IIA

103D CONGRESS

2D SESSION H. R. 2473

IN THE SENATE OF THE UNITED STATES

MAY 19 (legislative day, MAY 16), 1994

Received; read twice and referred to the Committee on Energy and Natural

Resources

AN ACT

To designate certain National Forest lands in the State

of Montana as wilderness, to release other National Forest lands in the State of Montana for multiple use management, 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 referred to as ‘‘The Montana Wil5 derness Act of 1994’’.
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1 SEC. 2. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—The Congress finds that—

3 (1) Many areas of undeveloped National Forest

4 System lands in the State of Montana possess out5 standing natural characteristics which give them

6 high value as wilderness and will, if properly pre7 served, contribute as an enduring resource of wild

8 land for the benefit of the American people.

9 (2) Preserving areas in their natural roadless

10 condition is a vital component of protecting the

11 biodiversity of lands in Montana and securing and

12 maintaining habitat for threatened and endangered

13 species.

14 (3) The existing Department of Agriculture

15 Land and Resource Management Plans for Forest

16 System lands in the State of Montana have identi17 fied areas which, on the basis of their land form,

18 ecosystem, associated wildlife, and location will help

19 to fulfill the National Forest System’s share of a

20 quality National Wilderness Preservation System.

21 (4) Review and evaluation of roadless and unde22 veloped lands in the National Forest System in Mon23 tana have also identified those areas which should be

24 specially managed, deserve further study, or which

25 should be available for multiple uses other than wil26 derness, subject to the Forest Service’s land man-
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1 agement planning process and the provisions of this

2 Act.

3 (5) Montanans and those interested in Mon4 tana’s wildlands have been fully involved in the for5 mulation of this wilderness proposal. That the wil6 derness designations recommended in this legislation

7 have been developed with the support of Montana

8 wilderness advocates and is therefore the product of

9 years of negotiations.

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

11 (1) designate certain National Forest System

12 lands in the State of Montana as components of the

13 National Wilderness Preservation System, in fur14 therance of the purposes of the Wilderness Act (16

15 U.S.C. 1131 et seq.), in order to preserve the wilder16 ness character of the land and the health and diver17 sity of native populations of fish, wildlife and plants

18 and to protect watersheds and wildlife habitat, pre19 serve scenic and historic resources, and promote sci20 entific research, primitive recreation, solitude, and

21 physical and mental challenge; and

22 (2) ensure that certain other National Forest

23 System lands in the State of Montana will be made

24 available for uses other than wilderness in accord-
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1 ance with applicable national forest laws, planning

2 procedures and the provisions of this Act.

3 SEC. 3. WILDERNESS DESIGNATIONS.

4 (a) DESIGNATION.—In furtherance of the purposes of

5 the Wilderness Act of 1964, the following lands in the

6 State of Montana are designated as wilderness and, there7 fore, as components of the National Wilderness Preserva8 tion System:

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

10 and Deerlodge National Forests, which comprise ap11 proximately 31,600 acres, as generally depicted on a

12 map entitled ‘‘Anaconda-Pintler Wilderness Addi13 tions—Proposed’’ (North Big Hole, Storm Lake,

14 Upper East Fork), dated March 1994, and which

15 are hereby incorporated in and shall be deemed to

16 be a part of the Anaconda-Pintler Wilderness.

17 (2) Certain lands in the Beaverhead National

18 Forest, which comprise approximately 33,000 acres,

19 as generally depicted on a map entitled ‘‘Italian

20 Peaks Wilderness—Proposed’’, dated March 1994,

21 and which shall be known as the Italian Peaks Unit

22 of the Howard Zahnizer Great Divide Wilderness.

23 (3) Certain lands in the Beaverhead National

24 Forest, which comprise approximately 84,920 acres,

25 as generally depicted on a map entitled ‘‘East Pio-
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1 neer Wilderness—Proposed’’, dated March 1994,

2 and which shall be known as the East Pioneer Wil3 derness.

4 (4) Certain lands in the Beaverhead National

5 Forest, Montana, comprising approximately 40,000

6 acres, as generally depicted on a map entitled ‘‘West

7 Big Hole Wilderness—Proposed’’, dated March

8 1994, and which shall be known as the West Big

9 Hole Unit of the Howard Zahnizer Great Divide

10 Wilderness.

11 (5) Certain lands in the Bitterroot, Deerlodge,

12 and Lolo National Forests, which comprise approxi13 mately 76,600 acres, as generally depicted on a map

14 entitled ‘‘Stony Mountain Wilderness—Proposed’’,

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

16 Stony Mountain Wilderness. The provisions of sec17 tion 4 of this Act shall not apply to the portion of

18 such lands within the drainage of the Burnt Fork.

19 (6) Certain lands in the Bitterroot and Lolo

20 National Forests, which comprise approximately

21 55,500 acres, as generally depicted on maps entitled

22 ‘‘Selway-Bitterroot Wilderness Additions—Pro23 posed’’, dated March 1994, and which are hereby in24 corporated in and shall be deemed to be a part of

25 the Selway-Bitterroot Wilderness.
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1 (7) Certain lands in the Custer National For2 est, which comprise approximately 13,700 acres, as

3 generally depicted on a map entitled ‘‘Pryor Moun4 tains Wilderness—Proposed’’, dated March 1994,

5 and which shall be known as the Pryor Mountains

6 Wilderness.

7 (8) Certain lands in the Custer National For8 est, which comprise approximately 28,000 acres, as

9 generally depicted on a map entitled ‘‘Custer Absa10 roka Beartooth Wilderness Additions—Proposed’’

11 (Burnt Mountain, Timberline Creek, Stateline, Line

12 Creek Plateau, and Mystic Lake), dated March

13 1994, and which are hereby incorporated in and

14 shall be deemed to be a part of the Absaroka

15 Beartooth Wilderness.

16 (9) Certain lands in the Deerlodge and Helena

17 National Forests, which comprise approximately

18 26,800 acres, as generally depicted on a map enti19 tled ‘‘Blackfoot Meadow-Electric Peak Wilderness—

20 Proposed’’, dated March 1994, and which shall be

21 known as the Blackfoot Meadow Unit of the Howard

22 Zahnizer Great Divide Wilderness.

23 (10) Certain lands in the Flathead and

24 Kootenai National Forests, which comprise approxi25 mately 120,400 acres, as generally depicted on a
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1 map entitled ‘‘North Fork Wilderness—Proposed

2 (Tuchuck, Thompson-Seton, and Mount Hefty)’’,

3 dated March 1994, and which shall be known as the

4 North Fork Wilderness.

5 (11) Certain lands in the Flathead, Helena,

6 Lolo, and Lewis and Clark National Forests, which

7 comprise approximately 261,440 acres, as generally

8 depicted on maps entitled ‘‘Arnold Bolle Additions to

9 the Bob Marshall Wilderness—Proposed’’ (Silver

10 King-Falls Creek, Renshaw, Clearwater-Monture,

11 Deep Creek, Teton High Peak, Volcano Reef, Slip12 pery Bill, Limestone Cave, Choteau Mountain, and

13 Crown Mountain, Lost Jack, Spotted Bear), dated

14 March 1994, which shall be known as the Arnold

15 Bolle-Bob Marshall Wilderness Additions and are in16 corporated in and shall be deemed to be a part of

17 the Bob Marshall Wilderness.

18 (12) Certain lands in the Flathead National

19 Forest, which comprise approximately 960 acres, as

20 generally depicted on a map entitled ‘‘Mission Moun21 tains Wilderness Additions—Proposed’’, dated

22 March 1994, and which are hereby incorporated in

23 and shall be deemed to be a part of the Mission

24 Mountain Wilderness.
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1 (13) Certain lands in the Flathead and Lolo

2 National Forests, comprising approximately 175,500

3 acres, as generally depicted on maps entitled ‘‘Jewel

4 Basin/Swan Wilderness—Proposed’’, dated March

5 1994. Those lands contiguous to the west slope of

6 the Bob Marshall Wilderness referred to in this

7 paragraph are hereby incorporated in and shall be

8 deemed to be a part of the Bob Marshall Wilderness,

9 while the remaining lands shall be known as the

10 Swan Crest Wilderness, the boundaries of which are

11 depicted on the map referenced in this paragraph.

12 (14) Certain lands in the Gallatin National

13 Forest, which comprise approximately 14,440 acres,

14 as generally depicted on a map entitled ‘‘Gallatin

15 Absaroka Beartooth Wilderness Additions—Pro16 posed’’ (Dexter Point, Tie Creek and Mt. Rae),

17 dated March 1994, and which are hereby incor18 porated in and shall be deemed to be a part of the

19 Absaroka Beartooth Wilderness.

20 (15) Certain lands in the Gallatin and Beaver21 head National Forests, which comprise approxi22 mately 20,400 acres, as generally depicted on a map

23 entitled ‘‘Lee Metcalf Cowboys Heaven Addition—

24 Proposed’’, dated March 1994, and which are hereby
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1 incorporated in and shall be deemed to be a part of

2 the Lee Metcalf Wilderness.

3 (16) Certain lands in the Gallatin National

4 Forest, which comprise approximately 18,300 acres,

5 as generally depicted on a map entitled ‘‘Earthquake

6 Wilderness—Proposed’’, dated March 1994, and

7 which shall be known as the Earthquake Unit of the

8 Howard Zahnizer Great Divide Wilderness.

9 (17) Certain lands in the Helena National For10 est, which comprise approximately 22,900 acres, as

11 generally depicted on a map entitled ‘‘Camas Creek

12 Wilderness—Proposed’’, dated March 1994, and

13 which shall be known as the Camas Creek Wilder14 ness.

15 (18) Certain lands in the Helena National For16 est, which comprise approximately 15,000 acres, as

17 generally depicted on a map entitled ‘‘Mount Baldy

18 Wilderness—Proposed’’, dated March 1994, and

19 which shall be known as the Mount Baldy Wilder20 ness.

21 (19) Certain lands in the Helena National For22 est, Montana, which comprise approximately 10,000

23 acres, as generally depicted on a map entitled

24 ‘‘Gates of the Mountains Wilderness Additions—

25 Proposed’’ (Big Log), dated March 1994, and which
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1 are hereby incorporated in and shall be deemed to

2 be part of the Gates of the Mountain Wilderness.

3 (20) Certain lands in the Helena National For4 est, which comprise approximately 10,700 acres, as

5 generally depicted on a map entitled ‘‘Black Moun6 tain Wilderness—Proposed’’, dated March 1994, and

7 which shall be known as the Black Mountain Unit

8 of the Howard Zahniser Great Divide Wilderness.

9 (21) Certain lands in the Kootenai National

10 Forest, which comprise approximately 39,620 acres,

11 as generally depicted on a map entitled ‘‘Cabinet

12 Mountains Wilderness Additions—Proposed’’, dated

13 March 1994, and which are hereby incorporated in

14 and shall be deemed to be part of the Cabinet Moun15 tains Wilderness.

16 (22) Certain lands in the Kaniksu and Kootenai

17 National Forest, which comprise approximately

18 52,000 acres, as generally depicted on a map enti19 tled ‘‘Scotchman Peaks Wilderness—Proposed’’,

20 dated March 1994, which shall be known as the

21 Scotchman Peaks Wilderness.

22 (23) Certain lands in the Kootenai National

23 Forest which comprise approximately 42,000 acres,

24 as generally depicted on a map entitled ‘‘Yaak Wil25 derness—Proposed’’ (Roderick Mountain, Grizzly
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1 Peak, Pink Mountain), dated March 1994, which

2 shall be known as the Yaak Wilderness.

3 (24) Certain lands in the Kootenai and Lolo

4 National Forests, which comprise approximately

5 17,900 acres, as generally depicted on a map enti6 tled ‘‘Cataract Peak Wilderness—Proposed’’, dated

7 March 1994, which shall be known as the Cataract

8 Peak Wilderness.

9 (25) Certain lands in the Lolo National Forest,

10 which comprise approximately 19,400 acres, as gen11 erally depicted on a map entitled ‘‘Cube Iron/Mount

12 Silcox Wilderness—Proposed’’, dated March 1994,

13 which shall be known as the Cube Iron/Mount Silcox

14 Wilderness.

15 (26) Certain lands in the Lolo National Forest,

16 which comprise approximately 94,700 acres, as gen17 erally depicted on a map entitled ‘‘Great Burn Wil18 derness—Proposed’’, dated March 1994, which shall

19 be known as the Great Burn Wilderness.

20 (27) Certain lands in the Lolo National Forest,

21 which comprise approximately 60,100 acres, as gen22 erally depicted on a map entitled ‘‘Quigg Peak Wil23 derness—Proposed’’, dated March 1994, which shall

24 be known as the Quigg Peak Wilderness.
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1 (28) Certain lands in the Kootenai National

2 Forest, which comprise approximately 24,600 acres,

3 as generally depicted on a map entitled ‘‘Trout

4 Creek Wilderness—Proposed’’, dated March 1994,

5 and which shall be known as the Trout Creek Wil6 derness.

7 (29) Certain lands in the Helena National For8 est, which comprise approximately 21,700 acres, as

9 generally depicted on a map entitled ‘‘Nevada Moun10 tain Wilderness—Proposed’’, dated March 1994, and

11 which shall be known as the Nevada Mountain Unit

12 of the Howard Zahnizer Great Divide Wilderness.

13 (30) Certain lands in the Helena National For14 est, which comprise approximately 56,100 acres, as

15 generally depicted on a map entitled ‘‘Elkhorn Wil16 derness—Proposed’’, dated March 1994, and which

17 shall be known as the Elkhorn Wilderness.

18 (31) Certain lands in the Gallatin National

19 Forest, which comprise approximately 500 acres, as

20 generally depicted on a map entitled ‘‘North Absa21 roka Wilderness Addition—Proposed (Republic

22 Mountain)’’, dated March 1994, and which are here23 by incorporated in and shall be deemed a part of the

24 North Absaroka Wilderness.
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1 (32) Certain lands in the Beaverhead National

2 Forest, which comprises approximately 90,000 acres,

3 as generally depicted on a map entitled ‘‘Snowcrest

4 Wilderness—Proposed’’, dated March 1994 and

5 shall be known as the Snowcrest Wilderness.

6 (33) Certain lands in the Beaverhead National

7 Forest, which comprise approximately 4,700 acres,

8 as generally depicted on a map entitled ‘‘Mount Jef9 ferson Wilderness—Proposed’’, dated March 1994

10 and shall be known as the Mount Jefferson Unit of

11 the Howard Zahnizer Great Divide Wilderness.

12 (34) Certain lands in the Deerlodge National

13 Forest which comprise about 30,300 acres, as gen14 erally, depicted on a map entitled ‘‘Flint Creek Wil15 derness—Proposed’’, dated March 1994 and shall be

16 known as the Flint Creek Wilderness.

17 (35) Certain lands in the Gallatin and Lewis

18 and Clark National Forests, which comprise approxi19 mately 34,800 acres, as generally depicted on a map

20 entitled ‘‘Crazy Mountain Wilderness—Proposed’’,

21 dated March 1994 and shall be known as the Crazy

22 Mountain Wilderness.

23 (36) Certain lands in the Beaverhead and

24 Deerlodge National Forests, which comprise approxi25 mately 19,500 acres, as generally depicted on a map
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1 entitled ‘‘Tobacco Roots Wilderness—Proposed’’,

2 dated March 1994, and shall be known as the To3 bacco Roots Wilderness.

4 (b) MAPS AND DESCRIPTIONS.—(1) The Secretary of

5 Agriculture (hereinafter referred to as the ‘‘Secretary’’)

6 shall file the maps referred to in this section and legal

7 descriptions of each wilderness area designated by this

8 section with the Committee on Energy and Natural Re9 sources of the United States Senate and the Committee

10 on Natural Resources of the United States House of Rep11 resentatives, and each such map and legal description

12 shall have the same force and effect as if included in this

13 Act.

14 (2) The Secretary may correct clerical and typo15 graphical errors in the maps and legal descriptions sub16 mitted pursuant to this section.

17 (3) Each map and legal description referred to in this

18 section shall be on file and available for public inspection

19 in the office of the Chief of the Forest Service, Washing20 ton, D.C. and at the office of the Regional Forester of

21 the Northern Region.

22 (c) ADMINISTRATION.—Subject to valid existing

23 rights, each wilderness area designated by this section

24 shall be administered by the Secretary of Agriculture in

25 accordance with the provisions of the Wilderness Act of
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1 1964, except that, with respect to any area designated in

2 this section, any reference to the effective date of the Wil3 derness Act shall be deemed to be a reference to the date

4 of enactment of this Act.

5 (d) WILDERNESS AREA PERIMETERS.—Congress

6 does not intend that the designation of wilderness areas

7 in this section will lead to the creation of protective perim8 eters or buffer zones around such areas. The fact that

9 nonwilderness activities or uses can be seen or heard from

10 areas within a wilderness area shall not, of itself, preclude

11 such activities or uses up to the boundary of the wilder12 ness area.

13 (e) GRAZING.—The grazing of livestock, where estab14 lished prior to the date of enactment of this Act, in wilder15 ness areas designated in this section shall be administered

16 in accordance with section 4(d)(4) of the Wilderness Act

17 of 1964 and section 108 of an Act entitled ‘‘An Act to

18 designate certain National Forest System Lands in the

19 States of Colorado, South Dakota, Missouri, South Caro20 lina, and Louisiana for inclusion in the National Wilder21 ness Preservation System, and for other purposes’’ (94

22 Stat. 3271; 16 U.S.C. 1133 note).

23 (f) STATE FISH AND GAME AUTHORITY.—In accord24 ance with section 4(d)(7) of the Wilderness Act of 1964,

25 nothing in this Act shall be construed as affecting the ju-
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1 risdiction or responsibilities of the State of Montana with

2 respect to wildlife and fish in the national forests of Mon3 tana.

4 (g) HUNTING.—Nothing in this Act or the Wilder5 ness Act of 1964 shall be construed to prohibit hunting

6 within the wilderness areas designated in this section.

7 (h) COLLECTION DEVICES.—(1) Within the wilder8 ness areas designated in this section, maintenance and re9 placement of essential hydrological, meteorological, or cli10 matological collection devices and ancillary facilities are

11 permitted, subject to such conditions as the Secretary

12 deems desirable.

13 (2) Access to the devices and facilities described in

14 paragraph (1) shall be by the least intrusive practicable

15 means available as determined by the Secretary. Access,

16 installation, and maintenance shall be compatible with the

17 provisions of the Wilderness Act.

18 (i) CITIZEN INVOLVEMENT.—The wilderness manag19 ing agencies are hereby authorized to use citizen advisory

20 groups, task forces, and ad hoc committees among the

21 public involvement techniques employed to assist the agen22 cies in the development of wilderness management direc23 tion.
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1 SEC. 4. WATER.

2 (a) FINDINGS, PURPOSES, AND DEFINITIONS.—(1)

3 The Congress finds that—

4 (A) the lands designated as wilderness by this

5 Act are located at the headwaters of the streams

6 and rivers on those lands, with no actual or pro7 posed water resource facilities located upstream

8 from such lands and no opportunities for diversion,

9 storage, or other uses of water occurring outside

10 such lands that would adversely affect the wilderness

11 values of such lands;

12 (B) the lands designated as wilderness by this

13 Act are not suitable for use for development of new

14 water resource facilities, or for the expansion of ex15 isting water resource facilities; and

16 (C) therefore, it is possible to provide for prop17 er management and protection of the water-related

18 wilderness values of such lands in ways different

19 from those utilized in other legislation designating

20 as wilderness lands not sharing the attributes of the

21 lands designated as wilderness by this Act.

22 (2) The purpose of this section is to protect the

23 water-related wilderness values of the lands designated as

24 wilderness by this Act by means other than those based

25 on a Federal reserved water right.

26 (3) As used in this section—
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1 (A) the term ‘‘water resource facility’’ means ir2 rigation and pumping facilities, reservoirs, water

3 conservation works, aqueducts, canals, ditches, pipe4 lines, wells, hydropower projects, and transmission

5 and other ancillary facilities, and other water diver6 sion, storage, and carriage structures; and

7 (B) the term ‘‘historic’’, used with reference to

8 rates of flow, quantities of use, or timing or fre9 quency of use of water, means the pattern of actual

10 average annual use or operation of a facility prior to

11 the date of enactment of this Act.

12 (b) RESTRICTION ON CLAIMS AND CLARIFICATION OF

13 EFFECT.—(1) Notwithstanding any other provision of

14 law, no court or agency shall have any jurisdiction under

15 any Act of Congress (including the ‘‘McCarran Amend16 ment’’, 43 U.S.C. 666) to consider any claim on behalf

17 of the United States asserted by the Secretary or by any

18 other person to or for water or water rights in the State

19 of Montana based on any construction of any portion of

20 this Act, or the designation of any lands as wilderness by

21 this Act, as constituting an express or implied reservation

22 of water or water rights.

23 (2)(A) Nothing in this Act shall be construed as a

24 creation, recognition, disclaimer, relinquishment, or reduc25 tion of any water rights of the United States in the State
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1 of Montana existing before the date of enactment of this

2 Act.

3 (B) Nothing in this Act shall be construed as con4 stituting an interpretation of any other Act or any des5 ignation made by or pursuant thereto.

6 (C) Nothing in this Act shall be construed as estab7 lishing a precedent with regard to any future wilderness

8 designations.

9 (c) PROHIBITION OF NEW OR EXPANDED

10 PROJECTS.—(1) Notwithstanding any other provision of

11 law, on and after the date of enactment of this Act neither

12 the President nor any other officer, employee, or agent

13 of the United States shall fund, assist, authorize, or issue

14 a license or permit for, or exempt from licensing or permit15 ting—

16 (A) the development of any new water resource

17 facility within the lands designated as wilderness or

18 for wilderness study by this Act; or

19 (B) the enlargement of a water resource facility

20 or the expansion of the historic rate of diversion,

21 quantity of use, or timing or frequency of use of a

22 water resource facility that is located within or that

23 would adversely affect the wilderness values of lands

24 designated as wilderness or for wilderness study by

25 this Act.
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1 (2) Except as provided in subsection (d) of this sec2 tion, nothing in this Act shall be construed to affect or

3 limit operation, maintenance, repair, modification, or re4 placement without enlargement of water resource facilities

5 in existence on the date of enactment of this Act located

6 within the boundaries of the lands designated as wilder7 ness or for wilderness study by this Act.

8 (d) ACCESS AND OPERATION.—(1) Subject to the

9 provisions of this subsection, the Secretary shall allow rea10 sonable access to water resource facilities in existence on

11 the date of enactment of this Act located within lands des12 ignated as wilderness or for wilderness study by this Act,

13 including motorized access where necessary and customar14 ily employed on routes existing as of the date of enactment

15 of this Act.

16 (2) Subject to the provisions of this subsection, the

17 Secretary, to the extent required for the continued exercise

18 of any valid water rights associated with such facilities,

19 shall allow the present diversion, carriage, and storage ca20 pacity of water resource facilities existing on the date of

21 enactment of this Act located within lands designated as

22 wilderness or for wilderness study by this Act, and access

23 routes to such facilities existing and customarily employed

24 as of such date, to be operated, maintained, repaired, and

25 replaced as necessary to maintain the present function, de-
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1 sign, and serviceable operation of such facilities and

2 routes, so long as such activities have no greater adverse

3 impacts on wilderness values than as of the date of enact4 ment of this Act.

5 (3) Water resource facilities, and access routes serv6 ing such facilities, existing on the date of enactment of

7 this Act shall be maintained and repaired when and to

8 the extent necessary to prevent increased adverse impacts

9 on wilderness values.

10 (4) There shall be no enlargement in the historic rate

11 of diversion, quantity of use, or timing or frequency of

12 use of water resource facilities existing on the date of en13 actment of this Act located within lands designated as wil14 derness or for wilderness study by this Act.

15 (e) MONITORING AND IMPLEMENTATION.—(1) The

16 Secretary of Agriculture shall monitor the operation of

17 and access to water resource facilities within the bound18 aries of the lands designated as wilderness and for wilder19 ness study by this Act, and shall take all steps that the

20 Secretary finds necessary or desirable in order to further

21 the protection of the resources and values of such lands

22 and to implement the provisions of this section, including,

23 to the extent consistent with this Act, the utilization of

24 any procedures available under Federal or State law, in25 cluding laws of the State of Montana concerning either
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1 the utilization of water or the establishment, adjudication,

2 and administration of water rights.

3 (2) In implementing subsection (d)(3), the Secretary

4 may require the owners of water resource facilities or par5 ties entitled to use access routes to perform necessary

6 maintenance or repairs, and may require the relocation or

7 removal of such facilities or such routes if such necessary

8 maintenance or repairs are not performed or not feasible

9 or such facilities or routes are no longer in use.

10 (f) APPLICATION TO OTHER AREAS.—Solely for pur11 poses of implementation of subsections (c), (d), and (e)

12 of this section, lands in Montana which as of the date of

13 enactment of this Act are managed as wilderness study

14 areas pursuant to Public Law 95–150 shall be deemed to

15 have been designated for wilderness study by this Act, and

16 such lands shall be managed pursuant to the provisions

17 of such subsections in addition to other applicable provi18 sions of law.

19 SEC. 5. SPECIAL MANAGEMENT AREAS.

20 (a) DESIGNATIONS.—For the purposes of conserving,

21 protecting and enhancing the exceptional scenic, fish and

22 wildlife, biological, educational and recreational values of

23 certain National Forest System lands in the State of Mon24 tana, the following designations are made:
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1 (1) The Mount Helena National Education and

2 Recreation Area located in the Helena National For3 est, comprising approximately 5,220 acres, as gen4 erally depicted on a map entitled ‘‘Mount Helena

5 National Education and Recreation Area—Pro6 posed’’, dated March 1994.

7 (2) The Hyalite National Education and Recre8 ation Area located in the Gallatin National Forest,

9 comprising approximately 18,900 acres, as generally

10 depicted on a map entitled ‘‘Hyalite National Edu11 cation and Recreation Area—Proposed’’, dated

12 March 1994.

13 (3) The Northwest Peak National Recreation

14 Area located in the Kaniksu and Kootenai National

15 Forests, comprising approximately 16,700 acres, as

16 generally depicted on a map entitled ‘‘Northwest

17 Peak National Recreation and Scenic Area—Pro18 posed’’, dated March 1994.

19 (4) The Buckhorn Ridge National Recreation

20 Area located in the Kaniksu and Kootenai National

21 Forests, comprising approximately 22,600 acres, as

22 generally depicted on a map entitled ‘‘Buckhorn

23 Ridge National Recreation Area—Proposed’’, dated

24 March 1994.
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1 (5) The West Big Hole National Recreation

2 Area located in the Beaverhead National Forest,

3 comprising approximately 90,000 acres, as generally

4 depicted on a map entitled ‘‘West Big Hole National

5 Recreation Area—Proposed’’, dated March 1994,

6 and which shall be known as the West Big Hole Na7 tional Recreation Area.

8 (6) The LeBeau Natural Area located on the

9 Kootenai and Flathead National Forests comprising

10 approximately 5,350 acres, as generally depicted on

11 a map entitled ‘‘LeBeau Natural Area—Proposed’’,

12 dated March 1994.

13 (7) The Ross Creek Cedars Natural Area lo14 cated on the Kootenai National Forest comprising

15 approximately 700 acres, as generally depicted on a

16 map entitled ‘‘Ross Creek Cedars Natural Area—

17 Proposed’’, dated March 1994.

18 (8) The McIntire Natural Area located on the

19 Kootenai National Forest comprising approximately

20 75,000 acres, as generally depicted on a map enti21 tled ‘‘McIntire Natural Area—Proposed’’, dated

22 March 1994.

23 (b) MAPS AND BOUNDARY DESCRIPTIONS.—The Sec24 retary shall file a map and boundary description for each

25 area referred to in this section with the Committee on En-
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1 ergy and Natural Resources, United States Senate, and

2 the Committee on Natural Resources, United States

3 House of Representatives, and each such map and bound4 ary description shall have the same force and effect as if

5 included in this Act: Provided, That the Secretary may

6 correct clerical and typographical errors in such maps and

7 boundary descriptions. Each such map and boundary de8 scription shall be on file and available for public inspection

9 in the office of the Chief of the Forest Service and the

10 office of the Regional Forester of the Northern Region.

11 (c) MANAGEMENT.—(1) Except as otherwise may be

12 provided in this subsection, the Secretary shall administer

13 the areas designated in subsection (a) so as to achieve the

14 purposes of their designation and in accordance with the

15 laws and regulations applicable to the National Forest

16 System.

17 (2) Subject to valid existing rights, all federally

18 owned lands within the areas designated in subsection (a)

19 are hereby withdrawn from all forms of entry, appropria20 tion and disposal under the mining and public land laws,

21 and disposition under the geothermal and mineral leasing

22 laws.

23 (3) Commercial timber harvesting is prohibited in the

24 areas designated by this section with the following excep25 tions:
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1 (A) Nothing in this Act shall preclude such

2 measures which the Secretary, in his discretion,

3 deems necessary in the event of fire, or infestation

4 of insects or disease.

5 (B) Fuel wood, post and pole gathering may be

6 permitted.

7 (C) Commercial timber harvesting may be per8 mitted in the Hyalite National Recreation and Edu9 cation Area, and the McIntire Natural Area but

10 must be compatible with the purposes of its designa11 tion.

12 (4) Where the Secretary determines that such use is

13 compatible with the purposes for which an area is des14 ignated, the use of motorized equipment may be permitted

15 in the areas subject to applicable law and applicable land

16 and resource management plans.

17 (5) The grazing of livestock, where established prior

18 to the date of enactment of this Act may be permitted

19 to continue subject to applicable law and regulations of

20 the Secretary.

21 (d) NATIONAL EDUCATION AND RECREATION AREAS

22 AND NATURAL AREAS.—(1) The Secretary shall manage

23 the Mount Helena and Hyalite National Education and

24 Recreation Areas with a focus on education. All manage25 ment activities shall be conducted in a manner that pro-
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1 vides the public with an opportunity to become better in2 formed about natural resource protection and manage3 ment.

4 (2) The Secretary shall manage the LeBeau,

5 McIntire and Ross Creek Cedars Natural Areas for the

6 enhancement of biodiversity and scientific study. These

7 forests’ unique natural qualities are to be the focus of the

8 area’s management.

9 (e) LAND AND RESOURCE MANAGEMENT PLANS.—

10 (1) Those areas established pursuant to subsection (a)

11 shall be administered as components of the national for12 ests wherein they are located. Land and resource manage13 ment plans for the affected national forests prepared in

14 accordance with the Forest and Rangeland Renewable Re15 sources Planning Act, as amended by the National Forest

16 Management Act, shall be amended to be consistent with

17 the purposes for which the areas are designated. The pro18 visions of the national forest land and resource manage19 ment plan, relating to each area designated by this sec20 tion, shall also be available to the public in a document

21 separate from the rest of the forest plan.

22 (2) The Secretary shall manage the McIntire Natural

23 Area with the goal of managing the Area to develop and

24 test new management approaches that achieve ecological

25 health. Management activities should be focused on im-
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1 proving water quality, riparian area condition, and stream

2 channel stability. The emphasis will be on testing and eval3 uating ecosystem management approaches. Timber har4 vest activities that minimize soil effects and impacts to

5 residual vegetation may be allowed. Silvicultural prescrip6 tions will emphasize structural and vegetative diversity

7 within stands, as distinguished from even-age manage8 ment prescriptions as a usual treatment. Development of

9 late-successional forests will be emphasized on portions of

10 the Natural Area.

11 SEC. 6. WILDERNESS STUDY AREAS.

12 (a) DESIGNATION.—The following areas are hereby

13 designated as wilderness study areas and shall be man14 aged in accordance with the provisions of this section:

15 (1) Certain lands on the Gallatin National For16 est, comprising approximately 21,500 acres, as gen17 erally depicted on a map entitled ‘‘Sawtooth Moun18 tain Wilderness Study Area—Proposed’’, dated Sep19 tember 1992.

20 (2) Certain lands in the Lolo National Forest

21 which comprise approximately 22,000 acres, as gen22 erally depicted on a map entitled ‘‘Sheep Mountain

23 Wilderness Study Area—Proposed’’, dated Novem24 ber 1991.
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1 (3) Certain lands in the Lewis and Clark and

2 Gallatin National Forests, which comprise approxi3 mately 111,700 acres, as generally depicted on a

4 map entitled ‘‘Crazy Mountain Wilderness Study

5 Area—Proposed’’, dated October 1992. The Forest

6 Service shall complete a study of public and private

7 land consolidation alternatives for this area which

8 shall be submitted to the appropriate committees of

9 Congress 2 years after the date of the enactment of

10 this Act.

11 (4) Certain lands in the Gallatin National For12 est, which comprise approximately 4,500 acres, as

13 generally depicted on a map entitled ‘‘South Cotton14 wood Wilderness Study Area—Proposed,’’ dated

15 September, 1992, and shall be managed as part of

16 the Gallatin Wilderness Study Area in accordance

17 with Public Law 95–150.

18 (5) Certain lands in the Lewis and Clark Na19 tional Forest which comprise approximately 94,000

20 acres, as generally depicted on a map entitled ‘‘Ten21 derfoot-Deep Creek Wilderness—Proposed’’, dated

22 March 1994.

23 (b) REPORT.—When the forest plans are revised, the

24 Secretary shall submit a report to the Committee on En25 ergy and Natural Resources of the United States Senate
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1 and the Committee on Natural Resources of the United

2 States House of Representatives containing recommenda3 tions as to whether the areas designated in subsection (a)

4 should be added as components of the National Wilderness

5 Preservation System.

6 (c) MANAGEMENT.—Subject to valid existing rights,

7 the wilderness study areas designated in subsection (a)

8 shall be managed to protect their suitability for inclusion

9 in the National Wilderness Preservation System.

10 (d) MAPS.—The Secretary shall file a map and

11 boundary description for each area referred to in this sec12 tion with the Committee on Natural Resources, United

13 States House of Representatives, and the Committee on

14 Energy and Natural Resources, United States Senate, and

15 each such map and boundary description shall have the

16 same force and effect as if included in this Act: Provided,

17 That correction of clerical and typographical errors in

18 these maps may be made. Each map and boundary de19 scription shall be on file and available for public inspection

20 in the office of the Chief of the Forest Service and the

21 Regional Forester of the Northern Region.

22 SEC. 7. BADGER-TWO MEDICINE AREA.

23 (a) WITHDRAWAL.—(1) Subject to valid existing

24 rights including rights held by the Blackfeet Nation under

25 existing treaties and statute, all federally owned lands as
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1 depicted on a map entitled ‘‘Badger-Two Medicine Area’’,

2 dated September 1991, comprising approximately 116,600

3 acres, are withdrawn from all forms of entry, appropria4 tion, and disposal under the mining and public land laws

5 and from disposition under the geothermal and mineral

6 leasing laws. Until otherwise directed by Congress, the

7 Secretary shall manage this area so as to protect its wil8 derness qualities.

9 (2) Nothing in this section shall preclude the gather10 ing of timber by the Blackfeet Nation in exercise of and

11 consistent with valid treaty rights within the Badger-Two

12 Medicine Area.

13 (3)(A) With respect to oil and gas leases on Federal

14 lands within the Badger-Two Medicine Area, no surface

15 disturbance shall be permitted pursuant to such leases

16 until Congress determines otherwise.

17 (B) Notwithstanding any other law, the term of any

18 oil and gas lease subject to the limitations imposed by this

19 section shall be extended for a period of time equal to the

20 term that such limitation remains in effect.

21 (b) REVIEW.—The Secretary shall conduct a review

22 of the area referred to in subsection (a) as to its availabil23 ity for inclusion in the National Wilderness Preservation

24 System and in accordance with the provisions of this sub25 section. Not later than 5 years after the date of enactment
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1 of this Act, the Secretary shall report to Congress. In con2 ducting this review:

3 (1) The Secretary shall establish a committee

4 composed of 2 representatives from the Blackfeet

5 Nation, as well as one representative from the Na6 tional Park Service, one representative from the

7 Forest Service, and representatives of various con8 cerned user groups, including proportional represen9 tation for environmental groups, industry groups

10 and other interested parties. The Committee shall

11 not exceed eleven members. The Blackfeet Tribal

12 Business Council shall choose the 2 Tribal rep13 resentatives. The Blackfeet Tribal Business Council

14 shall conduct a public meeting to receive rec15 ommendations of the community regarding the selec16 tion of these members. The committee shall regu17 larly advise the Secretary during the preparation of

18 the report required in this subsection and submit its

19 findings to Congress concurrently with those of the

20 Secretary.

21 (2) Special consideration shall be given to the

22 religious, wilderness and wildlife uses of the area,

23 taking into account any treaties the United States

24 has entered into with the Blackfeet Nation.
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1 (3) In consultation with the committee, the Sec2 retary shall establish a process to provide informa3 tion to the Blackfeet Nation and interested public

4 about options for future designation of the Badger5 Two Medicine Area.

6 (c) RIGHTS.—Nothing in this section shall be con7 strued to diminish, prejudice, add to, or otherwise affect

8 the treaty rights of the Blackfeet Nation or the rights of

9 the United States.

10 (d) MAP AND BOUNDARY DESCRIPTION.—(1) The

11 Secretary shall file a map and boundary description of the

12 area designated by this section with the Committee on En13 ergy and Natural Resources, United States Senate and

14 Committee on Natural Resources of the United States

15 House of Representatives and such map and boundary de16 scription shall have the same force and effect as if in17 cluded in this Act.

18 (2) The Secretary may correct clerical and typo19 graphical errors in the map and boundary description sub20 mitted pursuant to this section.

21 (3) The map and boundary description referred to in

22 this section shall be on file and available for public inspec23 tion in the office of the Chief of the Forest Service and

24 the office of the Regional Forester of the Northern Re25 gion.
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1 SEC. 8. LANDS ADMINISTERED BY BUREAU OF LAND MAN2 AGEMENT.

3 (a) FINDINGS.—The Congress has reviewed the suit4 ability of a portion of the Axolotl Lakes Wilderness Study

5 Area (MT–076–069, BLM Wilderness Study Number) as

6 generally depicted on a map entitled ‘‘Released portion of

7 Axolotl Lakes WSA’’, dated September 1992, for wilder8 ness designation and finds that this portion has been suffi9 ciently studied for wilderness pursuant to section 603 of

10 the Federal Land Policy and Management Act of 1976

11 (43 U.S.C. 1782).

12 (b) DIRECTION.—The area described in subsection

13 (a) shall no longer be subject to the requirement of section

14 603(c) of the Federal Land Policy and Management Act

15 of 1976 pertaining to management in a manner that does

16 not impair suitability for preservation as wilderness.

17 (c) ADMINISTRATIVE JURISDICTION.—Those lands

18 designated as wilderness pursuant to section 3(a) of this

19 Act, which, as of the date of enactment of this Act, are

20 administered by the Secretary of the Interior as public

21 lands (as defined in the Federal Land Policy and Manage22 ment Act of 1976), are hereby transferred to the jurisdic23 tion of the Secretary of Agriculture, and shall be added

24 to and managed as part of the National Forest System,

25 and the boundaries of the adjacent National Forests are

26 hereby modified to include such lands.
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1 (d) LAND AND WATER CONSERVATION FUND.—For

2 purposes of section 7 of the Land and Water Conservation

3 Fund Act of 1965 (16 U.S.C. 4601–9), the boundaries

4 of affected National Forests, as modified by this section,

5 shall be considered to be the boundaries of such National

6 Forests as if they were the boundaries of the National

7 Forests as of January 1, 1965. Money appropriated from

8 the Land and Water Conservation Fund shall be available

9 for the acquisition of lands, waters, and interests therein

10 in furtherance of the purposes of this Act.

11 SEC. 9. MONTANA ECOSYSTEM AND ECONOMICS STUDY.

12 (a) DEFINITIONS.—For the purposes of this section:

13 (1) The term ‘‘ecosystem’’ means a dynamic

14 complex of plant, animal and microorganism commu15 nities and their nonliving environment interacting as

16 a functional unit.

17 (2) The term ‘‘Northern Rockies’’ means Fed18 eral lands and resources in the State of Montana.

19 (3) The term ‘‘Panel’’ means the independent

20 scientific panel for the study of the Northern Rock21 ies ecosystem established under subsection (b).

22 (b) INDEPENDENT SCIENTIFIC PANEL FOR THE

23 STUDY OF THE NORTHERN ROCKIES ECOSYSTEM.—

24 (1) ESTABLISHMENT.—The President shall es25 tablish an independent scientific panel for the study
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1 of the Northern Rockies. The Panel shall conduct

2 the study and submit the reports and recommenda3 tions required by subsection (c).

4 (2) MEMBERSHIP.—(A) The Panel established

5 under this subsection shall be composed of 11 mem6 bers, appointed by the President, from a list of can7 didates to be developed and submitted to the Presi8 dent by the National Academy of Sciences and lists

9 from well-established professional societies with an

10 interest in the environmental sciences.

11 (B) Each member of the Panel shall be a recog12 nized expert in the field for which the member is

13 considered for appointment and shall be free of eco14 nomic conflict of interest with regard to the subject

15 of this section. Each member also shall have re16 search experience in the Northern Rockies region or

17 otherwise be familiar with the issues and ecology of

18 the region. As a whole, membership of the Panel

19 shall represent an appropriately broad diversity of

20 disciplines, and members shall have recognized expe21 rience in natural sciences, economics, and adminis22 trative policy.

23 (C) The list of candidates provided by the Na24 tional Academy of Sciences shall consist of at least
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1 twice as many nominees as positions available in

2 each category specified in this section.

3 (D) The Panel shall work cooperatively with all

4 relevant State and Federal agencies, university re5 search stations and departments, and Indian tribes.

6 (E) The Panel may establish, at its discretion,

7 such subregional review teams and working groups

8 as it deems necessary to complete its tasks in a

9 timely and professional manner.

10 (3) PAY AND EXPENSES.—(A) Except as pro11 vided in subparagraph (B), members of the Panel

12 established under this subsection shall each be paid

13 at a rate not to exceed, and consistent with, the rate

14 paid to employees of the United States performing

15 similar duties and with similar qualifications for

16 each day (including travel time) during which they

17 are engaged in the actual performance of duties

18 vested in the Panel. While away from their homes or

19 regular places of business in the performance of

20 services for the Panel, members of the Panel shall

21 be allowed travel expenses, including per diem in lieu

22 of subsistence, in the same manner as persons em23 ployed intermittently in Government service are al24 lowed expenses under section 5703 of title 5, United

25 States Code.
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1 (B) Other than reimbursement of expenses pur2 suant to subparagraph (A), members of the Panel

3 who are full-time officers or employees of the United

4 States shall receive no additional pay, allowances, or

5 benefits by reason of their service on the Panel.

6 (4) CHAIRPERSON.—The Chairperson of the

7 Panel shall be appointed by the President.

8 (5) AGENCY ASSISTANCE.—Upon request of the

9 Panel, the head of any Federal agency shall provide

10 facilities, equipment, personnel, and other types of

11 support to the Panel to assist the Panel in carrying

12 out its duties under this Act.

13 (6) TERMINATION.—The Panel shall terminate

14 30 days after the submission of the final report

15 under subsection (c).

16 (c) STUDY OF ECOSYSTEMS MANAGEMENT OF THE

17 NORTHERN ROCKIES.—

18 (1) STUDY.—(A) The Panel shall define the

19 boundaries of, and map, the ecosystems of the

20 Northern Rockies, including any corridors the Panel

21 deems necessary to connect isolated ecosystems. In

22 making the determination of ecosystem boundaries,

23 the Panel shall consider—

24 (i) restoration and maintenance of natural

25 biological diversity;
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1 (ii) productivity on a long-term, sustain2 able basis of essential natural ecological ele3 ments, functions, and successional processes;

4 (iii) preservation of the integrity of genetic

5 stocks of native communities of plants and ani6 mals, with an emphasis on areas of high species

7 richness and endemism;

8 (iv) restoration or maintenance or protec9 tion of high water quality instream flows and

10 watersheds (or riparian areas) sufficient to pro11 tect fish and wildlife;

12 (v) maintaining biological connectivity be13 tween and among physiographic provinces; and

14 (vi) maintenance of long-term, sustainable

15 outputs of economically valuable natural re16 sources.

17 (B)(i) The Panel shall define the essential man18 agement purpose and biological function and desired

19 condition of the ecosystems defined under subpara20 graph (A). In conjunction with carrying out sub21 paragraph (A), the Panel shall assess the ecological

22 status and trends, including, where appropriate, lev23 els of risks associated with applicable management

24 alternatives of water quality, riparian areas, and

25 fisheries; uncommon, rare, threatened, and endan-
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1 gered species; rangelands; soils; and late successional

2 old growth forest.

3 (ii) The Panel shall analyze the timber quan4 tity, quality, and growth on the existing timber base

5 as well as the success of reforestation in the region

6 to date, probable rates of reforestation success in the

7 future, and their effect on timber supply and related

8 issues.

9 (C) The Panel shall gather and display in a

10 useful form biological data from each of the

11 ecosystems defined under subparagraph (A).

12 (D) The Panel shall identify gaps in important

13 research areas and contract for or otherwise obtain

14 research necessary in the short term to accomplish

15 the duties of the Panel under this section.

16 (E) The Panel shall analyze Federal land own17 ership patterns and associated Federal land manage18 ment mandates and practices within the ecosystems

19 identified in subparagraph (A) and identify those

20 mandates and practices which are inconsistent or in21 compatible with ecosystem management levels of risk

22 identified under subparagraph (B).

23 (F) The Panel shall identify opportunities to

24 encourage sustainable economic use of the natural

25 resources of the ecosystems identified by the Panel
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1 and the sustainable economic outputs identified in

2 subparagraph (A)(vi), in a manner consistent with

3 the goals and purposes of those ecosystems. Special

4 emphasis shall be placed on the identification of op5 portunities for the maintenance and growth of small

6 businesses and the establishment of new small busi7 nesses consistent with the goals and purposes of

8 those ecosystems. In making these recommendations,

9 the Panel should consider opportunities to improve

10 environmental conditions that could permit an ex11 pansion of the sustainable contribution of commodity

12 and noncommodity uses and outputs of natural re13 sources, including but not limited to each of the fol14 lowing:

15 (i) Increasing desirable natural vegetative

16 growth through reforestation with native spe17 cies, thinning and other timber stand modifica18 tions, prescribed burning, and seeding or plant19 ing native grasses, forbs, and shrubs.

20 (ii) Improving the quality of other biologi21 cal resources (such as species diversity and ani22 mal populations) through habitat restoration,

23 extended timber rotations, alternative timber

24 harvesting and bidding systems, and different
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1 standards and methods for road construction,

2 maintenance, closure, and eradication.

3 (iii) Enhancing the quality of non-biologi4 cal resources (such as recreation trails and de5 velopments, watersheds and streams), through

6 site restoration and rehabilitation, demand

7 management (such as user regulation and en8 forcement, marketing to shift timing and loca9 tion of uses) and investment in recreational use.

10 (2) RECOMMENDATIONS.—The Panel shall sub11 mit recommendations on each of the following:

12 (A) Specific, implementable steps for man13 agement of the ecosystems defined under para14 graph (1)(A), including removal of inconsistent

15 or incompatible mandates and practices identi16 fied under paragraph (1)(E).

17 (B) Ways to better monitor the resources

18 within the ecosystems.

19 (C) Ways to create or improve direct co20 operation between scientists both within and

21 without the Federal Government and Federal

22 land managers.

23 (D) Methods, including incentives by which

24 State and private landowners might coopera25 tively manage their lands in a manner compat-
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1 ible with Federal lands located within the

2 ecosystems.

3 (E) Other institutional or legislative

4 changes the Panel determines will promote

5 sound ecosystem management.

6 (3) REPORTS.—(A) Not later than 6 months

7 after the date of enactment of this Act, the Panel

8 shall submit an interim report to the President and

9 the Congress. The report shall discuss the progress

10 of the Panel in carrying out this section and shall

11 include—

12 (i) a description of any ecosystems defined

13 and mapped under paragraph (1)(A) and (B);

14 (ii) summaries of the biological data gath15 ered to date under paragraph (1)(C); and

16 (iii) the additional research obtained under

17 paragraph (1)(D).

18 (B) Not later than 30 months after the date of

19 enactment of this Act, the Panel shall submit a final

20 report to the President and the Congress which con21 tains a description of its activities under this section

22 and includes the findings, analyses, and rec23 ommendations made under this section.

24 (C) The reports submitted to the Congress

25 under this paragraph shall be submitted to the Com-
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1 mittee on Natural Resources and the Committee on

2 Merchant Marine and Fisheries of the House of

3 Representatives and the Committee on Energy and

4 Natural Resources of the Senate.

5 (d) PANEL ACTIVITIES ON PRIVATE AND OTHER

6 NON-FEDERAL LANDS.—

7 (1) COMPLIANCE WITH STATE LAWS.—The

8 Panel shall comply with applicable State and tribal

9 government laws, including laws relating to private

10 property rights and privacy.

11 (2) CONSENT AND NOTICE REQUIREMENTS.—

12 (A) IN GENERAL.—The Panel shall not

13 enter non-Federal real property for the purpose

14 of collecting information regarding the prop15 erty, unless the owner of the property has—

16 (i) consented in writing to that entry;

17 (ii) after providing that consent, been

18 provided notice of that entry; and

19 (iii) been notified that any raw data

20 collected from the property must be made

21 available at no cost, if requested by the

22 land owner.

23 (B) LIMITATION.—Subparagraph (A) does

24 not prohibit entry of property for the purpose
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1 of obtaining consent or providing notice as re2 quired by that subparagraph.

3 (3) REPORT TO CONGRESS.—On January 1,

4 1996, the Panel shall submit a report to the Con5 gress. The report shall identify all activities of the

6 Panel on non-Federal lands and shall certify compli7 ance with paragraph (2)(A).

8 (4) POLICY ON ACCESS TO PRIVATE AND NON9 FEDERAL LANDS.—Within 6 months after the date

10 of the enactment of this Act, the Panel shall develop

11 and submit to the Congress a policy for employees

12 and agents of the Panel to follow in order to help

13 ensure compliance with paragraph (2)(A).

14 (5) PANEL DEFINED.—In this subsection, the

15 term ‘‘Panel’’ includes any person that is an officer,

16 employee, or agent of the Panel, including any such

17 person acting pursuant to a contract or cooperative

18 agreement with or any grant from the Panel.

19 SEC. 10. MISCELLANEOUS PROVISIONS.

20 (a) REDESIGNATION.—(1) Those lands comprising

21 the Rattlesnake National Recreation Area and Wilderness,

22 as designated in Public Law 96–476 are hereby redesig23 nated as the ‘‘Rattlesnake National Education and Recre24 ation Area and Wilderness’’.
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1 (2) Those lands comprising 200 acres, as generally

2 depicted on a map entitled ‘‘West Pioneers Study Dele3 tion—Proposed’’, are hereby released from study under

4 Public Law 95–150.

5 (b) WITHDRAWAL.—(1) Those lands comprising ap6 proximately 27,000 acres, as generally depicted on a map

7 entitled ‘‘Gibson Reservoir Mineral Withdrawal Area—

8 Proposed’’, dated October 1992, are hereby withdrawn

9 from all forms of entry, appropriation and disposal under

10 the mining and public land laws, and disposition under

11 the geothermal and mineral leasing laws.

12 (2) The Secretary shall file a map and boundary de13 scription of the area designated by this subsection with

14 the committees identified in this subsection and such map

15 and boundary description shall have the same force and

16 effect as if included in this Act.

17 (3) The Secretary may correct clerical and typo18 graphical errors in the map and boundary description sub19 mitted pursuant to this subsection.

20 (4) The map and boundary description referred to in

21 this subsection shall be on file and available for public in22 spection in the office of the Chief of the Forest Service

23 and the office of the Regional Forester of the Northern

24 Region.
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1 (c) ACREAGES.—All acreages cited in this Act are ap2 proximate and in the event of discrepancies between cited

3 acreage and the lands depicted on referenced maps, the

4 maps shall control.

5 (d) ACCESS.—It is the policy of Congress that the

6 Forest Service affirm or acquire and maintain reasonable

7 public access to National Forest System lands in the State

8 of Montana.

9 (e) SCAPEGOAT AND GREAT BEAR WILDERNESS

10 NAMES.—In order to consolidate existing contiguous wil11 derness areas, those lands comprising the Great Bear Wil12 derness Area designated by Public Law 95–946 and any

13 amendments thereto and the Scapegoat Wilderness Area

14 designated by Public Law 92–395 and any amendments

15 thereto are hereby incorporated in and deemed to be a

16 part of the Bob Marshall Wilderness. The designations of

17 the Great Bear Wilderness and Scapegoat Wilderness

18 shall refer to units within the Bob Marshall Wilderness.

19 SEC. 11. WILDERNESS REVIEW.

20 (a) FINDINGS.—The Congress finds that—

21 (1) the Department of Agriculture has studied

22 the suitability of roadless areas for inclusion in the

23 National Wilderness Preservation System; and

24 (2) the Congress has made its own review and

25 examination of National Forest System roadless
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1 areas in the State of Montana and the environ2 mental impacts associated with nonwilderness man3 agement of such areas.

4 (b) RELEASE.—Those National Forest System lands

5 in the State of Montana which were not designated as wil6 derness, special management, national recreation, or wil7 derness study areas by this Act or Public Law 95–150

8 shall be managed for multiple use in accordance with land

9 and resource management plans developed pursuant to

10 section 6 of the Forest and Rangeland Renewable Re11 sources Planning Act of 1974, as amended by the National

12 Forest Management Act of 1976, and other applicable

13 law, and those areas need not be managed for the purpose

14 of protecting their suitability for wilderness designation

15 prior to or during revision of land and resource manage16 ment plans.

17 (c) PLAN REVISIONS.—In the event that revised land

18 management plans in the State of Montana are imple19 mented pursuant to section 6 of the Forest and Rangeland

20 Renewable Resources Planning Act of 1974, as amended

21 by the National Forest Management Act of 1976, and

22 other applicable law, areas not recommended for wilder23 ness designation, need not be managed for the purpose

24 of protecting their suitability for wilderness designation

25 prior to or during revision of such plans, and areas rec-
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1 ommended for wilderness designation shall be managed for

2 the purpose of protecting their suitability for wilderness

3 designation.

4 (d) FURTHER REVIEW.—Unless expressly authorized

5 by Congress, the Department of Agriculture shall not con6 duct any further statewide roadless area review and eval7 uation of National Forest System lands in the State of

8 Montana for the purpose of determining their suitability

9 for inclusion in the National Wilderness Preservation Sys10 tem.

11 (e) PREVIOUS PLANS.—Except as specifically pro12 vided in section 3, 5, 6, and 7 of this Act and in Public

13 Law 95–150, with respect to the National Forest System

14 lands in the State of Montana which were reviewed by the

15 Department of Agriculture under Public Law 94–557, the

16 unit plans that were in effect prior to completion of RARE

17 II, the 1978 Forest Plan for the Beaverhead National

18 Forest, that such reviews shall be deemed an adequate

19 consideration of the suitability of such lands for inclusion

20 in the National Wilderness Preservation System, and the

21 Department of Agriculture shall not be required to review

22 the wilderness option prior to the revision of the land and

23 resource management plans.

24 (f) REVISIONS.—As used in this section, and as pro25 vided in section 6 of the Forest and Rangeland Renewable
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1 Resources Planning Act, as amended by the National For2 eign Management Act, the term ‘‘revision’’ shall not in3 clude an amendment to a land and resource management

4 plan.

5 (g) SIZE.—The provisions of this section also shall

6 apply to those National Forest System roadless lands in

7 the State of Montana which are less than 5,000 acres in

8 size.

9 SEC. 12. COMPLIANCE WITH BUY AMERICAN ACT.

10 None of the funds made available in this Act may

11 be expended in violation of sections 2 through 4 of the

12 Act of March 3, 1933 (41 U.S.C. 10a–10c, popularly

13 known as the ‘‘Buy American Act’’), which are applicable

14 to those funds.

15 SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

16 There are authorized to be appropriated such sums

17 as are necessary to carry out this Act.

Passed the House of Representatives May 17, 1994.

Attest: DONNALD K. ANDERSON,

Clerk.

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