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S. 96 (98th): Lee Metcalf Wilderness and Management Act of 1983


The text of the bill below is as of Oct 31, 1983 (Passed Congress).


PUBLIC LAW 98-140—OCT. 31, 1983                                 97 STAT. 901

Public Law 98- 140
98th Congress
                               An Act
To establish the Lee Metcalf Wilderness and Management Area in the State of     Oct. 31, 1983
                       Montana, and for other purposes.                            [S. 96]
  Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may Lee Metcalf
be cited as the "Lee Metcalf Wilderness and Management Act of Wilderness
                                                                  Management
                                                                               and
1983".                                                            Act of 1983.

 DESIGNATION AND MANAGEMENT OF LEE METCALF WILDERNESS AND
                    MANAGEMENT AREA

  SEC. 2. (a) In furtherance of the purposes of the Wilderness Act (78         16 u s e 1132
Stat. 890; 16 U.S.C. 1131), certain lands within the Beaverhead and            note.
Gallatin National Forests and certain lands in the Dillon Resource             16 u s e 1131
Area, Montana, administered by the Bureau of Land Management                   note.
which comprise approximately two hundred and fifty-nine thousand
acres as generally depicted as the "Lee Metcalf Wilderness" on a
map entitled "Lee Metcalf Wilderness—Proposed", and dated Octo-
ber 1983 are hereby designated as wilderness and shall be known as
the Lee Metcalf Wilderness.
  (b) Subject to valid existing rights, the Lee Metcalf Wilderness as          Administration
designated by this Act shall be administered by the Secretary of               of lands.
Agriculture, hereafter referred to as "the Secretary", in accordance
with the Wilderness Act governing areas designated by that Act as              16 u s e 1131
wilderness: Provided, That any reference in such provisions to the             note.
effective date of the Wilderness Act shall be deemed to be a refer-
ence to the effective date of this Act: Provided further. That the
Bear Trap Canyon portion of the Lee Metcalf Wilderness shall be
administered by the Secretary of the Interior.
   (c) The Congress finds that certain lands within the Gallatin
National Forest near Monument Mountain have important recre-
ational and wildlife values, including critical grizzly bear and elk
habitat. In order to conserve and protect these values, the area lying
adjacent to the Monument Mountain and Taylor-Hilgard units of
the Lee Metcalf Wilderness as designated by this Act and compris-
ing approximately thirty-eight thousand acres, as generally depicted
on the map entitled Lee Metcalf Wilderness—Proposed", dated
October 1983, shall be managed to protect the wildlife and recre-
ational values of these lands and shall be hereby withdrawn from all
forms of appropriation under the mining laws and from disposition
under all laws pertaining to mineral leasing and geothermal leas-
ing, and all amendments thereto. The area shall further be adminis-
tered by the Secretary of Agriculture to maintain presently existing
wilderness character, with no commercial timber harvest nor addi-
tional road construction permitted. The Secretary shall permit con-            Motorized
tinued use of the area by motorized equipment only for activities              equipment
                                                                               activities.
associated with existing levels of livestock grazing, administrative
purposes (including snowmobile trail maintenance) and for snow-
mobiling during periods of adequate snow cover but only where such

97 STAT. 902 PUBLIC LAW 98-140—OCT. 31, 1983 uses are compatible with the protection and propagation of wildlife within the area: Provided, That the Secretary may, in his discretion, also permit limited motor vehicle access by individuals and others within the area where such access is compatible with the protection and propagation of wildlife and where such access was established Forest plan. prior to the date of enactment of this Act. Management direction for the area that recognizes these values shall be included in the forest plan developed for the Gallatin National Forest in accordance with section 6 of the Forest and Rangeland Renewable Resources Plan- 16 u s e 1604. ning Act of 1974 as amended by the National Forest Management 16 u s e 1600 Act of 1976. note. DESIGNATION AND MANAGEMENT OF CERTAIN NATIONAL FOREST LANDS IN THE STATE OF MONTANA Studies and SEC. 3. (a) The Congress hereby determines and directs that— initial plans. (1) the areas listed in subsection (b) of this section have been adequately studied for wilderness pursuant to Public Law 95- 91 Stat. 1243. 150 or in the RARE II Final Environmental Statement (dated January 1979); (2) such studies shall constitute an adequate consideration of the suitability of such lands for inclusion in the National Wil- derness Preservation System and the Department of Agricul- ture shall not be required to review the wilderness option for such areas prior to revision of the initial plans required for such lands by the Forest and Rangeland Renewable Resources Plan- 16 u s e 1600 ning Act of 1974 as amended by the National Forest Manage- note. ment Act of 1976 (Public Law 94-588) and in no case prior to the date established by law for completion of the initial planning cycle; (3) such areas need not be managed, unless otherwise speci- fied in this Act, for the purposes of protecting their suitability for wilderness designation pending revision of the initial plans. Wilderness (b) The areas covered by subsection (a) of this section are as study areas. follows: (1) the Mount Henry Wilderness Study Area as designated by 91 Stat. 1243. Public Law 95-150; (2) those portions of the Taylor-Hilgard Wilderness Study Area as designated by Public Law 95-150 but not designated as wilderness by this Act; (3) certain lands on the Gallatin National Forest and Beaver- head National Forest identified as area 1549 in the Forest Service Roadless Area Review and Evaluation (II) Final Envi- ronmental Statement, Executive Communication Numbered 1504, May 3, 1979, not designated as wilderness by this Act; (4) certain lands on the Custer National Forest known as the proposed Tongue River Breaks Wilderness, which comprise ap- proximately sixteen thousand five hundred acres, as identified in Executive Communication Numbered 1504, Ninety-sixth Con- gress (House Document Numbered 96-119). (c)(1) The lands described in subsection (c)(2) of this section have been adequately studied for wilderness pursuant to section 603 of the Federal Land Policy and Management Act (Public Law 94-579) and are no longer subject to the requirement of section 603(c) of the 43 u s e 1782. Federal Land Policy and Management Act pertaining to manage- ment in a manner that does not impair suitability for preservation as wilderness.
PUBLIC LAW 98-140—OCT. 31, 1983 97 STAT. 903 (2) The lands covered by subsection (c)(1) of this section are as Wilderness follows: study areas. (A) certain lands administered by the Bureau of Land Man- agement in the Powder River Resource Area, Montana, identi- fied as area numbered 736, Tongue River Breaks Contiguity, comprising approximately two thousand acres as described in the "Final Decision Montana Wilderness Inventory" published November 1980 by the Bureau of Land Management; (B) certain lands administered by the Bureau of Land Man- agement in the Dillon Resource Area, Montana, identified as area numbered MT-076-079 "Madison Tack-Ons" comprising approximately one thousand five hundred acres, as described in the "Final Decision Montana Overthrust Belt Wilderness Inven- tory" published by the Bureau of Land Management, not other- wise designated as wilderness by this Act; and (C) certain lands administered by the Bureau of Land Man- agement known as "Bear Trap Canyon Study Area", Madison County, Montana, as described in "Draft Suitability and Envi- ronmental Impact Statement for Wilderness Designation of Bear Trap Canyon Instant Study Area" published April 1980 by the Bureau of Land Management, not otherwise designated as wilderness by this Act. (d) The boundary of the Absaroka-Beartooth Wilderness, Mon- tana, as designated by Public Law 95-249, is hereby modified to 16 u s e 1132 exclude from the wilderness approximately forty acres in the West note. Fork of Mill Creek and approximately twenty-seven acres in the Passage Creek drainage as depicted on a map entitled "Absaroka- Beartooth Wilderness-West Fork Mill Creek and Passage Creek Deletions", dated August 1983. (e) The boundary of the UL Bend Wilderness, Montana, as desig- nated by Public Law 94-557 is hereby modified to exclude from the 16 u s e 1132 wilderness approximately twenty-eight acres as depicted on a map note. entitled "UL Bend Wilderness Deletion", dated July 1983. (f) To provide for more efficient administration of lands designated Administration by this Act as wilderness: of designated lands. (1) the exterior boundaries of the Beaverhead and Gallatin National Forests in the State of Montana are hereby modified to exclude all lands within the Bear Trap Canyon portion of the Lee Metcalf Wilderness and the said national forest boundaries shall hereafter be the same as the wilderness boundaries depicted on the maps referred to in section 2(a) of this Act. All national forest lands within the Bear Trap Canyon portion of the Lee Metcalf Wilderness are transferred to the administra- tion of the Secretary of the Interior to be managed as public lands in accordance with this Act, the Wilderness Act and the 16 u s e 1131 Federal Land Policy and Management Act of 1976, as amended note. (90 Stat. 2743); 43 u s e 1701 note. (2) the public lands in section 12, township 10 south, range 1 east, Montana principal meridian, administered by the Secre- tary of the Interior are hereby transferred to the Secretary of Agriculture to be hereafter administered in accordance with this Act the laws, rules, and regulations applicable to the national forest system; (3) for purposes of section 7 of the Land and Water Conserva- tion Fund Act of 1965 (78 Stat. 903, as amended), the boundaries 16 use 460Z-9. of the Beaverhead and Gallatin National Forests, as modified by
97 STAT. 904 PUBLIC LAW 98-140—OCT. 31, 1983 this subsection, shall be treated as if they were the boundaries of those forests on January 1,1965; Land use (4) nothing in this Act shall affect valid existing rights or authorizations. interests in existing land use authorizations, except that any such right or authorization shall hereafter be administered by the agency having jurisdiction of the land after the enactment of this Act, in accordance with this Act and applicable law. Reissuance of any such authorization shall be in accordance with applicable law and the regulations of the agency having jurisdiction. LAND ACQUISITION AND EXCHANGE SEC. 4. (a) The Congress finds that the wilderness area within the Gallatin and Beaverhead National Forests in Montana established by this Act contains significant amounts of intermingled lands owned by Burlington Northern Railroad Company and that in order to manage the wilderness in an efficient and effective manner these lands should be owned by the Federal Government. Notwithstand- ing any other provision of law, this section hereby authorizes and directs the exchange of lands and interests in lands between Bur- lington Northern Railroad Company and the United States through the Secretary and the revocation of existing withdrawals on the Federal lands. Accordingly, the Congress directs the Secretary to accept from Burlington Northern Railroad Company the following described lands and interests therein, consisting of twenty-four thousand and seven and twenty-three one-hundredths acres of land, more or less, subject to valid existing rights of record acceptable to the Secretary. Township 6 South, Range 1 East, Montana Principal Meridian Section 13: All, Township 6 South, Range 2 East Section 1: Lots 13,14, North half, West half southeast quarter. Section 19: All fractional, Section 27: All, Section 29: All, Section 31: All fractional. Section 33: All, Township 7 South, Range 1 East Section 1: All fractional. Section 3: Lots 1 and 2, South half northeast quarter. Section 11: North half northeast quarter. Township 7 South, Range 2 East Section 5: All fractional, Section 15: All,
PUBLIC LAW 98-140—OCT. 31, 1983 97 STAT. 905 Section 17: All, Section 21: All, Section 25: All, Section 27: North half. Southeast quarter. East half southwest quarter, Section 85: North half, Township 7 South, Range 3 East Section 31: All fractional. Township 8 South, Range 1 East Section 25: North half. Township 8 South, Range 2 East Section 1: All fractional. Section 3: All fractional. Section 9: All, Section 11: All, Section 13: All, Section 15: All, Section 17: All, Section 19: All fractional. Section 21: All, Section 23: All, Section 25: All, Section 27: All, Section 33: East half. Section 35: All, Township 8 South, Range 3 East Section 5: All fractional, Section 7: All fractional. Section 17: All, Section 19: All fractional. Section 21: West half. Section 29: All, Section 31: Lots 1 and 2, Northeast quarter, East half northwest quarter. Township 9 South, Range 2 East Section 1: All fractional. Section 11: All. The lands acquired by the United States under the provisions of this section shall become parts of the Gallatin and Beaverhead National Forests subject to the laws, rules, and regulations applicable to the national forest system. (b) Upon acceptance of title by the United States to the lands Conveyance. described in subsection (a) of this section, the United States through the Secretary shall convey to Burlington Northern Railroad Com- pany all right, title, and interests to the following described national forest system lands and interests therein, consisting of eleven thou-
97 STAT. 906 PUBLIC LAW 98-140—OCT. 31, 1983 sand eight hundred and ten and forty-seven one-hundredths acres of land more or less, which are of substantially equal value to the lands and interests conveyed to the United States and described as follows: Township 5 South, Range 1 East, Montana Principal Meridian Section 24: South half. Section 26: All, Section 34: Lots 1, 2, 3, 4, Southeast quarter. Section 36: All, less HES 187 and 190, Township 5 South, Range 2 East Section 30: All fractional, Section 32: All, Section 34: South half. Township 6 South, Range 1 East Section 2: All fractional. Section 12: All, Township 6 South, Range 2 East Section 2: All fractional. Section 4: All fractional, Section 6: All fractional. Section 8: All, Section 10: All, Section 12: All fractional. Section 14: All, Section 16: All, Section 22: All, Section 24: All, Township 6 South, Range 3 East Section 18: All fractional. The lands described in this subsection are conveyed subject to the following reservations: (1) ditches and canals as provided for in the Act of August 30, 1890 (26 Stat. 391, 43 U.S.C. 945); and (2) for so long as the Secretary deems necessary, Burlington Northern Railroad Company accepts the responsibility accruing from this exchange to provide and manage three (3) public recreational accesses, including trail head facilities, in the Jack Creek drainage over routes approximately as illustrated on Exhibit C of the Memorandum of Understanding dated Novem- ber 20, 1981, between the United States Forest Service and Burlington Northern Railroad Company to utilize national forest lands. Conveyances. (c) The transactions necessary to effect the conveyances of title to lands authorized by this section shall be completed within ninety days of enactment of this Act: Provided, That the rights and respon-
PUBLIC LAW 98-140—OCT. 31, 1983 97 STAT. 907 sibilities of the respective owners shall remain with such owners until such time as the conveyances are executed. (d) The following orders of withdrawal, as they apply to the lands Orders of conveyed by the United States and involved in the transactions withdrawal. authorized by this section, are hereby revoked: Executive Order Numbered 30—Montana 7—Phosphate Re- serve—October 9, 1917 (one hundred and eighty-five acres). Executive Order Numbered 30—Montana 8—Coal Reserve— December 27, 1911 (two thousand two hundred and eighty acres). Montana 1—Coal Reserve—July 9, 1910 (seven thousand three hundred and sixteen and seventy-three one-hundredths acres). Public Land Order Numbered 1370—Hammond Administra- tive Site—November 28,1956. Public Land Order Numbered 909—Jack Creek Administra- tive Site—July 13,1953. FILING OF MAPS AND DESCRIPTIONS SEC. 5. As soon as practicable after enactment of this Act, maps Submittal to and legal descriptions of the Lee Metcalf Wilderness shall be filed congressional committees. with the Committee on Interior and Insular Affairs of the House of Representatives and the Committee on Energy and Natural Re- sources of the United States Senate, and such maps and legal descriptions shall have the same force and effect as if included in this Act: Provided, however, That correction of clerical and typo- graphical errors in such legal descriptions and maps may be made. AUTHORIZATION OF APPROPRIATIONS SEC. 6. There is hereby authorized to be appropriated such funds as may be necessary to carry out the purposes of this Act. SEC. 7. (a) Subsection Ot))(3) of section 4 of the Rattlesnake National Land leases and Recreation Area and Wilderness Act of 1980 (Public Law 96-476) is 16 bidding rights. u s e 460^^^. amended to read as follows: "(3) If for any reason, including but not limited to the failure "Money." of the Secretary of the Interior to offer for lease lands in the Montana portion of the Powder River Coal Production Region as defined in the Federal Register of November 9, 1979 (44 F.R. 65196), or the failure of the holder of the bidding rights to submit a successful high bid for any such leases, any bidding rights issued in an exchange under this Act have not been exercised within two years from the date of enactment of this Act, the bidding rights may be used as a monetary credit, which shall be considered 'money' within the meaning of section 35 of the Mineral Lands Leasing Act of 1920 (30 U.S.C. 191), against that portion of bonus payments, rental or royalty payments paid into the Treasury of the United States and retained by the Federal Government on any Federal coal lease won or otherwise held by the applicant, its successors or assigns. The holder of the bidding rights shall pay the balance due on such bonus pay- ments, rental or royalty payments in cash for transmittal to the States in the same manner and in the same amounts as though the entire payment were made in cash under the provisions of the Mineral Leasing Act of 1920 as amended. The bidding rights 30 use 181 note may be transferred or sold at any time by the owner to any
97 STAT. 908 PUBLIC LAW 98-140—OCT. 31, 1983 other party with all the rights of the owner to the credit, and after such transfer, the owner shall notify the Secretary.". Lands exchange (b) Section 4 of the Rattlesnake National Recreation Area and and bidding Wilderness Act of 1980 (Public Law 96-476) is further amended by rights. 16 u s e 460i/-3. adding a new subsection to read as follows: "Cash "(e) The Secretary of the Interior, in consultation with the Secre- Equivalency tary of Agriculture, shall consummate the exchange of the lands Rate." owned by the Montana Power Company within the boundaries of the Rattlesnake National Recreation Area and Rattlesnake Wilder- ness by issuing bidding rights to the Montana Power Company which shall equal the negotiated cash equivalent of the fair market value of such Montana Power Company lands, as provided in the agreement of April 4,1983, signed by the authorized representatives of the Secretary of Agriculture, the Secretary of the Interior and the Montana Power Company, except that adjustments in the 'Cash Equivalency Rate' referred to in said agreement shall not exceed a rate determined by the Secretary of the Interior taking into consid- eration the current average market yield on outstanding market- able obligations of the United States with remaining periods to maturity comparable to the remaining period during which the bidding rights may be used.". Approved October 31, 1983. LEGISLATIVE HISTORY—S. 96: HOUSE REPORT No. 98-405, Pt. 1 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 98-16 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 129 (1983): Apr. 13, considered and passed Senate. Oct. 6, considered and passed House, amended. Oct. 19, Senate concurred in House amendment.