[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2077 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2077

 To establish a National Forest Preserve consisting of certain Federal 
  lands in the Sequoia National Forest in the State of California to 
protect and preserve remaining Giant Sequoia ecosystems and to provide 
     increased recreational opportunities in connection with such 
                              ecosystems.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 26, 1997

 Mr. Brown of California (for himself, Mr. Gutierrez, Mrs. Maloney of 
 New York, Mr. Filner, Ms. Christian-Green, Mr. Clay, Mr. Dellums, Mr. 
Olver, Mrs. Tauscher, and Mr. Ackerman) introduced the following bill; 
            which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To establish a National Forest Preserve consisting of certain Federal 
  lands in the Sequoia National Forest in the State of California to 
protect and preserve remaining Giant Sequoia ecosystems and to provide 
     increased recreational opportunities in connection with such 
                              ecosystems.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Sequoia Ecosystem 
and Recreation Preserve Act of 1997''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Expansion and establishment of wilderness areas in Sequoia and 
                            Inyo National Forests.
Sec. 5. Establishment of Giant Sequoia National Forest Preserve.
Sec. 6. Purposes of Preserve.
Sec. 7. Preserve Scientific Advisory Team.
Sec. 8. Management plan.
Sec. 9. Designation of ancient forest reserves.
Sec. 10. Preserve transportation and access.
Sec. 11. Recreational facilities.
Sec. 12. Effect of Preserve on activities previously conducted in area 
                            covered by Preserve.
Sec. 13. Effect of Preserve on other public or private interests.
Sec. 14. Water rights.
Sec. 15. Payments to local governments.
Sec. 16. Community Assistance Task Force.
Sec. 17. Preparation of budget proposal for Preserve.
Sec. 18. Authorization of appropriations.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Giant Sequoia trees (Sequoiadendron giganteum) are the 
        largest of all living things and the most majestic trees on 
        earth. Without any help or hindrance from humans, Giant Sequoia 
        have lived up to 3200 years and attained a height of 275 feet, 
        a diameter of 38 feet, a circumference of 120 feet, and a 
        weight of over 12,000,000 pounds. The largest tree currently in 
        the National Forest System is located in the Sequoia National 
        Forest, the Boole Tree, a Giant Sequoia that stands 269 feet 
        high and has a diameter of 29 feet.
            (2) Giant Sequoias are survivors of a genus of trees which 
        once covered most of the northern hemisphere, but are now 
        native to only a small portion of the Sierra Nevada range in 
        the State of California.
            (3) The ancient forests of the Sequoia National Forest are 
        the homes of rare, threatened, and endangered species of plants 
        and wildlife.
            (4) The ancient forests of the Sequoia National Forest 
        provide outstanding and unique recreational opportunities for 
        the people of the United States. Of those units of the National 
        Forest System located in the Sierra Nevada range, the Sequoia 
        National Forest is located closest to Los Angeles and the 
        burgeoning population in the Central Valley.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Preserve.--The term ``Preserve'' means the Federal 
        lands included in the Giant Sequoia National Forest Preserve 
        established in section 5.
            (2) Secretary.--The term ``the Secretary'' means the 
        Secretary of Agriculture.
            (3) Grove.--The term ``grove'' means any stand or group of 
        Giant Sequoia in the Preserve identified by Forest Service 
        methods in effect on the date of the enactment of this Act.
            (4) Management plan.--The term ``management plan'' means 
        the management plan prepared after the date of the enactment of 
        this Act for management of the Preserve.
            (5) Ancient forest reserves.--The term ``ancient forest 
        reserves'' means lands in the Preserve designated under section 
        9 on which--
                    (A) motorized vehicles may be used only on 
                designated roads; and
                    (B) only the least possible amount of mechanical 
                manipulation or intervention in natural processes shall 
                be allowed.
            (6) Natural state.--The term ``natural state'' means the 
        conditions that are within the range of variability in 
        structure and composition that occurred during the last few 
        millennia and which will promote ecosystem stability and 
        resiliency.
            (7) Scientific advisory team.--The term ``Scientific 
        Advisory Team'' means the Scientific Advisory Team established 
        pursuant to section 7.
            (8) Task force.--The term ``Task Force'' means the 
        Community Assistance Task Force established under section 16.

SEC. 4. EXPANSION AND ESTABLISHMENT OF WILDERNESS AREAS IN SEQUOIA AND 
              INYO NATIONAL FORESTS.

    In furtherance of the purpose of the Wilderness Act (16 U.S.C. 1131 
et seq.), and the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701 et seq.), the following lands in the State of California, 
as generally depicted on the maps referenced in this section, are 
hereby designated as wilderness areas and shall be administered as 
components of the National Wilderness Preservation System:
            (1) Certain lands in the Sequoia National Forest and the 
        Inyo National Forest, which comprise approximately 20,800 
        acres, as generally depicted on a map entitled ``Golden Trout 
        Wilderness Additions--Proposed'', and which are hereby 
        incorporated in, and which shall be deemed to be part of, the 
        Golden Trout Wilderness designated by section 2(b) of Public 
        Law 95-237 (92 Stat. 41).
            (2) Certain lands in the Sequoia National Forest, which 
        comprise approximately 28,540 acres, as generally depicted on a 
        map entitled ``Golden Trout Wilderness Additions--Proposed 2'', 
        and which are hereby incorporated in, and which shall be deemed 
        to be part of, the Golden Trout Wilderness designated by 
        section 2(b) of Public Law 95-237 (92 Stat. 41).
            (3) Certain lands in the Sequoia National Forest, which 
        comprise approximately 12,071 acres, as generally depicted on a 
        map entitled ``Domeland Wilderness Additions--Proposed'', and 
        which are hereby incorporated in, and which shall be deemed to 
        be part of, the Domeland Wilderness originally designated by 
        section 3 of Public Law 88-577 (78 Stat. 891).
            (4) Certain lands in the Sequoia National Forest, which 
        comprise approximately 39,398 acres, as generally depicted on a 
        map entitled ``Bright Star Wilderness--Proposed'', and which 
        are hereby incorporated in, and which shall be deemed to be 
        part of, the Bright Star Wilderness designated by section 
        102(6) of Public Law 103-433 (108 Stat. 4473).
            (5) Certain lands in the Sequoia National Forest, which 
        comprise approximately 56,630 acres, as generally depicted on a 
        map entitled ``Golden Trout Wilderness Additions--Proposed 3'', 
        and which are hereby incorporated in, and which shall be deemed 
        to be part of, the Golden Trout Wilderness designated by 
        section 2(b) of Public Law 95-237 (92 Stat. 41).
            (6) Certain lands in the Sequoia National Forest, which 
        comprise approximately 12,531 acres, as generally depicted on a 
        map entitled ``Slate Mountain Wilderness Area--Proposed'', and 
        shall be known as the Slate Mountain Wilderness.

SEC. 5. ESTABLISHMENT OF GIANT SEQUOIA NATIONAL FOREST PRESERVE.

    (a) Establishment.--There is hereby established the Giant Sequoia 
National Forest Preserve, consisting of certain federally owned lands 
within the Sequoia National Forest in the State of California. The 
Preserve shall comprise approximately 340,835 acres as generally 
depicted on the map entitled, ``Giant Sequoia National Forest Preserve, 
1995'', dated ____________ and numbered ____________. Federal lands 
included in the Preserve are dedicated in perpetuity for the 
preservation and restoration of natural processes and the promotion of 
recreational activity, scientific study, and other similar purposes as 
specified in this Act.
    (b) Unit of National Forest System.--The Secretary, acting through 
the Forest Service, shall administer the Preserve as a separate unit 
within the National Forest System in accordance with the purposes and 
provisions of this Act.
    (c) Map and Legal Description.--Not later than six months after the 
date of the enactment of this Act, the Secretary shall file a map and a 
legal description of the Preserve with the Committee on Resources and 
the Committee on Agriculture of the House of Representatives and with 
the Committee on Energy and Natural Resources and the Committee on 
Agriculture, Forestry, and Nutrition of the Senate. Such map and 
description shall have the same force and effect as if included in this 
Act. The Secretary may correct clerical and typographical errors in the 
map and description.
    (d) Availability of Map.--The map and legal description prepared 
pursuant to subsection (c) shall be made available for public 
inspection in the office of the Forest Supervisor, Sequoia National 
Forest, in the office of the Regional Forester, United States Forest 
Service, Region 5, in the office of the Superintendent, Sequoia 
National Park, in the office of the Director, National Park Service, 
Department of the Interior and in the office of the Chief of the Forest 
Service, Department of Agriculture.

SEC. 6. PURPOSES OF PRESERVE.

    (a) In General.--It is the purpose of this Act not only to protect 
and maintain the groves of Giant Sequoias in the Preserve, their 
supporting ecosystems, and associated forests, but also to preserve the 
natural state and processes that have created and maintained these 
forests for millennia.
    (b) Specific Purposes.--Subject to subsection (c), the Preserve is 
established for the purposes of--
            (1) assuring the ecological integrity and recreational 
        resources of the Federal lands in the Preserve;
            (2) protecting the Giant Sequoia groves as well as all 
        contiguous Federal lands in the Preserve and assuring the 
        perpetuation and continuation of the many ecosystems and the 
        essential and natural processes in the Preserve;
            (3) providing optimum habitat for all indigenous species 
        found, as of the date of the enactment of this Act, in the 
        Preserve;
            (4) promoting and coordinating research in the Preserve to 
        compile information about the Giant Sequoia and other Sierra 
        Nevada ecosystems;
            (5) providing optimum water quality, air quality, soil 
        quality, and scenic quality in the Preserve, consistent with 
        other Federal and State laws; and
            (6) providing increased opportunities for recreation, 
        including hiking, horseback riding, camping, use of off-highway 
        vehicles, crosscountry skiing, and nature studies, consistent 
        with the purposes specified in the preceding paragraphs.
    (c) Prohibitions.--Regardless of the specific mention of an 
authorized activity in this Act, the Secretary shall not permit an 
activity to continue or to be initiated in the Preserve if the 
Secretary determines that the activity will, over time, degrade the 
health or cause the ultimate destruction of the Giant Sequoia ecosystem 
or other ecosystems in the Preserve. No portion of the Preserve shall 
be within the timber base or used in a calculation or basis for a 
sustained yield of timber.

SEC. 7. PRESERVE SCIENTIFIC ADVISORY TEAM.

    (a) Establishment.--The Secretary shall appoint a Scientific 
Advisory Team for the Preserve consisting of at least 9 physical and 
biological scientists from such fields as Sequoia ecology, hydrology, 
wildlife biology, landscape ecology, conservation biology, soil 
science, geology, and wildfire behavior. Not more than 3 members of the 
Scientific Advisory Team may be current or retired employees of the 
Forest Service.
    (b) Role in Preparation of Preserve Management Plan.--The 
Scientific Advisory Team shall give advice and guidance to the Forest 
Service during preparation of the management plan, assist with the 
study of data regarding the Preserve, review and make recommendations 
on reports developed in connection with the Preserve, and perform other 
duties as requested by the Secretary. The Scientific Advisory Team 
shall target its efforts toward assuring that the management plan is 
consistent with the overall purposes of this Act and with the best and 
most current scientific knowledge and research.
    (c) Role in Preparation of Land Condition Surveys and Reports.--The 
Scientific Advisory Team shall advise the Forest Service in compiling 
informational reports, which shall include surveys of the condition of 
lands within the Preserve and which will be used in preparing the 
management plan. The Forest Service shall complete the surveys within 
one year after the date of the enactment of this Act. These surveys and 
reports shall address the following issues:
            (1) Fire and fuel.--Compilation of existing data and a 
        report regarding historical and prehistorical fire and surveys 
        of current fuel loading with identification of areas that 
        exceed the natural range of fuels build-up. The Scientific 
        Advisory Team shall review the surveys and make recommendations 
        for restoration of these areas.
            (2) Artificially planted sequoias.--Compilation of existing 
        data and a report regarding sources of Sequoia seedlings 
        planted within and adjacent to Sequoia groves. The Team shall 
        review reports and make recommendations as to the need for 
        remediation to protect the integrity of individual grove 
        genetics.
            (3) Previously logged areas.--Compilation of information 
        and a report on previously logged areas focusing on species 
        mix, age, and arrangement. The Scientific Advisory Team shall 
        make recommendations for management strategies which will 
        result in the eventual restoration of these lands to a natural 
        state. Certain areas where logging has occurred in both recent 
        and historical times may be recommended to remain unrestored 
        and designated as historic sites, interpretive areas, or for 
        scientific purposes.
    (d) Interagency Cooperation and Coordination.--The Scientific 
Advisory Team shall cooperate with other agencies that are engaged in 
managing Sequoia ecosystems in order to facilitate interagency 
cooperation, sharing of scientific information and data, and to 
maximize usefulness of past, present, and future research.
    (e) Team Findings.--The Scientific Advisory Team shall not be 
required to reach consensus regarding its findings on any issue, but 
the Scientific Advisory Team should furnish comments, recommendations, 
and findings in a format which will allow for a majority as well as 
dissenting opinions.
    (f) Public Access to Information.--All information developed for 
and by the Scientific Advisory Team and the Forest Service under this 
section, including minutes, summaries, memos, majority recommendations, 
and dissenting opinions, shall be retained at the office of the Forest 
Supervisor, Sequoia National Forest, and shall be readily available to 
the public.
    (g) Future Activities of Team.--After the final management plan has 
been published and any administrative appeals have completed the appeal 
process, the Scientific Advisory Team shall remain available for peer 
review of proposed projects, monitoring, and such other duties that the 
Secretary may request.
    (h) Compensation.--Members of the Scientific Advisory Team shall 
serve without compensation, except that the Secretary may reimburse 
members of the Scientific Advisory Team for their direct costs of 
participating in the activities of the Scientific Advisory Team.

SEC. 8. MANAGEMENT PLAN.

    (a) Preparation.--Not later than five years after the date of the 
enactment of this Act, the Secretary shall publish as a freestanding 
document a final management plan for the Preserve that shall include at 
least the following:
            (1) The measures, standards, and guidelines needed to 
        protect, restore, and enhance the natural and scientific values 
        of the Preserve and recreational resources of the Preserve.
            (2) All other measures intended to carry out the purposes 
        and provisions of this Act, including specific delineation of 
        planned administrative activities to carry out this Act.
            (3) Provisions and maps of areas designated as ancient 
        forest reserves, and the process by which additional areas may 
        be designated as ancient forest reserves.
            (4) Other specific measures required by this Act.
    (b) Interim Management.--Pending the completion of the management 
plan, the Secretary shall manage the Preserve in a manner consistent 
with the purposes and provisions of this Act. The Secretary shall buy 
out any timber contracts in existence on the date of the enactment of 
this Act that authorize harvesting in the Preserve. Between the date of 
the enactment of this Act and the date the management plan is final, 
the Secretary shall approve or initiate only those interim management 
activities that are consistent with the purposes of this Act.
    (c) Administrative Appeals.--The management plan and all of the 
notices of decision, decision notices, and decision memos for the 
management plan and for projects implementing the management plan shall 
be subject to administrative appeal as provided by law.
    (d) Public Safety.--Nothing in this Act shall be construed to 
prohibit the Secretary from undertaking or permitting those activities 
in the Preserve that the Secretary considers necessary to ensure public 
safety and prevent loss of life and property.

SEC. 9. DESIGNATION OF ANCIENT FOREST RESERVES.

    (a) Designation.--As part of the management plan, the Secretary 
shall designate and map the ancient forest reserves.
    (b) Specified Ancient Forest Reserves.--Lands designated as ancient 
forest reserves shall include at least the following: The Freeman Creek 
watershed, the McIntyre Complex Groves, the Moses Roadless Area, the 
Slate Mountain Roadless Area, the Rincon Roadless Area, Deer Meadow, 
and the Agnew and Kennedy Sequoia Groves.
    (c) Subsequent Designations.--Additional areas may be designated as 
ancient forest reserves after the completion of the management plan by 
amending the management plan. Such additions shall be based on public 
input and scientific recommendations.

SEC. 10. PRESERVE TRANSPORTATION AND ACCESS.

    (a) In General.--The management plan shall include a comprehensive 
transportation plan for the Preserve. In order to protect the natural 
features of the Preserve, reduce conflicts among users of the Preserve, 
and ensure visitor safety, the Secretary may regulate and control the 
times and means of access and use of the Preserve.
    (b) Roads.--
            (1) New construction prohibited.--Except for short 
        connecting sections to make loop roads or to provide access to 
        campgrounds or for other purposes consistent with this Act, no 
        new road construction shall occur within the Preserve. No 
        exceptions under the preceding sentence shall be made in the 
        case of ancient forest reserves and wilderness areas within the 
        Preserve.
            (2) Road categories.--The transportation plan shall locate 
        and map all roads in existence on the date of the enactment of 
        this Act, whether such roads are permanent, temporary, or de 
facto, and all compacted areas, such as landings and turnouts. These 
roads and compacted areas shall be inventoried and categorized into one 
of the following categories:
                    (A) Existing roads and compacted areas which should 
                form the permanent road system for the Preserve and are 
                consistent with the purposes of this Act. This category 
                may include projections for future needs such as new 
                campgrounds, interpretive and study centers, and 
                parking sites.
                    (B) Roads and compacted areas which are degrading 
                water quality or ecosystems and which shall be restored 
                to natural conditions.
                    (C) Existing roads and compacted areas which may be 
                converted for use as motorized vehicle recreation roads 
                without undue resource damage.
                    (D) Existing roads and landings which could be used 
                for off-highway vehicles, including the construction of 
                short connecting sections to provide loop trails.
                    (E) Existing roads and compacted areas which could 
                be used in conjunction with the official trail system 
                for recreation, including snowmobile, cross-country 
                skiing, recreational stock, hiking, and interpretive 
                trails and areas suitable for use by the disabled, 
                including the use of motorized wheelchairs.
    (c) Trails.--
            (1) Identification of trails.--The transportation plan 
        shall include a trail plan for the Preserve that inventories 
        and maps all trails on the 1956 USGS maps, the 1966 Sequoia 
        National Forest Recreation Map, historical trails, and trails 
        indicated by public input whether or not they have been 
        assigned a Forest Service trail number. These trails shall 
        become the official trail network for the Preserve.
            (2) Trail limitations.--In the trail plan, the Secretary 
        shall determine which trails will be limited to nonmotorized, 
        nonmechanized recreation, such as by horseback and hiking, and 
        which trails will allow mechanized recreation of various types, 
        such as by mountain bike and all-terrain vehicles. The 
        Secretary shall base such determinations on sensitivity of the 
        site, potential for user conflicts, and public input. There 
        shall be no use of motor vehicles on trails in ancient forest 
        reserves. The trail plan shall include provisions to ensure 
        adequate and appropriate recreational trail opportunities for 
        disabled individuals.
            (3) Relocation and expansion of trails.--Trails may be 
        relocated where currently obliterated by roads or logging 
        damage or where necessary for resource protection. Additional 
        trails may be added to the trail network through the conversion 
        of existing roads to such purpose. The establishment of new 
        trails should be considered throughout the Preserve consistent 
        with the purposes of this Act.
    (d) Emergency and Scientific Access.--Nothing in this section shall 
be construed to prohibit the use of motorized vehicles or aircraft for 
emergency and other essential administrative services, including those 
services provided by State and local governments, or for authorized 
scientific research when the use of motorized vehicles or aircraft is a 
necessary part of such research.

SEC. 11. RECREATIONAL FACILITIES.

    (a) Existing Campgrounds.--All campgrounds in the Preserve on the 
date of the enactment of this Act, including campgrounds within grove 
boundaries or ancient forest reserves, may remain in place subject to 
evaluation by the Secretary.
    (b) Expansion.--The Secretary shall provide new camping 
opportunities in the Preserve in the form of both developed and 
primitive sites. The Secretary shall identify the potential locations 
of new campgrounds in the transportation plan prepared under section 
10. Such campgrounds shall be constructed outside of ancient forest 
reserves in locations where they will cause the least resource damage.
    (c) Primitive Camping.--Primitive camping shall be allowed 
throughout the Preserve, except that the Secretary may control the use 
of certain areas based on usage and resource conditions.
    (d) Stock Campgrounds.--In addition to overnight camping facilities 
for stock use in existence on the date of the enactment of this Act, 
additional horse and other recreational stockcamping opportunities 
shall be developed, including potable and stock water supplies and 
holding corrals throughout the Preserve. All new construction shall be 
outside of groves and ancient forest reserves and shall be in areas 
which will cause the least resource damage and in areas which shall 
have access to the Preserve trail network. Potential sites shall be 
considered in the transportation plan.
    (e) Other Recreational Facilities.--The management plan shall 
address sites for further study for recreational facilities, such as 
interpretive facilities, disabled accessible areas, trailheads, picnic 
and day-use facilities, parking areas, scenic lookouts, and 
campgrounds. These potential areas shall be identified and coordinated 
with the transportation plan.

SEC. 12. EFFECT OF PRESERVE ON ACTIVITIES PREVIOUSLY CONDUCTED IN AREA 
              COVERED BY PRESERVE.

    (a) Hunting and Fishing.--Regulations regarding hunting and fishing 
in the Preserve shall continue to be under the jurisdiction of the 
California Department of Fish and Game. If hunting and fishing 
activities adversely affect the Preserve, the Secretary shall submit 
recommendations to the California Department of Fish and Game regarding 
changes in such regulations.
    (b) Firewood Collection.--The Secretary shall manage firewood 
collection based on need and resource protection, except that the 
Secretary shall prohibit firewood collection in areas where such 
collection harms the resources of the Preserve.
    (c) Mineral and Geothermal Leasing.--No patent may be issued under 
the mining or geothermal laws of the United States after the date of 
the enactment of this Act on Federal lands in the Preserve, even if the 
location and claim was made before such date. Federal lands in the 
Preserve are hereby withdrawn from all forms of locations, entry, and 
patent under the United States mining laws, and from the operation of 
the mineral leasing laws of the United States, including all laws 
pertaining to geothermal leasing.
    (d) Grazing.--Nothing in this Act shall be construed to prohibit or 
regulate recreational or commercial grazing. Grazing in the Preserve 
shall continue to be regulated by the Forest Service.

SEC. 13. EFFECT OF PRESERVE ON OTHER PUBLIC OR PRIVATE INTERESTS.

    (a) State and Local Lands.--Nothing in this Act shall be construed 
to affect State-owned, county-owned, or municipally-owned land located 
partially or wholly within the boundaries of the Preserve.
    (b) Privately Owned Lands.--Nothing in this Act shall be construed 
to affect the use or ownership of private land located partially or 
wholly within the boundaries of the Preserve on the date of enactment 
of this Act. Any action of the Secretary to buy or trade for privately 
held lands for inclusion in the Preserve shall require the voluntary 
agreement of the private seller.
    (c) Special-Use Permits.--Nothing in this Act shall be construed to 
affect Forest Service special-use permits or leases in effect at the 
time of the enactment of this Act.
    (d) Leased Private Homes and Camps.--All homes and camps with valid 
leases in the Preserve on the date of the enactment of this Act, and 
which are otherwise in compliance with the terms of the leases, shall 
continue and may be renewed. Existing special use permits and leases 
for homes and camps within the boundaries of the Preserve are hereby 
deemed to be consistent with the purposes of this Act. Nothing in this 
Act shall be construed to affect the renewal of such permits and 
leases.

SEC. 14. WATER RIGHTS.

    (a) Reservation of Right.--The Congress hereby reserves a quantity 
of water sufficient to fulfill the purposes of this Act. The priority 
date of such reserved water rights shall be the date of enactment of 
this Act.
    (b) Protection of Right.--The Secretary and all other officers of 
the United States shall take all steps necessary to protect the rights 
reserved by this section, including the filing by the Secretary of a 
claim for the quantification of such rights in any present or future 
appropriate stream adjudication in the courts of the State of 
California in which the United States is or may be joined and which is 
conducted in accordance with section 208 of the Act of July 10, 1952 
(66 Stat. 560, 43 U.S.C. 666; commonly referred to as the ``McCarran 
Amendment'').
    (c) Preservation of Prior Rights.--Nothing in this Act shall be 
construed as a relinquishment or reduction of any water rights reserved 
or appropriated by the United States in the State of California on or 
before the date of enactment of this Act.
    (d) Rule of Construction.--The Federal water rights reserved by 
this Act are specific to the Preserve. Nothing in this Act related to 
the reserved Federal water rights shall be construed as establishing a 
precedent with regard to any future designation, nor shall it 
constitute an interpretation of any other Act or any designation made 
pursuant thereto.

SEC. 15. PAYMENTS TO LOCAL GOVERNMENTS.

    (a) Section Supersedes Other Payment Provisions.--Payments under 
this section shall be made in lieu of payments under the Act of May 23, 
1908 (16 U.S.C. 500) and chapter 69 of title 31 of the United States 
Code in connection with Federal lands included in the Preserve.
    (b) Payments Required.--The Secretary shall make payments under 
this section each fiscal year to the local government of each political 
subdivision whose boundaries include Federal lands in the Preserve if 
such local government would have received real property tax revenues 
had such lands been privately rather than publicly held. In the case of 
the fiscal year of the enactment of this Act, the Secretary shall pro 
rate the payment that would otherwise be made under this section.
    (c) Amount of Payment.--The amount of the payment to be made to a 
local government under this section shall be equal to the amount of the 
real property tax which would be due to the local government with 
respect to Federal lands in the Preserve in the fiscal year concerned 
had such lands been privately rather than publicly held and used for 
timber production in the State of California. For purposes of this 
section, the amount of the required payment be referred to as the 
``tax-equivalency amount''.
    (d) Determination of Tax-Equivalency Amount.--For each fiscal year, 
the Secretary, after consultation with the Comptroller General, shall 
determine a proposed tax-equivalency amount for all Federal lands in 
the Preserve. Upon determining the proposed tax-equivalency amount for 
any political subdivision, the Secretary shall notify the local 
government concerned. If the local government notifies the Secretary 
that the local government accepts the Secretary's estimate, the 
Secretary shall promptly make such payment to the local government.
    (e) Disputes.--If a local government objects to the Secretary's 
estimate of the tax-equivalency amount proposed to be paid by the 
Secretary under this section for any fiscal year, the local government 
shall notify the Secretary in writing of the amount which the local 
government estimates to be the correct tax-equivalency amount. Upon 
receipt of such notice, the Secretary shall appoint an arbiter. The 
local government shall also appoint an arbiter. The two arbiters shall 
jointly appoint a third arbiter. The three arbiters shall comprise an 
arbitration panel which shall determine the tax-equivalency amount to 
be paid under this section to the local government. The determination 
of the arbitration panel shall be binding on the Secretary and the 
local government and shall not be subject to judicial review, except as 
provided in sections 10 and 11 of title 9, United States Code.
    (f) Costs of Arbitration.--The costs of any arbitration under 
subsection (e) shall be paid by the Secretary, except that if the tax-
equivalency amount determined by the arbitration panel is closer to the 
amount specified by the Secretary than to the amount estimated by the 
local government, the costs of the arbitration shall be deducted from 
the tax-equivalency amount paid to the local government.
    (g) Accounting.--As a condition for receiving the tax-equivalency 
amount, the local government shall agree to provide an annual 
accounting to the Secretary of all purposes for which the tax-
equivalency amount is used and the amount used for each purpose.

SEC. 16. COMMUNITY ASSISTANCE TASK FORCE.

    (a) Establishment.--The Secretary shall establish a Community 
Assistance Task Force to oversee the provision of assistance to 
communities and workers in political subdivisions whose boundaries 
include Federal lands in the Preserve or contain facilities that milled 
timber from lands included in the Preserve during any portion of the 
five-year period ending on the date of the enactment of this Act.
    (b) Community Requests for Assistance.--Any community described in 
subsection (a) that is adversely affected by loss of Federal timber 
sales as a result of this Act may request assistance from the Task 
Force. The Task Force shall verify the stated need for the assistance 
and the purposes for which the assistance will be used.
    (c) Types of Community Assistance.--The Task Force shall provide 
assistance (including technical assistance) for the establishment of 
local community task forces, retraining programs for workers, 
diversification of local economies, and job counseling and job 
placement services. Such assistance may be in the form of loans and 
grants. The Secretary may authorize the use of facilities, equipment, 
and personnel of the Department of Agriculture to provide such 
assistance.
    (d) Worker Requests for Assistance.--Any worker displaced from a 
job in the timber industry because of the loss of Federal timber sales 
as a result of this Act may request assistance from the Task Force to 
assist the worker in securing other employment.
    (e) Development of Employment Opportunities.--The Task Force shall 
encourage and develop employment opportunities in the political 
subdivisions described in subsection (a) in forest ecosystem 
restoration, recreation, and other forms of employment compatible with 
the purposes and provisions of this Act.
    (f) Termination.--The Task Force shall terminate five years after 
the date of its establishment by the Secretary.

SEC. 17. PREPARATION OF BUDGET PROPOSAL FOR PRESERVE.

    In preparing the budget proposal for the Preserve for each fiscal 
year, the Secretary shall not target any of the budget to any commodity 
production in the Preserve. The amount of the budget request shall be 
proportionate to the funds which the Sequoia National Forest received 
before the enactment of this Act.

SEC. 18. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act.
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