[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2866 Referred in Senate (RFS)]

103d CONGRESS
  2d Session
                                H. R. 2866


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 22 (legislative day, September 12), 1994

                                Received

           September 23 (legislative day, September 12), 1994

    Read twice and referred to the Committee on Energy and Natural 
                               Resources

_______________________________________________________________________

                                 AN ACT


 
 To provide for the sound management and protection of Redwood forest 
   areas in Humboldt County, California, by adding certain lands and 
waters to the Six Rivers National Forest and by including a portion of 
       such lands in the national wilderness preservation system.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Headwaters Forest Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that:
            (1) Redwoods are a significant national symbol and a 
        defining symbol of the State of California.
            (2) Old growth redwood trees are a unique and irreplaceable 
        natural resource.
            (3) Most of the Nation's old growth forests have been cut. 
        Less than 5 percent of the original 2,000,000 acre Coast 
        redwoods remain standing. The groves that are left are crucial 
        to maintain habitat needed for survival of old-growth dependent 
        species. The Headwaters Forest, for example, is home to one of 
        California's three largest population of marbled murrelets, 
        rare sea birds that nest only in coastal old growth trees; the 
        Northern Spotted Owl; and native salmon stocks that spawn in 
        the Forest's creeks.
            (4) The remaining unprotected stands of old growth forests 
        and old growth redwoods are under immediate threat of being 
        harvested without regard to their ecological importance and 
        without following Federal timber harvest guidelines.
            (5) Significant amounts of old growth redwoods in the 
        proposed National Forest additions are being cut at a pace that 
        is based on paying high interest rates on poor quality bonds 
        and not at a pace that is based on sound forest management 
        practices.
            (6) The continued fragmentation and loss of irreplaceable 
        ecosystems creates an urgent need to develop creative solutions 
        to achieve the long-term benefits of permanent protection and 
        preservation.
    (b) Purpose.--The purpose of this Act is to provide for the sound 
management and protection of old growth Redwood forest areas in 
Humboldt County, California, and to preserve and enhance habitat for 
the marbled murrelet, Northern Spotted owl, native salmon stocks, and 
other old growth forest dependent species, by adding certain lands and 
waters to the Six Rivers National Forest and by including a portion of 
such lands in the national wilderness preservation system.
    (c) Definitions.--For purposes of this Act:
            (1) The terms ``Six Rivers National Forest Addition'' and 
        ``Headwaters Forest'' mean the area authorized for land 
        acquisition activities under section 3, as depicted on the map 
        described in section 3(b)(1).
            (2) The term ``Secretary'' means the Secretary of 
        Agriculture.

SEC. 3. ADDITION TO SIX RIVERS NATIONAL FOREST.

    (a) Modification of Boundaries.--Effective upon the consummation of 
a land acquisition conducted as provided in subsection (b), the 
Secretary of Agriculture shall modify the exterior boundaries of the 
Six Rivers National Forest in the State of California to include the 
acquired lands.
    (b) Acquisition of Land.--
            (1) Area for acquisition activities.--The Secretary may 
        acquire lands and interests in land within the boundaries of an 
        area comprising approximately 44,000 acres, as generally 
        depicted on the map entitled ``Six Rivers National Forest 
        Addition proposed'' and dated June 1993, for inclusion in the 
        Six Rivers National Forest under subsection (a). The map shall 
        be on file and available for public inspection in the offices 
        of the Forest Supervisor, Six Rivers National Forest, and in 
        the offices of the Chief of the Forest Service, Department of 
        Agriculture.
            (2) Manner of conducting acquisition.--Lands and interests 
        in lands within the Six Rivers National Forest Addition may be 
        acquired by the Secretary only by donation, by purchase with 
        donated or appropriated funds, or by exchange.
            (3) Special rule for federal transfers.--For purposes of 
        making an exchange under paragraph (2), excess or surplus lands 
        under the jurisdiction of any other department, agency, or 
        instrumentality of the United States may be transferred, 
        subject to the advance approval of the transfer by law, to the 
        administrative jurisdiction of the Secretary if the Secretary 
        identifies the lands as suitable for use in making an exchange. 
        To facilitate the approval of a transfer of lands under this 
        paragraph, the Secretary shall submit to the Committee on 
        Agriculture and the Committee on Natural Resources of the House 
        of Representatives and to the Committee on Agriculture, 
        Nutrition, and Forestry of the Senate proposed legislation in 
        connection with the proposed transfer. The transfer of lands 
        under this paragraph shall be made without compensation to the 
        transferring department, agency, or instrumentality.
            (4) Acquisition of certain lands outside addition.--When a 
        tract of land proposed to be acquired is only partly within the 
        Six Rivers National Forest Addition, the Secretary may acquire 
        all or any portion of the land outside of the Six Rivers 
        National Forest Addition to minimize the payment of severance 
        costs. Land acquired outside of the boundaries may be exchanged 
        by the Secretary for non-Federal lands within the boundaries. 
        Land acquired outside of the boundaries of the Six Rivers 
        National Forest Addition under this paragraph and not used for 
        exchange shall be reported to the Administrator of the General 
        Services Administration for disposal under the Federal Property 
        and Administrative Services Act of 1949 (40 U.S.C. 471 et 
        seq.).
            (5) Special rule for state or local government lands.--
        Lands and interests in lands within the boundaries of the Six 
        Rivers National Forest Addition that are owned by the State of 
        California or any political subdivision thereof, may be 
        acquired only by donation or exchange.
            (6) Acceptance and use of funds.--The Secretary may accept 
        from the State of California funds to cover the cost of 
        acquiring lands within the Six Rivers National Forest Addition. 
        Notwithstanding any other provision of law, the Secretary may 
        retain and expend such funds for purposes of such acquisition. 
        Such funds shall be available for such purpose without further 
        appropriation and without fiscal year limitation.
    (c) Land Acquisition Plan.--The Secretary shall develop and 
implement, within 6 months after the date of the enactment of this Act, 
a land acquisition plan that contains specific provisions addressing 
how and when lands will be acquired under subsection (b). The plan 
shall give priority first to the acquisition of lands within the Six 
Rivers National Forest Addition proposed for inclusion in the National 
Wilderness Preservation System. The plan shall include an analysis of 
the possibilities for acquisition through means other than the 
expenditure of funds, including the use of excess and surplus Federal 
properties. The Secretary shall identify and list these properties. The 
Secretary shall submit copies of the plan to the Committee on Natural 
Resources, the Committee on Agriculture, and the Committee on 
Appropriations of the House of Representatives and to the Committee on 
Energy and Natural Resources, the Committee on Agriculture, Nutrition, 
and Forestry, and the Committee on Appropriations of the Senate.
    (d) Authorization of Appropriations; Limitation.--There are 
authorized to be appropriated such sums as may be necessary to carry 
out this Act; except that the total amount obligated or expended to 
acquire lands or interests in lands in the Six Rivers Forest Addition 
shall not exceed $200,000,000.
    (e) Termination of Acquisition Authority.--Notwithstanding any 
other provision of this section, the Secretary may not acquire lands 
under the authority of this section after the end of the 10-year period 
beginning on the date of the enactment of this Act.
    (f) Consent of Owner Required for Acquisition.--Lands and interests 
in lands within the Six Rivers National Forest Addition may not be 
acquired by the Secretary for purposes of this Act without the consent 
of the owner of the lands. The Secretary may not acquire lands or 
interests in lands within the Six Rivers National Forest Addition by 
condemnation.

SEC. 4. WILDERNESS AREAS.

    (a) Designation.--In furtherance of the purposes of the Wilderness 
Act (16 U.S.C. 1131-1136), lands in the State of California acquired 
under section 3 of this Act which are within the areas generally 
depicted on the map referred to in section 3 as the ``Headwaters Forest 
Wilderness (Proposed)'' shall be designated as wilderness and therefore 
as a component of the National Wilderness Preservation System, 
effective upon acquisition under section 3. Such lands shall be known 
as the Headwaters Forest Wilderness.
    (b) Map and Description.--As soon as practicable after the 
inclusion of any lands in the Headwaters Forest Wilderness, the 
Secretary shall file a map and a legal description of the area so 
included with the Committee on Natural Resources of the House of 
Representatives and with the Committee on Energy and Natural Resources 
of the Senate. The Secretary may correct clerical and typographical 
errors in such legal description and such map. Each such map and legal 
description shall be on file and available for public inspection in the 
offices of the Forest Supervisor, Six Rivers National Forest, and in 
the offices of the Chief of the Forest Service, Department of 
Agriculture.
    (c) Buffer Zones Not Intended.--The Congress does not intend that 
designation of any area as wilderness under this section lead to the 
creation of protective perimeters or buffer zones around the wilderness 
area. The fact that nonwilderness activities or uses can be seen or 
heard from areas within a wilderness shall not, of itself, preclude 
such activities or uses up to the boundary of the wilderness area.
    (d) State Authority Over Fish and Wildlife.--As provided in section 
4(d)(8) of the Wilderness Act, nothing in this Act shall be construed 
as affecting the jurisdiction or responsibilities of the State of 
California with respect to wildlife and fish in any areas designated by 
this Act as wilderness.

SEC. 5. ADMINISTRATION.

    (a) Management Plan.--Within 1 year after acquiring all or part of 
the lands identified to be acquired in section 3, the Secretary shall 
develop a comprehensive management plan for the acquired lands 
detailing measures for the preservation of the existing old growth 
redwood ecosystems. The management plan shall include each of the 
following with respect to the lands so acquired:
            (1) Prohibition of the sale of timber from lands within the 
        old growth redwood groves as depicted generally on the map 
        referred to in section 3(b)(1). Timber sales in other areas 
        within the Six Rivers National Forest Addition shall be allowed 
        consistent with the purposes of this Act and other applicable 
        Federal laws and regulations.
            (2) Measures to restore lands affected by previous timber 
        harvests to mitigate watershed degradation and impairment of 
        habitat for the marbled murrelet, northern spotted owl, native 
        salmon stocks, and other old-growth forest dependent species.
The management plan shall be reviewed and revised each time the land 
and resource management plan for the Six Rivers National Forest is 
revised or more frequently as necessary to meet the purposes of this 
Act.
    (b) Applicable Laws and Policies.--(1) The Secretary, acting 
through the Chief of the Forest Service, shall administer the lands 
acquired under section 3(b) in accordance with the Management Plan, 
this Act, and with the other laws, rules, and regulations applicable to 
such national forest. In addition, subject to valid existing rights, 
any lands acquired and designated as wilderness under section 4(a) 
shall also be administered in accordance with the provisions of the 
Wilderness Act governing areas designated by that Act as wilderness, 
except that any reference in such provisions to the effective date of 
the Wilderness Act (or any similar reference) shall be deemed to be a 
reference to the date of acquisition of such lands under section 3 of 
this Act.
    (2) To the maximum extent practicable, all work to implement the 
management plan's Restoration Measures shall be performed by unemployed 
forest and timber workers, unemployed commercial fishermen, or other 
unemployed persons whose livelihood depends on fishery and timber 
resources.
    (3) In order to facilitate management, the Secretary, acting 
through the Chief of the Forest Service may enter into agreements with 
the State of California for the management of lands owned by the State 
or purchased with State assistance.

SEC. 6. PAYMENTS TO LOCAL GOVERNMENT.

    (a) PILT.--Solely for purposes of payments made pursuant to chapter 
69 of title 31 of the United States Code, all lands added to the Six 
Rivers National Forest by this Act shall be deemed to have been 
acquired for the purposes specified in section 6904(a) of such title 
31.
    (b) 10-Year Payment.--(1) Subject to annual appropriations and the 
provisions of subsection (c), for a period of 10 years after 
acquisition by the United States of lands added to the Six Rivers 
National Forest by this Act, the Secretary, with respect to such 
acquired lands, shall make annual payments to Humboldt County in the 
State of California in an amount equal to the State of California 
Timber Yield Tax revenues payable under the California Revenue and 
Taxation Code (sec. 38101 et seq.) in effect as of the date of 
enactment of this Act that would have been paid with respect to such 
lands if the lands had not been acquired by the United States, as 
determined by the Secretary pursuant to this subsection.
    (2) The Secretary shall determine the amounts to be paid pursuant 
to paragraph (1) of this subsection based on an assessment of a variety 
of factors including, but not limited to--
            (A) timber actually sold in the subject year from 
        comparable commercial forest lands of similar soil type, slope 
        and such determination of appropriate timber harvest levels,
            (B) comparable timber size class, age, and quality,
            (C) market conditions,
            (D) all applicable Federal, State, and local laws and 
        regulations, and
            (E) the goal of sustainable, even-flow harvest or renewable 
        timber resources.
    (c) California Timber Yield Tax.--The amount of State of California 
Timber Yield Tax payments paid to Humboldt County in any year pursuant 
to the laws of California for timber sold from lands acquired under 
this Act shall be deducted from the sums to be paid to Humboldt County 
in that year under subsection (b).
    (d) 25-Percent Fund.--Amounts paid under subsection (b) with 
respect to any land in any year shall be reduced by any amounts paid 
under the Act of May 23, 1908 (16 U.S.C. 500) which are attributable to 
sales from the same lands in that year.

SEC. 7. FOREST STUDY.

    The Secretary shall study the lands within the area comprising 
approximately 13,620 acres and generally depicted as ``Study Area'' on 
the map referred to in section 3(a). The study shall analyze the area's 
potential to be added to the Headwaters Forest and shall identify the 
natural resources of the area including the location of old growth 
forests, old growth redwood stands, threatened and endangered species 
habitat and populations including the northern spotted owl and marbled 
murrelet, commercial timber volume, recreational opportunities, 
wildlife and fish, watershed management, and the cost of acquiring the 
land. Within one year of the date of enactment of this Act, the 
Secretary shall submit a report with the findings of the study to the 
Committees on Natural Resources, and Agriculture of the United States 
House of Representatives and the Committees on Energy and Natural 
Resources, and Agriculture, Nutrition, and Forestry of the United 
States Senate.

SEC. 8. NO ADVERSE EFFECT ON LANDS UNTIL ACQUIRED.

    (a) In General.--Until the lands in the Six River National Forest 
Addition are acquired under section 3, the owners of the lands and 
their designees shall be entitled to the full and lawful use and 
enjoyment of the lands. Nothing in this Act may be--
            (1) construed to impose any limitations upon any otherwise 
        lawful use of the lands by the owners of the lands or their 
        designees;
            (2) construed as authority to defer the submission, review, 
        approval, or implementation of any timber harvest or similar 
        plan with respect to any portion of the lands; or
            (3) construed to grant a cause of action against the owner 
        of the lands or their designees.
    (b) Voluntary Deferment of Use.--The owners of lands described in 
section 3 or their designees may agree of their own accord to defer 
some or all lawful enjoyment and use of the land for a certain period 
of time.

SEC. 9. SEARCH AND RESCUE OPERATIONS IN SIX RIVERS NATIONAL FOREST.

    As provided in section 4(c) of the Wilderness Act (16 U.S.C. 
1133(c)), mechanical transport (including motor vehicles, motorized 
equipment, and the landing of fixed-wing and rotary aircraft) shall be 
permitted anywhere within the boundaries of the Six Rivers National 
Forest with respect to any emergency involving the health or safety of 
an individual within the national forests.

SEC. 10. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.

    (a) Sense of Congress.--It is the sense of the Congress that, to 
the greatest extent practicable, all equipment and products purchased 
with funds made available under this Act should be American-made.
    (b) Notice Requirement.--In providing payments under section 6 or 
other financial assistance to, or entering into any contract with, any 
entity using funds made available under this Act, the Secretary, to the 
greatest extent practicable, shall provide to such entity a notice 
describing the statement made in subsection (a) by the Congress.

            Passed the House of Representatives September 21, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.

HR. 2866 RFS----2