area, the Secretary may utilize such statutory au24 thority as may be available to him for the conservation

25 of wildlife, natural and cultural resources, and water qual-
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1 ity as he deems necessary to carry out the purposes of

2 this Act.

3 (b) HUNTING AND FISHING.—The Secretary shall

4 permit hunting and fishing on lands and waters within the

5 natural area in accordance with applicable Federal and

6 State law.

7 SEC. 4. ACQUISITION OF LANDS.

8 The Secretary is directed to acquire lands or interests

9 in lands within the boundaries of the natural area that

10 are necessary to carry out the purposes of this Act by do11 nation, purchase with donation or appropriated funds, or

12 exchange. Lands within the boundaries of the natural area

13 owned by the State of Montana or any political subdivision

14 thereof may only be acquired by donation or exchange.

15 SEC. 5. MINERALS AND MINING.

16 (a) WITHDRAWALS.—After the enactment of this Act:

17 (1) Lands within the natural area shall not be

18 open to location of mining claims under the mining

19 laws of the United States.

20 (2) The Secretary shall not issue any lease

21 under the mineral leasing or geothermal leasing laws

22 of the United States for lands within the natural

23 area.

24 (3) Lands within the natural area shall not be

25 available for disposal of mineral materials under the
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1 Act of July 31, 1947, commonly known as the Mate2 rials Act of 1947 (30 U.S.C. 601 and following).

3 (b) LIMITATION ON PATENT ISSUANCE.—(1) Not4 withstanding any other provision of law, no patents shall

5 be issued after July 19, 1995, for any location or claim

6 made in the natural area under the mining laws of the

7 United States.

8 (2) Notwithstanding any statute of limitations or

9 similar restriction otherwise applicable, any party claiming

10 to have been deprived of any property right enactment of

11 paragraph (1) may file in the United States Claims Court

12 a claim against the United States within one year after

13 the date of enactment of this Act seeking compensation

14 for such property right. The United States Claims Court

15 shall have jurisdiction to render judgement on such claim

16 in accordance with section 1491 of title 28, United States

17 Code.

18 (c) PROHIBITION.—No Federal lands may be used in

19 connection with any mining or mining related activities

20 within the Natural Area.

21 (d) RECLAMATION.—No mining or mining related ac22 tivities involving any surface disturbance of lands or wa23 ters within such area, including disturbances through sub24 sistence, shall be permitted except in accordance with re25 quirements imposed by the Secretary, including require-
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1 ments for reasonable reclamation of disturbed lands to a

2 visual and hydrological condition as close as practicable

3 to their premining condition.

4 (e) MINING CLAIM VALIDITY REVIEW.—The Sec5 retary shall undertake and complete within three years

6 after the enactment of this Act an expedited program to

7 examine all unpatented mining claims, including those for

8 which a patent application has been filed, within the natu9 ral area. Upon determination by the Secretary that the

10 elements of contest are present, the Secretary shall imme11 diately determine the validity of such claims. If a claim

12 is determined to be invalid, the Secretary shall declare the

13 claim null and void.

14 SEC. 6. AUTHORIZATION FOR APPROPRIATIONS.

15 There are authorized to be appropriated such sums

16 as may be necessary to carry out the purposes of this Act.

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