[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1501 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 1501
To designate certain public lands in Humboldt, Del Norte, Mendocino,
Lake, Napa, and Yolo Counties in the State of California as wilderness,
to designate certain segments of the Black Butte River in Mendocino
County, California as a wild or scenic river, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 27, 2003
Mr. Thompson of California (for himself and Ms. Solis) introduced the
following bill; which was referred to the Committee on Resources
_______________________________________________________________________
A BILL
To designate certain public lands in Humboldt, Del Norte, Mendocino,
Lake, Napa, and Yolo Counties in the State of California as wilderness,
to designate certain segments of the Black Butte River in Mendocino
County, California as a wild or scenic river, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Northern
California Coastal Wild Heritage Wilderness Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--DESIGNATION OF WILDERNESS AREAS
Sec. 101. Designation of wilderness areas to be administered by Bureau
of Land Management and Forest Service.
Sec. 102. Administration of wilderness areas.
Sec. 103. Designation of Elkhorn Ridge potential wilderness area.
TITLE II--WILD AND SCENIC RIVER DESIGNATIONS
Sec. 201. Designation of Black Butte River, California, as wild and
scenic river.
TITLE III--AUTHORIZATION OF APPROPRIATIONS
Sec. 301. Wilderness and wild and scenic rivers tourism development.
Sec. 302. Wilderness and wild and scenic rivers recreation development.
Sec. 303. Law enforcement.
Sec. 304. Acquisition of inholdings.
Sec. 305. Firefighting.
SEC. 2. FINDINGS.
The Congress finds and declares the following:
(1) The publicly owned lands and rivers of California are a
wildland resource of extraordinary value for this and future
generations.
(2) Increasing pressure from California's rapidly growing
population threatens to irrevocably harm these remaining wild
areas and wild rivers.
(3) Statutory protection is needed for these areas to
ensure that they remain a part of our natural heritage and
continue to be a source of solitude and inspiration for all
Americans.
(4) Continuation of military activities, including
overflights, military maneuvers, testing and evaluation, and
other activities without limit to frequency, is not
incompatible with the protection and proper management of the
wilderness and wild and scenic river resources designated by
this Act.
(5) Wildfire management activities necessary to protect
public health and safety and private property are fully
allowable in wilderness areas designated by this Act, and the
Secretary of the Interior and the Secretary of Agriculture may
take any measures deemed necessary to control or prevent fires.
(6) The wilderness and wild and scenic river resources
designated by this Act shall be included in the National
Wilderness Preservation System and the National Wild and Scenic
Rivers System, in order to--
(A) preserve the unique wild and natural features
of these landscapes;
(B) protect a diverse array of ecosystems, plants,
animals, geologic structures and hydrologic features
that represent the natural splendor of California;
(C) protect and preserve historical and cultural
archeological sites associated with ancient Indian
cultures and the settlement of California;
(D) protect and preserve areas that continue to be
used by Native American tribes for spiritual, cultural,
or subsistence practices;
(E) protect watersheds, including those that play
an essential role in providing municipal and
agricultural water supplies;
(F) provide opportunities for compatible outdoor
recreation, including horseback riding on saddle and
pack stock, hunting and fishing, hiking and camping,
whitewater rafting, trail running, and excursions led
by commercial outfitters;
(G) retain and enhance opportunities for scientific
research in pristine ecosystems; and
(H) promote the recovery of threatened and
endangered species, including salmon and steelhead.
TITLE I--DESIGNATION OF WILDERNESS AREAS
SEC. 101. DESIGNATION OF WILDERNESS AREAS TO BE ADMINISTERED BY BUREAU
OF LAND MANAGEMENT AND FOREST SERVICE.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), the following public lands in the State
of California are hereby designated as wilderness, and therefore, as
components of the National Wilderness Preservation System or as
additions to existing components of the National Wilderness
Preservation System:
(1) Certain lands in the Mendocino National Forest in Lake
County, California, which comprise approximately 20,960 acres,
as generally depicted on a map entitled ``Snow Mountain
Wilderness Area Additions-Proposed''.
(2) Certain lands in the Mendocino National Forest which
comprise approximately 10,160 acres, as generally depicted on a
map entitled ``Sanhedrin Wilderness Area-Proposed''.
(3) Certain lands in the Mendocino National Forest and
certain lands administered by the Arcata Field Office of the
Bureau of Land Management which comprise approximately 51,790
acres, as generally depicted on a map entitled ``Yuki
Wilderness Area-Proposed''.
(4) Certain lands in the Mendocino National Forest which
comprise approximately 26,760 acres in Mendocino County,
California, as generally depicted on a map entitled ``Yolla
Bolly-Middle Eel Wilderness Area Additions-Proposed''.
(5) Certain lands in the Six Rivers National Forest which
comprise approximately 5,740 acres, as generally depicted on a
map entitled ``Mad River Buttes Wilderness Area-Proposed''.
(6) Certain lands in the Six Rivers National Forest which
comprise approximately 33,750 acres in Del Norte County and
8,440 acres in Humboldt County, California, as generally
depicted on a map entitled ``Siskiyou Wilderness Area
Additions-Proposed''.
(7) Certain lands in the Six Rivers National Forest which
comprise approximately 7,100 acres in Humboldt County,
California, as generally depicted on a map entitled ``Mt.
Lassic Wilderness Area-Proposed''.
(8) Certain lands in the Six Rivers National Forest which
comprise approximately 26,510 acres in Humboldt County,
California, as generally depicted on a map entitled ``Trinity
Alps Wilderness Area Additions-Proposed''.
(9) Certain lands in the Six Rivers National Forest which
comprise approximately 3,500 acres as generally depicted on a
map entitled ``Underwood Wilderness Area-Proposed''.
(10) Certain lands administered by the Ukiah Field Office
of the Bureau of Land Management which comprise approximately
38,960 acres in Lake and Napa Counties, California, as
generally depicted on a map entitled ``Cache Creek Wilderness
Area-Proposed''.
(11) Certain lands administered by the Ukiah Field Office
of the Bureau of Land Management which comprise approximately
760 acres in Napa County, California, as generally depicted on
a map entitled ``Blue Ridge Wilderness Area-Proposed''.
(12) Certain lands administered by the Ukiah Field Office
of the Bureau of Land Management which comprise approximately
5,880 acres, as generally depicted on a map entitled ``Cedar
Roughs Wilderness Area-Proposed''.
(13) Certain lands administered by the Arcata Field Office
of the Bureau of Land Management which comprise approximately
41,614 acres, as generally depicted on a map entitled ``King
Range Wilderness Area-Proposed''.
(14) Certain lands administered by the Arcata Field Office
of the Bureau of Land Management which comprise approximately
14,000 acres, as generally depicted on a map entitled ``South
Fork Eel Wilderness Area-Proposed''.
(b) Special Rule, King Range Wilderness Area.--With respect to the
King Range Wilderness Area designated by subsection (a)(13), in case of
conflict between this title and Public Law 91-476 (16 U.S.C. 460y et
seq.), which established the King Range National Conservation Area, the
more restrictive provisions shall control.
SEC. 102. ADMINISTRATION OF WILDERNESS AREAS.
(a) Management.--Subject to valid existing rights, the wilderness
areas designated by this title shall be administered by the Secretary
of the Interior or the Secretary of Agriculture (in this section
referred to as the ``Secretary''), whoever has administrative
jurisdiction over the area, in accordance with the provisions of the
Wilderness Act (16 U.S.C. 1131 et seq.) governing areas designated by
that Act as wilderness, except that any reference in such provisions to
the effective date of the Wilderness Act (or any similar reference)
shall be deemed to be a reference to the date of the enactment of this
Act.
(b) Map and Legal Description.--As soon as practicable, but no
later than three years after the date of the enactment of this Act, the
Secretary shall file a map and a legal description of each wilderness
area designated in this title with the Committee on Energy and Natural
Resources of the Senate and the Committee on Resources of the House of
Representatives. Such map and description shall have the same force and
effect as if included in this title, except that the correction of
clerical and typographical errors in such legal description may be
made. Copies of such map and legal description shall be on file and
available for public inspection in the office of the Secretary.
(c) Wilderness Character.--As provided in section 4(b) of the
Wilderness Act (16 U.S.C. 1133(b)), the Secretary concerned shall
administer the areas designated as wilderness in this title so as to
preserve their wilderness character and to devote them to the public
purposes of recreational, scenic, scientific, educational,
conservation, and historical use. All activities in the areas shall be
subject to regulations the Secretary considers necessary to fulfill the
purposes of the Wilderness Act.
(d) Fire Management Activities.--
(1) Purpose.--The Secretary may take such measures in the
wilderness areas designated by this title as necessary in the
control and prevention of fire, insects, and diseases, as
provided in section 4(d)(1) of the Wilderness Act (16 U.S.C.
1133(d)(1)) and the report of the Committee on Interior and
Insular Affairs of the House of Representatives to accompany
H.R. 1437 of the 98th Congress (H. Rept. 98-40).
(2) Authorized activities.--The measures authorized by
paragraph (1) may include the use of mechanized and motorized
equipment for fire suppression where necessary to protect
public health and safety and private property.
(3) Response.--Not later than one year after the date of
the enactment of this Act, the Secretary shall review existing
policy to ensure that authorized approval procedures for any
such measures permit a timely and efficient response in case of
fire emergencies in the wilderness areas. In areas of extreme
fire hazard, the Secretary shall consider whether the authority
to take whatever appropriate actions are necessary for fire
management shall be delegated to the Forest Supervisor or the
Bureau of Land Management District Manager or a field manager.
(4) Special rules for certain designated wilderness
areas.--The boundaries of the Snow Mountain Wilderness Area,
Yolla Bolly-Middle Eel Wilderness Area, and the Cache Creek
Wilderness Area shall be adjusted to allow and encourage
mechanical fire pre-suppression activities within 600 feet of
specific parcels of private land adjacent to Class III Wildfire
risk areas, as depicted on the maps for these areas referenced
in paragraphs (1), (4), and (10) of section 101(a).
(e) Access to Private Property.--The Secretary shall provide
private property owners with adequate access to their nonfederally
owned land or interests in land within the boundaries of the wilderness
designated by this title to ensure the owner of such land or interest
the reasonable use and enjoyment thereof.
(f) Management of Private Property.--Nothing in this title shall
enlarge or diminish the private property rights of non-Federal
landowners with property within the boundaries of the wilderness areas
designated by this title.
(g) Hunting and Fishing.--Nothing in this Act shall affect existing
hunting and fishing, under applicable State and Federal laws and
regulations, within the boundaries of the wilderness areas designated
by this title.
(h) Snow Sensors and Stream Gauges.--Nothing in this title shall be
construed to prevent the installation and maintenance of hydrologic,
meteorologic, or climatological facilities or any combination of the
foregoing, or limited motorized access to such facilities when
nonmotorized access means are not reasonably available or when time is
of the essence, if the Secretary determines that such facilities or
access are essential to flood warning, flood control, water supply
forecasting, or reservoir operation purposes.
(i) Military Activities.--Nothing in this title shall preclude low-
level overflights of military aircraft, testing and evaluation, the
designation of new units of special use airspace, or the use or
establishment of military flight training routes over wilderness areas
designated by this title.
(j) Horses.--Nothing in this title shall preclude horseback riding
or the entry of recreational saddle or pack stock into wilderness areas
designated by this title.
(k) Livestock Grazing.--Grazing of livestock and maintenance of
existing facilities related to grazing in wilderness areas designated
by this title, if established before the date of the enactment of this
Act, shall be permitted to continue as provided in section 4(d)(4) of
the Wilderness Act (16 U.S.C. 1133(d)(4)) and section 108 of Public Law
96-560 (16 U.S.C. 1133 note).
(l) Fish and Wildlife.--Nothing in this title shall be construed as
affecting the jurisdiction or responsibilities of the State of
California with respect to wildlife and fish on the public lands in
that State as provided in section 4(d)(7) of the Wilderness Act (16
U.S.C. 1133(d)(7)).
(m) Wildlife Management.--In furtherance of the purposes and
principles of the Wilderness Act, management activities to maintain or
restore fish and wildlife populations and the habitats to support such
populations may be carried out within wilderness areas designated by
this title, if consistent with relevant wilderness management plans, in
accordance with appropriate policies and guidelines.
(n) Law Enforcement Activities.--Nothing in this title shall be
construed as precluding or otherwise affecting border operations by the
Immigration and Naturalization Service, the Drug Enforcement
Administration, the United States Customs Service, or State and local
law enforcement agencies within wilderness areas designated by this
title.
(o) Native American Uses and Interests.--In recognition of the past
use of wilderness areas designated by this title by members of Indian
tribes for traditional cultural and religious purposes, the Secretary
shall ensure access to such wilderness areas by Indian tribes for such
traditional cultural and religious purposes. In implementing this
section, the Secretary, upon the request of an Indian tribe or Indian
religious community, shall temporarily close to the general public use
of one or more specific portions of the wilderness area in order to
protect the privacy of traditional cultural and religious activities in
the area by members of the Indian tribe or Indian religious community.
Any such closure shall be made to affect the smallest practicable area
for the minimum period necessary for such purposes. Such access shall
be consistent with the purpose and intent of Public Law 95-341 (42
U.S.C. 1996; commonly known as the American Indian Religious Freedom
Act) and the Wilderness Act.
(p) Commercial Outfitters.--Nothing in this title shall preclude
the use by commercial outfitters of the wilderness areas designated by
this title.
(q) Areas Adjacent to Wilderness Areas.--Nothing in this title
shall be construed to create protective perimeters or buffer zones
around wilderness areas designated by this title. Activities or uses of
nonwilderness areas that can be seen or heard within wilderness areas
designated by this title shall not be precluded as a result of this
title.
(r) Water Resources Projects.--Nothing in this title shall preclude
relicensing of, assistance to, or operation and maintenance of,
developments below or above a wilderness area designated by this title
or on any stream tributary thereto which will not invade the area or
unreasonably diminish the wilderness, scenic, recreational, and fish
and wildlife values present in the area as of the date of the enactment
of this Act.
SEC. 103. DESIGNATION OF ELKHORN RIDGE POTENTIAL WILDERNESS AREA.
(a) Designation.--In furtherance of the provisions of the
Wilderness Act (16 U.S.C. 1131 et seq.), certain public lands in the
State of California administered by the Arcata Field Office of the
Bureau of Land Management, which comprise approximately 8,000 acres, as
generally depicted on a map entitled ``Elkhorn Ridge Potential
Wilderness Area-Proposed'' are designated as a potential wilderness
area.
(b) Management.--Subject to valid existing rights, the Secretary of
the Interior shall manage the potential wilderness area designated by
this section as wilderness (except as provided in subsection (c)) until
such time as the lands are designated as wilderness under subsection
(d).
(c) Ecological Restoration.--For purposes of ecological
restoration, including the elimination of non-native species, removal
of illegal, unused or decommissioned roads, repair of skid tracks, and
other actions necessary to restore the natural ecosystems in the
potential wilderness area designated by this section, the Secretary of
the Interior may use motorized equipment and mechanized transport until
such time as the potential wilderness area is designated as wilderness.
To the maximum extent practicable, the Secretary shall seek to use the
minimum tool or administrative practice necessary to accomplish
necessary ecological restoration with the least amount of adverse
impact on wilderness character and resources.
(d) Wilderness Designation.--Upon removal of conditions
incompatible with the Wilderness Act and publication by the Secretary
of the Interior in the Federal Register of notice of such removal or 5
years after the date of the enactment of this Act, whichever comes
first, the potential wilderness area designated by this section shall
be designated as wilderness, and therefore, as a component of the
National Wilderness Preservation System.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Interior for each of the fiscal
years 2004 through 2007 $1,250,000 to carry out ecological restoration
activities under subsection (c).
TITLE II--WILD AND SCENIC RIVER DESIGNATIONS
SEC. 201. DESIGNATION OF BLACK BUTTE RIVER, CALIFORNIA, AS WILD AND
SCENIC RIVER.
(a) Designation.--In order to preserve and protect for present and
future generations the outstanding scenic, natural, wildlife, fishery,
recreational, scientific, historic, and ecological values of the
following rivers in the State of California, section 3(a) of the Wild
and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the
end the following new paragraph:
``( ) Black Butte River, California.--The 16 miles of Black Butte
River from the Mendocino County line to its confluence with Jumpoff
Creek, to be administered by the Secretary of Agriculture as a wild
river. The 3.5 miles of Black Butte River from its confluence with
Jumpoff Creek to its confluence with Middle Eel River, to be
administered by the Secretary of Agriculture as a scenic river. The 1.5
miles of Cold Creek from the Mendocino County line to its confluence
with Black Butte River, to be administered by the Secretary of
Agriculture as a wild river.''.
(b) Plan and Reporting Requirements.--Within 18 months after the
date of the enactment of this Act, the Secretary of Agriculture shall
submit to Congress a fire management plan and report on the cultural
and historic resources within the Black Butte River segments designated
by the amendment made by subsection (a). The Secretary shall provide a
copy of the plan and report to the board of supervisors of Mendocino
County, California.
(c) Water Resources Projects.--Nothing in this title shall preclude
relicensing of, assistance to, or operation and maintenance of,
developments below or above a wild, scenic, or recreational river area
or on any stream tributary thereto which will not invade the area or
unreasonably diminish the scenic, recreational, and fish and wildlife
values present in the area as of the date of the enactment of this Act.
(d) Native American Uses and Interests.--In recognition of the past
use of the areas designated by this title as wild, scenic, and
recreational rivers by members of Indian tribes for traditional
cultural and religious purposes, the Secretary of Agriculture shall
ensure access to such wild, scenic, and recreational rivers by Indian
tribes for such traditional cultural and religious purposes. In
implementing this section, the Secretary, upon the request of an Indian
tribe or Indian religious community, shall temporarily close to the
general public use of one or more specific portions of the wild,
scenic, or recreational river to protect the privacy of traditional
cultural and religious activities in those portions by members of the
Indian tribe or Indian religious community. Any such closure shall be
made to affect the smallest practicable area for the minimum period
necessary for such purposes. Such access shall be consistent with the
purpose and intent of Public Law 95-341 (42 U.S.C. 1996; commonly known
as the American Indian Religious Freedom Act) and the Wilderness Act.
TITLE III--AUTHORIZATION OF APPROPRIATIONS
SEC. 301. WILDERNESS AND WILD AND SCENIC RIVERS TOURISM DEVELOPMENT.
There is authorized to be appropriated for each fiscal year
$2,500,000 to the Secretary of Agriculture and $2,500,000 to the
Secretary of the Interior to establish a program to provide grants to
communities surrounded by, or adjacent to, wilderness areas or wild,
scenic, or recreational rivers designated by this Act, to be used for
the purpose of creating and promoting wilderness- and recreation-
related jobs, developing visitors centers, informational brochures, and
kiosks regarding the wilderness areas or wild, scenic, or recreational
rivers, or other developing other methods to promote wilderness and
wild and scenic river tourism.
SEC. 302. WILDERNESS AND WILD AND SCENIC RIVERS RECREATION DEVELOPMENT.
There is authorized to be appropriated for each fiscal year
$1,750,000 to the Secretary of Agriculture and $1,750,000 to the
Secretary of the Interior to be used in wilderness areas and wild,
scenic, or recreational rivers designated by this Act to develop trails
and other facilities that will promote and enhance wilderness or wild,
scenic, or recreational river recreation experiences.
SEC. 303. LAW ENFORCEMENT.
There is authorized to be appropriated for each fiscal year
$1,000,000 to the Secretary of Agriculture and $1,000,000 to the
Secretary of the Interior to be used in wilderness areas and wild,
scenic, or recreational rivers designated by this Act to support law
enforcement activities necessary to protect visitors and the natural
resources of these wild areas.
SEC. 304. ACQUISITION OF INHOLDINGS.
There is authorized to be appropriated for each fiscal year
$2,500,000 to the Secretary of Agriculture and $2,500,000 to the
Secretary of the Interior to be used for the purpose of acquiring
inholdings in the wilderness areas and wild, scenic, or recreational
rivers designated by this Act.
SEC. 305. FIREFIGHTING.
There is authorized to be appropriated for each fiscal year
$5,000,000 to the Secretary of Agriculture and $5,000,000 to the
Secretary of the Interior to be used in wilderness areas and wild,
scenic, or recreational rivers designated by this Act to support
firefighting activities.
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