109th CONGRESS
1st Session
H. R. 1204
To designate as wilderness, wild and scenic rivers, national park
and preserve study areas, wild land recovery areas, and biological connecting
corridors certain public lands in the States of Idaho, Montana, Oregon, Washington,
and Wyoming, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
March 9, 2005
Mr. SHAYS (for himself, Mrs. MALONEY, Mr. PAYNE, Mr. RUSH, Mr. BROWN of Ohio,
Mrs. NAPOLITANO, Mr. NADLER, Mr. MCDERMOTT, Mr. KILDEE, Mr. CASE, Mrs. DAVIS
of California, Mr. PALLONE, Mr. BLUMENAUER, Mr. BERMAN, Mr. CUMMINGS, Mr.
HONDA, Mr. CLAY, Mr. HOLT, Mr. FARR, Mr. INSLEE, Mr. CAPUANO, Mr. CHANDLER,
Mr. GILCHREST, Mr. SMITH of New Jersey, Mrs. CAPPS, Ms. LINDA T. SANCHEZ of
California, Ms. LORETTA SANCHEZ of California, Ms. HOOLEY, Mr. EMANUEL, Mr.
HOLDEN, Ms. PELOSI, Mr. STARK, Mr. GRIJALVA, Mr. FERGUSON, Mr. KUCINICH, Mr.
NEY, Mr. MOORE of Kansas, Mr. ALLEN, Mr. FATTAH, Mr. BECERRA, and Mr. THOMPSON
of California) introduced the following bill; which was referred to the Committee
on Resources
A BILL
To designate as wilderness, wild and scenic rivers, national park
and preserve study areas, wild land recovery areas, and biological connecting
corridors certain public lands in the States of Idaho, Montana, Oregon, Washington,
and Wyoming, 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; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Rockies Prosperity Act'.
(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--DESIGNATION OF WILDERNESS AREAS
Sec. 101. Designation of certain National Forest System lands and other
public lands as wilderness.
Sec. 102. Greater Glacier/Northern Continental Divide ecosystem.
Sec. 103. Greater Yellowstone ecosystem.
Sec. 104. Greater Salmon/Selway ecosystem.
Sec. 105. Greater Cabinet/Yaak/Selkirk ecosystem.
Sec. 106. Islands in the Sky Wilderness.
Sec. 107. Administration.
Sec. 108. Blackfeet Wilderness.
TITLE II--BIOLOGICAL CONNECTING CORRIDORS
Sec. 202. Designation of biological connecting corridors.
Sec. 203. Treatment of biological connecting corridors.
Sec. 204. Applicability of title.
Sec. 205. Cooperative agreements and land trades and acquisitions.
Sec. 206. Exemption of certain roads and highways.
TITLE III--NATIONAL PARKS, PRESERVES, AND RELATED STUDIES
Sec. 301. Hells Canyon/Chief Joseph National Preserve.
Sec. 302. Flathead National Park and Preserve study.
TITLE IV--WILD AND SCENIC RIVERS DESIGNATIONS
Sec. 401. Designation of wild and scenic rivers in Idaho, Montana, and Wyoming.
TITLE V--NATIONAL WILDLAND RESTORATION AND RECOVERY SYSTEM
Sec. 502. National Wildland Restoration and Recovery System.
Sec. 503. Management of Recovery System.
Sec. 504. National Wildland Recovery Corps.
TITLE VI--IMPLEMENTATION AND MONITORING
Sec. 601. Implementation report.
Sec. 602. Interagency team.
Sec. 603. Roadless lands evaluation.
Sec. 604. Native American uses.
Sec. 605. Cultural resources.
TITLE VII--RULES OF CONSTRUCTION
Sec. 702. Future designations.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Many areas of undeveloped National Forest System lands in the States
of Idaho, Montana, Oregon, Washington, and Wyoming possess outstanding natural
characteristics which give them high values as wilderness, parks, and wild
and scenic rivers and will, if properly preserved, be an enduring resource
of wilderness, wild land areas, and biodiversity for the benefit of the
American people.
(2) The Northern Rockies Bioregion contains the most diverse array of wild
lands remaining south of Canada, providing sanctuary for a host of species
listed as threatened or endangered under section 4(c) of the Endangered
Species Act of 1973 (16 U.S.C. 1533(c)). These national interest public
lands are among the most popular wild lands in the United States. embracing
greater ecosystems and national treasures such as the Greater Yellowstone,
Greater Glacier/Northern Continental Divide, Greater Hells Canyon/Wallowa,
Greater Salmon/Selway, and Greater Cabinet/Yaak/Selkirk ecosystems.
(3) The natural ecosystems in the Northern Rockies Bioregion are largely
dependent on National Forest System lands and the ecological productivity
and diversity of resources these Federal public lands provide. Conservation
of roadless areas on these public lands, which produces clean water, protects
native fisheries and native flora and fauna, and provides scenic and recreational
qualities, also preserves options for sustainable economics through activities
such as hunting, fishing, and wilderness-based recreation.
(4) The headwaters of several major river systems, including the Columbia,
Snake, Green, Missouri and Saskatchewan Rivers, originate in the Northern
Rockies Bioregion, and these rivers sending their waters to three different
oceans. These waters are of tremendous economic importance to farming and
ranching operations, municipal water supplies, and water-based recreation,
including fishing and boating. Protection of this world class water resource
will enhance these uses, reduce costs for water treatment and irrigation,
and increase native fish populations.
(5) The wildlife treasures of the Northern Rockies are of international
significance and contain remarkably intact large mammalian fauna and rare
and unique plant life. Wildlife habitat fragmentation due to roadbuilding,
timber harvest, mining, oil and gas exploration, lack of interagency cooperation,
and other activities has severe effects on the wildlife populations (including
those listed as threatened or endangered under section 4(c) of the Endangered
Species Act of 1973 (16 U.S.C. 1533(c))) and their habitat, the water quality,
the ancient forests, and the greater ecosystems of the Northern Rockies
Bioregion. The overemphasis on resource extraction from National Forest
System lands has compromised ecosystem integrity and detracted from economic
diversification opportunities. Economic instability and high unemployment
in rural, resource-dependent communities is a common result of overexploitation
of National Forest System lands.
(6) Continued fragmentation and development of the remaining roadless and
essentially roadless ecosystems and biological connectors of the Northern
Rockies would cause a loss to the Nation of an entire wild land region and
of the only remaining areas south of Canada still pristine enough to support
populations of caribou, gray wolves, grizzly bears, anadromous fish, and
numerous other rare and endangered plant and animal life all in one intact
bioregion.
(7) Since the 1936 roadless area inventory completed by Bob Marshall, millions
of acres of roadless wild lands have been developed in the Northern Rockies.
Extensive fragmentation of wild lands and wildlife habitat has resulted
in the listing of several species as threatened or endangered and reduced
the numbers and range of many others, including anadromous fish.
(8) The natural ecosystems of the Northern Rockies Bioregion also serve
as educational and research centers for on-site studies in biology, geology,
astronomy and other sciences. The pristine nature of the National Forest
System lands in the Northern Rockies Bioregion is helping local communities
attract new residents and businesses based on local quality of life.
(9) A review of the current situation in the Northern Rockies has revealed
the urgent need for an ecological reserve system for the Northern Rockies
Bioregion, which includes core ecosystem reserve areas and biological connecting
corridors necessary to ensure wildlife movements and genetic interchange
between the core reserve areas.
(10) The economic value to the Nation of most of these undeveloped areas,
left in their natural state, greatly exceeds any potential return to the
Treasury of the United States from timber harvest and development. If current
Federal land management in the Northern Rockies continues to result in the
development of roadless areas, the American public will be using its tax
dollars to fund permanent reductions in wilderness, water quality, fish
and wildlife habitat, and species and biological diversity.
(11) Instead, this Act provides opportunities for employment in outdoor
trades by establishing rehabilitation zones on specific tracts of damaged
Federal land where active restoration work will occur. This Act will provide
contracts for local businesses and renew the intrinsic economic, social
and cultural benefits that result from productive land. Federal land rehabilitation
projects represent a direct benefit to the local economy and reduce the
loss to American taxpayers caused by below-cost timber sales and other subsidized
resource extraction.
(12) The congressional review of roadless areas within National Forest System
lands in the States of Idaho, Montana, Oregon, Washington, and Wyoming has
identified areas which, on the basis of their land form, ecosystem, associated
fish and wildlife, economic value, and location will help to fulfill the
role of the United States Forest Service to ensure a quality National Wilderness
Preservation System. The review has identified other areas which may have
outstanding values as national parks and preserves and wild and scenic rivers.
The review has also identified areas which may not possess outstanding wilderness
attributes and should not now be designated as components of the National
Wilderness Preservation System, but which should be studied to determine
their role in maintaining biological diversity in the Northern Rockies.
(13) Many areas of National Forest System lands have been damaged and their
productivity reduced by unwise development practices which have also impaired
ecosystem function and biological diversity. The Island Park area adjacent
to Yellowstone National Park contains large clear-cut areas right up to
the park boundary. Efforts should be made to return these areas to their
former ecological health and native diversity by designating them as National
Wildland Restoration and Recovery areas. These efforts should seek to ensure
that vital ecosystem components are restored, especially in areas where
wildlife travel corridors and native fish and wildlife populations have
been damaged or eliminated. Restoration efforts should seek to ensure and
maintain genetic interchange, biological diversity, and restoration of native
species diversity throughout the Northern Rockies Bioregion.
(14) Federal agencies entrusted with managing the natural resources of the
Northern Rockies Bioregion operate under contradictory congressional mandates,
and thus are in dissension over management policies which involve common
resources and greater ecosystems. Existing agency structures and regulatory
mechanisms have proven unsatisfactory for responsible management of nationally
important ecosystems on public lands. Existing laws and regulations have
not been sufficient to establish and maintain agency accountability for
public resources.
(15) This Act does not affect lands that are in private ownership.
SEC. 3. PURPOSES.
(a) DESIGNATIONS- The purposes of this Act are--
(1) to designate certain National Forest System lands and Federal lands
under the jurisdiction of the Bureau of Land Management in the States of
Idaho, Montana, Oregon, Washington, and Wyoming as components of the National
Wilderness Preservation System;
(2) to designate certain National Forest System lands in the States of Montana,
Oregon, and Idaho as national park and preserve study areas;
(3) to designate certain National Forest System lands and watercourses in
the States of Montana, Idaho, and Wyoming as components of the National
Wild and Scenic Rivers System;
(4) to establish a pilot system of National Wildland Restoration and Recovery
Areas and a Wildlands Recovery Corps to help restore biological diversity
and native species; and
(5) to establish a system of biological connecting corridors between the
core ecosystems in the Northern Rockies Bioregion.
(b) PURPOSE OF DESIGNATIONS- The designations made by this Act are made in
order to--
(1) promote, perpetuate, and preserve the wilderness character of the land;
(2) protect water quality, watersheds, and wildlife habitat, including that
of species listed as threatened or endangered under section 4(c) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(c));
(3) protect the ecological integrity and contiguity of major wild land ecosystems
and their interconnecting corridors identified by the United States Fish
and Wildlife Service, and other sources;
(4) protect and maintain biological and native species diversity;
(5) promote and ensure interagency cooperation in the implementation of
integrated, holistic ecosystem management and protection of the ecosystems
and corridors covered by this Act based upon principles from conservation
biology;
(6) preserve scenic, historic, and cultural resources;
(7) promote scientific research, primitive recreation, solitude, physical
and mental challenge, and inspiration for the benefit of all of the American
people;
(8) avoid the misinvestment of scarce capital in lands of marginal timber
value; and
(9) promote ecologically and economically sustainable management in the
Northern Rockies Bioregion.
SEC. 4. DEFINITIONS.
For purposes of this Act:
(1) DEVELOPMENT- The term `development' means activities that eliminate
the roadless and wilderness characteristics of the land and includes ski
resort facilities and such activities as roadbuilding, timber harvest, mining,
and oil and gas drilling.
(2) ENTRY- The term `entry' means to enter a roadless area for purposes
of development and associated activities, such as roadbuilding, timber harvest,
mining, or other such activities which eliminate the roadless character
of the land.
(3) GREATER ECOSYSTEM- The term `greater ecosystem', when used in conjunction
with the specific ecosystems protected under this Act, means the ecological
land units of sufficient scale to support and maintain populations of large
vertebrate species and the other native plant and animal species of the
area. These units are comprised of lands which are similar in regards to
topography, climate, and plant and animal species. The ecosystems in the
Northern Rockies are also defined in terms of the habitat of wildlife indicator
species listed as threatened or endangered under section 4(c) of the Endangered
Species Act of 1973 (16 U.S.C. 1533(c)), including grizzly bear, gray wolf,
bald eagle, and caribou, and have been depicted on maps published by Federal
agencies.
(4) NORTHERN ROCKIES BIOREGION- The term `Northern Rockies Bioregion' means
the portion of the Northern Rocky Mountains in the States of Montana, Idaho,
Wyoming, Oregon, and Washington, so referred to on maps referred to in this
Act.
(5) RECOVERY- The term `recovery' means the restoration of lands damaged
by land management activities to a condition as close as possible to the
condition of the lands as existed prior to entry and development of the
lands.
(6) RECOVERY SYSTEM- The term `Recovery System' means the National Wildland
Restoration and Recovery System established in title V.
TITLE I--DESIGNATION OF WILDERNESS AREAS
SEC. 101. DESIGNATION OF CERTAIN NATIONAL FOREST SYSTEM LANDS AND OTHER
PUBLIC LANDS AS WILDERNESS.
In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.),
the National Forest System lands and other public lands described in this
title in the States of Idaho, Montana, Oregon, Washington, and Wyoming are
hereby designated as wilderness and, therefore, as components of the National
Wilderness Preservation System.
SEC. 102. GREATER GLACIER/NORTHERN CONTINENTAL DIVIDE ECOSYSTEM.
(a) FINDINGS- The Congress finds the following:
(1) The core of the Greater Glacier/Northern Continental Divide ecosystem
region is Glacier National Park and the Bob Marshall Wilderness, which was
the first wilderness area in the United States.
(2) This ecosystem includes unique lands, such as the Rocky Mountain Front,
where grizzlies still roam the prairies and America's largest herd of bighorn
sheep scales the craggy peaks.
(3) The Swan and Mission mountain ranges contain some of Montana's largest
old growth forests and pristine bull trout and westslope cutthroat trout
spawning runs.
(4) The Rocky Mountain Gray Wolf is making a comeback in this ecosystem,
and the ecosystem is home to the largest grizzly population in the lower
48 States.
(b) DESIGNATION- In order to protect the unique Greater Glacier/Northern Continental
Divide ecosystem, the areas specified in the table in subsection (c), which
together comprise approximately 1,102,535 acres as generally depicted on the
maps with titles corresponding to each area and dated January 2003, are hereby
designated as wilderness. Each wilderness area shall either be incorporated
into the wilderness area indicated or shall be known by the name given it
in the table. Each map shall be on file and available for public inspection
in the Office of the Chief of the Forest Service, Department of Agriculture.
(c) TABLE OF AREAS- The table referred to in subsection (b) is as follows:
GREATER GLACIER/NORTHERN CONTINENTAL DIVIDE ECOSYSTEM
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Name of Wilderness Area Approximate Acreage Location
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Choteau Mountain/Teton High Peaks/Deep Creek 106,272 Lewis & Clark National Forest/Bureau of Land Management
Renshaw 46,814 Lewis & Clark National Forest/Bureau of Land Management
Swan Front 169,430 Flathead Lolo National Forest
Swan Crest 89,351 Flathead National Forest
Limestone Caves/Lost Jack 36,155 Flathead National Forest
Monture Creek 98,859 Lolo National Forest
Total 546,881
Middle Fork 40,413 Flathead National Forest
South Fork 20,687 Flathead National Forest
Total 61,100
Stonewall Mountain 55,071 Helena National Forest
Silver King/Falls Creek 42,280 Lewis & Clark/Helena National Forest
Benchmark/Elk Creek 27,828 Lewis & Clark National Forest
Total 125,179
Mission additions 2,451 Flathead National Forest
Marshall Peak 8,770 Lolo National Forest
Total 11,221
Rattlesnake additions 3,704 Lolo National Forest
Badger-Two Medicine 128,622 Lewis & Clark National Forest
Sawtooth Ridge 14,521 Lewis & Clark National Forest
Mt Hefty/Tuchuck/Thompson-Seton 38,421 Flathead/Kootenai National Forests
Le Beau 6,472 Flathead/Kootenai National Forests
Ten Lakes 48,351 Kootenai National Forest
Lincoln Gulch 9,060 Helena National Forest
Anaconda Hill 19,606 Helena National Forest
Specimen Creek 13,494 Helena National Forest
Crater Mountain 9,612 Helena National Forest
Ogden Mountain 12,199 Helena National Forest
Nevada Mountain 54,092 Helena National Forest
ECOSYSTEM TOTAL 1,102,535
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