H. R. 3603 109th CONGRESS 2d Session

SEC. 303. MOTORIZED AND BICYCLE TRAVEL.

(a) Motorized and Bicycle Travel Authorized-

(1) BLM LAND- In the case of public land included in the management area, notwithstanding the status of any other road or trail, motorized and bicycle travel shall continue to be allowed on the Spar Canyon, Herd Lake, and Road Creek routes.

(2) FOREST SERVICE LAND- In the case of National Forest System land included in the management area, motorized and bicycle travel shall continue to be allowed in accordance with Forest Service travel plans and maps in existence as of July 24, 2006, which managed recreation use for the specific areas, roads, and trails on that land, as referenced on the travel map entitled `Boulder-White Clouds Management Area Travel Plan' and dated July 24, 2006.

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(b) Establishment or Use of Other Trails and Routes- Notwithstanding subsection (a), other trails and routes may be used for motorized and bicycle travel whenever the Secretary concerned considers such use to be necessary for administrative purposes or to respond to an emergency.

(c) Route and Trail Closures- The following roads or trails shall be closed to motorized and mechanized trail use, except when there is adequate snowcover to permit snowmobile use:

(1) Forest Service Trail 109 between the Phyllis Lake turnoff to 4th of July Lake and the south side of Washington Lake.

(2) Forest Service Trail 671 up Warm Springs Creek from Trail 104 to the wilderness boundary.

(d) Grounds for Trail Segment Closures- Resource damage that can be mitigated and issues of user conflict shall not be used as grounds for the closure of a trail or route in the management area, although the Secretary concerned may close any trail or route, or prohibit the use of trail or route for motorized and mechanize travel, if the Secretary determines that such closure or prohibition is the only reasonable means available for resource protection or public safety.

(e) Mitigation of Trail Closures- If the Secretary determines under subsection (d) that closing an available trail or route in the management area is necessary for resource protection or public safety, the Secretary shall take any of the following mitigation actions, intended to provide commensurate motorized recreation opportunities in the same general area of the management area:

(1) Repair resource damage and secure conditions so that closed trails may be reopened to motorized use.

(2) Replace, relocate, or reroute the trail or the trail segment to provide a similar link between travel points.

(3) A combination of the actions specified in paragraphs (1) and (2) and other actions to achieve the overall mitigation objective.

(f) Relation to Other Laws- In considering mitigation actions under subsection (e), the Secretary concerned shall ensure that such action is consistent with the overall objectives of the management area. If the lands are also included in the Sawtooth National Recreation Area, the Secretary concerned shall also administer the action in accordance with Public Law 92-400 (16 U.S.C. 460aa et seq.), the map referred to in subsection (a)(2), and executive orders and other relevant laws and regulations existing on or before the date of the enactment of this Act.

(g) BLM Travel Plan- Not later than three years after the date of the enactment of this Act, the Secretary of the Interior shall develop and implement a travel plan for public land included in the management area, but not otherwise covered by this section. The travel plan shall be developed in accordance with the laws and regulations generally applicable to the public land included in the management area and in accordance with the existing management plan for the Challis District of the Bureau of Land Management. Motorized and bicycle travel authorized in the travel plan shall be managed in accordance with the plan and laws and regulations generally applicable to the public land, and not as otherwise provided for in this section. The Secretary of the Interior shall include a map as part of the travel plan.

SUBSTITUTE TO H.R. 222

SEC. 303. MOTORIZED AND BICYCLE TRAVEL.

(a) MOTORIZED AND BICYCLE TRAVEL AUTHORIZED.—

(1) BLM LAND.—In the case of public land included within the perimeter of the map entitled ‘‘CIEDRA: USFS and BLM Lands’’ described in section 301(a) and notwithstanding the status of any other road or trail, motorized and bicycle travel shall continue to be allowed on the Spar Canyon, Herd Lake, and Road Creek routes.

(2) FOREST SERVICE LAND.—In the case of National Forest System lands described in section 301(a), except for wilderness areas, motorized, snowmobile, and bicycle travel shall continue to be allowed in accordance with Forest Service travel plans and maps in existence as of September 1, 2003, which managed recreation use for the specific areas, roads, and trails on that land, as referenced on the travel maps entitled ø‘‘Boulder-White Clouds Area Travel Plan’’ and ‘‘Boulder-White Clouds Area Winter Travel Plan’’ and dated November 15, 2006.

(3) ACCESS TO RECREATIONAL FACILITIES.— Any road within the perimeter of the map entitled ‘‘CIEDRA: USFS and BLM Lands’’ described in section 301(a) that is in existence on the date of the enactment of this Act and provides access to a developed recreational facility of the Forest Service or Bureau of Land Management shall remain open to motorized and bicycle travel.

(b) ESTABLISHMENT OR USE OF OTHER TRAILS AND ROUTES.—Notwithstanding subsection (a), other trails and routes may be used for motorized and bicycle travel whenever the Secretary concerned considers such use to be necessary for administrative purposes or to respond to an emergency.

(c) ROUTE AND TRAIL CLOSURES.—The following roads or trails shall be closed to motorized and mechanized trail use, except when there is adequate snowcover to permit snowmobile use:

(1) Forest Service Trail 109 between the Phyllis Lake turnoff to 4th of July Lake and the south side of Washington Lake.

(2) Forest Service Trail 671 up Warm SpringsCreek from Trail 104 to the wilderness boundary.

(d) GROUNDS FOR TRAIL SEGMENT CLOSURES.—Resource damage that can be mitigated and issues of user conflict shall not be used as grounds for the closure of a trail or route in the perimeter of the map entitled ‘‘CIEDRA: USFS and BLM Lands’’ described in section 301(a), although the Secretary concerned may close any trail or route, or prohibit the use of trail or route for motorized and mechanize travel, if the Secretary determines that such closure or prohibition is the only reasonable means available for resource protection or public safety.

(e) MITIGATION OF TRAIL CLOSURES.—If the Secretary determines under subsection (d) that closing an available trail or route in the perimeter of the map entitled ‘‘CIEDRA: USFS and BLM Lands’’ described in section 301(a) is necessary for resource protection or public safety, the Secretary shall take any of the following mitigation actions, intended to provide commensurate motorized recreation opportunities in the same general area of the perimeter of the map entitled ‘‘CIEDRA: USFS and BLM Lands’’ described in section 301(a).

(1) Repair resource damage and secure conditions so that closed trails may be reopened to motorized use.

(2) Replace, relocate, or reroute the trail or the trail segment to provide a similar link between travel points.

(3) A combination of the actions specified in paragraphs (1) and (2) and other actions to achieve the overall mitigation objective.

(f) RELATION TO OTHER LAWS.—In considering mitigation actions under subsection (e), the Secretary concerned shall ensure that such action is consistent with the overall objectives of the Federal lands described in section 301(a).

(g) BLM TRAVEL PLAN.—Not later than three years after the date of the enactment of this Act, the Secretary of the Interior shall develop and implement a travel plan for BLM lands included within perimeter of the map entitled ‘‘CIEDRA: USFS and BLM Lands’’ described in section 301(a), but not otherwise covered by this section. The travel plan shall be developed in accordance with the laws and regulations generally applicable to the public land included in the perimeter of the map entitled ‘‘CIEDRA: USFS and BLM Lands’’ described in section 301(a) and in accordance with the existing management plan for the Challis District of the Bureau of Land Management. Motorized and bicycle travel authorized in the travel plan shall be managed in accordance with the plan and laws and regulations generally applicable to the public land, and not as otherwise provided for in this section. The Secretary of the Interior shall include a map as part of the travel plan.