S AMDT 1470

S 1470 IS

To sustain the economic development and recreational use of National Forest System land and other public land in the State of Montana, to add certain land to the National Wilderness Preservation System, to release certain wilderness study areas, to designate new areas for recreation, and for other purposes.

July 20, 2009

Mr. TESTER introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

To sustain the economic development and recreational use of National Forest System land and other public land in the State of Montana, to add certain land to the National Wilderness Preservation System, to release certain wilderness study areas, to designate new areas for recreation, 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 ‘Forest Jobs and Recreation Act of 2009’.

(b) Table of Contents- The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings; purposes.

Sec. 3. Definitions.

TITLE I--STEWARDSHIP AND RESTORATION

Sec. 101. Definitions.

Sec. 102. Stewardship and restoration projects.

Sec. 103. Resource advisory committees.

Sec. 104. Monitoring; reporting.

Sec. 105. Biomass combined heat and power system projects.

Sec. 106. Funding.

Sec. 107. Administration.

Sec. 108. Termination of authority.

TITLE II--DESIGNATION OF WILDERNESS AND NATIONAL RECREATION AREAS

Sec. 201. Designation of wilderness and national recreation areas.

Sec. 202. Administration.

Sec. 203. Release of Bureau of Land Management study areas.

Sec. 204. Release of Sapphire and West Pioneer Wilderness study areas.

Sec. 205. Lost Creek Protection Area.

Sec. 206. West Big Hole National Recreation Area.

Sec. 207. West Pioneers Recreation Management Area.

Sec. 208. Thunderbolt Creek Recreation Area.

Sec. 209. Three Rivers Special Management Area.

Sec. 210. Otatsy Recreation Area.

SEC. 2. FINDINGS; PURPOSES.

(a) Findings- Congress finds that--

(1) forest restoration would--

(A) improve the habitats of fish and wildlife, including several species of fish and wildlife that are threatened or are otherwise of concern;

(B) reduce wildfire management costs by reestablishing natural fire regimes outside of a wildland-urban interface;

(C) improve the protection of property and homes within the wildland-urban interface; and

(D) demonstrate the manner by which--

(i) such actions can help achieve ecological and watershed health objectives; and

(ii) the use of forest restoration byproducts can offset treatment costs while benefitting local rural economies; and

(2) this Act--

(A) encourages the economic, social, and ecological sustainability of the region and nearby communities; and

(B) promotes collaboration and recognizes the positive relationship between wilderness, forest restoration activities, and communities by addressing multiple activities across a landscape, including--

(i) the implementation of forest restoration;

(ii) the development of biomass utilization systems that include combined heat and power generation; and

(iii) the permanent protection of backcountry areas.

(b) Purposes- The purposes of this Act are--

(1) to sustain the economic development and recreational use of National Forest System land and other public land in Montana;

(2) to reduce gridlock and promote local cooperation and collaboration in the management of forest land;

(3) to enhance forest diversity and produce wood fiber--

(A) to accomplish habitat restoration through the use of stewardship forestry practices; and

(B) to generate a more predictable flow of wood products for local communities of the State;

(4) to increase fish and wildlife populations and better protect and restore key watersheds and habitats;

(5) to improve the management of wildland fires;

(6) to reduce the size and severity of uncharacteristic fires on forest land to enhance the protection of private land, homes, and communities located adjacent to the affected forest land;

(7) to permanently protect and enhance motorized recreational opportunities in the Beaverhead-Deerlodge National Forest, the Lolo National Forest, and the Kootenai National Forest; and

(8) to protect and enhance the wild heritage and backcountry traditions of the State through--

(A) the addition of certain land to the National Wilderness Preservation System; and

(B) the management of other land in a manner that preserves existing primitive and semiprimitive recreational activities.

SEC. 3. DEFINITIONS.

In this Act:

(1) BEAVERHEAD-DEERLODGE NATIONAL FOREST- The term ‘Beaverhead-Deerlodge National Forest’ means the National Forest that is--

(A) comprised of--

(i) the Beaverhead National Forest; and

(ii) the Deerlodge National Forest; and

(B) managed by the Secretary concerned as a single administrative unit.

(2) FOREST PLAN- The term ‘forest plan’ means a land and resource management plan prepared in accordance with section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604).

(3) GAME CART- The term ‘game cart’ means a nonmotorized, mechanized tool that is used for the retrieval of wild game.

(4) SECRETARY CONCERNED- The term ‘Secretary concerned’ means--

(A) the Secretary of Agriculture, acting through the Chief of the Forest Service (including each contractor of the Forest Service, as appropriate), with respect to National Forest System land; and

(B) the Secretary of the Interior, with respect to land managed by the Bureau of Land Management (including land held for the benefit of an Indian tribe).

(5) STATE- The term ‘State’ means the State of Montana.

(6) WILDLAND-URBAN INTERFACE- The term ‘wildland-urban interface’ has the meaning given the term in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).

TITLE I--STEWARDSHIP AND RESTORATION

SEC. 101. DEFINITIONS.

In this title:

(1) ACCESS ROAD- The term ‘access road’ means a road constructed in conjunction with a landscape-scale restoration project that is--

(A) reclaimed, or converted into a recreational trail, as soon as practicable, but not later than 5 years, after the date on which the road is constructed; and

(B) fully recontoured, including the removal of the road prism, landings, and each crossing feature of the road (including any culverts and bridges of the road).

(2) AGGREGATE PARCEL- The term ‘aggregate parcel’ means the cumulative area of land on which a timber harvest activity is conducted.

(3) COOPERATIVE PROJECT- The term ‘cooperative project’ means a project that--

(A) is consistent with section 323 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 1011 note; Public Law 105-277); and

(B) authorizes parties to a watershed restoration or enhancement agreement to spend appropriated funds on projects on private or public land that benefit the resources of National Forest System land.

(4) FUND- The term ‘Fund’ means the Collaborative Forest Landscape Restoration Fund established by section 4003(f) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(f)).

(5) LANDSCAPE-SCALE- The term ‘landscape-scale’ means, with respect to a landscape-scale restoration project carried out in a watershed or subwatershed, of at least 50,000 acres.

(6) LANDSCAPE-SCALE RESTORATION PROJECT-

(A) IN GENERAL- The term ‘landscape-scale restoration project’ means a project that is--

(i) planned and carried out--

(I) on a landscape-scale; and

(II) through the use of--

(aa) a stewardship contract; or

(bb) with respect to the Seeley Lake Ranger District, any other contracting mechanism that the Secretary concerned determines to be most effective in achieving the goals of this Act; and

(ii) carried out in an area comprised primarily of forested National Forest System land (but which may also include land under the jurisdiction of the Bureau of Land Management, land under the jurisdiction of the Bureau of Indian Affairs, or other Federal, State, tribal, or private land)--

(I) through the use of--

(aa) a combination of commercial and noncommercial vegetative management techniques, including--

(AA) prescribed burning;

(BB) tree removal;

(CC) the piling and burning of slash; and

(DD) any other silvicultural techniques that incorporate ecological restoration goals; and

(bb) any other restoration technique (including invasive species mitigation) or tool that the Secretary concerned determines to be appropriate;

(II) to reclaim, or if appropriate convert into recreational trails, roads that are no longer needed or maintained as of the date of enactment of this Act;

(III) to restore fish and wildlife habitat through the use of prescribed burning that is--

(aa) carried out to mimic natural fire appropriate to specific forest types; and

(bb) allowed to burn beyond harvest units located in close proximity to the habitat;

(IV) to replace or resize culverts;

(V) to generate revenue for the investment of funds in fish and wildlife restoration and maintenance initiatives; and

(VI) to maintain the infrastructure of wood products manufacturing facilities that provide economic stability to local communities of the State.

(B) INCLUSION- The term ‘landscape-scale restoration project’ includes any activity carried out in a stewardship area in accordance with this Act.

(7) PERMANENT ROAD-

(A) IN GENERAL- The term ‘permanent road’ means a road in which the road prism of the road remains permanently in place following the construction of the road.

(B) EXCLUSIONS- The term ‘permanent road’ does not include--

(i) an access road; or

(ii) a relocated permanent road.

(8) RELOCATED PERMANENT ROAD- The term ‘relocated permanent road’ means a road that is relocated to address a resource problem if--

(A) the relocated permanent road provides access to each destination, the access of which was provided by the permanent road that the relocated permanent road replaced; and

(B) the replaced road is recontoured, seeded, and abandoned.

(9) RESTORATION ACTIVITY-

(A) IN GENERAL- The term ‘restoration activity’ means a stewardship activity that promotes--

(i) ecological health;

(ii) habitat restoration;

(iii) water quality restoration;

(iv) sediment control or reduction;

(v) forest stand structure;

(vi) endangered species protection; or

(vii) adaptation to climate change.

(B) INCLUSIONS- The term ‘restoration activity’ includes--

(i) road relocation and closures;

(ii) culvert and bridge replacements;

(iii) stream restoration and bank stabilization;

(iv) invasive species management;

(v) trail head and campground improvements;

(vi) understory removal and vegetation treatments;

(vii) tree planting;

(viii) precommercial thinning;

(ix) commercial timber harvesting;

(x) prescribed burning;

(xi) trail reclamation and relocation; and

(xii) other stewardship activities that incorporate ecological restoration strategies determined by the Secretary concerned.

(10) SEELEY LAKE RANGER DISTRICT- The term ‘Seeley Lake Ranger District’ means the Seeley Lake Ranger District in the Lolo National Forest.

(11) STEWARDSHIP AREA- The term ‘stewardship area’ means--

(A) with respect to the Beaverhead-Deerlodge National Forest, a parcel of land that is designated as ‘Suitable for Timber Production and Timber Harvest Is Allowed’ as depicted on the map entitled ‘Beaverhead-Deerlodge National Forest, Revised Forest Plan, Modeled Timber Harvest Classification’ of approximately 1,900,000 acres and dated December 10, 2008;

(B) with respect to the Seeley Lake Ranger District, a parcel of land that is--

(i) selected by the Secretary concerned;

(ii) consistent with the forest plan;

(iii) suitable for timber production; or

(iv) eligible for timber harvest activities; and

(C) with respect to the Three Rivers Ranger District, a parcel of land that is--

(i) selected by the Secretary concerned;

(ii) consistent with the forest plan;

(iii) suitable for timber production; or

(iv) eligible for timber harvest activities.

(12) STEWARDSHIP CONTRACT- The term ‘stewardship contract’ means a contract that--

(A) is authorized under section 332 of the Department of the Interior and Related Agencies Appropriations Act, 2002 (16 U.S.C. 2104 note; Public Law 107-63); and

(B) is entered into by 2 or more parties--

(i) to carry out vegetation treatment, including mechanical treatment using commercial timber harvest of vegetation--

(I) to reduce fire and insect risks;

(II) to restore impaired watersheds;

(III) to enhance fish and wildlife habitats; or

(IV) to reduce road densities; and

(ii) under which a party shall--

(I) offset the value of goods (including timber for services);

(II) retain and reinvest receipts resulting from the landscape-scale restoration project that is the subject of the contract in the same or a different landscape-scale restoration project that is located in a stewardship area;

(III) designate timber for cutting by description or prescription; and

(IV) enter into a multiyear contract, the period of which shall not exceed 10 years.

(13) THREE RIVERS RANGER DISTRICT- The term ‘Three Rivers Ranger District’ means the Three Rivers Ranger District in the Kootenai National Forest.

(14) VEGETATIVE MANAGEMENT- The term ‘vegetative management’ means any restoration activity involving vegetation.

SEC. 102. STEWARDSHIP AND RESTORATION PROJECTS.