§539r — Title 16 Conservation | U.S. Code

Summary

Creates the Rocky Mountain Front Conservation Management Area in Montana and adds about 50,401 acres to the Bob Marshall Wilderness and about 16,711 acres to the Scapegoat Wilderness. The Conservation Management Area includes about 195,073 acres of Forest Service land and 13,087 acres of BLM land as shown on the map titled “Rocky Mountain Front Heritage Act” dated October 27, 2011. Key terms: Conservation Management Area = the Rocky Mountain Front area; decommission = replant vegetation and restore drainage after removing a road; district = Rocky Mountain Ranger District of the Lewis and Clark National Forest; map = the map named above; nonmotorized recreation trail = trail for hiking, biking, or horseback; Secretary = the Secretary of Agriculture for Forest Service land and the Secretary of the Interior for BLM land; State = Montana. The land must be managed to conserve and improve recreational, scenic, historical, cultural, fish, wildlife, roadless, and ecological values. Motorized vehicles are allowed only on roads, trails, and places that were designated for motorized use on December 19, 2014. No new or temporary roads are allowed except to reroute or close roads to protect resources, for certain short-term vegetation projects within 1/4 mile of named roads (Teton Road, South Teton Road, Sun River Road, Beaver Willow Road, or Benchmark Road), for administrative uses (like weed control or grazing), or in emergencies. Any temporary road built for a vegetation project must be decommissioned within 3 years after the project ends. Grazing that was in place on December 19, 2014 may continue under reasonable rules and existing laws. Vegetation management projects are allowed if they follow laws and support the area’s conservation purposes. The designation does not create a protective buffer around the area. The wilderness additions must be managed under the Wilderness Act, with the effective date treated as December 19, 2014. Grazing and existing grazing facilities that existed before December 19, 2014 may continue under Wilderness Act rules, and the Secretary may act to control fire, insects, and disease. The Secretary must prepare maps and legal descriptions as soon as possible after December 19, 2014; those maps will be official and kept available for public inspection. The Secretary of Agriculture must, within 1 year after December 19, 2014, prepare a plan to prevent and control noxious weeds in the district, including ways to protect wildlife and cooperate with State and local agencies, tribes, nonprofits, and county weed districts in Glacier, Pondera, Teton, and Lewis and Clark Counties. The Secretary must consult Interior, state, tribal, and local entities and the public when making the plan. Within 2 years after December 19, 2014, the Secretary of Agriculture must study ways to improve nonmotorized trails (including mountain biking) on non‑wilderness land in the district. State authority over fish and wildlife management and FAA authority over airspace remain unchanged, and use of the Benchmark (3U7) airstrip can continue. The Zook Creek and Buffalo Creek wilderness study areas are declared adequately studied and are no longer subject to section 603(c) or Secretarial Order 3310; they will be managed under existing land use plans. The Secretary must review oil and gas potential for the Bridge Coulee and Musselshell Breaks study areas within 5 years after December 19, 2014, and must report the results to the Senate Energy and Natural Resources Committee and the House Natural Resources Committee within 30 days after finishing the review.

Title 16, §539r

Conservation — Source: USLM XML via OLRC

(a)In this section:

(1)The term “Conservation Management Area” means the Rocky Mountain Front Conservation Management Area established by subsection (b)(1)(A).

(2)The term “decommission” means—

(A)to reestablish vegetation on a road; and

(B)to restore any natural drainage, watershed function, or other ecological processes that are disrupted or adversely impacted by the road by removing or hydrologically disconnecting the road prism.

(3)The term “district” means the Rocky Mountain Ranger District of the Lewis and Clark National Forest.

(4)The term “map” means the map entitled “Rocky Mountain Front Heritage Act” and dated October 27, 2011.

(5)The term “nonmotorized recreation trail” means a trail designed for hiking, bicycling, or equestrian use.

(6)The term “Secretary” means—

(A)with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and

(B)with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior.

(7)The term “State” means the State of Montana.

(b)(1)(A)Subject to valid existing rights, there is established the Rocky Mountain Front Conservation Management Area in the State.

(B)The Conservation Management Area shall consist of approximately 195,073 acres of Federal land managed by the Forest Service and 13,087 acres of Federal land managed by the Bureau of Land Management in the State, as generally depicted on the map.

(C)Any land or interest in land that is located in the Conservation Management Area and is acquired by the United States from a willing seller shall—

(i)become part of the Conservation Management Area; and

(ii)be managed in accordance with—

(I)in the case of land managed by the Forest Service—

(aa)the Act of March 1, 1911 (commonly known as the “Weeks Law”) (16 U.S.C. 552 et seq.); and

(bb)any laws (including regulations) applicable to the National Forest System;

(II)in the case of land managed, by the Bureau of Land Management, the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);

(III)this subsection; and

(IV)any other applicable law (including regulations).

(2)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 Conservation Management Area.

(3)(A)The Secretary shall manage the Conservation Management Area—

(i)in a manner that conserves, protects, and enhances the resources of the Conservation Management Area; and

(ii)in accordance with—

(I)the laws (including regulations) and rules applicable to the National Forest System for land managed by the Forest Service;

(II)the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) for land managed by the Bureau of Land Management;

(III)this subsection; and

(IV)any other applicable law (including regulations).

(B)(i)The Secretary shall only allow such uses of the Conservation Management Area that the Secretary determines would further the purposes described in paragraph (2).

(ii)(I)The use of motorized vehicles in the Conservation Management Area shall be permitted only on existing roads, trails, and areas designated for use by such vehicles as of December 19, 2014.

(II)Except as provided in subclause (III), no new or temporary roads shall be constructed within the Conservation Management Area.

(III)Nothing in subclause (I) or (II) prevents the Secretary from—

(aa)rerouting or closing an existing road or trail to protect natural resources from degradation, as determined to be appropriate by the Secretary;

(bb)constructing a temporary road on which motorized vehicles are permitted as part of a vegetation management project in any portion of the Conservation Management Area located not more than ¼ mile from the Teton Road, South Teton Road, Sun River Road, Beaver Willow Road, or Benchmark Road;

(cc)authorizing the use of motorized vehicles for administrative purposes (including noxious weed eradication or grazing management); or

(dd)responding to an emergency.

(IV)The Secretary shall decommission any temporary road constructed under subclause (III)(bb) not later than 3 years after the date on which the applicable vegetation management project is completed.

(iii)The Secretary shall permit grazing within the Conservation Management Area, if established on December 19, 2014—

(I)subject to—

(aa)such reasonable regulations, policies, and practices as the Secretary determines appropriate; and

(bb)all applicable laws; and

(II)in a manner consistent with—

(aa)the purposes described in paragraph (2); and

(bb)the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96–617).

(iv)Nothing in this section prevents the Secretary from conducting vegetation management projects within the Conservation Management Area—

(I)subject to—

(aa)such reasonable regulations, policies, and practices as the Secretary determines appropriate; and

(bb)all applicable laws (including regulations); and

(II)in a manner consistent with the purposes described in paragraph (2).

(4)(A)The designation of the Conservation Management Area shall not create a protective perimeter or buffer zone around the Conservation Management Area.

(B)The fact that activities or uses can be seen or heard from areas within the Conservation Management Area shall not preclude the conduct of the activities or uses outside the boundary of the Conservation Management Area.

(c)(1)In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following Federal land in the State is designated as wilderness and as additions to existing components of the National Wilderness Preservation System:

(A)Certain land in the Lewis and Clark National Forest, comprising approximately 50,401 acres, as generally depicted on the map, which shall be added to and administered as part of the Bob Marshall Wilderness designated under section 3 of the Wilderness Act (16 U.S.C. 1132).

(B)Certain land in the Lewis and Clark National Forest, comprising approximately 16,711 acres, as generally depicted on the map, which shall be added to and administered as part of the Scapegoat Wilderness designated by the first section of Public Law 92–395 (16 U.S.C. 1132 note).

(2)Subject to valid existing rights, the land designated as wilderness additions by paragraph (1) shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be deemed to be a reference to December 19, 2014.

(3)The grazing of livestock and the maintenance of existing facilities relating to grazing in the wilderness additions designated by this subsection, if established before December 19, 2014, shall be permitted to continue in accordance with—

(A)section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and

(B)the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96–617).

(4)In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), within the wilderness additions designated by this subsection, the Secretary may take any measures that the Secretary determines to be necessary to control fire, insects, and diseases, including, as the Secretary determines appropriate, the coordination of those activities with a State or local agency.

(5)(A)The designation of a wilderness addition by this subsection shall not create any protective perimeter or buffer zone around the wilderness area.

(B)The fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness addition designated by this subsection shall not preclude the conduct of those activities or uses outside the boundary of the wilderness area.

(d)(1)As soon as practicable after December 19, 2014, the Secretary shall prepare maps and legal descriptions of the Conservation Management Area and the wilderness additions designated by subsections (b) and (c), respectively.

(2)The maps and legal descriptions prepared under paragraph (1) shall have the same force and effect as if included in this section, except that the Secretary may correct typographical errors in the map and legal descriptions.

(3)The maps and legal descriptions prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service and Bureau of Land Management.

(e)(1)Not later than 1 year after December 19, 2014, the Secretary of Agriculture shall prepare a comprehensive management strategy for preventing, controlling, and eradicating noxious weeds in the district.

(2)The management strategy shall—

(A)include recommendations to protect wildlife, forage, and other natural resources in the district from noxious weeds;

(B)identify opportunities to coordinate noxious weed prevention, control, and eradication efforts in the district with State and local agencies, Indian tribes, nonprofit organizations, and others;

(C)identify existing resources for preventing, controlling, and eradicating noxious weeds in the district;

(D)identify additional resources that are appropriate to effectively prevent, control, or eradicate noxious weeds in the district; and

(E)identify opportunities to coordinate with county weed districts in Glacier, Pondera, Teton, and Lewis and Clark Counties in the State to apply for grants and enter into agreements for noxious weed control and eradication projects under the Noxious Weed Control and Eradication Act of 2004 (7 U.S.C. 7781 et seq.).

(3)In developing the management strategy required under paragraph (1), the Secretary shall consult with—

(A)the Secretary of the Interior;

(B)appropriate State, tribal, and local governmental entities; and

(C)members of the public.

(f)Not later than 2 years after December 19, 2014, the Secretary of Agriculture, in consultation with interested parties, shall conduct a study to improve nonmotorized recreation trail opportunities (including mountain bicycling) on land not designated as wilderness within the district.

(g)Nothing in this section affects the jurisdiction of the State with respect to fish and wildlife management (including the regulation of hunting and fishing) on public land in the State.

(h)(1)Nothing in this section affects the jurisdiction of the Federal Aviation Administration with respect to the airspace above the wilderness or the Conservation Management Area.

(2)Nothing in this section affects the continued use, maintenance, and repair of the Benchmark (3U7) airstrip.

(i)(1)Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the Zook Creek and Buffalo Creek wilderness study areas in the State have been adequately studied for wilderness designation.

(2)The Zook Creek and Buffalo Creek wilderness study areas—

(A)are no longer subject to—

(i)section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); or

(ii)Secretarial Order 3310 issued on December 22, 2010; and

(B)shall be managed in accordance with the applicable land use plans adopted under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712).

(j)(1)Not later than 5 years after December 19, 2014, the Secretary shall review and update the assessment for oil and gas potential for the following wilderness study areas in the State:

(A)Bridge Coulee.

(B)Musselshell Breaks.

(2)Not later than 30 days after the date on which the review is completed under paragraph (1), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes the oil and gas potential for the wilderness study areas.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Act of March 1, 1911, referred to in subsec. (b)(1)(C)(ii)(I)(aa), is act Mar. 1, 1911, ch. 186, 36 Stat. 961, popularly known as the Weeks Law, which enacted former section 513 and 514 and sections 515 to 519, 521, 552, and 563 of this title and amended section 480 and 500 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 552 of this title and Tables. The Federal Land Policy and Management Act of 1976, referred to in subsec. (b)(1)(C)(ii)(II), (3)(A)(ii)(II), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see

Short Title

note set out under section 1701 of Title 43 and Tables. The Wilderness Act, referred to in subsec. (c)(1), (2), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, which is classified generally to chapter 23 (§ 1131 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1131 of this title and Tables. The first section of Public Law 92–395, referred to in subsec. (c)(1)(B), enacted provisions listed in a table of Wilderness Areas set out under section 1132 of this title. The Noxious Weed Control and Eradication Act of 2004, referred to in subsec. (e)(2)(E), is subtitle E (§§451–457) of title IV of Pub. L. 106–224, as added by Pub. L. 108–412, §1, Oct. 30, 2004, 118 Stat. 2320, which is classified generally to subchapter V (§ 7781 et seq.) of chapter 104 of Title 7, Agriculture. For complete classification of this Act to the Code, see

Short Title

note set out under section 7701 of Title 7 and Tables.

§539r Rocky Mountain Front Conservation Management Area and Wilderness Additions

Summary

Title 16, §539r

Notes & Related Subsidiaries

Editorial Notes

References in Text

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Citations & Metadata