II

103D CONGRESS

2D SESSION S. 2125

To provide for the designation of certain Federal lands in Montana as wilderness areas, to provide for multiple use and recovery of certain other

Federal lands in Montana, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 18 (legislative day, MAY 16), 1994

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

to the Committee on Energy and Natural Resources

A BILL

To provide for the designation of certain Federal lands in

Montana as wilderness areas, to provide for multiple

use and recovery of certain other Federal lands in Montana, 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.

4 This Act may be cited as the ‘‘Montana Jobs Security

5 and Land Protection Act of 1994’’.

6 SEC. 2. FINDINGS AND PURPOSE.

7 (a) FINDINGS.—Congress makes the following find8 ings:
2

•S 2125 IS

1 (1) Like all lands in the American West, the

2 present state of the lands of Montana results from

3 a series of geological, hydrological, meteorological,

4 and biological cycles. The forces of nature expressed

5 through such cycles have produced a vast resource

6 of raw materials enabling mankind to utilize and re7 tain physical assets in a manner that creates the

8 American standard of living, a standard of living un9 surpassed in the world today.

10 (2) The agencies of the Federal Government

11 having responsibility for management of Federal

12 lands have developed and continue to update plans

13 for the management of Federal lands which are in

14 compliance with Federal environmental laws. Such

15 agencies have studied and determined the capacity

16 of such lands for multiple-use purposes.

17 (3) There are 16,806,126 acres of National

18 Forest land within the State of Montana, and of this

19 acreage 3,371,770 acres are designated as wilder20 ness areas. In addition, there are 8,077,253 acres of

21 land under the jurisdiction of the Bureau of Land

22 Management within the State of Montana, and of

23 this acreage 6,000 acres are designated as wilder24 ness areas.
3

•S 2125 IS

1 (4) Every area of the State of Montana pos2 sesses natural resources having commercial or rec3 reational value or an undeveloped status.

4 (5) As with all of the lands of the United

5 States, the lands of the State of Montana contrib6 utes to the diversity and productivity of the United

7 States for the enduring benefit of all people.

8 (6) As the next century approaches for the peo9 ple of the State of Montana, natural resource indus10 tries (including the timber, mining, oil and gas, agri11 culture, and recreation industries) will continue to

12 support local communities and governments in the

13 State. These industries must be allowed to prosper

14 as the next century approaches.

15 (7) The timber industry has played an impor16 tant part in the economy of the State of Montana.

17 The industry accounts for 10 to 15 percent of the

18 economy of the State and is responsible for the ex19 istence of 15,000 to 20,000 jobs in the State. With

20 few exceptions, 25 percent of all receipts received

21 from National Forest System lands during any fiscal

22 year are paid to States in which such lands are lo23 cated. Such funds benefit public schools and public

24 roads. Counties in the State of Montana received

25 $13,854,903 from such receipts in fiscal year 1993.
4

•S 2125 IS

1 (8) The Forest Service National Minerals Pol2 icy provides that the Forest Service should encour3 age and facilitate the orderly exploration, develop4 ment, and production of mineral resources within

5 the National Forest System in order to maintain a

6 viable and healthy minerals industry and to promote

7 self-sufficiency in the mineral resources necessary

8 for economic growth and the National defense. In

9 the State of Montana, mines and mine-processing fa10 cilities employ approximately 4,500 people and such

11 mines and facilities contribute more than

12 $500,000,000 each year to the economy of the State.

13 Mines in the State pay approximately $15,000,000

14 in severance taxes and $9,000,000 in property taxes

15 to local governments in the State each year.

16 (9) A potential for oil and gas production exists

17 in each of the counties of the State of Montana. Oil

18 and gas production occurs in 32 of the 56 counties

19 in the State. In 1991, there were 5,950 producing

20 wells and 7,719 employees supported by the oil and

21 gas industry. While half of the oil consumed in the

22 United States is imported, the number of seismic ex23 ploration activities in the State has decreased to 2.

24 The total number of wells drilled annually in the

25 State dropped from 816 in 1982 to 256 in 1991.
5

•S 2125 IS

1 Over the same period, crude oil revenues in the

2 State dropped from $966,281,000 to $355,750,000.

3 (10) According to the United States Forest

4 Service, 3,465,900 visitor days were spent on mecha5 nized travel in the State of Montana in 1992. Off6 highway motorcycle use in the State in 1992 was

7 valued at $45,059,000. Motorcycles and all-terrain

8 vehicles in the State used 30,200 gallons of gas in

9 1990. In 1987 and 1988, snowmobile operators who

10 were not residents of the State spent $15,300,000 in

11 the State, generating $3,500,000 in revenue for the

12 people of the State and creating 350 full-time or

13 part-time jobs.

14 (11) Many of the Federal lands in the State of

15 Montana are in dire need of proper management.

16 Research and applied technology demonstrate that

17 such lands require proper management in order to

18 preserve natural variability, enhance the productivity

19 of the flora and fauna, and provide for the continu20 ing availability of the material resources that are re21 quired for and valuable to society.

22 (b) PURPOSES.—The purposes of this Act are as fol23 lows:

24 (1) To designate certain Federal lands within

25 the State of Montana as multiple use lands, and as
6

•S 2125 IS

1 components of the National Wilderness Preservation

2 System in order to provide for the release, manage3 ment, and systematic preservation of the character

4 and uses of the land.

5 (2) To provide for management standards with

6 respect to such lands in order to—

7 (A) ensure the ecological health and pro8 ductivity of forest and range lands;

9 (B) ensure the reasonable development and

10 production of natural resources on such lands;

11 (C) stabilize and stimulate the economies

12 of localities on or near such lands; and

13 (D) maintain the qualities of the land.

14 SEC. 3. DEFINITIONS.

15 In this Act:

16 (1) The term ‘‘Federal lands’’ means any lands

17 under the jurisdiction of the Forest Service or under

18 the jurisdiction of the Bureau of Land Management.

19 (2) The term ‘‘Secretary’’ shall mean the Sec20 retary of Agriculture.
7

•S 2125 IS

1 TITLE I—WILDERNESS AREA

2 DESIGNATIONS

3 SEC. 101. DESIGNATION OF CERTAIN NATIONAL FOREST

4 SYSTEM LANDS AS WILDERNESS AREAS.

5 (a) DESIGNATION OF LANDS AS WILDERNESS

6 AREAS.—Subject to subsection (b), the following lands

7 within the National Forest System in the State of Mon8 tana are designated as components of the National Wilder9 ness Preservation System under the provisions of the Wil10 derness Act (16 U.S.C. 1131 et seq.):

11 (1) Certain lands in the Beaverhead, Bitterroot,

12 and Deerlodge National Forests, Montana, which

13 comprise approximately 20,000 acres, as generally

14 depicted on a map entitled ‘‘Anaconda-Pintler Wil15 derness Additions—Proposed (North Big Hole,

16 Storm Lake)’’, dated May 1994, and which are here17 by incorporated in and shall be deemed to be a part

18 of the Anaconda-Pintler Wilderness.

19 (2) Certain lands in the Beaverhead National

20 Forest, Montana, which comprise approximately

21 79,500 acres, as generally depicted on a map enti22 tled ‘‘East Pioneer Wilderness—Proposed’’, dated

23 May 1994, and which shall be known as the East

24 Pioneer Wilderness.
8

•S 2125 IS

1 (3) Certain lands in the Beaverhead National

2 Forest, Montana, which comprise approximately

3 55,000 acres, as generally depicted on a map enti4 tled ‘‘West Big Hole—Proposed’’, dated May 1994,

5 and which shall be known as the West Big Hole Wil6 derness.

7 (4) Certain lands in the Bitterroot National

8 Forest, Montana, which comprise approximately

9 10,240 acres, as generally depicted on a map enti10 tled ‘‘Stony Mountain Wilderness—Proposed’’, dated

11 May 1994, and which shall be known as the Stony

12 Mountain Wilderness.

13 (5) Certain lands in the Bitterroot and Lolo

14 National Forests, Montana, which comprise approxi15 mately 36,060 acres, as generally depicted on a map

16 entitled ‘‘Selway-Bitterroot Wilderness Additions—

17 Proposed’’, dated May 1994, and which are hereby

18 incorporated in and shall be deemed to be a part of

19 the Selway-Bitterroot Wilderness.

20 (6) Certain lands in the Custer National For21 est, Montana, which comprise approximately 4,900

22 acres, as generally depicted on a map entitled ‘‘Ab23 saroka-Beartooth Wilderness Additions—Proposed

24 (Mistic Lake, Timberline, and Stateline)’’, dated

25 May 1994, and which are hereby incorporated in
9

•S 2125 IS

1 and shall be deemed to be a part of the Absaroka2 Beartooth Wilderness.

3 (7) Certain lands in the Helena National For4 est, Montana, which comprise approximately 14,300

5 acres, as generally depicted on a map entitled

6 ‘‘Blackfoot Meadow/Electric Peak Wilderness—Pro7 posed’’, dated May 1994, and which shall be known

8 as the Electric Peak Wilderness.

9 (8) Certain lands in the Custer National For10 est, Montana, which comprise approximately 5,800

11 acres, as generally depicted on a map entitled

12 ‘‘Pryor Mountain-Lost Water Canyon Wilderness—

13 Proposed’’, dated May 1994, and which shall be

14 known as the Pryor Mountain-Lost Water Canyon

15 Wilderness.

16 (9) Certain lands in the Flathead, Lolo, and

17 Helena National Forests, Montana, which comprise

18 approximately 67,997 acres, as generally depicted on

19 a map entitled ‘‘Bob Marshall Additions—Proposed

20 (Slippery Bill, Limestone Cave, Clearwater/Monture,

21 Benchmark/Elk Creek, Renshaw)’’, dated May 1994,

22 and which are hereby incorporated in and shall be

23 deemed to be a part of the Bob Marshall Wilderness.

24 (10) Certain lands in the Flathead National

25 Forest, Montana, which comprise approximately
10

•S 2125 IS

1 63,000 acres, as generally depicted on a map enti2 tled ‘‘Jewell Basin-Swan Crest—Proposed’’, dated

3 May 1994, and which shall be known as the Jewell

4 Basin-Swan Crest Wilderness.

5 (11) Certain lands in the Gallatin National

6 Forest, which comprise approximately 8,960 acres,

7 as generally depicted on a map entitled ‘‘Lee

8 Metcalf/Cowboys Heaven Wilderness—Proposed’’,

9 dated May 1994, and which shall be known as the

10 Lee Metcalf/Cowboys Heaven Wilderness.

11 (12) Certain lands in the Gallatin National

12 Forest, which comprise approximately 20,720 acres,

13 as generally depicted on a map entitled ‘‘Earthquake

14 Wilderness—Proposed’’, dated May 1994, and which

15 shall be known as the Earthquake Wilderness.

16 (13) Certain lands in the Helena National For17 est, Montana, which comprise approximately 8,600

18 acres, as generally depicted on a map entitled

19 ‘‘Mount Baldy Wilderness—Proposed’’, dated May

20 1994, and which shall be known as the Mount Baldy

21 Wilderness.

22 (14) Certain lands in the Helena National For23 est, Montana, which comprise approximately 10,500

24 acres, as generally depicted on a map entitled

25 ‘‘Gates of the Mountain Wilderness Additions—Pro-
11

•S 2125 IS

1 posed’’, dated May 1994, and which are hereby in2 corporated in and shall be deemed to be part of the

3 Gates of the Mountain Wilderness.

4 (15) Certain lands in the Kootenai National

5 Forest, Montana, which comprise approximately

6 31,100 acres, as generally depicted on a map enti7 tled ‘‘Cabinet Mountains Wilderness Additions—

8 Proposed’’, dated May 1994, and which are hereby

9 incorporated in and shall be deemed to be a part of

10 the Cabinet Mountains Wilderness.

11 (16) Certain lands in the Kootenai National

12 Forest, Montana, which comprise approximately

13 46,000 acres, as generally depicted on a map enti14 tled ‘‘Scotchman Peaks Wilderness—Proposed’’,

15 dated May 1994, and which shall be known as the

16 Scotchman Peaks Wilderness.

17 (17) Certain lands in the Lolo National Forest,

18 Montana, which comprise approximately 39,000

19 acres, as generally depicted on a map entitled ‘‘Cube

20 Iron/Mount Silcox Wilderness—Proposed’’, dated

21 May 1994, and which shall be known as the Cube

22 Iron/Mount Silcox Wilderness.

23 (18) Certain lands in the Lolo National Forest,

24 Montana, which comprise approximately 46,080

25 acres, as generally depicted on a map entitled
12

•S 2125 IS

1 ‘‘Great Burn Wilderness—Proposed’’, dated May

2 1994, and which shall be known as the Great Burn

3 Wilderness.

4 (19) Certain lands in the Lolo National Forest,

5 Montana, which comprise approximately 56,900

6 acres, as generally depicted on a map entitled

7 ‘‘Quigg Peak Wilderness—Proposed’’, dated May

8 1994, and which shall be known as the Quigg Peak

9 Wilderness.

10 (20) Certain lands in the Gallatin National

11 Forest, Montana, which comprise approximately

12 5,720 acres, as generally depicted on a map entitled

13 ‘‘North Absaroka Wilderness Additions—Proposed

14 (Republic Mountain)’’, dated May 1994, and which

15 are hereby incorporated in and shall be deemed to

16 be a part of the Absaroka-Beartooth Wilderness.

17 (21) Certain lands in the Deerlodge National

18 Forest, Montana, which comprise approximately

19 16,000 acres, as generally depicted on a map enti20 tled ‘‘Flint Creek Range Wilderness—Proposed’’,

21 dated May 1994, and which shall be known as the

22 Flint Creek Range Wilderness.

23 (22) Certain lands in the Gallatin National

24 Forest, Montana, which comprise approximately

25 21,500 acres, as generally depicted on a map enti-
13

•S 2125 IS

1 tled ‘‘Sawtooth Mountain Wilderness—Proposed’’,

2 dated May 1994, and which shall be known as the

3 Sawtooth Mountain Wilderness.

4 (23) Certain lands in the Gallatin National

5 Forest, Montana, which comprise approximately

6 24,000 acres, as generally depicted on a map enti7 tled ‘‘Hyalite-Porcupine-Buffalo Wilderness—Pro8 posed’’, dated May 1994, and which shall be known

9 as the Hyalite-Porcupine-Buffalo Wilderness.

10 (24) Certain lands in the Lolo National Forest,

11 Montana, which comprise approximately 6,400 acres,

12 as generally depicted on a map entitled ‘‘Sheep

13 Mountain Wilderness—Proposed’’, dated May 1994,

14 and which shall be known as the Sheep Mountain

15 Wilderness.

16 (25) Certain lands in the Beaverhead National

17 Forest, Montana, which comprise approximately

18 37,120 acres, as generally depicted on a map entitle

19 ‘‘West Pioneer Wilderness—Proposed’’, dated May

20 1994, and which shall be known as the West Pioneer

21 Wilderness.

22 (b) ADMINISTRATION OF LANDS.—Subject to valid

23 existing rights, each of the lands designated as a wilder24 ness area by subsection (a) shall be administered by the

25 Secretary, through the Forest Services, as a component
14

•S 2125 IS

1 of the National Wilderness Preservation System in accord2 ance with the provisions of the Wilderness Act (16 U.S.C.

3 1131 et seq.). Any reference in such provisions to the ef4 fective date of the Wilderness Act shall, with respect to

5 such designated lands, be deemed to refer to the date of

6 enactment of this Act.

7 (c) DESCRIPTIONS OF PROPERTY.—The exact acre8 age and legal description of each of the lands designated

9 as a wilderness area by subsection (a) shall be determined

10 by a survey or such other means as the Secretary deter11 mines appropriate. The Secretary may correct clerical and

12 typographical errors in such descriptions.

13 (d) SUBMITTAL OF DESCRIPTIONS TO CONGRESS.

14 Not later than 90 days after the date of the enactment

15 of this Act, the Secretary shall submit to the Committee

16 on Energy and Natural Resources of the Senate and the

17 Committee on Natural Resources of the House of Rep18 resentatives a copy of the description (including an appro19 priate map or other boundary record) of each of the lands

20 designated as a wilderness area by subsection (a).

21 (e) PUBLIC AVAILABILITY OF DESCRIPTIONS.—Each

22 land description prepared under subsection (c) shall be on

23 file and available for public inspection in the following of24 fices:
15

•S 2125 IS

1 (1) The office of the Chief of the Forest Serv2 ice.

3 (2) The office of Regional Forester of the

4 Northern Region of the Forest Service.

5 (3) The office of the Director of the Bureau of

6 Land Management.

7 (4) The office of the State Director of Region

8 Three of the Bureau of Land Management.

9 SEC. 102. DESIGNATION OF CERTAIN BUREAU OF LAND

10 MANAGEMENT LANDS AS WILDERNESS

11 AREAS.

12 (a) DESIGNATION OF LANDS AS WILDERNESS

13 AREAS.—Subject to subsection (b), the following lands in

14 the State of Montana are designated as components of the

15 National Wilderness Preservation System under the provi16 sions of the Wilderness Act (16 U.S.C. 1131 et seq.):

17 (1) Certain lands in Granite County, Montana,

18 which comprise approximately 520 acres, as gen19 erally depicted on a map entitled ‘‘West Quigg Wil20 derness—Proposed,’’ dated May 1994, and which

21 shall be known as the West Quigg Wilderness.

22 (2) Certain lands in Lewis and Clark County,

23 Montana, which comprise approximately 8,960 acres,

24 as generally depicted on a map entitled ‘‘Sleeping

25 Giant/Gates of the Mountains Wilderness—Pro-
16

•S 2125 IS

1 posed,’’ dated May 1994, and which shall be known

2 as the Sleeping Giant/Gates of the Mountains Wil3 derness.

4 (3) Certain lands in Silver Bow County, Mon5 tana, which comprise approximately 8,791 acres, as

6 generally depicted on a map entitled ‘‘Humberg

7 Spires Wilderness—Proposed,’’ dated May 1994,

8 and which shall be known as the Humberg Spires

9 Wilderness.

10 (4) Certain lands in Beaverhead County, Mon11 tana, which comprise approximately 10,586 acres, as

12 generally depicted on a map entitled ‘‘Blacktail

13 Mountain Wilderness—Proposed,’’ dated May 1994,

14 and which shall be known as the Blacktail Mountain

15 Wilderness.

16 (5) Certain lands in Beaverhead County, Mon17 tana, which comprise approximately 610 acres, as

18 generally depicted on a map entitled ‘‘Farlin Ridge

19 Wilderness—Proposed,’’ dated May 1994, and which

20 shall be known as the Farlin Ridge Wilderness.

21 (6) Certain lands in Valley County, Montana,

22 which comprise approximately 13,730 acres, as gen23 erally depicted on a map entitled ‘‘Burnt Lodge Wil24 derness—Proposed,’’ dated May 1994, and which

25 shall be known as the Burnt Lodge Wilderness.
17

•S 2125 IS

1 (b) ADMINISTRATION OF LANDS.—Jurisdiction over

2 any lands designated as wilderness areas by subsection (a)

3 that are, as of the date of the enactment of this Act, ad4 ministered by the Bureau of Land Management is hereby

5 transferred to the Secretary. The Secretary, acting

6 through the Forest Service, shall administer such lands

7 as components of the National Wilderness Preservation

8 System in accordance with the provisions of the Wilder9 ness Act (16 U.S.C. 1131 et seq.). Any reference in such

10 provisions to the effective date of the Wilderness Act shall,

11 with respect to such designated lands, be deemed to refer

12 to the date of enactment of this Act.

13 (c) DESCRIPTIONS OF PROPERTY.—The exact acre14 age and legal description of each of the lands designated

15 as a wilderness area by subsection (a) shall be determined

16 by a survey or such other means as the Secretary deter17 mines appropriate. The Secretary may correct clerical and

18 typographical errors in such descriptions.

19 (d) SUBMITTAL OF DESCRIPTIONS TO CONGRESS.

20 Not later than 90 days after the date of the enactment

21 of this Act, the Secretary shall submit to the Committee

22 on Energy and Natural Resources of the Senate and the

23 Committee on Natural Resources of the House of Rep24 resentatives a copy of the description (including an appro-
18

•S 2125 IS

1 priate map or boundary record) of each of the lands des2 ignated as a wilderness area by subsection (a).

3 (e) PUBLIC AVAILABILITY OF DESCRIPTIONS.—Each

4 land description prepared under subsection (c) shall be on

5 file and available for public inspection in the following of6 fices:

7 (1) The office of the Chief of the Forest Serv8 ice.

9 (2) The office of Regional Forester of the

10 Northern Region of the Forest Service.

11 (3) The office of the Director of the Bureau of

12 Land Management.

13 (4) The office of the State Director of Region

14 Three of the Bureau of Land Management.

15 SEC. 103. BUFFER ZONES.

16 The designation of lands as wilderness areas in the

17 State of Montana under this Act may not be construed

18 or interpreted to require the creation of protective perim19 eters or buffer zones around each wilderness area. The

20 fact that nonwilderness activities or uses can be seen or

21 heard from areas within the wilderness area shall not, of

22 itself, preclude such activities or uses up to the boundary

23 of the wilderness area.
19

•S 2125 IS

1 SEC. 104. LIVESTOCK GRAZING ON DESIGNATED LANDS.

2 In administering the lands designated as wilderness

3 areas by section 101(a) or 102(a), the Secretary shall ad4 minister any permit or license for the grazing of livestock,

5 and any grazing allotment, on such lands that was issued

6 or established before the date of enactment of this Act

7 in accordance with the following:

8 (1) Clause (2) of section 4(d)(4) of the Wilder9 ness Act (16 U.S.C. 1133(d)(4)).

10 (2) Section 108 of Public Law 96–560 (16

11 U.S.C. 1133 note), relating to livestock grazing in

12 National Forest wilderness areas.

13 SEC. 105. FLOOD CONTROL AND WATER STORAGE.

14 Notwithstanding any provision of the Wilderness Act

15 (16 U.S.C. 1131 et seq.), the Secretary may install and

16 maintenance any hydrological, meteorological, or climato17 logical collection device, or facility ancillary thereto, that

18 the Secretary determines appropriate in order to provide

19 for flood warning, flood control, and water storage pur20 poses. The Secretary shall carry out activities under this

21 section by any means in utilization on or before the date

22 of the enactment of this Act.

23 SEC. 106. WHEELCHAIR ACCESS.

24 Notwithstanding any other provision of law, the Sec25 retary may permit the access to lands designated as wil-
20

•S 2125 IS

1 derness areas by sections 101(a) and 102(a) by persons

2 utilizing motorized or non-motorized wheelchairs.

3 SEC. 107. JURISDICTION OF STATE OF MONTANA OVER

4 FISH AND WILDLIFE.

5 This Act may not be construed or interpreted to af6 fect the jurisdiction or responsibilities of the State of Mon7 tana with respect to wildlife and fish in or on National

8 Forest System land in the State of Montana.

9 TITLE II—MULTIPLE-USE RE10 SOURCE RECOVERY LAND

11 DESIGNATIONS

12 SEC. 201. DESIGNATION OF CERTAIN FEDERAL LANDS AS

13 MULTIPLE USE AND RESOURCE RECOVERY

14 LANDS.

15 (a) DESIGNATION.—Except as provided in subsection

16 (b) and notwithstanding any other provision of law, all

17 Federal lands in the State of Montana (including areas

18 designated as study areas by the Montana Wilderness

19 Study Act (16 U.S.C. 1132 note)) are hereby designated

20 as multiple-use resource recovery lands to be managed by

21 the Secretary in accordance with section 202.

22 (b) EXCLUDED LANDS.—Subsection (a) shall not

23 apply to the following Federal lands in the State of Mon24 tana:
21

•S 2125 IS

1 (1) Lands designated as wilderness areas by

2 section 101(a) or 102(a) of this Act.

3 (2) Lands designated as wilderness areas by

4 any other provision of law.

5 (3) Lands that are components of the National

6 Wild and Scenic Rivers System.

7 (4) Lands that are components of the National

8 Trails System.

9 (5) Any lands withdrawn from mineral entry or

10 timber production by any Federal law or executive

11 order.

12 (6) Any lands not reviewed for suitability as

13 wilderness during Second Roadless Area Review and

14 Evaluation Program (RARE II) conducted by the

15 Department of Agriculture.

16 (c) TERMINATION OF DESIGNATION.—Any land des17 ignated as multiple-use resource recovery land by sub18 section (a), or any portion of such land, shall cease to be

19 multiple-use resource recovery land under this section if—

20 (1) the designation of the land, or portion

21 thereof, as multiple-use resource recovery land is re22 voked by Act of Congress; or

23 (2) the land, or portion thereof, is withdrawn

24 pursuant to section 204 of the Federal Land Policy

25 and Management Act of 1976 (43 U.S.C. 1714).
22

•S 2125 IS

1 SEC. 202. MANAGEMENT OF MULTIPLE-USE RESOURCE RE2 COVERY LANDS.

3 (a) IN GENERAL.—The Secretary shall manage the

4 lands designated as multiple-use resource recovery lands

5 by section 201(a) in a manner that provides for a balance

6 of uses of such lands.

7 (b) MANAGEMENT PRINCIPLES.—(1) Subject to

8 paragraph (2), the Secretary shall manage multiple-use re9 source recovery lands designated by section 201(a) in ac10 cordance with the principles of multiple-use and sustained11 yield as such principles are set forth in the following:

12 (A) The Forest and Rangeland Renewable Re13 sources Planning Act of 1974 (16 U.S.C 1600 et

14 seq.).

15 (B) The Multiple-Use Sustained-Yield Act of

16 1960 (16 U.S.C. 528 et seq.).

17 (C) The Federal Land Management Policy Act

18 of 1976 (43 U.S.C. 1701 et seq.).

19 (2) In managing such lands, the Secretary shall em20 phasize the uses that are not allowed or available on lands

21 designated as wilderness areas or on lands withdrawn in

22 the manner referred to in section 201(c)(2).

23 SEC. 203. LAND AND RESOURCE MANAGEMENT PLANS FOR

24 DESIGNATED LANDS.

25 (a) REVISED PLANS.—Not later than 3 years after

26 the date of the enactment of this Act, the Secretary shall
23

•S 2125 IS

1 prepare amended or revised land and resource manage2 ment plans applicable to the lands designated as wilder3 ness areas by sections 101(a) and 102(a) and the lands

4 designated as multiple-use resource recovery lands by sec5 tion 201(a) in order to meet the requirements of this Act.

6 (b) INTERIM PLANS.—The lands referred to in sub7 section (a) shall be managed in accordance with provisions

8 of the land and resource management plans applicable to

9 such lands on the date of the enactment of this Act during

10 the period beginning on such date and ending on the date

11 that such amendments or revisions take effect.

12 (c) REQUIREMENT RELATING TO SUBSEQUENT PLAN

13 REVISIONS.—In preparing any subsequent amendment or

14 revision to a land and resource management plan that

15 takes effect after an amendment or revision to such plan

16 prepared under subsection (a), the Secretary shall con17 sider and discuss in the justification and environmental

18 analysis accompanying the subsequent amendment or revi19 sion any other land use or land management practice that,

20 in combination with the revised practice proposed under

21 the subsequent amendment or revision, would be appro22 priate to maintain a balance of uses of multiple-use re23 source recovery lands designated by section 201(a) and to

24 meet other outputs on such lands under the plan subject

25 to the subsequent amendment or revision.
24

•S 2125 IS

1 SEC. 204. MONITORING OF LAND USE IN ACCORDANCE

2 WITH LAND AND RESOURCE MANAGEMENT

3 PLANS.

4 (a) OUTPUT TARGETS.—Any land and resource man5 agement plan prepared under section 203 shall specify by

6 quantity the output required for each proposed use of a

7 land designated as a multiple-use resource recovery land

8 by section 201(a) in order to meet the requirements of

9 the land and resource management plan with respect to

10 that land. The plan shall specify such output for each year

11 covered by the plan and for the entire term of the plan.

12 (b) CERTIFICATION.—(1) The Secretary shall certify

13 to the committees referred to in paragraph (2), in writing,

14 that each action undertaken by the Secretary to carry out

15 a land and resource management plan contributes to, or

16 does not preclude, the achievement of the output targets

17 specified under subsection (a).

18 (2) The committees referred to in paragraph (1) are

19 the following:

20 (A) The Committee on Energy and Natural Re21 sources of the Senate.

22 (B) The Committee on Natural Resources of

23 the House of Representatives.

24 (c) MONITORING.—The Secretary shall monitor regu25 larly the outputs from the multiple-use resource recovery
25

•S 2125 IS

1 lands designated by section 201(a) in order to ensure

2 that—

3 (1) the output targets specified in the land and

4 resource management plans for such lands are being

5 met; and

6 (2) the implementation of the plans is consist7 ent with the plans.

8 (d) CORRECTIVE ACTIONS.—If the Secretary deter9 mines that output targets specified in a land and resource

10 management plan are not being met, the Secretary shall—

11 (1) direct that appropriate actions are under12 taken in order to ensure that such output targets

13 are met; or

14 (2) amend or revise the plan in order to specify

15 new output targets.

16 TITLE III—SPECIAL

17 MANAGEMENT AREAS

18 SEC. 301. DESIGNATION OF SPECIAL MANAGEMENT AREAS.

19 (a) DESIGNATION OF SPECIAL MANAGEMENT

20 AREAS.—Subject to subsection (b), for the purposes of

21 conserving, protecting, and enhancing the exceptional sce22 nic, fish and wildlife, biological, educational, and rec23 reational values of certain Federal lands in the State of

24 Montana, the following designations are made:
26

•S 2125 IS

1 (1) The Hyalite National Education and Recre2 ation Area located in the Gallatin National Forest,

3 Montana, comprising approximately 10,240 acres, as

4 generally depicted on a map entitled ‘‘Hyalite Na5 tional Recreation and Education Area—Proposed’’,

6 dated May 1994.

7 (2) The Northwest Peak National Recreation

8 and Scenic Area located in the Kootenai National

9 Forest, Montana, comprising approximately 16,700

10 acres, as generally depicted on a map entitled

11 ‘‘Northwest Peak National Recreation and Scenic

12 Area—Proposed’’, dated May 1994.

13 (3) The Buckhorn Ridge National Recreation

14 Area located in the Kootenai National Forest, Mon15 tana, comprising approximately 22,600 acres, as

16 generally depicted on a map entitled ‘‘Buckhorn

17 Ridge National Recreation Area—Proposed’’, dated

18 May 1994.

19 (4) The Ross Creek Cedars National Recreation

20 Area located in the Kootenai National Forest, Mon21 tana, comprising approximately 700 acres, as gen22 erally depicted on a map entitled ‘‘Ross Creek Ce23 dars National Recreation Area—Proposed’’, dated

24 May 1994.
27

•S 2125 IS

1 (5) The Sapphires National Recreation Area lo2 cated in the Deerlodge and Bitterroot National For3 ests, Montana, comprising approximately 94,000

4 acres, as generally depicted on a map entitled ‘‘Sap5 phires National Recreation Area—Proposed’’, dated

6 May 1994.

7 (6) The Ten Lakes National Recreation Area

8 located in the Kootenai National Forest, Montana,

9 comprising approximately 34,000 acres, as generally

10 depicted on a map entitled ‘‘Ten Lakes National

11 Recreation Area—Proposed’’, dated May 1994.

12 (7) The Middle Judith National Recreation

13 Area located in the Lewis and Clark National For14 est, Montana, comprising approximately 81,000

15 acres, as generally depicted on a map entitled ‘‘Mid16 dle Judith National Recreation Area—Proposed’’,

17 dated May 1994.

18 (8) The Big Snowies National Recreation Area

19 located in the Lewis and Clark National Forest,

20 Montana, comprising approximately 91,000 acres, as

21 generally depicted on a map entitled ‘‘Big Snowies

22 National Recreation Area—Proposed’’, dated May

23 1994.

24 (9) The Hyalite-Porcupine-Buffalo National

25 Recreation Area located in the Gallatin National
28

•S 2125 IS

1 Forest, comprising approximately 127,000 acres, as

2 generally depicted on a map entitled ‘‘Hyalite-Porcu3 pine-Buffalo National Recreation Area—Proposed’’,

4 dated May 1994.

5 (b) ADMINISTRATION OF LANDS.—(1) The Secretary

6 shall administer the areas designated by subsection (a) as

7 components of the National Forests wherein such areas

8 are located. In preparing land and resource management

9 plans for such National Forests in accordance with the

10 Forest and Rangeland Renewable Resources Planning Act

11 of 1974 (16 U.S.C. 1600 et seq.), the Secretary shall em12 phasize the achievement with respect to such areas of the

13 purposes for which the areas are designated.

14 (2) The activities that the Secretary may carry out

15 in the areas designated by subsection (a) shall include ac16 tivities relating to fire prevention or control, abatement

17 of insect infestation, or disease prevention or control.

18 (3)(A) Subject to such regulations as the Secretary

19 prescribes, the Secretary may—

20 (i) permit the removal of the nonleasable min21 erals from lands or interests in lands within the

22 areas designated by subsection (a) in the manner de23 scribed by section 10 of the Act of August 4, 1939

24 (43 U.S.C. 387); and
29

•S 2125 IS

1 (ii) permit the removal of leasable minerals

2 from lands or interests in lands within the recreation

3 areas in accordance with the mineral leasing laws of

4 the United States.

5 (B) The Secretary may permit removal of minerals

6 under subparagraph (A) from recreation areas designated

7 by subsection (a) only if the Secretary determines that

8 such removal would not have a significant adverse effect

9 on the administration of the recreation areas.

10 (4) The Secretary may permit the use of motorized

11 equipment in an area designated by subsection (a) if the

12 Secretary determines that the use is compatible with the

13 purposes for which an area is designated and with the law

14 and land and resource management plans that apply to

15 the area.

16 (c) LIVESTOCK GRAZING.—The Secretary shall per17 mit livestock grazing in an area designated by subsection

18 (a) if such grazing was permitted in the area before the

19 date of the enactment of this Act.

20 (d) CONSTRUCTION OF DESIGNATION.—This title

21 may not be construed or interpreted as effecting valid ex22 isting rights within the areas designated by subsection (a).

23 (e) DESCRIPTIONS OF PROPERTY.—The exact acre24 age and legal description of each area designated by sub25 section (a) shall be determined by a survey or such other
30

•S 2125 IS

1 means as the Secretary determines appropriate. The Sec2 retary may correct clerical and typographical errors in

3 such descriptions.

4 (f) SUBMITTAL OF DESCRIPTIONS TO CONGRESS.—

5 Not later than 90 days after the date of the enactment

6 of this Act, the Secretary shall submit to the Committee

7 on Energy and Natural Resources of the Senate and the

8 Committee on Natural Resources of the House of Rep9 resentatives a copy of the description (including an appro10 priate map or other boundary record) of each area des11 ignated by subsection (a).

12 (g) PUBLIC AVAILABILITY OF DESCRIPTIONS.—Each

13 land description prepared under subsection (e) shall be on

14 file and available for public inspection in the following of15 fices:

16 (1) The office of the Chief of the Forest Serv17 ice.

18 (2) The office of the Region I Forester of the

19 Forest Service.

20 TITLE IV—WATER RIGHTS

21 SEC. 401. WATER RIGHTS ON DESIGNATED LANDS.

22 (a) PROHIBITION ON CREATION OF EXPRESS OR IM23 PLIED RESERVATION OF WATER.—This Act, and the Wil24 derness Act (16 U.S.C. 1131 et seq.), may not be con25 strued or interpreted to create an express or implied res-
31

•S 2125 IS

1 ervation of water or water rights in the name of the Unit2 ed States with respect to any lands or areas designated

3 by this Act.

4 (b) ACQUISITION OF WATER RIGHTS.—The Sec5 retary may acquire such water rights as the Secretary con6 siders appropriate to carry out the administrative respon7 sibilities of the Secretary on the lands and areas des8 ignated by this Act. The substantive and procedural re9 quirements of the laws of the State of Montana shall apply

10 to—

11 (1) any water rights acquired by the Secretary

12 under this section; and

13 (2) the allocation and administration of such

14 rights.

15 (c) EFFECT OF ACT ON EXISTING WATER RIGHTS

16 OF STATE OF MONTANA.—This Act may not be construed

17 or interpreted as a relinquishment or reduction of any

18 water rights which may have been reserved by the United

19 States in the State of Montana on or before the date of

20 the enactment of this Act. Any quantification of such

21 water rights shall be—

22 (1) established in accordance with the sub23 stantive and procedural laws of the State of Mon24 tana;
32

•S 2125 IS

1 (2) included in the general adjudication of

2 water rights of and within the State of Montana as

3 set forth under the law of the State of Montana; and

4 (3) only for the minimum amount of water nec5 essary for purposes associated with the administra6 tion of the lands and areas designated by this Act.

7 (d) EFFECT ON UTILIZATION OF WATER DIVERSION

8 STRUCTURES.—(1) This Act may not be construed or in9 terpreted to impair in any manner the utilization of water

10 diversion structures or facilities located within any lands

11 or areas designated by this Act.

12 (2)(A) Subject to such regulations as the Secretary

13 shall prescribe, the owner or operator of any canal, ditch,

14 reservoir, headgate, flume, or other water diversion or car15 riage facility may have access to the facility in order to

16 maintain, repair, or replace the facility.

17 (B) The regulations prescribed by the Secretary

18 under this paragraph—

19 (i) shall not impair the right to divert or utilize

20 quantities of water which may be established under

21 the laws of the State of Montana;

22 (ii) shall not affect in any manner the ability of

23 the State of Montana to administer waters within

24 lands and areas designated by this Act; and
33

•S 2125 IS

1 (iii) shall not impair the reasonable use and

2 maintenance of water diversion, storage, or carriage

3 facilities located within lands or areas designated by

4 this Act.

5 TITLE V—PROTECTION OF

6 PRIVATE PROPERTY

7 SEC. 501. PROTECTION OF PRIVATE PROPERTY.

8 (a) STATEMENT OF PRINCIPLE.—Our democracy was

9 founded on the principles of ownership, use and control

10 of private property. These principles are embodied in the

11 fifth amendment to the Constitution prohibiting the tak12 ing of private property without payment of just compensa13 tion.

14 (b) PROTECTION OF PROPERTY.—In carrying out the

15 provisions of this Act, the Secretary shall—

16 (1) comply with applicable State laws, including

17 laws relating to private property rights and privacy;

18 and

19 (2) administer the Act in a manner consistent

20 with the constitutional rights and other legal rights

21 of private property owners.
34

•S 2125 IS

1 TITLE VI—BADGER-TWO

2 MEDICINE AREA

3 SEC. 601. ADMINISTRATION OF BADGER-TWO MEDICINE

4 AREA.

5 (a) IN GENERAL.—Notwithstanding any other provi6 sion of law, the Secretary shall administer the lands re7 ferred to in subsection (b) for nonwilderness, multiple-use

8 purposes.

9 (b) COVERED LANDS.—(1) Except as provided in

10 paragraph (2), the lands referred to in subsection (a) are

11 certain lands in the Lewis and Clark National Forest,

12 Montana, which comprise approximately 102,100 acres

13 and are known as Badger-Two Medicine Area.

14 (2) The lands referred to in paragraph (1) shall not

15 include any areas otherwise located in such lands that are

16 designated by the Blackfeet Tribal Council as having spe17 cific cultural or religious significance.

18 (c) ADMINISTRATION OF AREAS OF SPECIFIC SIG19 NIFICANCE.—The Blackfeet Tribal Council shall, in con20 sultation with the National Forest System unit of the For21 est Service having jurisdiction over the areas referred to

22 in subsection (b), establish rules and regulations for the

23 administration of the areas referred to in subsection

24 (b)(2).
35

•S 2125 IS

Æ

S 2125 IS——2