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108th CONGRESS
1st Session
H. R. 652
To assure that the American people have large areas of land in healthy
natural condition throughout the country to maximize wildland
recreational opportunities for people, maximize habitat protection for
native wildlife and natural plant communities, and to contribute to a
preservation of water for use by downstream metropolitan communities
and other users, through the establishment of a National Forest
Ecosystem Protection Program composed of lands within existing
wilderness areas and adjacent primitive areas, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 7, 2003
Mr. Andrews introduced the following bill; which was referred to the
Committee on Agriculture, and in addition to the Committee on
Resources, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
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A BILL
To assure that the American people have large areas of land in healthy
natural condition throughout the country to maximize wildland
recreational opportunities for people, maximize habitat protection for
native wildlife and natural plant communities, and to contribute to a
preservation of water for use by downstream metropolitan communities
and other users, through the establishment of a National Forest
Ecosystem Protection Program composed of lands within existing
wilderness areas and adjacent primitive areas, 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 ``National Forest
Ecosystem Protection Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. National Forest ecosystem protection program.
Sec. 3. Special management considerations.
Sec. 4. Land acquisition.
Sec. 5. Permanent phase out of commercial grazing.
Sec. 6. Forest plan revision assessments.
Sec. 7. Original Ecosystem Protection Areas.
Sec. 8. Delineation of primitive areas on eastern National Forest
System lands.
Sec. 9. Delineation of primitive areas on western National Forest
System lands.
Sec. 10. Compatible management of adjacent Department of the Interior
lands.
Sec. 11. Development of State ecosystem protection areas.
Sec. 12. Reporting requirements.
Sec. 13. Authorization of appropriations.
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 Participation.--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:
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