Act to Save America's Forests - Amends the Forest and Rangeland Renewable Resources Planning Act of 1974 to revise eligibility criteria for members of the land and resource management scientific committee. Revises the committee termination date.
Directs the Chief of the Forest Service, the Director of the U.S. Fish and Wildlife Service, and the Director of the Bureau of Land Management to each prepare a continuous inventory of forest land administered by each agency head and to document whole-system measures that will be taken as a result of the inventory.
Requires the Secretary of Agriculture to provide for conservation and restoration of native biodiversity in forested areas.
Prohibits clearcutting or other even-age logging operations on any stand or watershed on certain federal land, National Forest System land, and National Wildlife Refuge System land. Provides for federal enforcement and a private right of action.
Designates special areas which shall be subject to restrictions on road construction and logging in Alabama, Alaska, Arizona, Arkansas, Colorado, Georgia, Idaho, Illinois, Michigan, Minnesota, Missouri, Montana, New Mexico, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, Wisconsin, and Wyoming.
Requires the Secretaries concerned to appoint a committee of independent scientists to recommend additional special areas.
Restricts road construction and logging on federal land in ancient forests, special areas, roadless areas, and watershed protection areas. Provides for federal enforcement and a private right of action.
States that this Act and the amendments made by this Act shall not apply to federal wilderness areas designated under the Wilderness Act.
Adds specified land to the Giant Sequoia National Monument. Transfers administrative jurisdiction over the Monument from the Secretary to the Secretary of the Interior. Establishes the Giant Sequoia National Monument Advisory Board.
Adds specified parts of Sequoia National Forest that are not included in the Monument to: (1) Sierra National Forest; and (2) Inyo National Forest.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6237 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 6237
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, and special areas where logging and other intrusive
activities are prohibited.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 28, 2006
Ms. Eshoo (for herself, Mrs. Maloney, Mr. Ackerman, Mr. Andrews, Ms.
Baldwin, Ms. Berkley, Mr. Bishop of New York, Ms. Corrine Brown of
Florida, Mr. Brown of Ohio, Mrs. Capps, Mr. Capuano, Ms. Carson, Mrs.
Christensen, Mr. Clay, Mr. Clyburn, Mr. Conyers, Mr. Crowley, Mr.
Cummings, Mr. Davis of Illinois, Mrs. Davis of California, Ms. DeLauro,
Mr. Emanuel, Mr. Engel, Mr. Evans, Mr. Farr, Mr. Filner, Mr. Frank of
Massachusetts, Mr. Grijalva, Mr. Gutierrez, Mr. Hastings of Florida,
Mr. Hinchey, Mr. Holt, Mr. Honda, Mr. Israel, Ms. Jackson-Lee of Texas,
Ms. Eddie Bernice Johnson of Texas, Mr. Kennedy of Rhode Island, Mr.
Kucinich, Mr. Langevin, Mr. Lantos, Mr. Larson of Connecticut, Ms. Lee,
Mr. Lewis of Georgia, Mr. Lipinski, Ms. Zoe Lofgren of California, Mr.
Lynch, Mrs. McCarthy, Ms. McCollum of Minnesota, Mr. McDermott, Mr.
McGovern, Mr. McNulty, Mr. Meehan, Mr. Meeks of New York, Mr. Miller of
North Carolina, Mr. George Miller of California, Mr. Moore of Kansas,
Mr. Moran of Virginia, Mr. Nadler, Mrs. Napolitano, Ms. Norton, Mr.
Olver, Mr. Owens, Mr. Pallone, Mr. Payne, Mr. Rangel, Mr. Rothman, Mr.
Rush, Mr. Schiff, Ms. Schwartz of Pennsylvania, Mr. Serrano, Mr. Shays,
Ms. Slaughter, Ms. Solis, Mr. Stark, Mrs. Tauscher, Mr. Tierney, Mr.
Towns, Mr. Van Hollen, Mr. Waxman, Mr. Wexler, Ms. Woolsey, Mr. Wynn,
and Mr. Weiner) introduced the following bill; which was referred to
the Committee on Resources, and in addition to the Committee on
Agriculture, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
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, and special 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. Continuous forest inventory
Sec. 103. Administration and management
Sec. 104. Conforming amendments
TITLE II--PROTECTION FOR ANCIENT FORESTS, ROADLESS AREAS, WATERSHED
PROTECTION AREAS, AND SPECIAL 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,
and special areas
TITLE III--EFFECTIVE DATE
Sec. 301. Effective date
Sec. 302. Effect on existing contracts
Sec. 303. Wilderness Act exclusion
TITLE IV--GIANT SEQUOIA NATIONAL MONUMENT
Sec. 401. Findings
Sec. 402. Definitions
Sec. 403. Additions to Giant Sequoia National Monument
Sec. 404. Transfer of administrative jurisdiction over the Giant
Sequoia National Monument
Sec. 405. Additions to the Sierra National Forest and Inyo National
Forest
Sec. 406. Authorization of appropriations
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) Federal agencies that permit clearcutting and other
forms of even-age logging operations include the Forest
Service, the United States Fish and Wildlife Service, and the
Bureau of Land Management;
(2) clearcutting and other forms of even-age logging
operations cause 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) clearcutting and other forms of even-age logging
operations--
(A) frequently lead to the death of immobile
species and the very young of mobile species of
wildlife; and
(B) deplete the habitat of deep-forest species of
animals, including endangered species and threatened
species;
(4)(A) clearcutting and other forms of even-age logging
operations--
(i) expose the soil to direct sunlight and the
impact of precipitation;
(ii) disrupt the soil surface;
(iii) compact organic layers; and
(iv) disrupt 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; and
(B) all of the consequences described in subparagraph (A)
have a long-range deleterious effect on all land resources,
including timber production;
(5) clearcutting and other forms of even-age logging
operations aggravate global climate change 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;
(6) clearcutting and other forms of even-age logging
operations render soil increasingly sensitive to acid deposits
by causing a decline of soil wood and coarse woody debris;
(7) 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;
(8) clearcutting and other forms of even-age logging
operations result 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;
(9) clearcutting and other forms of even-age management of
Federal forests disrupt natural disturbance regimes that are
critical to ecosystem function;
(10) clearcutting and other forms of even-age logging
operations increase harmful edge effects, including--
(A) blowdowns;
(B) invasions by weed species; and
(C) heavier losses to predators and competitors;
(11) by reducing the number of deep, canopied, variegated,
permanent forests, clearcutting and other forms of even-age
logging operations--
(A) limit areas where the public can satisfy an
expanding need for recreation; and
(B) decrease the recreational value of land;
(12) clearcutting and other forms of even-age logging
operations replace 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) because of the harmful and, in many cases,
irreversible, damage to forest species and forest ecosystems
caused by logging of Ancient and roadless forests,
clearcutting, and other forms of even-age management, it is
important that these practices be halted based on the
precautionary principle;
(14) human beings depend on native biological resources,
including plants, animals, and micro-organisms--
(A) for food, medicine, shelter, and other
important products; and
(B) as a source of intellectual and scientific
knowledge, recreation, and aesthetic pleasure;
(15) alteration of native biodiversity has serious
consequences for human welfare, as the United States
irretrievably loses resources for research and agricultural,
medicinal, and industrial development;
(16) alteration of biodiversity in Federal forests
adversely affects the functions of ecosystems and critical
ecosystem processes that--
(A) moderate climate;
(B) govern nutrient cycles and soil conservation
and production;
(C) control pests and diseases; and
(D) degrade wastes and pollutants;
(17)(A) clearcutting and other forms of even-age management
operations have significant deleterious effects on native
biodiversity, by reducing habitat and food for cavity-nesting
birds and insectivores such as the 3-toed woodpecker and hairy
woodpecker and for neotropical migratory bird species; and
(B) the reduction in habitat and food supply could disrupt
the lines of dependency among species and their food resources
and thereby jeopardize critical ecosystem function, including
limiting outbreaks of destructive insect populations; for
example--
(i) the 3-toed woodpecker requires clumped snags in
spruce-fir forests, and 99 percent of its winter diet
is composed of insects, primarily spruce beetles; and
(ii) a 3-toed woodpecker can consume as much as 26
percent of the brood of an endemic population of spruce
bark beetle and reduce brood survival of the population
by 70 to 79 percent;
(18) the harm of clearcutting and other forms of even-age
logging operations 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;
(19) by substituting selection management, as required by
this Act, for clearcutting and other forms of even-age logging
operations, the Federal agencies involved with those logging
operations would substantially reduce devastation to the
environment and improve the quality of life of the people of
the United States;
(20) selection management--
(A) retains natural forest structure and function;
(B) focuses on long-term rather than short-term
management;
(C) works with, rather than against, the checks and
balances inherent in natural processes; and
(D) permits the normal, natural processes in a
forest to allow the forest to go through the natural
stages of succession to develop a forest with old
growth ecological functions;
(21) by protecting native biodiversity, as required by this
Act, Federal agencies would maintain vital native ecosystems
and improve the quality of life of the people of the United
States;
(22) selection logging--
(A) is more job intensive, and therefore provides
more employment than clearcutting and other forms of
even-age logging operations to manage the same quantity
of timber production; and
(B) produces higher quality sawlogs than
clearcutting and other forms of even-age logging
operations; and
(23) the judicial 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) Purpose.--The purpose of this Act is to conserve native
biodiversity and protect all native ecosystems on all Federal land
against losses that result from--
(1) clearcutting and other forms of even-age logging
operations; and
(2) logging in Ancient forests, roadless areas, watershed
protection areas, and special 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--
``(A) who 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;
``(B) not more than one-third of whom have
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; and
``(C) not more than one-third of whom are
foresters.
``(2) Qualifications of foresters.--A forester appointed to
the committee shall be an individual with--
``(A) extensive training in conservation biology;
and
``(B) field experience in selection management.
``(3) 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.
``(4) 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. CONTINUOUS FOREST INVENTORY.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, each of the Chief of the Forest Service, the Director of
the United States Fish and Wildlife Service, and the Director of the
Bureau of Land Management (referred to individually as an ``agency
head'') shall prepare a continuous inventory of forest land
administered by those agency heads, respectively.
(b) Requirements.--A continuous forest inventory shall constitute a
long-term monitoring and inventory system that--
(1) is contiguous throughout affected Federal forest land;
and
(2) is based on a set of permanent plots that are
inventoried every 10 years to--
(A) assess the impacts that human activities are
having on management of the ecosystem;
(B) gauge--
(i) floristic and faunistic diversity,
abundance, and dominance; and
(ii) economic and social value; and
(C) monitor changes in the age, structure, and
diversity of species of trees and other vegetation.
(c) Decennial Inventories.--Each decennial inventory under
subsection (b)(2) shall be completed not more than 60 days after the
date on which the inventory is begun.
(d) National Academy of Sciences.--In preparing a continuous forest
inventory, an agency head may use the services of the National Academy
of Sciences to--
(1) develop a system for the continuous forest inventory by
which certain guilds or indicator species are measured; and
(2) identify any changes to the continuous forest inventory
that are necessary to ensure that the continuous forest
inventory is consistent with the most accurate scientific
methods.
(e) Whole-System Measures.--At the end of each forest planning
period, an agency head shall document whole-system measures that will
be taken as a result of a decennial inventory.
(f) Public Availability.--Results of a continuous forest inventory
shall be made available to the public without charge.
SEC. 103. ADMINISTRATION AND MANAGEMENT.
The Forest and Rangeland Renewable Resources Planning Act of 1974
is amended by adding after section 6 (16 U.S.C. 1604) the following:
``SEC. 6A. CONSERVATION OF NATIVE BIODIVERSITY; SELECTION LOGGING;
PROHIBITION OF CLEARCUTTING.
``(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.); and
``(3) National Wildlife Refuge System land, under the
National Wildlife Refuge System Administration Act of 1966 (16
U.S.C. 668dd et seq.).
``(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 considerable portion of a stand at 1 time.
``(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 a logging activity
that--
``(I) creates a clearing or opening
that exceeds \1/5\ acre;
``(II) creates a stand in which the
majority of trees are within 10 years
of the same age; or
``(III) within a period of 30
years, cuts or removes more than the
lesser of--
``(aa) the growth of the
basal area of all tree species
(not including a tree of a non-
native invasive tree species or
an invasive plantation species)
in a stand; or
``(bb) 20 percent of the
basal area of a stand.
``(ii) Inclusion.--The term `even-age
logging operation' includes the application of
clearcutting, high grading, seed-tree cutting,
shelterwood cutting, or any other logging
method in a manner inconsistent with selection
management.
``(iii) Exclusion.--The term `even-age
logging operation' does not include the cutting
or removal of--
``(I) a tree of a non-native
invasive tree species; or
``(II) an invasive plantation
species, if native longleaf pine are
planted in place of the removed
invasive plantation species.
``(F) Genetic diversity.--The term `genetic
diversity' means the differences in genetic composition
within and among populations of a species.
``(G) High grading.--The term `high grading' means
the removal of only the larger or more commercially
valuable trees in a stand, resulting in an alteration
in the natural range of age diversity or species
diversity in the stand.
``(H) Invasive plantation species.--The term
`invasive plantation species' means a loblolly pine or
slash pine that was planted or managed by the Forest
Service or any other Federal agency as part of an even-
aged monoculture tree plantation.
``(I) 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 (including naturally occurring
disturbance regimes) 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 discrete area, such
as a watershed;
``(V) along a vertical plane from
ground to sky, including application of
the plane to all the other types of
diversity; and
``(VI) along the horizontal plane
of the land surface, including
application of the plane to all the
other types of diversity.
``(J) Non-native invasive tree species.--
``(i) In general.--The term `non-native
invasive tree species' means a species of tree
not native to North America.
``(ii) Inclusions.--The term `non-native
invasive tree species' includes--
``(I) Australian pine (Casaurina
equisetifolia);
``(II) Brazilian pepper (Schinus
terebinthifolius);
``(III) Common buckthorn (Rhamnus
cathartica);
``(IV) Eucalyptus (Eucalyptus
globulus);
``(V) Glossy buckthorn (Rhamnus
frangula);
``(VI) Melaleuca (Melaleuca
quinquenervia);
``(VII) Norway maple (Acer
platanoides);
``(VIII) Princess tree (Paulownia
tomentosa);
``(IX) Salt cedar (Tamarix
species);
``(X) Silk tree (Albizia
julibrissin);
``(XI) Strawberry guava (Psidium
cattleianum);
``(XII) Tree-of-heaven (Ailanthus
altissima);
``(XIII) Velvet tree (Miconia
calvescens); and
``(XIV) White poplar (Populus
alba).
``(K) 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.
``(L) Selection management.--
``(i) In general.--The term `selection
management' means a method of logging that
emphasizes the periodic, individual selection
and removal of varying size and age classes of
the weaker, nondominant cull trees in a stand
and leaves uncut the stronger dominant trees to
survive and reproduce, in a manner that works
with natural forest processes and--
``(I) ensures the maintenance of
continuous high forest cover where high
forest cover naturally occurs;
``(II) ensures the maintenance or
natural regeneration of all native
species in a stand;
``(III) ensures the growth and
development of trees through a range of
diameter or age classes to provide a
sustained yield of forest products
including clean water, rich soil, and
native plants and wildlife; and
``(IV) ensures that some dead
trees, standing and downed, shall be
left in each stand where selection
logging occurs, to fulfill their
necessary ecological functions in the
forest ecosystem, including providing
elemental and organic nutrients to the
soil, water retention, and habitat for
endemic insect species that provide the
primary food source for predators
(including various species of
amphibians and birds, such as cavity
nesting woodpeckers).
``(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.
``(M) 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.
``(N) Species diversity.--The term `species
diversity' means the richness and variety of native
species in a particular location.
``(O) Stand.--The term `stand' means a biological
community of trees on land described in subsection (a),
comprised of not more than 100 contiguous acres with
sufficient identity of 1 or more characteristics
(including location, topography, and dominant species)
to be managed as a unit.
``(P) Timber purpose.--
``(i) In general.--The term `timber
purpose' means the use, sale, lease, or
distribution of trees, including the felling of
trees or portions of trees.
``(ii) Exception.--The term `timber
purpose' does not include the felling of trees
or portions of trees to create land space for a
Federal administrative structure.
``(Q) Within-community diversity.--The term
`within-community diversity' means the distinctive
assemblages of species and ecological processes that
occur in various physical settings of the biosphere and
distinct locations.
``(2) Prohibition of clearcutting and other forms of even-
age logging operations.--No clearcutting or other form of even-
age logging operation shall be permitted in any stand or
watershed.
``(3) Management of native biodiversity.--On each stand on
which an even-age logging operation has been conducted on or
before the date of enactment of this section, and on each
deforested area managed for timber purposes on or before the
date of enactment of this section, excluding areas occupied by
existing buildings, 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) Finding.--Congress finds that all people of
the United States are injured by actions on land to
which subsection (g)(3)(B) and this subsection applies.
``(B) Purpose.--The purpose of this paragraph is to
foster the widest and most effective possible
enforcement of subsection (g)(3)(B) and this
subsection.
``(C) Federal enforcement.--The Secretary of
Agriculture, the Secretary of the Interior, and the
Attorney General shall enforce subsection (g)(3)(B) and
this subsection against any person that violates 1 or
more of those provisions.
``(D) Citizen suits.--
``(i) In general.--A citizen harmed by a
violation of subsection (g)(3)(B) or this
subsection may bring a civil action in United
States district court for a declaratory
judgment, a temporary restraining order, an
injunction, statutory damages, or other remedy
against any alleged violator, including 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 the
plaintiffs 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.
``(E) Payment of damages.--
``(i) Non-federal violator.--A damage award
under subparagraph (D)(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 (D)(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. 104. 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, AND SPECIAL 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; and
(20) 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, and special areas of the
United States.
SEC. 202. DEFINITIONS.
In this title:
(1) Ancient forest.--The term ``Ancient forest'' means--
(A) the northwest Ancient forests, 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 forests,
including--
(i) Federal land identified as ``Late-
Succession/Old-growth Forest (LS/OG)'' depicted
on maps for the Colville National Forest,
Fremont National Forest, Malheur National
Forest, Ochoco National Forest, Umatilla
National Forest, Wallowa-Whitman National
Forest, and Winema National Forest 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 forests, 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 Volume II of
the report described in clause (i).
(2) Extractive logging.--The term ``extractive logging''
means the felling or removal of any trees from Federal forest
land for any purpose.
(3) Improved road.--The term ``improved road'' means any
road maintained for travel by standard passenger type vehicles.
(4) 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 (with 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.
(5) Secretary.--The term ``Secretary'', with respect to any
Federal land in an Ancient forest, roadless area, watershed
protection area, or special area, means the head of the Federal
agency having jurisdiction over the Federal land.
(6) Special area.--The term ``special area'' means an area
of Federal forest land designated under section 3 that may not
meet the definition of an Ancient forest, roadless area, or
watershed protection area, but that--
(A) possesses outstanding biological, scenic,
recreational, or cultural values; and
(B) is exemplary on a regional, national, or
international level.
(7) 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.--
(A) Sipsey wilderness headwaters.--Certain land in
the Bankhead National Forest, Bankhead Ranger District,
in Lawrence County, totaling approximately 22,000
acres, located directly north and upstream of the
Sipsey Wilderness, and directly south of Forest Road
213.
(B) Brushy fork.--Certain land in the Bankhead
National Forest, Bankhead Ranger District, in Lawrence
County, totaling approximately 6,200 acres, bounded by
Forest Roads 249, 254, and 246 and Alabama Highway 33.
(C) Rebecca mountain.--Certain land in the
Talladega National Forest, Talladega Ranger District,
Talladega County and Clay County, totaling
approximately 9,000 acres, comprised of all Talladega
National Forest lands south of Forest Roads 621 and 621
B, east of Alabama Highway 48/77 and County Highway
308, and north of the power transmission line.
(D) Augusta mine ridge.--Certain land in the
Talladega National Forest, Shoal Creek Ranger District,
Cherokee County and Cleburn County, totaling
approximately 6,000 acres, and comprised of all
Talladega National Forest land north of the Chief
Ladiga Rail Trail.
(E) Mayfield creek.--Certain land in the Talladega
National Forest, Oakmulgee Ranger District, in Rail
County, totaling approximately 4,000 acres, and bounded
by Forest Roads 731, 723, 718, and 718A.
(F) Bear bay.--Certain land in the Conecuh National
Forest, Conecuh District, in Covington County, totaling
approximately 3,000 acres, bounded by County Road 11,
Forest Road 305, County Road 3, and the County Road
connecting County Roads 3 and 11.
(2) Alaska.--
(A) Turnagain arm.--Certain land in the Chugach
National Forest, on the Kenai Peninsula, 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, 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 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, totaling approximately 7,000 acres, known
as ``Cow Creek Drainage, Arkansas'', and bounded
approximately--
(i) on the north, by County Road 95;
(ii) on the south, by County Road 157;
(iii) on the east, by County Road 48; and
(iv) on the west, by the Arkansas-Oklahoma
border.
(B) Leader and brush mountains.--Certain land in
the Ouachita National Forest, Montgomery County and
Polk County, totaling approximately 120,000 acres,
known as ``Leader Mountain'' and ``Brush Mountain'',
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, 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 that has not been designated as a
wilderness area before the date of enactment of this
Act, located in the watershed of Big Creek southwest of
the Leatherwood Wilderness Area, Searcy County and
Marion County, 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 that has not been designated as a
wilderness area before the date of enactment of this
Act, known as the ``Upper Buffalo River Watershed'',
located approximately 35 miles from the town of
Harrison, Madison County, Newton County, and Searcy
County, 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) Colorado: cochetopa hills.--Certain land in the
Gunnison Basin area, known as the ``Cochetopa Hills'',
administered by the Gunnison National Forest, Grand Mesa
National Forest, Uncompahgre National Forest, and Rio Grand
National Forest, totaling approximately 500,000 acres, spanning
the continental divide south and east of the city of Gunnison,
in Saguache County, and including--
(A) Elk Mountain and West Elk Mountain;
(B) the Grand Mesa;
(C) the Uncompahgre Plateau;
(D) the northern San Juan Mountains;
(E) the La Garitas Mountains; and
(F) the Cochetopa Hills.
(6) 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 County, Walker County, Chattooga County,
Floyd County, and Gordon County.
(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, in Union County and Lumpkin
County.
(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'',
in Rabun County, near the towns of Clayton, Georgia,
and 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
``Cohutta Extensions'', ``Grassy Mountain'', ``Emery
Creek'', and ``Mountaintown'', near the towns of
Chatsworth and Ellijay, in Murray County, Fannin
County, and Gilmer County.
(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'', approximately 10 to 15 miles south of the
town of Blairsville, in Union County and Fannin County.
(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, 30
miles north of the town of Dahlonega, in Fannin County,
Dawson County, and Lumpkin County.
(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'',
approximately 10 miles from the town of Toccoa, in
Habersham County and Stephens County.
(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'', approximately 5 to 15 miles north of
Helen, 5 to 15 miles southeast of Hiawassee, north of
Clayton, and west of Dillard, in White County, Towns
County, and Rabun County.
(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 County and Fannin County.
(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'', near the
towns of Dahlonega, Cleveland, Helen, and Blairsville,
in Lumpkin County, Union County, White County, and
Towns County.
(7) Idaho.--
(A) Cove/mallard.--Certain land in the Nez Perce
National Forest, 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, 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, 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''.
(8) Illinois.--
(A) Cripps bend.--Certain land in the Shawnee
National Forest, 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, 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, totaling approximately 490 acres,
located in northern Pope County in the Quarrel Creek
watershed, in the area generally known as ``Quarrel
Creek''.
(9) 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.
(10) 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.
(B) Lullaby white pine reserve.--Certain land in
the Superior National Forest, Gunflint Ranger District,
totaling approximately 2,518 acres, in the South Brule
Opportunity Area, northwest of Grand Marais in Cook
County, known as the ``Lullaby White Pine Reserve''.
(11) Missouri: eleven point-big springs area.--Certain land
in the Mark Twain National Forest, 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''.
(12) Montana: mount bushnell.--Certain land in the Lolo
National Forest, totaling approximately 41,000 acres, located
approximately 5 miles southwest of the town of Thompson Falls
in the area generally known as ``Mount Bushnell''.
(13) New mexico.--
(A) Angostura.--Certain land in the eastern half of
the Carson National Forest, Camino Real Ranger
District, totaling approximately 10,000 acres, located
in Township 21, Ranges 12 and 13, known as
``Angostura'', and bounded--
(i) on the northeast, by Highway 518;
(ii) on the southeast, by the Angostura
Creek watershed boundary;
(iii) on the southern side, by Trail 19 and
the Pecos Wilderness; and
(iv) on 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, at
the Vallecitos Sustained Yield Unit, totaling
approximately 5,400 acres, known as ``La Manga'', in
Township 27, Range 6, and bounded--
(i) on the north, by the Tierra Amarilla
Land Grant;
(ii) on the south, by Canada Escondida;
(iii) on the west, by the Sustained Yield
Unit boundary and the Tierra Amarilla Land
Grant; and
(iv) on the east, by the Rio Vallecitos.
(C) Elk mountain.--Certain land in the Santa Fe
National Forest, totaling approximately 7,220 acres,
known as ``Elk Mountain'' located in Townships 17 and
18 and Ranges 12 and 13, and bounded--
(i) on the north, by the Pecos Wilderness;
(ii) on the east, by the Cow Creek
Watershed;
(iii) on the west, by the Cow Creek; and
(iv) on 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.
(14) 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'', near the
towns of Murphy, Franklin, Bryson City, Andrews, and
Beechertown, in Cherokee County, Macon County, Clay
County, and Swain County.
(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, 5 miles from the
town of Highlands, in Macon County and Jackson County.
(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'', near the towns of Murphy and
Robbinsville, in Cherokee County and Graham County.
(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.
(E) Big ivy tract.--Certain land in the Pisgah
National Forest, 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'', near the towns of Burnsville,
Montreat and Marion, in Buncombe County, Yancey County,
and McDowell County.
(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'', near the towns of Marion,
Morgantown, Spruce Pine, Linville, and Blowing Rock, in
Burke County, McDowell County, Avery County, and
Caldwell County.
(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 County and Yancey
County.
(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'', 5 to 12 miles north of the town of Brevard
and southwest of the city of Asheville, in Haywood
County, Transylvania County, and Henderson County.
(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.
(15) Ohio.--
(A) Archers fork complex.--Certain land in the
Marietta Unit of the Athens Ranger District, in the
Wayne National Forest, in Washington County, known as
``Archers Fork Complex'', totaling approximately 18,350
acres, located northeast of Newport and bounded--
(i) on the northwest, by State Highway 26;
(ii) on the northeast, by State Highway
260;
(iii) on the southeast, by the Ohio River;
and
(iv) on 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, 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, 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) on the southwest, by State Highway 93;
and
(ii) on the northwest, by State Highway 4.
(E) Morgan sisters.--Certain land in the Ironton
Ranger District of the Wayne National Forest, in
Lawrence County, 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, known as ``Utah Ridge'', totaling approximately
9,000 acres, located 1 mile northwest of Chauncey and
bounded--
(i) on the southeast, by State Highway 682
and State Highway 13;
(ii) on the southwest, by US Highway 33 and
State Highway 216; and
(iii) on the north, by State Highway 665.
(G) Wildcat hollow.--Certain land in the Athens
Ranger District of the Wayne National Forest, in Perry
County and Morgan County, 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.
(16) Oklahoma: cow creek drainage, oklahoma.--Certain land
in the Ouachita National Forest, Mena Ranger District, in Le
Flore County, totaling approximately 3,000 acres, known as
``Cow Creek Drainage, Oklahoma'', and bounded approximately--
(A) on the west, by the Beech Creek National Scenic
Area;
(B) on the north, by State Highway 63;
(C) on the east, by the Arkansas-Oklahoma border;
and
(D) on the south, by County Road 9038 on the south.
(17) Oregon: applegate wilderness.--Certain land in the
Siskiyou National Forest and Rogue River National Forest,
totaling approximately 20,000 acres, 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''.
(18) Pennsylvania.--
(A) The bear creek special area.--Certain land in
the Allegheny National Forest, Marienville Ranger
District, Elk County, totaling approximately 7,800
acres, and comprised of Allegheny National Forest land
bounded--
(i) on the west, by Forest Service Road
136;
(ii) on the north, by Forest Service Roads
339 and 237;
(iii) on the east, by Forest Service Road
143; and
(iv) on the south, by Forest Service Road
135.
(B) The bogus rocks special area.--Certain land in
the Allegheny National Forest, Marienville Ranger
District, Forest County, totaling approximately 1,015
acres, and comprised of Allegheny National Forest land
in compartment 714 bounded--
(i) on the northeast and east, by State
Route 948;
(ii) on the south, by State Route 66;
(iii) 0n the southwest and west, by
Township Road 370;
(iv) on the northwest, by Forest Service
Road 632; and
(v) on the north, by a pipeline.
(C) The chappel fork special area.--Certain land in
the Allegheny National Forest, Bradford Ranger
District, McKean County, totaling approximately 10,000
acres, and comprised of Allegheny National Forest land
bounded--
(i) on the south and southeast, by State
Road 321;
(ii) on the south, by Chappel Bay;
(iii) on the west, by the Allegheny
Reservoir;
(iv) on the north, by State Route 59; and
(v) on the east, by private land.
(D) The fools creek special area.--Certain land in
the Allegheny National Forest, Bradford Ranger
District, Warren County, totaling approximately 1,500
acres, and comprised of Allegheny National Forest land
south and west of Forest Service Road 255 and west of
FR 255A, bounded--
(i) on the west, by Minister Road; and
(ii) on the south, by private land.
(E) The hickory creek special area.--Certain land
in the Allegheny National Forest, Bradford Ranger
District, Warren County, totaling approximately 2,000
acres, and comprised of Allegheny National Forest land
bounded--
(i) on the east and northeast, by Heart's
Content Road;
(ii) on the south, by Hickory Creek
Wilderness Area;
(iii) on the northwest, by private land;
and
(iv) on the north, by Allegheny Front
National Recreation Area.
(F) The lamentation run special area.--Certain land
in the Allegheny National Forest, Marienville Ranger
District, Forest County, totaling approximately 4,500
acres, and--
(i) comprised of Allegheny National Forest
land bounded--
(I) on the north, by Tionesta
Creek;
(II) on the east, by Salmon Creek;
(III) on the southeast and
southwest, by private land; and
(IV) on the south, by Forest
Service Road 210; and
(ii) including the lower reaches of Bear
Creek.
(G) The lewis run special area.--Certain land in
the Allegheny National Forest, Bradford Ranger
District, McKean County, totaling approximately 500
acres, and comprised of Allegheny National Forest land
north and east of Forest Service Road 312.3, including
land known as the ``Lewis Run Natural Area'' and
consisting of land within Compartment 466, Stands 1-3,
5-8, 10-14, and 18-27.
(H) The mill creek special area.--Certain land in
the Allegheny National Forest, Marienville Ranger
District, Elk County, totaling approximately 2,000
acres, and comprised of Allegheny National Forest land
within a 1-mile radius of the confluence of Red Mill
Run and Big Mill Creek and known as the ``Mill Creek
Natural Area''.
(I) The millstone creek special area.--Certain land
in the Allegheny National Forest, Marienville Ranger
District, Forest County, totaling approximately 30,000
acres, and comprised of Allegheny National Forest land
bounded--
(i) on the north, by State Route 66;
(ii) on the northeast, by Forest Service
Road 226;
(iii) on the east, by Forest Service Roads
130, 774, and 228;
(iv) on the southeast, by State Road 3002
and Forest Service Road 189;
(v) on the south, by the Clarion River; and
(vi) on the southwest, west, and northwest,
by private land.
(J) The minister creek special area.--Certain land
in the Allegheny National Forest, Bradford Ranger
District, Warren County, totalling approximately 6,600
acres, and comprised of Allegheny National Forest land
bounded--
(i) on the north, by a snowmobile trail;
(ii) on the east, by Minister Road;
(iii) on the south, by State Route 666 and
private land;
(iv) on the southwest, by Forest Service
Road 420; and
(v) on the west, by warrants 3109 and 3014.
(K) The muzette special area.--Certain land in the
Allegheny National Forest, Marienville Ranger District,
Forest County, totaling approximately 325 acres, and
comprised of Allegheny National Forest land bounded--
(i) on the west, by 7916' longitude,
approximately;
(ii) on the north, by Forest Service Road
561;
(iii) on the east, by Forest Service Road
212; and
(iv) on the south, by private land.
(L) The sugar run special area.--Certain land in
the Allegheny National Forest, Bradford Ranger
District, McKean County, totaling approximately 8,800
acres, and comprised of Allegheny National Forest land
bounded--
(i) on the north, by State Route 346 and
private land;
(ii) on the east, by Forest Service Road
137; and
(iii) on the south and west, by State Route
321.
(M) The tionesta special area.--Certain land in the
Allegheny National Forest, Bradford and Marienville
Ranger Districts, Elk, Forest, McKean, and Warren
Counties, totalling approximately 27,000 acres, and
comprised of Allegheny National Forest land bounded--
(i) on the west, by private land and State
Route 948;
(ii) on the northwest, by Forest Service
Road 258;
(iii) on the north, by Hoffman Farm
Recreation Area and Forest Service Road 486;
(iv) on the northeast, by private land and
State Route 6;
(v) on the east, by private land south to
Forest Road 133, then by snowmobile trail from
Forest Road 133 to Windy City, then by private
land and Forest Road 327 to Russell City; and
(vi) on the southwest, by State Routes 66
and 948.
(19) South carolina.--
(A) Big shoals, south carolina area.--Certain land
in the Sumter National Forest, Andrew Pickens Ranger
District, in Oconee County, totaling approximately
2,000 acres, known as ``Big Shoals, South Carolina
Area'', 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, totaling
approximately 3,500 acres, known as ``Brasstown Creek,
South Carolina Area'', approximately 15 miles west of
Westminster, South Carolina.
(C) Chauga.--Certain land in the Sumter National
Forest, Andrew Pickens Ranger District, in Oconee
County, totaling approximately 16,000 acres, known as
``Chauga'', 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, totaling approximately 4,000 acres,
known as ``Dark Bottoms'', 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, 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, totaling approximately
3,500 acres, known as ``Five Falls, South Carolina
Area'', approximately 10 miles southeast of Clayton,
Georgia.
(G) Persimmon mountain.--Certain land in the Sumter
National Forest, Andrew Pickens Ranger District, in
Oconee County, totaling approximately 7,000 acres,
known as ``Persimmon Mountain'', 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, totaling approximately
2,000 acres, known as ``Rock Gorge, South Carolina
Area'', 12 miles southeast of Highlands, North
Carolina.
(I) Tamassee.--Certain land in the Sumter National
Forest, Andrew Pickens Ranger District, in Oconee
County, totaling approximately 5,500 acres, known as
``Tamassee'', 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, totaling
approximately 5,000 acres, known as ``Thrift's Ferry,
South Carolina Area'', 10 miles east of Clayton,
Georgia.
(20) South dakota.--
(A) Black fox area.--Certain land in the Black
Hills National Forest, 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) on the north, by FDR 206;
(ii) on the south, by the steep slopes
north of Forest Road 231; and
(iii) on the west, by a fork of Rapid
Creek.
(B) Breakneck area.--Certain land in the Black
Hills National Forest, 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, 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, excluding a
corridor of private land along FDR 345.
(D) Pilger mountain area.--Certain land in the
Black Hills National Forest, 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) on the east and northeast, by Forest
Roads 318 and 319;
(ii) on the north and northwest, by Road
312; and
(iii) on the southwest, by private land.
(E) Stagebarn canyons.--Certain land in the Black
Hills National Forest, known as ``Stagebarn Canyons'',
totaling approximately 7,300 acres, 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
County, Green County, Washington County, and Unicoi
County, totaling approximately 46,133 acres, known as
the ``Bald Mountains Cluster, Tennessee Areas'', and
comprised of 10 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.
(B) Big frog/cohutta cluster.--Certain land in the
Cherokee National Forest, in Polk County, Ocoee Ranger
District, Hiwassee Ranger District, and Tennessee
Ranger District, totaling approximately 28,800 acres,
known as the ``Big Frog/Cohutta Cluster'', comprised of
4 parcels known as ``Big Frog Extensions'', ``Little
Frog Extensions'', ``Smith Mountain'', and ``Rock
Creek'', located near the towns of Copperhill,
Ducktown, Turtletown, and Benton.
(C) Citico creek watershed cluster tennessee
areas.--Certain land in the Tellico Ranger District of
the Cherokee National Forest, in Monroe County,
totaling approximately 14,256 acres, known as the
``Citico Creek Watershed Cluster, Tennessee Areas'',
comprised of 4 parcels known as ``Flats Mountain'',
``Miller Ridge'', ``Cowcamp Ridge'', and ``Joyce
Kilmer-Slickrock Extension'', near the town of Tellico
Plains.
(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 County and
Johnson County.
(E) Northern unicoi mountains cluster.--Certain
land in the Tellico Ranger District of the Cherokee
National Forest, in Monroe County, totaling
approximately 30,453 acres, known as the ``Northern
Unicoi Mountain Cluster'', comprised of 4 parcels known
as ``Bald River Gorge Extension'', ``Upper Bald
River'', ``Sycamore Creek'', and ``Brushy Ridge'', near
the town of Tellico Plains.
(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 7 parcels
known as ``Strawberry Mountain'', ``Highlands of
Roan'', ``Ripshin Ridge'', ``Doe River Gorge Scenic
Area'', ``White Rocks Mountain'', ``Slide Hollow'' and
``Watauga Reserve'', approximately 8 to 20 miles south
of the town of Elizabethton, in Unicoi County, Carter
County, and Johnson County.
(G) Southern unicoi mountains cluster.--Certain
land in the Hiwassee Ranger District of the Cherokee
National Forest, in Polk County, Monroe County, and
McMinn County, totaling approximately 11,251 acres,
known as the ``Southern Unicoi Mountains Cluster'',
comprised of 3 parcels known as ``Gee Creek
Extension'', ``Coker Creek'', and ``Buck Bald'', near
the towns of Etowah, Benton, and Turtletown.
(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 3 parcels known as
``Nolichucky'', ``Unaka Mountain Extension'', and
``Stone Mountain'', approximately 8 miles from Erwin,
in Unicoi County and Carter County.
(22) Texas: longleaf ridge.--Certain land in the Angelina
National Forest, in Jasper County and Angelina County, totaling
approximately 30,000 acres, generally known as ``Longleaf
Ridge'', and bounded--
(A) on the west, by Upland Island Wilderness Area;
(B) on the south, by the Neches River; and
(C) on the northeast, by Sam Rayburn Reservoir.
(23) Vermont.--
(A) Glastenbury area.--Certain land in the Green
Mountain National Forest, totaling approximately 35,000
acres, located 3 miles northeast of Bennington,
generally known as the ``Glastenbury Area'', and
bounded--
(i) on the north, by Kelly Stand Road;
(ii) on the east, by Forest Road 71;
(iii) on the south, by Route 9; and
(iv) on the west, by Route 7.
(B) Lamb brook.--Certain land in the Green Mountain
National Forest, totaling approximately 5,500 acres,
located 3 miles southwest of Wilmington, generally
known as ``Lamb Brook'', and bounded--
(i) on the west, by Route 8;
(ii) on the south, by Route 100;
(iii) on the north, by Route 9; and
(iv) on the east, by land owned by New
England Power Company.
(C) Robert frost mountain area.--Certain land in
the Green Mountain National Forest, totaling
approximately 8,500 acres, known as ``Robert Frost
Mountain Area'', located northeast of Middlebury,
consisting of the Forest Service land bounded--
(i) on the west, by Route 116;
(ii) on the north, by Bristol Notch Road;
(iii) on the east, by Lincoln/Ripton Road;
and
(iv) on the south, by Route 125.
(24) Virginia.--
(A) Bear creek.--Certain land in the Jefferson
National Forest, Wythe Ranger District, known as ``Bear
Creek'', north of Rural Retreat, in Smyth County and
Wythe County.
(B) Cave springs.--Certain land in the Jefferson
National Forest, Clinch Ranger District, totaling
approximately 3,000 acres, known as ``Cave Springs'',
between State Route 621 and the North Fork of the
Powell River, in Lee County.
(C) Dismal creek.--Certain land totaling
approximately 6,000 acres, in the Jefferson National
Forest, Blacksburg Ranger District, known as ``Dismal
Creek'', north of State Route 42, in Giles County and
Bland County.
(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'', in Craig County and Botentourt County.
(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, east of
the Blue Ridge Parkway, in Botentourt County and
Rockbridge County.
(F) Whitetop mountain.--Certain land in the
Jefferson National Forest, Mt. Rodgers Recreation Area,
totaling 3,500 acres, known as ``Whitetop Mountain'',
in Washington County, Smyth County, and Grayson County.
(G) Wilson mountain.--Certain land known as
``Wilson Mountain'', in the Jefferson National Forest,
Glenwood Ranger District, totaling approximately 5,100
acres, east of Interstate 81, in Botentourt County and
Rockbridge County.
(H) Feathercamp.--Certain land 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.
(25) Wisconsin.--
(A) Flynn lake.--Certain land in the Chequamegon-
Nicolet National Forest, Washburn Ranger District,
totaling approximately 5,700 acres, known as ``Flynn
Lake'', in the Flynn Lake semi-primitive nonmotorized
area, in Bayfield County.
(B) Ghost lake cluster.--Certain land in the
Chequamegon-Nicolet National Forest, Great Divide
Ranger District, totaling approximately 6,000 acres,
known as ``Ghost Lake Cluster'', including 5 parcels
known as ``Ghost Lake'', ``Perch Lake'', ``Lower Teal
River'', ``Foo Lake'', and ``Bulldog Springs'', in
Sawyer County.
(C) Lake owens cluster.--Certain land in the
Chequamegon-Nicolet National Forest, Great Divide and
Washburn Ranger Districts, totaling approximately 3,600
acres, known as ``Lake Owens Cluster'', comprised of
parcels known as ``Lake Owens'', ``Eighteenmile
Creek'', ``Northeast Lake'', and ``Sugarbush Lake'', in
Bayfield County.
(D) Medford cluster.--Certain land in the
Chequamegon-Nicolet National Forest, Medford-Park Falls
Ranger District, totaling approximately 23,000 acres,
known as the ``Medford Cluster'', comprised of 12
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'', in Taylor County.
(E) Park falls cluster.--Certain land in the
Chequamegon-Nicolet National Forest, Medford-Park Falls
Ranger District, totaling approximately 23,000 acres,
known as ``Park Falls Cluster'', comprised of 11
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'', in Price
County and Vilas County.
(F) Penokee mountain cluster.--Certain land in the
Chequamegon-Nicolet National Forest, Great Divide
Ranger District, totaling approximately 23,000 acres,
known as ``Penokee Mountain Cluster'', comprised of--
(i) the Marengo River and Brunsweiler River
semi-primitive nonmotorized areas; and
(ii) parcels known as ``St. Peters Dome'',
``Brunsweiler River Gorge'', ``Lake Three'',
``Hell Hole Creek'', and ``North Country Trail
Hardwoods'', in Ashland County and Bayfield
County.
(G) Southeast great divide cluster.--Certain land
in the Chequamegon-Nicolet National Forest, Medford
Park Falls Ranger District, totaling approximately
25,000 acres, known as the ``Southeast Great Divide
Cluster'', comprised of parcels known as ``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'', in Ashland County and Sawyer County.
(H) Diamond roof cluster.--Certain land in the
Chequamegon-Nicolet National Forest, Lakewood-Laona
Ranger District, totaling approximately 6,000 acres,
known as ``Diamond Roof Cluster'', comprised of 4
parcels known as ``McCaslin Creek'', ``Ada Lake'',
``Section 10 Lake'', and ``Diamond Roof'', in Forest
County, Langlade County, and Oconto County.
(I) Argonne forest cluster.--Certain land in the
Chequamegon-Nicolet National Forest, Eagle River-
Florence Ranger District, totaling approximately 12,000
acres, known as ``Argonne Forest Cluster'', comprised
of parcels known as ``Argonne Experimental Forest'',
``Scott Creek'', ``Atkins Lake'', and ``Island Swamp'',
in Forest County.
(J) Bonita grade.--Certain land in the Chequamegon-
Nicolet National Forest, Lakewood-Laona Ranger
District, totaling approximately 1,200 acres, known as
``Bonita Grade'', comprised of parcels known as
``Mountain Lakes'', ``Temple Lake'', ``Second South
Branch'', ``First South Branch'', and ``South Branch
Oconto River'', in Langlade County.
(K) Franklin and butternut lakes cluster.--Certain
land in the Chequamegon-Nicolet National Forest, Eagle
River-Florence Ranger District, totaling approximately
12,000 acres, known as ``Franklin and Butternut Lakes
Cluster'', comprised of 8 parcels known as ``Bose Lake
Hemlocks'', ``Luna White Deer'', ``Echo Lake'',
``Franklin and Butternut Lakes'', ``Wolf Lake'',
``Upper Ninemile'', ``Meadow'', and ``Bailey Creeks'',
in Forest County and Oneida County.
(L) Lauterman lake and kieper creek.--Certain land
in the Chequamegon-Nicolet National Forest, Eagle
River-Florence Ranger District, totaling approximately
2,500 acres, known as ``Lauterman Lake and Kieper
Creek'', in Florence County.
(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 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.--Candidate areas for recommendation as
additional special areas shall have outstanding biological
values that are exemplary on a local, regional, and national
level, including the presence of--
(A) threatened or endangered species of plants or
animals;
(B) rare or endangered ecosystems;
(C) key habitats necessary for the recovery of
endangered 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.
(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, AND SPECIAL
AREAS.
(a) Restriction of Management Activities in Ancient Forests.--On
Federal land located in Ancient forests--
(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) Restriction of Management Activities in Roadless Areas.--On
Federal land located in roadless areas (except military
installations)--
(1) no roads shall be constructed or reconstructed;
(2) no extractive logging shall be permitted except of non-
native invasive tree species, in which case the limitations on
logging in title I shall apply; and
(3) no improvements for the purpose of extractive logging
shall be permitted.
(c) Restriction of Management Activities in Watershed Protection
Areas.--On Federal land located in watershed protection areas--
(1) no roads shall be constructed or reconstructed;
(2) no extractive logging shall be permitted except of non-
native invasive tree species, in which case the limitations on
logging in title I shall apply; and
(3) no improvements for the purpose of extractive logging
shall be permitted.
(d) Restriction of Management Activities in Special Areas.--On
Federal land located in special areas--
(1) no roads shall be constructed or reconstructed;
(2) no extractive logging shall be permitted except of non-
native invasive tree species, in which case the limitations on
logging in title I shall apply; and
(3) no improvements for the purpose of extractive logging
shall be permitted.
(e) 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
determines to have been abandoned before the date of enactment
of this Act shall not be maintained or reconstructed.
(f) Enforcement.--
(1) Finding.--Congress finds that all people of the United
States are injured by actions on land to which this section
applies.
(2) Purpose.--The purpose of this subsection is to foster
the widest possible enforcement of this section.
(3) Federal enforcement.--The Secretary and the Attorney
General of the United States shall enforce this section against
any person that violates this section.
(4) Citizen suits.--
(A) In general.--A citizen harmed by a violation of
this section may enforce this section by bringing a
civil 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.
(5) 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. EFFECTIVE DATE.
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.
SEC. 303. WILDERNESS ACT EXCLUSION.
This Act and the amendments made by this Act shall not apply to any
Federal wilderness area designated under the Wilderness Act (16 U.S.C.
1131 et seq.).
TITLE IV--GIANT SEQUOIA NATIONAL MONUMENT
SEC. 401. FINDINGS.
Congress finds that--
(1) in accordance with section 2 of the Act of June 8, 1906
(16 U.S.C. 431), the Giant Sequoia National Monument was
established by Presidential Proclamation number 7295, dated
April 15, 2000 (65 Fed. Reg. 24095);
(2) the Proclamation provided the following: ``The rich and
varied landscape of the Giant Sequoia National Monument holds a
diverse array of scientific and historic resources. Magnificent
groves of towering giant sequoias, the world's largest trees,
are interspersed within a great belt of coniferous forest,
jeweled with mountain meadows. Bold granitic domes and spires,
and plunging gorges, texture the landscape. The area's
elevation climbs from about 1,600 to 10,365 feet over a
distance of only a few miles, capturing an extraordinary number
of habitats within a relatively small area. This spectrum of
ecosystems is home to a diverse array of plants and animals,
many of which are rare or endemic to the southern Sierra
Nevada. The monument embraces limestone caverns and holds
unique paleological resources documenting tens of thousands of
years of ecosystem change. The monument also has many
archaeological sites recording Native American occupation and
adaptations to this complex landscape, and historic commercial
exploitation of the giant sequoias. The monument provides
exemplary opportunities for biologists, geologists,
paleontologists, archaeologists, and historians to study these
objects.'';
(3) the various ecosystems cited as the basis for
establishment of the Monument--
(A) extend beyond the existing boundaries of the
Monument; and
(B) encompass the fragile and extremely diverse
southern Sierra Nevada bioregion and the overlapping
Mohave ecosystem;
(4) to protect all the ecosystems and objects described in
the Proclamation, the boundaries of the Monument must be
extended to provide for watershed integrity, seasonal wildlife
migrations, and other benefits;
(5) even though the primary reason for establishing the
Monument was to rescue the area from the effects of road
building and severe logging implemented by the Forest Service,
the Proclamation left the Monument under the jurisdiction of
the Chief of the Forest Service;
(6) the Proclamation provides the following: ``No portion
of the Monument shall be considered to be suited for timber
production, and no part of the Monument shall be used in a
calculation or provision of a sustained yield of timber from
the Sequoia National Forest.'';
(7) the final environmental impact statement for a
management plan for the Monument prepared by the Forest Service
would continue the widespread felling of forests in the
Monument in direct contravention of the intent and text of the
Proclamation;
(8) the Proclamation provided that ``[t]hese forests [in
the Monument] need restoration to counteract the effects of a
century of fire suppression and logging'';
(9) throughout the history of the Forest Service, the
Forest Service has been focused on the logging of public land
for the purpose of selling timber;
(10) because of this emphasis on logging and for other
reasons, the National Park Service would be better able to
manage the Monument than the Forest Service;
(11) the National Park Service manages 73 national
monuments, most of which were originally under the jurisdiction
of the Forest Service and were later transferred to the
National Park System by an Act of Congress or by Executive
Order;
(12) for example, in 1933 President Herbert Hoover and
President Franklin D. Roosevelt gave the National Park Service
jurisdiction over all 16 national monuments that were not
already units of the National Park System;
(13) in most cases, national monuments established by
presidential proclamation and assigned to the Forest Service or
other Federal agencies have been ultimately transferred to the
Secretary of the Interior, to be managed by the National Park
Service;
(14) in a number of cases, Congress has eventually
converted national monuments under the jurisdiction of the
National Park Service into national parks;
(15) national monuments that were converted into national
parks include the Grand Canyon National Park, Olympic National
Park, and Death Valley National Park;
(16) Congress has converted large areas of national forests
into some of the national parks and national monuments most
cherished by the people of the United States;
(17) prominent examples of conversions in the region of the
Monument are--
(A) Kings Canyon National Park, which was created
out of the Sierra National Forest and Sequoia National
Forest in 1940;
(B) the major eastward extension doubling the size
of Sequoia National Park in 1926, with land for the
addition being taken from the Sequoia National Forest;
and
(C) the Mineral King addition to the Sequoia
National Park in 1978, with land for the addition being
taken from Sequoia National Forest;
(18) the Monument has more acres of sequoia groves than are
contained in Sequoia, Kings Canyon, Yosemite, and Calaveras Big
Tree, which are the only national parks and State parks in
which sequoias occur;
(19) the largest tree in the world may still await
discovery in some remote area of the Monument;
(20) to save the ecological integrity of the Monument, it
is essential that the approximately 40,640 acres of land
between the Western Divide (commonly known as the ``Greenhorn
Mountains'') and the center line of the Kern River, south to
the boundary line between Tulare and Kern counties, be included
in the monument;
(21) Sequoia National Forest land, north of Sequoia
National Park, should be added to the Sierra National Forest,
which adjoins the Sierra National Forest on the north;
(22) for reasons of accessibility, economy, and general
efficiency of operation, the remaining Sequoia National Forest
territory south of Sequoia National Park belongs in the Inyo
National Forest, which already shares the Golden Trout
Wilderness with the Sequoia National Forest; and
(23) the overlapping jurisdiction with respect to the
Sequoia National Forest territory results in needlessly
wasteful management procedures.
SEC. 402. DEFINITIONS.
In this title:
(1) Advisory board.--The term ``Advisory Board'' means the
Giant Sequoia National Monument Advisory Board established
under section 404(d)(1).
(2) Management plan.--The term ``management plan'' means
the management plan for the Monument required by the
Proclamation.
(3) Monument.--The term ``Monument'' means the Giant
Sequoia National Monument established by the Proclamation.
(4) Proclamation.--The term ``Proclamation'' means the
Presidential Proclamation number 7295, dated April 15, 2000 (65
Fed. Reg. 24095).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
(6) Superintendent.--The term ``Superintendent'' means the
Superintendent of the Monument appointed under section 404(c).
SEC. 403. ADDITIONS TO GIANT SEQUOIA NATIONAL MONUMENT.
(a) In General.--There is added to the Monument--
(1) the approximately 40,640 acres of land between the
Western Divide (commonly known as the ``Greenhorn Mountains'')
and the center line of the Kern River, south to the boundary
line between Tulare and Kern counties; and
(2) the Jenny Lakes Wilderness.
(b) Boundary Revision.--The boundary of the Monument is revised to
reflect the addition of the land to the Monument under subsection (a).
SEC. 404. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER THE GIANT
SEQUOIA NATIONAL MONUMENT.
(a) In General.--Administrative jurisdiction over the Monument is
transferred from the Secretary of Agriculture to the Secretary.
(b) Applicable Law.--The Monument shall be administered in
accordance with the Proclamation, except that any deliberations of the
Chief of the Forest Service with respect to management of the Monument
shall be set aside.
(c) Superintendent.--The Secretary shall appoint a Superintendent
for the Monument to administer the Monument.
(d) Advisory Board.--
(1) In general.--The Superintendent shall establish an
advisory board, to be known as the ``Giant Sequoia National
Monument Advisory Board'', comprised of 9 members, to be
appointed by the Superintendent.
(2) Prohibition on federal government employment.--Members
of the Advisory Board shall not be employees of the Federal
Government.
(3) Terms.--
(A) In general.--A member of the Advisory Board
shall serve for a term of not more than 4 years.
(B) Intervals.--The Superintendent shall appoint
members of the Advisory Board in a manner that allows
the terms of the members to expire at staggered
intervals.
(4) Duties.--The Advisory Board shall--
(A) assist in the preparation of the management
plan; and
(B) provide recommendations with respect to the
management of the Monument.
(5) Procedures.--The Superintendent shall establish
procedures and standards for the Advisory Board.
(6) Open meetings.--Meetings of the Advisory Board shall be
open to the public.
(e) Headquarters.--The headquarters for the Monument shall be
located at the National Park Service facility at Three Rivers,
California, which is the headquarters of Sequoia National Park and
Kings Canyon National Park.
(f) Visitor Centers.--Visitors centers for the Monument shall be
located at--
(1) Grant Grove Visitor Center in Kings Canyon National
Park;
(2) Springville, the principal entrance to the west side of
the southern unit of the Monument; and
(3) Kernville.
SEC. 405. ADDITIONS TO THE SIERRA NATIONAL FOREST AND INYO NATIONAL
FOREST.
(a) Sierra National Forest.--
(1) In general.--The portion of the Sequoia National Forest
located north of Sequoia National Park that is not included in
the Monument is added to the Sierra National Forest.
(2) Boundary revision.--The boundary of the Sequoia
National Forest is adjusted to include the land added by
paragraph (1).
(b) Inyo National Forest.--
(1) In general.--The portion of the Sequoia National Forest
south of Sequoia National Park that is not included in the
Monument is added to the Inyo National Forest.
(2) Boundary revision.--The boundary of the Inyo National
Forest is adjusted to include the land added by paragraph (1).
SEC. 406. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out sections 404 and 405.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Forests and Forest Health.
Referred to the Subcommittee on National Parks.
Executive Comment Requested from Interior, USDA.
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