[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 128 Reported in Senate (RS)]






                                                        Calendar No. 66
109th CONGRESS
  1st Session
                                 S. 128

                          [Report No. 109-47]

  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

                             March 30, 2005

Reported, under authority of the order of the Senate of March 17, 2005, 
                   by Mr. Domenici, without amendment

_______________________________________________________________________

                                 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.''.
                                                        Calendar No. 66

109th CONGRESS

  1st Session

                                 S. 128

                          [Report No. 109-47]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             March 30, 2005

                       Reported without amendment