[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2137 Introduced in Senate (IS)]
103d CONGRESS
2d Session
S. 2137
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 19 (legislative day, May 16), 1994
Mr. Baucus introduced the following bill; which was read the first time
_______________________________________________________________________
A BILL
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.
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 referred to as the ``Montana National Forest
Management Act of 1994.''
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) many areas of undeveloped National Forest System lands
in the State of Montana possess outstanding natural
characteristics which give them high value as wilderness and
will, if properly preserved, contribute as an enduring resource
of wild land for the benefit of the American people;
(2) the existing Department of Agriculture Land and
Resource Management Plans for Forest System lands in the State
of Montana have identified areas which, on the basis of their
landform, ecosystem, associated wildlife, and location will
help to fulfill the National Forest System's share of a quality
National Wilderness Preservation System; and
(3) the existing Department of Agriculture Land and
Resource Management Plans for National Forest System lands in
the State of Montana and the related congressional review of
such lands have also identified areas that do not possess
outstanding wilderness attributes or possess outstanding
energy, mineral, timber, grazing, dispersed recreation, or
other values. Such areas should not be designated as components
of the National Wilderness Preservation System but should be
available for non-wilderness multiple uses under the land
management planning process and other applicable law.
(b) Purposes.--The purposes of this Act are to--
(1) designate certain National Forest System lands in the
State of Montana as components of the National Wilderness
Preservation System, in furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), in order to preserve
the wilderness character of the land and to protect watersheds
and wildlife habitat, preserve scenic and historic resources,
and promote scientific research, primitive recreation,
solitude, and physical and mental challenge; and
(2) ensure that certain other National Forest System lands
in the State of Montana be available for nonwilderness uses.
SEC. 3. WILDERNESS DESIGNATIONS.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act of 1964, the following lands in the State of Montana are designated
as wilderness and, therefore, as components of the National Wilderness
Preservation System:
(1) Certain lands in the Beaverhead, Bitterroot, and
Deerlodge National Forests, which comprise approximately
twenty-nine thousand one hundred acres, as generally depicted
on a map entitled ``Anaconda-Pintler Wilderness Additions--
Proposed'' (North Big Hole, Storm Lake, Upper East Fork), dated
September 1991, 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, which
comprise approximately twenty-five thousand acres, as generally
depicted on a map entitled ``Italian Peaks Wilderness--
Proposed'', dated September 1991, and which shall be known as
the Italian Peaks Wilderness.
(3) Certain lands in the Beaverhead National Forest, which
comprise approximately seventy-nine thousand five hundred
acres, as generally depicted on a map entitled ``East Pioneer
Wilderness--Proposed'', dated September 1991, and which shall
be known as the East Pioneer Wilderness.
(4) Certain lands in the Beaverhead National Forest,
Montana, comprising approximately seventy-six thousand six
hundred acres, as generally depicted on a map entitled ``West
Big Hole Wilderness--Proposed'', dated September 1991, and
which shall be known as the West Big Hole Wilderness.
(5) Certain lands in the Bitterroot, Deerlodge, and Lolo
National Forests, which comprise approximately sixty-four
thousand eight hundred acres, as generally depicted on a map
entitled ``Stony Mountain Wilderness--Proposed'', dated
November 1991, and which shall be known as the Stony Mountain
Wilderness.
(6) Certain lands in the Bitterroot and Lolo National
Forests, which comprise approximately fifty-five thousand six
hundred acres, as generally depicted on maps entitled ``Selway-
Bitterroot Wilderness Additions--Proposed'', dated September
1991, and which are hereby incorporated in and shall be deemed
to be a part of the Selway-Bitterroot Wilderness. The use of
motorized equipment shall be prohibited on those lands
surrounding High Lake which are excluded from the area
designated as wilderness by this paragraph, except for such
equipment (including access by helicopter) as the Secretary
determines to be necessary to allow for the operation and
maintenance of the impoundment located on High Lake.
(7) Certain lands in the Custer National Forest, which
comprise approximately five thousand eight hundred acres, as
generally depicted on a map entitled ``Lost Water Canyon
Wilderness--Proposed'', dated September 1991, and which shall
be known as the Lost Water Canyon Wilderness.
(8) Certain lands in the Custer National Forest, which
comprise approximately six thousand acres, as generally
depicted on a map entitled ``Absaroka Beartooth Wilderness
Additions--Proposed'' (Burnt Mountain, Timberline Creek,
Stateline and Mystic Lake), dated November 1991, and which are
hereby incorporated in and shall be deemed to be a part of the
Absaroka Beartooth Wilderness.
(9) Certain lands in the Deerlodge and Helena National
Forests, which comprise approximately nineteen thousand acres,
as generally depicted on a map entitled ``Blackfoot Meadow-
Electric Peak Wilderness--Proposed'', dated September 1991, and
which shall be known as the Blackfoot Meadow Wilderness.
(10) Certain lands in the Deerlodge and Bitterroot National
Forests, which comprise approximately fifty-six thousand acres,
as generally depicted on a map entitled ``Sapphires
Wilderness--Proposed'', dated November 1991, and which shall be
known as the Sapphires Wilderness.
(11) Certain lands in the Flathead National Forest, which
comprise approximately thirty thousand acres, as generally
depicted on a map entitled ``North Fork Wilderness--Proposed
(Tuchuck and Mount Hefty)'', dated November 1991, and which
shall be known as the North Fork Wilderness.
(12) Certain lands in the Flathead, Helena, Lolo, and Lewis
and Clark National Forests, which comprise approximately two
hundred fifteen thousand seven hundred acres, as generally
depicted on maps entitled ``Arnold Bolle Additions to the Bob
Marshall Wilderness--Proposed'' (Silver King-Falls Creek,
Renshaw, Clearwater-Monture, Deep Creek, Teton High Peak,
Volcano Reef, Slippery Bill, Limestone Cave, and Crown
Mountain), dated November 1991, which shall be known as the
Arnold Bolle-Bob Marshall Wilderness Additions and are
incorporated in and shall be deemed to be a part of the Bob
Marshall Wilderness.
(13) Certain lands in the Flathead National Forest, which
comprise approximately nine hundred and sixty acres, as
generally depicted on a map entitled ``North Mission Mountain
Wilderness Additions--Proposed'', dated September 1991, and
which are hereby incorporated in and shall be deemed to be a
part of the North Mission Mountain Wilderness.
(14) Certain lands in the Flathead and Lolo National
Forests, comprising approximately one hundred and fifty-nine
thousand five hundred acres, as generally depicted on maps
entitled ``Jewel Basin/Swan Wilderness--Proposed'', dated
November 1991. Those lands contiguous to the west slope of the
Bob Marshall Wilderness referred to in this paragraph are
hereby incorporated in and shall be deemed to be a part of the
Bob Marshall Wilderness, while the remaining lands shall be
known as the Swan Crest Wilderness.
(15) Certain lands in the Gallatin National Forest, which
comprise approximately five thousand five hundred acres, as
generally depicted on a map entitled ``North Absaroka
Wilderness Additions--Proposed'' Republic Mountain and Dexter
Point), dated November 1991, and which are hereby incorporated
in and shall be deemed to be a part of the North Absaroka
Wilderness.
(16) Certain lands in the Gallatin National Forest, which
comprise approximately thirteen thousand seven hundred acres,
as generally depicted on a map entitled ``Lee Metcalf Cowboys
Heaven Addition--Proposed'', dated September 1991, and which
are hereby incorporated in and shall be deemed to be a part of
the Lee Metcalf Wilderness.
(17) Certain lands in the Gallatin National Forest, which
comprise approximately twenty-two thousand acres, as generally
depicted on a map entitled ``Earthquake Wilderness--Proposed'',
dated September 1991, and which shall be known as the
Earthquake Wilderness.
(18) Certain lands in the Helena National Forest, which
comprise approximately twenty-six thousand acres, as generally
depicted on a map entitled ``Camas Creek Wilderness--
Proposed'', dated September 1991, and which shall be known as
the Camas Creek Wilderness.
(19) Certain lands in the Helena National Forest, which
comprise approximately fifteen thousand acres, as generally
depicted on a map entitled ``Mount Baldy Wilderness--
Proposed'', dated September 1991, and which shall be known as
the Mount Baldy Wilderness.
(20) Certain lands in the Helena National Forest, Montana,
which comprise approximately ten thousand five hundred acres,
as generally depicted on a map entitled ``Gates of the Mountain
Wilderness Additions--Proposed'' (Big Log), dated September
1991, and which are hereby incorporated in and shall be deemed
to be part of the Gates of the Mountain Wilderness.
(21) Certain lands in the Helena National Forest, which
comprise approximately eight thousand five hundred acres, as
generally depicted on a map entitled ``Black Mountain
Wilderness--Proposed'', dated September 1991, and which shall
be known as the Black Mountain Wilderness. The Secretary of
Agriculture, using existing statutory authority, shall give
special attention to the acquisition of non-federally owned
lands within the Black Mountain Wilderness.
(22) Certain lands in the Kootenai National Forest, which
comprise approximately thirty-one thousand acres, as generally
depicted on a map entitled ``Cabinet Mountains Wilderness
Additions--Proposed'', dated November 1991, and which are
hereby incorporated in and shall be deemed to be part of the
Cabinet Mountains Wilderness.
(23) Certain lands in the Kootenai National Forest, which
comprise approximately fifty thousand acres, as generally
depicted on a map entitled ``Scotchman Peaks Wilderness--
Proposed'', dated September 1991, which shall be known as the
Scotchman Peaks Wilderness.
(24) Certain lands in the Kootenai and Lolo National
Forests, which comprise approximately seventeen thousand nine
hundred acres, as generally depicted on a map entitled
``Cateract Peak Wilderness--Proposed'', dated September 1991,
which shall be known as the Cateract Peak Wilderness.
(25) Certain lands in the Lolo and Kootenai National
Forests, which comprise approximately seventeen thousand nine
hundred acres, as generally depicted on a map entitled ``Cube
Iron/Mount Silcox Wilderness--Proposed'', dated November 1991,
which shall be known as the Cube Iron/Mount Silcox Wilderness.
(26) Certain lands in the Lolo National Forest, which
comprise approximately ninety-four thousand seven hundred
acres, as generally depicted on a map entitled ``Great Burn
Wilderness--Proposed'', dated September 1991, which shall be
known as the Great Burn Wilderness.
(27) Certain lands in the Lolo National Forest, which
comprise approximately sixty thousand one hundred acres, as
generally depicted on a map entitled ``Quigg Peak Wilderness--
Proposed'', dated September 1991, which shall be known as the
Quigg Peak Wilderness.
(b) Maps and Legal Descriptions.--(1) The Secretary of Agriculture
(hereinafter referred to as the ``Secretary'') shall file the maps
referred to in this section and legal descriptions of each wilderness
area designated by this section with the Committee on Energy and
Natural Resources of the United States Senate and the Committee on
Interior and Insular Affairs of the United States House of
Representatives, and each such map and legal description shall have the
same force and effect as if included in this Act.
(2) The Secretary may correct clerical and typographical errors in
the maps and the legal descriptions submitted pursuant to this section.
(3) Each map and legal description referred to in this section
shall be on file and available for public inspection in the office of
the Chief of the Forest Service, Washington, D.C. and at the office of
the Region I Forester, Missoula, Montana.
(c) Administration.--Subject to valid existing rights, each
wilderness area designated by this section shall be administered by the
Secretary of Agriculture in accordance with the provisions of the
Wilderness Act of 1964, except that, with respect to any area
designated in this section, any reference to the effective date of the
Wilderness Act shall be deemed to be a reference to the date of
enactment of this Act.
(d) Wilderness Area Perimeters.--Congress does not intend that the
designation of wilderness areas in this section will lead to the
creation of protective perimeters or buffer zones around such areas.
The fact that nonwilderness activities or uses can be seen or heard
from areas within a wilderness area shall not, of itself, preclude such
activities or uses up to the boundary of the wilderness area.
(e) Grazing.--The grazing of livestock, where established prior to
the date of enactment of this Act, in wilderness areas designated in
this section shall be administered in accordance with section 4(d)(4)
of the Wilderness Act of 1964 and section 108 of an Act entitled ``An
Act to designate certain National Forest System Lands in the States of
Colorado, South Dakota, Missouri, South Carolina, and Louisiana for
inclusion in the National Wilderness Preservation System, and for other
purposes'' (94 Stat. 3271; 16 U.S.C. 1133 note).
(f) State Fish and Game Authority.--In accordance with section
4(d)(7) of the Wilderness Act of 1964, nothing in this Act shall be
construed as affecting the jurisdiction or responsibilities of the
State of Montana with respect to wildlife and fish in the national
forests of Montana.
(g) Hunting.--Subject to applicable law, Congress recognizes
hunting as a legitimate and beneficial activity within wilderness areas
designated in this section. Nothing in this Act or the Wilderness Act
of 1964 shall be construed to prohibit hunting in such areas.
(h) Collection Devices.--(1) Within the wilderness areas designated
in this section, neither the Wilderness Act of 1964 or this Act shall
be construed to prevent the installation and maintenance of
hydrological, meteorological, or climatological collection devices and
ancillary facilities subject to such conditions as the Secretary deems
desirable, where such facilities or access are essential to flood
warning, flood control, and water reservoir operation purposes.
(2) Access to the devices and facilities described in paragraph (1)
shall be by the means historically used, if that method is the least
intrusive practicable means available.
SEC. 4. WATER RIGHTS.
(a) Finding.--The Congress finds that the waters within the
wilderness areas designated by section 3 of this Act are headwaters,
and accordingly, this Act has no effect on the appropriation or
adjudication of waters within the State of Montana under applicable
law.
(b) Rules of Construction.--Nothing in this Act is intended or
shall be construed--
(1) to affect the downstream appropriation or adjudication
of water;
(2) to affect existing water rights as provided under
Montana State law;
(3) to affect the determination of express or implied
reserved water rights as determined under other laws; or
(4) as establishing a precedent with regard to any future
wilderness designations or any interpretation of any other Act
or wilderness designation.
SEC. 5. RELEASE TO NONWILDERNESS MULTIPLE USE.
(a) Findings.--The Congress finds that--
(1) the Department of Agriculture has adequately met the
wilderness study requirements of Public Law 94-557;
(2) the Land and Resource Management Plans and associated
Environmental Impact Statements (hereinafter referred to as
``Land and Resource Management Plans'') for all the National
Forests in the State of Montana have been completed as required
by section 6 of the Forest and Rangeland Renewable Resources
Planning Act of 1974, as amended by the National Forest
Management Act of 1976;
(3) the Department of Agriculture, with substantial public
input, has reviewed the wilderness potential of these and other
areas; and
(4) the Congress has made its own examination of National
Forest System roadless areas in the State of Montana and of the
environmental and economic impacts associated with alternative
allocations of such areas.
(b) On the basis of such review, the Congress determines and
directs that--
(1) without otherwise passing on the question of the legal
and factual sufficiency of the Land and Resource Management
Plans and their associated environmental impact statements for
National Forest System lands in the State of Montana completed
prior to the enactment of this Act, prior to the revision of
such Plans, decisions to allocate roadless areas to wilderness
or nonwilderness categories, and the environmental analyses
directly related to such allocations shall not be subject to
judicial review:
(A) Provided, however, That, except for decisions
allocating lands to wilderness and nonwilderness
categories, nothing in this section shall preclude
judicial review of Department of Agriculture decisions
implementing such Plans or decisions made concerning
the management of National Forest lands subsequent to
their allocation to wilderness and nonwilderness
categories:
(B) Provided further, That, except for decisions
allocating lands to wilderness and nonwilderness
categories, nothing in this section shall preclude
judicial review of Forest Service regional guides and
other departmental policies of general applicability,
nor prevent a court from invalidating forest planning
decisions which fail to comply with applicable law;
(2) except as specifically provided in sections 3, 6, 7, 8,
and 9 of this Act and in Public Law 95-150, with respect to the
National Forest System lands in the State of Montana which were
reviewed by the Department of Agriculture under Public Law 94-
557, the unit plans that were in effect prior to completion of
RARE II, the 1978 Forest Plan for the Beaverhead National
Forest, and the Land and Resource Management Plans, that such
reviews shall be deemed an adequate consideration of the
suitability of such lands for inclusion in the National
Wilderness Preservation System, and the Department of
Agriculture shall not be required to review the wilderness
option prior to the revision of the Land and Resource
Management Plans, but shall review the wilderness option when
such plans are revised, which revisions will ordinarily occur
on a ten-year cycle, or at least every fifteen years, unless
prior to that time the Secretary finds that conditions in a
unit have significantly changed;
(3) those National Forest System lands in the State of
Montana referred to in paragraph (2) of this subsection which
were not designated as wilderness, special management, national
recreation or wilderness study areas by this Act shall be
managed for multiple use in accordance with land and resource
management plans pursuant to section 6 of the Forest and
Rangeland Renewable Resources Planning Act, as amended by the
National Forest Management Act, and those areas need not be
managed for the purpose of protecting their suitability for
wilderness designation prior to or during revision of the
initial Land and Resource Management Plans;
(4) if revised Land and Resource Management Plans for the
National Forest System lands in the State of Montana are
implemented pursuant to section 6 of the Forest and Rangeland
Renewable Resources Planning Act, as amended by the National
Forest Management Act and other applicable law, areas not
recommended for wilderness designation need not be managed for
the purpose of protecting their suitability for wilderness
designation prior to or during revision of such plans, and
areas recommended for wilderness designation shall be managed
for the purpose of protecting their suitability for wilderness
designation as may be required by the Forest and Rangeland
Renewable Resources Planning Act, as amended by the National
Forest Management Act, and other applicable law; and
(5) unless expressly authorized by Congress, the Department
of Agriculture shall not conduct any further statewide roadless
area review and evaluation of National Forest System lands in
the State of Montana for purposes of determining their
suitability for inclusion in the National Wilderness
Preservation System.
(c) As used in this section, and as provided in section 6 of the
Forest and Rangeland Renewable Resources Planning Act, as amended by
the National Foreign Management Act, the term ``revision'' shall not
include an amendment to a land and resource management plan.
(d) Except as where specifically provided elsewhere in this Act,
the provisions of this section shall also apply to those National
Forest System roadless lands in the State of Montana which are less
than five thousand acres in size.
(e) Notwithstanding the provisions of paragraph (b)(2) of this
section, the requirements of Public Law 95-150 are deemed to be
satisfied with respect to the Sapphire and Middle Fork of the Judith
Wilderness study areas.
SEC. 6. SPECIAL MANAGEMENT AREAS.
(a) For the purposes of conserving, protecting and enhancing the
exceptional scenic, fish and wildlife, biological, educational and
recreational values of certain National Forest System lands in the
State of Montana, the following designations are made:
(1) The Mount Helena National Education and Recreation Area
located in the Helena National Forest, comprising approximately
three thousand nine hundred acres, as generally depicted on a
map entitled ``Mount Helena National Education and Recreation
Area--Proposed'', dated September 1991.
(2) The Hyalite National Education and Recreation Area
located in the Gallatin National Forest, comprising
approximately eighteen thousand nine hundred acres, as
generally depicted on a map entitled ``Hyalite National
Recreation and Education Area--Proposed'', dated September
1991.
(3) The Northwest Peak National Recreation and Scenic area
located in the Kootenai National Forest, comprising
approximately sixteen thousand seven hundred acres, as
generally depicted on a map entitled ``Northwest Peak National
Recreation and Scenic Area--Proposed'', dated September 1991.
(4) The Buckhorn Ridge National Recreation Area located in
the Kootenai National Forest, comprising approximately twenty
thousand acres, as generally depicted on a map entitled
``Buckhorn Ridge National Recreation Area--Proposed'', dated
September 1991.
(5) The Tenderfoot/Deep Creek National Recreation Area
located in the Lewis and Clark National Forest, comprising
approximately fifty thousand acres, as generally depicted on a
map entitled ``Tenderfoot/Deep Creek National Recreation Area--
Proposed'', dated November 1991.
(b) The Secretary shall file the maps referred to in this section
with the Committee on Energy and Natural Resources, United States
Senate, and the Committee on interior and Insular Affairs, United
States House of Representatives, and each such map shall have the same
force and effect as if included in this Act: Provided, That correction
of clerical and typographical errors in such maps may be made. Each
such map shall be on file and available for public inspection in the
office of the Chief of the Forest Service and the office of the Region
I Forester.
(c)(1) Except as otherwise may be provided in this subsection, the
Secretary shall administer the areas designated in subsection (a) so as
to achieve the purposes of their designation as national recreation
areas in accordance with the laws and regulations applicable to the
National Forest System.
(2)(A) Except as provided in subparagraph (B), all federally owned
lands within the areas designated in subsection (a) are hereby
withdrawn from all forms of entry, appropriation and disposal under the
mining and public land laws, and disposition under the geothermal and
mineral leasing laws.
(B) The Secretary, under such reasonable regulations as he deems
appropriate, may permit the removal of the nonleasable minerals from
lands or interests in lands within the areas designated in subsection
(a) in the manner described by section 10 of the Act of August 4, 1939,
as amended (43 U.S.C. 387), and he may permit the removal of leasable
minerals from lands or interests in lands within the recreation areas
in accordance with the mineral leasing laws, if he finds that such
dispostiion would not have significant adverse effects on the
administration of the recreation areas.
(C) Nothing in this subsection shall affect valid existing rights
within the areas designated in subsection (a).
(3) Management activities may be permitted by the Secretary if
compatible with the purposes for which the areas are designated:
Provided, That nothing in this Act shall preclude such measures which
the Secretary, in his discretion, deems necessary in the event of fire,
or infestation of insects or disease.
(4) Where the Secretary determines that such use is compatible with
the purposes for which an area is designated, the use of motorized
equipment shall be permitted in the areas subject to applicable law and
applicable land and resource management plans.
(5) The grazing of livestock, where established prior to the date
of enactment of this Act shall be permitted to continue subject to
applicable law and regulations of the Secretary.
(d) The Secretary shall manage the Mount Helena and Hyalite
National Education and Recreation Areas with a focus on education. All
management activities shall be conducted in a manner that provides the
public with an opportunity to become better informed about natural
resource protection and management.
(e) Those areas established pursuant to subsection (a) shall be
administered as components of the national forests wherein they are
located. Land and resource management plans for the affected national
forests prepared in accordance with the Forest and Rangeland Renewable
Resources Planning Act, as amended by the National Forest Management
Act, shall emphasize achieving the purposes for which the areas are
designated.
SEC. 7. ELKHORNS NATIONAL RECREATION AND WILDLIFE AREA.
(a)(1) The area of the Helena and Deerlodge National Forests
comprising approximately one hundred seventy-five thousand seven
hundred acres, as generally depicted on a map entitled ``Elkhorns
National Recreation and Wildlife Area--Proposed'', dated September
1991, is hereby designated as a national recreation and wildlife area
and shall hereafter be managed as a national recreation area that
emphasizes enhancement of big game habitat. Except as otherwise
provided in this section, the Secretary shall administer the area so as
to achieve the purposes of its designation as a national recreation and
wildlife area. Where compatible with such emphasis, and consistent with
applicable law and applicable land and resource management plans,
management also shall provide for recreational opportunities
(including, but not limited to, opportunities for motorized recreation)
and the maintenance and enhancement of habitat for nongame species.
Hunting shall be permitted within the area subject to applicable State
and Federal law.
(2) Those lands within the Elkhorns National Recreation and
Wildlife Area designated as ``Elkhorns-2'' on the map referenced in
paragraph (1) shall, notwithstanding any other provision of this
section, remain roadless. Motorized equipment may be used by the
Secretary, or other public agencies with the approval of the Secretary,
after public notice and opportunity for comment and a finding by the
Secretary that such use is required for habitat improvement for fish
and wildlife. Any area disturbed by such motorized equipment shall be
restored to contour and revegetated with appropriate native plant
species as expeditiously as possible.
(b) The Secretary shall file the map referred to in this section
with the Committee on Energy and Natural Resources of the United States
Senate, and the Committee on Interior and Insular Affairs of the United
States House of Representatives, and the map shall have the same force
and effect as if included in this Act: Provided, That correction of
clerical and typographical errors in the map may be made. The map shall
be on file and available for public inspection in the office of the
Chief of the Forest Service, Department of Agriculture.
(c) Subject to valid existing rights, all federally owned lands
within the area designed as ``Elkhorns-2'' are hereby withdrawn from
all forms of entry, appropriation and disposal under the mining and
public land laws, and disposition under the geothermal and mineral
leasing laws.
(d) Management activities may be permitted by the Secretary if
compatible with the purposes for which the Elkhorns National Recreation
and Wildlife Area is designated: Provided, That nothing in this section
shall preclude such measures which the Secretary, in his discretion,
deems necessary in the event of fire, or infestation of insects or
disease.
(e) The Elkhorns National Recreation and Wildlife Area established
pursuant to this section shall be administered as a component of the
Helena and Deerlodge National Forests. Land and resource management
plans for these National Forests prepared in accordance with the Forest
and Rangeland Renewable Resources Planning Act, as amended by the
National Forest Management Act, shall emphasize achieving the purposes
for which the area is designated.
SEC. 8. WILDERNESS STUDY AREAS.
(a) Designation.--The following areas are hereby designated as
wilderness study areas and shall be managed in accordance with the
provisions of this section:
(1) Certain lands in the Custer National Forest, comprising
approximately seventeen thousand acres, as generally depicted
on a map entitled ``Line Creek Plateau Wilderness Study Area--
Proposed'', dated September 1991.
(2) Certain lands on the Gallatin National Forest,
comprising approximately twenty-one thousand five hundred
acres, as generally depicted on a map entitled ``Sawtooth
Mountain Wilderness Study Area--Proposed'', dated September
1991.
(3) Certain lands in the Lolo National Forest which
comprise approximately twenty-two thousand acres, as generally
depicted on a map entitled ``Sheep Mountain Wilderness Study
Area--Proposed'', dated November 1991.
(4) Certain lands in the Flathead National Forest which
comprise approximately thirty eight thousand acres, as
generally depicted on a map entitled ``Thompson-Seton
Wilderness Study Area--Proposed'', dated November 1991.
(b) Not later than five years after the date of enactment of this
Act, the Secretary shall submit a report to the Committee on Energy and
Natural Resources of the United States Senate and the Committee on
Interior and Insular Affairs of the United States House of
Representatives containing recommendations as to whether the areas
designated in subsection (a) should be added as components of the
National Wilderness Preservation System.
(c)(1) Subject to valid existing rights and except as provided in
paragraph (2), the wilderness study areas designated in subsection (a)
shall be managed to protect their suitability for inclusion in the
National Wilderness Preservation System for a period of seven years
from the date of enactment of this Act. At the end of such seven-year
period, the areas shall be managed, subject to valid existing rights,
in accordance with the applicable land and resource management plans.
(2) Subject to valid existing rights, the Thompson-Seton Wilderness
study area shall be managed to protect its suitability for inclusion in
the National Wilderness Preservation System until Congress determines
otherwise.
(d) The Secretary shall file the maps referred to in this section
with the Committee on Interior and Insular Affairs, United States House
of Representatives, and the Committee on Energy and Natural Resources,
United States Senate, and each such map shall have the same force and
effect as if included in this Act: Provided, That correction of
clerical and typographical errors in these maps may be made. Each map
shall be on file and available for public inspection in the office of
the Chief of the Forest Service and the Region I Forester.
SEC. 9. BADGER-TWO MEDICINE AREA.
(a)(1) Subject to valid existing rights, all federally owned lands
as depicted on a map entitled ``Badger-Two Medicine Area'', dated
September 1991, comprising approximately one hundred sixteen thousand
six hundred acres, are withdrawn from all forms of entry,
appropriation, and disposal under the mining and public land laws and
from disposition under the geothermal and mineral leasing laws. Until
otherwise directed by Congress, the Secretary shall manage this area so
as to protect its currently existing wilderness qualities.
(2) Nothing in this section shall preclude the gathering of timber
by the Blackfeet Tribe (the ``Tribe'') in exercise of valid treaty
rights within the Badger-Two Medicine Area.
(3)(A) With respect to oil and gas leases on Federal lands within
the Badger-Two Medicine Area, no surface disturbance shall be permitted
pursuant to such leases until Congress determines otherwise.
(B) Notwithstanding any other law, the term of any oil and gas
lease subject to the limitations imposed by this section shall be
extended for a period of time equal to the term that such limitation
remains in effect.
(b) The Secretary shall conduct a review of this area in accordance
with the Wilderness Act of 1964 and the following provisions. Not later
than five years after the date of enactment of this Act, the Secretary
shall report his findings to Congress. In conducting this review:
(1) The Secretary shall establish a committee composed of
representatives of the Blackfeet Tribal Business Council, the
Blackfeet Tribal traditionalists, the National Park Service,
and representatives of the user public including environmental
groups and representatives of user industry groups (the
``committee''). The committee shall regularly advise the
Secretary during the preparation of the report required in
subsection (b) and submit its findings to Congress concurrently
with those of the Secretary.
(2) Special consideration shall be given to the religious,
wilderness and wildlife uses of the area, taking into account
any treaties the United States has entered into with the
Blackfeet Nation.
(3) In consultation with the committee, the Secretary shall
establish a process to provide information to the Tribe and
interested public about options for future designation of the
Badger-Two Medicine Area.
SEC. 10. LANDS ADMINISTERED BY BUREAU OF LAND MANAGEMENT.
(a) Finding.--The Congress has reviewed the suitability of the
Bitter Creek Wilderness Study Area (MT-064-356, BLM Wilderness Study
Number) and approximately two thousand five hundred acres of the
Axolotl Lakes Wilderness Study Area (MT-076-069, BLM Wilderness Study
Number) as generally depicted on a map entitled ``Axolotl Lakes WSA'',
dated March 1990, for wilderness designation and finds that those lands
have been sufficiently studied for wilderness pursuant to section 603
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782).
(b) Direction.--The areas described in subsection (a) shall no
longer be subject to the requirement of section 603(c) of the Federal
Land Policy and Management Act of 1976 pertaining to management in a
manner that does not impair suitability for preservation as wilderness.
(c) Administrative jurisdiction over those lands designated as
wilderness pursuant to paragraphs (3) and (26) of section 3(a) of this
Act, and which, as of the date of enactment of this Act, are
administered by the Bureau of Land Management, is hereby transferred to
the Forest Service.
SEC. 11. MISCELLANEOUS PROVISIONS.
(a) Those lands comprising the Rattlesnake National Recreation Area
and Wilderness, as designated in Public Law 96-476 are hereby
redesignated as the ``Rattlesnake National Education and Recreation
Area and Wilderness''.
(b) Those lands comprising approximately twenty four thousand
acres, as generally depicted on a map entitled ``Gibson Reservoir
Withdrawal Area--Proposed'', dated November 1991, are hereby withdrawn
from all forms of entry, appropriation and disposal under the mining
and public land laws, and disposition under the geothermal and mineral
leasing laws.
(c) All acreages cited in this Act are approximate and in the event
of discrepancies between cited acreage and the lands depicted on
referenced maps, the maps shall control.
(d) It is the policy of Congress that the Forest Service acquire
and maintain reasonable public access to National Forest System lands
in the State of Montana.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated--
(1) such sums as are necessary for the development of a
wilderness education and ranger training complex at the
Ninemile Ranger Station, Lolo National Forest, Montana; and
(2) such sums as are necessary to carry out this Act.
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