[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 233 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 233
To designate certain National Forest System lands in the Mendocino and
Six Rivers National Forests and certain Bureau of Land Management lands
in Humboldt, Lake, Mendocino, and Napa Counties in the State of
California as wilderness, to designate the Elkhorn Ridge Potential
Wilderness Area, 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
January 4, 2005
Mr. Thompson of California introduced the following bill; which was
referred to the Committee on Resources
_______________________________________________________________________
A BILL
To designate certain National Forest System lands in the Mendocino and
Six Rivers National Forests and certain Bureau of Land Management lands
in Humboldt, Lake, Mendocino, and Napa Counties in the State of
California as wilderness, to designate the Elkhorn Ridge Potential
Wilderness Area, 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.
This Act may be cited as the ``Northern California Coastal Wild
Heritage Wilderness Act''.
SEC. 2. DESIGNATION OF WILDERNESS AREAS, COASTAL CALIFORNIA.
In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the
following areas in the State of California are designated as wilderness
areas and as components of the National Wilderness Preservation System:
(1) Snow mountain wilderness addition.--
(A) In general.--Certain land in the Mendocino
National Forest, comprising approximately 23,312 acres,
as generally depicted on the maps described in
subparagraph (B), is incorporated in and shall
considered to be a part of the ``Snow Mountain
Wilderness'', as designated by section 101(a)(31) of
the California Wilderness Act of 1984 (16 U.S.C. 1132
note; Public Law 98-425).
(B) Description of maps.--The maps referred to in
subparagraph (A) are--
(i) the map entitled ``Skeleton Glade Unit,
Snow Mountain Proposed Wilderness Addition,
Mendocino National Forest'' and dated September
17, 2004; and
(ii) the map entitled ``Bear Creek/Deafy
Glade Unit, Snow Mountain Wilderness Addition,
Mendocino National Forest'' and dated September
17, 2004.
(2) Sanhedrin wilderness.--Certain land in the Mendocino
National Forest, comprising approximately 10,571 acres, as
generally depicted on the map entitled ``Sanhedrin Proposed
Wilderness, Mendocino National Forest'' and dated September 17,
2004, which shall be known as the ``Sanhedrin Wilderness''.
(3) Yuki wilderness.--Certain land in the Mendocino
National Forest and certain land administered by the Bureau of
Land Management in Lake and Mendocino Counties, California,
together comprising approximately 54,087 acres, as generally
depicted on the map entitled ``Yuki Proposed Wilderness'' and
dated October 28, 2004, which shall be known as the ``Yuki
Wilderness''.
(4) Yolla bolly-middle eel wilderness addition.--Certain
land in the Mendocino National Forest and certain land
administered by the Bureau of Land Management in Mendocino
County, California, together comprising approximately 25,806
acres, as generally depicted on the map entitled ``Middle Fork
Eel, Smokehouse and Big Butte Units, Yolla Bolly-Middle Eel
Proposed Wilderness Addition'' and dated October 28, 2004, is
incorporated in and shall considered to be a part of the Yolla
Bolly-Middle Eel Wilderness, as designated by section 3 of the
Wilderness Act (16 U.S.C. 1132).
(5) Mad river buttes wilderness.--Certain land in the Six
Rivers National Forest, comprising approximately 6,494 acres,
as generally depicted on the map entitled ``Mad River Buttes,
Mad River Proposed Wilderness'' and dated September 17, 2004,
which shall be known as the ``Mad River Buttes Wilderness''.
(6) Siskiyou wilderness addition.--
(A) In general.--Certain land in the Six Rivers
National Forest, comprising approximately 48,754 acres,
as generally depicted on the maps described in
subparagraph (B), is incorporated in and shall be
considered to be a part of the Siskiyou Wilderness, as
designated by section 101(a)(30) of the California
Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-425).
(B) Description of maps.--The maps referred to in
subparagraph (A) are--
(i) the map entitled ``Bear Basin Butte
Unit, Siskiyou Proposed Wilderness Additions,
Six Rivers National Forest'' and dated October
28, 2004;
(ii) the map entitled ``Blue Creek Unit,
Siskiyou Proposed Wilderness Addition, Six
Rivers National Forest'' and dated October 28,
2004;
(iii) the map entitled ``Blue Ridge Unit,
Siskiyou Proposed Wilderness Addition, Six
Rivers National Forest'' and dated September
17, 2004;
(iv) the map entitled ``Broken Rib Unit,
Siskiyou Proposed Wilderness Addition, Six
Rivers National Forest'' and dated September
17, 2004; and
(v) the map entitled ``Wooly Bear Unit,
Siskiyou Proposed Wilderness Addition, Six
Rivers National Forest'' and dated September
27, 2004.
(7) Mount lassic wilderness.--Certain land in the Six
Rivers National Forest, comprising approximately 7,279 acres,
as generally depicted on the map entitled ``Mt. Lassic Proposed
Wilderness'' and dated September 17, 2004, which shall be known
as the ``Mount Lassic Wilderness''.
(8) Trinity alps wilderness addition.--
(A) In general.--Certain land in the Six Rivers
National Forest, comprising approximately 28,805 acres,
as generally depicted on the maps described in
subparagraph (B) and which is incorporated in and shall
be considered to be a part of the Trinity Alps
Wilderness as designated by section 101(a)(34) of the
California Wilderness Act of 1984 (16 U.S.C. 1132 note;
Public Law 98-425).
(B) Description of maps.--The maps referred to in
subparagraph (A) are--
(i) the map entitled ``Orleans Mountain
Unit (Boise Creek), Trinity Alps Proposed
Wilderness Addition, Six Rivers National
Forest'', and dated October 28, 2004;
(ii) the map entitled ``East Fork Unit,
Trinity Alps Proposed Wilderness Addition, Six
Rivers National Forest'' and dated September
17, 2004;
(iii) the map entitled ``Horse Linto Unit,
Trinity Alps Proposed Wilderness Addition, Six
Rivers National Forest'' and dated September
17, 2004; and
(iv) the map entitled ``Red Cap Unit,
Trinity Alps Proposed Wilderness Addition, Six
Rivers National Forest'' and dated September
17, 2004.
(9) Underwood wilderness.--Certain land in the Six Rivers
National Forest, comprising approximately 2,977 acres, as
generally depicted on the map entitled ``Underwood Proposed
Wilderness, Six Rivers National Forest'' and dated September
17, 2004, which shall be known as the ``Underwood Wilderness''.
(10) Cache creek wilderness.--Certain land administered by
the Bureau of Land Management in Lake County, California,
comprising approximately 30,870 acres, as generally depicted on
the map entitled ``Cache Creek Wilderness Area'' and dated
September 27, 2004, which shall be known as the ``Cache Creek
Wilderness''.
(11) Cedar roughs wilderness.--Certain land administered by
the Bureau of Land Management in Napa County, California,
comprising approximately 6,350 acres, as generally depicted on
the map entitled ``Cedar Roughs Wilderness Area'' and dated
September 27, 2004, which shall be known as the ``Cedar Roughs
Wilderness''.
(12) South fork eel river wilderness.--Certain land
administered by the Bureau of Land Management in Mendocino
County, California, comprising approximately 12,915 acres, as
generally depicted on the map entitled ``South Fork Eel River
Wilderness Area and Elkhorn Ridge Potential Wilderness'' and
dated September 27, 2004, which shall be known as the ``South
Fork Eel River Wilderness''.
(13) King range wilderness.--
(A) In general.--Certain land administered by the
Bureau of Land Management in Humboldt and Mendocino
Counties, California, comprising approximately 42,585
acres, as generally depicted on the map entitled ``King
Range Wilderness'', and dated November 12, 2004, which
shall be known as the ``King Range Wilderness''.
(B) Applicable law.--With respect to the wilderness
designated by subparagraph (A), in the case of a
conflict between a provision of section 3 and a
provision of Public Law 91-476 (16 U.S.C. 460y et
seq.), the more restrictive provision shall control.
(14) Rocks and islands, king range national conservation
area.--
(A) In general.--All Federally-owned rocks, islets,
and islands (whether named or unnamed and surveyed or
unsurveyed) that are located--
(i) not more than 3 geographic miles off
the coast of the King Range National
Conservation Area; and
(ii) above mean high tide.
(B) Applicable law.--With respect to the wilderness
designated by subparagraph (A), in the case of a
conflict between a provision of section 3 and a
provision of Proclamation No. 7264 (65 Fed. Reg. 2821),
the more restrictive provision shall control.
SEC. 3. ADMINISTRATION OF WILDERNESS AREAS.
(a) Management.--
(1) Management generally.--Subject to valid existing
rights, each area designated as wilderness by section 2 shall
be administered by the Secretary of Agriculture or the
Secretary of the Interior, as the case may be, in accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(A) any reference in the Wilderness Act to the
effective date of such Act shall be considered to be a
reference to the date of enactment of this Act; and
(B) any reference in the Wilderness Act to the
Secretary of Agriculture shall be considered to be a
reference to the Secretary that has jurisdiction over
the wilderness area.
(2) Secretary defined.--In this section, the term
``Secretary concerned'' means--
(A) with respect to a wilderness area under the
jurisdiction of the Secretary of Agriculture, the
Secretary of Agriculture; and
(B) with respect to a wilderness area under the
jurisdiction of the Secretary of the Interior, the
Secretary of the Interior.
(b) Map and Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary concerned shall file a map
and a legal description of each wilderness area designated by
this Act with--
(A) the Committee on Resources of the House of
Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(2) Force of law.--A map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary concerned may
correct errors in the map and legal description.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be filed and made available for
public inspection in the appropriate office of the Secretary
concerned.
(c) Incorporation of Acquired Land and Interests.--Any land within
the boundary of a wilderness area designated by this Act that is
acquired by the Federal Government shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with this Act, the Wilderness
Act (16 U.S.C. 1131 et seq.), and any other applicable law.
(d) Withdrawal.--Subject to valid rights in existence on the date
of enactment of this Act, the Federal land designated as wilderness by
this Act is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(e) Fire, Insect, and Disease Management Activities.--
(1) In general.--The Secretary concerned may take such
measures in the wilderness areas designated by this Act as are
necessary for the control and prevention of fire, insects, and
diseases, in accordance with--
(A) section 4(d)(1) of the Wilderness Act (16
U.S.C. 1133(d)(1)); and
(B) House Report No. 98-40 of the 98th Congress.
(2) Review.--Not later than 1 year after the date of
enactment of this Act, the Secretary concerned shall review
existing policies applicable to the wilderness areas designated
by this Act to ensure that authorized approval procedures for
any fire management measures allow a timely and efficient
response to fire emergencies in the wilderness areas.
(f) Access to Private Property.--
(1) In general.--The Secretary concerned shall provide any
owner of private property within the boundary of a wilderness
area designated by this Act adequate access to such property to
ensure the reasonable use and enjoyment of the property by the
owner.
(2) King range wilderness.--
(A) In general.--Subject to subparagraph (B),
within the wilderness designated by section 2(13), the
access route depicted on the map for private landowners
shall also be available for invitees of the private
landowners.
(B) Limitation.--Nothing in subparagraph (A)
requires the Secretary concerned to provide any access
to the landowners or invitees beyond the access that
would be available if the wilderness had not been
designated.
(g) Snow Sensors and Stream Gauges.--If the Secretary concerned
determines that hydrologic, meteorologic, or climatological
instrumentation is appropriate to further the scientific, educational,
and conservation purposes of the wilderness areas designated by this
Act, nothing in this Act prevents the installation and maintenance of
the instrumentation within the wilderness areas.
(h) Military Activities.--Nothing in this Act precludes low-level
overflights of military aircraft, the designation of new units of
special airspace, or the use or establishment of military flight
training routes over wilderness areas designated by this Act.
(i) Livestock.--Grazing of livestock and the maintenance of
existing facilities related to grazing in wilderness areas designated
by this Act, where established before the date of enactment of this
Act, shall be permitted to continue in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(H. Rept. 101-405).
(j) Fish and Wildlife Management.--
(1) In general.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary
concerned may carry out management activities to maintain or
restore fish and wildlife populations and fish and wildlife
habitats in wilderness areas designated by this Act if such
activities are--
(A) consistent with applicable wilderness
management plans; and
(B) carried out in accordance with applicable
guidelines and policies.
(2) State jurisdiction.--Nothing in this Act affects the
jurisdiction of the State of California with respect to fish
and wildlife on the public land located in the State.
(k) Use by Members of Indian Tribes.--
(1) Access.--In recognition of the past use of wilderness
areas designated by this Act by members of Indian tribes for
traditional cultural and religious purposes, the Secretary
concerned shall ensure that Indian tribes have access to the
wilderness areas for traditional cultural and religious
purposes.
(2) Temporary closures.--
(A) In general.--In carrying out this subsection,
the Secretary concerned, on request of an Indian tribe,
may temporarily close to the general public 1 or more
specific portions of a wilderness area to protect the
privacy of the members of the Indian tribe in the
conduct of the traditional cultural and religious
activities in the wilderness area.
(B) Requirement.--Any closure under subparagraph
(A) shall be made in such a manner as to affect the
smallest practicable area for the minimum period of
time necessary for the activity to be carried out.
(3) Applicable law.--Access to the wilderness areas under
this subsection shall be in accordance with--
(A) Public Law 95-341 (commonly known as the
``American Indian Religious Freedom Act'') (42 U.S.C.
1996 et seq.); and
(B) the Wilderness Act (16 U.S.C. 1131 et seq.).
(l) Adjacent Management.--
(1) In general.--Nothing in this Act creates protective
perimeters or buffer zones around any wilderness area
designated by this Act.
(2) Nonwilderness activities.--The fact that nonwilderness
activities or uses can be seen or heard from areas within a
wilderness area designated by this Act shall not preclude the
conduct of those activities or uses outside the boundary of the
wilderness area.
SEC. 4. RELEASE OF WILDERNESS STUDY AREAS.
(a) Finding.--Congress finds that, for the purposes of section 603
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782),
any portion of a wilderness study area described in subsection (b) that
is not designated as wilderness by this Act or any previous Act has
been adequately studied for wilderness.
(b) Description of Study Areas.--The study areas referred to in
subsection (a) are--
(1) the King Range Wilderness Study Area;
(2) the Chemise Mountain Instant Study Area;
(3) the Red Mountain Wilderness Study Area;
(4) the Cedar Roughs Wilderness Study Area; and
(5) those portions of the Rocky Creek/Cache Creek
Wilderness Study Area in Lake County, California which are not
in R. 5 W., T. 12 N., sec. 22, Mount Diablo Meridian.
(c) Release.--Any portion of a wilderness study area described in
subsection (b) that is not designated as wilderness by this Act or any
other Act enacted before the date of enactment of this Act shall not be
subject to section 603(c) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1782(c)).
SEC. 5. ELKHORN RIDGE POTENTIAL WILDERNESS AREA.
(a) Designation as Potential Wilderness Area.--In furtherance of
the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain
public land in the State administered by the Bureau of Land Management,
compromising approximately 9,655 acres, as generally depicted on the
map entitled ``South Fork Eel River Wilderness Area and Elkhorn Ridge
Potential Wilderness'' and dated September 27, 2004, is designated as a
potential wilderness area.
(b) Management of Potential Wilderness Area.--Except as provided in
subsection (c) and subject to valid existing rights, the Secretary of
the Interior shall manage the potential wilderness area as wilderness
until the potential wilderness area is designated as wilderness.
(c) Ecological Restoration.--
(1) In general.--For purposes of ecological restoration
(including the elimination of non-native species, removal of
illegal, unused, or decommissioned roads, repair of skid
tracks, and any other activities necessary to restore the
natural ecosystems in the potential wilderness area), the
Secretary of the Interior may used motorized equipment and
mechanized transport in the potential wilderness area until the
potential wilderness area is designated as wilderness.
(2) Limitation.--To the maximum extent practicable, the
Secretary of the Interior shall use the minimum tool or
administrative practice necessary to accomplish ecological
restoration with the least amount of adverse impact on
wilderness character and resources.
(d) Designation as Wilderness.--The potential wilderness area shall
be designated as wilderness and as a component of the National
Wilderness Preservation System on the earlier of--
(1) the date on which the Secretary of the Interior
publishes in the Federal Register notice that the conditions in
the potential wilderness area that are incompatible with the
Wilderness Act (16 U.S.C. 1131 et seq.) have been removed; or
(2) the date that is 5 years after the date of enactment of
this Act.
(e) Management of Wilderness Area.--Upon designation of the
potential wilderness area as wilderness under subsection (d), the
wilderness area shall be--
(1) known as the ``Elkhorn Ridge Wilderness''; and
(2) administered by the Secretary of the Interior in
accordance with section 3 and the Wilderness Act (16 U.S.C.
1131 et seq.), except that--
(A) any reference in section 3 to the date of
enactment of this Act and any reference in the
Wilderness Act to the effective date of the Wilderness
Act shall be considered to be a reference to the date
on which the wilderness area is designated under
subsection (d); and
(B) any reference in the Wilderness Act to the
Secretary of Agriculture shall be considered to be a
reference to the Secretary of the Interior.
SEC. 6. WILD AND SCENIC RIVER DESIGNATION, BLACK BUTTE RIVER,
CALIFORNIA.
(a) Designation of Black Butte River Segments.--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:
``(__) Black Butte River, California.--The following segments of
the Black Butte River in the State of California, to be administered by
the Secretary of Agriculture:
``(A) The 16 miles of Black Butte River, from the Mendocino
County Line to its confluence with Jumpoff Creek, as a wild
river.
``(B) The 3.5 miles of Black Butte River from its
confluence with Jumpoff Creek to its confluence with Middle Eel
River, as a scenic river.
``(C) The 1.5 miles of Cold Creek from the Mendocino County
Line to its confluence with Black Butte River, as a wild
river.''.
(b) Fire Management Plan and Cultural and Historic Resources
Report.--Not later than 18 months after the date of enactment of this
Act, the Secretary of Agriculture shall submit to Congress--
(1) a fire management plan for the Black Butte River
segments designated by the amendment made by subsection (a);
and
(2) a report on the cultural and historic resources within
those segments.
(c) Transmittal to County.--The Secretary of Agriculture shall
transmit to the Board of Supervisors of Mendocino County, California, a
copy of the plan and report submitted under subsection (b).
SEC. 7. KING RANGE NATIONAL CONSERVATION AREA BOUNDARY ADJUSTMENT.
Section 9 of Public Law 91-476 (16 U.S.C. 460y-8) is amended by
adding at the end the following:
``(d) In addition to the land described in subsections (a) and (c),
the land identified as the King Range National Conservation Area
Additions on the map entitled `King Range Wilderness' and dated
November 12, 2004, is included in the Area.''.
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