I

103D CONGRESS

2D SESSION H. R. 3732

To designate certain lands in the State of Idaho as wilderness, and for

other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 25, 1994

Mr. LAROCCO introduced the following bill; which was referred jointly to the

Committees on Natural Resources and Agriculture

A BILL

To designate certain lands in the State of Idaho as

wilderness, and for other purposes.

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 AND TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Idaho Wilderness, Sustainable Forests and Communities

6 Act of 1994’’.

7 (b) TABLE OF CONTENTS.—The table of contents for

8 this Act is as follows:

Sec. 1. Short title and table of contents.

Sec. 2. Findings.

Sec. 3. Purposes.

TITLE I—IDAHO WILDERNESS
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Sec. 101. Panhandle National Forest.

Sec. 102. Clearwater National Forest.

Sec. 103. Nez Perce National Forest.

Sec. 104. Payette National Forest.

Sec. 105. Boise National Forest.

Sec. 106. Administration and general provisions.

Sec. 107. Private property rights.

Sec. 108. Grazing.

TITLE II—IDAHO FOREST MANAGEMENT

Sec. 201. Panhandle National Forest.

Sec. 202. Nez Perce National Forest.

Sec. 203. Payette National Forest.

Sec. 204. Boise National Forest.

Sec. 205. Management plans.

Sec. 206. Map and description.

Sec. 207. Water quality on the Panhandle National Forest.

Sec. 208. Monitoring of management areas.

TITLE III—RELEASE TO MULTIPLE USE AND WATER RIGHTS

Sec. 301. Wilderness review.

Sec. 302. Water rights.

TITLE IV—IDAHO RURAL ECONOMIC DEVELOPMENT

Sec. 401. Findings and purposes.

Sec. 402. Ecosystem restoration and rehabilitation projects.

Sec. 403. Authorization of appropriations.

1 SEC. 2. FINDINGS.

2 Congress finds the following:

3 (1) The State of Idaho contains some

4 9,300,000 roadless acres of land owned by the Fed5 eral Government and managed by the Forest Serv6 ice. This vast roadless tract of primitive and unde7 veloped land is the largest unroaded area within a

8 State in the conterminous United States and is of

9 immense national significance.

10 (2) Certain of these wildlands should be incor11 porated into the National Wilderness Preservation

12 System to provide statutory protection for lands con-
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1 taining diverse habitats and watersheds vital to resi2 dent and anadromous fisheries and wildlife; to pre3 serve scenic, historical and cultural values; to pro4 mote scientific research; and to provide for primitive

5 recreation, solitude, and physical and mental chal6 lenges.

7 (3) Congressional resolution of disputes over fu8 ture management of Idaho’s vast roadless lands is

9 necessary to assure a dependable and sustainable

10 supply of timber from Federal lands so that natural

11 resource-based commodity production continues as

12 an important part of rural life in Idaho.

13 (4) Congressional direction is required through

14 the establishment of management areas on identified

15 roadless lands to ensure effective implementation of

16 forest plans for national forests in Idaho.

17 (5) A key to creating sustainable economies in

18 Idaho’s rural communities is prudent and ecological

19 management of the land to assure long-term produc20 tivity.

21 (6) Idaho’s roadless areas are vital to the

22 State’s growing tourism industry, outfitting and

23 guiding, backcountry recreation, and municipal wa24 tersheds.
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1 (7) Idaho’s roadless lands released by this Act

2 for nonwilderness purposes provide valuable dis3 persed recreation opportunities for motorized and

4 nonmotorized users.

5 (8) There have been several confirmed

6 sightings, and hundreds of probable sightings, of

7 gray wolf in Idaho’s established wilderness and

8 roadless areas.

9 SEC. 3. PURPOSES.

10 The purposes of this Act are to—

11 (1) provide a comprehensive, statutory frame12 work for the protection, administration, and man13 agement of certain roadless wildlands of Idaho

14 through—

15 (A) the addition of certain roadless lands

16 to existing wilderness areas;

17 (B) the designation of certain roadless

18 lands as management areas, an historic area,

19 and forest demonstration projects;

20 (C) the addition to the National Wilder21 ness Preservation System of certain roadless

22 lands; and

23 (D) the release of certain National Forest

24 System lands for multiple-uses other than wil-
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1 derness in accordance with title III of this Act;

2 and

3 (2) end the controversy over which roadless

4 lands within Idaho will be designated wilderness,

5 while assuring that certain roadless lands better

6 suited for special management be managed by the

7 Forest Service under title II of this Act, and those

8 lands better suited for multiple use other than wil9 derness will be managed by the Forest Service under

10 applicable laws including the laws, rules, and regula11 tions generally applicable to the National Forest

12 System and applicable land management plans.

13 TITLE I—IDAHO WILDERNESS

14 SEC. 101. PANHANDLE NATIONAL FOREST.

15 In furtherance of the purposes of the Wilderness Act

16 (16 U.S.C. 1131–1136), the following lands in the State

17 of Idaho are hereby designated as wilderness and therefore

18 as components of the National Wilderness Preservation

19 System:

Approximate

Name of Wilderness Area Acreage

Salmo-Priest ...................................................................... 19,000

Long Canyon ..................................................................... 39,000

Scotchman Peaks .............................................................. 24,000

Mallard-Larkins ................................................................ 123,000

20 SEC. 102. CLEARWATER NATIONAL FOREST.

21 In furtherance of the purposes of the Wilderness Act

22 (16 U.S.C. 1131–1136), the following lands in the State
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1 of Idaho are hereby designated as wilderness and therefore

2 as components of the National Wilderness Preservation

3 System:

Approximate

Name of Wilderness Area Acreage

Mallard-Larkins ................................................................ 77,000

The Great Burn ................................................................ 225,000

Lewis and Clark ................................................................ 43,000

Selway-Bitterroot Additions .............................................. 38,000

4 The provisions of this Act relating to the Clearwater Na5 tional Forest shall supersede section 2(a) of the settlement

6 agreement entered into on September 23, 1993, in The

7 Wilderness Society, et al. v. Robertson, et al., Civil No.

8 93–0043–S–HLR (D. Idaho), and Sierra Club v. Robert9 son, Civil No. 93–0044–S–HLR (D. Idaho). No later than

10 December 31, 1996, the Secretary shall submit a report

11 to the Committee on Natural Resources and the Commit12 tee on Agriculture of the House of Representatives con13 cerning progress of implementing section 1 of such settle14 ment agreement.

15 SEC. 103. NEZ PERCE NATIONAL FOREST.

16 (a) DESIGNATION.—In furtherance of the purposes of

17 the Wilderness Act (16 U.S.C. 1131–1136), the following

18 lands in the State of Idaho are hereby designated as wil19 derness and therefore as components of the National Wil20 derness Preservation System:

Approximate

Name of Wilderness Area Acreage

Selway-Bitterroot Addition (East Meadow Creek) ........... 102,000

Selway-Bitterroot Addition (Bear Creek/Montana line) ... 1,000
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1 (b) BOUNDARY ADJUSTMENT.—Section 4(a)(1) of

2 the Endangered American Wilderness Act of 1978 (Public

3 Law 95–237; 92 Stat. 43) is amended by striking ‘‘which

4 comprise about two hundred and six thousand acres, as

5 generally depicted under the category ‘Wilderness’ on a

6 map entitled ‘Gospel-Hump Planning Unit’ and dated

7 January 1978,’’ and inserting ‘‘which comprise 205,933

8 acres, as generally depicted under the category ‘Wilder9 ness’ on a map entitled ‘Gospel-Hump Revised Bound10 aries’ and dated March 1983,’’.

11 SEC. 104. PAYETTE NATIONAL FOREST.

12 (a) IN GENERAL.—In furtherance of the purposes of

13 the Wilderness Act (16 U.S.C. 1131–1136), the following

14 lands in the State of Idaho are hereby designated as wil15 derness and therefore as components of the National Wil16 derness Preservation System:

Approximate

Name of Wilderness Area Acreage

French Creek .................................................................... 43,000

Patrick Butte .................................................................... 48,000

Needles .............................................................................. 96,000

Secesh ................................................................................ 116,000

17 (b) EXCLUSIONS.—The Secesh Wilderness des18 ignated by subsection (a) shall not include—

19 (1) the South Fork of the Salmon River 4WD

20 trail (Forest Service trail number 076); and

21 (2) the adjacent private lands located along the

22 trail referred to in paragraph (1).
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1 The Secretary of Agriculture shall maintain such trail to

2 prevent erosion and stream sedimentation.

3 SEC. 105. BOISE NATIONAL FOREST.

4 In furtherance of the purposes of the Wilderness Act

5 (16 U.S.C. 1131–1136), the following lands in the State

6 of Idaho are hereby designated as wilderness and therefore

7 as components of the National Wilderness Preservation

8 System:

Approximate

Name of Wilderness Area Acreage

Needles .............................................................................. 4,000

Hanson Lake ..................................................................... 14,000

Red Mountain ................................................................... 88,000

Ten Mile-Black Warrior .................................................... 79,000

Peace Rock ........................................................................ 94,000

9 SEC. 106. ADMINISTRATION AND GENERAL PROVISIONS.

10 (a) ADMINISTRATION.—Subject to valid existing

11 rights, the wilderness areas designated under this title

12 shall be administered by the Secretary of Agriculture

13 (hereinafter in this Act referred to as the ‘‘Secretary’’)

14 in accordance with the provisions of the Wilderness Act

15 governing areas designated by that Act as wilderness, ex16 cept that any reference in such provisions to the effective

17 date of the Wilderness Act (or any similar reference) shall

18 be deemed to be a reference to the date of enactment of

19 this Act.

20 (b) NAME.—Each wilderness area named in a table

21 contained in this title shall be the area referenced in that

22 table, as generally depicted on the map entitled ‘‘lll’’
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1 and known by the name given to it in that table, except

2 that the Selway-Bitterroot Additions on the Clearwater

3 and Nez Perce National Forests made by sections 102 and

4 103 shall be added to, and administered as part of, the

5 Selway-Bitterroot Wilderness and the Frank Church-River

6 of No Return Addition on the Payette National Forest

7 made by section 104 shall be added to, and administered

8 as part of, the Frank Church-River of No Return Wilder9 ness.

10 (c) MAPS AND DESCRIPTIONS.—As soon as prac11 ticable after enactment of this Act, the Secretary shall file

12 a map and a legal description of each wilderness area des13 ignated under this title with the Committee on Natural

14 Resources and the Committee on Agriculture of the House

15 of Representatives and with the Committee on Energy and

16 Natural Resources of the Senate. Each such map and de17 scription shall have the same force and effect as if in18 cluded in this Act, except that correction of clerical and

19 typographical errors in such legal description and map

20 may be made. Each such map and legal description shall

21 be on file and available for public inspection in the Office

22 of the Chief of the Forest Service, United States Depart23 ment of Agriculture.

24 (d) BUFFER ZONES NOT INTENDED.—The Congress

25 does not intend that designation of wilderness areas in the
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1 State of Idaho lead to the creation of protective perimeters

2 or buffer zones around each wilderness area. The fact that

3 nonwilderness activities or uses can be seen or heard from

4 areas within a wilderness shall not, of itself, preclude such

5 activities or uses up to the boundary of the wilderness

6 area.

7 (e) WILDLIFE AND FISH.—As provided in section

8 4(d)(7) of the Wilderness Act, nothing in this Act shall

9 be construed as affecting the jurisdiction or responsibil10 ities of the State of Idaho with respect to wildlife and fish

11 in the national forests in the State of Idaho.

12 SEC. 107. PRIVATE PROPERTY RIGHTS.

13 (a) PROCEDURE.—Any owner of lands adjacent to

14 any area designated as wilderness by this Act who claims

15 any reduction in value of such lands as a result of the

16 designation of wilderness by this Act, or the management

17 as wilderness of lands designated as wilderness by this

18 Act, may file with the Secretary a claim for compensation

19 for such reduction.

20 (b) NEGOTIATIONS.—The Secretary is authorized to

21 enter into negotiations with a party filing a claim under

22 subsection (a) to determine appropriate compensation, if

23 any, with respect to such claim. The Secretary shall pay

24 compensation with respect to any such a claim to the ex-
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1 tent required by the Fifth Amendment to the Constitution

2 of the United States.

3 (c) OTHER REMEDIES.—Nothing in this section shall

4 be construed as increasing or diminishing the ability of

5 any party to seek compensation pursuant to other applica6 ble law, including (but not limited to) section 1491 of title

7 28, United States Code (commonly referred to as the

8 ‘‘Tucker Act’’), or as precluding or limiting any defenses

9 or claims otherwise available to the United States or any

10 other party in connection with any action seeking such

11 compensation.

12 SEC. 108. GRAZING.

13 Grazing of livestock in wilderness areas designated by

14 this Act, where established prior to the date of enactment

15 of this Act, shall be administered in accordance with the

16 provisions of section 4(d)(4) of the Wilderness Act (16

17 U.S.C. 1133(d)(4)), as further interpreted by section 108

18 of Public Law 96–560.

19 TITLE II—IDAHO FOREST

20 MANAGEMENT

21 SEC. 201. PANHANDLE NATIONAL FOREST.

22 (a) FINDING.—Congress finds that:

23 (1) 78 percent of Boundary County is Federal

24 land, and the full spectrum of public use of these

25 timberlands, including motorized and nonmotorized
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1 recreation and timber production, has been heavily

2 restricted to protect four species listed under the

3 Endangered Species Act of 1973 including grizzly

4 bear, woodland caribou, bald eagle, and the gray

5 wolf. An additional nine species found in the county

6 are candidates for listing under the Endangered

7 Species Act of 1973, including the Kootenai white

8 sturgeon, bull trout, harlequin duck, lynx, northern

9 goshawk, wolverine, and three plants.

10 (2) Direct employment in the wood products in11 dustry accounts for nearly 20 percent of all employ12 ment in the county. The regional reduction in Fed13 eral timber supply played a significant role in the

14 January 1994 closure of two Crown Pacific mills lo15 cated in Long Lake, Washington, and Superior,

16 Montana.

17 (3) The reduced timber harvest on Federal

18 lands has greatly increased pressure to quickly har19 vest timber on private lands in the county.

20 (b) SELKIRK CREST MANAGEMENT AREA.—

21 (1) DESIGNATION.—The area on the Panhandle

22 National Forest, comprised of approximately 21,000

23 acres as generally depicted on the map entitled ‘‘Sel24 kirk Crest Management Area—Proposed’’, is des25 ignated as the Selkirk Crest management area.
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1 (2) MANAGEMENT EMPHASIS.—The manage2 ment of the Selkirk Crest management area shall be

3 in accordance with the memorandum of understand4 ing relating to such area, entered into between the

5 Forest Service and the State of Idaho on May 6,

6 1971, as it may be modified by agreement of the

7 parties.

8 (c) OTHER MANAGEMENT AREAS.—

9 (1) DESIGNATIONS.—The following areas on

10 the Panhandle National Forest, as generally de11 picted on the map entitled ‘‘Panhandle National

12 Forests Management Areas—Proposed’’, are hereby

13 designated as management areas:

Approximate

Name of Area Acreage

Continental Mountain ....................................................... 6,000

Saddle Mountain ............................................................... 6,000

Farnham/Russell ............................................................... 24,000

Burton Peak ...................................................................... 9,000

Katka Peak ....................................................................... 11,000

Bald Eagle ........................................................................ 4,000

Timber/Buck ..................................................................... 8,000

14 (2) MANAGEMENT EMPHASIS.—The manage15 ment areas designated by paragraph (1) shall be

16 managed to provide for the sustainable growth and

17 production of commercially valuable wood products

18 and general public use on lands suitable for timber

19 production while managing identified grizzly bear

20 and caribou habitat. Timber harvest shall emphasize

21 reduction of stand density, increased species diver-
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1 sity and forest health. Treatment priorities should

2 be in areas with significant insect and disease activ3 ity. A full range of recreation opportunities should

4 be provided, including motorized and non-motorized.

5 (d) IMPACT ANALYSIS.—

6 (1) REQUIREMENT.—With respect to the lands

7 described in paragraph (2), the Secretary of Com8 merce shall compile such information regarding the

9 economic impact and other relevant impact of des10 ignating such lands as critical grizzly bear habitat as

11 would be required to be compiled by section 4(b)(2)

12 of the Endangered Species Act of 1973 if such Sec13 retary were to make such designation of such lands.

14 (2) LANDS.—Paragraph (1) shall apply to all

15 Federal lands within the Kaniksu National Forest in

16 the State of Idaho which as of the date of enactment

17 of this Act are being managed so as to maintain the

18 value of such lands as habitat for grizzly bears.

19 (3) COMMENTS AND TRANSMITTAL.—(A) In im20 plementing this subsection, the Secretary of Com21 merce shall seek the comments of Idaho Department

22 of Commerce and the University of Idaho.

23 (B) Not later than 1 year after the date of en24 actment of this Act, the Secretary of Commerce

25 shall transmit all information compiled pursuant to
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1 this section, and all comments received thereon, to

2 the Secretary of Agriculture, the Governor of Idaho,

3 and the Commissioners of Boundary County, Idaho.

4 (e) MARBLE CREEK HISTORIC AREA.—

5 (1) DESIGNATION.—The area on the Panhandle

6 National Forest, comprised of approximately lll

7 acres as generally depicted on the map entitled

8 ‘‘Marble Creek Historic Area—Proposed’’, is des9 ignated as the Marble Creek historic area.

10 (2) MANAGEMENT.—(A) The Marble Creek his11 toric area shall be managed to interpret and pro12 mote the history of logging. Nothing in this sub13 section shall be construed to inhibit logging in the

14 area, except as provided in subparagraph (B).

15 (B) The Marble Creek historic area includes a

16 high country component, comprised of approximately

17 45 acres, generally known as the Grandmother

18 Mountain area and which shall hereafter be known

19 as the ‘‘Jack Johnston Recreation Area’’. The man20 agement emphasis of the Jack Johnston Recreation

21 Area shall be primitive, non-motorized recreation

22 and the area shall be managed to promote fishing,

23 hunting, and wildlife habitat. Logging and road con24 struction shall not be permitted in the Jack John25 ston Recreation Area.
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1 (f) ST. JOE FOREST DEMONSTRATION PROJECT.—

2 (1) IN GENERAL.—The Secretary shall conduct

3 a demonstration project on the St. Maries and

4 Palouse Ranger Districts on the St. Joe National

5 Forest. The purpose of the project shall be to dem6 onstrate the change in timber volume and its rela7 tionship with water, wildlife, and other values result8 ing from investment in good sites on lands already

9 roaded.

10 (2) SITES.—Within the 6-month period begin11 ning on the date of the enactment of this Act, the

12 Forest Service shall locate sites on the St. Joe Na13 tional Forest outside wilderness or other areas where

14 timber harvest is not permitted and where timber

15 productivity is greater than 70 cubic feet per acre

16 per year. These sites shall be intensively managed

17 for timber production using mostly uneven-aged

18 management and silvicultural practices, including

19 pre-commercial thinning, fertilization, pruning,

20 planting of diverse species, and tree improvement

21 through genetic experimentation. The selection of

22 sites under this paragraph does not preclude the

23 identification of small, high class sites below 5,000

24 feet in altitude which should be excluded from such

25 management for genetic and biological purposes.
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1 (3) MONITORING AND APPLICABLE STAND2 ARDS.—The Forest Service shall, in cooperation with

3 the University of Idaho, continually monitor the

4 demonstration project to determine the change in

5 timber volume, water quality, soil erosion, wildlife

6 presence, and investment return. Water quality

7 standards and old-growth standards, as such stand8 ards may be modified from time to time, shall re9 main in effect on the lands affected by the dem10 onstration project carried out under this subsection.

11 (4) ADVISORY GROUP.—The Secretary shall ap12 point a citizens advisory group to provide guidance

13 and advice to the Forest Service in implementing

14 this subsection. The advisory group shall be com15 prised of 5 local individuals and shall represent di16 verse interests.

17 (5) EXISTING TIMBER SALES.—Implementation

18 of this subsection shall not affect timber sales under

19 contract or near completion of preparation as of the

20 end of the 6-month period referred to in paragraph

21 (2).

22 (6) SUNSET.—The demonstration project car23 ried out under this subsection shall terminate at the

24 end of the 20-year period beginning on the date of

25 the enactment of this Act.
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1 SEC. 202. NEZ PERCE NATIONAL FOREST.

2 (a) GENERAL MANAGEMENT DIRECTIVE.—The man3 agement area designated by this section shall be adminis4 tered in accordance with applicable laws including this

5 Act; the laws, rules, and regulations applicable to the Na6 tional Forest System; and the document entitled the ‘‘Nez

7 Perce National Forest Plan’’, adopted October 1987, as

8 such plan may be revised or amended from time to time.

9 (b) RAPID RIVER MANAGEMENT AREA.—

10 (1) DESIGNATION.—The area on the Payette

11 National Forest, comprised of approximately 19,000

12 acres as generally depicted on the map entitled

13 ‘‘Rapid River Management Area—Proposed’’, is des14 ignated as the Rapid River management area.

15 (2) MANAGEMENT EMPHASIS.—The manage16 ment emphasis for the Rapid River management

17 area shall be on water quality, anadromous fish

18 habitat, and recreation. No roads may be con19 structed.

20 (c) WEST MEADOW CREEK WATERSHED PROTEC21 TION PROJECT.—

22 (1) PURPOSE.—The Secretary shall conduct a

23 project on the lands described in paragraph (2) in

24 order to determine the feasibility and desirability of

25 decisionmaking with respect to management of Na-
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1 tional Forest lands utilizing the methodology and

2 procedure described in this subsection.

3 (2) LANDS.—The project required by this sub4 section shall encompass management decisions af5 fecting the lands generally depicted on the map enti6 tled ‘‘West Meadow Creek Area’’ dated lll,

7 1994.

8 (3) METHODOLOGY.—In order to carry out the

9 project required by this subsection, the Secretary

10 shall determine—

11 (A) the historical range of variability of in12 herent components and processes of ecosystems,

13 including but not limited to water quality and

14 quantity, and fish and wildlife populations and

15 habitat, and vegetation density and structure;

16 (B) conditions of the relevant ecosystem

17 components and processes as of the date of the

18 enactment of this Act; and

19 (C) the range of desired future conditions

20 among the relevant ecosystem components and

21 processes.

22 (4) PUBLIC INVOLVEMENT.—Determinations

23 about the range of desired future conditions among

24 relevant ecosystem components and processes shall

25 be made with public participation.
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1 (5) MANAGEMENT.—For a period of 10 years

2 beginning on the date of enactment of this Act, the

3 lands referred to in paragraph (2) shall be managed

4 to reach and maintain the range of desired future

5 conditions, as determined pursuant to paragraph

6 (3). After such period, the Secretary may continue

7 to mange such lands in such manner to the extent

8 the Secretary determines appropriate and desirable.

9 (6) REPORT.—No later than lll years after

10 the date of enactment of this Act, the Secretary

11 shall report to the appropriate committees of the

12 House of Representatives and the Senate concerning

13 the implementation of this subsection and the fea14 sibility and desirability of utilizing the methodology

15 and procedures described in this subsection in con16 nection with the management of other lands within

17 the National Forest System.

18 (d) KANIKSU FOREST/BOUNDARY COUNTY DEM19 ONSTRATION PROJECT.—(1) The Secretary shall conduct

20 a demonstration project on the Kaniksu Forest within

21 Boundary County. The purpose of the project shall be to

22 demonstrate the change in timber volume as a result of

23 investing in good sites on lands both roaded and unroaded.

24 (2) SITES.—Within the 6 month period beginning on

25 the date of enactment of this Act, the Forest Service shall
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1 locate sites on the roaded area of the Kaniksu National

2 Forest within Boundary County outside wilderness or

3 other areas where timber harvest is not permitted and

4 where timber productivity is greater than 50 cubic feet

5 per acre per year. Roadless sites that are included under

6 this provision shall be within the Farnum/Russell Special

7 Management Area. These sites shall be intensively man8 aged for timber production using systems consistent with

9 sustaining ecosystem health and productivity. These sys10 tems will have strong elements associated with classic

11 even-aged systems, while still maintaining structure that

12 is more commonly associated with uneven-aged systems.

13 Silvicultural practices shall include thinning, fertilization,

14 pruning, planting of diverse tree species originating from

15 genetically superior stocks. Provisions included in (f) (3),

16 (4), (5), and (6) of this section shall apply.

17 SEC. 203. PAYETTE NATIONAL FOREST.

18 (a) GENERAL MANAGEMENT DIRECTIVE.—The man19 agement areas designated by this section shall be adminis20 tered in accordance with applicable laws including this

21 Act; the laws, rules, and regulations applicable to the Na22 tional Forest System; and the document entitled the

23 ‘‘Payette National Forest Plan’’, adopted lll, as such

24 plan may be revised or amended from time to time.

25 (b) RAPID RIVER MANAGEMENT AREA.—
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1 (1) DESIGNATION.—The area on the Payette

2 National Forest, comprised of approximately 38,000

3 acres as generally depicted on the map entitled

4 ‘‘Rapid River Management Area—Proposed’’, is des5 ignated as the Rapid River management area.

6 (2) MANAGEMENT EMPHASIS.—The manage7 ment emphasis for the Rapid River management

8 area shall be on water quality, anadromous fish

9 habitat, and recreation. No roads may be con10 structed.

11 (c) JACKSON BAR AIRSTRIP.—The Jackson Bar Air12 strip, commonly known as the Wilson Bar Airstrip, on the

13 south side of the Salmon River on the Payette National

14 Forest, section 28, R8E, T24N, within the Frank Church

15 River of No Return Wilderness shall be left open for use

16 by recreation aviators.

17 SEC. 204. BOISE NATIONAL FOREST.

18 (a) GENERAL MANAGEMENT DIRECTIVE.—The man19 agement areas and recreation area designated by this sec20 tion shall be administered in accordance with applicable

21 laws including this Act; the laws, rules, and regulations

22 applicable to the National Forest System; and the docu23 ment entitled the ‘‘Boise National Forest Plan’’, adopted

24 August 1987, as such plan may be revised or amended

25 from time to time.
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1 (b) BREADWINNER MANAGEMENT AREA.—

2 (1) DESIGNATION.—The area on the Boise Na3 tional Forest, comprised of approximately 41,000

4 acres as generally depicted on the map entitled

5 ‘‘Breadwinner Management Area—Proposed’’, is

6 designated as the Breadwinner management area.

7 (2) MANAGEMENT EMPHASIS.—The manage8 ment emphasis for the Breadwinner management

9 area shall be on wildlife habitat, with timber and

10 range activities implemented so that wildlife habitat

11 is maintained or improved and scenic quality in vis12 ually sensitive areas is protected. Management ac13 tivities for other resources shall be consistent with

14 wildlife and visual resources.

15 (c) SNOWBANK MANAGEMENT AREA.—

16 (1) DESIGNATION.—The area on the Boise Na17 tional Forest, comprised of approximately 22,000

18 acres as generally depicted on the map entitled

19 ‘‘Snowbank Management Area—Proposed’’, is des20 ignated as the Snowbank management area.

21 (2) MANAGEMENT EMPHASIS.—The manage22 ment emphasis for the Snowbank management area

23 shall be on recreation. Snowmobile use shall be per24 mitted, but the Secretary may not establish perma25 nent trails or roads or allow the use of other motor
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1 vehicles, motorized equipment, or other form of me2 chanical transport other than for administrative pur3 poses.

4 (d) LIME CREEK—SOLDIER MOUNTAINS RECRE5 ATION AREA.—

6 (1) DESIGNATION.—The area on the Boise Na7 tional Forest, comprised of approximately 29,000

8 acres as generally depicted on the map entitled

9 ‘‘Lime Creek—Soldier Mountains Recreation Area—

10 Proposed’’, is designated as the Lime Creek—Sol11 dier Mountains Recreation Area (hereafter in this

12 subsection referred to as the ‘‘recreation area’’).

13 (2) ADMINISTRATION.—(A) The Secretary shall

14 administer and manage the recreation area so as to

15 preserve the area’s predominantly roadless char16 acter, with no additional road construction per17 mitted, and to enhance scenic and watershed values,

18 wildlife habitat, and dispersed recreation.

19 (B) The Secretary may, in his discretion and in

20 accordance with Executive Orders 11644 and 11989,

21 permit limited use of the area by motorized vehicles

22 and equipment on roads and trails existing on Janu23 ary 25, 1994, for administrative purposes (including

24 trail maintenance), for activities associated with ex25 isting levels of livestock grazing, and for recreational
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1 vehicle access where such access was established

2 prior to January 25, 1994, but only where such uses

3 are compatible with the protection and propagation

4 of fish and wildlife within the recreation area.

5 SEC. 205. MANAGEMENT PLANS.

6 (a) CHANGE TO CONFORM TO THE PROVISIONS OF

7 THIS ACT.—The Secretary shall modify the existing land

8 and resource management plans for the national forests

9 affected by this Act to incorporate the provisions of this

10 Act in their entirety. This incorporation shall not be treat11 ed as a revision or amendment to the forest plan for the

12 purposes of section 6 of the Forest and Rangeland Renew13 able Resources Planning Act of 1974.

14 (b) GENERAL APPLICABILITY OF EXISTING

15 PLANS.—The management areas, historic area, and forest

16 demonstration projects designated by this title shall be

17 managed in accordance with applicable laws including this

18 Act and the laws, rules, and regulations applicable to the

19 National Forest System and, except as otherwise specifi20 cally provided in this Act, in accordance with the applica21 ble land management plan for each such area in effect

22 on January 25, 1994, and revisions or amendments to

23 such plans that may be adopted from time to time that

24 are not inconsistent with this Act or such laws, rules, and

25 regulations.
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1 (c) RULE OF CONSTRUCTION.—Except as provided in

2 subsection (a), nothing in this Act shall be construed to

3 affect or modify the process of revising or amending land

4 and resource management plans pursuant to section 6 of

5 the Forest and Rangeland Renewable Resources Planning

6 Act of 1974.

7 SEC. 206. MAP AND DESCRIPTION.

8 As soon as practicable after enactment of this Act,

9 the Secretary shall file a map and a legal description of

10 each management areas, historic area, and forest dem11 onstration projects designated under this title with the

12 Committee on Natural Resources and the Committee on

13 Agriculture of the House of Representatives and with the

14 Committee on Energy and Natural Resources of the Sen15 ate. Each such map and description shall have the same

16 force and effect as if included in this Act, except that cor17 rection of clerical and typographical errors in such map

18 and legal description may be made. Each such map and

19 legal description shall be on file and available for public

20 inspection in the Office of the Chief of the Forest Service,

21 United States Department of Agriculture.

22 SEC. 207. WATER QUALITY ON THE PANHANDLE NATIONAL

23 FOREST.

24 (a) IN GENERAL.—The Secretary shall review the

25 water quality standards in effect on the date of the enact-
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1 ment of this Act on the Panhandle National Forest to de2 termine if such standards are sufficient to protect fish3 eries, watersheds and water quality on that national for4 est. If the Secretary finds that such standards—

5 (1) are not sufficient, the Secretary shall de6 velop water quality standards which are sufficient to

7 protect fisheries, watersheds and water quality on

8 the national forest and include such standards in the

9 report required by subsection (b); or

10 (2) are sufficient but are not being met, the

11 Secretary shall address why such standards are not

12 being met in the report required by subsection (b).

13 (b) REPORT.—Within 18 months after the date of the

14 enactment of this Act, the Secretary shall submit a report

15 to the Congress which shall include the findings of the

16 Secretary under subsection (a) and any other matter re17 quired to be included in the report by subsection (a). Each

18 report shall contain a summary of the comments received

19 pursuant to subsection (c).

20 (c) PUBLIC COMMENT.—The Secretary shall provide

21 an opportunity for public comment on the report before

22 submitting the report to Congress under subsection (b).

23 SEC. 208. MONITORING OF MANAGEMENT AREAS.

24 (a) IN GENERAL.—The Secretary shall review exist25 ing monitoring efforts by the State, Federal Government,
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1 and Indian tribes for each of the management areas, his2 toric area, and forest demonstration projects designated

3 by this title to determine whether such efforts assure that

4 adequate information is available to assure compliance

5 with applicable standards in the land and resource man6 agement plan applicable to the management area. If under

7 such efforts adequate information—

8 (1) is not available, the Secretary shall develop

9 and implement a monitoring program to collect in10 formation that is needed; and

11 (2) is available, the Secretary shall, upon the

12 availability of such information, use such informa13 tion when implementing activities under the plan.

14 (b) REPORT.—Not later than four years after the

15 date of the enactment of this Act and every four years

16 thereafter, the Secretary shall submit a report to Congress

17 that assesses the effectiveness of these designations made

18 by this title to assure proper management of the des19 ignated areas, and the monitoring of those areas, includ20 ing the types of information being collected by the Sec21 retary pursuant to subsection (a). Each report shall con22 tain a summary of the comments received pursuant to sub23 section (c).

24 (c) PUBLIC COMMENT.—In implementing this section

25 and before submitting a report to Congress under sub-
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1 section (b), the Secretary shall provide an opportunity for

2 public comment, including comment by scientists, inter3 ested agencies, and user groups.

4 TITLE III—RELEASE TO MUL5 TIPLE USE AND WATER

6 RIGHTS

7 SEC. 301. WILDERNESS REVIEW.

8 (a) FINDINGS.—The Congress finds that—

9 (1) the Department of Agriculture has studied

10 the suitability of roadless areas for inclusion in the

11 National Wilderness Preservation System; and

12 (2) the Congress has made its own review and

13 examination of National Forest System roadless

14 areas in the State of Idaho and the environmental

15 impacts associated with alternative allocations of

16 such areas.

17 (b) JUDICIAL REVIEW.—On the basis of such review,

18 the Congress hereby determines and directs that—

19 (1) without otherwise passing on the question of

20 the legal and factual sufficiency of the wilderness

21 suitability review of the land and resource manage22 ment plans and their associated environmental im23 pact statements for National Forest System lands in

24 the State of Idaho completed prior to the enactment

25 of this Act, determinations and recommendations as
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1 to the suitability of roadless areas for inclusion in

2 the National Wilderness Preservation System and

3 the environmental analyses directly related to such

4 determinations and recommendations (prior to the

5 revision of such plans) shall not be subject to judi6 cial review, except that—

7 (A) except for determinations and rec8 ommendations on suitability for inclusion in the

9 National Wilderness Preservation System, noth10 ing in this section shall preclude judicial review

11 of land and resource management plans or deci12 sions implementing such plans or any decisions

13 made concerning the management of National

14 Forest System lands other than the suitability

15 determinations; and

16 (B) except for wilderness suitability deter17 minations, nothing in this section shall preclude

18 judicial review of Forest Service regional guides

19 and other departmental policies of general ap20 plicability, nor prevent a court from invalidating

21 forest planning decisions which fail to comply

22 with applicable law; and

23 (2) the wilderness suitability review and evalua24 tion of those National Forest System lands in the

25 State of Idaho which were reviewed by the Depart-
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1 ment of Agriculture in the Land and Resource Man2 agement Plans, and those lands referred to in sub3 section (g), shall be deemed an adequate consider4 ation of the suitability of such lands for inclusion in

5 the National Wilderness Preservation System, and

6 the Department of Agriculture shall not be required

7 to review the wilderness option prior to the first re8 vision of the Land and Resource Management Plans

9 to occur after 10 years following enactment of this

10 Act, but shall review the wilderness options there11 after when the plans are revised, which revisions will

12 ordinarily occur on a 10-year cycle, or at least every

13 15 years.

14 (c) RELEASE.—Those National Forest System lands

15 in the State of Idaho which were not designated as wilder16 ness or management areas, historic area, or forest dem17 onstration projects by this Act shall be managed for mul18 tiple use in accordance with land and resource manage19 ment plans developed pursuant to section 6 of the Forest

20 and Rangeland Renewable Resources Planning Act of

21 1974, as amended by the National Forest Management

22 Act of 1976, and other applicable law, and those areas

23 need not be managed for the purpose of protecting their

24 suitability for wilderness designation prior to or during re25 vision of the land and resource management plans.
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1 (d) PLAN REVISIONS.—In the event that revised land

2 management plans in the State of Idaho are implemented

3 pursuant to section 6 of the Forest and Rangeland Renew4 able Resources Planning Act of 1974, as amended by the

5 National Forest Management Act of 1976, and other ap6 plicable law, areas not recommended for wilderness des7 ignation need not be managed for the purpose of protect8 ing their suitability for wilderness designation for a mini9 mum of 10 years after the date of enactment of this Act,

10 and areas recommended for wilderness designation shall

11 be managed for the purpose of protecting their suitability

12 for wilderness designation.

13 (e) FURTHER REVIEW.—Unless expressly authorized

14 by Congress, the Department of Agriculture shall not con15 duct any further statewide roadless area review and eval16 uation of National Forest System lands in the State of

17 Idaho for the purpose of determining their suitability for

18 inclusion in the National Wilderness Preservation System.

19 (f) REVISIONS.—As used in this section, and as pro20 vided in section 6 of the Forest and Rangeland Renewable

21 Resources Planning Act of 1974, as amended by the Na22 tional Forest Management Act of 1976, the term ‘‘revi23 sion’’ shall not include an amendment to a land and re24 source management plan.
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1 (g) ROADLESS AREAS LESS THAN 5,000 ACRES.—

2 The provisions of this section shall also apply to those Na3 tional Forest System roadless lands in the State of Idaho

4 which are less than 5,000 acres in size.

5 SEC. 302. WATER RIGHTS.

6 Nothing in this Act, or any other Act, shall be con7 strued as providing the basis for assertion of any claim

8 for any United States water right for lands designated as

9 wilderness or special management areas by this Act. Noth10 ing in this Act shall be construed as authorizing the use

11 of eminent domain to acquire water or water rights for

12 such lands.

13 TITLE IV—IDAHO RURAL

14 ECONOMIC DEVELOPMENT

15 SEC. 401. FINDINGS AND PURPOSES.

16 (a) FINDINGS.—The Congress finds the following:

17 (1) Idaho’s rural communities are faced with

18 the need to diversify their economic base.

19 (2) The natural resources and the infrastruc20 ture of Idaho’s national forests need to be rehabili21 tated to enhance the quality of Idaho’s national for22 ests.

23 (3) Solutions to these issues can be complemen24 tary if employment opportunities are created that

25 accomplish the much needed natural resources work,
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1 including the backlog of work which has accumu2 lated over time in Idaho.

3 (b) PURPOSE.—The purposes of this title are to in4 crease the ability of the Secretary of Agriculture to provide

5 additional assistance under existing authority of such Sec6 retary to rural communities located in or near national

7 forests in the State of Idaho to aid in diversifying these

8 communities’ economic bases and to complete needed eco9 system restoration and rehabilitation projects to improve

10 the quality of Idaho’s national forest resources.

11 SEC. 402. ECOSYSTEM RESTORATION AND REHABILITATION

12 PROJECTS.

13 (a) IN GENERAL.—The Secretary shall utilize the au14 thority of the National Forest-Dependent Rural Commu15 nities Diversification Act of 1990 (7 U.S.C. 6611 et seq.)

16 to effect the purposes of this title and shall promote eco17 system restoration and rehabilitation programs and

18 projects through technical assistance, grants, and coopera19 tive agreements with agencies of the State of Idaho, local

20 governments, organizations, private corporations, and

21 landowners.

22 (b) ECOSYSTEM RESTORATION.—Rehabilitation

23 projects which may be carried out under subsection (a)

24 include—
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1 (1) rehabilitation of watersheds and riparian

2 areas;

3 (2) closure of timber and other roads, oblitera4 tion of temporary roads, and revegetation and sta5 bilization of road cuts and fills;

6 (3) reduction of nonpoint source pollution

7 through revegetation;

8 (4) restoration and enhancement of fish and

9 wildlife habitat;

10 (5) silvicultural treatment of forest stands to

11 restore vigor, improve health, and reduce risk of

12 wildfire;

13 (6) riparian-related pasture fencing on range al14 lotments;

15 (7) rehabilitation of mines;

16 (8) inventory, treatment, and control of noxious

17 weeds; and

18 (9) maintenance of existing trails currently in

19 substandard condition.

20 (c) PRIORITIZING PROJECTS.—In establishing prior21 ity projects for the purposes of this section, the Secretary

22 shall give priority to the following:

23 (1) Implementation of projects which will allow

24 for future flexibility in commodity products from
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1 limited watersheds and which would assist in chi2 nook salmon recovery efforts.

3 (2) Repair of high-volume recreation roads

4 which would greatly reduce sedimentation into criti5 cal anadromous fish waterways.

6 (d) PRIORITY PROJECTS.—In carrying out this sec7 tion, the Secretary shall give priority to the following

8 areas:

9 (1) PANHANDLE NATIONAL FOREST.—Priority

10 drainages listed as unscheduled in the forest plan for

11 the Idaho Panhandle National Forests (1987):

12 (A) COEUR D’ALENE RIVER DRAINAGE.—

13 All creeks located within the Coeur D’Alene

14 River drainage and the Coeur D’Alene River.

15 (B) CLARK FORK DRAINAGE.—

16 (i) Lightening Creek.

17 (ii) Grouse Creek.

18 (iii) Trestle Creek.

19 (C) ST. JOE DRAINAGE.—

20 (i) Gold Creek.

21 (ii) Bruin Creek.

22 (iii) Quartz Creek.

23 (D) ST. MARIES RIVER DRAINAGE.—

24 (i) Fish Hook Creek.

25 (ii) Norton Creek.
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1 (iii) West Fork Mary.

2 (iv) Little East Fork Emerald.

3 (v) Catspur.

4 (2) CLEARWATER NATIONAL FOREST.—

5 (A) Lolo Creek.

6 (B) Eldorado Creek.

7 (C) Yoosa Creek.

8 (D) Crooked Fork.

9 (E) Pete King.

10 (F) Canyon Creek.

11 (G) Deadman Creek.

12 (H) China Creek.

13 (I) Osier Creek.

14 (J) Laundry Creek.

15 (K) Sheep Creek.

16 (L) Sneak Creek.

17 (M) South Fork Beaver Creek.

18 (N) Quartz Creek.

19 (3) NEZ PERCE NATIONAL FOREST.—Projects

20 listed in Part I of the document entitled ‘‘Economic

21 Sustainability and Diversification Options, 1993’’.

22 (4) PAYETTE NATIONAL FOREST.—

23 (A) Ruby Road.

24 (B) Grouse Creek Road.

25 (C) Lake Creek Road.
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1 (D) California Lake.

2 (E) Projects listed in the document enti3 tled ‘‘South Fork Salmon River Restoration

4 Strategy’’, dated March 1989.

5 (5) BOISE NATIONAL FOREST.—

6 (A) MIDDLE FORK SALMON.—

7 (i) Elk Creek (trib to Bear Valley

8 Creek).

9 (ii) Bear Valley Creek.

10 (B) SOUTH FORK SALMON.—

11 (i) Upper South Fork Salmon.

12 (ii) Johnson Creek.

13 (C) BOISE RIVER.—

14 (i) Mores Creek.

15 (ii) Grimes Creek.

16 (iii) Lower South Fork Boise.

17 (iv) Upper South Fork Boise.

18 (v) North Fork Boise.

19 (D) PAYETTE RIVER.—

20 (i) Middle Fork Payette.

21 (ii) Squaw Creek Basin.

22 (e) PRIORITY COMMUNITIES.—In implementing this

23 section, the Secretary shall give priority consideration to—

24 (1) the areas of highest unemployment that are

25 in or near national forests in the State of Idaho; and
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1 (2) rural communities in the State of Idaho

2 that have historically been dependent on national

3 forest system lands.

4 (f) RURAL COMMUNITY.—For the purposes of this

5 title, the term ‘‘rural community’’ has the same meaning

6 given such term by section 2374(3) of the National For7 est-Dependent Rural Communities Diversification Act of

8 1990 (7 U.S.C. 6612(3)).

9 SEC. 403. AUTHORIZATION OF APPROPRIATIONS.

10 There is authorized to be appropriated such sums as

11 may be necessary to carry out this Act.

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