II 

Calendar No. 404 

113TH CONGRESS 

2D SESSION S. 364 

[Report No. 113–177] 

To establish the Rocky Mountain Front Conservation Management Area, 

to designate certain Federal land as wilderness, and to improve the 

management of noxious weeds in the Lewis and Clark National Forest, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 14, 2013 

Mr. BAUCUS (for himself, Mr. TESTER, and Mr. WALSH) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

JUNE 2, 2014 

Reported by Ms. LANDRIEU, without amendment 

A BILL 

To establish the Rocky Mountain Front Conservation Management Area, to designate certain Federal land as wilderness, and to improve the management of noxious 

weeds in the Lewis and Clark National Forest, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Rocky Mountain Front 

3 Heritage Act of 2013’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) CONSERVATION MANAGEMENT AREA.—The 

7 term ‘‘Conservation Management Area’’ means the 

8 Rocky Mountain Front Conservation Management 

9 Area established by section 3(a)(1). 

10 (2) DECOMMISSION.—The term ‘‘decommis11 sion’’ means— 

12 (A) to reestablish vegetation on a road; 

13 and 

14 (B) to restore any natural drainage, water15 shed function, or other ecological processes that 

16 are disrupted or adversely impacted by the road 

17 by removing or hydrologically disconnecting the 

18 road prism. 

19 (3) DISTRICT.—The term ‘‘district’’ means the 

20 Rocky Mountain Ranger District of the Lewis and 

21 Clark National Forest. 

22 (4) MAP.—The term ‘‘map’’ means the map en23 titled ‘‘Rocky Mountain Front Heritage Act’’ and 

24 dated October 27, 2011. 


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1 (5) NONMOTORIZED RECREATION TRAIL.—The 

2 term ‘‘nonmotorized recreation trail’’ means a trail 

3 designed for hiking, bicycling, or equestrian use. 

4 (6) SECRETARY.—The term ‘‘Secretary’’ 

5 means— 

6 (A) with respect to land under the jurisdic7 tion of the Secretary of Agriculture, the Sec8 retary of Agriculture; and 

9 (B) with respect to land under the jurisdic10 tion of the Secretary of the Interior, the Sec11 retary of the Interior. 

12 (7) STATE.—The term ‘‘State’’ means the State 

13 of Montana. 

14 SEC. 3. ROCKY MOUNTAIN FRONT CONSERVATION MAN15 AGEMENT AREA. 

16 (a) ESTABLISHMENT.— 

17 (1) IN GENERAL.—There is established the 

18 Rocky Mountain Front Conservation Management 

19 Area in the State. 

20 (2) AREA INCLUDED.—The Conservation Man21 agement Area shall consist of approximately 195,073 

22 acres of Federal land managed by the Forest Service 

23 and 13,087 acres of Federal land managed by the 

24 Bureau of Land Management in the State, as gen25 erally depicted on the map. 


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1 (3) INCORPORATION OF ACQUIRED LAND AND

2 INTERESTS.—Any land or interest in land that is lo3 cated in the Conservation Management Area and is 

4 acquired by the United States from a willing seller 

5 shall— 

6 (A) become part of the Conservation Man7 agement Area; and 

8 (B) be managed in accordance with— 

9 (i) in the case of land managed by the 

10 Forest Service— 

11 (I) the Act of March 1, 1911 

12 (commonly known as the ‘‘Weeks 

13 Law’’) (16 U.S.C. 552 et seq.); and 

14 (II) any laws (including regula15 tions) applicable to the National For16 est System; 

17 (ii) in the case of land managed, by 

18 the Bureau of Land Management, the Fed19 eral Land Policy and Management Act of 

20 1976 (43 U.S.C. 1701 et seq.); 

21 (iii) this section; and 

22 (iv) any other applicable law (includ23 ing regulations). 

24 (b) PURPOSES.—The purposes of the Conservation 

25 Management Area are to conserve, protect, and enhance 


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1 for the benefit and enjoyment of present and future gen2 erations the recreational, scenic, historical, cultural, fish, 

3 wildlife, roadless, and ecological values of the Conservation 

4 Management Area. 

5 (c) MANAGEMENT.— 

6 (1) IN GENERAL.—The Secretary shall manage 

7 the Conservation Management Area— 

8 (A) in a manner that conserves, protects, 

9 and enhances the resources of the Conservation 

10 Management Area; and 

11 (B) in accordance with— 

12 (i) the laws (including regulations) 

13 and rules applicable to the National Forest 

14 System for land managed by the Forest 

15 Service; 

16 (ii) the Federal Land Policy and Man17 agement Act of 1976 (43 U.S.C. 1701 et 

18 seq.) for land managed by the Bureau of 

19 Land Management; 

20 (iii) this section; and 

21 (iv) any other applicable law (includ22 ing regulations). 

23 (2) USES.— 

24 (A) IN GENERAL.—The Secretary shall 

25 only allow such uses of the Conservation ManVerDate Mar 15 2010 00:08 Jun 03, 2014 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S364.RS S364

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1 agement Area that the Secretary determines 

2 would further the purposes described in sub3 section (b). 

4 (B) MOTORIZED VEHICLES.— 

5 (i) IN GENERAL.—The use of motor6 ized vehicles in the Conservation Manage7 ment Area shall be permitted only on exist8 ing roads, trails, and areas designated for 

9 use by such vehicles as of the date of en10 actment of this Act. 

11 (ii) NEW OR TEMPORARY ROADS.— 

12 Except as provided in clause (iii), no new 

13 or temporary roads shall be constructed 

14 within the Conservation Management Area. 

15 (iii) EXCEPTIONS.—Nothing in clause 

16 (i) or (ii) prevents the Secretary from— 

17 (I) rerouting or closing an exist18 ing road or trail to protect natural re19 sources from degradation, as deter20 mined to be appropriate by the Sec21 retary; 

22 (II) constructing a temporary 

23 road on which motorized vehicles are 

24 permitted as part of a vegetation 

25 management project in any portion of 


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1 the Conservation Management Area 

located not more than 1 2 ⁄4 mile from 

3 the Teton Road, South Teton Road, 

4 Sun River Road, Beaver Willow Road, 

5 or Benchmark Road; 

6 (III) authorizing the use of mo7 torized vehicles for administrative 

8 purposes (including noxious weed 

9 eradication or grazing management); 

10 or 

11 (IV) responding to an emergency. 

12 (iv) DECOMMISSIONING OF TEM13 PORARY ROADS.—The Secretary shall de14 commission any temporary road con15 structed under clause (iii)(II) not later 

16 than 3 years after the date on which the 

17 applicable vegetation management project 

18 is completed. 

19 (C) GRAZING.—The Secretary shall permit 

20 grazing within the Conservation Management 

21 Area, if established on the date of enactment of 

22 this Act— 

23 (i) subject to— 


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1 (I) such reasonable regulations, 

2 policies, and practices as the Sec3 retary determines appropriate; and 

4 (II) all applicable laws; and 

5 (ii) in a manner consistent with— 

6 (I) the purposes described in sub7 section (b); and 

8 (II) the guidelines set forth in 

9 the report of the Committee on Inte10 rior and Insular Affairs of the House 

11 of Representatives accompanying H.R. 

12 5487 of the 96th Congress (H. Rept. 

13 96–617). 

14 (D) VEGETATION MANAGEMENT.—Nothing 

15 in this Act prevents the Secretary from con16 ducting vegetation management projects within 

17 the Conservation Management Area— 

18 (i) subject to— 

19 (I) such reasonable regulations, 

20 policies, and practices as the Sec21 retary determines appropriate; and 

22 (II) all applicable laws (including 

23 regulations); and 

24 (ii) in a manner consistent with the 

25 purposes described in subsection (b). 


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1 SEC. 4. DESIGNATION OF WILDERNESS ADDITIONS. 

2 (a) IN GENERAL.—In accordance with the Wilderness 

3 Act (16 U.S.C. 1131 et seq.), the following Federal land 

4 in the State is designated as wilderness and as additions 

5 to existing components of the National Wilderness Preser6 vation System: 

7 (1) BOB MARSHALL WILDERNESS.—Certain 

8 land in the Lewis and Clark National Forest, com9 prising approximately 50,401 acres, as generally de10 picted on the map, which shall be added to and ad11 ministered as part of the Bob Marshall Wilderness 

12 designated under section 3 of the Wilderness Act 

13 (16 U.S.C. 1132). 

14 (2) SCAPEGOAT WILDERNESS.—Certain land in 

15 the Lewis and Clark National Forest, comprising 

16 approximately 16,711 acres, as generally depicted on 

17 the map, which shall be added to and administered 

18 as part of the Scapegoat Wilderness designated by 

19 the first section of Public Law 92–395 (16 U.S.C. 

20 1132 note). 

21 (b) MANAGEMENT OF WILDERNESS ADDITIONS.— 

22 Subject to valid existing rights, the land designated as wil23 derness additions by subsection (a) shall be administered 

24 by the Secretary in accordance with the Wilderness Act 

25 (16 U.S.C. 1131 et seq.), except that any reference in that 


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1 Act to the effective date of that Act shall be deemed to 

2 be a reference to the date of the enactment of this Act. 

3 (c) LIVESTOCK.—The grazing of livestock and the 

4 maintenance of existing facilities relating to grazing in the 

5 wilderness additions designated by this section, if estab6 lished before the date of enactment of this Act, shall be 

7 permitted to continue in accordance with— 

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

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

10 (2) the guidelines set forth in the report of the 

11 Committee on Interior and Insular Affairs of the 

12 House of Representatives accompanying H.R. 5487 

13 of the 96th Congress (H. Rept. 96–617). 

14 (d) WILDFIRE, INSECT, AND DISEASE MANAGE15 MENT.—In accordance with section 4(d)(1) of the Wilder16 ness Act (16 U.S.C. 1133(d)(1)), within the wilderness ad17 ditions designated by this section, the Secretary may take 

18 any measures that the Secretary determines to be nec19 essary to control fire, insects, and diseases, including, as 

20 the Secretary determines appropriate, the coordination of 

21 those activities with a State or local agency. 

22 (e) ADJACENT MANAGEMENT.— 

23 (1) IN GENERAL.—The designation of a wilder24 ness addition by this section shall not create any 


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1 protective perimeter or buffer zone around the wil2 derness area. 

3 (2) NONWILDERNESS ACTIVITIES.—The fact 

4 that nonwilderness activities or uses can be seen or 

5 heard from areas within a wilderness addition des6 ignated by this section shall not preclude the con7 duct of those activities or uses outside the boundary 

8 of the wilderness area. 

9 SEC. 5. MAPS AND LEGAL DESCRIPTIONS. 

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

11 date of enactment of this Act, the Secretary shall prepare 

12 maps and legal descriptions of the Conservation Manage13 ment Area and the wilderness additions designated by sec14 tions 3 and 4, respectively. 

15 (b) FORCE OF LAW.—The maps and legal descrip16 tions prepared under subsection (a) shall have the same 

17 force and effect as if included in this Act, except that the 

18 Secretary may correct typographical errors in the map and 

19 legal descriptions. 

20 (c) PUBLIC AVAILABILITY.—The maps and legal de21 scriptions prepared under subsection (a) shall be on file 

22 and available for public inspection in the appropriate of23 fices of the Forest Service and Bureau of Land Manage24 ment. 


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1 SEC. 6. NOXIOUS WEED MANAGEMENT. 

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

3 date of enactment of this Act, the Secretary of Agriculture 

4 shall prepare a comprehensive management strategy for 

5 preventing, controlling, and eradicating noxious weeds in 

6 the district. 

7 (b) CONTENTS.—The management strategy shall— 

8 (1) include recommendations to protect wildlife, 

9 forage, and other natural resources in the district 

10 from noxious weeds; 

11 (2) identify opportunities to coordinate noxious 

12 weed prevention, control, and eradication efforts in 

13 the district with State and local agencies, Indian 

14 tribes, nonprofit organizations, and others; 

15 (3) identify existing resources for preventing, 

16 controlling, and eradicating noxious weeds in the 

17 district; 

18 (4) identify additional resources that are appro19 priate to effectively prevent, control, or eradicate 

20 noxious weeds in the district; and 

21 (5) identify opportunities to coordinate with 

22 county weed districts in Glacier, Pondera, Teton, 

23 and Lewis and Clark Counties in the State to apply 

24 for grants and enter into agreements for noxious 

25 weed control and eradication projects under the 


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1 Noxious Weed Control and Eradication Act of 2004 

2 (7 U.S.C. 7781 et seq.). 

3 (c) CONSULTATION.—In developing the management 

4 strategy required under subsection (a), the Secretary shall 

5 consult with— 

6 (1) the Secretary of the Interior; 

7 (2) appropriate State, tribal, and local govern8 mental entities; and 

9 (3) members of the public. 

10 SEC. 7. NONMOTORIZED RECREATION OPPORTUNITIES. 

11 Not later than 2 years after the date of enactment 

12 of this Act, the Secretary of Agriculture, in consultation 

13 with interested parties, shall conduct a study to improve 

14 nonmotorized recreation trail opportunities (including 

15 mountain bicycling) on land not designated as wilderness 

16 within the district. 

17 SEC. 8. MANAGEMENT OF FISH AND WILDLIFE; HUNTING 

18 AND FISHING. 

19 Nothing in this Act affects the jurisdiction of the 

20 State with respect to fish and wildlife management (in21 cluding the regulation of hunting and fishing) on public 

22 land in the State. 

23 SEC. 9. OVERFLIGHTS. 

24 (a) JURISDICTION OF THE FEDERAL AVIATION AD25 MINISTRATION.—Nothing in this Act affects the jurisdicVerDate Mar 15 2010 00:08 Jun 03, 2014 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S364.RS S364

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1 tion of the Federal Aviation Administration with respect 

2 to the airspace above the wilderness or the Conservation 

3 Management Area. 

4 (b) BENCHMARK AIRSTRIP.—Nothing in this Act af5 fects the continued use, maintenance, and repair of the 

6 Benchmark (3U7) airstrip. 

7 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

8 There are authorized to be appropriated such sums 

9 as are necessary to carry out this Act. 


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Calendar No. 404 

113TH CONGRESS 

2D SESSION S. 364 

[Report No. 113–177] 

A BILL 

To establish the Rocky Mountain Front ConservaNational Forest, and for other purposes. agement of noxious weeds in the Lewis and Clark eral land as wilderness, and to improve the man- tion Management Area, to designate certain FedJUNE 2, 2014 

Reported without amendment 


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