S 1774 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 1774CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

November 1, 2011CommentsClose CommentsPermalink

Mr. BAUCUS introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Rocky Mountain Front Heritage Act of 2011’.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) CONSERVATION MANAGEMENT AREA- The term ‘Conservation Management Area’ means the Rocky Mountain Front Conservation Management Area established by section 3(a)(1).CommentsClose CommentsPermalink





(2) DECOMMISSION- The term ‘decommission’ means--CommentsClose CommentsPermalink





(A) to reestablish vegetation on a road; andCommentsClose CommentsPermalink





(B) to restore any natural drainage, watershed function, or other ecological processes that are disrupted or adversely impacted by the road by removing or hydrologically disconnecting the road prism.CommentsClose CommentsPermalink





(3) DISTRICT- The term ‘district’ means the Rocky Mountain Ranger District of the Lewis and Clark National Forest.CommentsClose CommentsPermalink





(4) MAP- The term ‘map’ means the map entitled ‘Rocky Mountain Front Heritage Act’ and dated October 27, 2011.CommentsClose CommentsPermalink





(5) NONMOTORIZED RECREATION TRAIL- The term ‘nonmotorized recreation trail’ means a trail designed for hiking, bicycling, or equestrian use.CommentsClose CommentsPermalink





(6) SECRETARY- The term ‘Secretary’ means--CommentsClose CommentsPermalink





(A) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; andCommentsClose CommentsPermalink





(B) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior.CommentsClose CommentsPermalink





(7) STATE- The term ‘State’ means the State of Montana.CommentsClose CommentsPermalink

SEC. 3. ROCKY MOUNTAIN FRONT CONSERVATION MANAGEMENT AREA.

(a) Establishment-CommentsClose CommentsPermalink





(1) IN GENERAL- There is established the Rocky Mountain Front Conservation Management Area in the State.CommentsClose CommentsPermalink





(2) AREA INCLUDED- The Conservation Management Area shall consist of approximately 195,073 acres of Federal land managed by the Forest Service and 13,087 acres of Federal land managed by the Bureau of Land Management in the State, as generally depicted on the map.CommentsClose CommentsPermalink





(3) INCORPORATION OF ACQUIRED LAND AND INTERESTS- Any land or interest in land that is located in the Conservation Management Area and is acquired by the United States from a willing seller shall--CommentsClose CommentsPermalink





(A) become part of the Conservation Management Area; andCommentsClose CommentsPermalink





(B) be managed in accordance with--CommentsClose CommentsPermalink





(i) in the case of land managed by the Forest Service--CommentsClose CommentsPermalink





(I) the Act of March 1, 1911 (commonly known as the ‘Weeks Law’) (16 U.S.C. 552 et seq.); andCommentsClose CommentsPermalink





(II) any laws (including regulations) applicable to the National Forest System;CommentsClose CommentsPermalink





(ii) in the case of land managed, by the Bureau of Land Management, the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);CommentsClose CommentsPermalink





(iii) this section; andCommentsClose CommentsPermalink





(iv) any other applicable law (including regulations).CommentsClose CommentsPermalink





(b) Purposes- The purposes of the Conservation Management Area are to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the recreational, scenic, historical, cultural, fish, wildlife, roadless, and ecological values of the Conservation Management Area.CommentsClose CommentsPermalink





(c) Management-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall manage the Conservation Management Area--CommentsClose CommentsPermalink





(A) in a manner that conserves, protects, and enhances the resources of the Conservation Management Area; andCommentsClose CommentsPermalink





(B) in accordance with--CommentsClose CommentsPermalink





(i) the laws (including regulations) and rules applicable to the National Forest System for land managed by the Forest Service;CommentsClose CommentsPermalink





(ii) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) for land managed by the Bureau of Land Management;CommentsClose CommentsPermalink





(iii) this section; andCommentsClose CommentsPermalink





(iv) any other applicable law (including regulations).CommentsClose CommentsPermalink





(2) USES-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary shall only allow such uses of the Conservation Management Area that the Secretary determines would further the purposes described in subsection (b).CommentsClose CommentsPermalink





(B) MOTORIZED VEHICLES-CommentsClose CommentsPermalink





(i) IN GENERAL- The use of motorized vehicles in the Conservation Management Area shall be permitted only on existing roads, trails, and areas designated for use by such vehicles as of the date of enactment of this Act.CommentsClose CommentsPermalink





(ii) EXCEPTIONS- Nothing in clause (i) prevents the Secretary from--CommentsClose CommentsPermalink





(I) rerouting or closing an existing road or trail to protect natural resources from degradation, as determined to be appropriate by the Secretary;CommentsClose CommentsPermalink





(II) constructing a temporary road on which motorized vehicles are permitted as part of a vegetation management project in any portion of the Conservation Management Area located not more than 1/4 mile from the Teton Road, South Teton Road, Sun River Road, Beaver Willow Road, or Benchmark Road;CommentsClose CommentsPermalink





(III) authorizing the use of motorized vehicles for administrative purposes (including noxious weed eradication or grazing management); orCommentsClose CommentsPermalink





(IV) responding to an emergency.CommentsClose CommentsPermalink





(iii) TEMPORARY ROADS- The Secretary shall decommission any temporary road constructed under clause (ii)(II) not later than 3 years after the date on which the applicable vegetation management project is completed.CommentsClose CommentsPermalink





(C) GRAZING- The Secretary shall permit grazing within the Conservation Management Area, if established on the date of enactment of this Act--CommentsClose CommentsPermalink





(i) subject to--CommentsClose CommentsPermalink





(I) such reasonable regulations, policies, and practices as the Secretary determines appropriate; andCommentsClose CommentsPermalink





(II) all applicable laws; andCommentsClose CommentsPermalink





(ii) in a manner consistent with the purposes described in subsection (b).CommentsClose CommentsPermalink





(D) VEGETATION MANAGEMENT- Nothing in this Act prevents the Secretary from conducting vegetation management projects within the Conservation Management Area--CommentsClose CommentsPermalink





(i) subject to--CommentsClose CommentsPermalink





(I) such reasonable regulations, policies, and practices as the Secretary determines appropriate; andCommentsClose CommentsPermalink





(II) all applicable laws (including regulations); andCommentsClose CommentsPermalink





(ii) in a manner consistent with the purposes described in subsection (b).CommentsClose CommentsPermalink

SEC. 4. DESIGNATION OF WILDERNESS ADDITIONS.

(a) In General- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following Federal land in the State is designated as wilderness and as additions to existing components of the National Wilderness Preservation System:CommentsClose CommentsPermalink





(1) BOB MARSHALL WILDERNESS- Certain land in the Lewis and Clark National Forest, comprising approximately 50,401 acres, as generally depicted on the map, which shall be added to and administered as part of the Bob Marshall Wilderness designated under section 3 of the Wilderness Act (16 U.S.C. 1132).CommentsClose CommentsPermalink





(2) SCAPEGOAT WILDERNESS- Certain land in the Lewis and Clark National Forest, comprising approximately 16,711 acres, as generally depicted on the map, which shall be added to and administered as part of the Scapegoat Wilderness designated by the first section of Public Law 92-395 (16 U.S.C. 1132 note).CommentsClose CommentsPermalink





(b) Management of Wilderness Additions- Subject to valid existing rights, the land designated as wilderness additions by subsection (a) shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be deemed to be a reference to the date of the enactment of this Act.CommentsClose CommentsPermalink





(c) Livestock- The grazing of livestock and the maintenance of existing facilities relating to grazing in the wilderness additions designated by this section, if established before the date of enactment of this Act, shall be permitted to continue in accordance with--CommentsClose CommentsPermalink





(1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); andCommentsClose CommentsPermalink





(2) the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96-617).CommentsClose CommentsPermalink





(d) Wildfire, Insect, and Disease Management- In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), within the wilderness additions designated by this section, the Secretary may take any measures that the Secretary determines to be necessary to control fire, insects, and diseases, including, as the Secretary determines appropriate, the coordination of those activities with a State or local agency.CommentsClose CommentsPermalink





(e) Adjacent Management-CommentsClose CommentsPermalink





(1) IN GENERAL- The designation of a wilderness addition by this section shall not create any protective perimeter or buffer zone around the wilderness area.CommentsClose CommentsPermalink





(2) NONWILDERNESS ACTIVITIES- The fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness addition designated by this section shall not preclude the conduct of those activities or uses outside the boundary of the wilderness area.CommentsClose CommentsPermalink





(f) Overflights- Nothing in this Act shall be construed to restrict or preclude overflights, including low-level overflights, including military, commercial, and general aviation overflights that can be seen or heard within wilderness or the Conservation Management Area.CommentsClose CommentsPermalink

SEC. 5. MAPS AND LEGAL DESCRIPTIONS.

(a) In General- As soon as practicable after the date of enactment of this Act, the Secretary shall prepare maps and legal descriptions of the Conservation Management Area and the wilderness additions designated by sections 3 and 4, respectively.CommentsClose CommentsPermalink





(b) Force of Law- The maps and legal descriptions prepared under subsection (a) shall have the same force and effect as if included in this Act, except that the Secretary may correct typographical errors in the map and legal descriptions.CommentsClose CommentsPermalink





(c) Public Availability- The maps and legal descriptions prepared under subsection (a) shall be on file and available for public inspection in the appropriate offices of the Forest Service and Bureau of Land Management.CommentsClose CommentsPermalink

SEC. 6. NOXIOUS WEED MANAGEMENT.

(a) In General- Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall prepare a comprehensive management strategy for preventing, controlling, and eradicating noxious weeds in the district.CommentsClose CommentsPermalink





(b) Contents- The management strategy shall--CommentsClose CommentsPermalink





(1) include recommendations to protect wildlife, forage, and other natural resources in the district from noxious weeds;CommentsClose CommentsPermalink





(2) identify opportunities to coordinate noxious weed prevention, control, and eradication efforts in the district with State and local agencies, Indian tribes, nonprofit organizations, and others;CommentsClose CommentsPermalink





(3) identify existing resources for preventing, controlling, and eradicating noxious weeds in the district;CommentsClose CommentsPermalink





(4) identify additional resources that are appropriate to effectively prevent, control, or eradicate noxious weeds in the district; andCommentsClose CommentsPermalink





(5) identify opportunities to coordinate with county weed districts in Glacier, Pondera, Teton, and Lewis and Clark Counties in the State to apply for grants and enter into agreements for noxious weed control and eradication projects under the Noxious Weed Control and Eradication Act of 2004 (7 U.S.C. 7781 et seq.).CommentsClose CommentsPermalink





(c) Consultation- In developing the management strategy required under subsection (a), the Secretary shall consult with--CommentsClose CommentsPermalink





(1) the Secretary of the Interior;CommentsClose CommentsPermalink





(2) appropriate State, tribal, and local governmental entities; andCommentsClose CommentsPermalink





(3) members of the public.CommentsClose CommentsPermalink

SEC. 7. NONMOTORIZED RECREATION OPPORTUNITIES.

Not later than 2 years after the date of enactment of this Act, the Secretary of Agriculture, in consultation with interested parties, shall conduct a study to improve nonmotorized recreation trail opportunities (including mountain bicycling) on land not designated as wilderness within the district.CommentsClose CommentsPermalink

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

Nothing in this Act affects the jurisdiction of the State with respect to fish and wildlife management (including the regulation of hunting and fishing) on public land in the State.CommentsClose CommentsPermalink

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are necessary to carry out this Act.CommentsClose CommentsPermalink