II Calendar No. 66 109th CONGRESS 1st Session S. 128 [Report No. 109–47] 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.

1.

Short title

This Act may be cited as the Northern California Coastal Wild Heritage Wilderness Act .

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.

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.

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.

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)).

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.).

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 conflu (C)ence 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).

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. .

March 30, 2005 Reported without amendment