[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 738 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 738

 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 SENATE OF THE UNITED STATES

                             March 27, 2003

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