Northern Rockies Ecosystem Protection Act

I 117TH CONGRESS 1ST SESSION H. R. 1755 To designate certain National Forest System lands and certain public lands under the jurisdiction of the Secretary of the Interior in the States of Idaho, Montana, Oregon, Washington, and Wyoming as wilderness, wild and scenic rivers, wildland recovery areas, and biological connecting corridors, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 10, 2021 Mrs. CAROLYN B. MALONEY of New York (for herself, Mr. BLUMENAUER, Ms. DEGETTE, Mr. RASKIN, Mr. WELCH, Ms. SCHAKOWSKY, Mr. CARBAJAL, Ms. NORTON, Mr. ESPAILLAT, Ms. JACKSON LEE, Mrs. NAPOLITANO, Mr. CLEAVER, Ms. MOORE of Wisconsin, Mr. SAN NICOLAS, Mr. SIRES, Mr. HASTINGS, Ms. BLUNT ROCHESTER, Mr. CASE, Ms. CASTOR of Flor- ida, Mr. CICILLINE, Ms. CLARKE of New York, Mr. COHEN, Ms. DELAURO, Mr. DEUTCH, Mrs. DINGELL, Ms. ESHOO, Mr. GALLEGO, Mr. GRIJALVA, Ms. JOHNSON of Texas, Mr. KIND, Ms. LOFGREN, Ms. MAT- SUI, Mr. MCNERNEY, Ms. OCASIO-CORTEZ, Mr. PANETTA, Mr. PETERS, Mr. RYAN, Mr. SHERMAN, Mr. THOMPSON of California, Ms. VELA´ZQUEZ, and Mr. YARMUTH) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To designate certain National Forest System lands and cer- tain public lands under the jurisdiction of the Secretary of the Interior in the States of Idaho, Montana, Oregon, Washington, and Wyoming as wilderness, wild and scenic rivers, wildland recovery areas, and biological connecting corridors, and for other purposes. VerDate Sep 11 2014 16:55 May 11, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H1755.IH H1755 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 1755 IH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Northern Rockies Ecosystem Protection Act’’. 5 (b) TABLE OF CONTENTS.—The table of contents of 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Purposes. Sec. 4. Definitions. TITLE I—DESIGNATION OF WILDERNESS Sec. 101. Designation of certain National Forest System lands, National Park System lands, and Bureau of Land Management lands as wil- derness. 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. Greater Hells Canyon ecosystem. Sec. 107. Islands in the Sky Wilderness. Sec. 108. Wilderness in biological connecting corridors. Sec. 109. Administration. Sec. 110. Water. Sec. 111. Donation of grazing permits and leases. TITLE II—BIOLOGICAL CONNECTING CORRIDORS Sec. 201. Findings. 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—WILD AND SCENIC RIVERS DESIGNATIONS Sec. 301. Designation of wild and scenic rivers in Idaho, Montana, and Wyo- ming. TITLE IV—WILDLAND RESTORATION AND RECOVERY Sec. 401. Definitions. Sec. 402. Restoration and recovery. Sec. 403. Management. TITLE V—IMPLEMENTATION AND MONITORING VerDate Sep 11 2014 16:55 May 11, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H1755.IH H1755 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 1755 IH Sec. 501. Implementation report. Sec. 502. Interagency team. Sec. 503. Roadless lands evaluation. TITLE VI—ADDITIONAL PROVISIONS REGARDING INDIAN TRIBES Sec. 601. Indian tribes. Sec. 602. Federal trust responsibility. Sec. 603. Exemption from Freedom of Information Act. Sec. 604. Application of Indian Self-Determination and Education Assistance Act. Sec. 605. Native American uses. TITLE VII—RULES OF CONSTRUCTION Sec. 701. Water rights. SEC. 2. FINDINGS. 1 The Congress makes the following findings: 2 (1) Many areas of undeveloped National Forest 3 System lands, National Park System lands, and 4 public lands administered by the Bureau of Land 5 Management in the States of Idaho, Montana, Or- 6 egon, Washington, and Wyoming possess out- 7 standing natural characteristics which give them 8 high values as wilderness, parks, and wild and scenic 9 rivers and will, if properly preserved, be an enduring 10 resource of wilderness, wild land areas, and biodiver- 11 sity for the benefit of the American people. 12 (2) The Northern Rockies Bioregion contains 13 the most diverse array of wild lands remaining south 14 of Canada, providing sanctuary for a host of species 15 listed as threatened or endangered under section 16 4(c) of the Endangered Species Act of 1973 (16 17 U.S.C. 1533(c)). These national interest public lands 18 VerDate Sep 11 2014 16:55 May 11, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1755.IH H1755 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 1755 IH are among the most popular wild lands in the 1 United States, embracing greater ecosystems and 2 national treasures such as the Greater Yellowstone, 3 Greater Glacier/Northern Continental Divide, Great- 4 er Hells Canyon/Wallowa, Greater Salmon/Selway, 5 and Greater Cabinet/Yaak/Selkirk ecosystems. 6 (3) The natural ecosystems in the Northern 7 Rockies Bioregion are largely dependent on National 8 Forest System lands, National Park System lands, 9 and public lands administered by the Bureau of 10 Land Management, and the ecological productivity 11 and diversity of resources these Federal public lands 12 provide. Conservation of roadless areas on these 13 public lands, which produces clean water, protects 14 native fisheries and native flora and fauna, and pro- 15 vides scenic and recreational qualities, also preserves 16 options for sustainable economics through activities 17 such as hunting, fishing, and wilderness-based recre- 18 ation. 19 (4) The headwaters of several major river sys- 20 tems, including the Columbia, Snake, Green, Mis- 21 souri and Saskatchewan Rivers, originate in the 22 Northern Rockies Bioregion, and these rivers send 23 their waters to three different oceans. These waters 24 are of tremendous economic importance to farming 25 VerDate Sep 11 2014 16:55 May 11, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1755.IH H1755 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 1755 IH and ranching operations, municipal water supplies, 1 and water-based recreation, including fishing and 2 boating. Protection of this world class water re- 3 source will enhance these uses, reduce costs for 4 water treatment and irrigation, and increase native 5 fish populations. 6 (5) The wildlife treasures of the Northern 7 Rockies are of international significance and contain 8 remarkably intact large mammalian fauna and rare 9 and unique plant life. Wildlife habitat fragmentation 10 due to roadbuilding, timber harvest, mining, oil and 11 gas exploration, lack of interagency cooperation, and 12 other activities has severe effects on the wildlife pop- 13 ulations (including those listed as threatened or en- 14 dangered under section 4(c) of the Endangered Spe- 15 cies Act of 1973 (16 U.S.C. 1533(c))) and their 16 habitat, the water quality, the ancient forests, and 17 the greater ecosystems of the Northern Rockies Bio- 18 region. The overemphasis on resource extraction 19 from National Forest System lands and public lands 20 administered by the Bureau of Land Management 21 has compromised ecosystem integrity and detracted 22 from economic diversification opportunities. Eco- 23 nomic instability and high unemployment in rural, 24 VerDate Sep 11 2014 16:55 May 11, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1755.IH H1755 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 1755 IH resource-dependent communities is a common result 1 of overexploitation of these lands. 2 (6) Continued fragmentation and development 3 of the remaining roadless and essentially roadless 4 ecosystems and biological connectors of the Northern 5 Rockies would cause a loss to the Nation of an en- 6 tire wild land region and of the only remaining areas 7 south of Canada still pristine enough to support 8 populations of caribou, gray wolves, grizzly bears, 9 anadromous fish, and numerous other rare and en- 10 dangered plant and animal life all in one intact bio- 11 region. 12 (7) Since the 1936 roadless area inventory com- 13 pleted by Bob Marshall, millions of acres of roadless 14 wild lands have been developed in the Northern 15 Rockies. Extensive fragmentation of wild lands and 16 wildlife habitat has resulted in the listing of several 17 species as threatened or endangered and reduced the 18 numbers and range of many others, including anad- 19 romous fish. 20 (8) The natural ecosystems of the Northern 21 Rockies Bioregion also serve as educational and re- 22 search centers for on-site studies in biology, geology, 23 astronomy and other sciences. The pristine nature of 24 the National Forest System lands, National Park 25 VerDate Sep 11 2014 16:55 May 11, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1755.IH H1755 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 1755 IH System lands, and public lands administered by the 1 Bureau of Land Management in the Northern Rock- 2 ies Bioregion helps local communities attract new 3 residents and businesses based on local quality of 4 life. 5 (9) A review of the current situation in the 6 Northern Rockies has revealed the urgent need for 7 an ecological reserve system for the Northern Rock- 8 ies Bioregion, which includes core ecosystem reserve 9 areas and biological connecting corridors necessary 10 to ensure wildlife movements and genetic inter- 11 change between the core reserve areas. Wildlife free- 12 dom of movement has always been essential to the 13 survival of wildlife species, and an increasing num- 14 ber of scientific studies have identified movement 15 corridors as a necessity for wildlife conservation in 16 a changing climate. Several foreign governments, in- 17 cluding the governments of Australia and Scotland, 18 have announced plans for corridors that would make 19 wildlife movement possible as climate pressures in- 20 crease. The concept of connective corridors for wild- 21 life movement has been endorsed by governors of 22 States in the western United States, and is now 23 widely recognized by conservation and scientific or- 24 ganizations. For example, freedom of movement for 25 VerDate Sep 11 2014 16:55 May 11, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1755.IH H1755 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 1755 IH wildlife is basic to the emerging new science of 1 ‘‘Movement Ecology’’ described in a December 2008 2 Proceedings of the National Academy of Sciences. 3 This freedom of wildlife movement was a funda- 4 mental reason for the Act’s development and intro- 5 duction, and has become an increasingly high profile 6 issue in the climate and biological sciences. 7 (10) The economic value to the Nation of most 8 of these undeveloped areas, left in their natural 9 state, greatly exceeds any potential return to the 10 Treasury of the United States from timber harvest 11 and development. If current Federal land manage- 12 ment in the Northern Rockies continues to result in 13 the development of roadless areas, the American 14 public will be using its tax dollars to fund perma- 15 nent reductions in wilderness, water quality, fish and 16 wildlife habitat, and species and biological diversity. 17 (11) Instead, this Act provides opportunities for 18 employment in outdoor trades by establishing reha- 19 bilitation zones on specific tracts of damaged Fed- 20 eral land where active restoration work will occur. 21 This Act will provide contracts for local businesses 22 and renew the intrinsic economic, social and cultural 23 benefits that result from productive land. Federal 24 land rehabilitation projects represent a direct benefit 25 VerDate Sep 11 2014 16:55 May 11, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1755.IH H1755 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 1755 IH to the local economy and reduce the loss to Amer- 1 ican taxpayers caused by below-cost timber sales and 2 other subsidized resource extraction. 3 (12) The congressional review of roadless areas 4 within the National Forest System, National Park 5 System, and public lands administered by the Bu- 6 reau of Land Management in the States of Idaho, 7 Montana, Oregon, Washington, and Wyoming has 8 identified areas which, on the basis of their land 9 form, ecosystem, associated fish and wildlife, eco- 10 nomic value, and location will help to fulfill the role 11 of the United States Forest Service, National Park 12 Service, and Bureau of Land Management to ensure 13 a quality National Wilderness Preservation System. 14 The review has identified other areas which may 15 have outstanding values as wild and scenic rivers. 16 The review has also identified areas which may not 17 possess outstanding wilderness attributes and should 18 not now be designated as components of the Na- 19 tional Wilderness Preservation System, but which 20 should be studied to determine their role in main- 21 taining biological diversity in the Northern Rockies. 22 (13) Many areas of National Forest System 23 lands and public lands administered by the Bureau 24 of Land Management have been damaged and their 25 VerDate Sep 11 2014 16:55 May 11, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1755.IH H1755 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 1755 IH productivity reduced by unwise development prac- 1 tices, which have also impaired ecosystem function 2 and biological diversity. The Island Park area adja- 3 cent to Yellowstone National Park contains large 4 clear-cut areas right up to the park boundary. Ef- 5 forts should be made to return these areas to their 6 former ecological health and native diversity. These 7 efforts should seek to ensure that vital ecosystem 8 components are restored, especially in areas where 9 wildlife travel corridors and native fish and wildlife 10 populations have been damaged or eliminated. Res- 11 toration efforts should seek to ensure and maintain 12 genetic interchange, biological diversity, and restora- 13 tion of native species diversity throughout the 14 Northern Rockies Bioregion. 15 (14) Backcountry areas of the National Park 16 System have been damaged by inappropriate man- 17 agement, despite policies that require that rec- 18 ommended wilderness be administered as wilderness. 19 An emphasis on structures and motorized equip- 20 ment, and in some instances developed 21 ‘‘backcountry’’ campsites, have all de [Text truncated for display. Full text available on Congress.gov.]