[According to Citizens Review
Online:]
This bill is an attempt to implement
The Wildlands Project. This bill talks to identifying "core wilderness
areas." Please let your elected representative know that you do not support
this bill and you expect your elected representatives to oppose this bill.)
(Note: No less than thirty-three states
are 'covered' by this bill, whose intent is simply to implement the Wildlands
Project and rewild vast reaches of our country. Whether or not you live
in the states listed below, you have a vital interest in seeing that this
bill dies, and in educating -- or voting out -- the legislators that introduced
and are supporting it.)
H.R.652
- National Forest Ecosystem Protection Act of 2002 (Introduced in House)
SEC. 2. NATIONAL FOREST ECOSYSTEM PROTECTION
PROGRAM.
(a) DECLARATION OF POLICY- In order
to assure that the American
people have large areas of land in
healthy natural condition
throughout the country, which lands
maximize wildland recreational
opportunities for people, maximize
habitat protection for native
wildlife and natural plant communities,
and contribute to a
preservation of water for use by downstream
metropolitan communities
and other users, it is hereby declared
to be the policy of Congress
to secure for present and future generations
of Americans the
enduring resource of protected large
wild lands.
(c) ESTABLISHMENT- To help achieve the
policy declared in subsection
(a), there is hereby established a
National Forest Ecosystem
Protection Program to be composed of
lands within existing units of
the National Forest System that contain
one or more large existing
wilderness areas as a core area and
a primitive area extending
outward therefrom, both of which will
be designated as Ecosystem
Protection Areas by this Act or a subsequent
Act of Congress.
SEC. 3. SPECIAL MANAGEMENT CONSIDERATIONS.
(a) WILDERNESS AREA MANAGEMENT - Within
the Ecosystem Protection
Areas, the Secretary of Agriculture,
acting through the Forest
Service (in this Act referred to as
the `Secretary'), shall manage
the wilderness areas as provided by
the Wilderness Act (16 U.S.C.
1131 et seq.) and other applicable
laws, except that commercial
grazing shall be eliminated therein.
(b) PRIMITIVE AREA MANAGEMENT - Within
the Ecosystem Protection Areas,
the Secretary shall manage the primitive
areas so that primitive
recreation and habitat for wildlife
will be the paramount
considerations and that all other multiple
use activities will only
be used to reinforce the paramount
considerations. Commercial grazing
shall be eliminated therein.
(c) PROTECTION AND RESTORATION - The
Secretary, in consultation with
State wildlife officials and through
the use of a public
participation process, shall promote
the reestablishment or
protection of as many animal and plant
species native to the
designated Ecosystem Protection Areas
as practical.
SEC. 4. LAND ACQUISITION.
(a) LAND ACQUISITION AUTHORITY - The
Secretary shall strive to acquire
all private lands, all mineral rights
not owned by the United States,
and all other interests in lands not
owned by the United States, on a
willing-seller/willing-buyer basis,
located within any wilderness
area named in this Act and within the
primitive areas delineated
pursuant to this Act.
(b) EFFECT OF ACQUISITION - For each
acre of land acquired by the
Secretary under this section, a payment
in lieu of taxes shall be
made to the county in which the property
is located equal to $1.50
per acre per year, plus an increase
every year based on the
percentage change in the Consumer Price
Index. For these newly
acquired acres, no other payment shall
be made to the county based on
any other Federal law.
SEC. 5. PERMANENT PHASE OUT OF COMMERCIAL
GRAZING.
(a) GRAZING PHASE OUT TIMETABLE - The
Secretary shall provide for the
elimination of commercial grazing on
all allotments located wholly or
partially in wilderness areas or primitive
areas within the Ecosystem
Protection Areas. Within allotments
located wholly within the core
wilderness areas, grazing shall be
eliminated in 10 years. Within
allotments having more than 50 percent,
but less than 100 percent, of
their area in core wilderness areas,
grazing shall be eliminated in
12 years. Within allotments having
50 percent or less of their area
in core wilderness areas, including
those allotments located wholly
in a primitive area east of the 104th
meridian, grazing shall be
eliminated in 14 years.
(b) PUBLIC NOTIFICATION - In the case
of Ecosystem Protection Areas
located west of the 104th meridian,
the Secretary shall notify every
allottee and allotment manager whose
allotment is wholly or partially
within a core wilderness area that
the allotment will become
grazing-free within the number of years
provided in subsection (a).
The notification shall include the
options available to the person
under this section. The names and areas
of the allotments shall be
printed in the local newspapers. Each
of these steps shall be
completed within one year after the
date of the enactment of this Act.
(c) ASSISTANCE- In designated Ecosystem
Protection Areas, the Secretary--
(1) shall make an economic transition
payment to an allotee when
grazing is phased out;
(2) shall make an additional early-out
payment to a willing allotee
for the early permanent retirement
of the remaining years of grazing
privileges before the applicable date
specified in subsection (a);
(3) shall purchase the base property,
if so requested by the owner,
of any such allotment from a willing
seller, if it is located within
the boundaries of a unit of the National
Forest System;
(4) shall make funds available to the
Bureau of Land Management as an
economic transition payment for the
permanent phase out of grazing on
any Bureau of Land Management winter
allotment affected by a summer
allotment impacted by this Act, if
so requested by the allotee;
(5) may grant a one year extension for
extenuating circumstances to
the number of years indicated in subsection
(a) for the allotment to
become grazing free, if the allotee
applies for the extension from
one year to 6 months before the date
otherwise applicable under
subsection (a);
(6) may allocate any agency funds for
these purposes; and
(7) may attempt to acquire any property
authorized for purchase by
this Act, including the above described
base properties and any
mineral rights, and to retire the grazing
privileges early, in
cooperation with land trusts or other
private parties dedicated to
the preservation of open space.
(d) GRAZING PHASE OUT ON WINTER ALLOTMENTS
- The Bureau of Land
Management shall permanently phase
out grazing on any winter
allotment covered by subsection (c)(4).
(e) RELATION TO OTHER LAWS - Nothing
in this Act shall be construed to
affect the Government's authority to
otherwise modify or terminate
grazing permits.
(f) NO PROPERTY RIGHT CREATED - Payments
distributed according to this
section shall not create a property
right in grazing permit holders.
(g) TREATMENT OF GRAZING REVENUES -
For each grazing allotment
affected by this section, the average
annual revenues from grazing
shall be computed for the three full
fiscal years before the date of
the enactment of this Act. The number
so computed shall be utilized
for every year hereafter as a component
for any Federal program that
provides for payments in lieu of taxes
to units of local government,
based on revenues received by the Secretary,
irrespective of the
absence of revenues from that allotment
once grazing is phased out.
SEC. 6. FOREST PLAN REVISION ASSESSMENTS.
(a) ASSESSMENTS REQUIRED - In any Ecosystem
Protection Area located
east of the 104th meridian in the contiguous
48 States, the Secretary
shall include the following assessments
as part of the first round of
Forest Service land and resource management
plan revisions for each
of these areas made after the date
of the enactment of this Act:
(1) An assessment of expanding the designated
wilderness area or
creating new wilderness areas in all
the primitive areas created by
this Act.
(2) An assessment of the ecological
benefit to be derived from
closing any unimproved
roads bisecting any such areas within
encircling improved
roads and from closing any improved roads cherry
stemmed into
those areas.
(3) An assessment of the appropriate
management practices most likely
to improve habitat for key species
in any of the above described
areas, if those areas are not to be
proposed to Congress as new
wilderness areas.
(b) PUBLIC - Each assessment required
by this section
shall utilize all the procedures designed
to provide public input
into the Forest Service planning process.
SEC. 7. ORIGINAL ECOSYSTEM PROTECTION
AREAS.
(a) IN GENERAL - The original Ecosystem
Protection Areas include one
or more of the largest existing Forest
Service wilderness areas in
the following States, including any
adjacent wilderness areas or
wilderness areas separated by no more
than a road corridor, and
surrounding primitive areas delineated
as provided in section 8 or 9.
(b) DESIGNATION - The Ecosystem Protection
Areas, and the wilderness
area forming the their core, are as
follows:
(1) Alabama:
(A) Sipsey.
(2) Alaska:
(A) Misty Fiords.
(3) Arizona:
(A) Mazatzal.
(B) Blue Range (also in New Mexico),
including the Blue Range Primitive Area.
(C) Chiricahua.
(4) Arkansas:
(A) Hurricane Creek.
(B) Upper Kiamichi (also in Oklahoma).
(5) California:
(A) High Sierra, including John Muir,
Ansel Adams, Golden Trout,
Monarch, Dinkey Lakes, South Sierra,
Dome Land, Hoover and Emigrant.
(B) Trinity Alps.
(6) Colorado:
(A) Weminuche.
(B) West Elk.
(C) South San Juan.
(7) Florida:
(A) Big Gum Swamp.
(B) Bradwell Bay.
(8) Georgia:
(A) Cohutta (also
in Tennessee).
(B) Southern Nantahala (also in North
Carolina).
(9) Idaho:
(A) Central Idaho Massif, including
Frank Church-River of No Return, Selway-Bitterroot (also in Montana), and
Gospel Hump.
(B) Hells Canyon (also in Oregon).
(10) Indiana:
(A) Charles C. Deam.
(11) Kentucky:
(A) Clifty.
(12) Maine:
(A) Caribou-Speckled Mountain.
(13) Michigan:
(A) Sylvania.
(14) Minnesota:
(A) Boundary Waters Canoe Area.
(15) Missouri:
(A) Irish.
(16) Montana:
(A) Montana Rockies, including Bob Marshal,
Great Bear, and Scapegoat.
(B) Central Idaho Massif, including
Selway-Bitterroot (also in Idaho).
(C) Yellowstone, including Lee Metcalf
and Absaroka-Beartooth (also
in Wyoming).
(17) Nevada:
(A) Arc Dome.
(18) New Hampshire:
(A) Pemiwegasset.
(B) Presidential Range-Dry River.
(C) Sandwich Range.
(19) New Mexico:
(A) Gila including Gila and Aldo Leopold.
(B) Blue Range (also in Arizona).
(20) North Carolina:
(A) Citico Creek
(also in Tennessee), including Joyce Kilmer-Slickrock.
(B) Southern Nantahala
(also in Georgia).
(21) Oklahoma:
(A) Upper Kiamichi (also in Arkansas).
(22) Oregon:
(A) Hells Canyon, including Hells Canyon
(also in Idaho) and Eagle Cap.
(23) Pennsylvania:
(A) Hickory Creek.
(24) South Dakota:
(A) Black Elk.
(25) Tennessee:
(A) Cohutta including
Big Frog (also in Georgia).
(B) Citico Creek
including Joyce Kilmer-Slickrock (also in North Carolina).
(26) Texas:
(A) Upland Island.
(B) Indian Mounds.
(27) Utah:
(A) High Uintas.
(28) Vermont:
(A) Breadloaf.
(B) Lyle Brook.
(29) Virginia:
(A) Mountain Lake (also in West Virginia).
(30) Washington:
(A) North Cascades including Glacier
Peak, Pasayten, Lake
Chelan-Sawtooth, Mt. Baker, and Noisy
Diobsud.
(31) West Virginia:
(A) Cranberry.
(B) Mountain Lake (also in Virginia).
(32) Wisconsin:
(A) Headwaters.
(33) Wyoming:
(A) Yellowstone including Washakie,
Teton, North Absaroka, Winegar
Hole, Jeddiah Smith, Absaroka-Beartooth
(also in Montana) and Lee
Metcalf (wholly in Montana).
(B) Wind River including Bridger, Fitzpatrick
and Popo Agie.
SEC. 8. DELINEATION OF PRIMITIVE AREAS
ON EASTERN NATIONAL FOREST SYSTEM
LANDS.
(a) DELINEATION REQUIRED; TIMETABLE
- In the case of units of the
National Forest System located east
of the 104th meridian in the
contiguous 48 States, the Secretary
shall delineate primitive areas
around core wilderness areas as soon
as practicable, but in no case
more than three years after the date
of the enactment of this Act, as
an amendment to the applicable land
and resource management plan.
(b) CONTENT - The primitive areas delineated
under this section shall
include all areas from the wilderness
boundary out to the nearest
improved roads on all sides of the
wilderness area and enough
additional acreage to result in an
Ecosystem Protection Area that is
at least 50,000 acres and twice as
large as the core wilderness area.
In all cases, the primitive area shall
be as compact as possible and
designed to include as many natural
communities as possible,
including mountains, valleys, and other
natural areas.
(c) SPECIAL CONSIDERATIONS - In delineating
the primitive areas, the
Secretary shall exclude as many residential
areas as possible. Along
national or State designated trails,
such as the Appalachian Trail,
or natural biological corridors, the
Secretary shall extend the
primitive areas further in each direction
from the core wilderness
area.
(d) ROADS - The Secretary shall begin
closing unmapped roads,
temporary roads, and unimproved cherry-stemmed
roads in a primitive
area as soon as practicable after the
primitive area has been
delineated, unless such roads provide
access to private property.
(e) GRAZING - Any commercial grazing
permitted, as of the date of the
enactment of this Act, in the primitive
areas delineated under this
section shall be phased out as provided
in section 5.
SEC. 9. DELINEATION OF PRIMITIVE AREAS
ON WESTERN NATIONAL FOREST SYSTEM
LANDS.
In the case of an Ecosystem Protection
Areas located west of the
104th meridian, the Secretary shall
identify every grazing allotment
that is partially within a core wilderness
area, and the portions of
those allotments located outside of
the core wilderness area shall be
the primitive areas for that Ecosystem
Protection Area.
SEC. 10. COMPATIBLE MANAGEMENT OF ADJACENT
DEPARTMENT OF THE INTERIOR LANDS.
Federal lands administered by the Secretary
of the Interior that are
adjacent to the Ecosystem Protection
Areas shall be managed in a
manner compatible with the management
of the Ecosystem Protection
Areas.
SEC. 11. DEVELOPMENT OF STATE ECOSYSTEM
PROTECTION AREAS.
The Secretary shall provide technical
and financial assistance to
enable States to acquire an Ecosystem
Protection Area on State-owned
lands of a similar character and size
to the Ecosystem Protection
Areas designated by this Act. Such
State Ecosystem Protection Areas
shall be based on one of the largest
State-owned Natural Areas,
Wilderness Areas, State Parks, State
Forests, State Watershed
Management Areas, or State Wildlife
Management Areas in any State
without a National Forest or Grassland
of 50,000 or more acres.
SEC. 12. REPORTING REQUIREMENTS.
(a) INFORMATION ON ECOSYSTEM PROTECTION
AREAS - As part of the annual
report to Congress prepared by the
Secretary on the status of the
National Wilderness Preservation System,
the Secretary shall include
appropriate information concerning
the Ecosystem Protection Areas and
the administration of this Act.
(b) SPECIAL REQUIREMENTS FOR FIFTH REPORT
- The annual report
described in subsection (a) to be submitted
to Congress in the fifth
year after the date of the enactment
of this Act shall contain the
following:
(1) An assessment and evaluation of
all steps taken during the four
preceding years pursuant to this Act.
(2) Recommendations regarding the designation
of additional or the
expansion of existing Ecosystem Management
Areas.
(3) An evaluation of the effectiveness
of the procedures for creating
grazing free areas and the environmental
advantages created in those
areas.
(4) Recommendations regarding whether
the procedures evaluated under
paragraph (3) should be extended to
all Forest Service wilderness
areas.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
(a) LAND ACQUISITION IN EASTERN UNITED
STATES - There is authorized to
be appropriated to the Secretary for
each of the fiscal years 2004
through 2017 $100,000,000 for the purchase
of private lands and other
lands not owned by the United States
located in primitive areas
delineated east of the 104th meridian
in the contiguous 48 States.
Pending the delineation of primitive
areas under section 8, the
Secretary shall purchase lands in areas
that the Secretary
anticipates including in the Ecosystem
Protection Areas.
(b) LAND ACQUISITION IN WESTERN WILDERNESS
AREAS - There is authorized
to be appropriated to the Secretary
for each of the fiscal years 2004
through 2017 $5,000,000 for the purchase
of private lands and other
lands not owned by the United States
in the Wilderness Areas located
west of the 104th meridian in the contiguous
48 States.
(c) ELIMINATION OF GRAZING - There is
authorized to be appropriated to
the Secretary for each of the fiscal
years 2004 through 2017
$1,000,000 for the purpose of carrying
out section 5, including
providing economic transition payments,
early-out payments, and
qualifying base property purchase payments
and covering Forest
Service expenses in finding an allotee
a new allotment, when
requested by the allotee.
(d) SUPPORT FOR STATES WITHOUT ECOSYSTEM
PROTECTION AREAS - There is
authorized to be appropriated to the
Secretary for each of the fiscal
years 2004 through 2017 $33,000,000
to assist States in the purchase
of private lands in a State.
http://thomas.loc.gov
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