[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2285 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2285

 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, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 14 (legislative day, July 11), 1994

  Mrs. Boxer introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 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, and for 
                            other purposes.

    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 of 1994''.

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 stands of redwood trees are a unique and 
        irreplaceable natural resource.
            (3) Most of the old growth forests of the United States 
        have been cut.
            (4) Less than 5 percent of the original 2,000,000 acres of 
        redwood trees of the West Coast of California remain standing.
            (5) The redwood stands that remain are crucial to maintain 
        habitat needed for survival of species that are dependent on 
        old growth forests.
            (6) An example of an old growth redwood forest that is 
        crucial to the survival of species that are dependent on old 
        growth forests is the Headwaters Forest, California.
            (7) The Headwaters Forest is home to one of the three 
        largest populations in California of marbled murrelets, a rare 
        sea bird that nests only in coastal old growth trees and such 
        forest also provides habitat for the northern spotted owl and 
        native salmon stocks that spawn in the creeks of the forest.
            (8) The other remaining stands of old growth forests and 
        old growth redwoods are unprotected and are under immediate 
        threat of being harvested without regard to a consideration of 
        their ecological importance and without the benefit of Federal 
        timber harvest guidelines.
            (9) Instead of basing decisions on sound forest management 
        practices, harvesters of old growth redwoods are cutting 
        significant amounts of old growth redwoods in the areas 
        proposed to be added to the National Forest pursuant to this 
        Act at a rate determined by the demands for the payment of high 
        interest on poor quality bonds.
    (b) Purposes.--The purposes of this Act are to add certain lands 
and waters to the Six Rivers National Forest, California, and include a 
portion of such lands and waters in the national wilderness 
preservation system--
            (1) to provide for the sound management and protection of 
        old growth redwood forest areas in Humboldt County, California; 
        and
            (2) to preserve and enhance habitat for the marbled 
        murrelet, the northern spotted owl, native salmon stocks, and 
        other species that are dependent on old growth forests.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Headwaters forest.--The term ``Headwaters Forest'' 
        means the Headwaters Forest, California.
            (2) Headwaters forest wilderness.--The term ``Headwaters 
        Forest Wilderness'' means the lands in the State of California 
        that are acquired pursuant to section 4 that are within the 
        areas generally depicted on the map referred to in section 4(a) 
        as the ``Headwaters Forest Wilderness (Proposed)''.
            (3) Six rivers national forest addition.--The term ``Six 
        Rivers National Forest Addition'' means the area added to the 
        Six Rivers National Forest pursuant to section 4.

SEC. 4. ADDITION TO SIX RIVERS NATIONAL FOREST.

    (a) Extension of Boundaries.--
            (1) In general.--The exterior boundaries of the Six Rivers 
        National Forest in the State of California are hereby extended 
        to include the area comprising approximately 44,000 acres, as 
        generally depicted on the map prepared by the National Forest 
        Service entitled ``Six Rivers National Forest Addition 
        proposed'', dated June 1993.
            (2) Filing of map.--A copy of the map referred to in 
        paragraph (1) shall be on file and available for public 
        inspection in the office of the Forest Supervisor, Six Rivers 
        National Forest, and in the office of the Chief of the Forest 
        Service, Department of Agriculture.
    (b) Acquisition of Land.--
            (1) In general.--
                    (A) Means of acquisition.--The Secretary may 
                acquire lands or interests in land within the exterior 
                boundaries of the Six Rivers National Forest Addition 
                by donation, by purchase with donated or appropriated 
                funds, or by an exchange.
                    (B) Excess and surplus federal property.--If the 
                Secretary identifies as suitable for an exchange under 
                subparagraph (A), excess or surplus Federal property, 
                as determined under the Federal Property and 
                Administrative Services Act of 1949 (40 U.S.C. 471 et 
                seq.) in the form of lands that are under the 
                jurisdiction of any other department, agency, or 
                instrumentality of the United States, the Secretary may 
                take such action as may be necessary to obtain the 
                advance approval of Congress to transfer the lands to 
                the Secretary for exchange. A transfer of such lands 
                shall be made on the condition that the department, 
                agency, or instrumentality that transfers the lands may 
                not receive compensation for such transfer.
                    (C) Acquisition of lands outside of boundaries.--If 
                a tract of land is only partly within the boundaries 
                referred to in subparagraph (A), the Secretary may 
                acquire all or any portion of the land outside of such 
                boundaries in order to minimize the payment of 
                severance costs.
                    (D) Exchange of lands acquired outside of 
                boundaries.--Land acquired pursuant to subparagraph (B) 
                outside of the boundaries referred to in subparagraph 
                (A) may be exchanged by the Secretary for non-Federal 
                lands within such boundaries.
                    (E) Certain unexchanged lands.--The Secretary shall 
                report the acquisition of any land acquired pursuant to 
                subparagraph (B) that is not exchanged by the Secretary 
                pursuant to subparagraph (D) to the Administrator of 
                the General Services Administration. The Administrator 
                shall dispose of such lands pursuant to the Federal 
                Property and Administrative Services Act of 1949 (40 
                U.S.C. 471 et seq.).
                    (F) Requirements for acquisition of certain 
                lands.--Lands, and interests in lands, within the 
                boundaries of the Six Rivers National Forest Addition 
                which are owned by the State of California or any 
                political subdivision thereof, may be acquired only by 
                donation or exchange.
            (2) Acceptance of funds.--
                    (A) In general.--The Secretary may--
                            (i) accept from the State of California 
                        funds in an amount sufficient to cover the cost 
                        of acquiring lands within the Six Rivers 
                        National Forest Addition pursuant to this Act; 
                        and
                            (ii) notwithstanding any other provision of 
                        law, retain and expend such funds for purposes 
                        of such acquisition.
                    (B) Treatment of funds.--Any funds made available 
                to the Secretary pursuant to subparagraph (A) shall be 
                used for the purposes specified in such paragraph 
                without further appropriation and without fiscal year 
                limitation.
    (c) Land Acquisition Plan.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall develop and 
        implement a land acquisition plan.
            (2) Content of plan.--A plan developed under paragraph (1) 
        shall--
                    (A) contain specific provisions addressing the time 
                and manner of the acquisition of lands under subsection 
                (b);
                    (B) in acquiring such lands, give first priority to 
                the acquisition of lands for the Headwaters Forest 
                Wilderness;
                    (C) include an analysis of practicable means of 
                providing for compensation for the acquisition of such 
                lands other than cash payments, including providing for 
                the use or exchange of certain excess or surplus 
                property of the Federal Government (as determined under 
                the Federal Property and Administrative Services Act of 
                1949; 40 U.S.C. 471) that the Secretary shall identify 
                and list; and
                    (D) acquire lands in accordance with the 
                requirements of paragraph (3).
            (3) Exhaustion of non-cash alternatives.--With respect to 
        the acquisition of a specific parcel of land pursuant to the 
        plan, the Secretary shall, to the maximum extent practicable, 
        use all practicable alternatives to cash payments from funds 
        appropriated to the Department of the Interior. With respect to 
        such acquisition, the Secretary may use such cash payments only 
        to the extent that such alternatives are not sufficient to 
        provide for such acquisition.
            (4) Distribution of plan.--The Secretary shall submit a 
        copy of the plan developed under this subsection to the 
        Committee on Energy and Natural Resources, the Committee on 
        Agriculture, Nutrition, and Forestry and the Committee on 
        Appropriations of the Senate and the Committee on Natural 
        Resources, the Committee on Agriculture, and the Committee on 
        Appropriations of the House of Representatives.

SEC. 5. WILDERNESS AREAS.

    (a) Designation.--In furtherance of the purposes of the Wilderness 
Act (16 U.S.C. 1131 et seq.), lands in California that are acquired 
under section 4 that are in the Headwaters Forest Wilderness shall, 
upon acquisition, be considered wilderness and a part of the National 
Wilderness Preservation System.
    (b) Map and Legal Description.--
            (1) In general.--As soon as practicable after the inclusion 
        of any lands in the Headwaters Forest Wilderness, the Secretary 
        shall submit a copy of the map and a legal description of the 
        area so included with the Committee on Energy and Natural 
        Resources of the Senate and with the Committee on Natural 
        Resources of the House of Representatives.
            (2) Correction of clerical and typographical errors.--The 
        Secretary may correct clerical and typographical errors in a 
        map or legal description referred to in paragraph (1).
            (3) Filing of maps and boundary descriptions.--Each map and 
        legal description submitted to the committees of Congress 
        specified in paragraph (1) shall be on file and available for 
        public inspection in the Office of the Chief of the Forest 
        Service, United States Department of Agriculture.
    (c) Buffer Zones Not Intended.--
            (1) Statutory intent.--Nothing in this Act is intended to 
        require the creation of protective perimeters or buffer zones 
        around a wilderness area designated pursuant to this Act.
            (2) Permissibility of certain wilderness activities along a 
        boundary.--The fact that a nonwilderness activity or use may be 
        seen or heard from an area within a wilderness may not be used 
        alone to preclude such activities or uses adjacent to the 
        boundary of the wilderness area.
    (d) State Authority Over Fish and Wildlife.--In accordance with 
section 4(d)(8) of the Wilderness Act (16 U.S.C. 1133(d)(8)), 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. 6. ADMINISTRATION.

    (a) Management Plan.--
            (1) In general.--Not later than 1 year after the Secretary 
        acquires all or a significant portion of the lands identified 
        under the land acquisition plan developed under section 4(c), 
        the Secretary shall develop and implement a comprehensive 
        management plan for the Six Rivers National Forest Addition.
            (2) Content of plan.--The comprehensive management plan 
        developed under paragraph (1) shall prescribe measures for the 
        preservation of the existing old growth redwood ecosystems in 
        the Six Rivers National Forest Addition, including the 
        following:
                    (A) With respect to the sale of timber--
                            (i) prohibiting the sale of timber from 
                        lands within the old growth redwood groves in 
                        the Six Rivers National Forest Addition, as 
                        depicted generally on the map referred to in 
                        section 4(a); and
                            (ii) permitting the sale of timber in areas 
                        of the Six Rivers National Forest Addition not 
                        specified in clause (i) in a manner consistent 
                        with the purposes of this Act and any other 
                        applicable Federal laws.
                    (B) Restoration measures to restore lands affected 
                by timber harvests that occurred before the date of 
                implementation of the plan to mitigate watershed 
                degradation and the impairment of habitat for the 
                marbled murrelet, spotted owl, native salmon stocks, 
                and other species dependent on old growth forests.
            (3) Review and revision of plan.--
                    (A) Except as provided in subparagraph (B), at such 
                time as the Secretary revises the applicable land and 
                resource management plan for the Six Rivers National 
                Park that is in effect on the date of enactment of this 
                Act the Secretary shall review and revise the 
                comprehensive management plan developed under this 
                subsection.
                    (B) The Secretary may revise the schedule for 
                reviewing and revising a comprehensive management plan 
                developed under this subsection if the Secretary 
                determines that a more frequent schedule of review and 
                revision is necessary to meet the purposes specified in 
                section 2(b).
    (b) Applicable Laws and Policies.--
            (1) In general.--The Secretary, acting through the Chief of 
        the Forest Service, shall administer the lands acquired under 
        section 4(b) in accordance with the comprehensive management 
        plan developed under subsection (a), other applicable 
        requirements of this Act, and any other applicable law.
            (2) Wilderness.--Except as provided in paragraph (3), 
        subject to valid existing rights, any lands acquired and 
        designated as wilderness under section 5(a) shall be 
        administered in accordance with the comprehensive management 
        plan developed under subsection (a), other applicable 
        requirements of this Act, and any other applicable law, 
        including the Wilderness Act (16 U.S.C. 1131 et seq.).
            (3) Effective dates under wilderness act.--With respect to 
        lands designated as wilderness under section 5(a), any 
        effective date under the Wilderness Act (or any similar 
        reference) shall be deemed to be a reference to the date of 
        acquisition of such lands under section 4.
    (c) Employment Practices.--To the maximum extent practicable, the 
Secretary shall take such action as may be necessary to ensure that all 
work to implement the restoration measures under the comprehensive 
management plan developed under subsection (a) are performed by 
unemployed forest workers and unemployed timber workers, unemployed 
commercial fishermen, or other unemployed persons whose livelihood 
depends on fishery and timber resources.
    (d) Agreements.--In order to facilitate the management of the lands 
subject to the comprehensive management plan developed under subsection 
(a), 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. 7. PAYMENTS TO LOCAL GOVERNMENT.

    (a) PILT.--Solely for purposes of payments made pursuant to chapter 
69 of title 31, United States Code, all lands added to the Six Rivers 
National Forest pursuant to section 4 shall be deemed to have been 
acquired for the purposes specified in section 6904(a) of such title 
31.
    (b) 10-Year Payment.--
            (1) In general.--Subject to the annual appropriations and 
        subsection (c), for the 10-year period beginning on the date of 
        the acquisition of lands under section 4, the Secretary shall 
        make annual payments with respect to such acquired lands to 
        Humboldt County in the State of California in an amount equal 
        to the State of California Timber Yield Tax revenues payable 
        under section 38101 et seq. of the California Revenue and 
        Taxation Code (as 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) Determination of amount of payments.--The Secretary 
        shall determine the amount of each annual payment made pursuant 
        to paragraph (1) on the basis of an assessment of a variety of 
        factors, including the following:
                    (A) Timber actually sold during the year for which 
                the payment is based from comparable commercial forest 
                lands of similar soil type and slope.
                    (B) A determination of appropriate timber harvest 
                levels.
                    (C) A consideration of comparable timber size 
                class, age, and quality.
                    (D) Market conditions.
                    (E) Applicable Federal laws and applicable laws of 
                States and political subdivisions of States.
                    (F) The goal of achieving a sustainable, even-flow 
                harvest of renewable timber resources.
    (c) California Timber Yield Tax.--The amount of State of California 
Timber Yield Tax payments paid to Humboldt County for 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 such 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 last paragraph in the matter under the heading ``FOREST 
SERVICE.'' in the Act of May 23, 1908 (35 Stat. 360, chapter 192; 16 
U.S.C. 500) which are attributable to sales from the same lands in that 
year.

SEC. 8. FOREST STUDY.

    (a) In General.--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 4(a).
    (b) Requirements for Study.--In carrying out the study, the 
Secretary shall--
            (1) analyze the potential of the area specified in 
        subsection (a) as an addition the Headwaters Forest; and
            (2) identify, with respect to the area--
                    (A) the natural resources of such area, including 
                wildlife and fish and the location of old growth 
                forests, old growth redwood stands, habitat for 
                threatened and endangered species and populations 
                (including the northern spotted owl and marbled 
                murrelet);
                    (B) commercial timber volume;
                    (C) recreational opportunities;
                    (D) watershed management needs; and
                    (E) the cost of acquiring the lands of the area.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall prepare a report that contains the 
findings of the study conducted under this section and submit a copy of 
the report to the Committee on Energy and Natural Resources of the 
Senate, the Committee on Agriculture, Nutrition, and Forestry of the 
Senate, the Committee on Natural Resources of the House of 
Representatives, and the Committee on Agriculture of the House of 
Representatives.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act.
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S 2285 IS----2