[Senate Report 113-177]
[From the U.S. Government Publishing Office]
Calendar No. 404
113th Congress Report
SENATE
2d Session 113-177
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ROCKY MOUNTAIN FRONT HERITAGE ACT
_______
June 2, 2014.--Ordered to be printed
_______
Ms. Landrieu, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 364]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 364) to establish the Rocky Mountain
Front Conservation Management Area, to designate certain
Federal land as wilderness, and to improve the management of
noxious weeds in the Lewis and Clark National Forest, and for
other purposes, having considered the same, reports favorably
thereon without amendment and recommends that the bill do pass.
PURPOSE
The purposes of S. 364 are to establish the 208,790-acre
Rocky Mountain Front Conservation Management Area in the State
of Montana, to designate approximately 67,112 acres of national
forest land in the State as additions to existing wilderness
areas, and to direct the Secretary of Agriculture to prepare a
comprehensive management strategy for preventing, controlling,
and eradicating noxious weeds in the Lewis and Clark National
Forest.
BACKGROUND AND NEED
Montana's Rocky Mountain Front is located where the Rocky
Mountains meet the plains in the larger Crown of the Continent
region of northwestern Montana. Its scenery, recreation
opportunities, and habitat are renowned. For example, according
to a 2011 environmental assessment prepared by the U.S. Fish
and Wildlife Service, conservation biologists rank the Rocky
Mountain Front in the top one-percent of wildlife habitat
remaining in the United States, with a complete assemblage of
native wildlife species (with the exception of free-ranging
bison), including large carnivores, including the grizzly bear,
gray wolf, wolverine, pine marten, and Canada lynx. It is the
only place in the continental United States where grizzly bears
still roam from the mountains to the prairie.
Recognizing the importance of protecting the unique natural
values of the area, Congress established the Bob Marshall
Wilderness as one of the original wilderness designations in
1964. The wilderness complex (which includes the adjacent
Scapegoat and Great Bear wilderness in addition to the Bob
Marshall) has been expanded over the years and now encompasses
over 1.5 million acres. The Rocky Mountain Front Conservation
Area (a unit of the Fish and Wildlife Service's National
Wildlife Refuge System) was established in 2005 (and expanded
in 2011) to protect the prairie lands at the base of the Front.
Section 403 of Public Law 109-432, enacted in 2006 (102 Stat.
3050), withdrew the area from entry and disposition under the
public land and mineral leasing laws and provided tax
incentives to acquire and conserve outstanding mineral
interests.
To help protect the Rocky Mountain Front, S. 364 would
establish the Rocky Mountain Front Conservation Management
Area, and add protected roadless areas to the existing Bob
Marshall wilderness complex. The proposed Conservation
Management Area and wilderness additions would be designated
between the Bob Marshall and Scapegoat Wilderness Areas to the
west and the Rocky Mountain Front Conservation Area to the
east.
LEGISLATIVE HISTORY
S. 364 was introduced by Senators Baucus and Tester on
February 14, 2013. Senator Walsh is a cosponsor. A hearing was
held on S. 364 by the Subcommittee on Public Lands, Forests,
and Mining on July 30, 2013 (S. Hrg. 113-85). At its business
meeting on November 21, 2013, the Committee ordered S. 364
favorably reported, without amendment.
Senator Baucus introduced similar legislation, S. 1774, in
the 112th Congress, and Senator Tester was a cosponsor. The
Subcommittee on Public Lands and Forests held a hearing on S.
1774 on March 22, 2012 (S. Hrg. 112-642).
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on November 21, 2013, by a voice vote of
a quorum present, recommends that the Senate pass S. 364.
SECTION-BY-SECTION ANALYSIS
Section 1 contains the short title, the ``Rocky Mountain
Front Heritage Act of 2013.''
Section 2 defines key terms used in the bill.
Section 3(a) establishes the approximately 208,790-acre
Rocky Mountain Front Conservation Management Area in Montana,
as depicted on the referenced map. Approximately 195,073 acres
of the conservation management area includes lands managed by
the Forest Service and approximately 13,087 acres are lands
managed by the Bureau of Land Management. Any lands or interest
in lands which are located within the conservation management
area and which are later acquired by the United States from a
willing seller shall become part of the area and managed in
accordance with applicable laws.
Subsection (b) states that 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 area.
Subsection (c)(1) directs the Secretary of Agriculture
(with respect to National Forest System lands and the Secretary
of the Interior (with respect to BLM lands) to manage the
conservation management area in a manner that conserves,
protects, and enhances the resources of the area in accordance
with laws applicable to the National Forest System (for the
lands managed by the Forest Service) and the Federal Land
Policy and Management Act of 1976 (for the lands managed by the
BLM), this section, and other applicable laws.
Paragraph (2)(A) provides that the Secretaries shall allow
only such uses of the conservation management area that they
determine will further the purposes described in subsection
(b).
Subparagraph (B) states that the use of motorized vehicles
in the area is allowed only on existing roads, trails, and
areas designated for such use as of the date of enactment of
this Act. No new or temporary roads may be constructed within
the area except for the listed administrative exceptions in
clause (iii).
Subparagraph (C) clarifies that grazing is permitted to
continue within the conservation management area, if
established as of the date of enactment, subject to such
reasonable regulations, policies and practices as the Secretary
concerned determines to be appropriate, and consistent with
applicable laws and the agency grazing guidelines set forth in
H. Rept. 96-617, including associated motorized access
consistent with those guidelines.
Subsection (D) provides that nothing in this Act prevents
the Secretary concerned from conducting vegetation management
projects within the conservation management area, subject to
applicable laws and reasonable regulations, policies, and
practices that the Secretaries determine appropriate, and
consistent with the purposes of the area.
Section 4(a) designates 50,401 acres of land in the Lewis
and Clark National Forest as depicted on the referenced map for
addition to the Bob Marshall Wilderness designated in section 3
of the Wilderness Act (16 U.S.C. 1132) and 16,711 acres of land
in the same national forest as depicted on the referenced map
for addition to the Scapegoat Wilderness designated by the
first section of Public Law 92-395.
Subsection (b) provides that the lands designated as
wilderness in subsection (a) are to be managed in accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.).
Subsection (c) allows for the grazing of livestock within
the wilderness areas (and the maintenance of existing
facilities related to such grazing), if established before the
date of enactment of this Act, to continue in accordance with
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4))
and the wilderness grazing guidelines set forth in H. Rept. 96-
617.
Subsection (d) authorizes the Secretary concerned to take
any measures necessary to control fire, insects, and diseases
within the wilderness additions in accordance with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), including
the coordination of those activities with a State or local
agency if the Secretary determines that to be appropriate.
Subsection (e) clarifies that the designation of the
wilderness additions shall not be construed to create a
protective perimeter or buffer zone around the areas, and the
fact that non-wilderness activities or uses can be seen or
heard within the wilderness additions shall preclude the
conduct of those activities or uses outside the boundary of the
wilderness.
Section 5 directs the Secretaries to prepare maps and legal
descriptions of the Conservation Management Area and the
wilderness additions as soon as practicable after the date of
enactment of this Act. The maps and legal descriptions shall
have the same force and effect as if included in this Act
except that the Secretaries may correct typographical errors.
The maps and legal descriptions shall be available for public
inspection in the appropriate offices of the Forest Service and
Bureau of Land Management.
Section 6(a) directs the Secretary of Agriculture, no later
than one year after the date of enactment of this Act, to
prepare a comprehensive management strategy for preventing,
controlling and eradicating noxious weeds within the Rocky
Mountain Ranger District of the Lewis and Clark National
Forest.
Subsection (b) lists the contents of the management
strategy, which includes recommendations to protect wildlife,
forage, and other natural resources from noxious weeds; to
identify opportunities to coordinate prevention, control and
eradication efforts in the State with State and local agencies,
Indian Tribes, and others; to identify resources for
preventing, controlling, and eradicating noxious weeds; and to
coordinate with county weed districts and enter into agreements
for weed control and eradication projects.
Subsection (c) requires the Secretary to consult with the
Secretary of the Interior, State, local, and tribal
governmental entities and the public while developing the
management strategy.
Section 7 provides that the Secretary of Agriculture,
within 2 years after the date of enactment of this Act, is
required to conduct a study to improve non-motorized recreation
trail opportunities on land not designated as wilderness within
the Rocky Mountain Ranger District of the Lewis and Clark
National Forest.
Section 8 clarifies that nothing in this Act affects the
jurisdiction of the State of Montana with respect to fish and
wildlife management (including the regulation of hunting and
fishing) on public land in the State.
Section 9 contains a savings clause that nothing in this
Act affects the jurisdiction of the Federal Aviation
Administration with respect to the airspace above the
wilderness additions or Conservation Management Area designated
by this Act, and further, that nothing affects the continued
use, maintenance, and repair of the Benchmark airstrip located
within the Conservation Management Area.
Section 10 authorizes the appropriation of such sums as may
be necessary to carry out this Act.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 364--Rocky Mountain Front Heritage Act of 2013
S. 364 would establish a conservation management area
consisting of 208,000 acres of federal land in Montana. The
bill also would add 67,000 acres to existing wilderness areas
in the state. Finally, the legislation would require the
Secretary of Agriculture to develop a strategy to mitigate the
effects of noxious weeds in the Lewis and Clark National
Forest.
Based on information provided by the Forest Service and the
Bureau of Land Management, CBO estimates that preparing new
maps and legal descriptions for the affected lands would cost
$40,000 over the 2014-2019 period, assuming appropriation of
the necessary amounts. We also estimate that developing the
noxious weed strategy, as required under the bill, would have
no effect on the federal budget because the agency is already
conducting similar activities.
Finally, CBO expects that managing the affected lands for
conservation purposes would not affect the amount of offsetting
receipts generated from mineral production, grazing, or other
activities on those lands over the next 10 years; such receipts
are treated as offsets to direct spending. Enacting the
legislation would not affect direct spending or revenues;
therefore, pay-as-you-go procedures do not apply.
S. 364 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 364.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 364, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 364, as reported, does not contain any congressionally
directed spending items, limited tax benefits, or limited
tariff benefits as defined in rule XLIV of the Standing Rules
of the Senate.
EXECUTIVE COMMUNICATIONS
The testimony provided by Forest Service and Bureau of Land
Management at the July 30, 2013, Subcommittee on Public Lands,
Forests, and Mining hearing on S. 364 follows:
Statement of Leslie Weldon, Deputy Chief, National Forest System,
Forest Service, Department of Agriculture
Mr. Chairman and Members of the Subcommittee, thank you for
the opportunity to appear before you today and provide the
Department of Agriculture's views regarding S. 364, the ``Rocky
Mountain Front Heritage Act of 2013'', which would establish
The Rocky Mountain Front Conservation Management Area in
Montana.
The Department supports S. 364 and would like to work with
the Committee to define and clarify questions of scope and
timing for the noxious weed management and the non-motorized
recreation opportunities.
The Rocky Mountain Front area of Montana on the Lewis and
Clark National Forest lies just to the south of Glacier
National Park and the Blackfeet Indian Reservation. It is an
area where the plains meet the great continental divide. The
area is marked by spectacular scenery and lush grasslands and
that is home to a broad range of Montana's fauna and flora. The
west side of the area is adjacent to the 1.5 million acre Bob
Marshall Wilderness Complex most of which was designated by the
original 1964 Wilderness Act. The east side of the area is
bordered by vast private ranchlands that have helped define
Montana's western heritage.
S. 364 would designate approximately 195,000 acres of
Federal land managed by the Forest Service and approximately
13,000 acres of Federal land managed by the Bureau of Land
Management (BLM) as the Rocky Mountain Front Conservation
Management Area (CMA). The bill would also designate additions
to the National Wilderness Preservation System of approximately
50,400 acres to the Bob Marshall Wilderness and approximately
16,700 acres to the Scapegoat Wilderness; both areas would be
managed by the Forest Service. The Department defers to the
Department of the Interior on the designation of lands managed
by the Bureau of Land Management (BLM).
The Rocky Mountain Front CMA would be managed to conserve,
protect, and enhance its recreation, scenic, historical,
cultural, fish, wildlife, roadless, and ecological values.
Within the CMA, S. 364 would permit the use of motorized
vehicles only on existing roads, motorized trails and
designated areas. S. 364 would allow for the construction of
temporary roads as part of a vegetation management project in
any portion of the CMA not more than \1/4\ mile from designated
roads. The bill also would authorize the use of motorized
vehicles for administrative purposes including noxious weed
eradication or grazing management. Livestock grazing would
continue within the Conservation Area and Wilderness Areas
where established prior to the date of enactment.
S. 364 would require the Secretary to prepare a
comprehensive management strategy for the Rocky Mountain Ranger
District on the Lewis and Clark National Forest to prevent,
control, and eradicate noxious weeds. The Secretary also would
be required to conduct a study to improve non-motorized
recreation trail opportunities.
For decades, the Forest Service has worked in partnership
with landowners to protect the economic and social value of the
land considered for designation as the CMA. There are 21
Federal land grazing allotments in the CMA. The landscape also
provides some of the best backcountry recreation experiences in
the world. Because of the popularity of the area, Federal and
private land managers have realized that there must be specific
management emphasis placed on how the lands are used and
protected. As more people enjoy and use this area, influxes of
noxious weeds have occurred that could change the native
ecosystem structure and function and seriously impact the
private ranches. S. 364 calls for measures that would direct
Federal agencies to work with State and private organizations
to implement projects that concentrate on the prevention,
control and eradication of invasive plants such as spotted
knapweed (Centaurea maculosa Lam.) that are threatening to
change the ecosystem. The Lewis and Clark National Forest
routinely works with other agencies and land owners to address
noxious and invasive weed concerns. The Lewis and Clark
National Forest is in the process of developing a memorandum of
understanding with the U.S. Department of Agriculture Natural
Resources and Conservation Service (NRCS) that addresses how
the agencies will work together regarding noxious weed control
measures on the interface between private and Federal lands.
The Department supports the intent described in the bill to
address noxious weeds. The Department also supports the
National Forest System lands identified for motorized and non-
motorized recreation use, including mountain biking, in the
conservation areas. The provisions in S. 364 are consistent
with the current travel management plan for the Rocky Mountain
Ranger District. The travel management plan was approved by the
Lewis and Clark National Forest Supervisor in October of 2007
after extensive public participation. Approximately 67,000
acres of land are identified in the forest plan for the Lewis
and Clark as either recommended to Congress for wilderness
designation or for further study for their potential as
wilderness. The Department supports the wilderness designations
included in this bill.
The Department recognizes the management of vegetation
along current motorized forest roads is an important component
of this bill. Public safety is an important consideration in an
area that is impacted by mountain pine beetle, which has
created physical risk to the roadways and possible increased
fire risk due to ignitions from road users. The Beaver-Willow
Road, a previously established road, crosses through the Bear-
Marshall-Scapegoat-Swan inventoried roadless area. As we
understand the bill, the road's location in an inventoried
roadless area would not preclude timber harvest within \1/4\
mile of the Beaver-Willow Road.
Statement of Ned Farquhar, Deputy Assistant Secretary, Land and
Minerals Management, Department of the Interior
Thank you for the invitation to testify on S. 364, the
Rocky Mountain Front Heritage Act which designates
approximately 208,000 acres of Federal land in Montana as the
Rocky Mountain Front Conservation Management Area. S. 364
primarily affects lands managed by the United States Forest
Service (FS). The Department of the Interior defers to the
Department of Agriculture regarding designations on lands
managed by the FS. Over 13,000 of the acres proposed for
special designation under the bill are managed by the Bureau of
Land Management (BLM). The Department of the Interior supports
the designation of the BLM lands as part of the Rocky Mountain
Front Conservation Management Area (CMA).
background
A unique and stunningly beautiful area in west-central
Montana, the Rocky Mountain Front is located within Pondera,
Teton, and Lewis and Clark Counties and contains unparalleled
cultural, recreational, scenic, and biological resources. The
lands administered by the BLM are dominated by massive
limestone cliffs rising to an elevation of 7,700 feet and
include grasslands, shrub lands, and limber and white-bark pine
forests. Numerous wildlife and fish populations are supported
by the highly varied topography and diverse vegetation that for
generations has provided an outstanding experience for hunters,
anglers and other recreationists. Huntable populations of elk,
mule deer, big horn sheep, mountain goats and black bear all
occur within the area being considered in the proposed
legislation. In addition, threatened species including grizzly
bear, Canada lynx, and bull trout are found on these BLM-
managed lands.
Congress recognized this priceless region in 2006 when it
included the withdrawal of the entire area from new mining
claims and mineral leasing in section 403(a) of Public Law 109-
432. The BLM currently manages these lands for their important
resource values as administratively-designated Outstanding
Natural Areas (Blind Horse, Ear Mountain, Chute Mountain and
Deep Creek-Battle Creek).
s. 364
S. 364 designates over 200,000 acres of federal land in
Montana's Rocky Mountain Front as the Rocky Mountain Front
Conservation Management Area. Approximately 13,000 acres of
public land managed by the BLM would be included in that
designation. Running along the eastern edge of the CMA, the
lands managed by the BLM are largely closed to motorized access
and include a trail system popular with those seeking a wilder
recreational experience.
The overall management scheme envisioned for the CMA is
consistent with current BLM management of these lands. Under
the provisions of S. 364, motorized vehicles within the CMA
would be limited to roads and trails designated for their use
and grazing would be allowed to continue where it currently
exists.
The BLM recommends that the bill be amended to specify that
the BLM-managed lands within the CMA be included in the BLM's
National Landscape Conservation System (NLCS). The CMA is very
similar to BLM's National Conservation Areas (NCAs) and
inclusion in the NLCS is appropriate.
conclusion
Thank you for the opportunity to testify in support of S.
364 as it applies to lands managed by the BLM.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by S. 364 as ordered reported.