Badger-Two Medicine Protection Act

II 116TH CONGRESS 2D SESSION S. 4288 To establish the Badger-Two Medicine Cultural Heritage Area in the State of Montana, and for other purposes. IN THE SENATE OF THE UNITED STATES JULY 22, 2020 Mr. TESTER introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish the Badger-Two Medicine Cultural Heritage Area in the State of Montana, and for other purposes. 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. 3 This Act may be cited as the ‘‘Badger-Two Medicine 4 Protection Act’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) CULTURAL HERITAGE AREA.—The term 8 ‘‘Cultural Heritage Area’’ means the Badger-Two 9 VerDate Sep 11 2014 22:43 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4288.IS S4288 kjohnson on DSK79L0C42PROD with BILLS 2 •S 4288 IS Medicine Cultural Heritage Area established by sec- 1 tion 5(a). 2 (2) EXISTING USE.—The term ‘‘existing use’’ 3 means a use that is occurring within the Cultural 4 Heritage Area as of the date of enactment of this 5 Act. 6 (3) MANAGEMENT PLAN.—The term ‘‘manage- 7 ment plan’’ means the management plan for the 8 Cultural Heritage Area required by section 5(d)(1). 9 (4) MAP.—The term ‘‘map’’ means the map en- 10 titled ‘‘Badger-Two Medicine Cultural Heritage Area 11 Map’’ and dated July 21, 2020. 12 (5) NATIVE KNOWLEDGE.—The term ‘‘Native 13 knowledge’’ has the meaning given the term in sec- 14 tion 219.19 of title 36, Code of Federal Regulations 15 (as in effect on the date of enactment of this Act). 16 (6) NEW USE.— 17 (A) IN GENERAL.—The term ‘‘new use’’ 18 means— 19 (i) a use that— 20 (I) involves a surface disturb- 21 ance; and 22 (II) is not occurring within the 23 Cultural Heritage Area as of the date 24 of enactment of this Act; or 25 VerDate Sep 11 2014 22:43 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4288.IS S4288 kjohnson on DSK79L0C42PROD with BILLS 3 •S 4288 IS (ii) an existing use that is being modi- 1 fied— 2 (I) to create a surface disturb- 3 ance; or 4 (II) to significantly expand or 5 alter impacts on the land, water, air, 6 fish, wildlife, or cultural resources of 7 the Cultural Heritage Area. 8 (B) EXCLUSION.—The term ‘‘new use’’ 9 does not include a use that is— 10 (i) determined by the Secretary not 11 to, individually or cumulatively, have a sig- 12 nificant effect on the human environment; 13 (ii) necessary to maintain a road, 14 trail, structure, or facility within the Cul- 15 tural Heritage Area in existence as of the 16 date of enactment of this Act; or 17 (iii) carried out to comply with the 18 Endangered Species Act of 1973 (16 19 U.S.C. 1531 et seq.). 20 (7) SECRETARY.—The term ‘‘Secretary’’ means 21 the Secretary of Agriculture. 22 (8) STATE.—The term ‘‘State’’ means the State 23 of Montana. 24 VerDate Sep 11 2014 22:43 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4288.IS S4288 kjohnson on DSK79L0C42PROD with BILLS 4 •S 4288 IS (9) TRIBAL BUSINESS COUNCIL.—The term 1 ‘‘Tribal Business Council’’ means the Blackfeet 2 Tribal Business Council. 3 (10) TRIBE.—The term ‘‘Tribe’’ means the 4 Blackfeet Nation. 5 SEC. 3. FINDINGS. 6 Congress finds that— 7 (1) the Badger-Two Medicine is sacred land, a 8 living cultural landscape, a hunting ground, a ref- 9 uge, a wildlife sanctuary, a place of refuge for wild 10 nature, and an important part of both Tribal and 11 non-Tribal community values; 12 (2) the Badger-Two Medicine is a stronghold 13 for wild nature, isolated from and unmarred by de- 14 velopment, where natural processes continue to func- 15 tion and relatively uncommon plant and animal com- 16 munities continue to exist; 17 (3) the people of the Tribe have been present 18 in the Badger-Two Medicine area for time immemo- 19 rial, using the plant, mineral, and animal resources 20 and landforms of that area for sustenance and cul- 21 tural, medicinal, and ceremonial activities, purposes 22 for which the people of the Tribe continue to use 23 that area today; 24 VerDate Sep 11 2014 22:43 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4288.IS S4288 kjohnson on DSK79L0C42PROD with BILLS 5 •S 4288 IS (4) a community of Tribal and non-Tribal peo- 1 ple have used the Badger-Two Medicine for multiple 2 generations for hunting, fishing, camping, horse- 3 packing, and wilderness solitude, purposes for which 4 the community continues to use the area today; 5 (5) the Badger-Two Medicine contains— 6 (A) several important headwater streams 7 of the Missouri River basin, which provide crit- 8 ical clean water for ecological, agricultural, and 9 domestic purposes; and 10 (B) abundant fish and wildlife, spectacular 11 natural scenery, and outstanding recreational 12 opportunities; 13 (6) the Badger-Two Medicine provides impor- 14 tant ecological connectivity to Glacier National Park, 15 the Bob Marshall Wilderness Complex, the Blackfeet 16 Indian Reservation, and other public lands; 17 (7) through treaties and agreements with the 18 Federal Government, the Tribe retains rights to con- 19 duct various activities within the Badger-Two Medi- 20 cine region; and 21 (8) the establishment of the Badger-Two Medi- 22 cine Cultural Heritage Area is vital to the continu- 23 ation and revitalization of the Blackfeet culture, 24 while continuing to serve the heritage of the broader 25 VerDate Sep 11 2014 22:43 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4288.IS S4288 kjohnson on DSK79L0C42PROD with BILLS 6 •S 4288 IS public as a place of recreation, traditional use, and 1 sanctuary. 2 SEC. 4. PURPOSES. 3 The purposes of this Act are— 4 (1) to protect the cultural, ecological, scenic, 5 and recreational resources of the Badger-Two Medi- 6 cine area for the benefit, use, and enjoyment of 7 present and future generations; 8 (2) to permanently protect the cultural values, 9 attributes, and integrity of the Badger-Two Medicine 10 Traditional Cultural District; 11 (3) to protect the ability of the Tribe— 12 (A) to exercise their treaty rights; and 13 (B) to enhance the opportunity for the 14 Blackfeet people to continue to use the Badger- 15 Two Medicine area, as they have since time im- 16 memorial; 17 (4) to protect the ability of Tribal and non- 18 Tribal people to use the Badger-Two Medicine area 19 for traditional activities, including hunting, fishing, 20 hiking, horsepacking, and camping, as they have for 21 generations; 22 (5)(A) to protect and enhance the ecological in- 23 tegrity of the Badger-Two Medicine, including fish 24 and wildlife habitat; and 25 VerDate Sep 11 2014 22:43 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4288.IS S4288 kjohnson on DSK79L0C42PROD with BILLS 7 •S 4288 IS (B) to ensure that the Badger-Two Medicine 1 area continues to serve as an ecological corridor con- 2 necting adjacent lands; 3 (6) to maintain the water quality and free-flow- 4 ing character of the rivers and streams within the 5 Badger-Two Medicine area; and 6 (7) to establish a management framework for 7 the Badger-Two Medicine area that recognizes— 8 (A) the treaty rights of the Tribe; and 9 (B) the historical and contemporary con- 10 nection of the Tribe with the natural and cul- 11 tural world of the area. 12 SEC. 5. BADGER-TWO MEDICINE CULTURAL HERITAGE 13 AREA. 14 (a) ESTABLISHMENT.—Subject to valid existing 15 rights, there is established the Badger-Two Medicine Cul- 16 tural Heritage Area in the State. 17 (b) AREA INCLUDED.—The Cultural Heritage Area 18 shall consist of 127,447 acres of Federal land managed 19 by the Forest Service, as generally depicted on the map. 20 (c) PURPOSES.—The purposes of the Cultural Herit- 21 age Area are— 22 (1) to preserve for the benefit and enjoyment of 23 present and future generations the cultural, ecologi- 24 VerDate Sep 11 2014 22:43 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4288.IS S4288 kjohnson on DSK79L0C42PROD with BILLS 8 •S 4288 IS cal, scenic, and recreational values of the Cultural 1 Heritage Area; and 2 (2) to enable the people of the Tribe to continue 3 to carry out traditional cultural practices in the Cul- 4 tural Heritage Area. 5 (d) MANAGEMENT PLAN.— 6 (1) IN GENERAL.—Not later than 3 years after 7 the date of enactment of this Act and in accordance 8 with paragraph (2), the Secretary shall develop, as 9 an amendment to the land and resource manage- 10 ment plan for the Helena-Lewis and Clark National 11 Forest, a comprehensive plan for the long-term pro- 12 tection and management of the Cultural Heritage 13 Area. 14 (2) REQUIREMENTS.—In developing the man- 15 agement plan, the Secretary shall— 16 (A) consult with— 17 (i) appropriate State, Tribal, and local 18 governmental entities; 19 (ii) the Tribe; 20 (iii) the Badger-Two Medicine Advi- 21 sory Council established by section 7(a); 22 and 23 (iv) members of the public; 24 VerDate Sep 11 2014 22:43 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4288.IS S4288 kjohnson on DSK79L0C42PROD with BILLS 9 •S 4288 IS (B) at the request of the Tribe, include the 1 Tribe as a cooperating agency in the develop- 2 ment of the management plan; 3 (C) incorporate Native knowledge into the 4 management plan to the maximum extent prac- 5 ticable; 6 (D) include public education and interpre- 7 tation regarding— 8 (i) the cultural significance of the 9 Badger-Two Medicine region to the Tribe; 10 and 11 (ii) traditional uses and place names 12 within the region; and 13 (E) provide for recreational opportunities 14 to occur within the Cultural Heritage Area, in- 15 cluding hiking, fishing, hunting, horseback 16 riding, and camping. 17 (3) INCORPORATION OF EXISTING PLAN.—In 18 developing the management plan, to the extent con- 19 sistent with this section, the Secretary may incor- 20 porate any provision of the land and resource man- 21 agement plan for the Helena-Lewis and Clark Na- 22 tional Forest. 23 (e) MANAGEMENT.— 24 VerDate Sep 11 2014 22:43 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4288.IS S4288 kjohnson on DSK79L0C42PROD with BILLS 10 •S 4288 IS (1) IN GENERAL.—The Secretary shall manage 1 the Cultural Heritage Area— 2 (A) in a manner that conserves, protects, 3 and enhances the resources of the Cultural Her- 4 itage Area; and 5 (B) in accordance with— 6 (i) the laws (including regulations) 7 and rules applicable to the National Forest 8 System; 9 (ii) this Act; and 10 (iii) any other applicable laws (includ- 11 ing regulations). 12 (2) USES.—The Secretary shall only allow such 13 uses of the Cultural Heritage Area that the Sec- 14 retary determines, in consultation with the Tribe, 15 would further the purposes described in subsection 16 (c). 17 (f) PROHIBITIONS.—Subject to valid existing rights, 18 the following activities shall be prohibited on National 19 Forest System land within the Cultural Heritage Area: 20 (1) Construction of new or temporary roads, ex- 21 cept temporary roads necessary to protect public 22 health and safety. 23 (2) The use of motorized or mechanized vehi- 24 cles, except— 25 VerDate Sep 11 2014 22:43 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4288.IS S4288 kjohnson on DSK79L0C42PROD with BILLS 11 •S 4288 IS (A) for administrative purposes authorized 1 in relation to an existing permit, agreement, or 2 lease; or 3 (B) to respond to an emergency. 4 (3) Commercial timber harvest. 5 (4) Construction of permanent structures, ex- 6 cept as necessary to meet minimum requirements for 7 the administration of the Cultural Heritage Area 8 (including pursuant to special use permits and 9 leases). 10 (g) VEGETATION MANAGEMENT.—Nothing in this 11 section prevents the Secretary from conducting non- 12 commercial vegetation management projects within the 13 Cultural Heritage Area— 14 (1) subject to— 15 (A) such reasonable regulations, policies, 16 and practices as the Secretary determines to be 17 appropriate; and 18 (B) all applicable laws (including regula- 19 tions); and 20 (2) in a manner consistent with the purposes 21 described in subsection (c). 22 (h) GRAZING.—The Secretary shall permit grazing 23 within the Cultural Heritage Area, if established on the 24 date of enactment of this Act— 25 VerDate Sep 11 2014 22:43 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4288.IS S4288 kjohnson on DSK79L0C42PROD with BILLS 12 •S 4288 IS (1) subject to— 1 (A) such reasonable regulations, policies, 2 and practices as the Secretary determines ap- 3 propriate; and 4 (B) all applicable laws; and 5 (2) in a manner consistent with the purposes 6 described in subsection (c). 7 (i) WILDFIRE.—Wildfire suppression within the Cul- 8 tural Heritage Area shall be conducted— 9 (1) in a manner consistent with the purposes 10 described in subsection (c); and 11 (2) using such means as the Secretary deter- 12 mines to be appropriate. 13 (j) NATIVE AMERICAN CULTURAL AND RELIGIOUS 14 USES.— 15 (1) IN GENERAL.—Nothing in this section di- 16 minishes any rights of the Tribe regarding access to 17 the Cultural Heritage Area for Tribal activities, in- 18 cluding spiritual, cultural, and traditional food-gath- 19 ering activities. 20 (2) NATIVE AMERICAN USES AND INTERESTS.— 21 (A) ACCESS AND USE.—In accordance with 22 applicable law, the Secretary shall ensure access 23 to the Cultural Heritage Area by members of 24 the Tribe for traditional cultural purposes. 25 VerDate Sep 11 2014 22:43 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S4288.IS S4288 kjohnson on DSK79L0C42PROD with BILLS 13 •S 4288 IS (B) TEMPORARY CLOSURE.— 1 (i) IN GENERAL.—In carrying out 2 subparagraph (A), the Secretary, on re- 3 quest of the Tribe, may temporarily close 4 to the general public use of one or more 5 specific portions of the Cultural Heritage 6 Area for the purpose of protecting the pri- 7 vacy of traditional cultural activities in the 8 Cultural Heritage Area by members of the 9 Tribe. 10 (ii) LIMITED EFFECT.—A closure 11 under clause (i) shall be made— 12 (I) to affect the smallest prac- 13 ticable area; and 14 (II) for the minimum period of 15 time necessary for the purpose de- 16 scribed in that clause. 17 (C) PURPOSE OF ACCESS.—Access de- 18 scribed in subparagraph (A) shall be consistent 19 with the purpose and intent of Public Law 95– 20 341 (42 U.S.C. 1996) (commonly known as the 21 ‘‘American Indian Religious Freedom Act’’) and 22 other applicable laws. 23 (k) ADJACENT MANAGEMENT.— 24 VerDate Sep 11 2014 22:43 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 S [Text truncated for display. 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