[Senate Report 118-155]
[From the U.S. Government Publishing Office]
Calendar No. 307
118th Congress } { Report
SENATE
2d Session } { 118-155
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BLACKFOOT CLEARWATER STEWARDSHIP ACT
_______
January 9, 2024.--Ordered to be printed
_______
Mr. Manchin, from the Committee on Energy and Natural
Resources, submitted the following
R E P O R T
[To accompany S. 2149]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2149) to sustain economic development and
recreational use of National Forest System land in the State of
Montana, to add certain land to the National Wilderness
Preservation System, to designate new areas for recreation, 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. 2149 are to direct the Secretary of
Agriculture to complete a landscape assessment and develop a
10-year schedule for forest restoration projects on certain
National Forest lands in the Lolo National Forest in Montana,
and to designate certain National Forest lands in the State as
recreation areas or as components of the National Wilderness
Preservation System.
BACKGROUND AND NEED
The Seeley Lake District of the Lolo National Forest in
west-central Montana lies in a heavily forested valley,
bordered by the Swan Mountain range to the east and the Mission
Mountains range to the west. The area provides numerous
opportunities for diverse four-season recreation such as
snowmobiling, cross-country skiing, hiking, hunting, and
fishing. The Forest also provides timber to support the forest
products industry.
Over the past 6 years a collaborative group comprised of
various organizations and stakeholders have worked to develop
landscape-scale planning within the 400,000-acre Blackfoot
Clearwater Stewardship Project area. The collective planning
effort is designed to provide for forest restoration
treatments, designate certain areas for recreation, and
permanently protect certain landscapes and fish and wildlife
habitat through wilderness designation. S. 2149 would advance
this collective planning effort by addressing specifically the
restoration, conservation, and recreation aspects of the
project area.
LEGISLATIVE HISTORY
S. 2149 was introduced by Senator Tester on June 22, 2023.
The Subcommittee on Public Lands, Forests, and Mining held a
hearing on S. 2149 on July 12, 2023.
Senator Tester introduced similar legislation in the 117th
Congress, S. 1493, on April 29, 2021. The Subcommittee on
Public Lands, Forests, and Mining held a hearing on S. 1493 on
October 19, 2021.
Similar legislation, S. 1765, was introduced in the 116th
Congress by Senator Tester on June 10, 2019. The Subcommittee
on Public Lands, Forests, and Mining held a hearing on S. 1765
on September 16, 2020 (S. Hrg. 116-380).
During the 115th Congress, Senator Tester introduced
similar legislation, S. 507, on March 2, 2017. The Subcommittee
on Public Lands, Forests, and Mining held a hearing on the bill
on February 7, 2018 (S. Hrg. 115-502).
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on September 21, 2023, by a majority
voice vote of a quorum present, recommends that the Senate pass
S. 2149. Senator Lee asked to be recorded as voting no.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title; table of contents
Subsection (a) provides the short title of the bill, the
``Blackfoot Clearwater Stewardship Act.''
Subsection (b) provides a table of contents for the bill.
Section 2. Definitions
Section 2 defines key terms used in the bill.
TITLE I--FOREST RESTORATION
Sec. 101. Landscape assessment
Subsection (a) directs the Secretary of Agriculture
(Secretary), in collaboration with interested parties, to
conduct a landscape assessment of the Steely Lake Ranger
District in the Lolo National Forest (District) no later than 3
years after the date of enactment of this Act.
Subsection (b) requires the landscape assessment to
consider ecological conditions of the forests and watersheds in
the District and to identify restoration actions needed for
ecosystem sustainability, resilience, and health by assisting
in the recovery of forest ecosystems.
Subsection (c) provides that the Secretary may fulfill the
requirements of this section by using any landscape assessment
underway at the date of enactment of this Act that contains the
components required under subsection (b).
Subsection (d) requires the Secretary to develop a 10-year
schedule of restoration projects following the completion of
the landscape assessment.
Sec. 102. Environmental review of collaboratively developed restoration
projects
Subsection (a) defines a collaboratively developed
restoration project to be in accordance with the requirements
of the Collaborative Forest Landscape Restoration Program
established by section 4003(b) of Public Law 111-11 (16 U.S.C.
7303(b)).
Subsection (b) allows a collaboratively developed
restoration project to be carried out in accordance with
hazardous fuel reduction projects under the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6514-6516).
Subsection (c) authorizes the Secretary to request a
meeting with an objector to any of the collaboratively
developed restoration project within the District.
TITLE II--RECREATION
Sec. 201. Otatsy Recreation Management Area
Subsection (a) establishes the 2,013 acre Otatsy Recreation
Management Area in the Lolo National Forest as depicted on the
map and subject to valid existing rights.
Subsection (b) requires the Secretary to manage the
recreation management area in accordance with this section, to
conserve, protect, and enhance the scenic, fish and wildlife,
recreational, backcountry heritage, and other natural resource
values of the recreation management area, and any laws
applicable to the National Forest System.
Subsection (c) prohibits permanent roads and timber
harvesting on federal land within the recreation management
area. It also prohibits the use of motorized and mechanized
vehicles and the establishment of temporary roads within the
area, except as necessary to provide for snowmobile use,
meeting the minimum requirements of administration of the area,
and to protect public health and safety.
Subsection (d) provides that the use of snowmobiles shall
be allowed in the recreation management area between December 1
and April 1, during periods of adequate snow cover, and subject
to terms and conditions the Secretary deems necessary.
Subsection (e) authorizes the Secretary to carry out
measures the Secretary determines to be necessary to control
fire, insects, and diseases, and allows for the coordination of
those activities with State and local agencies.
Subsection (f) withdraws the recreation management area
from all forms of entry, appropriation, or disposal under the
public land laws; location, entry and patent under the mining
laws; and disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
Sec. 202. Spread Mountain Recreation Area
Subsection (a) establishes the 3,835 acre Spread Mountain
Recreation Area as depicted on the map and subject to valid
existing rights.
Subsection (b) requires the Secretary to manage the
recreation area in accordance with this section, to conserve,
protect, and enhance the scenic, fish and wildlife,
recreational, backcountry heritage, and other natural resource
values of the recreation area, and any laws applicable to the
National Forest System.
Subsection (c) prohibits permanent roads and timber
harvesting on federal land within the recreation area. It also
prohibits the use of motorized and mechanized vehicles and the
establishment of temporary roads within the area, except as
necessary to meet the minimum requirements of administration of
the area, and to protect public health and safety.
Subsection (d) provides that nothing in this section
prohibits the use of mechanized vehicles, access by
pedestrians, or horse travel and any construction of trails for
these uses within the recreation area.
Subsection (e) authorizes the Secretary to carry out
measures the Secretary determines to be necessary to control
fire, insects, and diseases, and allows for the coordination of
those activities with State and local agencies.
Subsection (f) withdraws the area for inclusion in the
recreation area from all forms of entry, appropriation, or
disposal under the public land laws; location, entry and patent
under the mining laws; and disposition under all laws
pertaining to mineral and geothermal leasing or mineral
materials.
Sec. 203. Trail-based recreation
Subsection (a) defines the term ``collaboratively
developed'' to include multiple interested persona representing
diverse interests, and to be transparent and non-exclusive.
Subsection (b) authorizes the Secretary to analyze a
collaboratively-developed proposal if submitted no later than 5
years after the date of enactment of this Act, in accordance
with the National Environmental Policy Act of 1969, and subject
to appropriations, to provide for the construction of any
routes included in the proposal. The subsection also requires
the Secretary to complete the analysis no later than 3 years
after the Secretary receives the proposal, and to give priority
to expanding motorized and non-motorized recreational trail
opportunities within the district that are in the public
interest.
Subsection (c) authorizes the Secretary to accept volunteer
services and contributions from non-Federal sources to
construct and maintain recreational trails.
Subsection (d) requires the Secretary to carry out this
section in compliance with the laws generally applicable to the
National Forest System and this Act.
Subsection (e) states that nothing in this section affects
the ownership or management of, or any other right relating to,
any non-Federal land (including any interests in land).
TITLE III--CONSERVATION
Sec. 301. Designation of wilderness areas
Section 301 designates the following areas as additions to
existing National Forest wilderness areas in Montana, and as
components of the National Wilderness Preservation System:
Paragraph (1) designates the 39,422 acre North Fork
Blackfoot-Monture Creek Addition and the 7,784 ace Grizzly
Basin of the Swan Range Addition to be a part of the Bob
Marshall Wilderness.
Paragraph (2) designates the 4,462 acre West Fork
Clearwater Addition to be a part of the Mission Mountain
Wilderness.
Paragraph (3) designates the 27,392 acre North Fork
Blackfoot-Monture Creek Addition to be a part of the Scapegoat
Wilderness.
Sec. 302. Administration of wilderness areas
Subsection (a) directs the Secretary to manage the
wilderness area additions designated by this title in
accordance with the Wilderness Act.
Subsection (b) provides that any land within the boundary
of a wilderness area designated in section 301 shall become a
part of the wilderness area in which the land is located, be
withdrawn from the public lands and mining laws, and be managed
in accordance with the Wilderness Act.
Subsection (c) withdraws any land designated as wilderness
in section 301 from all forms of entry, appropriation, or
disposal under the public land laws; location, entry and patent
under the mining laws; and disposition under all laws
pertaining to mineral and geothermal leasing or mineral
materials.
Subsection (d) authorizes the Secretary, in accordance with
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)),
to carry out measures the Secretary determines to be necessary
in the wilderness areas designated in section 301 to control
fire, insects, and diseases, and allows for the coordination of
those activities with State and local agencies.
Subsection (e) requires the Secretary, in accordance with
section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)), to
provide the owner of private lands within the boundary of a
wilderness area designated in section 301 access to their land.
Subsection (f) provides that nothing in this title affects
the jurisdiction or responsibilities of the State of Montana
with respect to fish and wildlife including hunting, fishing,
and trapping.
Subsection (g) clarifies that nothing in this tile prevents
the installation or maintenance of hydrological,
meteorological, or climatological instrumentation in a
wilderness area designated in section 301, if the Secretary
determines that it is necessary to advance scientific,
educational, or conservation purposes of the wilderness area.
Subsection (h) permits the continued use of livestock
grazing if it was established before the date of enactment of
this Act, and requires grazing to be in accordance with the
Wilderness Act and the grazing guidelines described in House
Report 96-617.
Subsection (i) authorizes commercial recreational services
(including authorized outfitting and guide activities) to
operate within the wilderness areas to the extent necessary for
activities that fulfill the recreational or other wilderness
purposes of the areas, in accordance with section 4(d)(5) of
the Wilderness Act (16 U.S.C. 133(d)(5)). The Secretary is not
required to modify any permit to provide outfitting and guide
services within the wilderness areas if the Secretary
determines that such services are in compliance with the
Wilderness Act.
Subsection (j) provides that the designation of a
wilderness addition in section 301 shall not create any
protective perimeter or buffer zone around the wilderness area
and the fact that any non-wilderness activity that can be seen
or heard within the wilderness area shall not preclude the
activity from occurring.
Sec. 303. Maps and legal description
Subsection (a) requires the Secretary to file a map and
legal description of the Otatsy Recreation Management Area, the
Spread Mountain Recreation Area, and each wilderness area
designated under this Act.
Subsection (b) requires the Secretary to submit the maps
and legal description to the House and Senate authorizing
committees.
Subsection (c) provides that the maps and legal
descriptions filed under subsection (b) shall have the same
force and effect as if included in this title.
Subsection (d) requires the maps and legal description to
be on file and publically available in the appropriate offices
of the Forest Service and Bureau of Land Management.
TITLE IV--EFFECT
Sec. 401. Protection of tribal treaty rights
This section clarifies that nothing in this Act alters,
modifies, enlarges, diminishes, or abrogates the treaty rights
of any Indian Tribe.
COST AND BUDGETARY CONSIDERATIONS
The Committee has requested, but has not yet received, the
Congressional Budget Office's estimate of the cost of S. 2149
as ordered reported. When the Congressional Budget Office
completes its cost estimate, it will be posted on the Internet
at www.cbo.gov.
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. 2149. 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. 2149, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 2149, as ordered 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 the Forest Service at the
Subcommittee on Public Lands, Forests, and Mining hearing on S.
2149 held on July 12, 2023, follows:
Testimony of Chris French, Deputy Chief United States Department of
Agriculture Forest Service
s. 2149, ``blackfoot clearwater stewardship act''
S. 2149, the Blackfoot Clearwater Stewardship Act, is a
multi-faceted bill affecting the Lolo National Forest (Lolo) in
Montana. USDA supports this bill and strongly appreciates
Senator Tester's commitment to Montana's natural resources and
public lands. We recognize that the proposed bill is the
product of a collaborative effort, and we appreciate that this
legislation would provide benefits to Montana's communities and
the Lolo National Forest. We look forward to working with the
subcommittee and Senator Tester as the bill progresses.
The bill directs the Secretary of Agriculture to develop a
landscape assessment of watershed conditions and restoration
needs on the Seeley Lake Ranger District within three years of
enactment. It further directs the Secretary, in collaboration
with interested parties, to develop a 10-year schedule of
restoration projects as soon as practicable following the
assessment. Restoration projects developed pursuant to the Act
may be implemented using the authorities found in the Healthy
Forests Restoration Act of 2003.
Additionally, the bill would establish a 2,013-acre Otatsy
Recreation Management Area in which recreational motorized and
mechanized uses and temporary roads generally would be
prohibited and snowmobiles would be allowed during the winter,
as determined by the Secretary. S. 2149 also would establish a
3,835-acre Spread Mountain Recreation Area in which motorized
use generally would be prohibited but mechanized use would be
allowed. S. 2149 would require the Secretary to analyze, within
three years of receipt, a collaboratively developed proposal to
improve motorized and non-motorized recreational trail
opportunities within the district if such a proposal is
submitted within five years of enactment. Finally, the bill
would designate an additional 79,060 acres to the National
Wilderness Preservation System.
The Lolo Land Management Plan revision, which includes
extensive public engagement, has begun. The land management
plan revision includes a forest-wide assessment to inform the
development of desired conditions and objectives for the
restoration and maintenance of ecological conditions across the
plan area. It identifies priority watersheds for restoration
using the National Watershed Condition Framework. As that
effort overlaps with and informs the requirements in Title 1,
we would like to work with the bill sponsor to coordinate the
desired outcomes of this legislation with our plan revision
process.
Title II, section 203, would require the Forest Service to
prepare a NEPA analysis for any collaboratively developed
proposal to improve motorized and non-motorized recreational
trail opportunities within the Ranger District within three
years of receipt of the proposal. USDA would like to work with
the bill sponsor to align this work with the land management
plan revision process to enhance efficiency.
USDA recognizes and appreciates that the bill is the
product of a collaborative effort. The concepts embodied in
this legislation--such as recognizing collaboratively developed
landscape scale restoration and recreation proposals--are
greatly appreciated. USDA shares Senator Tester's respect for
and commitment to collaboration, and the Forest Service is
working with and will continue to work with Senator Tester on
modifications to ensure that implementation of the bill will
complement the Lolo National Forest land management plan
revision process.
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. 2149, as ordered
reported.