[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2125 Introduced in Senate (IS)]
103d CONGRESS
2d Session
S. 2125
To provide for the designation of certain Federal lands in Montana as
wilderness areas, to provide for multiple use and recovery of certain
other Federal lands in Montana, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18 (legislative day, May 16), 1994
Mr. Burns introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To provide for the designation of certain Federal lands in Montana as
wilderness areas, to provide for multiple use and recovery of certain
other Federal lands in Montana, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Montana Jobs Security and Land
Protection Act of 1994''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Like all lands in the American West, the present state
of the lands of Montana results from a series of geological,
hydrological, meteorological, and biological cycles. The forces
of nature expressed through such cycles have produced a vast
resource of raw materials enabling mankind to utilize and
retain physical assets in a manner that creates the American
standard of living, a standard of living unsurpassed in the
world today.
(2) The agencies of the Federal Government having
responsibility for management of Federal lands have developed
and continue to update plans for the management of Federal
lands which are in compliance with Federal environmental laws.
Such agencies have studied and determined the capacity of such
lands for multiple-use purposes.
(3) There are 16,806,126 acres of National Forest land
within the State of Montana, and of this acreage 3,371,770
acres are designated as wilderness areas. In addition, there
are 8,077,253 acres of land under the jurisdiction of the
Bureau of Land Management within the State of Montana, and of
this acreage 6,000 acres are designated as wilderness areas.
(4) Every area of the State of Montana possesses natural
resources having commercial or recreational value or an
undeveloped status.
(5) As with all of the lands of the United States, the
lands of the State of Montana contributes to the diversity and
productivity of the United States for the enduring benefit of
all people.
(6) As the next century approaches for the people of the
State of Montana, natural resource industries (including the
timber, mining, oil and gas, agriculture, and recreation
industries) will continue to support local communities and
governments in the State. These industries must be allowed to
prosper as the next century approaches.
(7) The timber industry has played an important part in the
economy of the State of Montana. The industry accounts for 10
to 15 percent of the economy of the State and is responsible
for the existence of 15,000 to 20,000 jobs in the State. With
few exceptions, 25 percent of all receipts received from
National Forest System lands during any fiscal year are paid to
States in which such lands are located. Such funds benefit
public schools and public roads. Counties in the State of
Montana received $13,854,903 from such receipts in fiscal year
1993.
(8) The Forest Service National Minerals Policy provides
that the Forest Service should encourage and facilitate the
orderly exploration, development, and production of mineral
resources within the National Forest System in order to
maintain a viable and healthy minerals industry and to promote
self-sufficiency in the mineral resources necessary for
economic growth and the National defense. In the State of
Montana, mines and mine-processing facilities employ
approximately 4,500 people and such mines and facilities
contribute more than $500,000,000 each year to the economy of
the State. Mines in the State pay approximately $15,000,000 in
severance taxes and $9,000,000 in property taxes to local
governments in the State each year.
(9) A potential for oil and gas production exists in each
of the counties of the State of Montana. Oil and gas production
occurs in 32 of the 56 counties in the State. In 1991, there
were 5,950 producing wells and 7,719 employees supported by the
oil and gas industry. While half of the oil consumed in the
United States is imported, the number of seismic exploration
activities in the State has decreased to 2. The total number of
wells drilled annually in the State dropped from 816 in 1982 to
256 in 1991. Over the same period, crude oil revenues in the
State dropped from $966,281,000 to $355,750,000.
(10) According to the United States Forest Service,
3,465,900 visitor days were spent on mechanized travel in the
State of Montana in 1992. Off-highway motorcycle use in the
State in 1992 was valued at $45,059,000. Motorcycles and all-
terrain vehicles in the State used 30,200 gallons of gas in
1990. In 1987 and 1988, snowmobile operators who were not
residents of the State spent $15,300,000 in the State,
generating $3,500,000 in revenue for the people of the State
and creating 350 full-time or part-time jobs.
(11) Many of the Federal lands in the State of Montana are
in dire need of proper management. Research and applied
technology demonstrate that such lands require proper
management in order to preserve natural variability, enhance
the productivity of the flora and fauna, and provide for the
continuing availability of the material resources that are
required for and valuable to society.
(b) Purposes.--The purposes of this Act are as follows:
(1) To designate certain Federal lands within the State of
Montana as multiple use lands, and as components of the
National Wilderness Preservation System in order to provide for
the release, management, and systematic preservation of the
character and uses of the land.
(2) To provide for management standards with respect to
such lands in order to--
(A) ensure the ecological health and productivity
of forest and range lands;
(B) ensure the reasonable development and
production of natural resources on such lands;
(C) stabilize and stimulate the economies of
localities on or near such lands; and
(D) maintain the qualities of the land.
SEC. 3. DEFINITIONS.
In this Act:
(1) The term ``Federal lands'' means any lands under the
jurisdiction of the Forest Service or under the jurisdiction of
the Bureau of Land Management.
(2) The term ``Secretary'' shall mean the Secretary of
Agriculture.
TITLE I--WILDERNESS AREA DESIGNATIONS
SEC. 101. DESIGNATION OF CERTAIN NATIONAL FOREST SYSTEM LANDS AS
WILDERNESS AREAS.
(a) Designation of Lands as Wilderness Areas.--Subject to
subsection (b), the following lands within the National Forest System
in the State of Montana are designated as components of the National
Wilderness Preservation System under the provisions of the Wilderness
Act (16 U.S.C. 1131 et seq.):
(1) Certain lands in the Beaverhead, Bitterroot, and
Deerlodge National Forests, Montana, which comprise
approximately 20,000 acres, as generally depicted on a map
entitled ``Anaconda-Pintler Wilderness Additions--Proposed
(North Big Hole, Storm Lake)'', dated May 1994, and which are
hereby incorporated in and shall be deemed to be a part of the
Anaconda-Pintler Wilderness.
(2) Certain lands in the Beaverhead National Forest,
Montana, which comprise approximately 79,500 acres, as
generally depicted on a map entitled ``East Pioneer
Wilderness--Proposed'', dated May 1994, and which shall be
known as the East Pioneer Wilderness.
(3) Certain lands in the Beaverhead National Forest,
Montana, which comprise approximately 55,000 acres, as
generally depicted on a map entitled ``West Big Hole--
Proposed'', dated May 1994, and which shall be known as the
West Big Hole Wilderness.
(4) Certain lands in the Bitterroot National Forest,
Montana, which comprise approximately 10,240 acres, as
generally depicted on a map entitled ``Stony Mountain
Wilderness--Proposed'', dated May 1994, and which shall be
known as the Stony Mountain Wilderness.
(5) Certain lands in the Bitterroot and Lolo National
Forests, Montana, which comprise approximately 36,060 acres, as
generally depicted on a map entitled ``Selway-Bitterroot
Wilderness Additions--Proposed'', dated May 1994, and which are
hereby incorporated in and shall be deemed to be a part of the
Selway-Bitterroot Wilderness.
(6) Certain lands in the Custer National Forest, Montana,
which comprise approximately 4,900 acres, as generally depicted
on a map entitled ``Absaroka-Beartooth Wilderness Additions--
Proposed (Mistic Lake, Timberline, and Stateline)'', dated May
1994, and which are hereby incorporated in and shall be deemed
to be a part of the Absaroka-Beartooth Wilderness.
(7) Certain lands in the Helena National Forest, Montana,
which comprise approximately 14,300 acres, as generally
depicted on a map entitled ``Blackfoot Meadow/Electric Peak
Wilderness--Proposed'', dated May 1994, and which shall be
known as the Electric Peak Wilderness.
(8) Certain lands in the Custer National Forest, Montana,
which comprise approximately 5,800 acres, as generally depicted
on a map entitled ``Pryor Mountain-Lost Water Canyon
Wilderness--Proposed'', dated May 1994, and which shall be
known as the Pryor Mountain-Lost Water Canyon Wilderness.
(9) Certain lands in the Flathead, Lolo, and Helena
National Forests, Montana, which comprise approximately 67,997
acres, as generally depicted on a map entitled ``Bob Marshall
Additions--Proposed (Slippery Bill, Limestone Cave, Clearwater/
Monture, Benchmark/Elk Creek, Renshaw)'', dated May 1994, and
which are hereby incorporated in and shall be deemed to be a
part of the Bob Marshall Wilderness.
(10) Certain lands in the Flathead National Forest,
Montana, which comprise approximately 63,000 acres, as
generally depicted on a map entitled ``Jewell Basin-Swan
Crest--Proposed'', dated May 1994, and which shall be known as
the Jewell Basin-Swan Crest Wilderness.
(11) Certain lands in the Gallatin National Forest, which
comprise approximately 8,960 acres, as generally depicted on a
map entitled ``Lee Metcalf/Cowboys Heaven Wilderness--
Proposed'', dated May 1994, and which shall be known as the Lee
Metcalf/Cowboys Heaven Wilderness.
(12) Certain lands in the Gallatin National Forest, which
comprise approximately 20,720 acres, as generally depicted on a
map entitled ``Earthquake Wilderness--Proposed'', dated May
1994, and which shall be known as the Earthquake Wilderness.
(13) Certain lands in the Helena National Forest, Montana,
which comprise approximately 8,600 acres, as generally depicted
on a map entitled ``Mount Baldy Wilderness--Proposed'', dated
May 1994, and which shall be known as the Mount Baldy
Wilderness.
(14) Certain lands in the Helena National Forest, Montana,
which comprise approximately 10,500 acres, as generally
depicted on a map entitled ``Gates of the Mountain Wilderness
Additions--Proposed'', dated May 1994, and which are hereby
incorporated in and shall be deemed to be part of the Gates of
the Mountain Wilderness.
(15) Certain lands in the Kootenai National Forest,
Montana, which comprise approximately 31,100 acres, as
generally depicted on a map entitled ``Cabinet Mountains
Wilderness Additions--Proposed'', dated May 1994, and which are
hereby incorporated in and shall be deemed to be a part of the
Cabinet Mountains Wilderness.
(16) Certain lands in the Kootenai National Forest,
Montana, which comprise approximately 46,000 acres, as
generally depicted on a map entitled ``Scotchman Peaks
Wilderness--Proposed'', dated May 1994, and which shall be
known as the Scotchman Peaks Wilderness.
(17) Certain lands in the Lolo National Forest, Montana,
which comprise approximately 39,000 acres, as generally
depicted on a map entitled ``Cube Iron/Mount Silcox
Wilderness--Proposed'', dated May 1994, and which shall be
known as the Cube Iron/Mount Silcox Wilderness.
(18) Certain lands in the Lolo National Forest, Montana,
which comprise approximately 46,080 acres, as generally
depicted on a map entitled ``Great Burn Wilderness--Proposed'',
dated May 1994, and which shall be known as the Great Burn
Wilderness.
(19) Certain lands in the Lolo National Forest, Montana,
which comprise approximately 56,900 acres, as generally
depicted on a map entitled ``Quigg Peak Wilderness--Proposed'',
dated May 1994, and which shall be known as the Quigg Peak
Wilderness.
(20) Certain lands in the Gallatin National Forest,
Montana, which comprise approximately 5,720 acres, as generally
depicted on a map entitled ``North Absaroka Wilderness
Additions--Proposed (Republic Mountain)'', dated May 1994, and
which are hereby incorporated in and shall be deemed to be a
part of the Absaroka-Beartooth Wilderness.
(21) Certain lands in the Deerlodge National Forest,
Montana, which comprise approximately 16,000 acres, as
generally depicted on a map entitled ``Flint Creek Range
Wilderness--Proposed'', dated May 1994, and which shall be
known as the Flint Creek Range Wilderness.
(22) Certain lands in the Gallatin National Forest,
Montana, which comprise approximately 21,500 acres, as
generally depicted on a map entitled ``Sawtooth Mountain
Wilderness--Proposed'', dated May 1994, and which shall be
known as the Sawtooth Mountain Wilderness.
(23) Certain lands in the Gallatin National Forest,
Montana, which comprise approximately 24,000 acres, as
generally depicted on a map entitled ``Hyalite-Porcupine-
Buffalo Wilderness--Proposed'', dated May 1994, and which shall
be known as the Hyalite-Porcupine-Buffalo Wilderness.
(24) Certain lands in the Lolo National Forest, Montana,
which comprise approximately 6,400 acres, as generally depicted
on a map entitled ``Sheep Mountain Wilderness--Proposed'',
dated May 1994, and which shall be known as the Sheep Mountain
Wilderness.
(25) Certain lands in the Beaverhead National Forest,
Montana, which comprise approximately 37,120 acres, as
generally depicted on a map entitle ``West Pioneer Wilderness--
Proposed'', dated May 1994, and which shall be known as the
West Pioneer Wilderness.
(b) Administration of Lands.--Subject to valid existing rights,
each of the lands designated as a wilderness area by subsection (a)
shall be administered by the Secretary, through the Forest Services, as
a component of the National Wilderness Preservation System in
accordance with the provisions of the Wilderness Act (16 U.S.C. 1131 et
seq.). Any reference in such provisions to the effective date of the
Wilderness Act shall, with respect to such designated lands, be deemed
to refer to the date of enactment of this Act.
(c) Descriptions of Property.--The exact acreage and legal
description of each of the lands designated as a wilderness area by
subsection (a) shall be determined by a survey or such other means as
the Secretary determines appropriate. The Secretary may correct
clerical and typographical errors in such descriptions.
(d) Submittal of Descriptions to Congress. Not later than 90 days
after the date of the enactment of this Act, the Secretary shall submit
to the Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives a copy
of the description (including an appropriate map or other boundary
record) of each of the lands designated as a wilderness area by
subsection (a).
(e) Public Availability of Descriptions.--Each land description
prepared under subsection (c) shall be on file and available for public
inspection in the following offices:
(1) The office of the Chief of the Forest Service.
(2) The office of Regional Forester of the Northern Region
of the Forest Service.
(3) The office of the Director of the Bureau of Land
Management.
(4) The office of the State Director of Region Three of the
Bureau of Land Management.
SEC. 102. DESIGNATION OF CERTAIN BUREAU OF LAND MANAGEMENT LANDS AS
WILDERNESS AREAS.
(a) Designation of Lands as Wilderness Areas.--Subject to
subsection (b), the following lands in the State of Montana are
designated as components of the National Wilderness Preservation System
under the provisions of the Wilderness Act (16 U.S.C. 1131 et seq.):
(1) Certain lands in Granite County, Montana, which
comprise approximately 520 acres, as generally depicted on a
map entitled ``West Quigg Wilderness--Proposed,'' dated May
1994, and which shall be known as the West Quigg Wilderness.
(2) Certain lands in Lewis and Clark County, Montana, which
comprise approximately 8,960 acres, as generally depicted on a
map entitled ``Sleeping Giant/Gates of the Mountains
Wilderness--Proposed,'' dated May 1994, and which shall be
known as the Sleeping Giant/Gates of the Mountains Wilderness.
(3) Certain lands in Silver Bow County, Montana, which
comprise approximately 8,791 acres, as generally depicted on a
map entitled ``Humberg Spires Wilderness--Proposed,'' dated May
1994, and which shall be known as the Humberg Spires
Wilderness.
(4) Certain lands in Beaverhead County, Montana, which
comprise approximately 10,586 acres, as generally depicted on a
map entitled ``Blacktail Mountain Wilderness--Proposed,'' dated
May 1994, and which shall be known as the Blacktail Mountain
Wilderness.
(5) Certain lands in Beaverhead County, Montana, which
comprise approximately 610 acres, as generally depicted on a
map entitled ``Farlin Ridge Wilderness--Proposed,'' dated May
1994, and which shall be known as the Farlin Ridge Wilderness.
(6) Certain lands in Valley County, Montana, which comprise
approximately 13,730 acres, as generally depicted on a map
entitled ``Burnt Lodge Wilderness--Proposed,'' dated May 1994,
and which shall be known as the Burnt Lodge Wilderness.
(b) Administration of Lands.--Jurisdiction over any lands
designated as wilderness areas by subsection (a) that are, as of the
date of the enactment of this Act, administered by the Bureau of Land
Management is hereby transferred to the Secretary. The Secretary,
acting through the Forest Service, shall administer such lands as
components of the National Wilderness Preservation System in accordance
with the provisions of the Wilderness Act (16 U.S.C. 1131 et seq.). Any
reference in such provisions to the effective date of the Wilderness
Act shall, with respect to such designated lands, be deemed to refer to
the date of enactment of this Act.
(c) Descriptions of Property.--The exact acreage and legal
description of each of the lands designated as a wilderness area by
subsection (a) shall be determined by a survey or such other means as
the Secretary determines appropriate. The Secretary may correct
clerical and typographical errors in such descriptions.
(d) Submittal of Descriptions to Congress. Not later than 90 days
after the date of the enactment of this Act, the Secretary shall submit
to the Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives a copy
of the description (including an appropriate map or boundary record) of
each of the lands designated as a wilderness area by subsection (a).
(e) Public Availability of Descriptions.--Each land description
prepared under subsection (c) shall be on file and available for public
inspection in the following offices:
(1) The office of the Chief of the Forest Service.
(2) The office of Regional Forester of the Northern Region
of the Forest Service.
(3) The office of the Director of the Bureau of Land
Management.
(4) The office of the State Director of Region Three of the
Bureau of Land Management.
SEC. 103. BUFFER ZONES.
The designation of lands as wilderness areas in the State of
Montana under this Act may not be construed or interpreted to require
the creation of protective perimeters or buffer zones around each
wilderness area. The fact that nonwilderness activities or uses can be
seen or heard from areas within the wilderness area shall not, of
itself, preclude such activities or uses up to the boundary of the
wilderness area.
SEC. 104. LIVESTOCK GRAZING ON DESIGNATED LANDS.
In administering the lands designated as wilderness areas by
section 101(a) or 102(a), the Secretary shall administer any permit or
license for the grazing of livestock, and any grazing allotment, on
such lands that was issued or established before the date of enactment
of this Act in accordance with the following:
(1) Clause (2) of section 4(d)(4) of the Wilderness Act (16
U.S.C. 1133(d)(4)).
(2) Section 108 of Public Law 96-560 (16 U.S.C. 1133 note),
relating to livestock grazing in National Forest wilderness
areas.
SEC. 105. FLOOD CONTROL AND WATER STORAGE.
Notwithstanding any provision of the Wilderness Act (16 U.S.C. 1131
et seq.), the Secretary may install and maintenance any hydrological,
meteorological, or climatological collection device, or facility
ancillary thereto, that the Secretary determines appropriate in order
to provide for flood warning, flood control, and water storage
purposes. The Secretary shall carry out activities under this section
by any means in utilization on or before the date of the enactment of
this Act.
SEC. 106. WHEELCHAIR ACCESS.
Notwithstanding any other provision of law, the Secretary may
permit the access to lands designated as wilderness areas by sections
101(a) and 102(a) by persons utilizing motorized or non-motorized
wheelchairs.
SEC. 107. JURISDICTION OF STATE OF MONTANA OVER FISH AND WILDLIFE.
This Act may not be construed or interpreted to affect the
jurisdiction or responsibilities of the State of Montana with respect
to wildlife and fish in or on National Forest System land in the State
of Montana.
TITLE II--MULTIPLE-USE RESOURCE RECOVERY LAND DESIGNATIONS
SEC. 201. DESIGNATION OF CERTAIN FEDERAL LANDS AS MULTIPLE USE AND
RESOURCE RECOVERY LANDS.
(a) Designation.--Except as provided in subsection (b) and
notwithstanding any other provision of law, all Federal lands in the
State of Montana (including areas designated as study areas by the
Montana Wilderness Study Act (16 U.S.C. 1132 note)) are hereby
designated as multiple-use resource recovery lands to be managed by the
Secretary in accordance with section 202.
(b) Excluded Lands.--Subsection (a) shall not apply to the
following Federal lands in the State of Montana:
(1) Lands designated as wilderness areas by section 101(a)
or 102(a) of this Act.
(2) Lands designated as wilderness areas by any other
provision of law.
(3) Lands that are components of the National Wild and
Scenic Rivers System.
(4) Lands that are components of the National Trails
System.
(5) Any lands withdrawn from mineral entry or timber
production by any Federal law or executive order.
(6) Any lands not reviewed for suitability as wilderness
during Second Roadless Area Review and Evaluation Program (RARE
II) conducted by the Department of Agriculture.
(c) Termination of Designation.--Any land designated as multiple-
use resource recovery land by subsection (a), or any portion of such
land, shall cease to be multiple-use resource recovery land under this
section if--
(1) the designation of the land, or portion thereof, as
multiple-use resource recovery land is revoked by Act of
Congress; or
(2) the land, or portion thereof, is withdrawn pursuant to
section 204 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1714).
SEC. 202. MANAGEMENT OF MULTIPLE-USE RESOURCE RECOVERY LANDS.
(a) In General.--The Secretary shall manage the lands designated as
multiple-use resource recovery lands by section 201(a) in a manner that
provides for a balance of uses of such lands.
(b) Management Principles.--(1) Subject to paragraph (2), the
Secretary shall manage multiple-use resource recovery lands designated
by section 201(a) in accordance with the principles of multiple-use and
sustained-yield as such principles are set forth in the following:
(A) The Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C 1600 et seq.).
(B) The Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C.
528 et seq.).
(C) The Federal Land Management Policy Act of 1976 (43
U.S.C. 1701 et seq.).
(2) In managing such lands, the Secretary shall emphasize the uses
that are not allowed or available on lands designated as wilderness
areas or on lands withdrawn in the manner referred to in section
201(c)(2).
SEC. 203. LAND AND RESOURCE MANAGEMENT PLANS FOR DESIGNATED LANDS.
(a) Revised Plans.--Not later than 3 years after the date of the
enactment of this Act, the Secretary shall prepare amended or revised
land and resource management plans applicable to the lands designated
as wilderness areas by sections 101(a) and 102(a) and the lands
designated as multiple-use resource recovery lands by section 201(a) in
order to meet the requirements of this Act.
(b) Interim Plans.--The lands referred to in subsection (a) shall
be managed in accordance with provisions of the land and resource
management plans applicable to such lands on the date of the enactment
of this Act during the period beginning on such date and ending on the
date that such amendments or revisions take effect.
(c) Requirement Relating to Subsequent Plan Revisions.--In
preparing any subsequent amendment or revision to a land and resource
management plan that takes effect after an amendment or revision to
such plan prepared under subsection (a), the Secretary shall consider
and discuss in the justification and environmental analysis
accompanying the subsequent amendment or revision any other land use or
land management practice that, in combination with the revised practice
proposed under the subsequent amendment or revision, would be
appropriate to maintain a balance of uses of multiple-use resource
recovery lands designated by section 201(a) and to meet other outputs
on such lands under the plan subject to the subsequent amendment or
revision.
SEC. 204. MONITORING OF LAND USE IN ACCORDANCE WITH LAND AND RESOURCE
MANAGEMENT PLANS.
(a) Output Targets.--Any land and resource management plan prepared
under section 203 shall specify by quantity the output required for
each proposed use of a land designated as a multiple-use resource
recovery land by section 201(a) in order to meet the requirements of
the land and resource management plan with respect to that land. The
plan shall specify such output for each year covered by the plan and
for the entire term of the plan.
(b) Certification.--(1) The Secretary shall certify to the
committees referred to in paragraph (2), in writing, that each action
undertaken by the Secretary to carry out a land and resource management
plan contributes to, or does not preclude, the achievement of the
output targets specified under subsection (a).
(2) The committees referred to in paragraph (1) are the following:
(A) The Committee on Energy and Natural Resources of the
Senate.
(B) The Committee on Natural Resources of the House of
Representatives.
(c) Monitoring.--The Secretary shall monitor regularly the outputs
from the multiple-use resource recovery lands designated by section
201(a) in order to ensure that--
(1) the output targets specified in the land and resource
management plans for such lands are being met; and
(2) the implementation of the plans is consistent with the
plans.
(d) Corrective Actions.--If the Secretary determines that output
targets specified in a land and resource management plan are not being
met, the Secretary shall--
(1) direct that appropriate actions are undertaken in order
to ensure that such output targets are met; or
(2) amend or revise the plan in order to specify new output
targets.
TITLE III--SPECIAL MANAGEMENT AREAS
SEC. 301. DESIGNATION OF SPECIAL MANAGEMENT AREAS.
(a) Designation of Special Management Areas.--Subject to subsection
(b), for the purposes of conserving, protecting, and enhancing the
exceptional scenic, fish and wildlife, biological, educational, and
recreational values of certain Federal lands in the State of Montana,
the following designations are made:
(1) The Hyalite National Education and Recreation Area
located in the Gallatin National Forest, Montana, comprising
approximately 10,240 acres, as generally depicted on a map
entitled ``Hyalite National Recreation and Education Area--
Proposed'', dated May 1994.
(2) The Northwest Peak National Recreation and Scenic Area
located in the Kootenai National Forest, Montana, comprising
approximately 16,700 acres, as generally depicted on a map
entitled ``Northwest Peak National Recreation and Scenic Area--
Proposed'', dated May 1994.
(3) The Buckhorn Ridge National Recreation Area located in
the Kootenai National Forest, Montana, comprising approximately
22,600 acres, as generally depicted on a map entitled
``Buckhorn Ridge National Recreation Area--Proposed'', dated
May 1994.
(4) The Ross Creek Cedars National Recreation Area located
in the Kootenai National Forest, Montana, comprising
approximately 700 acres, as generally depicted on a map
entitled ``Ross Creek Cedars National Recreation Area--
Proposed'', dated May 1994.
(5) The Sapphires National Recreation Area located in the
Deerlodge and Bitterroot National Forests, Montana, comprising
approximately 94,000 acres, as generally depicted on a map
entitled ``Sapphires National Recreation Area--Proposed'',
dated May 1994.
(6) The Ten Lakes National Recreation Area located in the
Kootenai National Forest, Montana, comprising approximately
34,000 acres, as generally depicted on a map entitled ``Ten
Lakes National Recreation Area--Proposed'', dated May 1994.
(7) The Middle Judith National Recreation Area located in
the Lewis and Clark National Forest, Montana, comprising
approximately 81,000 acres, as generally depicted on a map
entitled ``Middle Judith National Recreation Area--Proposed'',
dated May 1994.
(8) The Big Snowies National Recreation Area located in the
Lewis and Clark National Forest, Montana, comprising
approximately 91,000 acres, as generally depicted on a map
entitled ``Big Snowies National Recreation Area--Proposed'',
dated May 1994.
(9) The Hyalite-Porcupine-Buffalo National Recreation Area
located in the Gallatin National Forest, comprising
approximately 127,000 acres, as generally depicted on a map
entitled ``Hyalite-Porcupine-Buffalo National Recreation Area--
Proposed'', dated May 1994.
(b) Administration of Lands.--(1) The Secretary shall administer
the areas designated by subsection (a) as components of the National
Forests wherein such areas are located. In preparing land and resource
management plans for such National Forests in accordance with the
Forest and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1600 et seq.), the Secretary shall emphasize the achievement
with respect to such areas of the purposes for which the areas are
designated.
(2) The activities that the Secretary may carry out in the areas
designated by subsection (a) shall include activities relating to fire
prevention or control, abatement of insect infestation, or disease
prevention or control.
(3)(A) Subject to such regulations as the Secretary prescribes, the
Secretary may--
(i) permit the removal of the nonleasable minerals from
lands or interests in lands within the areas designated by
subsection (a) in the manner described by section 10 of the Act
of August 4, 1939 (43 U.S.C. 387); and
(ii) permit the removal of leasable minerals from lands or
interests in lands within the recreation areas in accordance
with the mineral leasing laws of the United States.
(B) The Secretary may permit removal of minerals under subparagraph
(A) from recreation areas designated by subsection (a) only if the
Secretary determines that such removal would not have a significant
adverse effect on the administration of the recreation areas.
(4) The Secretary may permit the use of motorized equipment in an
area designated by subsection (a) if the Secretary determines that the
use is compatible with the purposes for which an area is designated and
with the law and land and resource management plans that apply to the
area.
(c) Livestock Grazing.--The Secretary shall permit livestock
grazing in an area designated by subsection (a) if such grazing was
permitted in the area before the date of the enactment of this Act.
(d) Construction of Designation.--This title may not be construed
or interpreted as effecting valid existing rights within the areas
designated by subsection (a).
(e) Descriptions of Property.--The exact acreage and legal
description of each area designated by subsection (a) shall be
determined by a survey or such other means as the Secretary determines
appropriate. The Secretary may correct clerical and typographical
errors in such descriptions.
(f) Submittal of Descriptions to Congress.--Not later than 90 days
after the date of the enactment of this Act, the Secretary shall submit
to the Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives a copy
of the description (including an appropriate map or other boundary
record) of each area designated by subsection (a).
(g) Public Availability of Descriptions.--Each land description
prepared under subsection (e) shall be on file and available for public
inspection in the following offices:
(1) The office of the Chief of the Forest Service.
(2) The office of the Region I Forester of the Forest
Service.
TITLE IV--WATER RIGHTS
SEC. 401. WATER RIGHTS ON DESIGNATED LANDS.
(a) Prohibition on Creation of Express or Implied Reservation of
Water.--This Act, and the Wilderness Act (16 U.S.C. 1131 et seq.), may
not be construed or interpreted to create an express or implied
reservation of water or water rights in the name of the United States
with respect to any lands or areas designated by this Act.
(b) Acquisition of Water Rights.--The Secretary may acquire such
water rights as the Secretary considers appropriate to carry out the
administrative responsibilities of the Secretary on the lands and areas
designated by this Act. The substantive and procedural requirements of
the laws of the State of Montana shall apply to--
(1) any water rights acquired by the Secretary under this
section; and
(2) the allocation and administration of such rights.
(c) Effect of Act on Existing Water Rights of State of Montana.--
This Act may not be construed or interpreted as a relinquishment or
reduction of any water rights which may have been reserved by the
United States in the State of Montana on or before the date of the
enactment of this Act. Any quantification of such water rights shall
be--
(1) established in accordance with the substantive and
procedural laws of the State of Montana;
(2) included in the general adjudication of water rights of
and within the State of Montana as set forth under the law of
the State of Montana; and
(3) only for the minimum amount of water necessary for
purposes associated with the administration of the lands and
areas designated by this Act.
(d) Effect on Utilization of Water Diversion Structures.--(1) This
Act may not be construed or interpreted to impair in any manner the
utilization of water diversion structures or facilities located within
any lands or areas designated by this Act.
(2)(A) Subject to such regulations as the Secretary shall
prescribe, the owner or operator of any canal, ditch, reservoir,
headgate, flume, or other water diversion or carriage facility may have
access to the facility in order to maintain, repair, or replace the
facility.
(B) The regulations prescribed by the Secretary under this
paragraph--
(i) shall not impair the right to divert or utilize
quantities of water which may be established under the laws of
the State of Montana;
(ii) shall not affect in any manner the ability of the
State of Montana to administer waters within lands and areas
designated by this Act; and
(iii) shall not impair the reasonable use and maintenance
of water diversion, storage, or carriage facilities located
within lands or areas designated by this Act.
TITLE V--PROTECTION OF PRIVATE PROPERTY
SEC. 501. PROTECTION OF PRIVATE PROPERTY.
(a) Statement of Principle.--Our democracy was founded on the
principles of ownership, use and control of private property. These
principles are embodied in the fifth amendment to the Constitution
prohibiting the taking of private property without payment of just
compensation.
(b) Protection of Property.--In carrying out the provisions of this
Act, the Secretary shall--
(1) comply with applicable State laws, including laws
relating to private property rights and privacy; and
(2) administer the Act in a manner consistent with the
constitutional rights and other legal rights of private
property owners.
TITLE VI--BADGER-TWO MEDICINE AREA
SEC. 601. ADMINISTRATION OF BADGER-TWO MEDICINE AREA.
(a) In General.--Notwithstanding any other provision of law, the
Secretary shall administer the lands referred to in subsection (b) for
nonwilderness, multiple-use purposes.
(b) Covered Lands.--(1) Except as provided in paragraph (2), the
lands referred to in subsection (a) are certain lands in the Lewis and
Clark National Forest, Montana, which comprise approximately 102,100
acres and are known as Badger-Two Medicine Area.
(2) The lands referred to in paragraph (1) shall not include any
areas otherwise located in such lands that are designated by the
Blackfeet Tribal Council as having specific cultural or religious
significance.
(c) Administration of Areas of Specific Significance.--The
Blackfeet Tribal Council shall, in consultation with the National
Forest System unit of the Forest Service having jurisdiction over the
areas referred to in subsection (b), establish rules and regulations
for the administration of the areas referred to in subsection (b)(2).
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