[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1376 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1376

 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 lands, and to designate 
certain Federal lands as Northwest Ancient Forests, roadless areas, and 
    Special Areas where logging and other intrusive activities are 
                              prohibited.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 17, 1997

  Ms. Eshoo (for herself, Mrs. Maloney of New York, Mr. Ackerman, Mr. 
 Andrews, Mr. Brown of California, Mr. Bonior, Mr. Berman, Mr. Capps, 
 Mr. Cardin, Mr. Clay, Mr. Conyers, Ms. Christian-Green, Mr. Davis of 
 Illinois, Ms. DeLauro, Mr. Dellums, Mr. Delahunt, Mr. Evans, Mr. Farr 
 of California, Mr. Flake, Mr. Frank of Massachusetts, Mr. Frost, Mr. 
  Filner, Mr. Gonzalez, Mr. Gutierrez, Mr. Hinchey, Ms. Eddie Bernice 
  Johnson of Texas, Mr. Kennedy of Massachusetts, Ms. Kilpatrick, Mr. 
 Kucinich, Mr. Lantos, Mr. Lewis of Georgia, Ms. Lofgren, Mrs. Lowey, 
Ms. McKinney, Mr. McGovern, Mr. Meehan, Mrs. Meek of Florida, Mr. Moran 
of Virginia, Mr. Nadler, Ms. Norton, Mr. Payne, Ms. Rivers, Ms. Roybal-
    Allard, Mr. Sanders, Mr. Schumer, Mr. Serrano, Mr. Sherman, Ms. 
  Slaughter, Mr. Stark, Mr. Thompson, Mr. Tierney, Ms. Velazquez, Ms. 
    Waters, Mr. Waxman, Ms. Woolsey, and Mr. Yates) introduced the 
following bill; which was referred to the Committee on Agriculture, and 
in addition to the Committees on Resources, and National Security, 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 lands, and to designate 
certain Federal lands as Northwest Ancient Forests, roadless 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. Purposes and findings.
Sec. 3. Effective date.
          TITLE I--AMENDMENTS TO EXISTING LAND MANAGEMENT LAWS

Sec. 101. Amendment of Forest and Rangeland Renewable Resources 
                            Planning Act of 1974 relating to National 
                            Forest System lands.
Sec. 102. Amendment of Federal Land Policy and Management Act of 1976 
                            relating to the public lands.
Sec. 103. Amendment of National Wildlife Refuge System Administration 
                            Act of 1966 relating to the National 
                            Wildlife Refuge System.
Sec. 104. Amendment of National Indian Forest Resources Management Act 
                            relating to Indian lands.
Sec. 105. Amendment of title 10, United States Code, relating to forest 
                            management on military lands.
TITLE II--PROTECTION FOR NORTHWEST ANCIENT FORESTS, ROADLESS AREAS, AND 
                             SPECIAL AREAS

Sec. 201. Definitions and findings.
Sec. 202. Designation of special areas.
Sec. 203. Restrictions on management activities in Northwest Ancient 
                            Forests, roadless areas, and special areas.
Sec. 204. Effect on private inholdings.

SEC. 2. PURPOSES AND FINDINGS.

    (a) Purposes.--The purposes of this Act are, on all Federal public 
lands, to conserve native biodiversity and to protect all native 
ecosystems against losses that result from--
            (1) clearcutting and other forms of even-age logging; and
            (2) logging in Northwest Ancient Forests, roadless areas, 
        and Special Areas.
    (b) Findings.--Congress finds the following:
            (1) Federal agencies of the United States that engage in 
        even-age logging practices include the Forest Service of the 
        Department of Agriculture, the United States Fish and Wildlife 
        Service, Bureau of Land Management, and Bureau of Indian 
        Affairs of the Department of the Interior, and the Army, Navy, 
        and Air Force of the Department of Defense.
            (2) Even-age logging causes substantial alterations in 
        native biodiversity by emphasizing the production of a limited 
        number of commercial species of trees on each site, generally 
        only one; by manipulating the vegetation toward greater 
        relative density of such commercial species, by suppressing 
        competing species, and by planting, on numerous sites, a 
        commercial strain that was developed to reduce the relative 
        diversity of genetic strains that previously occurred within 
        the species on the same sites.
            (3) Even-age logging kills immobile species and the very 
        young of mobile species of wildlife and depletes the habitat of 
        deep-forest species of animals, including endangered species.
            (4) Even-age logging exposes the soil to direct sunlight 
        and the impact of rains, disrupts the surface, and compacts 
        organic layers. It disrupts the run-off restraining 
        capabilities of roots and low-lying vegetation, which results 
        in soil erosion, the leaching out of nutrients, a reduction in 
        the biological content of the soil, and the impoverishment of 
        the soil. All these consequences have a long-range deleterious 
        effect on all land resources, including timber production.
            (5) Even-age logging decreases the capability of the soil 
        to retain carbon and, during the critical periods of felling 
        and site preparation, reduces the capacity of the biomass to 
        process and to store carbon, with a resultant of loss of such 
        carbon to the atmosphere, thereby aggravating global warming.
            (6) Even-age logging renders the soil increasingly 
        sensitive to acid deposits by causing a decline of soil wood 
        and coarse woody debris, thereby reducing the capacity of the 
        soil to retain water and nutrients, which increases soil heat 
        and impairs the soil's ability to maintain protective carbon 
        compounds on its surface.
            (7) Even-age logging results in increased stream 
        sedimentation, the silting of stream bottoms, a decline in 
        water quality, and the impairment of life cycles and spawning 
        processes of aquatic life from benthic organisms to large fish, 
        thereby depleting the sports and commercial fisheries of the 
        United States.
            (8) Even-age logging increases harmful edge effects, 
        including blowdowns, invasions by weed species, and heavier 
        losses to predators and competitors.
            (9) Even-age logging decreases the land's recreational 
        values, reducing deep, canopied, variegated, permanent forests, 
        thereby limiting areas where the public can fulfill an 
        expanding need for recreation. Even-age logging replaces such 
        forests with a surplus of clearings that grow into relatively 
        impenetrable thickets of saplings, and then into monoculture 
        tree plantations.
            (10) Human beings depend on native biological resources, 
        including plants, animals, and micro-organisms, for food, 
        medicine, shelter, and other important products, and as a 
        source of intellectual and scientific knowledge, recreation, 
        and aesthetic pleasure.
            (11) Alteration of native biodiversity has serious 
        consequences for human welfare as America irretrievably loses 
        resources for research and agricultural, medicinal, and 
        industrial development.
            (12) Alteration of biodiversity in Federal forests 
        adversely affects the functions of ecosystems and critical 
        ecosystem processes that moderate climate, govern nutrient 
        cycles and soil conservation and production, control pests and 
        diseases, and degrade wastes and pollutants.
            (13) The harm of even-age logging to the natural resources 
        of this Nation and the quality of life of its people are 
        substantial, severe, and avoidable.
            (14) By substituting selection management, as prescribed in 
        this Act, for the even-age system, the Federal agencies now 
        engaged in even-age logging would substantially reduce 
        devastation to the environment and would improve the quality of 
        life of the American people.
            (15) By protecting native biodiversity, as prescribed in 
        this Act, Federal agencies would maintain vital native 
        ecosystems and would improve the quality of life of the 
        American people.
            (16) Selection logging is more job intensive, and therefore 
        provides more employment than even-age logging to manage the 
        same amount of timber production, and produces higher quality 
        sawlogs.
            (17) The court remedies now available to enforce Federal 
        forest laws are inadequate, and should be strengthened by 
        providing for injunctions, declaratory judgments, civil 
        penalties, and reasonable costs of suit.

SEC. 3. EFFECTIVE DATE.

    (a) In General.--This Act and the amendments made by this Act shall 
take effect on the date of the enactment of this Act.
    (b) Effect on Existing Contracts.--The amendments made by this Act 
shall not apply with respect to any contract to sell timber which was 
awarded on or before the date of the enactment of this Act.

          TITLE I--AMENDMENTS TO EXISTING LAND MANAGEMENT LAWS

SEC. 101. AMENDMENT OF FOREST AND RANGELAND RENEWABLE RESOURCES 
              PLANNING ACT OF 1974 RELATING TO NATIONAL FOREST SYSTEM 
              LANDS.

    (a) Conservation of Native Biodiversity.--Section 6(g)(3)(B) of the 
Forest and Rangeland Renewable Resources Planning Act of 1974 (16 
U.S.C. 1604(g)(3)(B)) is amended to read as follows:
                    ``(B) regardless of any other provision in this 
                Act, in each stand and each watershed throughout each 
                forested area, the Secretary shall provide for the 
                conservation or restoration of native biodiversity 
                except during the extraction stage of authorized 
                mineral development or during authorized construction 
                projects, in which events the Secretary shall conserve 
                native biodiversity to the extent possible;''.
    (b) Committee of Scientists.--Section 6(h)(1) of the Forest and 
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 
1604(h)(1)) is amended to read as follows:
    ``(h) Committee of Scientists.--(1) In carrying out the purposes of 
subsection (g) of this section, the Secretary shall appoint a committee 
of scientists who are not officers or employees of the Forest Service 
nor of any other public entity, nor of any entity engaged in whole or 
in part in the production of wood or wood products, and have not 
contracted with or represented any of such entities within a period of 
5 years prior to serving on such committee. 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 assure that an effective interdisciplinary approach is 
proposed and adopted. The committee shall terminate after the 
expiration of 10 years from the date of the enactment of this 
paragraph.''.
    (c) Restriction on Use of Certain Logging Practices.--Section 6 of 
the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 
U.S.C. 1604) is amended by adding at the end the following:
    ``(n) Restriction on Use of Certain Logging Practices.--(1) In each 
stand and watershed throughout each forested area, the Secretary shall 
prohibit any even-age logging and any even-age management after the 
date of the enactment of this subsection.
    ``(2) On each site already under even-age management, the Secretary 
shall (A) prescribe a shift to selection management within one year, or 
(B) cease managing for timber purposes and actively restore the native 
biodiversity, or permit each site to regain its native biodiversity.
    ``(3) For the purposes of this Act:
            ``(A) The term `native biodiversity' means the full range 
        of variety and variability within and among living organisms 
        and the ecological complexes in which they would have occurred 
        in the absence of significant human impact, and encompasses 
        diversity within a species (genetic diversity, species 
        diversity, or age diversity), within a community of species 
        (within-community diversity), between communities of species 
        (between-communities), within a total area such as a watershed 
        (total area), along a plane from ground to sky (vertical), and 
        along the plane of the earth-surface (horizontal). Vertical and 
        horizontal diversity apply to all the other aspects of 
        diversity.
            ``(B) The terms `conserve' and `conservation' refer to 
        protective measures for maintaining existing 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 possible in abundances and distributions that 
        provide for their continued existence and normal functioning, 
        including the viability of populations throughout their natural 
        geographic distributions.
            ``(C) The term `within-community diversity' means the 
        distinctive assemblages of species and ecological processes 
        that occur in different physical settings of the biosphere and 
        distinct parts of the world.
            ``(D) The term `genetic diversity' means the differences in 
        genetic composition within and among populations of a given 
        species.
            ``(E) The term `species diversity' means the richness and 
        variety of native species in a particular location of the 
        world.
            ``(F) The term `age diversity' means the naturally 
        occurring range and distribution of age classes within a given 
        species.
            ``(G) The term `group selection' means a form of selection 
        management that emphasizes the periodic removal of trees, 
        including mature, undesirable, and cull trees in small groups, 
        where they occur that way, with a result of (i) creating 
        openings not to exceed in width in any direction the height of 
        the tallest tree standing within 10 feet outside the edge of 
        the group cut, and (ii) maintaining different age groups in a 
        given stand. In no event will more than 10 percent of the basal 
        area of a stand be felled within 15 years. The foregoing 
        limitation shall not be deemed to establish a 150-year 
        projected felling age as the standard at which individual trees 
        in a stand are to be cut, nor shall native biodiversity be 
        limited to that which occurs within the context of a 150-year 
        projected felling age.
            ``(H) The term `stand' means a biological community with 
        enough identity by location, topography, or dominant species to 
        be managed as a unit, not to exceed 100 acres.
            ``(I) The term `clearcutting' means the logging of more 
        than one-half of the commercial trees in a patch larger than a 
        group defined in subparagraph (F) or in a stand of any size in 
        a short period of time.
            ``(J) The term `even-age management' means the growing of 
        commercial timber so that all trees in a patch or stand are 
        generally within 10 years of the same age. Except for 
        designated leave trees, or clumps of trees, the patch or stand 
        is logged, completely in any acre within a period of 30 years, 
        by clearcutting, salvage logging, seed-tree cutting or 
        shelterwood cutting, or any system other than selection 
        management.
            ``(K) The term `salvage logging' means the felling or 
        further damaging, within any 30-year period, of a greater basal 
        area than 20 square feet per acre of dead, damaged, or other 
        trees, or any combination of such trees.
            ``(L) 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.
            ``(M) The term `selection management' means the application 
        of logging and other actions needed to maintain continuous high 
        forest cover where such cover naturally occurs, recurring 
        natural regeneration of all native species on the site, and the 
        orderly growth and development of trees through a range of 
        diameter or age classes to provide a sustained yield of forest 
        products. Cutting methods that develop and maintain selection 
        stands are individual-tree and group selection.
            ``(N) The term `shelterwood cut' means an even-aged logging 
        operation that leaves a minority (larger than in a seed-tree 
        cut) of the stand as a seed source or protection cover 
        remaining standing for any period of time.
            ``(O) The term `timber purposes' shall include the use, 
        sale, lease, or distribution of trees, or the felling of trees 
        or portions of trees except to create land space for a 
        structure or other use.
    ``(4)(A)(i) The purpose of this paragraph is to foster the widest 
possible enforcement of subsection (g)(3)(B) and this subsection.
    ``(ii) Congress finds that all people of the United States are 
injured by actions on lands to which subsection (g)(3)(B) and this 
subsection apply.
    ``(B) The provisions of subsection (g)(3)(B) and this subsection 
shall be enforced by the Secretary of Agriculture and the Attorney 
General of the United States against any person who violates either of 
them.
    ``(C)(i) Any citizen harmed by a violation of this Act may enforce 
any provision of subsection (g)(3)(B) and this subsection by bringing 
an action for declaratory judgment, temporary restraining order, 
injunction, civil penalty, and other remedies against any alleged 
violator including the United States, in any district court of the 
United States.
    ``(ii) The court, after determining a violation of either of such 
subsections, shall impose a penalty of not less than $5,000 and not 
more than $50,000 per violation, shall issue one or more injunctions 
and other equitable relief and shall award to the plaintiffs reasonable 
costs of litigation including attorney's fees, witness fees and other 
necessary expenses.
    ``(iii) The standard of proof in all actions brought under this 
subparagraph shall be the preponderance of the evidence and the trial 
shall be de novo.
    ``(D) The penalty authorized by subparagraph (C)(ii) shall be paid 
by the violator or violators designated by the court. If that violator 
is the United States of America or a Federal agency or officer, the 
penalty shall be paid to the Judgment Fund, as provided by Congress 
under section 1304 of title 31, United States Code.
    ``(E) The penalty shall be paid from the Judgment Fund within 40 
days after judgment to the person or persons designated to receive it, 
to be applied in protecting or restoring native biodiversity in or 
adjoining Federal land. Any award of costs of litigation and any award 
of attorney fees shall be paid within 40 days after judgment.
    ``(F) The United States, including its agents and employees waives 
its sovereign immunity in all respects in all actions under subsection 
(g)(3)(B) and this subsection. No notice is required to enforce this 
subsection.''.
    (d) Conforming Amendment.--Section 6(g)(2)(F) of the Forest and 
Rangeland Renewable Resource Planning Act of 1974 (16 U.S.C. 
1604(g)(2)(F)) is amended by inserting ``in accordance with subsection 
(g) and'' after ``National Forest System lands.''.

SEC. 102. AMENDMENT OF FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 
              RELATING TO THE PUBLIC LANDS.

    (a) Conservation of Native Biodiversity.--Section 202(c) of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712(c)) is 
amended--
            (1) by redesignating paragraphs (8) and (9) as paragraphs 
        (9) and (10), respectively; and
            (2) by inserting after paragraph (7) the following new 
        paragraph (8):
            ``(8) regardless of any other provision in this Act, in 
        each stand and each watershed throughout each forested area, 
        the Secretary shall provide for the conservation or restoration 
of native biodiversity except during the extraction stage of authorized 
mineral development or during authorized construction projects, in 
which events the Secretary shall conserve native biodiversity to the 
extent possible;''.
    (b) Restriction on Use of Certain Logging Practices.--Section 202 
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) 
is amended by adding at the end the following:
    ``(g) Restriction on Use of Certain Logging Practices.--(1) In each 
stand and watershed throughout each forested area, the Secretary shall 
prohibit any even-age logging and any even-age management after the 
date of the enactment of this subsection.
    ``(2) On each site already under even-age management, the Secretary 
shall (A) prescribe a shift to selection management within one year, or 
(B) cease managing for timber purposes and actively restore the native 
biodiversity, or permit each site to regain its native biodiversity.
    ``(3) For the purposes of this Act:
            ``(A) The term `native biodiversity' means the full range 
        of variety and variability within and among living organisms 
        and the ecological complexes in which they would have occurred 
        in the absence of significant human impact, and encompasses 
        diversity within a species (genetic diversity, species 
        diversity, or age diversity), within a community of species 
        (within-community diversity), between communities of species 
        (between-communities), within a total area such as a watershed 
        (total area), along a plane from ground to sky (vertical), and 
        along the plane of the earth-surface (horizontal). Vertical and 
        horizontal diversity apply to all the other aspects of 
        diversity.
            ``(B) The terms `conserve' and `conservation' refer to 
        protective measures for maintaining existing 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 possible in abundances and distributions that 
        provide for their continued existence and normal functioning, 
        including the viability of populations throughout their natural 
        geographic distributions.
            ``(C) The term `within-community diversity' means the 
        distinctive assemblages of species and ecological processes 
        that occur in different physical settings of the biosphere and 
        distinct parts of the world.
            ``(D) The term `genetic diversity' means the differences in 
        genetic composition within and among populations of a given 
        species.
            ``(E) The term `species diversity' means the richness and 
        variety of native species in a particular location of the 
        world.
            ``(F) The term `age diversity' means the naturally 
        occurring range and distribution of age classes within a given 
        species.
            ``(G) The term `group selection' means a form of selection 
        management that emphasizes the periodic removal of trees, 
        including mature, undesirable, and cull trees in small groups, 
        where they occur that way, with a result of (i) creating 
        openings not to exceed in width in any direction the height of 
        the tallest tree standing within 10 feet outside the edge of 
        the group cut, and (ii) maintaining different age groups in a 
        given stand. In no event will more than 10 percent of the basal 
        area of a stand be felled within 15 years. The foregoing 
        limitation shall not be deemed to establish a 150-year 
        projected felling age as the standard at which individual trees 
        in a stand are to be cut, nor shall native biodiversity be 
        limited to that which occurs within the context of a 150-year 
        projected felling age.
            ``(H) The term `stand' means a biological community with 
        enough identity by location, topography, or dominant species to 
        be managed as a unit, not to exceed 100 acres.
            ``(I) The term `clearcutting' means the logging of more 
        than one-half of the commercial trees in a patch larger than a 
        group defined in subparagraph (F) or in a stand of any size in 
        a short period of time.
            ``(J) The term `even-age management' means the growing of 
        commercial timber so that all trees in a patch or stand are 
        generally within 10 years of the same age. Except for 
        designated leave trees, or clumps of trees, the patch or stand 
        is logged, completely in any acre within a period of 30 years, 
        by clearcutting, salvage logging, seed-tree cutting or 
        shelterwood cutting, or any system other than selection 
        management.
            ``(K) The term `salvage logging' means the felling or 
        further damaging, within any 30-year period, of a greater basal 
        area than 20 square feet per acre of dead, damaged, or other 
        trees, or any combination of such trees.
            ``(L) 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.
            ``(M) The term `selection management' means the application 
        of logging and other actions needed to maintain continuous high 
        forest cover where such cover naturally occurs, recurring 
        natural regeneration of all native species on the site, and the 
        orderly growth and development of trees through a range of 
        diameter or age classes to provide a sustained yield of forest 
        products. Cutting methods that develop and maintain selection 
        stands are individual-tree and group selection.
            ``(N) The term `shelterwood cut' means an even-aged logging 
        operation that leaves a minority (larger than in a seed-tree 
        cut) of the stand as a seed source or protection cover 
        remaining standing for any period of time.
            ``(O) The term `timber purposes' shall include the use, 
        sale, lease, or distribution of trees, or the felling of trees 
        or portions of trees except to create land space for a 
        structure or other use.
    ``(4)(A)(i) The purpose of this paragraph is to foster the widest 
possible enforcement of subsection (c)(8) and this subsection.
    ``(ii) Congress finds that all people of the United States are 
injured by actions on lands to which subsection (c)(8) and this 
subsection apply.
    ``(B) The provisions of subsection (c)(8) and this subsection shall 
be enforced by the Secretary of the Interior and the Attorney General 
of the United States against any person who violates either of them.
    ``(C)(i) Any citizen harmed by a violation of this Act may enforce 
any provision of subsection (c)(8) and this subsection by bringing an 
action for declaratory judgment, temporary restraining order, 
injunction, civil penalty, and other remedies against any alleged 
violator including the United States, in any district court of the 
United States.
    ``(ii) The court, after determining a violation of either of such 
subsections, shall impose a penalty of not less than $5,000 and not 
more than $50,000 per violation, shall issue one or more injunctions 
and other equitable relief and shall award to the plaintiffs reasonable 
costs of litigation including attorney's fees, witness fees and other 
necessary expenses.
    ``(iii) The standard of proof in all actions brought under this 
subparagraph shall be the preponderance of the evidence and the trial 
shall be de novo.
    ``(D) The penalty authorized by subparagraph (C)(ii) shall be paid 
by the violator or violators designated by the court. If that violator 
is the United States of America or a Federal agency or officer, the 
penalty shall be paid to the Judgment Fund, as provided by Congress 
under section 1304 of title 31, United States Code.
    ``(E) The penalty shall be paid from the Judgment Fund within 40 
days after judgment to the person or persons designated to receive it, 
to be applied in protecting or restoring native biodiversity in or 
adjoining Federal land. Any award of costs of litigation and any award 
of attorney fees shall be paid within 40 days after judgment.
    ``(F) The United States, including its agents and employees waives 
its sovereign immunity in all respects in all actions under subsection 
(c)(8) and this subsection. No notice is required to enforce this 
subsection.''.
    (c) Repeal.--Subsection (b) of section 701 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1701 note) is hereby 
repealed.

SEC. 103. AMENDMENT OF NATIONAL WILDLIFE REFUGE SYSTEM ADMINISTRATION 
              ACT OF 1966 RELATING TO THE NATIONAL WILDLIFE REFUGE 
              SYSTEM.

    Section 4 of the National Wildlife Refuge System Administration Act 
of 1966 (16 U.S.C. 668dd) is amended by adding at the end the 
following:
    ``(j) Conservation of Native Biodiversity.--Regardless of any other 
provision in this Act, in each stand and each watershed throughout each 
forested area within the System, the Secretary shall provide for the 
conservation or restoration of native biodiversity, except during the 
extraction stage of authorized mineral development or during authorized 
construction projects, in which events the Secretary shall conserve 
native biodiversity to the extent possible.
    ``(k) Restriction on Use of Certain Logging Practices.--(1) In each 
stand and watershed throughout each forested area, the Secretary shall 
prohibit any even-age logging and any even-age management after the 
date of the enactment of this subsection.
    ``(2) On each site already under even-age management, the Secretary 
shall (A) prescribe a shift to selection management within one year, or 
(B) cease managing for timber purposes and actively restore the native 
biodiversity, or permit each site to regain its native biodiversity.
    ``(3) For the purposes of this subsection:
            ``(A) The term `native biodiversity' means the full range 
        of variety and variability within and among living organisms 
        and the ecological complexes in which they would have occurred 
        in the absence of significant human impact, and encompasses 
        diversity within a species (genetic diversity, species 
        diversity, or age diversity), within a community of species 
        (within-community diversity), between communities of species 
        (between-communities), within a total area such as a watershed 
        (total area), along a plane from ground to sky (vertical), and 
        along the plane of the earth-surface (horizontal). Vertical and 
        horizontal diversity apply to all the other aspects of 
        diversity.
            ``(B) The terms `conserve' and `conservation' refer to 
        protective measures for maintaining existing 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 possible in abundances and distributions that 
        provide for their continued existence and normal functioning, 
        including the viability of populations throughout their natural 
        geographic distributions.
            ``(C) The term `within-community diversity' means the 
        distinctive assemblages of species and ecological processes 
        that occur in different physical settings of the biosphere and 
        distinct parts of the world.
            ``(D) The term `genetic diversity' means the differences in 
        genetic composition within and among populations of a given 
        species.
            ``(E) The term `species diversity' means the richness and 
        variety of native species in a particular location of the 
        world.
            ``(F) The term `age diversity' means the naturally 
        occurring range and distribution of age classes within a given 
        species.
            ``(G) The term `group selection' means a form of selection 
        management that emphasizes the periodic removal of trees, 
        including mature, undesirable, and cull trees in small groups, 
        where they occur that way, with a result of (i) creating 
        openings not to exceed in width in any direction the height of 
        the tallest tree standing within 10 feet outside the edge of 
        the group cut, and (ii) maintaining different age groups in a 
        given stand. In no event will more than 10 percent of the basal 
        area of a stand be felled within 15 years. The foregoing 
        limitation shall not be deemed to establish a 150-year 
        projected felling age as the standard at which individual trees 
        in a stand are to be cut, nor shall native biodiversity be 
        limited to that which occurs within the context of a 150-year 
        projected felling age.
            ``(H) The term `stand' means a biological community with 
        enough identity by location, topography, or dominant species to 
        be managed as a unit, not to exceed 100 acres.
            ``(I) The term `clearcutting' means the logging of more 
        than one-half of the commercial trees in a patch larger than a 
        group defined in subparagraph (F) or in a stand of any size in 
        a short period of time.
            ``(J) The term `even-age management' means the growing of 
        commercial timber so that all trees in a patch or stand are 
        generally within 10 years of the same age. Except for 
        designated leave trees, or clumps of trees, the patch or stand 
        is logged, completely in any acre within a period of 30 years, 
        by clearcutting, salvage logging, seed-tree cutting or 
        shelterwood cutting, or any system other than selection 
        management.
            ``(K) The term `salvage logging' means the felling or 
        further damaging, within a 30-year period, of a greater basal 
        area than 20 square feet per acre of dead, damaged, or other 
        trees, or any combination of such trees.
            ``(L) 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.
            ``(M) The term `selection management' means the application 
        of logging and other actions needed to maintain continuous high 
        forest cover where such cover naturally occurs, recurring 
        natural regeneration of all native species on the site, and the 
        orderly growth and development of trees through a range of 
        diameter or age classes to provide a sustained yield of forest 
        products. Cutting methods that develop and maintain selection 
        stands are individual-tree and group selection.
            ``(N) The term `shelterwood cut' means an even-aged logging 
        operation that leaves a minority (larger than in a seed-tree 
        cut) of the stand as a seed source or protection cover 
        remaining standing for any period of time.
            ``(N) The term `timber purposes' shall include the use, 
        sale, lease, or distribution of trees, or the felling of trees 
        or portions of trees except to create land space for a 
        structure or other use.
    ``(4)(A)(i) The purpose of this paragraph is to foster the widest 
possible enforcement of subsection (j) and this subsection.
    ``(ii) Congress finds that all people of the United States are 
injured by actions on lands to which subsection (j) and this subsection 
apply.
    ``(B) The provisions of subsection (j) and this subsection shall be 
enforced by the Secretary of the Interior and the Attorney General of 
the United States against any person who violates either of them.
    ``(C)(i) Any citizen harmed by a violation of this Act may enforce 
any provision of this subsection by bringing an action for declaratory 
judgment, temporary restraining order, injunction, civil penalty, and 
other remedies against any alleged violator including the United 
States, in any district court of the United States.
    ``(ii) The court, after determining a violation of either of such 
subsections, shall impose a penalty of not less than $5,000 and not 
more than $50,000 per violation, shall issue one or more injunctions 
and other equitable relief and shall award to the plaintiffs reasonable 
costs of litigation including attorney's fees, witness fees and other 
necessary expenses.
    ``(iii) The standard of proof in all actions brought under this 
subparagraph shall be the preponderance of the evidence and the trial 
shall be de novo.
    ``(D) The penalty authorized by subparagraph (C)(ii) shall be paid 
by the violator or violators designed by the court. If that violator is 
the United States of America or a Federal agency or officer, the 
penalty shall be paid to the Judgment Fund, as provided by Congress 
under section 1304 of title 31, United States Code.
    ``(E) The penalty should be paid from the Judgment Fund within 40 
days after judgment to the person or persons designated to receive it, 
to be applied in protecting or restoring native biodiversity in or 
adjoining Federal land. Any award of costs of litigation and any award 
of attorney fees shall be paid within 40 days after judgment.
    ``(F) The United States, including its agents and employees waives 
its sovereign immunity in all respects in all actions under subsection 
(j) and this subsection. No notice is required to enforce this 
subsection.''.

SEC. 104. AMENDMENT OF NATIONAL INDIAN FOREST RESOURCES MANAGEMENT ACT 
              RELATING TO INDIAN LANDS.

    Section 305 of the National Indian Forest Resources Management Act 
(25 U.S.C. 4535) is amended by adding at the end the following new 
subsections:
    ``(c) Conservation of Native Biodiversity.--Regardless of any other 
provision in this Act, in each stand and each watershed throughout each 
stand that is managed or operated for timber purposes in each forested 
area on Indian lands except during the extraction stage of authorized 
mineral development or during authorized construction projects in which 
events the Secretary shall conserve native biodiversity to the extent 
possible.
    ``(d) Restriction on Use of Certain Logging Practices.--(1) In each 
stand and watershed throughout each forested area, the Secretary shall 
prohibit any even-age logging and any even-age management after the 
date of the enactment of this subsection.
    ``(2) On each site already under even-age management, the Secretary 
shall (A) prescribe a shift to selection management within one year, or 
(B) cease managing for timber purposes and actively restore the native 
biodiversity, or permit each site to regain its native biodiversity.
    ``(3) For the purposes of this section:
            ``(A) The term `native biodiversity' means the full range 
        of variety and variability within and among living organisms 
        and the ecological complexes in which they would have occurred 
        in the absence of significant human impact, and encompasses 
        diversity within a species (genetic diversity, species 
        diversity, or age diversity), within a community of species 
        (within-community diversity), between communities of species 
        (between-communities), within a total area such as a watershed 
        (total area), along a plane from ground to sky (vertical), and 
        along the plane of the earth-surface (horizontal). Vertical and 
        horizontal diversity apply to all the other aspects of 
        diversity.
            ``(B) The terms `conserve' and `conservation' refer to 
        protective measures for maintaining existing 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 possible in abundances and distributions that 
        provide for their continued existence and normal functioning, 
        including the viability of populations throughout their natural 
        geographic distributions.
            ``(C) The term `within-community diversity' means the 
        distinctive assemblages of species and ecological processes 
        that occur in different physical settings of the biosphere and 
        distinct parts of the world.
            ``(D) The term `genetic diversity' means the differences in 
        genetic composition within and among populations of a given 
        species.
            ``(E) The term `species diversity' means the richness and 
        variety of native species in a particular location of the 
        world.
            ``(F) The term `age diversity' means the naturally 
        occurring range and distribution of age classes within a given 
        species.
            ``(G) The term `group selection' means a form of selection 
        management that emphasizes the periodic removal of trees, 
        including mature, undesirable, and cull trees in small groups, 
        where they occur that way, with a result of (i) creating 
        openings not to exceed in width in any direction the height of 
        the tallest tree standing within 10 feet outside the edge of 
        the group cut, and (ii) maintaining different age groups in a 
        given stand. In no event will more than 10 percent of the basal 
        area of a stand be felled within 15 years. The foregoing 
        limitation shall not be deemed to establish a 150-year 
        projected felling age as the standard at which individual trees 
        in a stand are to be cut, nor shall native biodiversity be 
        limited to that which occurs within the context of a 150-year 
        projected felling age.
            ``(H) The term `stand' means a biological community with 
        enough identity by location, topography, or dominant species to 
        be managed as a unit, not to exceed 100 acres.
            ``(I) The term `clearcutting' means the logging of more 
        than one-half of the commercial trees in a patch larger than a 
        group defined in subparagraph (F) or in a stand of any size in 
        a short period of time.
            ``(J) The term `even-age management' means the growing of 
        commercial timber so that all trees in a patch or stand are 
        generally within 10 years of the same age. Except for 
        designated leave trees, or clumps of trees, the patch or stand 
        is logged, completely in any acre within a period of 30 years, 
        by clearcutting, salvage logging, seed-tree cutting or 
        shelterwood cutting, or any system other than selection 
        management.
            ``(K) The term `salvage logging' means the felling or 
        further damaging, within any 30-year period, of a greater basal 
        area than 20 square feet per acre of dead, damaged, or other 
        trees, or any combination of such trees.
            ``(L) 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.
            ``(M) The term `selection management' means the application 
        of logging and other actions needed to maintain continuous high 
        forest cover where such cover naturally occurs, recurring 
        natural regeneration of all native species on the site, and the 
        orderly growth and development of trees through a range of 
        diameter or age classes to provide a sustained yield of forest 
        products. Cutting methods that develop and maintain selection 
        stands are individual-tree and group selection.
            ``(N) The term `shelterwood cut' means an even-aged logging 
        operation that leaves a minority (larger than in a seed-tree 
        cut) of the stand as a seed source or protection cover 
        remaining standing for any period of time.
            ``(O) The term `timber purposes' shall include the use, 
        sale, lease, or distribution of trees, or the felling of trees 
        or portions of trees except to create land space for a 
        structure or other use.
    ``(4)(A)(i) The purpose of this paragraph is to foster the widest 
possible enforcement of subsection (c) and this subsection.
    ``(ii) Congress finds that all people of the United States are 
injured by actions on lands to which subsection (c) and this subsection 
apply.
    ``(B) The provisions of subsection (c) and this subsection shall be 
enforced by the Secretary of the Interior and the Attorney General of 
the United States against any person who violates either of them.
    ``(C)(i) Any citizen harmed by a violation of this Act may enforce 
any provision of subsection (c) and this subsection by bringing an 
action for declaratory judgment, temporary restraining order, 
injunction, civil penalty, and other remedies against any alleged 
violator including the United States, in any district court of the 
United States.
    ``(ii) The court, after determining a violation of either of such 
subsections shall impose a penalty of not less than $5,000 and not more 
than $50,000 per violation, shall issue one or more injunctions and 
other equitable relief and shall award to the plaintiffs reasonable 
costs of litigation including attorney's fees, witness fees and other 
necessary expenses.
    ``(iii) The standard of proof in all actions brought under this 
subparagraph shall be the preponderance of the evidence and the trial 
shall be de novo.
    ``(D) The penalty authorized by subparagraph (C)(ii) shall be paid 
by the violator or violators designated by the court. If that violator 
is the United States of America or a Federal agency or officer, the 
penalty shall be paid to the Judgment Fund, as provided by Congress 
under section 1304 of title 31, United States Code.
    ``(E) The penalty should be paid from the Judgment Fund within 40 
days after judgment to the person or persons designated to receive it, 
to be applied in protecting or restoring native biodiversity in or 
adjoining Federal land. Any award of costs of litigation and any award 
of attorney fees shall be paid within 40 days after judgment.
    ``(F) The United States, including its agents and employees waives 
its sovereign immunity in all respects in all actions under subsection 
(c) and this subsection. No notice is required to enforce this 
subsection.''.

SEC. 105. AMENDMENT OF TITLE 10, UNITED STATES CODE, RELATING TO FOREST 
              MANAGEMENT ON MILITARY LANDS.

    (a) In General.--Chapter 159 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2694. Conservation of native biodiversity
    ``(a) Conservation of Native Biodiversity.--Regardless of any other 
provision in this Act, in each stand and each watershed throughout each 
forested area on a military installation or projects administered by 
the Army Corps of Engineers, the Secretary concerned shall provide for 
the conservation or restoration of native biodiversity, except during 
authorized construction projects in which events the Secretary shall 
conserve native biodiversity to the extent possible.
    ``(b) Restriction on Use of Certain Logging Practices.--(1) In each 
stand and watershed throughout each forested area, the Secretary shall 
prohibit any even-age logging and any even-age management after the 
date of the enactment of this subsection.
    ``(2) On each site already under even-age management, the Secretary 
shall (A) prescribe a shift to selection management within one year, or 
(B) cease managing for timber purposes and actively restore the native 
biodiversity, or permit each site to regain its native biodiversity.
    ``(3) In this section:
            ``(A) The term `native biodiversity' means the full range 
        of variety and variability within and among living organisms 
        and the ecological complexes in which they would have occurred 
        in the absence of significant human impact, and encompasses 
        diversity within a species (genetic diversity, species 
        diversity, or age diversity), within a community of species 
        (within-community diversity), between communities of species 
        (between-communities), within a total area such as a watershed 
        (total area), along a plane from ground to sky (vertical), and 
        along the plane of the earth-surface (horizontal). Vertical and 
        horizontal diversity apply to all the other aspects of 
        diversity.
            ``(B) The terms `conserve' and `conservation' refer to 
        protective measures for maintaining existing 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 possible in abundances and distributions that 
        provide for their continued existence and normal functioning, 
        including the viability of populations throughout their natural 
        geographic distributions.
            ``(C) The term `within-community diversity' means the 
        distinctive assemblages of species and ecological processes 
        that occur in different physical settings of the biosphere and 
        distinct parts of the world.
            ``(D) The term `genetic diversity' means the differences in 
        genetic composition within and among populations of a given 
        species.
            ``(E) The term `species diversity' means the richness and 
        variety of native species in a particular location of the 
        world.
            ``(F) The term `group selection' means a form of selection 
        management that emphasizes the periodic removal of trees, 
        including mature, undesirable, and cull trees in small groups, 
        where they occur that way, with a result of (i) creating 
        openings not to exceed in width in any direction the height of 
        the tallest tree standing within 10 feet outside the edge of 
        the group cut, and (ii) maintaining different age groups in a 
        given stand. In no event will more than 10 percent of the basal 
        area of a stand be felled within 15 years. The foregoing 
        limitation shall not be deemed to establish a 150-year 
        projected felling age as the standard at which individual trees 
        in a stand are to be cut, nor shall native biodiversity be 
        limited to that which occurs within the context of a 150-year 
        projected felling age.
            ``(G) The term `stand' means a biological community with 
        enough identity by location, topography, or dominant species to 
        be managed as a unit, not to exceed 100 acres.
            ``(H) The term `clearcutting' means the logging of more 
        than one-half of the commercial trees in a patch larger than a 
        group defined in subparagraph (F) or in a stand of any size in 
        a short period of time.
            ``(I) The term `even-age management' means the growing of 
        commercial timber so that all trees in a patch or stand are 
        generally within 10 years of the same age. Except for 
        designated leave trees, or clumps of trees, the patch or stand 
        is logged completely in any acre within a period of 30 years, 
        by clearcutting, salvage logging, seed-tree cutting or 
        shelterwood cutting, or any system other than selection 
        management.
            ``(J) The term `salvage logging' means the felling or 
        further damaging, within any 30-year period, of a greater basal 
        area than 20 square feet per acre of dead, damaged, or other 
        trees, or any combination of such trees.
            ``(K) 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) The term `selection management' means the application 
        of logging and other actions needed to maintain continuous high 
        forest cover where such cover naturally occurs, recurring 
        natural regeneration of all native species on the site, and the 
        orderly growth and development of trees through a range of 
        diameter or age classes to provide a sustained yield of forest 
        products. Cutting methods that develop and maintain selection 
        stands are individual-tree and group selection.
            ``(M) The term `shelterwood cut' means an even-aged logging 
        operation that leaves a minority (larger than in a seed-tree 
        cut) of the stand as a seed source or protection cover 
        remaining standing for any period of time.
            ``(O) The term `timber purposes' shall include the use, 
        sale, lease, or distribution of trees, or the felling of trees 
        or portions of trees except to create land space for a 
        structure or other use.
    ``(4)(A)(i) The purpose of this paragraph is to foster the widest 
possible enforcement of this section.
    ``(ii) Congress finds that all people of the United States are 
injured by actions on lands to which this section applies.
    ``(B) The provisions of this section shall be enforced by the 
Secretary of Defense and the Attorney General of the United States 
against any person who violates this section.
    ``(C)(i) Any citizen harmed by a violation of this Act may enforce 
any provision of this section by bringing an action for declaratory 
judgment, temporary restraining order, injunction, civil penalty, and 
other remedies against any alleged violator including the United 
States, in any district court of the United States.
    ``(ii) The court, after determining a violation of this section, 
shall impose a penalty of not less than $5,000 and not more than 
$50,000 per violation, shall issue one or more injunctions and other 
equitable relief and shall award to the plaintiffs reasonable costs of 
litigation including attorney's fees, witness fees and other necessary 
expenses.
    ``(iii) The standard of proof in all actions brought under this 
subparagraph shall be the preponderance of the evidence and the trial 
shall be de novo.
    ``(D) The penalty authorized by subparagraph (C)(ii) shall be paid 
by the violator or violators designated by the court. If that violator 
is the United States of America or a Federal agency or officer, the 
penalty shall be paid to the Judgment Fund, as provided by Congress 
under section 1304 of title 31, United States Code.
    ``(E) The penalty should be paid from the Judgment Fund within 40 
days after judgment to the person or persons designated to receive it, 
to be applied in protecting or restoring native biodiversity in or 
adjoining Federal land. Any award of costs of litigation and any award 
of attorney fees shall be paid within 40 days after judgment.
    ``(F) The United States, including its agents and employees waives 
its sovereign immunity in all respects in all actions under this 
section. No notice is required to enforce this section.''.
    (b) Conforming Amendment.--The table of sections for chapter 159 of 
title 10, United States Code, is amended by adding at the end the 
following new item:

``2694. Conservation of native biodiversity.''.

TITLE II--PROTECTION FOR NORTHWEST ANCIENT FORESTS, ROADLESS AREAS, AND 
                             SPECIAL AREAS

SEC. 201. DEFINITIONS AND FINDINGS.

    (a) Definitions.--For purposes of this title:
            (1) Extractive logging.--The term ``extractive logging'' 
        means the cutting or removal of any trees from Federal forest 
        lands for any purpose.
            (2) Northwest ancient forests.--The term ``Northwest 
        Ancient Forests'' refers to--
                    (A) lands identified as Late-Successional Reserves, 
                Riparian Reserves, and Key Watersheds under the heading 
                ``Alternative 1'' of the report ``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.'', dated February 1994; and
                    (B) lands identified by the term ``Medium and Large 
                Conifer Multi-Storied, Canopied Forests'' as defined in 
                ``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.'', dated February 1994.
            (3) Improved roads.--The term ``improved roads'' means any 
        roads maintained for travel by standard passenger type 
        vehicles.
            (4) Roadless areas.--The term ``roadless areas'' means 
        those contiguous parcels of Federal land that are devoid of 
        improved roads, except as permitted by subparagraph (B), and--
                    (A) are greater than or equal to 5,000 acres west 
                of the 100th meridian;
                    (B) are greater than or equal to 1,500 acres east 
                of the 100th meridian, but possibly containing up to 
                \1/2\ mile of improved roads per 1,000 acres; or
                    (C) are less than 5,000 acres, but are contiguous 
                to existing Wilderness, Primitive Areas, 
                Administration-endorsed Wilderness, or roadless areas 
                in other Federal ownership, regardless of their size.
            (5) Special areas.--The term ``Special Areas'' means 
        certain areas of Federal land designated in section 202 that 
        are to be managed according to the instructions of section 
        203(c).
            (6) Secretary concerned.--The term ``Secretary concerned'' 
        means the head of the Federal agency having jurisdiction over 
        Federal lands included within a Northwest Ancient Forest, 
        roadless area, or Special Area.
    (b) Findings.--Congress finds the following:
            (1) Unfragmented forests on Federal lands are unique and 
        valuable assets to the general public which are damaged by 
        extractive logging.
            (2) Less than 10 percent of the original unlogged forests 
        of the United States remain. The vast majority of the remnants 
        of America's original forests are located on Federal lands.
            (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 
        currently 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 lands are 
        carried out at enormous financial costs to the United States 
        Treasury and American taxpayers.
            (8) The Northwest Ancient Forests continue to be threatened 
        by logging and deforestation and are rapidly disappearing.
            (9) Northwest 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 Northwest 
        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 Northwest 
        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) Roadless areas contain many of the largest 
        unfragmented forests on Federal lands. Large unfragmented 
        forests 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 
        lands are valuable to the American public and are damaged by 
        extractive logging in these areas.
            (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 lands are 
        considered sacred sites by native peoples.
            (20) As a legacy for the enjoyment, knowledge, and well-
        being of future generations, provisions must be made for the 
        protection and perpetuation of America's Northwest Ancient 
        Forests, roadless areas, and Special Areas.

SEC. 202. DESIGNATION OF SPECIAL AREAS.

    (a) Description of Special Areas.--
            (1) In general.--Special areas are parcels of Federal 
        forest land that possess outstanding biological, scenic, 
        recreational, or cultural values, exemplary on a regional 
        national or international level, yet may not meet the 
        definitions of Northwest Ancient Forests or roadless areas.
            (2) Biological values.--Biological values include--
                    (A) the presence of 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.
            (3) Scenic values.--Scenic values include--
                    (A) unusual geological formations;
                    (B) designated wild and scenic rivers;
                    (C) unique biota; and
                    (D) vistas.
            (4) Recreational values.--Recreational values include--
                    (A) designated National Recreational Trails or 
                Recreational Areas;
                    (B) popular areas for recreation and sports 
                including--
                            (i) hunting;
                            (ii) fishing;
                            (iii) camping;
                            (iv) hiking;
                            (v) aquatic recreation; and
                            (vi) winter recreation;
                    (C) Federal lands in regions that are underserved 
                in terms of recreation;
                    (D) lands adjacent to designated Wilderness Area; 
                and
                    (E) solitude.
            (5) Cultural values.--Cultural values include--
                    (A) sites with Native American religious 
                significance; and
                    (B) historic or prehistoric archaeological sites 
                eligible for the national historic register.
    (b) Size Variation.--Special areas may vary in size to encompass 
the outstanding biological, scenic, recreational, or cultural value or 
values to be protected.
    (c) Designation of Special Areas.--For purposes of this title, 
there are hereby designated the following Special Areas, which shall be 
subject to the management restrictions specified in section 203(c):
            (1) Alabama: sipsey wilderness.--Certain lands in the 
        Bankhead National Forest in Alabama, which comprise 
        approximately 20,000 acres, located directly west of Highway 33 
        and directly north of County Road 60, including all of the 
        Sipsey River Watershed north of Cranal Road, known as the 
        ``Sipsey Wilderness''.
            (2) Alaska.--
                    (A) Turnagain arm.--Certain lands in the Chugach 
                National Forest, Kenai Peninsula, Alaska, which 
                comprise approximately 100,000 acres, known as 
                ``Turnagain Arm'', extending from sea level to ridgetop 
                surrounding the inlet of Turnagain Arm.
                    (B) Honker divide.--Certain lands in the Tongass 
                National Forest in Alaska, which comprise 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 lands 
        in the Kaibab National Forest, Arizona, included in the Grand 
        Canyon Game Preserve, which comprise 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 lands in 
                the Ouachita National Forest, Mena Ranger District, 
                Polk County, Arkansas, comprising approximately 7,000 
                acres, bounded approximately by the following 
                landmarks: on the north by County Road 95; on the south 
                by County Road 157; on the east by County Road 48 and 
                on the west by the Arkansas-Oklahoma border, known as 
                ``Cow Creek Drainage, Arkansas''.
                    (B) Leader and brush mountains.--Certain lands in 
                the Ouachita National Forest of Montgomery and Polk 
                Counties, Arkansas, known as ``Leader and Brush 
                Mountains'', which comprise approximately 120,000 acres 
                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 lands in the Ouachita 
                National Forest, Mena Ranger District, Arkansas, 
                comprising 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 lands 
                in the Ozark National Forest, Sylamore Ranger District, 
                totaling approximately 6,000 acres, known as ``The 
                Lower Buffalo River Watershed''. The area is comprised 
                of those Forest Service lands, not already designated 
                as Wilderness, located in the watershed of Big Creek, 
                southwest of the Leatherwood Wilderness Area in Searcy 
                and Marion Counties, Arkansas.
                    (E) Upper buffalo river watershed.--Certain lands 
                in the Ozark National Forest, Buffalo Ranger District, 
                totaling approximately 220,000 acres known as the 
                ``Upper Buffalo River Watershed''. This area is located 
                approximately 35 miles from the town of Harrison, in 
                Madison, Newton and Searcy Counties, Arkansas. The 
                Upper Buffalo River Watershed is comprised of those 
                Forest Service lands, not already designated as 
                Wilderness Areas, upstream of the confluence of the 
                Buffalo River and Richland Creek and located in the 
                following watersheds: Buffalo River, the various 
streams comprising the Headwaters of the Buffalo River, Richland Creek, 
Little Buffalo Headwaters, Edgmon Creek, Big Creek and Cane Creek.
            (5) California: giant sequoia preserve.--Certain lands in 
        the Sequoia and Sierra National Forests in California comprised 
        of 3 discontinuous parcels, totaling approximately 442,425 
        acres known as the ``Giant Sequoia Preserve'' located in 
        Fresno, Tulare, and Kern Counties. All 3 parcels are located in 
        the Southern Sierra Nevada mountain range; the Kings River Unit 
        (145,600 acres) and nearby proposed Redwood Mountain Unit 
        (11,730 acres) are located approximately 25 miles east of the 
        city of Fresno. The South Unit (285,095 acres) is approximately 
        15 miles east of the city of Porterville.
            (6) Colorado: cochetopa hills.--Certain lands in the 
        Gunnison Basin area administered by the Gunnison, Grand Mesa, 
        Uncompahgre, and Rio Grand National Forests, comprising 
        approximately 500,000 acres, known as the ``Cochetopa Hills''. 
        This area spans the continental divide south and east of 
        Gunnison in Saguache County, Colorado and includes the Elk and 
        West Elk Mountains, Grand Mesa, the Uncompahgre Plateau, the 
        northern San Juans, the La Garitas and the Cochetopa Hills.
            (7) Georgia.--
                    (A) Armuchee cluster.--Certain lands in the 
                Chattahoochee National Forest, Armuchee Ranger 
                District, totaling approximately 19,700 acres, known as 
                the ``Armuchee Cluster''. The cluster is comprised of 
                three parcels known as Rocky Face, Johns Mountain and 
                Hidden Creek. The cluster is located approximately 10 
                miles southwest of Dalton and 14 miles north of Rome, 
                Whitfield, Walker, Chattooga, Floyd, and Gordon 
                Counties, Georgia.
                    (B) Blue ridge corridor cluster, georgia areas.--
                Certain lands in the Chattahoochee National Forest, 
                Chestatee Ranger District, totaling approximately 
                15,000 acres, known as the ``Blue Ridge Corridor 
                Cluster, Georgia Areas''. The cluster is comprised of 
                the following 5 parcels: Horse Gap, Hogback Mountain, 
                Blackwell Creek, Little Cedar Mountain, and Black 
                Mountain. The cluster is located approximately 15 to 20 
                miles north of the town of Dahlonega, Union and Lumpkin 
                Counties, Georgia.
                    (C) Chattooga watershed cluster, georgia areas.--
                Certain lands in the Chattahoochee National Forest, 
                Tallulah Ranger District, comprising 63,500 acres known 
                as the ``Chattooga Watershed Cluster, Georgia Areas''. 
                This cluster is comprised of 7 areas, located in Rabun 
                County, Georgia, known as the following: Rabun Bald, 
                Three Forks, Ellicott Rock Extension, Rock Gorge, Big 
                Shoals, Thrift's Ferry, and Five Falls. The towns of 
                Clayton, Georgia, and Dillard, South Carolina are 
                situated nearby.
                    (D) Cohutta cluster.--Certain lands in the 
                Chattahoochee National Forest, Cohutta Ranger District, 
                totaling approximately 28,000 acres, known as the 
                ``Cohutta Cluster''. The cluster is comprised of four 
                parcels known as Cohutta Extensions, Grassy Mountain, 
                Emery Creek, and Mountaintown. The cluster is located 
                near the towns of Chatsworth and Ellijay, Murray, 
                Fannin, and Gilmer Counties, Georgia.
                    (E) Duncan ridge cluster.--Certain lands in the 
                Chattahoochee National Forest, Brasstown and Toccoa 
                Ranger Districts, comprising approximately 17,000 acres 
                known as the ``Duncan Ridge Cluster''. The cluster is 
                comprised of the following four parcels: Licklog 
                Mountain, Duncan Ridge, Board Camp, and Cooper Creek 
                Scenic Area Extension. The cluster is located 
                approximately 10 to 15 miles south of the town of 
                Blairsville in Union and Fannin Counties, Georgia.
                    (F) Ed jenkins national recreation area cluster.--
                Certain lands in the Chattahoochee National Forest, 
                Toccoa and Chestatee Ranger Districts, totaling 
                approximately 19,300 acres, known as the ``Ed Jenkins 
                National Recreation Area Cluster''. The cluster is 
                comprised of the Springer Mountain, Mill Creek, and 
                Toonowee parcels. The cluster is located 30 miles north 
                of the town of Dahlonega, Fannin, Dawson, and Lumpkin 
                Counties, Georgia.
                    (G) Gainesville ridges cluster.--Certain lands in 
                the Chattahoochee National Forest, Chattooga Ranger 
                District, totaling approximately 14,200 acres, known as 
                the ``Gainesville Ridges Cluster''. The cluster 
is comprised of the following three parcels: Panther Creek, Tugaloo 
Uplands, and Middle Fork Broad River. The cluster is located 
approximately 10 miles from the town of Toccoa, Habersham and Stephens 
Counties, Georgia.
                    (H) Northern blue ridge cluster, georgia areas.--
                Certain lands in the Chattahoochee National Forest, 
                Brasstown and Tallulah Ranger Districts, totaling 
                approximately 46,000 acres, known as the ``Northern 
                Blue Ridge Cluster, Georgia Areas''. The cluster is 
                comprised of the following eight areas: 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. The cluster is located approximately 5 
                to 15 miles north of Helen, 5 to 15 miles southeast of 
                Hiawassee, north of Clayton and west of Dillard, White, 
                Towns and Rabun Counties, Georgia.
                    (I) Rich mountain cluster.--Certain lands in the 
                Chattahoochee National Forest, Toccoa Ranger District, 
                totaling approximately 9,500 acres known as the ``Rich 
                Mountain Cluster''. The cluster is comprised of the 
                parcels known as Rich Mountain Extension and Rocky 
                Mountain. The cluster is located 10 to 15 miles 
                northeast of the town of Ellijay, Gilmer and Fannin 
                Counties, Georgia.
                    (J) Wilderness heartlands cluster, georgia areas.--
                Certain lands in the Chattahoochee National Forest, 
                Chestatee, Brasstown and Chattooga Ranger Districts, 
                comprising approximately 16,500 acres, known as the 
                ``Wilderness Heartlands Cluster, Georgia Areas''. The 
                cluster is comprised of four parcels known as the 
                following: Blood Mountain Extensions, Raven Cliffs 
                Extensions, Mark Trail Extensions, and Brasstown 
                Extensions. The cluster is located near the towns of 
                Dahlonega, Cleveland, Helen, and Blairsville, Lumpkin, 
                Union, White, and Towns Counties, Georgia.
            (8) Idaho.--
                    (A) Cove/mallard.--Certain lands in the Nez Perce 
                National Forest in Idaho, which comprise approximately 
                94,000 acres, located approximately 30 miles southwest 
                of the town of Elk City, west of the town of Dixie, in 
                the area generally known as ``Cove/Mallard''.
                    (B) Meadow creek.--Certain lands in the Nez Perce 
                National Forest in Idaho, which comprise 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 lands in 
                the Payette National Forest in Idaho, which comprise 
                approximately 141,000 acres, located approximately 20 
                miles north of the town of McCall in the area generally 
                known as ``French Creek/Patrick Butte''.
            (9) Illinois.--
                    (A) Cripps bend.--Certain lands in the Shawnee 
                National Forest in Illinois, which comprise 
                approximately 39 acres in Jackson County in the Big 
                Muddy River watershed, in the area generally known as 
                ``Cripps Bend''.
                    (B) Opportunity area 6.--Certain lands in the 
                Shawnee National Forest in Illinois, which comprise 
                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 lands in the Shawnee 
                National Forest in Illinois, which comprise 
                approximately 490 acres located in northern Pope 
                County, in the Quarrel Creek watershed, in the area 
                generally known as ``Quarrel Creek''.
            (10) Michigan: trap hills.--Certain lands 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, 
        Ontonagon County, Michigan.
            (11) Minnesota: trout lake and suomi hills.--Certain lands 
        in the Chippewa National Forest, comprising approximately 
        12,000 acres, known as ``Trout Lake/Suomi Hills'' in Itasca 
        County, Minnesota.
            (12) Missouri: eleven point-big springs area.--Certain 
        lands in the Mark Twain National Forest in Missouri, Eleven 
        Point Ranger District, totaling approximately 200,000 acres, 
        comprised of the administrative area of the Eleven Point Ranger 
        District, known as the ``Eleven Point-Big Springs Area''.
            (13) Montana: mount bushnell.--Certain lands in the Lolo 
        National Forest in Montana, which comprise approximately 41,000 
        acres located approximately 5 miles southwest of the town of 
        Thompson Falls in the area generally known as ``Mount 
        Bushnell''.
            (14) New mexico.--
                    (A) Angostura.--Certain lands in the east half of 
                the Carson National Forest in New Mexico, Camino Real 
                Ranger District, totaling approximately 10,000 acres 
                located in Township 21, Ranges 12 and 13, known as 
                ``Angostura''. The area's approximate boundaries are as 
                follows: the northeast boundary is formed by Highway 
                518, the southeast boundary consists of the Angostura 
                Creek watershed boundary, the southern boundary is 
                Trail 19 and the Pecos Wilderness, and on the west, the 
                boundary is formed by the Agua Piedra Creek watershed.
                    (B) La manga.--Certain lands in the western half of 
                the Carson National Forest, El Rito Ranger District, 
                New Mexico, Vallecitos Sustained Yield Unit, comprising 
                approximately 5,400 acres, known as ``La Manga''. The 
                parcel is in Township 27, Range 6 and bounded on the 
                north by the Tierra Amarilla Land Grant, on the south 
                by Canada Escondida, on the west by the Sustained Yield 
                Unit boundary and the Tierra Amarilla Land Grant, and 
                on the east by the Rio Vallecitos.
                    (C) Elk mountain.--Certain lands in the Santa Fe 
                National Forest, New Mexico, comprising approximately 
                7,220 acres, known as ``Elk Mountain'' and located in 
                Townships 17 and 18 and Ranges 12 and 13. The area is 
                bounded on the north by the Pecos Wilderness, the Cow 
                Creek Watershed forms the eastern boundary and the Cow 
                Creek, itself, forms the western boundary. The southern 
                boundary is formed by Rito de la Osha.
                    (D) Jemez highlands.--Certain lands 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, New Mexico.
            (15) North carolina.--
                    (A) Central nantahala cluster, north carolina 
                areas.--Certain lands 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''. The cluster 
                is comprised of the following nine parcels: Tusquitee 
                Bald, Shooting Creek Bald, Cheoah Bald, Piercy Bald, 
                Wesser Bald, Tellico Bald, Split White Oak, Siler Bald, 
                and Southern Nantahala Extensions. The cluster is 
                located near the towns of Murphy, Franklin, Bryson 
                City, Andrews, and Beechertown, Cherokee, Macon, Clay 
                and Swain Counties, North Carolina.
                    (B) Chattooga watershed cluster, north carolina 
                areas.--Certain lands in the Nantahala National Forest, 
                Highlands Ranger District, totaling approximately 8,000 
                acres, known as the ``Chattooga Watershed Cluster, 
                North Carolina Areas''. The cluster is comprised of the 
                Overflow (Blue Valley) and Terrapin Mountain parcels. 
                The cluster is located five miles from the town of 
                Highlands, Macon and Jackson Counties, North Carolina.
                    (C) Tennessee border cluster, north carolina 
                areas.--Certain lands in the Nantahala National Forest, 
                Tusquitee and Cheoah Ranger Districts, totaling 
                approximately 28,000 acres, known as the ``Tennessee 
                Border Cluster, North Carolina Areas''. The cluster is 
                comprised of the four following parcels: Unicoi 
                Mountains, Deaden Tree, Snowbird, and Joyce Kilmer-
                Slickrock Extension. The cluster is located near the 
                towns of Murphy and Robbinsville, Cherokee and Graham 
                Counties, North Carolina.
                    (D) Bald mountains.--Certain lands in the Pisgah 
                National Forest, French Broad Ranger District, totaling 
                approximately 13,000 acres known as the ``Bald 
                Mountains'', located 12 miles northeast of Hot Springs, 
                Madison County, North Carolina.
                    (E) Big ivy tract.--Certain lands in the Pisgah 
                National Forest in North Carolina, which comprise 
                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 lands in the Pisgah National Forest, 
                Toecane and Grandfather Ranger Districts, totaling 
approximately 62,000 acres, known as the ``Black Mountains Cluster, 
North Carolina Areas''. The cluster is comprised of the following five 
parcels: Craggy Mountains, Black Mountains, Jarrett Creek, Mackey 
Mountain, and Woods Mountain. The cluster is located near the towns of 
Burnsville, Montreat and Marion, Buncombe, Yancey and McDowell 
Counties, North Carolina.
                    (G) Linville cluster.--Certain lands in the Pisgah 
                National Forest, Grandfather Ranger District, totaling 
                approximately 42,000 acres known as the ``Linville 
                Cluster''. The cluster is comprised of the following 
                seven parcels: Dobson Knob, Linville Gorge Extension, 
                Steels Creek, Sugar Knob, Harper Creek, Lost Cove and 
                Upper Wilson Creek. The cluster is located near the 
                towns of Marion, Morgantown, Spruce Pine, Linville, and 
                Blowing Rock, Burke, McDowell, Avery and Caldwell 
                Counties, North Carolina.
                    (H) Nolichucky, north carolina area.--Certain lands 
                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, Mitchell and Yancey Counties, 
                North Carolina.
                    (I) Pisgah cluster, north carolina areas.--Certain 
                lands in the Pisgah National Forest, Pisgah Ranger 
                District, totaling approximately 52,000 acres, known as 
                the ``Pisgah Cluster, North Carolina Areas''. The 
                cluster is comprised of the following 5 parcels: 
                Shining Rock and Middle Prong Extensions, Daniel Ridge, 
                Cedar Rock Mountain, South Mills River, and Laurel 
                Mountain. The cluster is located 5 to 12 miles north of 
                the town of Brevard and southwest of the city of 
                Asheville, Haywood, Transylvania, and Henderson 
                Counties, North Carolina.
                    (J) Wildcat.--Certain lands 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, 
                Haywood County, North Carolina.
            (16) Ohio.--
                    (A) Archers fork complex.--Certain lands in the 
                Marietta Unit of the Athens Ranger District, in the 
                Wayne National Forest, Washington County, Ohio, known 
                as ``Archers Fork Complex'', comprising approximately 
                18,350 acres, located northeast of Newport and bounded 
                by State Highway 26 to the northwest, State Highway 260 
                to the northeast, the Ohio River to the southeast and 
                Bear Run and Danas Creek to the southwest.
                    (B) Bluegrass ridge.--Certain lands in the Ironton 
                Ranger District on the Wayne National Forest, Lawrence 
                County, Ohio, known as ``Bluegrass Ridge'', comprising 
                approximately 4,000 acres, located three miles east of 
                Etna in Township 4 North, Range 17 West, sections 19-
                23, 27-30.
                    (C) Buffalo creek.--Certain lands in the Ironton 
                Ranger District of the Wayne National Forest, Lawrence 
                County, Ohio, known as ``Buffalo Creek'', comprising 
                approximately 6500 acres, located four miles northwest 
                of Waterloo in Township 5 North, Range 17 West, 
                sections 3-10, 15-18.
                    (D) Lake vesuvius.--Certain lands in the Ironton 
                Ranger District of the Wayne National Forest, Lawrence 
                County, Ohio, comprising approximately 4,900 acres, 
                generally known as ``Lake Vesuvius'', located to the 
                east of Etna and bounded by State Highway 93 to the 
                southwest and State Highway 4 to the northwest in 
                Township 2 North, Range 18 West.
                    (E) Morgan sisters.--Certain lands in the Ironton 
                Ranger District of the Wayne National Forest, Lawrence 
                County, Ohio, known as ``Morgan Sisters'', comprising 
                approximately 2,500 acres, located one mile east of 
                Gallia and bounded by State Highway 233 in Township 6 
                North, Range 17 West, sections 13, 14, 23, 24 and 
                Township 5 North, Range 16 West, sections 18, 19.
                    (F) Utah ridge.--Certain lands in the Athens Ranger 
                District of the Wayne National Forest, Athens County, 
                Ohio, known as ``Utah Ridge'', comprising approximately 
                9,000 acres, located one mile northwest of Chauncey and 
                bounded by State Highway 682 and State Highway 13 to 
                the southeast, US Highway 33 to the southwest and State 
                Highway 216 and State Highway 665 to the north.
                    (G) Wildcat hollow.--Certain lands in the Athens 
                Ranger District of the Wayne National Forest, Perry and 
                Morgan Counties, Ohio, known as ``Wildcat Hollow'', 
                comprising approximately 4,500 acres, located one mile 
                east of Corning in Township 12 North, Range 14 West, 
                sections 1, 2, 11-14, 23, 24 and Township 8 North, 
                Range 13 West, sections 7, 18, 19.
            (17) Oklahoma: cow creek drainage, oklahoma.--Certain lands 
        in the Ouachita National Forest, Mena Ranger District, Le Flore 
        County, Oklahoma, comprising approximately 3,000 acres, bounded 
        approximately by the Beech Creek National Scenic Area on the 
        west, State Highway 63 on the north and the Arkansas-Oklahoma 
        border on the east, and County Road 9038 on the south, known as 
        ``Cow Creek Drainage, Oklahoma''.
            (18) Oregon: applegate wilderness.--Certain lands in the 
        Siskiyou National Forest and Rogue River National Forest in 
        Oregon, which comprise approximately 20,000 acres, located 
        approximately 20 miles southwest of the town of Grants Pass and 
        10 miles south of Williams, in the area generally known as the 
        ``Applegate Wilderness''.
            (19) South carolina.--
                    (A) Big shoals, south carolina area.--Certain lands 
                in the Sumter National Forest, Andrew Pickens Ranger 
District, Oconee County, South Carolina, comprising approximately 2,000 
acres known as ``Big Shoals, South Carolina Area''. This area is 
located 15 miles south of Highlands, North Carolina.
                    (B) Brasstown creek, south carolina area.--Certain 
                lands in the Sumter National Forest, Andrew Pickens 
                Ranger District, Oconee County, South Carolina, 
                comprising approximately 3,500 acres known as 
                ``Brasstown Creek, South Carolina Area''. This area is 
                located approximately 15 miles west of Westminster, 
                South Carolina.
                    (C) Chauga.--Certain lands in the Sumter National 
                Forest, Andrew Pickens Ranger District, Oconee County, 
                South Carolina, comprising approximately 16,000 acres 
                known as ``Chauga''. This area is located approximately 
                10 miles west of Walhalla, South Carolina.
                    (D) Dark bottoms.--Certain lands in the Sumter 
                National Forest, Andrew Pickens Ranger District, Oconee 
                County, South Carolina, comprising approximately 4,000 
                acres known as ``Dark Bottoms''. This area is located 
                approximately 10 miles northwest of Westminster, South 
                Carolina.
                    (E) Ellicott rock extension, south carolina area.--
                Certain lands in the Sumter National Forest, Andrew 
                Pickens Ranger District, Oconee County, South Carolina, 
                comprising approximately 2,000 acres known as 
                ``Ellicott Rock Extension, South Carolina Area''. This 
                area is located approximately 10 miles south of 
                Cashiers, North Carolina.
                    (F) Five falls, south carolina area.--Certain lands 
                in the Sumter National Forest, Andrew Pickens Ranger 
                District, Oconee County, South Carolina, comprising 
                approximately 3,500 acres known as ``Five Falls, South 
                Carolina Area''. This area is located approximately 10 
                miles southeast of Clayton, Georgia.
                    (G) Persimmon mountain.--Certain lands in the 
                Sumter National Forest, Andrew Pickens Ranger District, 
                Oconee County, South Carolina, comprising approximately 
                7,000 acres known as ``Persimmon Mountain''. This area 
                is located approximately 12 miles south of Cashiers, 
                North Carolina.
                    (H) Rock gorge, south carolina area.--Certain lands 
                in the Sumter National Forest, Andrew Pickens Ranger 
                District, Oconee County, South Carolina, comprising 
                approximately 2,000 acres known as ``Rock Gorge, South 
                Carolina Area''. This area is located 12 miles 
                southeast of Highlands, North Carolina.
                    (I) Tamassee.--Certain lands in the Sumter National 
                Forest, Andrew Pickens Ranger District, Oconee County, 
                South Carolina, comprising approximately 5,500 acres 
                known as ``Tamassee''. This area is located 
                approximately 10 miles north of Walhalla, South 
                Carolina.
                    (J) Thrift's ferry, south carolina area.--Certain 
                lands in the Sumter National Forest, Andrew Pickens 
                Ranger District, Oconee County, South Carolina, 
                comprising approximately 5,000 acres known as 
                ``Thrift's Ferry, South Carolina Area''. This area is 
                located 10 miles east of Clayton, Georgia.
            (20) South dakota.--
                    (A) Black fox area.--Certain lands in the Black 
                Hills National Forest of South Dakota, totaling 
                approximately 12,400 acres, located in the upper 
                reaches of the Rapid Creek watershed known as the 
                ``Black Fox Area''. The area is roughly bounded by FDR 
                206 in the north, the steep slopes north of Forest Road 
                231 form the southern boundary and a fork of Rapid 
                Creek forms the western boundary.
                    (B) Breakneck area.--Certain lands in the Black 
                Hills National Forest, South Dakota, totaling 6,700 
                acres 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''. The area is 
                generally bounded by Forest Roads 139 and 169 on the 
                north, west and south. The eastern and western 
                boundaries are also demarcated by the ridge-crests 
                dividing the watershed.
                    (C) Norbeck preserve.--Certain lands in the Black 
                Hills National Forest of South Dakota, totaling 
                approximately 27,766 acres known as the ``Norbeck 
                Preserve'' encompassed approximately by the following 
                traverse. Starting at the southeast corner, the area 
                boundary runs north along FDR 753 and U.S. Highway Alt. 
                16, then along SD 244 to the junction of Palmer Creek 
                Road, which serves generally as a northwest limit. It 
                then heads south from the junction of Highway 87-89, 
                southeast along Highway 87, and east back to FDR 753. A 
                corridor of private land along FDR 345 is excluded.
                    (D) Pilger mountain area.--Certain lands in the 
                Black Hills National Forest of South Dakota, comprising 
                approximately 12,600 acres, known as the ``Pilger 
                Mountain Area'' and located in the Elk Mountains on the 
                southwest edge of the Black Hills. This area is roughly 
                bounded by Forest Roads 318 and 319 on the east and 
                northeast, Road 312 on the north and northwest, and 
                private land to the southwest.
                    (E) Stagebarn canyons.--Certain lands in the Black 
                Hills National Forest, South Dakota, known as 
                ``Stagebarn Canyons'', which comprise approximately 
                7,300 acres located approximately 10 miles west of 
                Rapid City, South Dakota.
            (21) Tennessee.--
                    (A) Bald mountains cluster, tennessee areas.--
                Certain lands in the Nolichucky and Unaka Ranger 
                Districts of the Cherokee National Forest, Cocke, 
                Green, Washington and Unicoi Counties, Tennessee, 
                comprising approximately 46,133 acres known as the 
                ``Bald Mountains Cluster, Tennessee Areas''. This 
                Cluster is comprised of the following 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. These parcels 
                are located near the towns of Newport, Hot Springs, 
                Greeneville and Erwin, Tennessee.
                    (B) Big frog/cohutta cluster.--Certain lands in the 
                Cherokee National Forest, Polk County, Tennessee, 
                Ocoee, Hiwassee, and Tennessee Ranger Districts, 
                comprising approximately 28,800 acres known as the 
                ``Big Frog/Cohutta Cluster''. This Cluster is comprised 
                of the following parcels: Big Frog Extensions, Little 
                Frog Extensions, Smith Mountain and Rock Creek. These 
                parcels are located near the towns of Copperhill, 
                Ducktown, Turtletown and Benton, Tennessee.
                    (C) Citico creek watershed cluster tennessee 
                areas.--Certain lands in the Tellico Ranger District of 
                the Cherokee National Forest, Monroe County, Tennessee, 
                comprising approximately 14,256 acres known as the 
                ``Citico Creek Watershed Cluster, Tennessee Areas''. 
                This Cluster is comprised of the following parcels 
                known as: Flats Mountain, Miller Ridge, Cowcamp Ridge 
                and Joyce Kilmer-Slickrock Extension. These parcels are 
                located near the town of Tellico Plains, Tennessee.
                    (D) Iron mountains cluster.--Certain lands in the 
                Cherokee National Forest, Watauga Ranger District, 
                totaling approximately 58,090 acres known as the ``Iron 
                Mountains Cluster''. The cluster is comprised of the 
                following 8 parcels: Big Laurel Branch Addition, 
                Hickory Flat Branch, Flint Mill, Lower Iron Mountain, 
                Upper Iron Mountain, London Bridge, Beaverdam Creek, 
                and Rodgers Ridge. The cluster is located near the 
                towns of Briston and Elizabethton, Sullivan and Johnson 
                Counties, Tennessee.
                    (E) Northern unicoi mountains cluster.--Certain 
                lands in the Tellico Ranger District of the Cherokee 
                National Forest, Monroe County, Tennessee, comprising 
                approximately 30,453 acres known as the ``Northern 
                Unicoi Mountains Cluster''. This Cluster is comprised 
                of the following parcels known as: Bald River Gorge 
                Extension, Upper Bald River, Sycamore Creek and Brushy 
                Ridge. These parcels are located near the town of 
                Tellico Plains, Tennessee.
                    (F) Roan mountain cluster.--Certain lands in the 
                Cherokee National Forest, Unaka and Watauga Ranger 
                Districts, totaling approximately 23,725 acres known as 
                the ``Roan Mountain Cluster''. The cluster is comprised 
                of the following seven parcels: Strawberry Mountain, 
                Highlands of Roan, Ripshin Ridge, Doe River Gorge 
                Scenic Area, White Rocks Mountain, Slide Hollow and 
                Watauga Reserve. The cluster is located approximately 
                eight to twenty miles south of the town of 
                Elizabethton, Unicoi, Carter and Johnson Counties, 
                Tennessee.
                    (G) Southern unicoi mountains cluster.--Certain 
                lands in the Hiwassee Ranger District of the Cherokee 
                National Forest, Polk, Monroe and McMinn Counties, 
                Tennessee, comprising approximately 11,251 acres known 
                as the ``Southern Unicoi Mountains Cluster''. This 
                Cluster is comprised of the following parcels known as: 
                Gee Creek Extension, Coker Creek and Buck Bald. These 
                parcels are located near the towns Etowah, Benton and 
                Turtletown, Tennessee.
                    (H) Unaka mountains cluster, tennessee areas.--
                Certain lands in the Cherokee National Forest, Unaka 
                Ranger District, totaling approximately 15,669 acres 
                known as the ``Unaka Mountains Cluster, Tennessee 
                Areas''. The cluster is comprised of the Nolichucky, 
                Unaka Mountain Extension and Stone Mountain parcels. 
                The cluster is located approximately eight miles from 
                Erwin, Unicoi and Carter Counties, Tennessee.
            (22) Texas: longleaf ridge.--Certain lands in the Angelina 
        National Forest, Jasper and Angelina Counties, Texas, 
        comprising approximately 30,000 acres bounded on the west by 
        Upland Island Wilderness Area, on the south by the Neches 
        River, and on the northeast by Sam Rayburn Reservoir, generally 
        known as ``Longleaf Ridge''.
            (23) Vermont.--
                    (A) Glastenbury area.--Certain lands in the Green 
                Mountain National Forest in Vermont, which comprise 
                approximately 35,000 acres, located 3 miles northeast 
                of Bennington, bounded by Kelly Stand Road to the 
                North, Forest Road 71 to the east, Route 9 to the south 
                and Route 7 to the west, generally known as the 
                ``Glastenbury Area''.
                    (B) Lamb brook.--Certain lands in the Green 
                Mountain National Forest in Vermont, which comprise 
                approximately 5,500 acres, located 3 miles southwest of 
                Wilmington, bounded on the west and south by Routes 8 
                and 100, on the north by Route 9, and on the east by 
                New England Power Company lands, generally known as 
                ``Lamb Brook''.
                    (C) Robert frost mountain area.--Certain lands in 
                the Green Mountain National Forest, Vermont, comprising 
                approximately 8,500 acres, known as ``Robert Frost 
                Mountain Area'', northeast of Middlebury, consisting of 
                the Forest Service lands bounded on the west by Route 
                116, on the north by Bristol Notch Road, on the east by 
                Lincoln/Ripton Road and on the south by Route 125.
            (24) Virginia.--
                    (A) Bear creek.--Certain lands known as ``Bear 
                Creek'', in the Jefferson National Forest, Wythe Ranger 
                District, north of Rural Retreat, Smyth and Wythe 
                Counties, Virginia.
                    (B) Cave springs.--Certain lands known as ``Cave 
                Springs'' in the Jefferson National Forest, Clinch 
                Ranger District, comprising approximately 3,000 acres 
                located between State Route 621 and the North Fork of 
                the Powell River, Lee County, Virginia.
                    (C) Dismal creek.--Certain lands known as ``Dismal 
                Creek'' totaling approximately 6,000 acres in the 
                Jefferson National Forest, Blacksburg Ranger District, 
                north of State Route 42, Giles and Bland Counties, 
                Virginia.
                    (D) Stone coal creek.--Certain lands known as 
                ``Stone Coal Creek'', totaling approximately 2,000 
                acres in the Jefferson National Forest, New Castle 
                Ranger District, Craig and Botentourt Counties, 
                Virginia.
                    (E) White oak ridge: terrapin mountain.--Certain 
                lands known as ``White Oak Ridge--Terrapin Mountain'', 
                totaling approximately 8,000 acres, Glenwood Ranger 
                District, east of the Blue Ridge Parkway, Botetourt and 
                Rockbridge Counties, Virginia.
                    (F) Whitetop mountain.--Certain lands in the 
                Jefferson National Forest, Mt. Rodgers Recreation Area, 
                comprising 3,500 acres in Washington, Smyth and Grayson 
                Counties, Virginia, known as ``Whitetop Mountain''.
                    (G) Wilson mountain.--Certain lands known as 
                ``Wilson Mountain'', comprising approximately 5,100 
                acres in the Jefferson National Forest, Glenwood Ranger 
                District, east of Interstate 81, Botetourt and 
                Rockbridge Counties, Virginia.
                    (H) Feathercamp.--Certain lands located in the Mt. 
                Rodgers Recreation Area of the Jefferson National 
                Forest, comprising 4,974 acres, known as 
                ``Feathercamp'', in Washington County, Virginia, 
                located northeast of the town of Damascus and north of 
                State Route 58 on the Feathercamp ridge.
            (25) Wisconsin.--
                    (A) Flynn lake.--Certain lands in the Chequamegon 
                National Forest, Washburn Ranger District, totaling 
                approximately 5,700 acres within the Flynn Lake Semi-
                primitive Non-motorized Area, known as ``Flynn Lake''. 
                The site is located in Bayfield County, Wisconsin.
                    (B) Ghost lake cluster.--Certain lands in the 
                Chequamegon National Forest, Great Divide Ranger 
                District, totaling approximately 6,000 acres, known as 
                ``Ghost Lake Cluster'' and including parcels known as 
                Ghost Lake, Perch Lake, Lower Teal River, Foo Lake, and 
                Bulldog Springs. The cluster is located in Sawyer 
                County, Wisconsin.
                    (C) Lake owens cluster.--Certain lands in the 
                Chequamegon National Forest, Great Divide and Washburn 
                Ranger Districts, totaling approximately 3,600 acres, 
                known as ``Lake Owens Cluster'' and including parcels 
                known as or near Lake Owens, Sage, Hidden, and Deer 
                Lick Lakes, Eighteenmile Creek, and Northeast and 
                Sugarbush Lakes. The cluster is in Bayfield County, 
                Wisconsin.
                    (D) Medford cluster.--Certain lands in the 
                Chequamegon National Forest, Medford-Park Falls Ranger 
                District, totaling approximately 23,000 acres, known as 
                the ``Medford Cluster'', and including parcels known as 
                County E Hardwoods, Silver Creek/Mondeaux River 
                Bottoms, Lost Lake Esker, North and South Fork Yellow 
                Rivers, Bear Creek, Brush Creek, Chequamegon Waters, 
                John's and Joseph Creeks, Hay Creek Pine-Flatwoods, 558 
                Hardwoods, Richter Lake, and Lower Yellow River. The 
                cluster is located in Taylor County, Wisconsin.
                    (E) Park falls cluster.-- Certain lands in the 
                Chequamegon National Forest, Medford-Park Falls Ranger 
                District, totaling approximately 23,000 acres, known as 
                ``Park Falls Cluster'', and including parcels known as 
                Sixteen Lakes, Chippewa Trail, Tucker and Amik Lakes, 
                Lower Rice Creek, Doering Tract, Foulds Creek, Bootjack 
                Conifers, Pond, Mud and Riley Lake Peatlands, Little 
                Willow Drumlin, and Elk River. The cluster is located 
                in Price and Vilas Counties, Wisconsin.
                    (F) Penokee mountain cluster.--Certain lands in the 
                Chequamegon National Forest, Great Divide Ranger 
                District, totaling approximately 23,000 acres, known as 
                ``Penokee Mountain Cluster'', and including parcels 
                known as or near St. Peters Dome, Brunsweiler River 
                Gorge, Lake Three, Marengo River and Brunsweiler River 
                Semi-primitive Non-motorized Areas, Hell Hole Creek, 
                and the North Country Trail Hardwoods. The cluster is 
                located in Ashland and Bayfield Counties, Wisconsin.
                    (G) Southeast great divide cluster.--Certain lands 
                in the Chequamegon National Forest, Medford Park Falls 
                Ranger District, totaling approximately 25,000 acres, 
                known as the ``Southeast Great Divide Cluster'', and 
                including parcels known as or near Snoose Lake, Cub 
                Lake, Springbrook Hardwoods, upper Moose River, East 
                Fork Chippewa River, upper Torch River, Venison Creek, 
                upper Brunet River, Bear Lake Slough, and No-name Lake. 
                The Cluster is located in Ashland and Sawyer Counties, 
                Wisconsin.
                    (H) Diamond roof cluster.--Certain lands in the 
                Nicolet National Forest, Lakewood-Laona Ranger 
                District, totaling approximately 6,000 acres, known as 
                ``Diamond Roof Cluster'', including parcels known as 
                McCaslin Creek, Ada Lake, Section 10 Lake, and Diamond 
                Roof. The cluster is located in Forest, Langlade, and 
                Oconto Counties, Wisconsin.
                    (I) Argonne forest cluster.--Certain lands in the 
                Nicolet National Forest, Eagle River-Florence Ranger 
                District, totaling approximately 12,000 acres, known as 
                ``Argonne Forest Cluster'' and including parcels known 
                as Argonne Experimental Forest, Scott Creek, Atkins 
                Lake, and Island Swamp. The cluster is located in 
                Forest County, Wisconsin.
                    (J) Bonita grade.--Certain lands in the Nicolet 
                National Forest, Lakewood-Laona Ranger District, 
                totaling approximately 1,200 acres, known as ``Bonita 
                Grade'', and including parcels near Mountain Lakes, 
                Temple Lake, and Second South Branch, First South 
                Branch, and South Branch Oconto River. The cluster is 
                located in Langlade County, Wisconsin.
                    (K) Franklin and butternut lakes cluster.--Certain 
                lands in the Nicolet National Forest, Eagle River-
                Florence Ranger District, totaling approximately 12,000 
                acres, known as ``Franklin and Butternut Lakes 
                Cluster'', and including parcels known as Bose Lake 
                Hemlocks, Luna White Deer, Echo Lake, Franklin and 
                Butternut Lakes, Wolf Lake, Upper Ninemile, Meadow, and 
                Bailey Creeks. The cluster is located in Forest and 
                Onieda Counties, Wisconsin.
                    (L) Lauterman lake and kieper creek.--Certain lands 
                in the Nicolet National Forest, Eagle River-Florence 
                Ranger District, totaling approximately 2,500 acres, 
                known as ``Lauterman Lake and Kieper Creek'', located 
                in Florence County, Wisconsin.
            (26) Wyoming: sand creek area.--Certain lands in the Black 
        Hills National Forest, totaling approximately 8,300 acres known 
        as the ``Sand Creek Area'', located in Crook County, Wyoming. 
        This area is situated in the far northwest corner of the Black 
        Hills. Beginning in the northwest corner and proceeding 
        counterclockwise, the boundary for the Sand Creek Area roughly 
        follows Forest Roads 863, 866, 866.1B, a line linking 866.1B to 
        802.1B, 802.1B, 802.1, an unnamed road, Spotted Tail Creek 
        (excluding all private lands), 8219.1, a line connecting 829.1 
        with 864, 852.1 and a line connecting 852.1 with 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 
                such entity within a 5-year period prior to serving on 
                the committee.
            (2) Recommendations for additional special areas.--Within 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 Area shall have outstanding biological 
        values that are exemplary on a regional, national, or 
        international level. Biological values include--
                    (A) the presence of 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. 203. RESTRICTIONS ON MANAGEMENT ACTIVITIES IN NORTHWEST ANCIENT 
              FORESTS, ROADLESS AREAS, AND SPECIAL AREAS.

    (a) Restriction of Management Activities in Northwest Ancient 
Forests.--With respect to Northwest Ancient Forests on Federal lands, 
the following prohibitions shall apply:
            (1) No roads shall be constructed or reconstructed.
            (2) No extractive logging shall be permitted.
            (3) No improvements for the purpose of extractive logging 
        shall be permitted.
    (b) Restriction of Management Activities in Roadless Areas.--With 
respect to roadless areas on Federal lands, the following prohibitions 
shall apply:
            (1) No roads shall be constructed or reconstructed.
            (2) No extractive logging shall be permitted.
            (3) No improvements for the purpose of extractive logging 
        shall be permitted.
    (c) Restriction of Management Activities in Special Areas.--With 
respect to Special Areas on Federal lands, the following prohibitions 
shall apply:
            (1) No roads shall be constructed or reconstructed.
            (2) No extractive logging shall be permitted.
            (3) No improvements for the purpose of extractive logging 
        shall be permitted.
    (d) Rule of Construction Regarding Reconstruction of Roads.--The 
restriction on the reconstruction of roads on Federal lands in a 
Northwest Ancient Forest, roadless area, or Special Area does not 
prohibit the maintenance or repair of a public highway, recreation 
road, road accessing private inholdings, or other road within the 
Northwest Ancient Forest, roadless area, or Special Area unless the 
Secretary concerned determines that the road was abandoned before the 
date of the enactment of this Act.
    (e) Enforcement.--
            (1) Purpose and finding.--The purpose of this subsection is 
        to foster the widest possible enforcement of this section. 
        Congress finds that all people of the United States are injured 
        by actions on lands to which this section applies.
            (2) Federal enforcement.--The provisions of this section 
        shall be enforced by the Secretary concerned and the Attorney 
        General of the United States against any person who violates 
        this section.
            (3) Citizen suits.--Any citizen harmed by a violation of 
        this Act may enforce any provision of this section by bringing 
        an action for declaratory judgment, temporary restraining 
        order, injunction, civil penalty, and other remedies against 
        any alleged violator including the United States, in any 
        district court of the United States.
            (4) Standard of proof.--The standard of proof in all 
        actions brought under this subsection shall be the 
        preponderance of the evidence and the trial shall be de novo.
            (5) Penalty.--The court, after determining a violation of 
        this section, shall impose a penalty of not less than $5,000 
        and not more than $50,000 per violation, shall issue one or 
        more injunctions and other equitable relief, and shall award to 
        the plaintiffs reasonable costs of litigation including 
        attorney's fees, witness fees and other necessary expenses. The 
        penalty shall be paid by the violator or violators designated 
        by the court. If that violator is the United States of America 
        or a Federal agency or officer, the penalty shall be paid to 
        the Judgment Fund, as provided by Congress under section 1304 
        of title 31, United States Code. The penalty shall be paid from 
        the Judgment Fund within 40 days after judgment to the person 
        or persons designated to receive it, to be applied in 
        protecting or restoring native biodiversity in or adjoining 
        Federal land. Any award of costs of litigation and any award of 
        attorney fees shall be paid within 40 days after judgment.
            (6) Waiver.--The United States, including its agents and 
        employees waives its sovereign immunity in all respects in all 
        actions under this subsection subsection. No notice is required 
        to enforce this subsection.

SEC. 204. EFFECT ON PRIVATE INHOLDINGS.

    Nothing in this title shall be construed to alter or affect the use 
of private lands located within a Northwest Ancient Forest, roadless 
area, or Special Area identified by this title.
                                 <all>