Northern Rockies Ecosystem Protection Act

Short Title— This Act may be cited as the “Northern Rockies Ecosystem Protection Act”.

Table of Contents— The table of contents of this Act is as follows:

Many areas of undeveloped National Forest System lands, National Park System lands, and public lands administered by the Bureau of Land Management in the States of Idaho, Montana, Oregon, Washington, and Wyoming possess outstanding natural characteristics which give them high values as wilderness, parks, and wild and scenic rivers and will, if properly preserved, be an enduring resource of wilderness, wild land areas, and biodiversity for the benefit of the American people.

The Northern Rockies Bioregion contains the most diverse array of wild lands remaining south of Canada, providing sanctuary for a host of species listed as threatened or endangered under section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)). These national interest public lands are among the most popular wild lands in the United States, embracing greater ecosystems and national treasures such as the Greater Yellowstone, Greater Glacier/Northern Continental Divide, Greater Hells Canyon/Wallowa, Greater Salmon/Selway, and Greater Cabinet/Yaak/Selkirk ecosystems.

The natural ecosystems in the Northern Rockies Bioregion are largely dependent on National Forest System lands, National Park System lands, and public lands administered by the Bureau of Land Management, and the ecological productivity and diversity of resources these Federal public lands provide. Conservation of roadless areas on these public lands, which produces clean water, protects native fisheries and native flora and fauna, and provides scenic and recreational qualities, also preserves options for sustainable economics through activities such as hunting, fishing, and wilderness-based recreation.

The headwaters of several major river systems, including the Columbia, Snake, Green, Missouri and Saskatchewan Rivers, originate in the Northern Rockies Bioregion, and these rivers send their waters to three different oceans. These waters are of tremendous economic importance to farming and ranching operations, municipal water supplies, and water-based recreation, including fishing and boating. Protection of this world class water resource will enhance these uses, reduce costs for water treatment and irrigation, and increase native fish populations.

The wildlife treasures of the Northern Rockies are of international significance and contain remarkably intact large mammalian fauna and rare and unique plant life. Wildlife habitat fragmentation due to roadbuilding, timber harvest, mining, oil and gas exploration, lack of interagency cooperation, and other activities has severe effects on the wildlife populations (including those listed as threatened or endangered under section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c))) and their habitat, the water quality, the ancient forests, and the greater ecosystems of the Northern Rockies Bioregion. The overemphasis on resource extraction from National Forest System lands and public lands administered by the Bureau of Land Management has compromised ecosystem integrity and detracted from economic diversification opportunities. Economic instability and high unemployment in rural, resource-dependent communities is a common result of overexploitation of these lands.

Continued fragmentation and development of the remaining roadless and essentially roadless ecosystems and biological connectors of the Northern Rockies would cause a loss to the Nation of an entire wild land region and of the only remaining areas south of Canada still pristine enough to support populations of caribou, gray wolves, grizzly bears, anadromous fish, and numerous other rare and endangered plant and animal life all in one intact bioregion.

Since the 1936 roadless area inventory completed by Bob Marshall, millions of acres of roadless wild lands have been developed in the Northern Rockies. Extensive fragmentation of wild lands and wildlife habitat has resulted in the listing of several species as threatened or endangered and reduced the numbers and range of many others, including anadromous fish.

The natural ecosystems of the Northern Rockies Bioregion also serve as educational and research centers for on-site studies in biology, geology, astronomy and other sciences. The pristine nature of the National Forest System lands, National Park System lands, and public lands administered by the Bureau of Land Management in the Northern Rockies Bioregion helps local communities attract new residents and businesses based on local quality of life.

A review of the current situation in the Northern Rockies has revealed the urgent need for an ecological reserve system for the Northern Rockies Bioregion, which includes core ecosystem reserve areas and biological connecting corridors necessary to ensure wildlife movements and genetic interchange between the core reserve areas. Wildlife freedom of movement has always been essential to the survival of wildlife species, and an increasing number of scientific studies have identified movement corridors as a necessity for wildlife conservation in a changing climate. Several foreign governments, including the governments of Australia and Scotland, have announced plans for corridors that would make wildlife movement possible as climate pressures increase. The concept of connective corridors for wildlife movement has been endorsed by governors of States in the western United States, and is now widely recognized by conservation and scientific organizations. For example, freedom of movement for wildlife is basic to the emerging new science of “Movement Ecology” described in a December 2008 Proceedings of the National Academy of Sciences. This freedom of wildlife movement was a fundamental reason for the Act's development and introduction, and has become an increasingly high profile issue in the climate and biological sciences.

The economic value to the Nation of most of these undeveloped areas, left in their natural state, greatly exceeds any potential return to the Treasury of the United States from timber harvest and development. If current Federal land management in the Northern Rockies continues to result in the development of roadless areas, the American public will be using its tax dollars to fund permanent reductions in wilderness, water quality, fish and wildlife habitat, and species and biological diversity.

Instead, this Act provides opportunities for employment in outdoor trades by establishing rehabilitation zones on specific tracts of damaged Federal land where active restoration work will occur. This Act will provide contracts for local businesses and renew the intrinsic economic, social and cultural benefits that result from productive land. Federal land rehabilitation projects represent a direct benefit to the local economy and reduce the loss to American taxpayers caused by below-cost timber sales and other subsidized resource extraction.

The congressional review of roadless areas within the National Forest System, National Park System, and public lands administered by the Bureau of Land Management in the States of Idaho, Montana, Oregon, Washington, and Wyoming has identified areas which, on the basis of their land form, ecosystem, associated fish and wildlife, economic value, and location will help to fulfill the role of the United States Forest Service, National Park Service, and Bureau of Land Management to ensure a quality National Wilderness Preservation System. The review has identified other areas which may have outstanding values as wild and scenic rivers. The review has also identified areas which may not possess outstanding wilderness attributes and should not now be designated as components of the National Wilderness Preservation System, but which should be studied to determine their role in maintaining biological diversity in the Northern Rockies.

Many areas of National Forest System lands and public lands administered by the Bureau of Land Management have been damaged and their productivity reduced by unwise development practices, which have also impaired ecosystem function and biological diversity. The Island Park area adjacent to Yellowstone National Park contains large clear-cut areas right up to the park boundary. Efforts should be made to return these areas to their former ecological health and native diversity. These efforts should seek to ensure that vital ecosystem components are restored, especially in areas where wildlife travel corridors and native fish and wildlife populations have been damaged or eliminated. Restoration efforts should seek to ensure and maintain genetic interchange, biological diversity, and restoration of native species diversity throughout the Northern Rockies Bioregion.

Backcountry areas of the National Park System have been damaged by inappropriate management, despite policies that require that recommended wilderness be administered as wilderness. An emphasis on structures and motorized equipment, and in some instances developed “backcountry” campsites, have all detracted from and degraded the wilderness character of these backcountry areas.

Federal agencies entrusted with managing the natural resources of the Northern Rockies Bioregion operate under contradictory congressional mandates, and thus are in dissension over management policies which involve common resources and greater ecosystems. Existing agency structures and regulatory mechanisms have proven unsatisfactory for responsible management of nationally important ecosystems on public lands. Existing laws and regulations have not been sufficient to establish and maintain agency accountability for public resources.

This Act does not affect private existing rights.

In general— The purposes of this Act are—

Purpose of Designations— The designations made by this Act are made in order to—

Development— The term development means activities that eliminate the roadless and wilderness characteristics of the land and includes ski resort facilities and such activities as roadbuilding, timber harvest, mining, and oil and gas drilling.

Greater ecosystem— The term greater ecosystem, when used in conjunction with the specific ecosystems protected under this Act, means the ecological land units of sufficient scale to support and maintain populations of large vertebrate species and the other native plant and animal species of the units. These units are comprised of lands which are similar in regards to topography, climate, and plant and animal species. The ecosystems in the Northern Rockies are also defined in terms of the habitat of wildlife indicator species listed as threatened or endangered under section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)), including grizzly bear, gray wolf, bald eagle, and caribou, and have been depicted on maps published by Federal agencies.

Northern rockies bioregion— The term Northern Rockies Bioregion means the portion of the Northern Rocky Mountains in the States of Montana, Idaho, Wyoming, Oregon, and Washington, so referred to on maps referred to in this Act.

Corridors— The term “corridors” means areas that provide connectivity of habitat or potential habitat and that facilitate the ability of terrestrial, estuarine, and freshwater fish, or wildlife to move within a landscape as needed for migration, gene flow, or dispersal, or in response to the impacts of climate change or other impacts.

Habitat— The term “habitat” means the physical, chemical, and biological properties that are used by fish, wildlife, or plants for growth, reproduction, survival, food, water, and cover, on a tract of land, in a body of water, or in an area or region.

Indian tribe— The term “Indian tribe” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).

Natural resources— The term “natural resources” means the terrestrial, freshwater, estuarine, and marine fish, wildlife, plants, land, water, habitats, and ecosystems of the United States.

Public land— The term “public land” has the meaning given the term in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)).

Resilience— The terms “resilience” and “resilient” means the ability to resist or recover from disturbance and preserve diversity, productivity, and sustainability.

Secretary concerned— The term “Secretary concerned” means—