II 

116TH CONGRESS 

1ST SESSION S. 1765 

To sustain economic development and recreational use of National Forest 

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

Wilderness Preservation System, to designate new areas for recreation, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 10, 2019 

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

to the Committee on Energy and Natural Resources 

A BILL 

To sustain economic development and recreational use of 

National Forest System land in the State of Montana, 

to add certain land to the National Wilderness Preservation System, to designate new areas for recreation, and 

for other purposes. 

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 ‘‘Blackfoot Clearwater Stewardship Act’’. 

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

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—FOREST RESTORATION 

Sec. 101. Landscape assessment. 

Sec. 102. Environmental review of collaboratively developed restoration 

projects. 

TITLE II—RECREATION 

Sec. 201. Otatsy Recreation Management Area. 

Sec. 202. Spread Mountain Recreation Area. 

Sec. 203. Trail-based recreation. 

TITLE III—CONSERVATION 

Sec. 301. Designation of wilderness areas. 

Sec. 302. Administration of wilderness areas. 

Sec. 303. Maps and legal descriptions. 

TITLE IV—EFFECT 

Sec. 401. Protection of Tribal treaty rights. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) DISTRICT.—The term ‘‘District’’ means the 

4 Seeley Lake Ranger District of the Lolo National 

5 Forest. 

6 (2) MAP.—The term ‘‘Map’’ means the map en7 titled ‘‘Bob Marshall, Mission Mountains, Spread 

8 Mountain, and Scapegoat Wilderness Additions and 

9 Otatsy Recreation Management Area’’ and dated 

10 February 22, 2017. 

11 (3) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of Agriculture. 

13 (4) STATE.—The term ‘‘State’’ means the State 

14 of Montana. 


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1 TITLE I—FOREST RESTORATION 

2 SEC. 101. LANDSCAPE ASSESSMENT. 

3 (a) LANDSCAPE ASSESSMENT.—Not later than 3 

4 years after the date of enactment of this Act, the Sec5 retary, in collaboration with interested parties, shall com6 plete a landscape assessment of the District. 

7 (b) REQUIRED COMPONENTS.—The landscape as8 sessment under subsection (a) shall— 

9 (1) assess the ecological condition of forests and 

10 watersheds within the District; and 

11 (2) identify restoration actions needed to facili12 tate ecosystem sustainability, resilience, and health 

13 by assisting in the recovery of forest ecosystems 

14 within the District. 

15 (c) USE OF EXISTING ASSESSMENTS.—The Sec16 retary may fulfill the requirement under subsection (a) 

17 through the use of any landscape assessment being carried 

18 out as of the date of enactment of this Act that contains 

19 the components required under subsection (b). 

20 (d) RESTORATION SCHEDULE.—As soon as prac21 ticable after the completion of the landscape assessment 

22 under subsection (a), the Secretary, in collaboration with 

23 interested parties, shall develop for the District a 10-year 

24 schedule of restoration projects. 


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1 SEC. 102. ENVIRONMENTAL REVIEW OF COLLABORATIVELY 

2 DEVELOPED RESTORATION PROJECTS. 

3 (a) DEFINITION OF COLLABORATIVELY DEVELOPED

4 RESTORATION PROJECT.—In this section, the term ‘‘col5 laboratively developed restoration project’’ means an activ6 ity or set of activities that fulfills the eligibility require7 ments of the Collaborative Forest Landscape Restoration 

8 Program under section 4003(b) of Public Law 111–11 (16 

9 U.S.C. 7303(b)). 

10 (b) ENVIRONMENTAL REVIEW.—A collaboratively de11 veloped restoration project within the District may be car12 ried out in accordance with the provisions applicable to 

13 hazardous fuel reduction projects under sections 104, 105, 

14 and 106 of the Healthy Forests Restoration Act of 2003 

15 (16 U.S.C. 6514–6516). 

16 (c) OBJECTOR MEETING.—In accordance with sec17 tion 218.11 of title 36, Code of Federal Regulations (as 

18 in effect on the date of enactment of this Act), the Sec19 retary may request a meeting with an objector to any col20 laboratively developed restoration project within the Dis21 trict. 

22 TITLE II—RECREATION 

23 SEC. 201. OTATSY RECREATION MANAGEMENT AREA. 

24 (a) ESTABLISHMENT.—Subject to valid existing 

25 rights, certain Federal land in the Lolo National Forest 

26 comprising approximately 2,013 acres, as generally deVerDate Sep 11 2014 20:36 Jun 11, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1765.IS S1765

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1 picted on the Map, is designated as the ‘‘Otatsy Recre2 ation Management Area’’ (referred to in this section as 

3 the ‘‘recreation management area’’). 

4 (b) MANAGEMENT.—The Secretary shall manage the 

5 recreation management area in accordance with— 

6 (1) this section, to conserve, protect, and en7 hance the scenic, fish and wildlife, recreational, 

8 backcountry heritage, and other natural resource 

9 values of the recreation management area; and 

10 (2) any laws (including regulations) relating to 

11 the National Forest System. 

12 (c) PROHIBITIONS.—Except as provided in sub13 sections (d) and (e), the following shall be prohibited on 

14 Federal land within the recreation management area: 

15 (1) Permanent roads. 

16 (2) Timber harvest. 

17 (3) Except as necessary to provide for snow18 mobile use, to meet the minimum requirements for 

19 the administration of the recreation management 

20 area, and to protect public health and safety— 

21 (A) the use of motorized and mechanized 

22 vehicles; and 

23 (B) the establishment of temporary roads. 

24 (d) USE OF SNOWMOBILES.—The use of snowmobiles 

25 shall be allowed within the recreation management area— 


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1 (1) between December 1 and April 1; 

2 (2) during periods of adequate snow cover, as 

3 determined by the Secretary; and 

4 (3) subject to such terms and conditions as the 

5 Secretary determines to be necessary. 

6 (e) WILDFIRE, INSECT, AND DISEASE MANAGE7 MENT.—In accordance with this section, the Secretary 

8 may carry out any measures in the recreation manage9 ment area that the Secretary determines to be necessary 

10 to control fire, insects, and diseases, including, as the Sec11 retary determines to be appropriate, the coordination of 

12 those activities with a State or local agency. 

13 (f) WITHDRAWAL.—Subject to valid existing rights, 

14 the recreation management area (including any Federal 

15 land acquired after the date of enactment of this Act for 

16 inclusion in the recreation management area) is with17 drawn from all forms of— 

18 (1) entry, appropriation, or disposal under the 

19 public land laws; 

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

21 laws; and 

22 (3) disposition under all laws pertaining to min23 eral and geothermal leasing or mineral materials. 


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1 SEC. 202. SPREAD MOUNTAIN RECREATION AREA. 

2 (a) ESTABLISHMENT.—Subject to valid existing 

3 rights, certain Federal land in the Lolo National Forest, 

4 comprising approximately 3,835 acres, as generally de5 picted on the Map, is designated as the ‘‘Spread Mountain 

6 Recreation Area’’ (referred to in this section as the ‘‘recre7 ation area’’). 

8 (b) MANAGEMENT.—The Secretary shall manage the 

9 recreation area in accordance with— 

10 (1) this section, to conserve, protect, and en11 hance the scenic, fish and wildlife, recreational, 

12 backcountry heritage, and other natural resource 

13 values of the recreation area; and 

14 (2) any laws (including regulations) relating to 

15 the National Forest System. 

16 (c) PROHIBITIONS.—Except as provided in subsection 

17 (e), the following shall be prohibited on the Federal land 

18 within the recreation area: 

19 (1) Permanent roads. 

20 (2) Timber harvest. 

21 (3) Except as necessary to meet the minimum 

22 requirements for the administration of the recreation 

23 area and to protect public health and safety— 

24 (A) the use of motorized vehicles; and 

25 (B) the establishment of temporary roads. 


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1 (d) MECHANIZED VEHICLES, PEDESTRIANS, AND

2 HORSE TRAVEL.—Nothing in this section prohibits— 

3 (1) the use of mechanized vehicles, access by 

4 pedestrians, or horse travel within the recreation 

5 area; or 

6 (2) the construction of trails for use by mecha7 nized vehicles, pedestrians, and horse travel within 

8 the recreation area. 

9 (e) WILDFIRE, INSECT, AND DISEASE MANAGE10 MENT.—In accordance with this section, the Secretary 

11 may take any measures in the recreation area that the 

12 Secretary determines to be necessary to control fire, in13 sects, and diseases, including, as the Secretary determines 

14 to be appropriate, the coordination of those activities with 

15 a State or local agency. 

16 (f) WITHDRAWAL.—Subject to valid existing rights, 

17 the recreation area (including any Federal land acquired 

18 after the date of enactment of this Act for inclusion in 

19 the recreation area) is withdrawn from all forms of— 

20 (1) entry, appropriation, or disposal under the 

21 public land laws; 

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

23 laws; and 

24 (3) disposition under all laws pertaining to min25 eral and geothermal leasing or mineral materials. 


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1 SEC. 203. TRAIL-BASED RECREATION. 

2 (a) DEFINITION OF COLLABORATIVELY DEVEL3 OPED.—In this section, the term ‘‘collaboratively devel4 oped’’ means a proposal that is developed and imple5 mented through a collaborative process that— 

6 (1) includes multiple interested persons rep7 resenting diverse interests; and 

8 (2) is transparent and nonexclusive. 

9 (b) EXPANDED TRAIL RECREATION OPPORTUNI10 TIES.— 

11 (1) IN GENERAL.—If a local collaborative group 

12 submits to the Secretary, by not later than 5 years 

13 after the date of enactment of this Act, a collabo14 ratively developed proposal to improve motorized and 

15 nonmotorized recreational trail opportunities within 

16 the District, the Secretary— 

17 (A) shall analyze the proposal in accord18 ance with the National Environmental Policy 

19 Act of 1969 (42 U.S.C. 4321 et seq.); and 

20 (B) subject to appropriations, and in ac21 cordance with subsection (d), may provide for 

22 the construction of any of the routes included 

23 in the proposal. 

24 (2) PRIORITY.—In completing the analysis re25 quired by paragraph (1)(A), in accordance with sub26 section (d), the Secretary shall give priority to exVerDate Sep 11 2014 20:36 Jun 11, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1765.IS S1765

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1 panding motorized and nonmotorized recreational 

2 trail opportunities within the District that are in the 

3 public interest. 

4 (3) DEADLINE.—The Secretary shall complete 

5 the analysis required by paragraph (1)(A) by not 

6 later than 3 years after the date on which the Sec7 retary receives the applicable collaboratively devel8 oped proposal. 

9 (c) USE OF VOLUNTEER SERVICES AND CONTRIBU10 TIONS.—The Secretary may accept volunteer services and 

11 contributions from non-Federal sources to construct and 

12 maintain recreational trails under this section. 

13 (d) COMPLIANCE.—In carrying out this section, the 

14 Secretary shall comply with— 

15 (1) each provision of law (including regulations) 

16 that is generally applicable to the National Forest 

17 System; and 

18 (2) this Act. 

19 (e) EFFECT OF SECTION.—Nothing in this section 

20 affects the ownership or management of, or any other 

21 right relating to, any non-Federal land (including any in22 terest in non-Federal land). 


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1 TITLE III—CONSERVATION 

2 SEC. 301. DESIGNATION OF WILDERNESS AREAS. 

3 In furtherance of the purposes of the Wilderness Act 

4 (16 U.S.C. 1131 et seq.), and subject to valid existing 

5 rights, the following areas in the State are designated as 

6 wilderness areas and as components of the National Wil7 derness Preservation System: 

8 (1) BOB MARSHALL WILDERNESS ADDITIONS.— 

9 Certain land in the Lolo National Forest, comprising 

10 approximately 39,422 acres generally depicted as the 

11 ‘‘North Fork Blackfoot-Monture Creek Addition 

12 (Bob Marshall Addition)’’ and approximately 7,784 

13 acres generally depicted as the ‘‘Grizzly Basin of the 

14 Swan Range Addition’’ on the Map, is incorporated 

15 in, and shall be considered to be a part of, the Bob 

16 Marshall Wilderness. 

17 (2) MISSION MOUNTAINS WILDERNESS ADDI18 TION.—Certain land in the Lolo National Forest, 

19 comprising approximately 4,462 acres generally de20 picted as the ‘‘West Fork Clearwater Addition’’ on 

21 the Map, is incorporated in, and shall be considered 

22 to be a part of, the Mission Mountains Wilderness 

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

24 (3) SCAPEGOAT WILDERNESS ADDITIONS.—Cer25 tain land in the Lolo National Forest, comprising 


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1 approximately 27,392 acres generally depicted as the 

2 ‘‘North Fork Blackfoot-Monture Creek Addition 

3 (Scapegoat Addition)’’ on the Map, is incorporated 

4 in, and shall be considered to be a part of, the 

5 Scapegoat Wilderness designated by Public Law 92– 

6 395 (86 Stat. 578). 

7 SEC. 302. ADMINISTRATION OF WILDERNESS AREAS. 

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

9 each wilderness addition designated by section 301 shall 

10 be administered by the Secretary in accordance with the 

11 Wilderness Act (16 U.S.C. 1131 et seq.), except that any 

12 reference in that Act to the effective date of the Act shall 

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

14 of this Act. 

15 (b) INCORPORATION OF ACQUIRED LAND AND IN16 TERESTS.—Any land within the boundary of a wilderness 

17 area designated by section 301 that is acquired by the 

18 United States shall— 

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

20 the land is located; 

21 (2) be withdrawn in accordance with subsection 

22 (c); and 

23 (3) be managed in accordance with this section, 

24 the Wilderness Act (16 U.S.C. 1131 et seq.), and 

25 any other applicable law. 


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

2 the Federal land designated as wilderness by section 301 

3 is withdrawn from all forms of— 

4 (1) entry, appropriation, or disposal under the 

5 public land laws; 

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

7 laws; and 

8 (3) disposition under all laws pertaining to min9 eral and geothermal leasing or mineral materials. 

10 (d) WILDFIRE, INSECT, AND DISEASE MANAGE11 MENT.—In accordance with section 4(d)(1) of the Wilder12 ness Act (16 U.S.C. 1133(d)(1)), the Secretary may carry 

13 out any measures in the wilderness additions designated 

14 by section 301 that the Secretary determines to be nec15 essary to control fire, insects, and diseases, including, as 

16 the Secretary determines to be appropriate, the coordina17 tion of those activities with a State or local agency. 

18 (e) ACCESS TO PRIVATE LAND.—In accordance with 

19 section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)), 

20 the Secretary shall provide to any owner of private land 

21 within the boundary of a wilderness addition designated 

22 by section 301 access to the private land. 

23 (f) FISH AND WILDLIFE.—Nothing in this title af24 fects the jurisdiction or responsibilities of the State with 


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1 respect to fish and wildlife, including the regulation of 

2 hunting, fishing, and trapping. 

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

4 in this title prevents the installation or maintenance of 

5 hydrological, meteorological, or climatological instrumen6 tation in a wilderness addition designated by section 301, 

7 if the Secretary determines that the installation or mainte8 nance of the instrumentation is necessary to advance the 

9 scientific, educational, or conservation purposes of the wil10 derness area. 

11 (h) LIVESTOCK.—The grazing of livestock in the wil12 derness additions established by section 301, if established 

13 before the date of enactment of this Act, shall be allowed 

14 to continue, subject to such reasonable regulations, poli15 cies, and practices as the Secretary determines to be nec16 essary, in accordance with— 

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

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

19 (2) the guidelines described in House Report 

20 96–617 to accompany H.R. 5487 of the 96th Con21 gress. 

22 (i) OUTFITTING AND GUIDE ACTIVITIES.— 

23 (1) IN GENERAL.—In accordance with section 

24 4(d)(5) of the Wilderness Act (16 U.S.C. 

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1 ized outfitting and guide activities) within the wil2 derness additions designated by section 301 may be 

3 authorized to the extent necessary for activities that 

4 fulfill the recreational or other wilderness purposes 

5 of the wilderness areas, in accordance with section 

6 1503(b)(6) of Public Law 111–11 (123 Stat. 1035). 

7 (2) EFFECT.—Nothing in this title requires the 

8 Secretary to modify any permit in effect as of the 

9 date of enactment of this Act to provide outfitting 

10 and guide services within the wilderness additions 

11 designated by section 301 on a determination by the 

12 Secretary that the activities are in compliance with 

13 section 4(d)(5) of the Wilderness Act (16 U.S.C. 

14 1133(d)(5)). 

15 (j) ADJACENT MANAGEMENT.— 

16 (1) IN GENERAL.—The designation of a wilder17 ness addition by section 301 shall not create any 

18 protective perimeter or buffer zone around the wil19 derness area. 

20 (2) NONWILDERNESS ACTIVITIES.—The fact 

21 that a nonwilderness activity or use can be seen or 

22 heard from an area within a wilderness addition des23 ignated by section 301 shall not preclude the con24 duct of the activity or use outside the boundary of 

25 the wilderness area. 


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1 SEC. 303. MAPS AND LEGAL DESCRIPTIONS. 

2 (a) IN GENERAL.—As soon as practicable after the 

3 date of enactment of this Act, the Secretary shall file a 

4 map and a legal description of— 

5 (1) the Otatsy Recreation Management Area es6 tablished by section 201(a); 

7 (2) the Spread Mountain Recreation Area es8 tablished by section 202(a); and 

9 (3) each wilderness addition designated by sec10 tion 301. 

11 (b) SUBMISSION.—The Secretary shall submit the 

12 maps and legal descriptions prepared under subsection (a) 

13 to— 

14 (1) the Committee on Energy and Natural Re15 sources of the Senate; and 

16 (2) the Committee on Natural Resources of the 

17 House of Representatives. 

18 (c) FORCE OF LAW.—The maps and legal descrip19 tions filed under subsection (b) shall have the same force 

20 and effect as if included in this title, except that the Sec21 retary may correct any typographical errors in the maps 

22 or legal descriptions. 

23 (d) PUBLIC AVAILABILITY.—Each map and legal de24 scription filed under subsection (b) shall be on file and 

25 available for public inspection in the appropriate offices 


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1 of the Forest Service and the Bureau of Land Manage2 ment. 

3 TITLE IV—EFFECT 

4 SEC. 401. PROTECTION OF TRIBAL TREATY RIGHTS. 

5 Nothing in this Act alters, modifies, enlarges, dimin6 ishes, or abrogates the treaty rights of any Indian Tribe. 

Æ 


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