Applies conservation of native diversity and logging restriction provisions of such Act to: (1) National Forest System land; (2) Federal land ; (3) national Wildlife Refuge System land; (4) Indian land; and (5) military land.
Title II: Protection for Ancient Forests, Roadless Areas, Watershed Protection Areas, Special Areas, and Federal Boundary Areas - Describes Special Areas as Federal forest land parcels possessing outstanding biological, scenic, recreational, or cultural values, exemplary on a regional or national level, which may not meet the definitions of ancient forests, roadless areas, watershed protection areas, or Federal boundary areas. Designates specified Special Areas which shall be subject to restrictions on road construction and logging in the following States: (1) Alabama; (2) Alaska; (3) Arizona; (4) Arkansas; (5) California; (6) Colorado; (7) Georgia; (8) Idaho; (9) Illinois; (10) Michigan; (11) Minnesota; (12) Missouri; (13) Montana; (14) New Mexico; (15) North Carolina; (16) Ohio; (17) Oklahoma; (18) Oregon; (19) South Carolina; (20) South Dakota; (21) Tennessee; (22) Texas; (23) Vermont; (24) Virginia; (25) Wisconsin; and (26) Wyoming.
Provides for the appointment of a committee of scientists to recommend additional Special Areas.
Restricts road construction and logging in ancient forests, roadless areas, watershed protection areas, Special Areas, and Federal boundary areas.
Title III: Effective Date - States that this Act and its amendments shall take effect on the date of enactment of this Act and shall not apply to any timber sale contract entered into on or before such date.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1368 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 1368
To amend the Forest and Rangeland Renewable Resources Planning Act of
1974 and related laws to strengthen the protection of native
biodiversity and ban clearcutting on Federal land, and to designate
certain Federal land as ancient forests, roadless areas, watershed
protection areas, special areas, and Federal boundary areas where
logging and other intrusive activities are prohibited.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 14, 1999
Mr. Torricelli (for himself, Mr. Kerry, and Mr. Cleland) introduced the
following bill; which was read twice and referred to the Committee on
Energy and Natural Resources
_______________________________________________________________________
A BILL
To amend the Forest and Rangeland Renewable Resources Planning Act of
1974 and related laws to strengthen the protection of native
biodiversity and ban clearcutting on Federal land, and to designate
certain Federal land as ancient forests, roadless areas, watershed
protection areas, special areas, and Federal boundary areas where
logging and other intrusive activities are prohibited.
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 ``Act to Save
America's Forests''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
TITLE I--LAND MANAGEMENT
Sec. 101. Committee of scientists.
Sec. 102. Administration and management.
Sec. 103. Conforming amendments.
TITLE II--PROTECTION FOR ANCIENT FORESTS, ROADLESS AREAS, WATERSHED
PROTECTION AREAS, SPECIAL AREAS, AND FEDERAL BOUNDARY AREAS
Sec. 201. Findings.
Sec. 202. Definitions.
Sec. 203. Designation of special areas.
Sec. 204. Restrictions on management activities in ancient forests,
roadless areas, watershed protection areas,
special areas, and Federal boundary areas.
TITLE III--EFFECTIVE DATE
Sec. 301. In general.
Sec. 302. Effect on existing contracts.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) Federal agencies that engage in even-age logging
practices include the Forest Service, the United States Fish
and Wildlife Service, the Bureau of Land Management, the Bureau
of Indian Affairs, and the Departments of the Army, Navy, and
Air Force;
(2) even-age logging causes substantial alterations in
native biodiversity by--
(A) emphasizing the production of a limited number
of commercial species, and often only a single species,
of trees on each site;
(B) manipulating the vegetation toward greater
relative density of the commercial species;
(C) suppressing competing species; and
(D) requiring the planting, on numerous sites, of a
commercial strain of the species that reduces the
relative diversity of other genetic strains of the
species that were traditionally located on the same
sites;
(3) even-age logging--
(A) frequently leads to the death of immobile
species and the very young of mobile species of
wildlife; and
(B) depletes the habitat of deep-forest species of
animals, including endangered species and threatened
species;
(4) even-age logging--
(A) exposes the soil to direct sunlight and the
impact of precipitation;
(B) disrupts the soil surface;
(C) compacts organic layers; and
(D) disrupts the run-off restraining capabilities
of roots and low-lying vegetation, resulting in soil
erosion, the leaching of nutrients, a reduction in the
biological content of soil, and the impoverishment of
soil;
(5) all of the consequences described in paragraph (4) have
a long-range deleterious effect on all land resources,
including timber production;
(6) even-age logging aggravates global warming by--
(A) decreasing the capability of the soil to retain
carbon; and
(B) during the critical periods of felling and site
preparation, reducing the capacity of the biomass to
process and to store carbon, with a resultant loss of
stored carbon to the atmosphere;
(7) even-age logging renders soil increasingly sensitive to
acid deposits by causing a decline of soil wood and coarse
woody debris;
(8) a decline of solid wood and coarse woody debris reduces
the capacity of soil to retain water and nutrients, which in
turn increases soil heat and impairs soil's ability to maintain
protective carbon compounds on the soil surface;
(9) even-age logging results in--
(A) increased stream sedimentation and the silting
of stream bottoms;
(B) a decline in water quality;
(C) the impairment of life cycles and spawning
processes of aquatic life from benthic organisms to
large fish; and
(D) as a result of the effects described in
subparagraphs (A) through (C), a depletion of the sport
and commercial fisheries of the United States;
(10) even-age logging increases harmful secondary effects,
including blowdowns, invasions by weed species, and heavier
losses to predators and competitors;
(11) by reducing the number of deep, canopied, variegated,
permanent forests, even-age logging--
(A) limits areas where the public can satisfy an
expanding need for recreation; and
(B) decreases the recreational value of land;
(12) even-age logging replaces forests described in
paragraph (11) with a surplus of clearings that grow into
relatively impenetrable thickets of saplings, and then into
monoculture tree plantations;
(13) human beings depend on native biological resources,
including plants, animals, and micro-organisms, for food,
medicine, shelter, and other important products, and as a
source of intellectual and scientific knowledge, recreation,
and aesthetic pleasure;
(14) alteration of native biodiversity has serious
consequences for human welfare, as demonstrated by the
irretrievable loss to the United States of resources for
research and agricultural, medicinal, and industrial
development;
(15) alteration of biodiversity in Federal forests
adversely affects the functions of ecosystems and critical
ecosystem processes that moderate climate, govern nutrient
cycles and soil conservation and production, control pests and
diseases, and degrade wastes and pollutants;
(16) the negative impact of even-age logging on the natural
resources of the United States and the quality of life of the
people of the United States is substantial, severe, and
avoidable;
(17) by substituting selection management, as prescribed in
this Act, for the even-age system, the Federal agencies with
jurisdiction over even-age logging would substantially reduce
devastation to the environment and improve the quality of life
of the people of the United States;
(18) by protecting native biodiversity, as prescribed in
this Act, Federal agencies would maintain vital native
ecosystems and improve the quality of life of the people of the
United States;
(19) selection logging--
(A) is more job intensive, and therefore provides
more employment than even-age logging to manage the
same quantity of timber production; and
(B) produces higher quality sawlogs than even-age
logging; and
(20) the court remedies available to enforce Federal forest
laws are inadequate, and should be strengthened by providing
for injunctions, declaratory judgments, statutory damages, and
reasonable costs of suit.
(b) Purposes.--The purposes of this Act are, on all Federal land,
to conserve native biodiversity and protect all native ecosystems
against losses that result from--
(1) clearcutting and other forms of even-age logging; and
(2) logging in ancient forests, roadless areas, watershed
protection areas, special areas, and Federal boundary areas.
TITLE I--LAND MANAGEMENT
SEC. 101. COMMITTEE OF SCIENTISTS.
Section 6 of the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1604) is amended by striking subsection (h) and
inserting the following:
``(h) Committee of Scientists.--
``(1) In general.--To carry out subsection (g), the
Secretary shall appoint a committee composed of scientists
that--
``(A) are not officers or employees of the Forest
Service, of any other public entity, or of any entity
engaged in whole or in part in the production of wood
or wood products; and
``(B) have not contracted with or represented any
entity described in subparagraph (A) during the 5-year
period ending on the date of the proposed appointment
to the committee.
``(2) Duties.--The committee shall provide scientific and
technical advice and counsel on proposed guidelines and
procedures and all other issues involving forestry and native
biodiversity to promote an effective interdisciplinary approach
to forestry and native biodiversity.
``(3) Termination.--The committee shall terminate on the
date that is 10 years after the date of enactment of the Act to
Save America's Forests.''
SEC. 102. ADMINISTRATION AND MANAGEMENT.
The Forest and Rangeland Renewable Resources Planning Act of 1974
is amended by adding after section 6 (16 U.S.C. 160l-8) the following:
``SEC. 6A. CONSERVATION OF NATIVE BIODIVERSITY.
``(a) Applicability.--This section applies to the administration
and management of--
``(1) National Forest System land, under this Act;
``(2) Federal land, under the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.);
``(3) National Wildlife Refuge System land, under the
National Wildlife Refuge System Administration Act of 1966 (16
U.S.C. 668dd et seq.);
``(4) Indian land, under the National Indian Forest
Resources Management Act (25 U.S.C. 3101 et seq.); and
``(5) military land, under chapter 159 of title 10, United
States Code.
``(b) Native Biodiversity in Forested Areas.--The Secretary shall
provide for the conservation or restoration of native biodiversity in
each stand and each watershed throughout each forested area, except
during the extraction stage of authorized mineral development or during
authorized construction projects, in which cases the Secretary shall
conserve native biodiversity to the maximum extent practicable.
``(c) Restriction on Use of Certain Logging Practices.--
``(1) Definitions.--In this subsection:
``(A) Age diversity.--The term `age diversity'
means the naturally occurring range and distribution of
age classes within a given species.
``(B) Basal area.--The term `basal area' means the
area of the cross section of a tree stem, including the
bark, at 4.5 feet above the ground.
``(C) Clearcutting.--The term `clearcutting' means
an even-age logging operation that removes all of the
trees over a substantial portion of a stand at 1 time,
as determined by the Secretary.
``(D) Conservation.--The term `conservation' means
protective measures for maintaining native biodiversity
and active and passive measures for restoring diversity
through management efforts, in order to protect,
restore, and enhance as much of the variety of species
and communities as practicable in abundances and
distributions that provide for their continued
existence and normal functioning, including the
viability of populations throughout their natural
geographic distributions.
``(E) Even-age logging operation.--
``(i) In general.--The term `even-age
logging operation' means any logging activity
that--
``(I) creates a clearing or opening
that exceeds in width in any direction
the height of the tallest tree standing
within 10 feet outside the edge of the
clearing or opening;
``(II) creates a stand where the
majority of trees are within 10 years
of the same age; or
``(III) cuts or removes more than
20 percent of the basal area of a stand
within 30 years.
``(ii) Inclusion.--The term `even-age
logging operation' includes the application of
clearcutting, seed-tree cutting, shelterwood
cutting, or any other logging method in a
manner inconsistent with selection management.
``(F) Genetic diversity.--The term `genetic
diversity' means the differences in genetic composition
within and among populations of a species.
``(G) Native biodiversity.--
``(i) In general.--The term `native
biodiversity' means--
``(I) the full range of variety and
variability within and among living
organisms; and
``(II) the ecological complexes in
which the living organisms would have
occurred in the absence of significant
human impact.
``(ii) Inclusions.--The term `native
biodiversity' includes diversity--
``(I) within a species (including
genetic diversity, species diversity,
and age diversity);
``(II) within a community of
species;
``(III) between communities of
species;
``(IV) within a total area, such as
a watershed;
``(V) along a vertical plane from
ground to sky, including application of
the plant to all the other types of
diversity; and
``(VI) along the horizontal plane
of the earth-surface, including
application of the plane to all the
other types of diversity.
``(H) Seed-tree cut.--The term `seed-tree cut'
means an even-age logging operation that leaves a small
minority of seed trees in a stand for any period of
time.
``(I) Selection management.--
``(i) In general.--The term `selection
management' means--
``(I) a method of logging that
emphasizes the periodic removal of
trees, including mature, undesirable,
and cull trees, in a manner that
ensures--
``(aa) the maintenance of
continuous high forest cover
where high forest cover
naturally occurs;
``(bb) the maintenance or
natural regeneration of all
native species in a stand; and
``(cc) the growth and
development of trees through a
range of diameter or age
classes to provide a sustained
yield of forest products; and
``(II) cutting methods that develop
and maintain selection stands,
including--
``(aa) individual-tree
selection, in which individual
trees of varying size and age
classes are selected and logged
in a generally uniform pattern
throughout a stand; and
``(bb) group selection, in
which small groups of trees are
selected and logged.
``(ii) Exclusion.--
``(I) In general.--Subject to
subclause (II), the term `selection
management' does not include an even-
age logging operation.
``(II) Felling age; native
biodiversity.--Subclause (I) does not--
``(aa) establish a 150-year
projected felling age as the
standard at which individual
trees in a stand are to be cut;
or
``(bb) limit native
biodiversity to that which
occurs within the context of a
150-year projected felling age.
``(J) Shelterwood cut.--The term `shelterwood cut'
means an even-age logging operation that leaves--
``(i) a minority of the stand (larger than
a seed-tree cut) as a seed source; or
``(ii) a protection cover remaining
standing for any period of time.
``(K) Species diversity.--The term `species
diversity' means the richness and variety of native
species in a particular location.
``(L) Stand.--The term `stand' means a biological
community of not to exceed 100 acres with enough
identity by location, topography, or dominant species
to be managed as a unit.
``(M) Timber purposes.--
``(i) In general.--The term `timber
purposes' means the use, sale, lease, or
distribution of trees, including the felling of
trees or portions of trees.
``(ii) Exception.--The term `timber
purposes' does not include the felling of trees
of portions of trees to create land space for a
structure or other use.
``(N) Within-community diversity.--The term
`within-community diversity' means the distinctive
assemblages of species and ecological processes that
occur in different physical settings of the biosphere
and distinct locations.
``(2) Prohibition of even-age logging operations.--Even-age
logging operations shall be prohibited in each stand and
watershed throughout each forested area.
``(3) Native biodiversity.--On each stand on which an even-
age logging operation has been conducted on or before the date
of enactment of this subsection, the Secretary shall--
``(A) prescribe a shift to selection management; or
``(B) cease managing the stand for timber purposes,
in which case the Secretary shall--
``(i) undertake an active restoration of
the native biodiversity of the stand; or
``(ii) permit the stand to regain native
biodiversity.
``(4) Enforcement.--
``(A) Federal enforcement.--The Secretary of
Agriculture and the Attorney General shall enforce the
provisions of subsection (g)(3)(B) and this subsection
against any person that violates 1 or more of the
provisions.
``(B) Citizen suits.--
``(i) In general.--A citizen harmed by a
violation of subsection (g)(3)(B) or this
subsection may bring an action for a
declaratory judgment, a temporary restraining
order, an injunction, statutory damages, or
other remedy against any alleged violator,
including the United States, in any district
court of the United States.
``(ii) Judicial relief.--If a district
court of the United States determines that a
violation of subsection (g)(3)(B) or this
subsection has occurred, the district court--
``(I) shall impose a damage award
of not less than $5,000;
``(II) may issue 1 or more
injunctions or other forms of equitable
relief; and
``(III) shall award to each
prevailing party the reasonable costs
of bringing the action, including
attorney's fees, witness fees, and
other necessary expenses.
``(iii) Standard of proof.--The standard of
proof in all actions under this subparagraph
shall be the preponderance of the evidence.
``(iv) Trial.--A trial for any action under
this subsection shall be de novo.
``(C) Payment of damages.--
``(i) Non-federal violator.--A damage award
under subparagraph (B)(ii) shall be paid to the
Treasury by a non-Federal violator or violators
designated by the court.
``(ii) Federal violator.--
``(I) In general.--Not later than
40 days after the date on which
judgment is rendered, a damage award
under subparagraph (B)(ii) for which
the United States is determined to be
liable shall be paid from the Treasury,
as provided under section 1304 of title
31, United States Code, to the person
or persons designated to receive the
damage award.
``(II) Use of damage award.--A
damage award described under subclause
(I) shall be used by the recipient to
protect or restore native biodiversity
on Federal land or on land adjoining
Federal land.
``(III) Court costs.--Any award of
costs of litigation and any award of
attorney fees shall be paid by a
Federal violator not later than 40 days
after the date on which judgment is
rendered.
``(F) Waiver of sovereign immunity.--
``(i) In general.--The United States
(including agents and employees of the United
States) waives its sovereign immunity in all
respects in all actions under subsection
(g)(3)(B) and this subsection.
``(ii) Notice.--No notice is required to
enforce this subsection.''.
SEC. 103. CONFORMING AMENDMENTS.
Section 6(g)(3) of the Forest and Rangeland Renewable Resource
Planning Act of 1974 (16 U.S.C. 1604(g)(3)) is amended--
(1) in subparagraph (D), by inserting ``and'' after the
semicolon at the end;
(2) in subparagraph (E), by striking ``; and'' and
inserting a period; and
(3) by striking subparagraph (F).
TITLE II--PROTECTION FOR ANCIENT FORESTS, ROADLESS AREAS, WATERSHED
PROTECTION AREAS, SPECIAL AREAS, AND FEDERAL BOUNDARY AREAS
SEC. 201. FINDINGS.
Congress finds that--
(1) unfragmented forests on Federal land, unique and
valuable assets to the general public, are damaged by
extractive logging;
(2) less than 10 percent of the original unlogged forests
of the United States remain, and the vast majority of the
remnants of the original forests of the United States are
located on Federal land;
(3) large, unfragmented forest watersheds provide high-
quality water supplies for drinking, agriculture, industry, and
fisheries across the United States;
(4) the most recent scientific studies indicate that
several thousand species of plants and animals are dependent on
large, unfragmented forest areas;
(5) many neotropical migratory songbird species are
experiencing documented broad-scale population declines and
require large, unfragmented forests to ensure their survival;
(6) destruction of large-scale natural forests has resulted
in a tremendous loss of jobs in the fishing, hunting, tourism,
recreation, and guiding industries, and has adversely affected
sustainable nontimber forest products industries such as the
collection of mushrooms and herbs;
(7) extractive logging programs on Federal land are carried
out at enormous financial costs to the Treasury and taxpayers
of the United States;
(8) ancient forests continue to be threatened by logging
and deforestation and are rapidly disappearing;
(9) ancient forests help regulate atmospheric balance,
maintain biodiversity, and provide valuable scientific
opportunity for monitoring the health of the planet;
(10) prohibiting extractive logging in the ancient forests
would create the best conditions for ensuring stable, well
distributed, and viable populations of the northern spotted
owl, marbled murrelet, American marten, and other vertebrates,
invertebrates, vascular plants, and nonvascular plants
associated with those forests;
(11) prohibiting extractive logging in the ancient forests
would create the best conditions for ensuring stable, well
distributed, and viable populations of anadromous salmonids,
resident salmonids, and bull trout;
(12) roadless areas are de facto wilderness that provide
wildlife habitat and recreation;
(13) large unfragmented forests, contained in large part on
roadless areas on Federal land, are among the last refuges for
native animal and plant biodiversity, and are vital to
maintaining viable populations of threatened, endangered,
sensitive, and rare species;
(14) roads cause soil erosion, disrupt wildlife migration,
and allow nonnative species of plants and animals to invade
native forests;
(15) the mortality and reproduction patterns of forest
dwelling animal populations are adversely affected by traffic-
related fatalities that accompany roads;
(16) the exceptional recreational, biological, scientific,
or economic assets of certain special forested areas on Federal
land are valuable to the public of the United States and are
damaged by extractive logging;
(17) in order to gauge the effectiveness and
appropriateness of current and future resource management
activities, and to continue to broaden and develop our
understanding of silvicultural practices, many special forested
areas need to remain in a natural, unmanaged state to serve as
scientifically established baseline control forests;
(18) certain special forested areas provide habitat for the
survival and recovery of endangered and threatened plant and
wildlife species, such as grizzly bears, spotted owls, Pacific
salmon, and Pacific yew, that are harmed by extractive logging;
(19) many special forested areas on Federal land are
considered sacred sites by native peoples;
(20) ecological, economic, and aesthetic values on private
property are damaged by logging and road building in Federal
boundary areas; and
(21) as a legacy for the enjoyment, knowledge, and well-
being of future generations, provisions must be made for the
protection and perpetuation of the ancient forests, roadless
areas, watershed protection areas, special areas, and Federal
boundary areas of the United States.
SEC. 202. DEFINITIONS.
In this title:
(1) Ancient forest.--The term ``ancient forest'' means--
(A) the northwest ancient forest, including--
(i) Federal land identified as late-
successional reserves, riparian reserves, and
key watersheds under the heading ``Alternative
1'' of the report entitled ``Final Supplemental Environmental Impact
Statement on Management of Habitat for Late-Successional and Old-Growth
Forest Related Species Within the Range of the Northern Spotted Owl,
Vol. I.'', and dated February 1994; and
(ii) Federal land identified by the term
``medium and large conifer multi-storied,
canopied forests'' as defined in the report
described in clause (i);
(B) the eastside Cascade ancient forest,
including--
(i) Federal land identified as ``Late-
Succession/Old-growth Forest (LS/OG)'' depicted
on maps for the Colville, Fremont, Malheur,
Ochoco, Umatilla, Wallowa-Whitman and Winema
National Forests in the report entitled
``Interim Protection for Late-Successional
Forests, Fisheries, and Watersheds: National
Forests East of the Cascade Crest, Oregon, and
Washington'', prepared by the Eastside Forests
Scientific Society Panel (The Wildlife Society,
Technical Review 94-2, August 1994);
(ii) Federal land east of the Cascade crest
in the States of Oregon and Washington, defined
as ``late successional and old-growth forests''
in the general definition on page 28 of the
report described in clause (i); and
(iii) Federal land classified as ``Oregon
Aquatic Diversity Areas'', as defined in the
report described in clause (i); and
(C) the Sierra Nevada ancient forest, including--
(i) Federal land identified as ``Areas of
Late-Successional Emphasis (ALSE)'' in the
report entitled, ``Final Report to Congress:
Status of the Sierra Nevada'', prepared by the
Sierra Nevada Ecosystem Project (Wildland
Resources Center Report #40, University of
California, Davis, 1996/97);
(ii) Federal land identified as ``Late-
Succession/Old-Growth Forests Rank 3, 4 or 5''
in the report described in clause (i); and
(iii) Federal land identified as
``Potential Aquatic Diversity Management
Areas'' on the map on page 1497 of the report
described in clause (i).
(2) Extractive logging.--The term ``extractive logging''
means the cutting or removal of any trees from Federal forest
land for any purpose.
(3) Federal boundary area.--The term ``Federal boundary
area'' means land that is--
(A) managed by the Forest Service, the Bureau of
Land Management, or the United States Fish and Wildlife
Service; and
(B) located within 200 feet of a property line.
(4) Improved road.--The term ``improved road'' means any
road maintained for travel by standard passenger type vehicles.
(5) Roadless area.--The term ``roadless area'' means a
contiguous parcel of Federal land that is--
(A) devoid of improved roads, except as provided in
subparagraph (B); and
(B) composed of--
(i) at least 1,000 acres west of the 100th
meridian (with up to \1/2\ mile of improved
roads per 1,000 acres);
(ii) at least 1,000 acres east of the 100th
meridian (wiht up to \1/2\ mile of improved
roads per 1,000 acres); or
(iii) less than 1,000 acres, but share a
border that is not an improved road with a
wilderness area, primitive area, or wilderness
study area.
(6) Secretary concerned.--The term ``Secretary concerned''
means the head of each Federal agency having jurisdiction over
Federal land included in an ancient forest, roadless area,
watershed protection area, special area, or Federal boundary
area.
(7) Special area.--The term ``special area'' means a
certain area of Federal forest land designated under section 3
that may not meet the definition of an ancient forest, roadless
area, watershed protection area, or Federal boundary area, but
that--
(A) possesses outstanding biological, scenic,
recreational, or cultural values; and
(B) is exemplary on a regional, national, or
international level.
(8) Watershed protection area.--The term ``watershed
protection area'' means Federal land that extends--
(A) 300 feet from both sides of the active stream
channel of any permanently flowing stream or river;
(B) 100 feet from both sides of the active channel
of any intermittent, ephemeral, or seasonal stream, or
any other nonpermanently flowing drainage feature
having a definable channel and evidence of annual scour
or deposition of flow-related debris;
(C) 300 feet from the edge of the maximum level of
any natural lake or pond; or
(D) 150 feet from the edge of the maximum level of
a constructed lake, pond, or reservoir, or a natural or
constructed wetland.
SEC. 203. DESIGNATION OF SPECIAL AREAS.
(a) In General.--
(1) Finding.--A special area shall possess at least 1 of
the values described in paragraphs (2) through (5).
(2) Biological values.--The biological values of a special
area may include the presence of--
(A) threatened species or endangered species of
plants or animals;
(B) rare or endangered ecosystems;
(C) key habitats necessary for the recovery of
endangered species or threatened species;
(D) recovery or restoration areas of rare or
underrepresented forest ecosystems;
(E) migration corridors;
(F) areas of outstanding biodiversity;
(G) old growth forests;
(H) commercial fisheries; and
(I) sources of clean water such as key watersheds.
(3) Scenic values.--The scenic values of a special area may
include the presence of--
(A) unusual geological formations;
(B) designated wild and scenic rivers;
(C) unique biota; and
(D) vistas.
(4) Recreational values.--The recreational values of a
special area may include the presence of--
(A) designated national recreational trails or
recreational areas;
(B) areas that are popular for such recreation and
sporting activities as--
(i) hunting;
(ii) fishing;
(iii) camping;
(iv) hiking;
(v) aquatic recreation; and
(vi) winter recreation;
(C) Federal land in regions that are underserved in
terms of recreation;
(D) land adjacent to designated wilderness areas;
and
(E) solitude.
(5) Cultural values.--The cultural values of a special area
may include the presence of--
(A) sites with Native American religious
significance; and
(B) historic or prehistoric archaeological sites
eligible for listing on the national historic register.
(b) Size Variation.--A special area may vary in size to encompass
the outstanding biological, scenic, recreational, or cultural value or
values to be protected.
(c) Designation of Special Areas.--There are designated the
following special areas, which shall be subject to the management
restrictions specified in section 204:
(1) Alabama: sipsey wilderness.--Certain land in the
Bankhead National Forest in the State of Alabama, totaling
approximately 20,000 acres, located directly west of Highway 33
and directly north of County Road 60, including all of the
Sipsey River Watershed north of Cranal Road, known as the
``Sipsey Wilderness''.
(2) Alaska.--
(A) Turnagain arm.--Certain land in the Chugach
National Forest, on the Kenai Peninsula in the State of
Alaska, totaling approximately 100,000 acres, extending
from sea level to ridgetop surrounding the inlet of
Turnagain Arm, known as ``Turnagain Arm''.
(B) Honker divide.--Certain land in the Tongass
National Forest in the State of Alaska, totaling
approximately 75,000 acres, located on north central
Prince of Wales Island, comprising the Thorne River and
Hatchery Creek watersheds, stretching approximately 40
miles northwest from the vicinity of the town of Thorne
Bay to the vicinity of the town of Coffman Cove, generally known as the
``Honker Divide''.
(3) Arizona: north rim of the grand canyon.--Certain land
in the Kaibab National Forest in the State of Arizona that is
included in the Grand Canyon Game Preserve, totaling
approximately 500,000 acres, abutting the northern side of the
Grand Canyon in the area generally known as the ``North Rim of
the Grand Canyon''.
(4) Arkansas.--
(A) Cow creek drainage, arkansas.--Certain land in
the Ouachita National Forest, Mena Ranger District, in
Polk County, in the State of Arkansas, totaling
approximately 7,000 acres, known as ``Cow Creek
Drainage, Arkansas'', and bounded approximately--
(i) to the north, by County Road 95;
(ii) to the south, by County Road 157;
(iii) to the east, by County Road 48; and
(iv) to the west, by the Arkansas-Oklahoma
border.
(B) Leader and brush mountains.--Certain land in
the Ouachita National Forest, in Montgomery and Polk
Counties in the State of Arkansas, totaling
approximately 120,000 acres, known as ``Leader and
Brush Mountains'', located in the vicinity of the
Blaylock Creek Watershed between Long Creek and the
South Fork of the Saline River.
(C) Polk creek area.--Certain land in the Ouachita
National Forest, Mena Ranger District, in the State of
Arkansas, totaling approximately 20,000 acres, bounded
by Arkansas Highway 4 and Forest Roads 73 and 43, known
as the ``Polk Creek area''.
(D) Lower buffalo river watershed.--Certain land in
the Ozark National Forest, Sylamore Ranger District,
totaling approximately 6,000 acres, including Forest
Service land not already designated as Wilderness
Areas, located in the watershed of Big Creek southwest
of the Leatherwood Wilderness Area in Searcy and Marion
Counties, Arkansas, and known as the ``Lower Buffalo
River Watershed''.
(E) Upper buffalo river watershed.--Certain land in
the Ozark National Forest, Buffalo Ranger District,
totaling approximately 220,000 acres, comprised of
Forest Service land not already designated as
Wilderness Areas, known as the ``Upper Buffalo River
Watershed'', located approximately 35 miles from the
town of Harrison, in Madison, Newton, and Searcy
Counties, in the State of Arkansas, upstream of the
confluence of the Buffalo River and Richland Creek in
the watersheds of--
(i) the Buffalo River;
(ii) the various streams comprising the
Headwaters of the Buffalo River;
(iii) Richland Creek;
(iv) Little Buffalo Headwaters;
(v) Edgmon Creek;
(vi) Big Creek; and
(vii) Cane Creek.
(5) California: giant sequoia preserve.--Certain land in
the Sequoia and Sierra National Forests in the State of
California, known as the ``Giant Sequoia Preserve'', comprised
of 3 discontinuous parcels and approximately 442,425 acres,
located in Fresno, Tulare, and Kern Counties in the Southern
Sierra Nevada mountain range, including--
(A) the Kings River Unit (145,600 acres) and nearby
Redwood Mountain Unit (11,730 acres), located
approximately 25 miles east of the city of Fresno; and
(B) the South Unit (285,095 acres), located
approximately 15 miles east of the city of Porterville.
(6) Colorado: cochetopa hills.--Certain land in the
Gunnison Basin area in the State of Colorado, known as the
``Cochetopa Hills'', administered by the Gunnison, Grand Mesa,
Uncompahgre, and Rio Grand National Forests, totaling
approximately 500,000 acres, spanning the continental divide
south and east of the city of Gunnison in Saguache County in
the State of Colorado, and including the--
(A) Elk and West Elk Mountains;
(B) Grand Mesa;
(C) Uncompahgre Plateau;
(D) northern San Juan Mountains;
(E) La Garitas Mountains; and
(F) Cochetopa Hills.
(7) Georgia.--
(A) Armuchee cluster.--Certain land in the
Chattahoochee National Forest, Armuchee Ranger
District, known as the ``Armuchee Cluster'', totaling approximately
19,700 acres, comprised of 3 parcels known as Rocky Face, Johns
Mountain and Hidden Creek, located approximately 10 miles southwest of
Dalton and 14 miles north of Rome, in Whitfield, Walker, Chattooga,
Floyd, and Gordon Counties, in the State of Georgia.
(B) Blue ridge corridor cluster, georgia areas.--
Certain land in the Chattahoochee National Forest,
Chestatee Ranger District, totaling approximately
15,000 acres, known as the ``Blue Ridge Corridor
Cluster, Georgia Areas'', comprised of 5 parcels known
as Horse Gap, Hogback Mountain, Blackwell Creek, Little
Cedar Mountain, and Black Mountain, located
approximately 15 to 20 miles north of the town of
Dahlonega, and Union and Lumpkin Counties, in the State
of Georgia.
(C) Chattooga watershed cluster, georgia areas.--
Certain land in the Chattahoochee National Forest,
Tallulah Ranger District, totaling 63,500 acres, known
as the ``Chattooga Watershed Cluster, Georgia Areas'',
comprised of 7 areas known as Rabun Bald, Three Forks,
Ellicott Rock Extension, Rock Gorge, Big Shoals,
Thrift's Ferry, and Five Falls, located in Rabun
County, Georgia near the towns of Clayton, in the State
of Georgia, near the town of Dillard, South Carolina.
(D) Cohutta cluster.--Certain land in the
Chattahoochee National Forest, Cohutta Ranger District,
totaling approximately 28,000 acres, known as the
``Cohutta Cluster'', comprised of 4 parcels known as
Cohuttta Extensions, Grassy Mountain, Emery Creek, and
Mountaintown, and located near the towns of Chatsworth
and Ellijay, in Murray, Fannin, and Gilmer Counties, in
the State of Georgia.
(E) Duncan ridge cluster.--Certain land in the
Chattahoochee National Forest, Brasstown and Toccoa
Ranger Districts, totaling approximately 17,000 acres,
known as the ``Duncan Ridge Cluster'', comprised of the
parcels known as Licklog Mountain, Duncan Ridge, Board
Camp, and Cooper Creek Scenic Area Extension, and
located approximately 10 to 15 miles south of the town
of Blairsville in Union and Fannin Counties, in the
State of Georgia.
(F) Ed jenkins national recreation area cluster.--
Certain land in the Chattahoochee National Forest,
Toccoa and Chestatee Ranger Districts, totaling
approximately 19,300 acres, known as the ``Ed Jenkins
National Recreation Area Cluster'', comprised of the
Springer Mountain, Mill Creek, and Toonowee parcels,
and located 30 miles north of the town of Dahlonega, in
Fannin, Dawson, and Lumpkin Counties, in the State of
Georgia.
(G) Gainesville ridges cluster.--Certain land in
the Chattahoochee National Forest, Chattooga Ranger
District, totaling approximately 14,200 acres, known as
the ``Gainesville Ridges Cluster'', comprised of 3
parcels known as Panther Creek, Tugaloo Uplands, and
Middle Fork Broad River, and located approximately 10
miles from the town of Toccoa, in Habersham and
Stephens Counties, in the State of Georgia.
(H) Northern blue ridge cluster, georgia areas.--
Certain land in the Chattahoochee National Forest,
Brasstown and Tallulah Ranger Districts, totaling
approximately 46,000 acres, known as the ``Northern
Blue Ridge Cluster, Georgia Areas'', comprised of 8
areas known as Andrews Cove, Anna Ruby Falls Scenic
Area Extension, High Shoals, Tray Mountain Extension,
Kelly Ridge-Moccasin Creek, Buzzard Knob, Southern
Nantahala Extension, and Patterson Gap, and located
approximately 5 to 15 miles north of Helen, 5 to 15
miles southeast of Hiawassee, north of Clayton, and
west of Dillard, in White, Towns and Rabun Counties, in
the State of Georgia.
(I) Rich mountain cluster.--Certain land in the
Chattahoochee National Forest, Toccoa Ranger District,
totaling approximately 9,500 acres, known as the ``Rich
Mountain Cluster'', comprised of the parcels known as
Rich Mountain Extension and Rocky Mountain, located 10
to 15 miles northeast of the town of Ellijay, in Gilmer
and Fannin Counties, in the State of Georgia.
(J) Wilderness heartlands cluster, georgia areas.--
Certain land in the Chattahoochee National Forest,
Chestatee, Brasstown and Chattooga Ranger Districts,
totaling approximately 16,500 acres, known as the
``Wilderness Heartlands Cluster, Georgia Areas'',
comprised of 4 parcels known as the Blood Mountain Extensions, Raven
Cliffs Extensions, Mark Trail Extensions, and Brasstown Extensions, and
located near the towns of Dahlonega, Cleveland, Helen, and Blairsville,
in Lumpkin, Union, White, and Towns Counties, in the State of Georgia.
(8) Idaho.--
(A) Cove/mallard.--Certain land in the Nez Perce
National Forest in the State of Idaho, totaling
approximately 94,000 acres, located approximately 30
miles southwest of the town of Elk City, and west of
the town of Dixie, in the area generally known as
``Cove/Mallard''.
(B) Meadow creek.--Certain land in the Nez Perce
National Forest in the State of Idaho, totaling
approximately 180,000 acres, located approximately 8
miles east of the town of Elk City in the area
generally known as ``Meadow Creek''.
(C) French creek/patrick butte.--Certain land in
the Payette National Forest in the State of Idaho,
totaling approximately 141,000 acres, located
approximately 20 miles north of the town of McCall in
the area generally known as ``French Creek/Patrick
Butte''.
(9) Illinois.--
(A) Cripps bend.--Certain land in the Shawnee
National Forest in the State of Illinois, totaling
approximately 39 acres, located in Jackson County in
the Big Muddy River watershed, in the area generally
known as ``Cripps Bend''.
(B) Opportunity area 6.--Certain land in the
Shawnee National Forest in the State of Illinois,
totaling approximately 50,000 acres, located in
northern Pope County surrounding Bell Smith Springs
Natural Area, in the area generally known as
``Opportunity Area 6''.
(C) Quarrel creek.--Certain land in the Shawnee
National Forest in the State of Illinois, totaling
approximately 490 acres, located in northern Pope
County in the Quarrel Creek watershed, in the area
generally known as ``Quarrel Creek''.
(10) Michigan: trap hills.--Certain land in the Ottawa
National Forest, Bergland Ranger District, totaling
approximately 37,120 acres, known as the ``Trap Hills'',
located approximately 5 miles from the town of Bergland, in
Ontonagon County, in the State of Michigan.
(11) Minnesota.--
(A) Trout lake and suomi hills.--Certain land in
the Chippewa National Forest, totaling approximately
12,000 acres, known as ``Trout Lake/Suomi Hills'' in
Itasca County, in the State of Minnesota.
(B) Lullaby white pine reserve.--Certain land in
the Superior National Forest in the State of Minnesota,
Gunflint Ranger District, totaling approximately 2,518
acres, in the South Brule Opportunity Area, northwest
of Grand Marais in Cook County, Minnesota, known as the
``Lullaby White Pine Reserve''.
(12) Missouri: eleven point-big springs area.--Certain land
in the Mark Twain National Forest in the State of Missouri,
Eleven Point Ranger District, totaling approximately 200,000
acres, comprised of the administrative area of the Eleven Point
Ranger District, known as the ``Eleven Point-Big Springs
Area''.
(13) Montana: mount bushnell.--Certain land in the Lolo
National Forest in the State of Montana, totaling approximately
41,000 acres, located approximately 5 miles southwest of the
town of Thompson Falls in the area generally known as ``Mount
Bushnell''.
(14) New mexico.--
(A) Angostura.--Certain land in the eastern half of
the Carson National Forest in the State of New Mexico,
Camino Real Ranger District, totaling approximately
10,000 acres, located in Township 21, Ranges 12 and 13,
known as ``Angostura'', and bounded--
(i) to the northeast, by Highway 518;
(ii) to the southeast, by the Angostura
Creek watershed boundary;
(iii) to the southern side, by Trail 19 and
the Pecos Wilderness; and
(iv) to the west, by the Agua Piedra Creek
watershed.
(B) La manga.--Certain land in the western half of
the Carson National Forest, El Rito Ranger District, in
the State of New Mexico, at the Vallecitos Sustained
Yield Unit, totaling approximately 5,400 acres, known
as ``La Manga'', in Township 27, Range 6, and bounded--
(i) to the north, by the Tierra Amarilla
Land Grant;
(ii) to the south, by Canada Escondida;
(iii) to the west, by the Sustained Yield
Unit boundary and the Tierra Amarilla Land
Grant; and
(iv) to the east, by the Rio Vallecitos.
(C) Elk mountain.--Certain land in the Santa Fe
National Forest in the State of New Mexico, totaling
approximately 7,220 acres, known as ``Elk Mountain''
located in Townships 17 and 18 and Ranges 12 and 13,
and bounded--
(i) to the north, by the Pecos Wilderness;
(ii) to the east, by the Cow Creek
Watershed;
(iii) to the west, by the Cow Creek; and
(iv) to the south, by Rito de la Osha.
(D) Jemez highlands.--Certain land in the Jemez
Ranger District of the Santa Fe National Forest,
totaling approximately 54,400 acres, known as the
``Jemez Highlands'', located primarily in Sandoval
County, in the State of New Mexico.
(15) North carolina.--
(A) Central nantahala cluster, north carolina
areas.--Certain land in the Nantahala National Forest,
Tusquitee, Cheoah, and Wayah Ranger Districts, totaling
approximately 107,000 acres, known as the ``Central
Nantahala Cluster, North Carolina Areas'', comprised of
9 parcels known as Tusquitee Bald, Shooting Creek Bald,
Cheoah Bald, Piercy Bald, Wesser Bald, Tellico Bald,
Split White Oak, Siler Bald, and Southern Nantahala
Extensions, and located near the towns of Murphy,
Franklin, Bryson City, Andrews, and Beechertown, in
Cherokee, Macon, Clay and Swain Counties, in the State
of North Carolina.
(B) Chattooga watershed cluster, north carolina
areas.--Certain land in the Nantahala National Forest,
Highlands Ranger District, totaling approximately 8,000
acres, known as the ``Chattooga Watershed Cluster,
North Carolina Areas'', comprised of the Overflow (Blue
Valley) and Terrapin Mountain parcels, and located 5
miles from the town of Highlands, in Macon and Jackson
Counties, in the State of North Carolina.
(C) Tennessee border cluster, north carolina
areas.--Certain land in the Nantahala National Forest,
Tusquitee and Cheoah Ranger Districts, totaling
approximately 28,000 acres, known as the ``Tennessee
Border Cluster, North Carolina Areas'', comprised of
the 4 parcels known as the Unicoi Mountains, Deaden
Tree, Snowbird, and Joyce Kilmer-Slickrock Extension,
and located near the towns of Murphy and Robbinsville,
in Cherokee and Graham Counties, in the State of North
Carolina.
(D) Bald mountains.--Certain land in the Pisgah
National Forest, French Broad Ranger District, totaling
approximately 13,000 acres known as the ``Bald
Mountains'', located 12 miles northeast of the town of
Hot Springs, in Madison County, in the State of North
Carolina.
(E) Big ivy tract.--Certain land in the Pisgah
National Forest in the State of North Carolina,
totaling approximately 14,000 acres, located
approximately 15 miles west of Mount Mitchell in the
area generally known as the ``Big Ivy Tract''.
(F) Black mountains cluster, north carolina
areas.--Certain land in the Pisgah National Forest,
Toecane and Grandfather Ranger Districts, totaling
approximately 62,000 acres, known as the ``Black
Mountains Cluster, North Carolina Areas'', comprised of
5 parcels known as Craggy Mountains, Black Mountains,
Jarrett Creek, Mackey Mountain, and Woods Mountain, and
located near the towns of Burnsville, Montreat and
Marion, in Buncombe, Yancey and McDowell Counties, in
the State of North Carolina.
(G) Linville cluster.--Certain land in the Pisgah
National Forest, Grandfather District, totaling
approximately 42,000 acres, known as the ``Linville
Cluster'', comprised of 7 parcels known as Dobson Knob,
Linville Gorge Extension, Steels Creek, Sugar Knob,
Harper Creek, Lost Cove and Upper Wilson Creek, and
located near the towns of Marion, Morgantown, Spruce
Pine, Linville, and Blowing Rock, in Burke, McDowell,
Avery and Caldwell Counties, in the State of North
Carolina.
(H) Nolichucky, north carolina area.--Certain land
in the Pisgah National Forest, Toecane Ranger District,
totaling approximately 4,000 acres, known as the
``Nolichucky, North Carolina Area'', located 25 miles
northwest of Burnsville, in Mitchell and Yancey
Counties, in the State of North Carolina.
(I) Pisgah cluster, north carolina areas.--Certain
land in the Pisgah National Forest, Pisgah Ranger
District, totaling approximately 52,000 acres, known as
the ``Pisgah Cluster, North Carolina Areas'', comprised
of 5 parcels known as Shining Rock and Middle Prong
Extensions, Daniel Ridge, Cedar Rock Mountain, South
Mills River, and Laurel Mountain, and located 5 to 12
miles north of the town of Brevard and southwest of the
city of Asheville, in Haywood, Transylvania, and
Henderson Counties, in the State of North Carolina.
(J) Wildcat.--Certain land in the Pisgah National
Forest, French Broad Ranger District, totaling
approximately 6,500 acres, known as ``Wildcat'',
located 20 miles northwest of the town of Canton, in
Haywood County, in the State of North Carolina.
(16) Ohio.--
(A) Archers fork complex.--Certain land in the
Marietta Unit of the Athens Ranger District, in the
Wayne National Forest, in Washington County, in the
State of Ohio, known as ``Archers Fork Complex'',
totaling approximately 18,350 acres, located northeast
of Newport and bounded--
(i) to the northwest, by State Highway 26;
(ii) to the northeast, by State Highway
260;
(iii) to the southeast, by the Ohio River;
and
(iv) to the southwest, by Bear Run and
Danas Creek.
(B) Bluegrass ridge.--Certain land in the Ironton
Ranger District on the Wayne National Forest, in
Lawrence County, in the State of Ohio, known as
``Bluegrass Ridge'', totaling approximately 4,000
acres, located 3 miles east of Etna in Township 4
North, Range 17 West, Sections 19 through 23 and 27
through 30.
(C) Buffalo creek.--Certain land in the Ironton
Ranger District of the Wayne National Forest, Lawrence
County, Ohio, known as ``Buffalo Creek'', totaling
approximately 6500 acres, located 4 miles northwest of
Waterloo in Township 5 North, Ranger 17 West, sections
3 through 10 and 15 through 18.
(D) Lake vesuvius.--Certain land in the Ironton
Ranger District of the Wayne National Forest, in
Lawrence County, in the State of Ohio, totaling
approximately 4,900 acres, generally known as ``Lake
Vesuvius'', located to the east of Etna in Township 2
North, Range 18 West, and bounded--
(i) to the southwest, by State Highway 93;
and
(ii) to the northwest, by State Highway 4.
(E) Morgan sisters.--Certain land in the Ironton
Ranger District of the Wayne National Forest, in
Lawrence County, in the State of Ohio, known as
``Morgan Sisters'', totaling approximately 2,500 acres,
located 1 mile east of Gallia and bounded by State
Highway 233 in Township 6 North, Range 17 West,
sections 13, 14, 23 and 24 and Township 5 North, Range
16 West, sections 18 and 19.
(F) Utah ridge.--Certain land in the Athens Ranger
District of the Wayne National Forest, in Athens
County, in the State of Ohio, known as ``Utah Ridge'',
totaling approximately 9,000 acres, located 1 mile
northwest of Chauncey and bounded--
(i) to the southeast, by State Highway 682
and State Highway 13;
(ii) to the southwest, by US Highway 33 and
State Highway 216; and
(iii) to the north, by State Highway 665.
(G) Wildcat hollow.--Certain land in the Athens
Ranger District of the Wayne National Forest, in Perry
and Morgan Counties, in the State of Ohio, known as
``Wildcat Hollow,'' totaling approximately 4,500 acres,
located 1 mile east of Corning in Township 12 North,
Range 14 West, sections 1, 2, 11-14, 23 and 24 and
Township 8 North, Range 13 West, sections 7, 18, and
19.
(17) Oklahoma: cow creek drainage, oklahoma.--Certain land
in the Ouachita National Forest, Mena Ranger District, in Le
Flore County, in the State of Oklahoma, totaling approximately
3,000 acres, known as ``Cow Creek Drainage, Oklahoma'', and
bounded approximately--
(A) to the west, by the Beech Creek National Scenic
Area;
(B) to the north, by State Highway 63;
(C) to the east, by the Arkansas-Oklahoma border;
and
(D) to the south, by County Road 9038 on the south.
(18) Oregon: applegate wilderness.--Certain land in the
Siskiyou National Forest and Rogue River National Forest in the
State of Oregon, totaling approximately 20,000 acres, and
located approximately 20 miles southwest of the town of Grants
Pass and 10 miles south of the town of Williams, in the area
generally known as the ``Applegate Wilderness''.
(19) South carolina.--
(A) Big shoals, south carolina area.--Certain land
in the Sumter National Forest, Andrew Pickens Ranger
District, in Oconee County, in the State of South
Carolina, totaling approximately 2,000 acres, known as
``Big Shoals, South Carolina Area'', and located 15
miles south of Highlands, North Carolina.
(B) Brasstown creek, south carolina area.--Certain
land in the Sumter National Forest, Andrew Pickens
Ranger District, in Oconee County, in the State of
South Carolina, totaling approximately 3,500 acres,
known as ``Brasstown Creek, South Carolina Area'', and
located approximately 15 miles west of Westminster,
South Carolina.
(C) Chauga.--Certain land in the Sumter National
Forest, Andrew Pickens Ranger District, in Oconee
County, in the State of South Carolina, totaling
approximately 16,000 acres, known as ``Chauga'', and
located approximately 10 miles west of Walhalla, South
Carolina.
(D) Dark bottoms.--Certain land in the Sumter
National Forest, Andrew Pickens Ranger District, in
Oconee County, in the State of South Carolina, totaling
approximately 4,000 acres, known as ``Dark Bottoms'',
and located approximately 10 miles northwest of
Westminster, South Carolina.
(E) Ellicott rock extension, south carolina area.--
Certain land in the Sumter National Forest, Andrew
Pickens Ranger District, in Oconee County, in the State
of South Carolina, totaling approximately 2,000 acres,
known as ``Ellicott Rock Extension, South Carolina
Area'', located approximately 10 miles south of
Cashiers, North Carolina.
(F) Five falls, south carolina area.--Certain land
in the Sumter National Forest, Andrew Pickens Ranger
District, in Oconee County, in the State of South
Carolina, totaling approximately 3,500 acres, known as
``Five Falls, South Carolina Area'', and located
approximately 10 miles southeast of Clayton, Georgia.
(G) Persimmon mountain.--Certain land in the Sumter
National Forest, Andrew Pickens Ranger District, in
Oconee County, in the State of South Carolina, totaling
approximately 7,000 acres, known as ``Persimmon
Mountain'', and located approximately 12 miles south of
Cashiers, North Carolina.
(H) Rock gorge, south carolina area.--Certain land
in the Sumter National Forest, Andrew Pickens Ranger
District, in Oconee County, in the State of South
Carolina, totaling approximately 2,000 acres, known as
``Rock Gorge, South Carolina Area'', and located 12
miles southeast of Highlands, North Carolina.
(I) Tamassee.--Certain land in the Sumter National
Forest, Andrew Pickens Ranger District, in Oconee
County, in the State of South Carolina, totaling
approximately 5,500 acres, known as ``Tamassee'', and
located approximately 10 miles north of Walhalla, South
Carolina.
(J) Thrift's ferry, south carolina area.--Certain
land in the Sumter National Forest, Andrew Pickens
Ranger District, in Oconee County, in the State of
South Carolina, totaling approximately 5,000 acres,
known as ``Thrift's Ferry, South Carolina Area'', and
located 10 miles east of Clayton, Georgia.
(20) South dakota.--
(A) Black fox area.--Certain land in the Black
Hills National Forest in the State of South Dakota,
totaling approximately 12,400 acres, located in the
upper reaches of the Rapid Creek watershed, known as
the ``Black Fox Area'', and roughly bounded--
(i) to the north, by FDR 206;
(ii) to the south, by the steep slopes
north of Forest Road 231; and
(iii) to the west, by a fork of Rapid
Creek.
(B) Breakneck area.--Certain land in the Black
Hills National Forest in the State of South Dakota,
totaling 6,700 acres, located along the northeast edge
of the Black Hills in the vicinity of the Black Hills
National Cemetery and the Bureau of Land Management's
Fort Meade Recreation Area, known as the ``Breakneck
Area'', and generally--
(i) bounded by Forest Roads 139 and 169 on
the north, west, and south; and
(ii) demarcated along the eastern and
western boundaries by the ridge-crests dividing
the watershed.
(C) Norbeck preserve.--Certain land in the Black
Hills National Forest in the State of South Dakota,
totaling approximately 27,766 acres, known as the
``Norbeck Preserve'', and encompassed approximately by
a boundary that, starting at the southeast corner--
(i) runs north along FDR 753 and United
States Highway Alt. 16, then along SD 244 to
the junction of Palmer Creek Road, which serves
generally as a northwest limit;
(ii) heads south from the junction of
Highways 87 and 89;
(iii) runs southeast along Highway 87; and
(iv) runs east back to FDR 753, exclusing a
corridor of private land along FDR 345.
(D) Pilger mountain area.--Certain land in the
Black Hills National Forest in the State of South
Dakota, totaling approximately 12,600 acres, known as
the ``Pilger Mountain Area'', located in the Elk
Mountains on the southwest edge of the Black Hills, and
roughly bounded--
(i) to the east and northeast, by Forest
Roads 318 and 319;
(ii) to the north and northwest, by Road
312; and
(iii) to the southwest, by private land.
(E) Stagebarn canyons.--Certain land in the Black
Hills National Forest in the State of South Dakota,
known as ``Stagebarn Canyons'', totaling approximately
7,300 acres, and located approximately 10 miles west of
Rapid City, South Dakota.
(21) Tennessee.--
(A) Bald mountains cluster, tennessee areas.--
Certain land in the Nolichucky and Unaka Ranger
Districts of the Cherokee National Forest, in Cocke,
Green, Washington and Unicoi Counties, in the State of
Tennessee, totaling approximately 46,133 acres, known
as the ``Bald Mountains Cluster, Tennessee Areas'', and
comprised of the parcels known as Laurel Hollow
Mountain, Devil's Backbone, Laurel Mountain, Walnut
Mountain, Wolf Creek, Meadow Creek Mountain, Brush
Creek Mountain, Paint Creek, Bald Mountain and Sampson
Mountain Extension, located near the towns of Newport,
Hot Springs, Greeneville and Erwin, Tennessee.
(B) Big frog/cohutta cluster.--Certain land in the
Cherokee National Forest, in Polk County, Ocoee,
Hiwassee, and Tennessee Ranger Districts, in the State
of Tennessee, totaling approximately 28,800 acres,
known as the ``Big Frog/Cohutta Cluster'', comprised of
the parcels known as Big Frog Extensions, Little Frog
Extensions, Smith Mountain and Rock Creek, located near
the towns of Copperhill, Ducktown, Turtletown and
Benton, Tennessee.
(C) Citico creek watershed cluster tennessee
areas.--Certain land in the Tellico Ranger District of
the Cherokee National Forest, in Monroe County, in the
State of Tennessee, totaling approximately 14,256
acres, known as the ``Citico Creek Watershed Cluster,
Tennessee Areas'', comprised of the parcels known as
Flats Mountain, Miller Ridge, Cowcamp Ridge and Joyce
Kilmer-Slickrock Extension, and located near the town
of Tellico Plains, in the State of Tennessee.
(D) Iron mountains cluster.--Certain land in the
Cherokee National Forest, Watauga Ranger District,
totaling approximately 58,090 acres, known as the
``Iron Mountains Cluster'', comprised of 8 parcels
known as Big Laurel Branch Addition, Hickory Flat
Branch, Flint Mill, Lower Iron Mountain, Upper Iron
Mountain, London Bridge, Beaverdam Creek, and Rodgers Ridge, located
near the towns of Bristol and Elizabethton, in Sullivan and Johnson
Counties, in the State of Tennessee.
(E) Northern unicoi mountains cluster.--Certain
land in the Tellico Ranger District of the Cherokee
National Forest, in Monroe County, in the State of
Tennessee, totaling approximately 30,453 acres, known
as the ``Northern Unicoi Mountain Cluster'', comprised
of the parcels known as Bald River Gorge Extension,
Upper Bald River, Sycamore Creek and Brushy Ridge, and
located near the town of Tellico Plains, Tennessee.
(F) Roan mountain cluster.--Certain land in the
Cherokee National Forest, Unaka and Watauga Ranger
Districts, totaling approximately 23,725 acres known as
the ``Roan Mountain Cluster'', comprised of the 7
parcels known as Strawberry Mountain, Highlands of
Roan, Ripshin Ridge, Doe River Gorge Scenic Area, White
Rocks Mountain, Slide Hollow and Watauga Reserve, and
located approximately 8 to 20 miles south of the town
of Elizabethton, in Unicoi, Carter and Johnson
Counties, in the State of Tennessee.
(G) Southern unicoi mountains cluster.--Certain
land in the Hiwassee Ranger District of the Cherokee
National Forest, in Polk, Monroe, and McMinn Counties,
in the State of Tennessee, totaling approximately
11,251 acres, known as the ``Southern Unicoi Mountains
Cluster'', comprised of the parcels known as Gee Creek
Extension, Coker Creek and Buck Bald, and located near
the towns Etowah, Benton and Turtletown, Tennessee.
(H) Unaka mountains cluster, tennessee areas.--
Certain land in the Cherokee National Forest, Unaka
Ranger District, totaling approximately 15,669 acres,
known as the ``Unaka Mountains Cluster, Tennessee
Areas'', comprised of the Nolichucky, Unaka Mountain
Extension and Stone Mountain parcels and located
approximately 8 miles from Erwin, in Unicoi and Carter
Counties, in the State of Tennessee.
(22) Texas: longleaf ridge.--Certain land in the Angelina
National Forest, Jasper and Angelina Counties, Texas, totaling
approximately 30,000 acres, generally known as ``Longleaf
Ridge'', and bounded--
(A) to the west, by Upland Island Wilderness Area;
(B) to the south, by the Neches River; and
(C) to the northeast, by Sam Rayburn Reservoir.
(23) Vermont.--
(A) Glastenbury area.--Certain land in the Green
Mountain National Forest, in the State of Vermont,
totaling approximately 35,000 acres, located 3 miles
northeast of Bennington, generally known as the
``Glastenbury Area'', and bounded--
(i) to the north, by Kelly Stand Road;
(ii) to the east, by Forest Road 71;
(iii) to the south, by Route 9; and
(iv) to the west, by Route 7.
(B) Lamb brook.--Certain land in the Green Mountain
National Forest, in the State of Vermont, totaling
approximately 5,500 acres, located 3 miles southwest of
Wilmington, generally known as ``Lamb Brook'', and
bounded--
(i) to the west, by Route 8;
(ii) to the south, by Route 100;
(iii) to the north, by Route 9; and
(iv) to the east, by land owned by New
England Power Company.
(C) Robert frost mountain area.--Certain land in
the Green Mountain National Forest, in the State of
Vermont, totaling approximately 8,500 acres, known as
``Robert Frost Mountain Area'', located northeast of
Middlebury, consisting of the Forest Service land
bounded--
(i) to the west, by Route 116;
(ii) to the north, by Bristol Notch Road;
(iii) to the east, by Lincoln/Ripton Road;
and
(iv) to the south, by Route 125.
(24) Virginia.--
(A) Bear creek.--Certain land in the Jefferson
National Forest, Wythe Ranger District, known as ``Bear
Creek'', and located north of Rural Retreat, in Smyth
and Wythe Counties, in the State of Virginia.
(B) Cave springs.--Certain land in the Jefferson
National Forest, Clinch Ranger District, totaling
approximately 3,000 acres, known as ``Cave Springs'',
and located between State Route 621 and the North Fork of the Powell
River, in Lee County, in the State of Virginia.
(C) Dismal creek.--Certain land totaling
approximately 6,000 acres, in the Jefferson National
Forest, Blacksburg Ranger District, known as ``Dismal
Creek'', and located north of State Route 42, in Giles
and Bland Counties, in the State of Virginia.
(D) Stone coal creek.--Certain land in the
Jefferson National Forest, New Castle Ranger District,
totaling approximately 2,000 acres, known as ``Stone
Coal Creek'', and located in Craig and Botentourt
Counties, in the State of Virginia.
(E) White oak ridge: terrapin mountain.--Certain
land in the Glenwood Ranger District of the Jefferson
National Forest, known as ``White Oak Ridge--Terrapin
Mountain'', totaling approximately 8,000 acres, and
located east of the Blue Ridge Parkway, in Botentourt
and Rockbridge Counties, in the State of Virginia.
(F) Whitetop mountain.--Certain land in the
Jefferson National Forest, Mt. Rodgers Recreation Area,
totaling 3,500 acres, known as ``Whitetop Mountain'',
and located in Washington, Smyth and Grayson Counties,
in the State of Virginia.
(G) Wilson mountain.--Certain land known as
``Wilson Mountain'', in the Jefferson National Forest,
Glenwood Ranger District, totaling approximately 5,100
acres, and located east of Interstate 81, in Botentourt
and Rockbridge Counties, in the State of Virginia.
(H) Feathercamp.--Certain land located in the Mt.
Rodgers Recreation Area of the Jefferson National
Forest, totaling 4,974 acres, known as ``Feathercamp'',
located northeast of the town of Damascus and north of
State Route 58 on the Feathercamp ridge, in Washington
County, in the State of Virginia.
(25) Wisconsin.--
(A) Flynn lake.--Certain land in the Chequamegon
National Forest, Washburn Ranger District, totaling
approximately 5,700 acres, known as ``Flynn Lake'', and
located in the Flynn Lake semi-primitive non-motorized
area, in Bayfield County, in the State of Wisconsin.
(B) Ghost lake cluster.--Certain land in the
Chequamegon National Forest, Great Divide Ranger
District, totaling approximately 6,000 acres, known as
``Ghost Lake Cluster'', including parcels known as
Ghost Lake, Perch Lake, Lower Teal River, Foo Lake, and
Bulldog Springs, and located in Sawyer County, in the
State of Wisconsin.
(C) Lake owens cluster.--Certain land in the
Chequamegon National Forest, Great Divide and Washburn
Ranger Districts, totaling approximately 3,600 acres,
known as ``Lake Owens Cluster'', including parcels
known as or near Lake Owens, Sage, Hidden, and Deer
Lick Lakes, Eighteenmile Creek, and Northeast and
Sugarbush Lakes, and located in Bayfield County, in the
State of Wisconsin.
(D) Medford cluster.--Certain land in the
Chequamegon National Forest, Medford-Park Falls Ranger
District, totaling approximately 23,000 acres, known as
the ``Medford Cluster'', including parcels known as
County E Hardwoods, Silver Creek/Mondeaux River
Bottoms, Lost Lake Esker, North and South Fork Yellow
Rivers, Bear Creek, Brush Creek, Chequamegon Waters,
John's and Joseph Creeks, Hay Creek Pine-Flatwoods, 558
Hardwoods, Richter Lake, and Lower Yellow River, and
located in Taylor County, in the State of Wisconsin.
(E) Park falls cluster.--Certain land in the
Chequamegon National Forest, Medford-Park Falls Ranger
District, totaling approximately 23,000 acres, known as
``Park Falls Cluster'', including parcels known as
Sixteen Lakes, Chippewa Trail, Tucker and Amik Lakes,
Lower Rice Creek, Doering Tract, Foulds Creek, Bootjack
Conifers, Pond, Mud and Riley Lake Peatlands, Little
Willow Drumlin, and Elk River, and located in Price and
Vilas Counties, in the State of Wisconsin.
(F) Penokee mountain cluster.--Certain land in the
Chequamegon National Forest, Great Divide Ranger
District, totaling approximately 23,000 acres, known as
``Penokee Mountain Cluster'', including parcels known
as or near St. Peters Dome, Brunsweiler River Gorge,
Lake Three, Marengo River and Brunsweiler River semi-
primitive non-motorized areas, Hell Hole Creek, and the
North Country Trail Hardwoods, and located in Ashland
and Bayfield Counties, in the State of Wisconsin.
(G) Southeast great divide cluster.--Certain land
in the Chequamegon National Forest, Medford Park Falls
Ranger District, totaling approximately 25,000 acres,
known as the ``Southeast Great Divide Cluster'',
including parcels known as or near Snoose Lake, Cub
Lake, Springbrook Hardwoods, upper Moose River, East
Fork Chippewa River, upper Torch River, Venison Creek,
upper Brunet River, Bear Lake Slough, and Noname Lake,
and located in Ashland and Sawyer Counties, in the
State of Wisconsin.
(H) Diamond roof cluster.--Certain land in the
Nicolet National Forest, Lakewood-Laona Ranger
District, totaling approximately 6,000 acres, known as
``Diamond Roof Cluster'', including parcels known as
McCaslin Creek, Ada Lake, Section 10 Lake, and Diamond
Roof, and located in Forest, Langlade and Oconto
Counties, in the State of Wisconsin.
(I) Argonne forest cluster.--Certain land in the
Nicolet National Forest, Eagle River-Florence Ranger
District, totaling approximately 12,000 acres, known as
``Argonne Forest Cluster'', including parcels known as
Argonne Experimental Forest, Scott Creek, Atkins Lake,
and Island Swamp, and located in Forest County, in the
State of Wisconsin.
(J) Bonita grade.--Certain land in the Nicolet
National Forest, Lakewood-Laona Ranger District,
totaling approximately 1,200 acres, known as ``Bonita
Grade'', including parcels near Mountain Lakes, Temple
Lake, and Second South Branch, First South Branch, and
South Branch Oconto River, and located in Langlade
County, in the State of Wisconsin.
(K) Franklin and butternut lakes cluster.--Certain
land in the Nicolet National Forest, Eagle River-
Florence Ranger District, totaling approximately 12,000
acres, known as ``Franklin and Butternut Lakes
Cluster'', including parcels known as Bose Lake
Hemlocks, Luna White Deer, Echo Lake, Franklin and
Butternut Lakes, Wolf Lake, Upper Ninemile, Meadow, and
Bailey Creeks, and located in Forest and Onieda
Counties, in the State of Wisconsin.
(L) Lauterman lake and kieper creek.--Certain land
in the Nicolet National Forest, Eagle River-Florence
Ranger District, totaling approximately 2,500 acres,
known as ``Lauterman Lake and Kieper Creek'', and
located in Florence County, in the State of Wisconsin.
(26) Wyoming: sand creek area.--
(A) In general.--Certain land in the Black Hills
National Forest, totaling approximately 8,300 acres
known as the ``Sand Creek area'', located in Crook
County, in the State of Wyoming, and situated in the
far northwest corner of the Black Hills.
(B) Boundary.--Beginning in the northwest corner
and proceeding counterclockwise, the boundary for the
Sand Creek Area roughly follows--
(i) forest Roads 863, 866, 866.1B;
(ii) a line linking forest roads 866.1B and
802.1B;
(iii) forest road 802.1B;
(iv) forest road 802.1;
(v) an unnamed road;
(vi) Spotted Tail Creek (excluding all
private land);
(vii) forest road 829.1;
(viii) a line connecting forest roads 829.1
and 864;
(ix) forest road 852.1; and
(x) a line connecting forest roads 852.1
and 863.
(d) Committee of Scientists.--
(1) Establishment.--The Secretaries concerned shall appoint
a committee consisting of scientists who--
(A) are not officers or employees of the Federal
Government;
(B) are not officers or employees of any entity
engaged in whole or in part in the production of wood
or wood products; and
(C) have not contracted with or represented any
entity described in subparagraph (A) or (B) in a period
beginning 5 years before the date on which the
scientist is appointed to the committee.
(2) Recommendations for additional special areas.--Not
later than 2 years of the date of the enactment of this Act,
the committee shall provide Congress with recommendations for
additional special areas.
(3) Candidate areas.--
(A) In general.--Candidate areas for recommendation
as additional special area shall have outstanding
biological values that are exemplary on a regional,
national, and international level, including the
presence of--
(i) threatened or endangered species of
plants or animals;
(ii) rare or endangered ecosystems;
(iii) key habitats necessary for the
recovery of endangered or threatened species;
(iv) recovery or restoration areas of rare
or underrepresented forest ecosystems;
(v) migration corridors;
(vi) areas of outstanding biodiversity;
(vii) old growth forests;
(viii) commercial fisheries; and
(ix) sources of clean water such as key
watersheds.
(4) Governing principle--The committee shall adhere to the
principles of conservation biology in identifying special areas
based on biological values.
SEC. 204. RESTRICTIONS ON MANAGEMENT ACTIVITIES IN ANCIENT FORESTS,
ROADLESS AREAS, WATERSHED PROTECTION AREAS, SPECIAL
AREAS, AND FEDERAL BOUNDARY AREAS.
(a) Restriction of Management Activities.--On Federal land located
in ancient forests, roadless areas (except military installations),
watershed protection areas (except military installations), special
areas, and Federal boundary areas--
(1) no roads shall be constructed or reconstructed;
(2) no extractive logging shall be permitted; and
(3) no improvements for the purpose of extractive logging
shall be permitted.
(b) Maintenance of Existing Roads.--
(1) In general.--Except as provided in paragraph (2), the
restrictions described in subsection (a) shall not prohibit the
maintenance of an improved road, or any road accessing private
inholdings.
(2) Abandoned roads.--Any road that the Secretary concerned
determines to have been abandoned before the date of enactment
of this Act shall not be maintained or reconstructed.
(c) Enforcement.--
(1) Federal enforcement.--The Secretary concerned and the
Attorney General of the United States shall enforce this
section against any person that violates this section.
(2) Citizen suits.--
(A) In general.--A citizen harmed by a violation of
this section may enforce this section by bringing an
action for a declaratory judgment, a temporary
restraining order, an injunction, statutory damages, or
other remedy against any alleged violator, including
the United States, in any district court of the United
States.
(B) Judicial relief.--If a district court of the
United States determines that a violation of this
section has occurred, the district court--
(i) shall impose a damage award of not less
than $5,000;
(ii) may issue 1 or more injunctions or
other forms of equitable relief; and
(iii) shall award to each prevailing party
the reasonable costs of bringing the action,
including attorney's fees, witness fees, and
other necessary expenses.
(C) Standard of proof.--The standard of proof in
all actions under this paragraph shall be the
preponderance of the evidence.
(D) Trial.--A trial for any action under this
section shall be de novo.
(E) Payment of damages.--
(i) Non-federal violator.--A damage award
under subparagraph (B)(i) shall be paid by a
non-Federal violator or violators designated by
the court to the Treasury.
(ii) Federal violator.--
(I) In general.--Not later than 40
days after the date on which judgment
is rendered, a damage award under
subparagraph (B)(i) for which the
United States is determined to be
liable shall be paid from the Treasury,
as provided under section 1304 of title
31, United States Code, to the person
or persons designated to receive the
damage award.
(II) Use of damage award.--A damage
award described under subclause (I)
shall be used by the recipient to
protect or restore native biodiversity
on Federal land or on land adjoining
Federal land.
(III) Court costs.--Any award of
costs of litigation and any award of
attorney fees shall be paid by a
Federal violator not later than 40 days
after the date on which judgment is
rendered.
(3) Waiver of sovereign immunity.--
(A) In general.--The United States (including
agents and employees of the United States) waives its
sovereign immunity in all respects in all actions under
this section.
(B) Notice.--No notice is required to enforce this
subsection.
TITLE III--EFFECTIVE DATE
SEC. 301. IN GENERAL.
This Act and the amendments made by this Act take effect on the
date of enactment of this Act.
SEC. 302. EFFECT ON EXISTING CONTRACTS.
This Act and the amendments made by this Act shall not apply to any
contract for the sale of timber that was entered into on or before the
date of enactment of this Act.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S8510-8511)
Read twice and referred to the Committee on Energy and Natural Resources.
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