II 

113TH CONGRESS 

1ST SESSION S. 364 

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 and Mr. TESTER) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Heritage Act of 2013’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


jbell on DSK7SPTVN1PROD with BILLS
2 

•S 364 IS

1 (1) CONSERVATION MANAGEMENT AREA.—The 

2 term ‘‘Conservation Management Area’’ means the 

3 Rocky Mountain Front Conservation Management 

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

5 (2) DECOMMISSION.—The term ‘‘decommis6 sion’’ means— 

7 (A) to reestablish vegetation on a road; 

8 and 

9 (B) to restore any natural drainage, water10 shed function, or other ecological processes that 

11 are disrupted or adversely impacted by the road 

12 by removing or hydrologically disconnecting the 

13 road prism. 

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

15 Rocky Mountain Ranger District of the Lewis and 

16 Clark National Forest. 

17 (4) MAP.—The term ‘‘map’’ means the map en18 titled ‘‘Rocky Mountain Front Heritage Act’’ and 

19 dated October 27, 2011. 

20 (5) NONMOTORIZED RECREATION TRAIL.—The 

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

22 designed for hiking, bicycling, or equestrian use. 

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

24 means— 


jbell on DSK7SPTVN1PROD with BILLS
3 

•S 364 IS

1 (A) with respect to land under the jurisdic2 tion of the Secretary of Agriculture, the Sec3 retary of Agriculture; and 

4 (B) with respect to land under the jurisdic5 tion of the Secretary of the Interior, the Sec6 retary of the Interior. 

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

8 of Montana. 

9 SEC. 3. ROCKY MOUNTAIN FRONT CONSERVATION MAN10 AGEMENT AREA. 

11 (a) ESTABLISHMENT.— 

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

13 Rocky Mountain Front Conservation Management 

14 Area in the State. 

15 (2) AREA INCLUDED.—The Conservation Man16 agement Area shall consist of approximately 195,073 

17 acres of Federal land managed by the Forest Service 

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

19 Bureau of Land Management in the State, as gen20 erally depicted on the map. 

21 (3) INCORPORATION OF ACQUIRED LAND AND

22 INTERESTS.—Any land or interest in land that is lo23 cated in the Conservation Management Area and is 

24 acquired by the United States from a willing seller 

25 shall— 


jbell on DSK7SPTVN1PROD with BILLS
4 

•S 364 IS

1 (A) become part of the Conservation Man2 agement Area; and 

3 (B) be managed in accordance with— 

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

5 Forest Service— 

6 (I) the Act of March 1, 1911 

7 (commonly known as the ‘‘Weeks 

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

9 (II) any laws (including regula10 tions) applicable to the National For11 est System; 

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

13 the Bureau of Land Management, the Fed14 eral Land Policy and Management Act of 

15 1976 (43 U.S.C. 1701 et seq.); 

16 (iii) this section; and 

17 (iv) any other applicable law (includ18 ing regulations). 

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

20 Management Area are to conserve, protect, and enhance 

21 for the benefit and enjoyment of present and future gen22 erations the recreational, scenic, historical, cultural, fish, 

23 wildlife, roadless, and ecological values of the Conservation 

24 Management Area. 

25 (c) MANAGEMENT.— 


jbell on DSK7SPTVN1PROD with BILLS
5 

•S 364 IS

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

2 the Conservation Management Area— 

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

4 and enhances the resources of the Conservation 

5 Management Area; and 

6 (B) in accordance with— 

7 (i) the laws (including regulations) 

8 and rules applicable to the National Forest 

9 System for land managed by the Forest 

10 Service; 

11 (ii) the Federal Land Policy and Man12 agement Act of 1976 (43 U.S.C. 1701 et 

13 seq.) for land managed by the Bureau of 

14 Land Management; 

15 (iii) this section; and 

16 (iv) any other applicable law (includ17 ing regulations). 

18 (2) USES.— 

19 (A) IN GENERAL.—The Secretary shall 

20 only allow such uses of the Conservation Man21 agement Area that the Secretary determines 

22 would further the purposes described in sub23 section (b). 

24 (B) MOTORIZED VEHICLES.— 


jbell on DSK7SPTVN1PROD with BILLS
6 

•S 364 IS

1 (i) IN GENERAL.—The use of motor2 ized vehicles in the Conservation Manage3 ment Area shall be permitted only on exist4 ing roads, trails, and areas designated for 

5 use by such vehicles as of the date of en6 actment of this Act. 

7 (ii) NEW OR TEMPORARY ROADS.— 

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

9 or temporary roads shall be constructed 

10 within the Conservation Management Area. 

11 (iii) EXCEPTIONS.—Nothing in clause 

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

13 (I) rerouting or closing an exist14 ing road or trail to protect natural re15 sources from degradation, as deter16 mined to be appropriate by the Sec17 retary; 

18 (II) constructing a temporary 

19 road on which motorized vehicles are 

20 permitted as part of a vegetation 

21 management project in any portion of 

22 the Conservation Management Area 

located not more than 1 23 ⁄4 mile from 

24 the Teton Road, South Teton Road, 


jbell on DSK7SPTVN1PROD with BILLS
7 

•S 364 IS

1 Sun River Road, Beaver Willow Road, 

2 or Benchmark Road; 

3 (III) authorizing the use of mo4 torized vehicles for administrative 

5 purposes (including noxious weed 

6 eradication or grazing management); 

7 or 

8 (IV) responding to an emergency. 

9 (iv) DECOMMISSIONING OF TEM10 PORARY ROADS.—The Secretary shall de11 commission any temporary road con12 structed under clause (iii)(II) not later 

13 than 3 years after the date on which the 

14 applicable vegetation management project 

15 is completed. 

16 (C) GRAZING.—The Secretary shall permit 

17 grazing within the Conservation Management 

18 Area, if established on the date of enactment of 

19 this Act— 

20 (i) subject to— 

21 (I) such reasonable regulations, 

22 policies, and practices as the Sec23 retary determines appropriate; and 

24 (II) all applicable laws; and 

25 (ii) in a manner consistent with— 


jbell on DSK7SPTVN1PROD with BILLS
8 

•S 364 IS

1 (I) the purposes described in sub2 section (b); and 

3 (II) the guidelines set forth in 

4 the report of the Committee on Inte5 rior and Insular Affairs of the House 

6 of Representatives accompanying H.R. 

7 5487 of the 96th Congress (H. Rept. 

8 96–617). 

9 (D) VEGETATION MANAGEMENT.—Nothing 

10 in this Act prevents the Secretary from con11 ducting vegetation management projects within 

12 the Conservation Management Area— 

13 (i) subject to— 

14 (I) such reasonable regulations, 

15 policies, and practices as the Sec16 retary determines appropriate; and 

17 (II) all applicable laws (including 

18 regulations); and 

19 (ii) in a manner consistent with the 

20 purposes described in subsection (b). 

21 SEC. 4. DESIGNATION OF WILDERNESS ADDITIONS. 

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

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

24 in the State is designated as wilderness and as additions 


jbell on DSK7SPTVN1PROD with BILLS
9 

•S 364 IS

1 to existing components of the National Wilderness Preser2 vation System: 

3 (1) BOB MARSHALL WILDERNESS.—Certain 

4 land in the Lewis and Clark National Forest, com5 prising approximately 50,401 acres, as generally de6 picted on the map, which shall be added to and ad7 ministered as part of the Bob Marshall Wilderness 

8 designated under section 3 of the Wilderness Act 

9 (16 U.S.C. 1132). 

10 (2) SCAPEGOAT WILDERNESS.—Certain land in 

11 the Lewis and Clark National Forest, comprising 

12 approximately 16,711 acres, as generally depicted on 

13 the map, which shall be added to and administered 

14 as part of the Scapegoat Wilderness designated by 

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

16 1132 note). 

17 (b) MANAGEMENT OF WILDERNESS ADDITIONS.— 

18 Subject to valid existing rights, the land designated as wil19 derness additions by subsection (a) shall be administered 

20 by the Secretary in accordance with the Wilderness Act 

21 (16 U.S.C. 1131 et seq.), except that any reference in that 

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

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

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

25 maintenance of existing facilities relating to grazing in the 


jbell on DSK7SPTVN1PROD with BILLS
10 

•S 364 IS

1 wilderness additions designated by this section, if estab2 lished before the date of enactment of this Act, shall be 

3 permitted to continue in accordance with— 

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

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

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

7 Committee on Interior and Insular Affairs of the 

8 House of Representatives accompanying H.R. 5487 

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

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)), within the wilderness ad13 ditions designated by this section, the Secretary may take 

14 any measures that the Secretary determines to be nec15 essary to control fire, insects, and diseases, including, as 

16 the Secretary determines appropriate, the coordination of 

17 those activities with a State or local agency. 

18 (e) ADJACENT MANAGEMENT.— 

19 (1) IN GENERAL.—The designation of a wilder20 ness addition by this section shall not create any 

21 protective perimeter or buffer zone around the wil22 derness area. 

23 (2) NONWILDERNESS ACTIVITIES.—The fact 

24 that nonwilderness activities or uses can be seen or 

25 heard from areas within a wilderness addition desVerDate Mar 15 2010 23:42 Feb 27, 2013 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S364.IS S364

jbell on DSK7SPTVN1PROD with BILLS
11 

•S 364 IS

1 ignated by this section shall not preclude the con2 duct of those activities or uses outside the boundary 

3 of the wilderness area. 

4 SEC. 5. MAPS AND LEGAL DESCRIPTIONS. 

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

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

7 maps and legal descriptions of the Conservation Manage8 ment Area and the wilderness additions designated by sec9 tions 3 and 4, respectively. 

10 (b) FORCE OF LAW.—The maps and legal descrip11 tions prepared under subsection (a) shall have the same 

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

13 Secretary may correct typographical errors in the map and 

14 legal descriptions. 

15 (c) PUBLIC AVAILABILITY.—The maps and legal de16 scriptions prepared under subsection (a) shall be on file 

17 and available for public inspection in the appropriate of18 fices of the Forest Service and Bureau of Land Manage19 ment. 

20 SEC. 6. NOXIOUS WEED MANAGEMENT. 

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

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

23 shall prepare a comprehensive management strategy for 

24 preventing, controlling, and eradicating noxious weeds in 

25 the district. 


jbell on DSK7SPTVN1PROD with BILLS
12 

•S 364 IS

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

2 (1) include recommendations to protect wildlife, 

3 forage, and other natural resources in the district 

4 from noxious weeds; 

5 (2) identify opportunities to coordinate noxious 

6 weed prevention, control, and eradication efforts in 

7 the district with State and local agencies, Indian 

8 tribes, nonprofit organizations, and others; 

9 (3) identify existing resources for preventing, 

10 controlling, and eradicating noxious weeds in the 

11 district; 

12 (4) identify additional resources that are appro13 priate to effectively prevent, control, or eradicate 

14 noxious weeds in the district; and 

15 (5) identify opportunities to coordinate with 

16 county weed districts in Glacier, Pondera, Teton, 

17 and Lewis and Clark Counties in the State to apply 

18 for grants and enter into agreements for noxious 

19 weed control and eradication projects under the 

20 Noxious Weed Control and Eradication Act of 2004 

21 (7 U.S.C. 7781 et seq.). 

22 (c) CONSULTATION.—In developing the management 

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

24 consult with— 

25 (1) the Secretary of the Interior; 


jbell on DSK7SPTVN1PROD with BILLS
13 

•S 364 IS

1 (2) appropriate State, tribal, and local govern2 mental entities; and 

3 (3) members of the public. 

4 SEC. 7. NONMOTORIZED RECREATION OPPORTUNITIES. 

5 Not later than 2 years after the date of enactment 

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

7 with interested parties, shall conduct a study to improve 

8 nonmotorized recreation trail opportunities (including 

9 mountain bicycling) on land not designated as wilderness 

10 within the district. 

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

12 AND FISHING. 

13 Nothing in this Act affects the jurisdiction of the 

14 State with respect to fish and wildlife management (in15 cluding the regulation of hunting and fishing) on public 

16 land in the State. 

17 SEC. 9. OVERFLIGHTS. 

18 (a) JURISDICTION OF THE FEDERAL AVIATION AD19 MINISTRATION.—Nothing in this Act affects the jurisdic20 tion of the Federal Aviation Administration with respect 

21 to the airspace above the wilderness or the Conservation 

22 Management Area. 

23 (b) BENCHMARK AIRSTRIP.—Nothing in this Act af24 fects the continued use, maintenance, and repair of the 

25 Benchmark (3U7) airstrip. 


jbell on DSK7SPTVN1PROD with BILLS
14 

•S 364 IS

1 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

3 as are necessary to carry out this Act. 

Æ 


jbell on DSK7SPTVN1PROD with BILLS