II 

111TH CONGRESS 

1ST SESSION S. 1470 

To sustain the economic development and recreational use of National Forest 

System land and other public land in the State of Montana, to add 

certain land to the National Wilderness Preservation System, to release 

certain wilderness study areas, to designate new areas for recreation, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 20, 2009 

Mr. TESTER introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To sustain the economic development and recreational use 

of National Forest System land and other public land 

in the State of Montana, to add certain land to the 

National Wilderness Preservation System, to release certain wilderness study areas, to designate new areas for 

recreation, 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; TABLE OF CONTENTS. 

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

5 ‘‘Forest Jobs and Recreation Act of 2009’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings; purposes. 

Sec. 3. Definitions. 

TITLE I—STEWARDSHIP AND RESTORATION 

Sec. 101. Definitions. 

Sec. 102. Stewardship and restoration projects. 

Sec. 103. Resource advisory committees. 

Sec. 104. Monitoring; reporting. 

Sec. 105. Biomass combined heat and power system projects. 

Sec. 106. Funding. 

Sec. 107. Administration. 

Sec. 108. Termination of authority. 

TITLE II—DESIGNATION OF WILDERNESS AND NATIONAL 

RECREATION AREAS 

Sec. 201. Designation of wilderness and national recreation areas. 

Sec. 202. Administration. 

Sec. 203. Release of Bureau of Land Management study areas. 

Sec. 204. Release of Sapphire and West Pioneer Wilderness study areas. 

Sec. 205. Lost Creek Protection Area. 

Sec. 206. West Big Hole National Recreation Area. 

Sec. 207. West Pioneers Recreation Management Area. 

Sec. 208. Thunderbolt Creek Recreation Area. 

Sec. 209. Three Rivers Special Management Area. 

Sec. 210. Otatsy Recreation Area. 

3 SEC. 2. FINDINGS; PURPOSES. 

4 (a) FINDINGS.—Congress finds that— 

5 (1) forest restoration would— 

6 (A) improve the habitats of fish and wild7 life, including several species of fish and wildlife 

8 that are threatened or are otherwise of concern; 

9 (B) reduce wildfire management costs by 

10 reestablishing natural fire regimes outside of a 

11 wildland-urban interface; 

12 (C) improve the protection of property and 

13 homes within the wildland-urban interface; and 


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1 (D) demonstrate the manner by which— 

2 (i) such actions can help achieve eco3 logical and watershed health objectives; 

4 and 

5 (ii) the use of forest restoration by6 products can offset treatment costs while 

7 benefitting local rural economies; and 

8 (2) this Act— 

9 (A) encourages the economic, social, and 

10 ecological sustainability of the region and near11 by communities; and 

12 (B) promotes collaboration and recognizes 

13 the positive relationship between wilderness, 

14 forest restoration activities, and communities by 

15 addressing multiple activities across a land16 scape, including— 

17 (i) the implementation of forest res18 toration; 

19 (ii) the development of biomass utili20 zation systems that include combined heat 

21 and power generation; and 

22 (iii) the permanent protection of 

23 backcountry areas. 

24 (b) PURPOSES.—The purposes of this Act are— 


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1 (1) to sustain the economic development and 

2 recreational use of National Forest System land and 

3 other public land in Montana; 

4 (2) to reduce gridlock and promote local co5 operation and collaboration in the management of 

6 forest land; 

7 (3) to enhance forest diversity and produce 

8 wood fiber— 

9 (A) to accomplish habitat restoration 

10 through the use of stewardship forestry prac11 tices; and 

12 (B) to generate a more predictable flow of 

13 wood products for local communities of the 

14 State; 

15 (4) to increase fish and wildlife populations and 

16 better protect and restore key watersheds and habi17 tats; 

18 (5) to improve the management of wildland 

19 fires; 

20 (6) to reduce the size and severity of 

21 uncharacteristic fires on forest land to enhance the 

22 protection of private land, homes, and communities 

23 located adjacent to the affected forest land; 

24 (7) to permanently protect and enhance motor25 ized recreational opportunities in the BeaverheadVerDate Nov 24 2008 02:11 Jul 21, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1470.IS S1470

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1 Deerlodge National Forest, the Lolo National For2 est, and the Kootenai National Forest; and 

3 (8) to protect and enhance the wild heritage 

4 and backcountry traditions of the State through— 

5 (A) the addition of certain land to the Na6 tional Wilderness Preservation System; and 

7 (B) the management of other land in a 

8 manner that preserves existing primitive and 

9 semiprimitive recreational activities. 

10 SEC. 3. DEFINITIONS. 

11 In this Act: 

12 (1) BEAVERHEAD-DEERLODGE NATIONAL FOR13 EST.—The term ‘‘Beaverhead-Deerlodge National 

14 Forest’’ means the National Forest that is— 

15 (A) comprised of— 

16 (i) the Beaverhead National Forest; 

17 and 

18 (ii) the Deerlodge National Forest; 

19 and 

20 (B) managed by the Secretary concerned 

21 as a single administrative unit. 

22 (2) FOREST PLAN.—The term ‘‘forest plan’’ 

23 means a land and resource management plan pre24 pared in accordance with section 6 of the Forest and 


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1 Rangeland Renewable Resources Planning Act of 

2 1974 (16 U.S.C. 1604). 

3 (3) GAME CART.—The term ‘‘game cart’’ means 

4 a nonmotorized, mechanized tool that is used for the 

5 retrieval of wild game. 

6 (4) SECRETARY CONCERNED.—The term ‘‘Sec7 retary concerned’’ means— 

8 (A) the Secretary of Agriculture, acting 

9 through the Chief of the Forest Service (includ10 ing each contractor of the Forest Service, as 

11 appropriate), with respect to National Forest 

12 System land; and 

13 (B) the Secretary of the Interior, with re14 spect to land managed by the Bureau of Land 

15 Management (including land held for the ben16 efit of an Indian tribe). 

17 (5) STATE.—The term ‘‘State’’ means the State 

18 of Montana. 

19 (6) WILDLAND-URBAN INTERFACE.—The term 

20 ‘‘wildland-urban interface’’ has the meaning given 

21 the term in section 101 of the Healthy Forests Res22 toration Act of 2003 (16 U.S.C. 6511). 


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1 TITLE I—STEWARDSHIP AND 

2 RESTORATION 

3 SEC. 101. DEFINITIONS. 

4 In this title: 

5 (1) ACCESS ROAD.—The term ‘‘access road’’ 

6 means a road constructed in conjunction with a 

7 landscape-scale restoration project that is— 

8 (A) reclaimed, or converted into a rec9 reational trail, as soon as practicable, but not 

10 later than 5 years, after the date on which the 

11 road is constructed; and 

12 (B) fully recontoured, including the re13 moval of the road prism, landings, and each 

14 crossing feature of the road (including any cul15 verts and bridges of the road). 

16 (2) AGGREGATE PARCEL.—The term ‘‘aggre17 gate parcel’’ means the cumulative area of land on 

18 which a timber harvest activity is conducted. 

19 (3) COOPERATIVE PROJECT.—The term ‘‘coop20 erative project’’ means a project that— 

21 (A) is consistent with section 323 of the 

22 Department of the Interior and Related Agen23 cies Appropriations Act, 1999 (16 U.S.C. 1011 

24 note; Public Law 105–277); and 


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1 (B) authorizes parties to a watershed res2 toration or enhancement agreement to spend 

3 appropriated funds on projects on private or 

4 public land that benefit the resources of Na5 tional Forest System land. 

6 (4) FUND.—The term ‘‘Fund’’ means the Col7 laborative Forest Landscape Restoration Fund es8 tablished by section 4003(f) of the Omnibus Public 

9 Land Management Act of 2009 (16 U.S.C. 7303(f)). 

10 (5) LANDSCAPE-SCALE.—The term ‘‘landscape11 scale’’ means, with respect to a landscape-scale res12 toration project carried out in a watershed or sub13 watershed, of at least 50,000 acres. 

14 (6) LANDSCAPE-SCALE RESTORATION

15 PROJECT.— 

16 (A) IN GENERAL.—The term ‘‘landscape17 scale restoration project’’ means a project that 

18 is— 

19 (i) planned and carried out— 

20 (I) on a landscape-scale; and 

21 (II) through the use of— 

22 (aa) a stewardship contract; 

23 or 

24 (bb) with respect to the 

25 Seeley Lake Ranger District, any 


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1 other contracting mechanism that 

2 the Secretary concerned deter3 mines to be most effective in 

4 achieving the goals of this Act; 

5 and 

6 (ii) carried out in an area comprised 

7 primarily of forested National Forest Sys8 tem land (but which may also include land 

9 under the jurisdiction of the Bureau of 

10 Land Management, land under the juris11 diction of the Bureau of Indian Affairs, or 

12 other Federal, State, tribal, or private 

13 land)— 

14 (I) through the use of— 

15 (aa) a combination of com16 mercial and noncommercial vege17 tative management techniques, 

18 including— 

19 (AA) prescribed burn20 ing; 

21 (BB) tree removal; 

22 (CC) the piling and 

23 burning of slash; and 

24 (DD) any other silvicul25 tural techniques that incorVerDate Nov 24 2008 02:11 Jul 21, 2009 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1470.IS S1470

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1 porate ecological restoration 

2 goals; and 

3 (bb) any other restoration 

4 technique (including invasive spe5 cies mitigation) or tool that the 

6 Secretary concerned determines 

7 to be appropriate; 

8 (II) to reclaim, or if appropriate 

9 convert into recreational trails, roads 

10 that are no longer needed or main11 tained as of the date of enactment of 

12 this Act; 

13 (III) to restore fish and wildlife 

14 habitat through the use of prescribed 

15 burning that is— 

16 (aa) carried out to mimic 

17 natural fire appropriate to spe18 cific forest types; and 

19 (bb) allowed to burn beyond 

20 harvest units located in close 

21 proximity to the habitat; 

22 (IV) to replace or resize culverts; 

23 (V) to generate revenue for the 

24 investment of funds in fish and wildVerDate Nov 24 2008 02:11 Jul 21, 2009 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1470.IS S1470

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1 life restoration and maintenance ini2 tiatives; and 

3 (VI) to maintain the infrastruc4 ture of wood products manufacturing 

5 facilities that provide economic sta6 bility to local communities of the 

7 State. 

8 (B) INCLUSION.—The term ‘‘landscape9 scale restoration project’’ includes any activity 

10 carried out in a stewardship area in accordance 

11 with this Act. 

12 (7) PERMANENT ROAD.— 

13 (A) IN GENERAL.—The term ‘‘permanent 

14 road’’ means a road in which the road prism of 

15 the road remains permanently in place following 

16 the construction of the road. 

17 (B) EXCLUSIONS.—The term ‘‘permanent 

18 road’’ does not include— 

19 (i) an access road; or 

20 (ii) a relocated permanent road. 

21 (8) RELOCATED PERMANENT ROAD.—The term 

22 ‘‘relocated permanent road’’ means a road that is re23 located to address a resource problem if— 

24 (A) the relocated permanent road provides 

25 access to each destination, the access of which 


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1 was provided by the permanent road that the 

2 relocated permanent road replaced; and 

3 (B) the replaced road is recontoured, seed4 ed, and abandoned. 

5 (9) RESTORATION ACTIVITY.— 

6 (A) IN GENERAL.—The term ‘‘restoration 

7 activity’’ means a stewardship activity that pro8 motes— 

9 (i) ecological health; 

10 (ii) habitat restoration; 

11 (iii) water quality restoration; 

12 (iv) sediment control or reduction; 

13 (v) forest stand structure; 

14 (vi) endangered species protection; or 

15 (vii) adaptation to climate change. 

16 (B) INCLUSIONS.—The term ‘‘restoration 

17 activity’’ includes— 

18 (i) road relocation and closures; 

19 (ii) culvert and bridge replacements; 

20 (iii) stream restoration and bank sta21 bilization; 

22 (iv) invasive species management; 

23 (v) trail head and campground im24 provements; 


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1 (vi) understory removal and vegeta2 tion treatments; 

3 (vii) tree planting; 

4 (viii) precommercial thinning; 

5 (ix) commercial timber harvesting; 

6 (x) prescribed burning; 

7 (xi) trail reclamation and relocation; 

8 and 

9 (xii) other stewardship activities that 

10 incorporate ecological restoration strategies 

11 determined by the Secretary concerned. 

12 (10) SEELEY LAKE RANGER DISTRICT.—The 

13 term ‘‘Seeley Lake Ranger District’’ means the 

14 Seeley Lake Ranger District in the Lolo National 

15 Forest. 

16 (11) STEWARDSHIP AREA.—The term ‘‘steward17 ship area’’ means— 

18 (A) with respect to the Beaverhead19 Deerlodge National Forest, a parcel of land 

20 that is designated as ‘‘Suitable for Timber Pro21 duction and Timber Harvest Is Allowed’’ as de22 picted on the map entitled ‘‘Beaverhead23 Deerlodge National Forest, Revised Forest 

24 Plan, Modeled Timber Harvest Classification’’ 


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1 of approximately 1,900,000 acres and dated 

2 December 10, 2008; 

3 (B) with respect to the Seeley Lake Rang4 er District, a parcel of land that is— 

5 (i) selected by the Secretary con6 cerned; 

7 (ii) consistent with the forest plan; 

8 (iii) suitable for timber production; or 

9 (iv) eligible for timber harvest activi10 ties; and 

11 (C) with respect to the Three Rivers Rang12 er District, a parcel of land that is— 

13 (i) selected by the Secretary con14 cerned; 

15 (ii) consistent with the forest plan; 

16 (iii) suitable for timber production; or 

17 (iv) eligible for timber harvest activi18 ties. 

19 (12) STEWARDSHIP CONTRACT.—The term 

20 ‘‘stewardship contract’’ means a contract that— 

21 (A) is authorized under section 332 of the 

22 Department of the Interior and Related Agen23 cies Appropriations Act, 2002 (16 U.S.C. 2104 

24 note; Public Law 107–63); and 

25 (B) is entered into by 2 or more parties— 


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1 (i) to carry out vegetation treatment, 

2 including mechanical treatment using com3 mercial timber harvest of vegetation— 

4 (I) to reduce fire and insect 

5 risks; 

6 (II) to restore impaired water7 sheds; 

8 (III) to enhance fish and wildlife 

9 habitats; or 

10 (IV) to reduce road densities; 

11 and 

12 (ii) under which a party shall— 

13 (I) offset the value of goods (in14 cluding timber for services); 

15 (II) retain and reinvest receipts 

16 resulting from the landscape-scale res17 toration project that is the subject of 

18 the contract in the same or a different 

19 landscape-scale restoration project 

20 that is located in a stewardship area; 

21 (III) designate timber for cutting 

22 by description or prescription; and 

23 (IV) enter into a multiyear con24 tract, the period of which shall not ex25 ceed 10 years. 


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1 (13) THREE RIVERS RANGER DISTRICT.—The 

2 term ‘‘Three Rivers Ranger District’’ means the 

3 Three Rivers Ranger District in the Kootenai Na4 tional Forest. 

5 (14) VEGETATIVE MANAGEMENT.—The term 

6 ‘‘vegetative management’’ means any restoration ac7 tivity involving vegetation. 

8 SEC. 102. STEWARDSHIP AND RESTORATION PROJECTS. 

9 (a) DUTY OF SECRETARY CONCERNED.— 

10 (1) SELECTION.—In accordance with paragraph 

11 (2), the Secretary concerned shall select areas on 

12 which to carry out landscape-scale restoration 

13 projects under subsection (b), consistent with laws 

14 (including regulations) and forest plans and appro15 priate to forest types. 

16 (2) PRIORITY.—In selecting areas on which to 

17 carry out landscape-scale restoration projects under 

18 subsection (b), the Secretary concerned, in coordina19 tion with applicable advisory committees or local col20 laborative groups, shall give priority to areas— 

21 (A) on the Beaverhead-Deerlodge National 

22 Forest in which— 

23 (i) the road densities of which exceed 

24 1.5 miles per square mile of land; 


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1 (ii) the habitat connectivity of which 

2 are compromised as a result of past timber 

3 harvest patterns on the parcels of land; 

4 and 

5 (iii) that contain forests that are at 

6 high risk from insect epidemics or high-se7 verity wildfires, as determined by the Sec8 retary concerned; or 

9 (B) on the Seeley Lake Ranger District 

10 and the Three Rivers Ranger District, in 

11 which— 

12 (i) portions of a project contain a 

13 road density that exceeds the objectives of 

14 Grizzly Bear Management Units; and 

15 (ii) a reduction in road density would 

16 benefit affected wildlife. 

17 (b) PLANNING; IMPLEMENTATION.— 

18 (1) IN GENERAL.—Not later than 1 year after 

19 the date of enactment of this Act and annually 

20 thereafter, in accordance with paragraph (2), the 

21 Secretary concerned shall plan, and issue a record of 

22 decision for, 1 or more landscape-scale restoration 

23 projects that shall be implemented on parcels of land 

24 selected by the Secretary concerned under subsection 

25 (a). 


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1 (2) REQUIREMENTS.— 

2 (A) ROAD AND MOTORIZED TRAIL DEN3 SITY.— 

4 (i) IN GENERAL.—As determined in 

5 accordance with clause (ii), each landscape6 scale restoration project carried out under 

7 this subsection shall not, with respect to 

8 the stewardship area that is the subject 

9 of— 

10 (I) a project located in the Bea11 verhead-Deerlodge National Forest, 

12 result in a road and motorized trail 

13 density in excess of 1.5 miles per 

14 square mile; or 

15 (II) a project located within the 

16 Grizzly Bear Management Units on 

17 the Seeley Lake Ranger District and 

18 the Three Rivers Ranger District, ex19 ceed the road density objectives of the 

20 Grizzly Bear management plans. 

21 (ii) CALCULATION.—In determining 

22 compliance with the requirement described 

23 in clause (i), the road and motorized trail 

24 density of a stewardship area that is the 

25 subject of a landscape-scale restoration 


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1 project implemented under this subsection 

2 shall be determined— 

3 (I) on the date on which the 

4 project is completed; and 

5 (II) through a measurement 

6 taken in accordance with the project 

7 scale. 

8 (iii) ENHANCED RECREATIONAL TRAIL

9 OPPORTUNITIES.—The Secretary con10 cerned, in consultation with each interested 

11 party, may develop a plan to provide en12 hanced recreational trail opportunities as 

13 part of a landscape-scale restoration 

14 project— 

15 (I) to convert reclaimed roads 

16 into recreational trails in a manner 

17 consistent with this section; 

18 (II) to provide enhanced motor19 ized and nonmotorized recreational 

20 trail opportunities; 

21 (III) to increase trail 

22 connectivity; and 

23 (IV) to promote recreational op24 portunities in— 


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1 (aa) the Beaverhead2 Deerlodge National Forest; 

3 (bb) the Seeley Lake Ranger 

4 District; and 

5 (cc) the Three Rivers Rang6 er District. 

7 (B) RESTRICTION RELATING TO PERMA8 NENT ROADS.—In carrying out a landscape9 scale restoration project, the Secretary con10 cerned shall not construct any permanent road 

11 on an area that is the subject of the project. 

12 (C) INLAND NATIVE FISH STRATEGY.— 

13 Each landscape-scale restoration project shall 

14 be carried out in accordance with each standard 

15 described in the inland native fish strategy re16 lating to the conservation and management of 

17 riparian habitat. 

18 (D) FOREST MANAGEMENT.—On the ag19 gregate parcel of land that is the subject of the 

20 stewardship areas selected by the Secretary 

21 concerned under subsection (a), the Secretary 

22 concerned shall— 

23 (i) produce commercial wood products 

24 and accomplish landscape-scale restoration 

25 objectives; 


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1 (ii) carry out activities to reduce the 

2 risk and severity of uncharacteristic 

3 wildland fire and insect infestations; 

4 (iii) manage vegetation through tim5 ber harvest activities in a manner to en6 sure that the timber harvest activities are 

7 limited to stewardship areas; 

8 (iv) use prescribed burning and other 

9 silvicultural techniques to mimic mixed se10 verity, natural fires when appropriate to 

11 the forest type that is the subject of the 

12 prescribed burning or other silvicultural 

13 technique; 

14 (v) when a commercial timber harvest 

15 activity is used to implement the vegeta16 tion management of the aggregate parcel, 

17 design the commercial timber harvest ac18 tivity— 

19 (I) to reduce the long-term risk 

20 and severity of fire and insect infesta21 tions; 

22 (II) to maintain and restore 

23 healthy sustainable forests; 


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1 (III) to generate revenue to rein2 vest in fish and wildlife habitat main3 tenance and restoration; and 

4 (IV) to maintain the infrastruc5 ture of wood products manufacturing 

6 facilities that provide economic sta7 bility to communities located in close 

8 proximity to the aggregate parcel; and 

9 (vi) subject to paragraph 

10 (6)(C)(ii)(III), to produce commercial wood 

11 products and accomplish landscape-scale 

12 restoration objectives— 

13 (I) with respect to the steward14 ship area located in the Beaverhead15 Deerlodge National Forest— 

16 (aa) during the 2-year pe17 riod beginning on the date of en18 actment of this Act, mechanically 

19 treat timber on not less than 

20 14,000 acres of the stewardship 

21 area, during which, to the max22 imum extent practicable, the Sec23 retary concerned shall mechani24 cally treat timber on approxi25 mately 7,000 acres of the stewVerDate Nov 24 2008 02:11 Jul 21, 2009 Jkt 079200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S1470.IS S1470

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1 ardship area during each year of 

2 the period; 

3 (bb) not later than 5 years 

4 after the date of enactment of 

5 this Act, mechanically treat tim6 ber on not less than 35,000 acres 

7 of the stewardship area; and 

8 (cc) not later than 10 years 

9 after the date of enactment of 

10 this Act, mechanically treat tim11 ber on a minimum of 70,000 

12 acres of the stewardship area; 

13 (II) with respect to the steward14 ship area located in the Three Rivers 

15 Ranger District— 

16 (aa) during the 2-year pe17 riod beginning on the date of en18 actment of this Act, mechanically 

19 treat timber on not less than 

20 6,000 acres of the stewardship 

21 area; 

22 (bb) not later than 5 years 

23 after the date of enactment of 

24 this Act, mechanically treat timVerDate Nov 24 2008 02:11 Jul 21, 2009 Jkt 079200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S1470.IS S1470

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1 ber on not less than 15,000 acres 

2 of the stewardship area; and 

3 (cc) not later than 10 years 

4 after the date of enactment of 

5 this Act, mechanically treat tim6 ber on not less than 30,000 acres 

7 of the stewardship area; and 

8 (III) with respect to the steward9 ship area located in the Seeley Lake 

10 Ranger District, carry out projects de11 scribed in paragraph (3). 

12 (3) PROJECTS.— 

13 (A) COOPERATIVE PROJECTS.—The Sec14 retary concerned may plan and carry out coop15 erative projects on Federal and non-Federal 

16 land in the Seeley Lake Ranger District for the 

17 protection, restoration, or enhancement of fish 

18 or wildlife habitat or other resource objectives 

19 on the land if the projects will benefit resources 

20 on Federal land. 

21 (B) COMMUNITY PROJECTS.—The Sec22 retary concerned may appoint the Seeley Lake 

23 Ranger District Ranger of the Lolo National 

24 Forest and the Lincoln District Ranger of the 

25 Helena National Forest— 


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1 (i) to serve in an official capacity on 

2 the Board of Directors of the Blackfoot 

3 Challenge; and 

4 (ii) to participate in— 

5 (I) a Blackfoot Community 

6 Project; and 

7 (II) the Seeley Lake Coordinated 

8 Forest Management Project. 

9 (4) RESTORATION ACTIVITIES.— 

10 (A) IN GENERAL.—The Secretary con11 cerned may provide grants to pay the Federal 

12 share of the cost of restoration activities in the 

13 Seeley Lake Ranger District. 

14 (B) NON-FEDERAL SHARE.— 

15 (i) IN GENERAL.—The Secretary con16 cerned shall allow non-Federal matching 

17 contributions to cover the cost of restora18 tion activities under this paragraph. 

19 (ii) FORM.—Non-Federal contribu20 tions may be in the form of cash or an in21 kind contribution. 

22 (5) DISPOSITION OF APPEAL.—Notwithstanding 

23 section 322(d)(1)(B) of the Department of the Inte24 rior and Related Agencies Appropriations Act, 1993 

25 (16 U.S.C. 1612 note; Public Law 102–381), each 


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1 meeting between a designated Forest Service em2 ployee and an individual who files an appeal of a 

3 landscape-scale restoration project carried out under 

4 this section shall— 

5 (A) take place not later than 30 days after 

6 the closing date for filing an appeal; 

7 (B) occur in person at a location agreed to 

8 by the appellant and the Forest Service that is 

9 in the vicinity of the land affected by the deci10 sion; and 

11 (C) at the option of the Secretary con12 cerned, include other individuals involved in 

13 monitoring of the landscape-scale restoration 

14 project (including the applicable project advi15 sory committee or local collaborative group) to 

16 provide input to the Forest Service regarding 

17 the final decision of the Forest Service. 

18 (6) COMPLIANCE WITH NATIONAL ENVIRON19 MENTAL POLICY ACT OF 1969.— 

20 (A) COMPLIANCE.— 

21 (i) IN GENERAL.—Each landscape22 scale restoration project carried out under 

23 this section shall be carried out in accord24 ance with the National Environmental Pol25 icy Act of 1969 (42 U.S.C. 4321 et seq.). 


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1 (ii) DUTY OF SECRETARY CON2 CERNED.—To comply with the National 

3 Environmental Policy Act of 1969 (42 

4 U.S.C. 4321 et seq.) under clause (i), the 

5 Secretary concerned shall prepare 1 envi6 ronmental impact statement that covers all 

7 components of the landscape-scale restora8 tion project that is the subject of the envi9 ronmental impact statement to ensure that 

10 any additional analysis will not be re11 quired. 

12 (iii) NUMBER OF REQUIRED ENVIRON13 MENTAL IMPACT STATEMENTS.—Except as 

14 provided in subparagraph (C), with respect 

15 to an approved landscape-scale restoration 

16 project under this section, any environ17 mental impact statement in addition to an 

18 environmental impact statement described 

19 in clause (ii) shall not be required to im20 plement the approved landscape-scale res21 toration project. 

22 (B) IMPLEMENTATION OF LANDSCAPE23 SCALE RESTORATION PROJECT.—Upon the later 

24 of the completion of an environmental impact 

25 statement for a landscape-scale restoration 


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1 project under subparagraph (A), and the 

2 issuance of a record of decision for the land3 scape-scale restoration project under paragraph 

4 (1), the Secretary concerned shall implement 

5 the landscape-scale restoration project. 

6 (C) ADDITIONAL ENVIRONMENTAL ANAL7 YSIS.— 

8 (i) IN GENERAL.—The Secretary con9 cerned may, after consultation with re10 source advisory committees or local col11 laborative groups, and based on a moni12 toring of the applicable landscape-scale 

13 restoration project, conduct additional en14 vironmental analyses on the landscape15 scale restoration project after activities 

16 have begun, if the Secretary concerned de17 termines that changes to the original docu18 ment would help to better accomplish the 

19 purposes of this Act. 

20 (ii) MODIFICATIONS TO ENVIRON21 MENTAL IMPACT STATEMENTS.— 

22 (I) IN GENERAL.—Any modifica23 tion to an environmental impact state24 ment regarding a landscape-scale res25 toration project under this section 


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1 shall be subject to valid existing 

2 rights. 

3 (II) CONTINUATION OF LAND4 SCAPE-SCALE RESTORATION

5 PROJECT.—The implementation of a 

6 landscape-scale restoration project 

7 that is the subject of 1 or more modi8 fications under this clause shall con9 tinue until the date on which the 1 or 

10 more modifications are approved by, 

11 as appropriate— 

12 (aa) an appropriate United 

13 States district court; or 

14 (bb) the Secretary con15 cerned. 

16 (III) MECHANICAL TREAT17 MENT.—If any acreage scheduled to 

18 be mechanically treated through a 

19 landscape-scale restoration project 

20 under paragraph (2)(D)(vi) is elimi21 nated from the landscape-scale res22 toration project through a modifica23 tion under this clause, the Secretary 

24 concerned may not include the acre25 age in calculating the applicable acreVerDate Nov 24 2008 02:11 Jul 21, 2009 Jkt 079200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S1470.IS S1470

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1 age total required to be mechanically 

2 treated under paragraph (2)(D)(vi). 

3 (D) CONSULTATION.—The Secretary con4 cerned shall consult with resource advisory com5 mittees or local collaborative groups before any 

6 environmental analysis is conducted to reduce 

7 conflict and expedite project implementation. 

8 (7) ECOLOGICAL RESTORATION TREATMENTS.— 

9 An ecological restoration treatment selected by the 

10 Secretary concerned under the Collaborative Forest 

11 Landscape Restoration Program in accordance with 

12 section 4003 of the Omnibus Public Land Manage13 ment Act of 2009 (16 U.S.C. 7303) shall qualify as 

14 a landscape-scale restoration project under this sec15 tion. 

16 (8) PRIORITY REGARDING DESIGN OF LAND17 SCAPE-SCALE RESTORATION PROJECTS.—In plan18 ning a landscape-scale restoration project under this 

19 subsection, the Secretary concerned shall give pri20 ority to any proposal that is designed— 

21 (A) to benefit local communities through 

22 the creation or establishment of employment or 

23 training opportunities through the conduct of 

24 the landscape-scale restoration project; 


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1 (B) to ensure that wood and other by2 products of the landscape-scale restoration 

3 project— 

4 (i) are processed in the State; and 

5 (ii) contribute to the development or 

6 retention of value-added products for an 

7 existing or emerging market; 

8 (C) to establish partnerships with State, 

9 local, and private nonprofit youth groups; and 

10 (D) to result in ecological benefits to the 

11 landscape. 

12 (9) RECEIPTS.— 

13 (A) ESTABLISHMENT.—There is estab14 lished in the Treasury of the United States an 

15 account (referred to in this paragraph as the 

16 ‘‘Account’’) consisting of such amounts as are 

17 appropriated to the Account under subpara18 graph (B). 

19 (B) TRANSFERS TO ACCOUNT.—There are 

20 appropriated to the Account, out of funds of the 

21 Treasury not otherwise appropriated, amounts 

22 equivalent to amounts collected as receipts 

23 under this section. 

24 (C) EXPENDITURES FROM ACCOUNT.—On 

25 request by the Secretary concerned, the SecVerDate Nov 24 2008 02:11 Jul 21, 2009 Jkt 079200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S1470.IS S1470

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1 retary of the Treasury shall transfer from the 

2 Account to the Secretary concerned such 

3 amounts as the Secretary concerned determines 

4 are necessary to carry out this section. 

5 (D) TRANSFERS OF AMOUNTS.— 

6 (i) IN GENERAL.—The amounts re7 quired to be transferred to the Fund under 

8 this paragraph shall be transferred at least 

9 monthly from the general fund of the 

10 Treasury to the Fund on the basis of esti11 mates made by the Secretary of the Treas12 ury. 

13 (ii) ADJUSTMENTS.—Proper adjust14 ment shall be made in amounts subse15 quently transferred to the extent prior esti16 mates were in excess of or less than the 

17 amounts required to be transferred. 

18 (10) EFFECT ON OTHER PROJECTS.—Nothing 

19 in this section affects the authority of the Secretary 

20 concerned with respect to the conduct of any other 

21 project of the Secretary concerned on a stewardship 

22 area that is not carried out pursuant to this title. 

23 (11) EXISTING LANDSCAPE-SCALE RESTORA24 TION PROJECTS.—Landscape-scale restoration 

25 projects for which the Secretary concerned has, as of 


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1 the date of enactment of this Act, initiated the prep2 aration of an environmental impact statement or 

3 similar analysis in accordance with the National En4 vironmental Policy Act of 1969 (42 U.S.C. 4321 et 

5 seq.) may be carried out in accordance with applica6 ble law (including regulations). 

7 (12) EFFECT.—Except as otherwise provided in 

8 this Act, the Secretary concerned shall manage, in 

9 accordance with each applicable law (including regu10 lations)— 

11 (A) the Beaverhead-Deerlodge National 

12 Forest; 

13 (B) the Seeley Lake Ranger District; and 

14 (C) the Three Rivers Ranger District. 

15 SEC. 103. RESOURCE ADVISORY COMMITTEES. 

16 (a) ESTABLISHMENT; SELECTION FOR USE.— 

17 (1) ESTABLISHMENT OF RESOURCE ADVISORY

18 COMMITTEES.—Subject to paragraph (2), in accord19 ance with section 205 of the Secure Rural Schools 

20 and Community Self-Determination Act of 2000 (16 

21 U.S.C. 7125), the Secretary concerned shall estab22 lish— 

23 (A) a resource advisory committee for the 

24 Beaverhead-Deerlodge National Forest; and 


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1 (B) a resource advisory committee for the 

2 Three Rivers Ranger District. 

3 (2) SELECTION OF EXISTING ADVISORY COM4 MITTEE.—In establishing a resource advisory com5 mittee for each entity described in paragraph (1), 

6 the Secretary concerned may select an advisory com7 mittee in existence as of the date of enactment of 

8 this Act if the Secretary concerned determines that 

9 the advisory committee— 

10 (A) is capable of carrying out the applica11 ble requirements of this Act; and 

12 (B) meets each requirement described in 

13 section 205 of the Secure Rural Schools and 

14 Community Self-Determination Act of 2000 (16 

15 U.S.C. 7125). 

16 (b) DUTIES.— 

17 (1) ESTABLISHMENT OF ADVISORY COMMIT18 TEES.— 

19 (A) IN GENERAL.—Each resource advisory 

20 committee established under subsection (a)(1) 

21 shall establish an advisory committee for each 

22 landscape-scale restoration project implemented 

23 by the Secretary concerned under section 

24 102(b) to assist the Secretary concerned in de25 termining the location for, completing the deVerDate Nov 24 2008 02:11 Jul 21, 2009 Jkt 079200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S1470.IS S1470

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1 sign of, and implementing each landscape-scale 

2 restoration project under the jurisdiction of the 

3 advisory committee. 

4 (B) COMPOSITION.—Each advisory com5 mittee established by a resource advisory com6 mittee under subparagraph (A) shall be com7 prised of representatives from— 

8 (i) industrial, recreational, conserva9 tion, and livestock organizations; and 

10 (ii) applicable local collaborative forest 

11 management groups. 

12 (2) GUIDANCE.—Each resource advisory com13 mittee shall advise each entity under the jurisdiction 

14 of the resource advisory committee on issues relating 

15 to the disbursement of excess receipts that result 

16 from the completion of each landscape-scale restora17 tion project implemented by the Secretary concerned 

18 under section 102(b), as appropriate. 

19 SEC. 104. MONITORING; REPORTING. 

20 (a) REPORTS.—Not later than 5 years after the date 

21 of enactment of this Act and every 5 years thereafter, the 

22 Secretary concerned shall submit to the appropriate com23 mittees of Congress a report on the implementation of 

24 landscape-scale restoration projects under this title. 


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1 (b) CONTENTS.—Each report required under sub2 section (a) shall, for the entity covered by the report— 

3 (1) assess the effectiveness of stewardship con4 tracts in meeting vegetative management goals and 

5 funding restoration goals; 

6 (2) provide information on— 

7 (A) the number of landscape-scale restora8 tion projects designed, implemented, and com9 pleted; 

10 (B) the cost effectiveness of each land11 scape-scale restoration project, including the 

12 costs of planning and environmental analysis 

13 and the benefits resulting from restoration ac14 tivities; and 

15 (C) the number of acres treated and res16 toration projects accomplished; 

17 (3) evaluate whether the use of stewardship 

18 contracts and the participation of local collaborative 

19 groups and other forms of public involvement have 

20 reduced the number of administrative appeals and 

21 legal challenges or otherwise impacted the outcome 

22 of appeals and litigation; 

23 (4) make recommendations on legislative or ad24 ministrative actions that might better achieve the 


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1 goals and purposes of the restoration efforts carried 

2 out by the Secretary concerned; 

3 (5) identify any additional resources and au4 thorities that are necessary to implement fully the 

5 initiatives carried out by the Secretary concerned 

6 under this title; 

7 (6) evaluate the effectiveness of restoration ac8 tivities on ecological health; and 

9 (7) consider and implement adaptive manage10 ment tools to improve management under this Act, 

11 including impacts of climate change on the effective12 ness of restoration activities. 

13 SEC. 105. BIOMASS COMBINED HEAT AND POWER SYSTEM 

14 PROJECTS. 

15 (a) USE OF FUNDS.—The Secretary concerned may 

16 use funds made available under section 106(a) and other 

17 funds available to the Secretary concerned for fiscal year 

18 2010, to pay the Federal share of the cost of installation 

19 of combined heat and power biomass systems that can use 

20 materials made available from the landscape-scale restora21 tion projects carried out under this title. 

22 (b) BIOMASS STUDY.— 

23 (1) STUDY.—As soon as practicable after the 

24 date of enactment of this Act, the Secretary con25 cerned shall conduct a study— 


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1 (A) to examine the feasibility of the sus2 tainable development of biomass supplies and 

3 combined heat and power energy generation in 

4 the areas covered by this title; and 

5 (B) to develop a means by which to facili6 tate and encourage the use of biomass recov7 ered from forest land as an energy source to re8 duce the risk of severe wildfire to— 

9 (i) communities; 

10 (ii) infrastructure; and 

11 (iii) water supplies. 

12 (2) PLAN.—Not later than 18 months after the 

13 date of enactment of this Act, the Secretary con14 cerned shall propose a plan that is based on the re15 sults of the study carried out under paragraph (1). 

16 SEC. 106. FUNDING. 

17 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated such sums as are nec19 essary to carry out this title. 

20 (b) FUND.—In addition to funds made available 

21 under subsection (a), the Secretary concerned may use 

22 such amounts in the Fund as are necessary to carry out 

23 this title. 

24 (c) COST-EFFECTIVE PLANNING AND IMPLEMENTA25 TION.—In planning and implementing landscape-scale resVerDate Nov 24 2008 02:11 Jul 21, 2009 Jkt 079200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S1470.IS S1470

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1 toration projects under this title, the Secretary concerned 

2 shall use the most cost-effective means available. 

3 (d) REPROGRAMMING.—Subject to the relevant re4 programming guidelines of the Committee on Appropria5 tions of the Senate and the Committee on Appropriations 

6 of the House of Representatives, funds specifically pro7 vided to the Forest Service by the Secretary concerned to 

8 implement resource management activities according to 

9 this title may be made available. 

10 (e) UNOBLIGATED BALANCES.—Subject to normal 

11 reprogramming guidelines, the forest supervisors of the 

12 Beaverhead-Deerlodge National Forest, the Lolo National 

13 Forest, and the Kootenai National Forest may allocate 

14 and use all accounts that contain year-end excess funds, 

15 and all other available excess funds, for the administration 

16 and management of the National Forest under the juris17 diction of the forest supervisor to implement projects to 

18 achieve the goals and objectives of this title. 

19 (f) LANDSCAPE-SCALE RESTORATION PROJECTS.— 

20 (1) IN GENERAL.—Subject to paragraph (2), 

21 the Secretary concerned may retain any receipts de22 rived from the implementation of landscape-scale 

23 restoration projects under this title for use in plan24 ning and implementing additional landscape-scale 

25 restoration projects. 


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1 (2) LIMITATION.— 

2 (A) IN GENERAL.—Except as provided in 

3 subparagraph (B), funds generated by a land4 scape-scale restoration project under this title 

5 may not be expended by the Secretary con6 cerned on a landscape-scale restoration project 

7 carried out on an administrative unit of a Na8 tional Forest other than the administrative unit 

9 on which the landscape-scale restoration project 

10 that is the source of the funds is carried out. 

11 (B) EXCEPTION.—Funds generated by a 

12 landscape-scale restoration project under this 

13 title in the Beaverhead-Deerlodge National For14 est may be expended by the Secretary con15 cerned on a landscape-scale restoration project 

16 carried out in any other administrative unit of 

17 a National Forest. 

18 (g) ADMINISTRATION.—Of the amounts available to 

19 carry out this title for each fiscal year, the Secretary con20 cerned shall ensure that— 

21 (1) not more than 10 percent is used or allo22 cated for general administration, planning, or other 

23 overhead; and 

24 (2) not less than 10 percent is used to carry 

25 out projects authorized under this title. 


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1 SEC. 107. ADMINISTRATION. 

2 Except as otherwise provided in this title, the Sec3 retary concerned shall administer the Beaverhead4 Deerlodge National Forest, the Seeley Lake Ranger Dis5 trict, and the Three Rivers Ranger District in accordance 

6 with applicable laws (including regulations). 

7 SEC. 108. TERMINATION OF AUTHORITY. 

8 (a) IN GENERAL.—Subject to subsection (b), the au9 thority of the Secretary concerned to plan and implement 

10 landscape-scale restoration projects under this title shall 

11 terminate on the later of— 

12 (1) the date that is 15 years after the date of 

13 enactment of this Act; or 

14 (2)(A) in the case of the Beaverhead-Deerlodge 

15 National Forest, the date on which 70,000 acres of 

16 land in the Beaverhead-Deerlodge National Forest 

17 have been mechanically treated in accordance with 

18 section 102(b)(2)(D)(vi)(I); or 

19 (B) in the case of the Three Rivers Ranger Dis20 trict, the date on which 30,000 acres of land in the 

21 Three Rivers Ranger District have been mechani22 cally treated in accordance with section 

23 102(b)(2)(D)(vi)(II). 

24 (b) CONTRACTS.—The termination of the authority 

25 of the Secretary concerned under subsection (a) shall not 


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1 affect any contract entered into by the Secretary con2 cerned to carry out this title. 

3 TITLE II—DESIGNATION OF WIL4 DERNESS AND NATIONAL 

5 RECREATION AREAS 

6 SEC. 201. DESIGNATION OF WILDERNESS AND NATIONAL 

7 RECREATION AREAS. 

8 (a) BEAVERHEAD-DEERLODGE NATIONAL FOR9 EST.—In accordance with, and in furtherance of the pur10 poses of, the Wilderness Act (16 U.S.C. 1131 et seq.), the 

11 following areas in the State are designated as wilderness 

12 areas and as components of the National Wilderness Pres13 ervation System: 

14 (1) ANACONDA PINTLAR WILDERNESS ADDI15 TIONS.—Certain land in the Beaverhead-Deerlodge 

16 National Forest, comprising approximately 56,680 

17 acres, as generally depicted on the map entitled 

18 ‘‘Anaconda-Pintlar Proposed Wilderness Additions’’ 

19 and dated July 16, 2009, is incorporated in, and 

20 shall be considered to be a part of, the Anaconda21 Pintlar Wilderness. 

22 (2) DOLUS LAKES WILDERNESS.—Certain land 

23 in the Beaverhead-Deerlodge National Forest, com24 prising approximately 9,367 acres, as generally de25 picted on the map entitled ‘‘Dolus Lakes Proposed 


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1 Wilderness’’ and dated July 16, 2009, to be known 

2 as the ‘‘Dolus Lakes Wilderness’’. 

3 (3) EAST PIONEERS WILDERNESS.—Certain 

4 land in the Beaverhead-Deerlodge National Forest, 

5 comprising approximately 76,775 acres, as generally 

6 depicted on the map entitled ‘‘East Pioneers Pro7 posed Wilderness’’ and dated July 16, 2009, to be 

8 known as the ‘‘East Pioneers Wilderness’’. 

9 (4) ELECTRIC PEAK WILDERNESS.—Certain 

10 land in the Beaverhead-Deerlodge National Forest, 

11 comprising approximately 4,653 acres, as generally 

12 depicted on the map entitled ‘‘Electric Peak Pro13 posed Wilderness’’ and dated July 16, 2009, to be 

14 known as the ‘‘Electric Peak Wilderness’’. 

15 (5) LEE METCALF WILDERNESS ADDITIONS.— 

16 Certain land in the Beaverhead-Deerlodge National 

17 Forest, comprising approximately 18,950 acres, as 

18 generally depicted on the map entitled ‘‘Lee Metcalf 

19 Proposed Wilderness Additions’’ and dated July 16, 

20 2009, is incorporated in, and shall be considered to 

21 be a part of, the Lee Metcalf Wilderness. 

22 (6) HIGHLANDS WILDERNESS.—Certain land in 

23 the Beaverhead-Deerlodge National Forest, com24 prising approximately 20,392 acres, as generally de25 picted on the map entitled ‘‘Highlands Proposed 


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1 Wilderness’’ and dated July 16, 2009, to be known 

2 as the ‘‘Highlands Wilderness’’. 

3 (7) ITALIAN PEAKS WILDERNESS.—Certain 

4 land in the Beaverhead-Deerlodge National Forest, 

5 comprising approximately 29,508 acres, as generally 

6 depicted on the map entitled ‘‘Italian Peaks Pro7 posed Wilderness’’ and dated July 16, 2009, to be 

8 known as the ‘‘Italian Peaks Wilderness’’. 

9 (8) LIMA PEAKS WILDERNESS.—Certain land in 

10 the Beaverhead-Deerlodge National Forest, com11 prising approximately 35,120 acres, as generally de12 picted on the map entitled ‘‘Lima Peaks Proposed 

13 Wilderness’’ and dated July 16, 2009, to be known 

14 as the ‘‘Lima Peaks Wilderness’’. 

15 (9) LOST CABIN WILDERNESS.—Certain land in 

16 the Beaverhead-Deerlodge National Forest, com17 prising approximately 5,223 acres, as generally de18 picted on the map entitled ‘‘Lost Cabin Lake Pro19 posed Wilderness’’ and dated July 16, 2009, to be 

20 known as the ‘‘Lost Cabin Wilderness’’. 

21 (10) MOUNT JEFFERSON WILDERNESS.—Cer22 tain land in the Beaverhead-Deerlodge National For23 est, comprising approximately 4,465 acres, as gen24 erally depicted on the map entitled ‘‘Mount JefferVerDate Nov 24 2008 02:11 Jul 21, 2009 Jkt 079200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S1470.IS S1470

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1 son Proposed Wilderness’’ and dated July 16, 2009, 

2 to be known as the ‘‘Mount Jefferson Wilderness’’. 

3 (11) QUIGG PEAK WILDERNESS.—Certain land 

4 in the Beaverhead-Deerlodge National Forest, com5 prising approximately 8,388 acres, as generally de6 picted on the map entitled ‘‘Quigg Peak Proposed 

7 Wilderness’’ and dated July 16, 2009, to be known 

8 as the ‘‘Quigg Peak Wilderness’’. 

9 (12) SAPPHIRES WILDERNESS.—Certain land in 

10 the Beaverhead-Deerlodge National Forest, com11 prising approximately 53,327 acres, as generally de12 picted on the map entitled ‘‘Sapphires Proposed Wil13 derness’’ and dated July 16, 2009, to be known as 

14 the ‘‘Sapphires Wilderness’’. 

15 (13) SNOWCREST WILDERNESS.—Certain land 

16 in the Beaverhead-Deerlodge National Forest, com17 prising approximately 89,798 acres, as generally de18 picted on the map entitled ‘‘Snowcrest Proposed 

19 Wilderness’’ and dated July 16, 2009, to be known 

20 as the ‘‘Snowcrest Wilderness’’. 

21 (14) STONY MOUNTAIN WILDERNESS.—Certain 

22 land in the Beaverhead-Deerlodge National Forest, 

23 comprising approximately 14,261 acres, as generally 

24 depicted on the map entitled ‘‘Stony Mountain ProVerDate Nov 24 2008 02:11 Jul 21, 2009 Jkt 079200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S1470.IS S1470

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1 posed Wilderness’’ and dated July 16, 2009, to be 

2 known as the ‘‘Stony Mountain Wilderness’’. 

3 (15) WEST BIG HOLE WILDERNESS.—Certain 

4 land in the Beaverhead-Deerlodge National Forest, 

5 comprising approximately 44,084 acres, as generally 

6 depicted on the map entitled ‘‘West Big Hole Pro7 posed Wilderness’’ and dated July 16, 2009, to be 

8 known as the ‘‘West Big Hole Wilderness’’. 

9 (16) WEST PIONEERS WILDERNESS.—Certain 

10 land in the Beaverhead-Deerlodge National Forest, 

11 comprising approximately 25,742 acres, as generally 

12 depicted on the map entitled ‘‘West Pioneers Pro13 posed Wilderness’’ and dated July 16, 2009, to be 

14 known as the ‘‘West Pioneers Wilderness’’. 

15 (b) LOLO NATIONAL FOREST.—In furtherance of the 

16 purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), 

17 the following land is designated as wilderness and as com18 ponents of the National Wilderness Preservation System: 

19 (1) BOB MARSHALL AND SCAPEGOAT WILDER20 NESS ADDITIONS.—Certain land in the Lolo Na21 tional Forest, which comprises approximately 71,378 

22 acres, as generally depicted as the ‘‘North Fork 

23 Blackfoot-Monture Creek Wilderness Addition’’ on 

24 the map entitled ‘‘Location of the Seeley Lake Wil25 derness Additions and the Otatsy National RecreVerDate Nov 24 2008 02:11 Jul 21, 2009 Jkt 079200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S1470.IS S1470

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1 ation Area’’ and dated July 16, 2009, which is in2 corporated in, and shall be considered part of, the 

3 Bob Marshall and Scapegoat Wilderness designated 

4 by Public Law 92–395 (86 Stat. 578). 

5 (2) BOB MARSHALL WILDERNESS ADDITION.— 

6 Certain land in the Lolo National Forest, which 

7 comprises approximately 7,599 acres, as generally 

8 depicted as the ‘‘Grizzly Basin of the Swan Range 

9 Wilderness Addition’’ on the map entitled ‘‘Location 

10 of the Seeley Lake Wilderness Additions and the 

11 Otatsy National Recreation Area’’ and dated July 

12 16, 2009, which is incorporated in, and shall be con13 sidered part of, the Bob Marshall Wilderness des14 ignated under the Wilderness Act (16 U.S.C. 1131 

15 et seq.). 

16 (3) MISSION MOUNTAINS WILDERNESS ADDI17 TION.—Certain land in the Lolo National Forest, 

18 which comprises approximately 4,501 acres, as gen19 erally depicted as the ‘‘West Fork Clearwater Wil20 derness Addition’’ on the map entitled ‘‘Location of 

21 the Seeley Lake Wilderness Additions and the 

22 Otatsy National Recreation Area’’ and dated July 

23 16, 2009, which is incorporated in, and shall be con24 sidered part of, the Mission Mountains Wilderness 

25 designated by Public Law 93–632 (88 Stat. 2153). 


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1 (c) KOOTENAI NATIONAL FOREST.—In furtherance 

2 of the purposes of the Wilderness Act (16 U.S.C. 1131 

3 et seq.), certain land in the Kootenai National Forest, 

4 which comprises approximately 29,869 acres, as generally 

5 depicted as the ‘‘Roderick Wilderness Area’’ on the map 

6 entitled ‘‘Three Rivers Special Management Area and 

7 Roderick Wilderness’’ and dated July 16, 2009, is— 

8 (1) designated as wilderness and as a compo9 nent of the National Wilderness Preservation Sys10 tem; and 

11 (2) to be known as the ‘‘Roderick Wilderness’’. 

12 (d) DILLON FIELD OFFICE.—In accordance with, 

13 and in furtherance of the purposes of, the Wilderness Act 

14 (16 U.S.C. 1131 et seq.), the following areas of Bureau 

15 of Land Management land in the State are designated as 

16 wilderness areas and as components of the National Wil17 derness Preservation System: 

18 (1) BLACKTAIL MOUNTAINS WILDERNESS.— 

19 Certain land under the jurisdiction of the Dillon 

20 Field Office, comprising approximately 10,667 acres, 

21 as generally depicted on the map entitled ‘‘Blacktail 

22 Mountains Proposed Wilderness’’ and dated June 

23 29, 2009, to be known as the ‘‘Blacktail Mountains 

24 Wilderness’’. 


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1 (2) CENTENNIAL MOUNTAINS WILDERNESS.— 

2 Certain land under the jurisdiction of the Dillon 

3 Field Office, comprising approximately 23,256 acres, 

4 as generally depicted on the map entitled ‘‘Centen5 nial Mountains Proposed Wilderness’’ and dated 

6 June 29, 2009, to be known as the ‘‘Centennial 

7 Mountains Wilderness’’. 

8 (3) FARLIN CREEK WILDERNESS.—Certain land 

9 under the jurisdiction of the Dillon Field Office, 

10 comprising approximately 661 acres, as generally de11 picted on the map entitled ‘‘Farlin Creek Proposed 

12 Wilderness’’ and dated June 29, 2009, to be known 

13 as the ‘‘Farlin Creek Wilderness’’. 

14 (4) RUBY MOUNTAINS WILDERNESS.—Certain 

15 land under the jurisdiction of the Dillon Field Of16 fice, comprising approximately 15,504 acres, as gen17 erally depicted on the map entitled ‘‘Ruby Moun18 tains Proposed Wilderness’’ and dated June 29, 

19 2009, to be known as the ‘‘Ruby Mountains Wilder20 ness’’. 

21 (e) BUTTE FIELD OFFICE.— 

22 (1) IN GENERAL.—In accordance with, and in 

23 furtherance of the purposes of, the Wilderness Act 

24 (16 U.S.C. 1131 et seq.), the area of Bureau of 

25 Land Management land in the State described in 


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1 paragraph (2) is designated as a wilderness area and 

2 as a component of the National Wilderness Preser3 vation System. 

4 (2) HUMBUG SPIRES WILDERNESS.—Certain 

5 land under the jurisdiction of the Butte Field Office, 

6 comprising approximately 8,892 acres, as generally 

7 depicted on the map entitled ‘‘Humbug Spires Pro8 posed Wilderness’’ and dated June 29, 2009, to be 

9 known as the ‘‘Humbug Spires Wilderness’’. 

10 SEC. 202. ADMINISTRATION. 

11 (a) MANAGEMENT.—Subject to valid existing rights, 

12 each area designated as wilderness by section 201 shall 

13 be administered by the Secretary concerned in accordance 

14 with the Wilderness Act (16 U.S.C. 1131 et seq.), except 

15 that any reference in that Act to the effective date shall 

16 be considered to be a reference to the date of enactment 

17 of this Act. 

18 (b) MAP; LEGAL DESCRIPTION.— 

19 (1) IN GENERAL.—As soon as practicable after 

20 the date of enactment of this Act, the Secretary con21 cerned shall file a map and a legal description of 

22 each wilderness area designated by section 201 

23 with— 

24 (A) the Committee on Natural Resources 

25 of the House of Representatives; and 


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1 (B) the Committee on Energy and Natural 

2 Resources of the Senate. 

3 (2) FORCE OF LAW.—A map and legal descrip4 tion filed under paragraph (1) shall have the same 

5 force and effect as if included in this title, except 

6 that the Secretary concerned may correct errors in 

7 the map and legal description. 

8 (3) PUBLIC AVAILABILITY.—Each map and 

9 legal description filed under paragraph (1) shall be 

10 filed and made available for public inspection in the 

11 appropriate office of the Secretary concerned. 

12 (c) INCORPORATION OF ACQUIRED LAND AND INTER13 ESTS.—Any land within the boundary of a wilderness area 

14 designated by section 201 that is acquired by the Federal 

15 Government shall— 

16 (1) become part of the wilderness area in which 

17 the land is located; and 

18 (2) be managed in accordance with— 

19 (A) this title; 

20 (B) the Wilderness Act (16 U.S.C. 1131 et 

21 seq.); and 

22 (C) any other applicable law (including 

23 regulations). 


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1 (d) WITHDRAWAL.—Subject to valid existing rights, 

2 each parcel of Federal land designated as a wilderness 

3 area by section 201 is withdrawn from— 

4 (1) all forms of entry, appropriation, or disposal 

5 under the public land laws; 

6 (2) location, entry, and patent under the mining 

7 laws; and 

8 (3) operation of the mineral leasing, mineral 

9 materials and geothermal leasing laws. 

10 (e) FIRE, INSECT, AND DISEASE MANAGEMENT AC11 TIVITIES.— 

12 (1) IN GENERAL.—The Secretary concerned 

13 may take such measures in each wilderness area des14 ignated by section 201 as the Secretary concerned 

15 determines to be necessary for the control and pre16 vention of fire, insects, and diseases, in accordance 

17 with— 

18 (A) section 4(d)(1) of the Wilderness Act 

19 (16 U.S.C. 1133(d)(1)); and 

20 (B) House Report No. 98–40. 

21 (2) REVIEW.—Not later than 1 year after the 

22 date of enactment of this Act, the Secretary con23 cerned shall review each policy in existence as of 

24 that date that is applicable to each wilderness area 

25 designated by section 201 to ensure that each auVerDate Nov 24 2008 02:11 Jul 21, 2009 Jkt 079200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S1470.IS S1470

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1 thorized approval procedure for any fire manage2 ment measure provides a timely and efficient re3 sponse to fire emergencies in the wilderness area. 

4 (f) ACCESS TO PRIVATE PROPERTY.—In accordance 

5 with section 5(a) of the Wilderness Act (16 U.S.C. 

6 1134(a)), the Secretary concerned shall provide each 

7 owner of private property located in a wilderness area des8 ignated by section 201 adequate access to the private 

9 property to ensure the reasonable use and enjoyment of 

10 the property by the owner. 

11 (g) SNOW SENSORS AND STREAM GAUGES.—Nothing 

12 in this title prevents the installation or maintenance of 

13 hydrological, meteorological, or climatological instrumen14 tation in each wilderness area designated by section 201 

15 if the Secretary concerned determines that the installation 

16 or maintenance of the instrumentation is appropriate to 

17 further the scientific, educational, or conservation pur18 poses of the wilderness areas. 

19 (h) MILITARY ACTIVITIES.— 

20 (1) IN GENERAL.—With respect to each wilder21 ness area designated by section 201, nothing in this 

22 title precludes or restricts— 

23 (A) low-level overflights of military air24 craft; 


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1 (B) the designation of new units of special 

2 airspace; or 

3 (C) the use or establishment of military 

4 flight training routes over the wilderness areas. 

5 (2) HIGHLANDS WILDERNESS AREA.—Nothing 

6 in this title precludes or restricts the authority of 

7 the Secretary concerned to enter into agreements 

8 with the Secretary of Defense or the Montana Na9 tional Guard to permit limited and scheduled land10 ings of aircraft in the Highlands Wilderness Area. 

11 (i) GRAZING.—The grazing of livestock (including the 

12 maintenance of any facility in existence as of the date of 

13 enactment of this Act that is used in connection with the 

14 grazing of livestock) in each wilderness area designated 

15 by section 201 shall be administered in accordance with— 

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

17 U.S.C. 1133(d)(4)); and 

18 (2) the guidelines set forth in Appendix A of 

19 House Report 101–405. 

20 (j) FISH AND WILDLIFE MANAGEMENT.— 

21 (1) IN GENERAL.—In furtherance of the pur22 poses and principles of the management activities 

23 under the Wilderness Act (16 U.S.C. 1131 et seq.), 

24 the Secretary concerned may carry out management 

25 activities to maintain or restore fish and wildlife 


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1 populations (including activities to maintain and re2 store fish and wildlife habitats to support the popu3 lations) in any wilderness area designated by section 

4 201 if the activities are— 

5 (A) consistent with applicable wilderness 

6 management plans; and 

7 (B) carried out in accordance with applica8 ble guidelines and policies. 

9 (2) STATE MANAGEMENT; RECREATIONAL

10 USE.—Nothing in this Act— 

11 (A) affects the authority, jurisdiction, or 

12 responsibility of the State to manage, control, 

13 or regulate fish and resident wildlife under 

14 State law (including regulations), including the 

15 regulation of hunting, fishing, trapping, and 

16 recreational shooting on public land managed 

17 by— 

18 (i) the Forest Service; or 

19 (ii) the Bureau of Land Management; 

20 or 

21 (B) affects access for any recreational ac22 tivity allowed by any law (including regula23 tions), including— 

24 (i) hunting; 

25 (ii) fishing; 


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1 (iii) trapping; and 

2 (iv) recreational shooting. 

3 (k) ADJACENT MANAGEMENT.— 

4 (1) IN GENERAL.—Nothing in this title creates 

5 any protective perimeter or buffer zone around any 

6 wilderness area designated by section 201. 

7 (2) NONWILDERNESS ACTIVITIES.—The fact 

8 that a nonwilderness activity or use can be seen or 

9 heard from an area within a wilderness area des10 ignated by section 201 shall not preclude the con11 duct of the activity or use outside the boundary of 

12 the wilderness area. 

13 (l) MEMORANDUMS OF UNDERSTANDING.—Not later 

14 than 1 year after the date of enactment of this Act, the 

15 Secretary concerned shall offer to enter into a memo16 randum of understanding with each law enforcement, 

17 emergency medical responder, and search and rescue orga18 nization of each political subdivision of the State, the ju19 risdiction of which includes any wilderness area designated 

20 by section 201, to ensure that each organization is author21 ized to enter each wilderness area to conduct emergency 

22 operations. 

23 (m) OUTFITTER AND GUIDE ACTIVITIES.—Outfitter 

24 and guide activities conducted under permits of the Forest 

25 Service in effect on the date of enactment of this Act in 


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1 any wilderness area designated by section 201 shall be 

2 considered to have met all requirements for necessary 

3 analysis for the permits. 

4 (n) EFFECT.— 

5 (1) EAST PIONEERS WILDERNESS AREA.—With 

6 respect to the East Pioneers Wilderness Area, noth7 ing in this title affects the right of any owner of 1 

8 or more water impoundment structures to customary 

9 and usual access to the 1 or more water impound10 ment structures, including— 

11 (A) necessary motorized use over and 

12 along roads and trails in existence as of the 

13 date of enactment of this Act to the 1 or more 

14 water impoundment structures; and 

15 (B) the right to operate and maintain the 

16 1 or more water impoundment structures. 

17 (2) HIGHLANDS WILDERNESS AREA.—With re18 spect to the Highlands Wilderness Area, nothing in 

19 this title affects— 

20 (A) the customary and usual access of 

21 Beaverhead County to operate and maintain the 

22 communication site located on Table Mountain 

23 under a special use permit issued by the Forest 

24 Service; and 


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1 (B) the water supply pipeline in existence 

2 as of the date of enactment of this Act for the 

3 city of Butte (including the surrounding com4 munity of the city of Butte)— 

5 (i) including the right of the city of 

6 Butte of ingress and egress with respect to 

7 the water supply pipeline; and 

8 (ii) which may be operated, main9 tained, and upgraded by the city of Butte, 

10 subject to reasonable requirements to pro11 tect the wilderness values of the Highlands 

12 Wilderness Area. 

13 (3) SNOWCREST WILDERNESS AREA.—With re14 spect to the Snowcrest Wilderness Area, nothing in 

15 this title affects— 

16 (A) motorized access to water infrastruc17 ture for cattle, which— 

18 (i) was constructed— 

19 (I) to protect the Ruby River; 

20 and 

21 (II) to preserve historic access 

22 for other ranching activities; and 

23 (ii) shall continue under the permit 

24 system in existence as of the date of enact25 ment of this Act; and 


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1 (B) subject to reasonable requirements to 

2 protect the wilderness values of the Snowcrest 

3 Wilderness Area, historical motorized access to 

4 trail sheep. 

5 SEC. 203. RELEASE OF BUREAU OF LAND MANAGEMENT 

6 STUDY AREAS. 

7 (a) FINDING.—Congress finds that, for purposes of 

8 section 603 of the Federal Land Policy and Management 

9 Act of 1976 (43 U.S.C. 1782), any portion of a wilderness 

10 study area described in subsection (b) that is not des11 ignated as a wilderness area by section 201 or any other 

12 Act enacted before the date of enactment of this Act has 

13 been adequately studied for wilderness. 

14 (b) DESCRIPTION OF STUDY AREAS.—The study 

15 areas referred to in subsection (a) are— 

16 (1) the Axolotl Lakes Wilderness Study Area; 

17 (2) the Bell and Limekiln Canyons Wilderness 

18 Study Area; 

19 (3) the Blacktail Mountains Wilderness Study 

20 Area; 

21 (4) the Centennial Mountains Wilderness Study 

22 Area; 

23 (5) the East Fork Blacktail Wilderness Study 

24 Area; 

25 (6) the Farlin Creek Wilderness Study Area; 


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1 (7) the Henneberry Ridge Wilderness Study 

2 Area; 

3 (8) the Hidden Pasture Wilderness Study Area; 

4 (9) the Humbug Spires Wilderness Study Area; 

5 and 

6 (10) the Ruby Mountains Wilderness Study 

7 Area. 

8 (c) RELEASE.—Any study area described in sub9 section (b) that is not designated as a wilderness area by 

10 section 201— 

11 (1) is no longer subject to section 603(c) of the 

12 Federal Land Policy and Management Act of 1976 

13 (43 U.S.C. 1782(c)); and 

14 (2) shall be managed in accordance with the ap15 plicable land management plans adopted under sec16 tion 202 of that Act (43 U.S.C. 1712). 

17 SEC. 204. RELEASE OF SAPPHIRE AND WEST PIONEER WIL18 DERNESS STUDY AREAS. 

19 (a) FINDINGS.—Congress finds that— 

20 (1) for purposes of section 603 of the Federal 

21 Land Policy and Management Act of 1976 (43 

22 U.S.C. 1782), any portion of a wilderness study area 

23 described in subsection (b) that is not designated as 

24 a wilderness area by section 201 or any other Act 


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1 enacted before the date of enactment of this Act has 

2 been adequately studied for wilderness; 

3 (2) the studies conducted under section 2 of the 

4 Montana Wilderness Study Act of 1977 (Public Law 

5 95–150; 91 Stat. 1243) regarding each study area 

6 described in subsection (b) are adequate for the con7 sideration of the suitability of each study area for 

8 inclusion as a component of the National Wilderness 

9 Preservation System; and 

10 (3) the Secretary of Agriculture is not re11 quired— 

12 (A) to review the wilderness option for 

13 each study area described in subsection (b) 

14 prior to the revision of the forest plan required 

15 for each land that comprises each study area in 

16 accordance with the Forest and Rangeland Re17 newable Resources Planning Act of 1974 (16 

18 U.S.C. 1600 et seq.); and 

19 (B) to manage each study area described 

20 in subsection (b) to ensure the suitability of 

21 each study area for designation as a component 

22 of the National Wilderness Preservation System 

23 pending revision of the forest plan that com24 prises the study area. 


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1 (b) DESCRIPTION OF STUDY AREAS.—The study 

2 areas referred to in subsection (a) are— 

3 (1) the portion of the Sapphire Wilderness 

4 Study Area that is— 

5 (A) located within the Beaverhead6 Deerlodge National Forest, as described in sec7 tion 2(4) of the Montana Wilderness Study Act 

8 of 1977 (Public Law 95–150; 91 Stat. 1243); 

9 and 

10 (B) not designated as a wilderness area by 

11 section 201; and 

12 (2) the portion of the West Pioneer Wilderness 

13 Study Area, as described in section 2(1) of the Mon14 tana Wilderness Study Act of 1977 (Public Law 95– 

15 150; 91 Stat. 1243), that is not designated as a wil16 derness area by section 201. 

17 SEC. 205. LOST CREEK PROTECTION AREA. 

18 (a) DESIGNATION.—Certain Federal land located in 

19 the Beaverhead-Deerlodge National Forest, comprising 

20 approximately 15,134 acres, as generally depicted on the 

21 map entitled ‘‘Lost Creek Protection Area’’ and dated 

22 July 16, 2009, is designated as the ‘‘Lost Creek Protec23 tion Area’’. 

24 (b) ADMINISTRATION.—The Secretary concerned 

25 shall administer the protection area in accordance with 


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1 this section and any laws (including regulations) relating 

2 to the National Forest System. 

3 (c) WITHDRAWAL.—Subject to valid existing rights, 

4 the Federal land designated as the protection area is with5 drawn from— 

6 (1) all forms of entry, appropriation, or disposal 

7 under the public land laws; 

8 (2) location, entry, and patent under the mining 

9 laws; and 

10 (3) operation of the mineral leasing, mineral 

11 materials, and geothermal leasing laws. 

12 (d) DEVELOPMENT RESTRICTIONS.—After the date 

13 of enactment of this Act, no developed campground, road, 

14 or trail may be constructed in the protection area. 

15 (e) TIMBER HARVESTING.— 

16 (1) IN GENERAL.—Except as provided in para17 graph (2), timber harvesting shall not be permitted 

18 within the protection area. 

19 (2) MAINTENANCE OF PROTECTION AREA.— 

20 Timber harvesting may be permitted in the protec21 tion area to the extent allowed under section 4(d)(1) 

22 of the Wilderness Act (16 U.S.C. 1133(d)(1)) for 

23 purposes relating to the necessary control of fire, in24 sects, and diseases, and for public safety. 

25 (f) SNOWMOBILES.— 


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1 (1) IN GENERAL.—Subject to paragraph (2), 

2 the use of snowmobiles shall be permitted within the 

3 protection area only— 

4 (A) on designated trails and routes in ex5 istence as of July 16, 2009; 

6 (B) during periods of adequate snow cover, 

7 as determined by the forest plan in effect as of 

8 the date of enactment of this Act. 

9 (2) RESOURCE PROTECTION OR PUBLIC SAFE10 TY.—Nothing in this subsection precludes the Sec11 retary concerned from closing any trail or route 

12 from use for the purposes of resource protection or 

13 public safety. 

14 (3) MECHANIZED, NONMOTORIZED VEHICLES.— 

15 The use of mechanized, nonmotorized vehicles shall 

16 be permitted within the protection area. 

17 (4) LAND-BASED MOTORIZED VEHICLES.—The 

18 use of land-based motorized vehicles shall be prohib19 ited within the protection area. 

20 (g) MANAGEMENT PLAN.— 

21 (1) IN GENERAL.—The Secretary concerned 

22 shall include a management plan for the protection 

23 area in the first revision of the forest plan of the 

24 Beaverhead-Deerlodge National Forest that is carVerDate Nov 24 2008 02:11 Jul 21, 2009 Jkt 079200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\S1470.IS S1470

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1 ried out by the Secretary concerned after the date 

2 of enactment of this Act. 

3 (2) REQUIREMENT FOR PUBLIC COMMENT.—In 

4 developing a management plan for the protection 

5 area under paragraph (1), the Secretary concerned 

6 shall provide public notice and an opportunity for 

7 comment. 

8 SEC. 206. WEST BIG HOLE NATIONAL RECREATION AREA. 

9 (a) PURPOSE.—The purpose of this section is to des10 ignate the West Big Hole National Recreation Area— 

11 (1) to ensure the preservation and protection of 

12 the natural, scenic, historic, pastoral, and fish and 

13 wildlife values of the National Recreation Area; and 

14 (2) to provide for the enhancement of the rec15 reational values of the National Recreation Area. 

16 (b) DEFINITIONS.—In this section: 

17 (1) MAP.—The term ‘‘map’’ means the map en18 titled ‘‘West Big Hole Proposed Wilderness’’ and 

19 dated July 16, 2009. 

20 (2) NATIONAL RECREATION AREA.—The term 

21 ‘‘National Recreation Area’’ means the West Big 

22 Hole National Recreation Area that is— 

23 (A) comprised of certain land that is— 

24 (i) located in the Beaverhead25 Deerlodge National Forest; 


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1 (ii) comprised of approximately 

2 94,237 acres; and 

3 (iii) generally depicted on the map; 

4 and 

5 (B) designated by subsection (c). 

6 (c) DESIGNATION.—Each parcel of land depicted on 

7 the map is designated as the National Recreation Area. 

8 (d) ADMINISTRATION.— 

9 (1) IN GENERAL.—The Secretary concerned 

10 shall administer the National Recreation Area— 

11 (A) in accordance with any laws (including 

12 regulations) relating to the National Forest 

13 System; and 

14 (B) in a manner to ensure most effec15 tively— 

16 (i) the protection and conservation of 

17 fish and wildlife located in the National 

18 Recreation Area; 

19 (ii) the conservation and development 

20 of scenic, natural historic, pastoral, and 

21 other values that— 

22 (I) contribute to, and are avail23 able for, public recreation; and 


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1 (II) represent the economic and 

2 social history of the American West; 

3 and 

4 (iii) the proper management, utiliza5 tion, and disposal of natural resources lo6 cated in the National Recreation Area (in7 cluding timber, grazing, and mineral re8 sources) to the extent that the use of the 

9 resources would not substantially impair 

10 the purposes of the National Recreation 

11 Area. 

12 (2) ACQUISITION AUTHORITY.— 

13 (A) IN GENERAL.—Subject to subpara14 graph (B), in accordance with applicable laws 

15 (including regulations), the Secretary concerned 

16 may acquire from willing sellers, or through a 

17 voluntary donation or exchange, any land or in18 terest in land (including any mineral interest or 

19 scenic easement) that is located in the National 

20 Recreation Area that the Secretary concerned 

21 determines is necessary to carry out this sec22 tion. 

23 (B) LIMITATION.—No land or interest in 

24 land may be acquired by the Secretary conVerDate Nov 24 2008 02:11 Jul 21, 2009 Jkt 079200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\S1470.IS S1470

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1 cerned under subparagraph (A) through con2 demnation. 

3 (3) HUNTING; FISHING.—The Secretary con4 cerned shall allow individuals to hunt, trap, and fish 

5 within the National Recreation Area in accordance 

6 with each applicable law (including regulations) of— 

7 (A) the Federal Government; and 

8 (B) the State. 

9 (4) GRAZING.—The grazing of livestock in the 

10 National Recreation Area, if authorized before the 

11 date of enactment of this Act, shall be permitted to 

12 continue in accordance with— 

13 (A) section 4(d)(4) of the Wilderness Act 

14 (16 U.S.C. 1133(d)(4)); and 

15 (B) the guidelines set forth in Appendix A 

16 of House Report 101–405. 

17 (e) OFF-ROAD RECREATION.— 

18 (1) IN GENERAL.—Subject to any forest plan or 

19 travel management plan, except for administrative 

20 purposes or to respond to an emergency, motorized 

21 travel shall be permitted within the National Recre22 ation Area only on approved, designated trails and 

23 routes. 


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1 (2) MECHANIZED, NONMOTORIZED VEHICLES.— 

2 The use of mechanized, nonmotorized vehicles shall 

3 be permitted within the National Recreation Area. 

4 (f) AVAILABILITY OF MAP.—The map shall be filed 

5 and made available for public inspection in the appropriate 

6 office of the Secretary concerned. 

7 SEC. 207. WEST PIONEERS RECREATION MANAGEMENT 

8 AREA. 

9 (a) DEFINITIONS.—In this section: 

10 (1) MAP.—The term ‘‘map’’ means the map en11 titled ‘‘West Pioneers Proposed Wilderness’’ and 

12 dated July 16, 2009. 

13 (2) RECREATION MANAGEMENT AREA.—The 

14 term ‘‘recreation management area’’ means the West 

15 Pioneers Recreation Management Area that is— 

16 (A) comprised of certain land in the Bea17 verhead-Deerlodge National Forest that is— 

18 (i) comprised of approximately 

19 129,252 acres; and 

20 (ii) generally depicted on the map; 

21 and 

22 (B) established by subsection (b). 

23 (b) ESTABLISHMENT.—To conserve, protect, and en24 hance the scenic, wildlife, recreational, and other natural 

25 resource values of the West Pioneers area of the State, 


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1 there is established the West Pioneers Recreation Manage2 ment Area. 

3 (c) ADMINISTRATION.— 

4 (1) IN GENERAL.—The Secretary concerned 

5 shall administer the recreation management area in 

6 accordance with this section and any laws (including 

7 regulations) relating to the National Forest System. 

8 (2) GRAZING.—Nothing in this section pro9 hibits, or affects the administration of, the grazing 

10 of livestock on land within the boundaries of the 

11 recreation management area. 

12 (d) WITHDRAWAL.—Subject to valid existing rights, 

13 the recreation management area is withdrawn from— 

14 (1) all forms of entry, appropriation, or disposal 

15 under the public land laws; 

16 (2) location, entry, and patent under the mining 

17 laws; and 

18 (3) operation of the mineral leasing, mineral 

19 materials, and geothermal leasing laws. 

20 (e) TIMBER HARVESTING.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (2), timber harvesting shall not be permitted 

23 within the recreation management area. 

24 (2) MAINTENANCE OF RECREATION MANAGE25 MENT AREA.—Timber harvesting may be permitted 


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1 in the recreation management area to the extent al2 lowed under section 4(d)(1) of the Wilderness Act 

3 (16 U.S.C. 1133(d)(1)) for purposes relating to the 

4 necessary control of fire, insects, and diseases, and 

5 for public safety. 

6 (f) DEVELOPMENT LIMITATIONS.—Effective on the 

7 date of enactment of this Act, no permanent campground, 

8 or road or trail, may be constructed in the recreation man9 agement area. 

10 (g) OFF-ROAD RECREATION.— 

11 (1) IN GENERAL.—Except for administrative 

12 purposes or to respond to an emergency, the use of 

13 mechanized and motorized travel shall be permitted 

14 within the recreation management area only on ap15 proved, designated trails and routes in existence as 

16 of the date of enactment of this Act. 

17 (2) MAP.—Not later than 1 year after the date 

18 of enactment of this Act, the Secretary concerned 

19 shall prepare and make available to the public a map 

20 that depicts each trail and route described in para21 graph (1). 

22 (3) EFFECT.—Nothing in this subsection pre23 cludes the Secretary concerned from closing from 

24 public use any trail or route described in paragraph 

25 (1)— 


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1 (A) to protect a natural resource; or 

2 (B) to help ensure public safety. 

3 SEC. 208. THUNDERBOLT CREEK RECREATION AREA. 

4 (a) DESIGNATION.—Certain Federal land located in 

5 the Beaverhead-Deerlodge National Forest, comprising 

6 approximately 22,037 acres, as generally depicted on the 

7 map entitled ‘‘Electric Peak Proposed Wilderness’’ and 

8 dated July 16, 2009, is designated as the ‘‘Thunderbolt 

9 Creek Recreation Area’’. 

10 (b) ADMINISTRATION.—The Secretary concerned 

11 shall administer the recreation area in accordance with 

12 this section and any laws (including regulations) relating 

13 to the National Forest System. 

14 (c) WITHDRAWAL.—Subject to valid existing rights, 

15 the Federal land designated as the recreation area is with16 drawn from— 

17 (1) all forms of entry, appropriation, or disposal 

18 under the public land laws; 

19 (2) location, entry, and patent under the mining 

20 laws; and 

21 (3) operation of the mineral leasing, mineral 

22 materials, and geothermal leasing laws. 

23 (d) DEVELOPMENT RESTRICTIONS.—Effective on or 

24 after the date of enactment of this Act, no developed 


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1 campground or road may be constructed in the recreation 

2 area. 

3 (e) TIMBER HARVESTING.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (2), timber harvesting shall not be permitted 

6 within the recreation area. 

7 (2) MAINTENANCE OF RECREATION AREA.— 

8 Timber harvesting may be permitted in the recre9 ation area to the extent allowed under section 

10 4(d)(1) of the Wilderness Act (16 U.S.C. 

11 1133(d)(1)) for purposes relating to the necessary 

12 control of fire, insects, and diseases, and for public 

13 safety. 

14 (f) VEHICLES.— 

15 (1) MOTORIZED VEHICLES.— 

16 (A) IN GENERAL.—Except as provided in 

17 subparagraph (B), motorized travel shall be 

18 permitted within the recreation area only on 

19 those established trails and routes existing as of 

20 the date of enactment of this Act, on which mo21 torized travel was permitted as of that date. 

22 (B) OTHER TRAILS AND ROUTES.—Other 

23 trails and routes may be used when necessary 

24 for administrative purposes or to respond to an 

25 emergency. 


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1 (C) IDENTIFICATION AND MAP.—Not later 

2 than 1 year after the date of enactment of this 

3 Act, the Secretary concerned shall— 

4 (i) identify routes and trails described 

5 in subparagraph (A); and 

6 (ii) prepare and make available to the 

7 public a map showing the routes and trails. 

8 (D) RESOURCE PROTECTION OR PUBLIC

9 SAFETY.—Nothing in this subsection precludes 

10 the Secretary concerned from closing any trail 

11 or route from use for the purposes of resource 

12 protection or public safety. 

13 (2) MECHANIZED, NONMOTORIZED VEHICLES.— 

14 The use of mechanized, nonmotorized vehicles shall 

15 be permitted within the recreation area. 

16 (g) MANAGEMENT PLAN.— 

17 (1) IN GENERAL.—The Secretary concerned 

18 shall include a management plan for the recreation 

19 area in the first revision of the forest plan of the 

20 Beaverhead-Deerlodge National Forest that is car21 ried out by the Secretary concerned after the date 

22 of enactment of this Act. 

23 (2) REQUIREMENT FOR PUBLIC COMMENT.—In 

24 developing a management plan for the recreation 

25 area under paragraph (1), the Secretary concerned 


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1 shall provide public notice and an opportunity for 

2 comment. 

3 SEC. 209. THREE RIVERS SPECIAL MANAGEMENT AREA. 

4 (a) DEFINITIONS.—In this section: 

5 (1) MAP.—The term ‘‘map’’ means the map en6 titled ‘‘Three Rivers Special Management Area and 

7 Roderick Wilderness’’ and dated July 16, 2009. 

8 (2) SPECIAL MANAGEMENT AREA.—The term 

9 ‘‘special management area’’ means the Three Rivers 

10 Special Management Area that is— 

11 (A) comprised of certain land in the 

12 Kootenai National Forest that is— 

13 (i) comprised of approximately 74,274 

14 acres; and 

15 (ii) generally depicted on the map; 

16 and 

17 (B) established by subsection (b). 

18 (b) ESTABLISHMENT.—To conserve, protect, and en19 hance the scenic, wildlife, recreational, backcountry herit20 age, and other natural resource values of the Three Rivers 

21 Management Area of the State, there is established the 

22 Three Rivers Special Management Area. 

23 (c) ADMINISTRATION.— 

24 (1) IN GENERAL.—The Secretary concerned 

25 shall administer the special management area in acVerDate Nov 24 2008 02:11 Jul 21, 2009 Jkt 079200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\S1470.IS S1470

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1 cordance with this section and any laws (including 

2 regulations) relating to the National Forest System. 

3 (2) GRAZING.—Nothing in this section pro4 hibits, or affects the administration of, the grazing 

5 of livestock on land within the boundaries of the spe6 cial management area. 

7 (d) WITHDRAWAL.—Subject to valid existing rights, 

8 the special management area is withdrawn from— 

9 (1) all forms of entry, appropriation, or disposal 

10 under the public land laws; 

11 (2) location, entry, and patent under the mining 

12 laws; and 

13 (3) operation of the mineral leasing, mineral 

14 materials, and geothermal leasing laws. 

15 (e) SNOWMOBILE RECREATION.— 

16 (1) IN GENERAL.—Except as provided in para17 graph (2), the use of snowmobiles shall be permitted 

18 within the special management area only in the 

19 areas designated as the ‘‘NW Peaks Snowmobile 

20 Area’’ and the ‘‘Mount Henry Snowmobile Area’’, as 

21 generally depicted on the map. 

22 (2) EFFECT.—Nothing in this subsection pre23 cludes the Secretary concerned from closing from 

24 public use any trail located in an area described in 

25 paragraph (1)— 


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1 (A) to protect a natural resource; or 

2 (B) to help ensure public safety. 

3 (f) TIMBER HARVESTING.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (2), timber harvesting shall not be permitted 

6 within the special management area. 

7 (2) MAINTENANCE OF SPECIAL MANAGEMENT

8 AREA.—Timber harvesting may be permitted in the 

9 special management area to the extent allowed under 

10 section 4(d)(1) of the Wilderness Act (16 U.S.C. 

11 1133(d)(1)) for purposes relating to the necessary 

12 control of fire, insects, and diseases, and for public 

13 safety. 

14 (g) DEVELOPMENT LIMITATION.—Effective on the 

15 date of enactment of this Act, no permanent campground 

16 may be constructed in the special management area. 

17 (h) OFF-ROAD RECREATION.— 

18 (1) IN GENERAL.—Except for administrative 

19 purposes or to respond to an emergency, the use of 

20 mechanized and motorized travel shall be prohibited 

21 within the special management area in the areas 

22 designated as ‘‘NW Peaks Backcountry’’, ‘‘Murphy 

23 Mountain Backcountry’’, ‘‘Mount Henry 

24 Backcountry’’, and ‘‘Roderick Backcountry’’, as gen25 erally depicted on the map. 


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1 (2) MAP.—Not later than 1 year after the date 

2 of enactment of this Act, the Secretary concerned 

3 shall prepare and make available to the public a map 

4 that depicts each area described in paragraph (1). 

5 (3) EFFECT.—Nothing in this subsection pre6 cludes the Secretary concerned from closing from 

7 public use any trail or route located in the special 

8 management area— 

9 (A) to protect a natural resource; or 

10 (B) to help ensure public safety. 

11 (i) HUNTING; FISHING.—The Secretary concerned 

12 shall allow individuals to hunt, trap, and fish within the 

13 special management area in accordance with each applica14 ble law (including regulations) of— 

15 (1) the Federal Government; and 

16 (2) the State. 

17 (j) GAME CARTS.—Nothing in this section prohibits 

18 the use of game carts in areas of the special management 

19 area allowed as of the date of enactment of this Act. 

20 (k) FIREWOOD.—The collection of firewood (includ21 ing the use of chainsaws) shall be allowed in certain areas 

22 within the special management area, as determined by the 

23 Secretary concerned in consultation with the resource ad24 visory committee. 

25 (l) ALL-TERRAIN VEHICLE STUDY.— 


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1 (1) IN GENERAL.—Not later than 1 year after 

2 the date of enactment of this Act, the Secretary con3 cerned shall study and report on— 

4 (A) the opportunities for expanded all-ter5 rain vehicles routes and trails across the Three 

6 Rivers District and adjacent areas on the 

7 Kootenai National Forest; 

8 (B) the interconnectedness of routes on 

9 private or State land; and 

10 (C) the opportunities for expanded access 

11 points to existing trails. 

12 (2) CONSULTATION.—The study shall be con13 ducted in consultation with— 

14 (A) the resource advisory committee for 

15 the Three Rivers District; 

16 (B) local collaborative land management 

17 organizations; 

18 (C) representatives from motorized user 

19 groups; and 

20 (D) any other interested party. 

21 SEC. 210. OTATSY RECREATION AREA. 

22 (a) DEFINITIONS.—In this section: 

23 (1) MAP.—The term ‘‘map’’ means the map en24 titled ‘‘Location of the Seeley Lake Wilderness AddiVerDate Nov 24 2008 02:11 Jul 21, 2009 Jkt 079200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\S1470.IS S1470

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1 tions and Otatsy National Recreation Area’’ and 

2 dated July 16, 2009. 

3 (2) RECREATION AREA.—The term ‘‘recreation 

4 area’’ means the Otatsy Recreation Area that is— 

5 (A) established by subsection (b)(1); 

6 (B) comprised of— 

7 (i) certain land located in the Seeley 

8 Lake Ranger District of the Lolo National 

9 Forest; and 

10 (ii) approximately 1,271 acres; and 

11 (C) generally depicted on the map. 

12 (b) RECREATION AREA.— 

13 (1) ESTABLISHMENT.—To conserve, protect, 

14 and enhance the scenic, wildlife, recreational, 

15 backcountry heritage, and other natural resource 

16 values of the Blackfoot watershed, there is estab17 lished the Otatsy Recreation Area. 

18 (2) ADMINISTRATION.— 

19 (A) IN GENERAL.—The Secretary con20 cerned shall administer the recreation area in 

21 accordance with this section and any laws (in22 cluding regulations) relating to the National 

23 Forest System. 

24 (B) AUTHORIZED USES.—The Secretary 

25 concerned shall only allow uses of the recreation 


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1 area that the Secretary concerned determines 

2 will further the purposes of the recreation area, 

3 as described in paragraph (1). 

4 (C) GRAZING.—Nothing in this subsection 

5 prohibits, or affects the administration of, the 

6 grazing of livestock on land within the bound7 aries of the recreation area. 

8 (3) SNOWMOBILE RECREATION.— 

9 (A) IN GENERAL.—Except as provided in 

10 subparagraph (B), and subject to any forest 

11 plan, the use of snowmobiles shall be permitted 

12 in areas located within the recreation area, as 

13 designated by the Secretary concerned in the 

14 map described in paragraph (7). 

15 (B) EFFECT.—Nothing in this subsection 

16 precludes the Secretary concerned from closing 

17 from public use any trail located in the recre18 ation area— 

19 (i) to protect a natural resource; 

20 (ii) to help ensure public safety; 

21 (iii) for administrative purposes; or 

22 (iv) to respond to an emergency. 

23 (4) MANAGEMENT PLAN.— 

24 (A) IN GENERAL.—Not later than 3 years 

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1 retary concerned shall prepare, and may peri2 odically amend, a comprehensive management 

3 plan for the recreation area. 

4 (B) REQUIREMENTS.—In preparing the 

5 management plan under subparagraph (A), the 

6 Secretary concerned shall— 

7 (i) design the management plan— 

8 (I) to fulfill the purposes of the 

9 recreation area; and 

10 (II) to ensure the sound manage11 ment and enforcement of the recre12 ation area; and 

13 (ii) carry out a public process to de14 velop the management plan to provide 

15 for— 

16 (I) adequate signage; 

17 (II) a public education program 

18 on allowable usage areas; and 

19 (III) a monitoring and enforce20 ment strategy. 

21 (5) ENFORCEMENT PRIORITY.—The Secretary 

22 concerned shall prioritize the conduct of enforcement 

23 activities in the recreation area— 

24 (A) to prohibit the degradation of the nat25 ural resources of the recreation area; and 


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1 (B) to prevent entry of motorized vehicles 

2 into adjacent wilderness areas and portions of 

3 public land that are closed to motorized vehi4 cles. 

5 (6) NOTICE OF OPEN ROUTES.—The Secretary 

6 concerned shall ensure that visitors to the recreation 

7 area have access to adequate notice relating to the 

8 open routes within the recreation area through— 

9 (A) the provision of appropriate signage 

10 within the recreation area; and 

11 (B) the distribution of maps, safety edu12 cation materials, and any other information 

13 that the Secretary concerned determines to be 

14 appropriate. 

15 (7) MAP.—Not later than 1 year after the date 

16 of enactment of this Act, the Secretary concerned 

17 shall prepare and make available to the public a map 

18 that depicts each area described in paragraph 

19 (3)(A). 

20 (8) WITHDRAWAL.—Subject to valid existing 

21 rights, the Federal land designated as the recreation 

22 area is withdrawn from— 

23 (A) all forms of entry, appropriation, or 

24 disposal under the public land laws; 


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1 (B) location, entry, and patent under the 

2 mining laws; and 

3 (C) disposition under all laws pertaining to 

4 mineral and geothermal leasing or mineral ma5 terials. 

Æ 


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