[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 128 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 128
To designate certain public land in Humboldt, Del Norte, Mendocino,
Lake, and Napa 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
January 24, 2005
Mrs. Boxer (for herself and Mrs. Feinstein) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To designate certain public land in Humboldt, Del Norte, Mendocino,
Lake, and Napa 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.
This Act may be cited as the ``Northern California Coastal Wild
Heritage Wilderness Act''.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means--
(1) with respect to land under the jurisdiction of the
Secretary of Agriculture, the Secretary of Agriculture; and
(2) with respect to land under the jurisdiction of the
Secretary of the Interior, the Secretary of the Interior.
SEC. 3. DESIGNATION OF WILDERNESS AREAS.
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 this Act and Public Law 91-476 (16
U.S.C. 460y et seq.), the more restrictive provision
shall control.
(14) Rocks and islands.--
(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.--In the case of a conflict
between this Act and Proclamation No. 7264 (65 Fed.
Reg. 2821), the more restrictive provision shall
control.
SEC. 4. ADMINISTRATION OF WILDERNESS AREAS.
(a) Management.--Subject to valid existing rights, each area
designated as wilderness by this Act shall be administered by the
Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), except that--
(1) any reference in that Act to the effective date shall
be considered to be a reference to the date of enactment of
this Act; and
(2) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary that has jurisdiction over the wilderness.
(b) Map and Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary 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 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.
(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 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 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 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 3(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 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 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 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
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 section, the
Secretary, 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. 5. 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. 6. ELKHORN RIDGE POTENTIAL WILDERNESS AREA.
(a) Designation.--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.--Except as provided in subsection (c) and subject
to valid existing rights, the Secretary 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 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 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) Wilderness Designation.--
(1) In general.--The potential wilderness area shall be
designated as wilderness and as a component of the National
Wilderness Preservation System on the earlier of--
(A) the date on which the Secretary 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
(B) the date that is 5 years after the date of
enactment of this Act.
(2) Administration.--On designation as wilderness under
paragraph (1), the potential wilderness area shall be--
(A) known as the ``Elkhorn Ridge Wilderness''; and
(B) administered in accordance with this Act and
the Wilderness Act (16 U.S.C. 1131 et seq.).
SEC. 7. WILD AND SCENIC RIVER DESIGNATION.
(a) Designation of Black Butte River, 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:
``(167) 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) Plan; Report.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Agriculture shall
submit to Congress--
(A) a fire management plan for the Black Butte
River segments designated by the amendment under
subsection (a); and
(B) a report on the cultural and historic resources
within those segments.
(2) 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
paragraph (1).
SEC. 8. 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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