[Congressional Record Volume 143, Number 93 (Friday, June 27, 1997)]
[Senate]
[Pages S6729-S6740]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. TORRICELLI (for himself and Mr. Kerry):
  S. 977. A bill to amend the Forest and Rangeland Renewable Resources 
Planning Act of 1974 and related laws to strengthen the protection of 
native biodiversity and ban clearcutting on Federal lands, and to 
designate certain Federal lands as Ancient Forests, Roadless Areas, 
Watershed Protection Areas, Special Areas, and Federal Boundary Areas 
where logging and other intrusive activities are prohibited; to the 
Committee on Energy and Natural Resources.


                     THE SAVE AMERICA'S FORESTS ACT

  Mr. TORRICELLI. Mr. President, today, Senator Kerry and I are 
introducing the Save America's Forests Act. I rise to draw this 
country's attention to the management practices that threaten the 
health of our Nation's forest lands. When this country was founded over 
200 years ago, it is estimated that there was 1 billion acres of forest 
land across this Nation. Today, 95 percent of those original virgin 
forests have been cut down.
  Forests are unique and valuable public assets. Large, unfragmented 
forest watersheds provide high-quality water supplies for drinking, 
agriculture, industry, as well as habitat for recreational and 
commercial fisheries and other wildlife. The large-scale destruction of 
natural forests threatens other industries such as tourism and fishing 
with job loss. As a legacy for the enjoyment, knowledge, and well-being 
of future generations, provisions must be made for the protection and 
perpetuation of America's forests. We must also set an example to 
poorer developing countries to preserve their vast forests so they do 
not make the same mistakes we did. We cannot call upon these countries 
to preserve large portions of their rain forests when we do not 
preserve the last fraction of our own ancient forests.
  Clear cutting, even aged logging practices, and timber road 
construction have been the preferred management practices used on our 
Federal forests in recent years. These practices have caused widespread 
forest ecosystem fragmentation and degradation. The result is species 
extinction, soil erosion, flooding, declining water quality, 
diminishing commercial and sport fisheries--that is, salmon--and 
mudslides. Mudslides in Western forest regions during recent winter 
flooding have caused millions of dollars of environmental and property 
damage, and resulted in several deaths. An environmentally sustainable 
alternative to these practices is selection management: the selection 
system involves the removal of trees of different ages either singly or 
in small groups in order to preserve the biodiversity of the forest.
  Destructive forestry practices such as clearcutting on Federal lands 
was legalized by the passage of the National Forest Management Act of 
1976. From 1984 to 1991, an average of 243,000 acres were clearcut 
annually on Federal lands. During the same time period an average of 
only 33,000 acres were harvested using the protective selection 
management practices. Interpretations of forestry laws have also been 
used by Federal managers to include the promotion of even age logging 
and road construction. In addition, the laws are not effective in 
preserving our forests because in many cases judges do not allow 
citizens standing in court to ensure that the Forest Service or other 
agencies follow the environmental protections of the law.
  I am introducing this legislation to halt and reverse the effects of 
deforestation on Federal lands by ending the practice of clearcutting, 
while promoting environmentally compatible and economically sustainable 
selection management logging. It is important to note this legislation 
would only apply to Federal forests which constitute 20 percent of the 
country's harvestable timber supply, the vast majority of the 490 
million acres of harvestable timber are privately owned and unaffected 
by the bill. This legislation

[[Page S6730]]

puts forward positive alternatives that will achieve two principle 
policies for our Federal forests. First, the act would ban logging and 
road building in remaining core areas of biodiversity throughout the 
Federal forest system including roadless areas, specially designated 
areas and 13 million acres of Ancient Forests. Second, in noncore areas 
it would abolish environmentally dangerous forms of logging such as 
clearcutting and even aged logging.
  The act requires selection management logging practices to be used 
whereby timber companies would only be allowed to log a certain 
percentage of the forests over specified periods of time. Further it 
takes extra steps to protect watersheds and fisheries by prohibiting 
logging in buffer areas along streams, lakes, and wetlands. The act 
would also call for an independent panel of scientists to develop a 
plan to restore and rejuvenate those forests and their ecosystems that 
are damaged from decades of these logging practices. And finally, the 
legislation would empower citizen involvement in insuring compliance 
with environmental protections of forest management laws by making 
certain that all citizens have standing to pursue actions in court.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 977

       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 ``Act to 
     Save America's Forests''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes and findings.
Sec. 3. Effective date.

          TITLE I--AMENDMENTS TO EXISTING LAND MANAGEMENT LAWS

Sec. 101. Amendment of Forest and Rangeland Renewable Resources 
              Planning Act of 1974 relating to National Forest System 
              lands.
Sec. 102. Amendment of Federal Land Policy and Management Act of 1976 
              relating to the public lands.
Sec. 103. Amendment of National Wildlife Refuge System Administration 
              Act of 1966 relating to the National Wildlife Refuge 
              System.
Sec. 104. Amendment of National Indian Forest Resources Management Act 
              relating to Indian lands.
Sec. 105. Amendment of title 10, United States Code, relating to forest 
              management on military lands.

  TITLE II--PROTECTION FOR ANCIENT FORESTS, ROADLESS AREAS, WATERSHED 
      PROTECTION AREAS, SPECIAL AREAS, AND FEDERAL BOUNDARY AREAS

Sec. 201. Definitions and findings.
Sec. 202. Designation of Special Areas.
Sec. 203. Restrictions on management activities in Ancient Forests, 
              Roadless Areas, Watershed Protection Areas, Special 
              Areas, and Federal Boundary Areas.

     SEC. 2. PURPOSES AND FINDINGS.

       (a) Purposes.--The purposes of this Act are, on all Federal 
     public lands, to conserve native biodiversity and to protect 
     all native ecosystems against losses that result from--
       (1) clearcutting and other forms of even-age logging; and
       (2) logging in Ancient Forests, Roadless Areas, Watershed 
     Protection Areas, Special Areas, and Federal Boundary Areas.
       (b) Findings.--Congress finds the following:
       (1) Federal agencies of the United States that engage in 
     even-age logging practices include the Forest Service of the 
     Department of Agriculture, the United States Fish and 
     Wildlife Service, Bureau of Land Management, and Bureau of 
     Indian Affairs of the Department of the Interior, and the 
     Army, Navy, and Air Force of the Department of Defense.
       (2) Even-age logging causes substantial alterations in 
     native biodiversity by emphasizing the production of a 
     limited number of commercial species of trees on each site, 
     generally only one; by manipulating the vegetation toward 
     greater relative density of such commercial species, by 
     suppressing competing species, and by planting, on numerous 
     sites, a commercial strain that was developed to reduce the 
     relative diversity of genetic strains that previously 
     occurred within the species on the same sites.
       (3) Even-age logging kills immobile species and the very 
     young of mobile species of wildlife and depletes the habitat 
     of deep-forest species of animals, including endangered 
     species.
       (4) Even-age logging exposes the soil to direct sunlight 
     and the impact of rains, disrupts the surface, and compacts 
     organic layers. It disrupts the run-off restraining 
     capabilities of roots and low-lying vegetation, which results 
     in soil erosion, the leaching our of nutrients, a reduction 
     in the biological content of the soil, and the impoverishment 
     of the soil. All these consequences have a long-range 
     deleterious effect on all land resources, including timber 
     production.
       (5) Even-age logging decreases the capability of the soil 
     to retain carbon and, during the critical periods of felling 
     and site preparation, reduces the capacity of the biomass to 
     process and to store carbon, with a resultant of loss of such 
     carbon to the atmosphere, thereby aggravating global warming.
       (6) Even-age logging renders the soil increasingly 
     sensitive to acid deposits by causing a decline of soil wood 
     and coarse woody debris, thereby reducing the capacity of the 
     soil to retain water and nutrients, which increases soil heat 
     and impairs the soil's ability to maintain protective carbon 
     compounds on its surface.
       (7) Even-age logging results in increased stream 
     sedimentation, the silting of stream bottoms, a decline in 
     water quality, and the impairment of life cycles and spawning 
     processes of aquatic life from benthic organisms to large 
     fish, thereby depleting the sports and commercial fisheries 
     of the United States.
       (8) Even-age logging increases harmful edge effects, 
     including blowdowns, invasions by weed species, and heavier 
     losses to predators and competitors.
       (9) Even-age logging decreases the land's recreational 
     values, reducing deep, canopied, variegated, permanent 
     forests, thereby limiting areas where the public can fulfill 
     an expending need for recreation. Even-age logging replaces 
     such forests with a surplus of clearings that grow into 
     relatively impenetrable thickets of saplings, and then into 
     monoculture tree plantations.
       (10) Human beings depend on native biological resources, 
     including plants, animals, and micro-organisms, for food, 
     medicine, shelter, and other important products, and as a 
     source of intellectual and scientific knowledge, recreation, 
     and aesthetic pleasure.
       (11) Alteration of native biodiversity has serious 
     consequences for human welfare as America irretrievably loses 
     resources for research and agricultural, medicinal, and 
     industrial development.
       (12) Alteration of biodiversity in Federal forests 
     adversely affects the functions of ecosystems and critical 
     ecosystem processes that moderate climate, govern nutrient 
     cycles and soil conservation and production, control pests 
     and diseases, and degrade wastes and pollutants.
       (13) The harm of even-age logging to the natural resources 
     of this Nation and the quality of life of its people are 
     substantial, severe, and avoidable.
       (14) By substituting selection management, as prescribed in 
     this Act, for the even-age system, the Federal agencies now 
     engaged in even-age logging would substantially reduce 
     devastation to the environment and would improve the quality 
     of life of the American people.
       (15) By protecting native biodiversity, as prescribed in 
     this Act, Federal agencies would maintain vital native 
     ecosystems and would improve the quality of life of the 
     American people.
       (16) Selection logging is more job intensive, and therefore 
     provides more employment than even-age logging to manage the 
     same amount of timber production, and produces higher quality 
     sawlogs.
       (17) The court remedies now available to enforce Federal 
     forest laws are inadequate, and should be strengthened by 
     providing for injunctions, declaratory judgments, statutory 
     damages, and reasonable costs of suit.

     SEC. 3. EFFECTIVE DATE.

       (1) In General.--This Act and the amendments made by this 
     Act shall take effect on the date of the enactment of this 
     Act.
       (b) Effect on Existing Contracts.--The amendments made by 
     this Act shall not apply with respect to any contract to sell 
     timber which was awarded on or before the date of the 
     enactment of this Act.

          TITLE I--AMENDMENTS TO EXISTING LAND MANAGEMENT LAWS

     SEC. 101. AMENDMENT OF FOREST AND RANGELAND RENEWABLE 
                   RESOURCES PLANNING ACT OF 1974 RELATING TO 
                   NATIONAL FOREST SYSTEM LANDS.

       (a) Conservation of Native Biodiversity.--Section 
     6(g)(3)(B) of the Forest and Rangeland Renewable Resources 
     Planning Act of 1974 (16 U.S.C. 1604(g)(3)(B)) is amended to 
     read as follows:
       ``(B) In each stand and each watershed throughout each 
     forested area, the Secretary shall provide for the 
     conservation or restoration of native biodiversity except 
     during the extraction stage of authorized mineral development 
     or during authorized construction projects, in which events 
     the Secretary shall conserve native biodiversity to the 
     extent possible;''.
       (b) Committee of Scientists.--Section 6(h)(1) of the Forest 
     and Rangeland Renewable Resources Planning Act of 1974 (16 
     U.S.C. 1604(h)(1)) is amended to read as follows:
       ``(h) Committee of Scientists.--(1) In carrying out the 
     purposes of subsection (g) of this section, the Secretary 
     shall appoint a committee of scientists who are not officers 
     or employees of the Forest Service nor of any other public 
     entity, nor of any entity engaged in whole or in part in the 
     production of wood or wood products, and have not contracted 
     with or represented any such entities within a period of 5 
     years prior to serving on

[[Page S6731]]

     such committee. The committee shall provide scientific and 
     technical advice and counsel on proposed guidelines and 
     procedures and all other issues involving forestry and native 
     biodiversity to assure that an effective interdisciplinary 
     approach is proposed and adopted. The committee shall 
     terminate after the expiration of 10 years from the date of 
     the enactment of this paragraph.''.
       (c) Restriction on Use of Certain Logging Practices.--
     Section 6 of the Forest and Rangeland Renewable Resources 
     Planning Act of 1974 (16 U.S.C. 1604) is amended by adding at 
     the end the following:
       ``(n) Restriction on Use of Certain Logging Practices.--(1) 
     In each stand and watershed throughout each forested area, 
     the Secretary shall prohibit any even-age logging and any 
     even-age management after the date of the enactment of this 
     subsection.
       ``(2) On each stand already under even-age management, the 
     Secretary shall (A) prescribe a shift to selection 
     management, or (B) cease managing for timber purposes and 
     actively restore the native biodiversity, or permit each 
     stand to regain its native biodiversity.
       ``(3) For the purposes of this Act:
       ``(A) The term `native biodiversity' means the full range 
     of variety and variability within and among living organisms 
     and the ecological complexes in which they would have 
     occurred in the absence of significant human impact, and 
     encompasses diversity within a species (genetic diversity, 
     species diversity, or age diversity), within a community of 
     species (within-community diversity), between communities of 
     species (between-communities), within a total area such as a 
     watershed (total area), along a plane from ground to sky 
     (vertical), and along the plane of the earth-surface 
     (horizontal). Vertical and horizontal diversity apply to all 
     the other aspects of diversity.
       ``(B) The terms `conserve' and `conservation' refer to 
     protective measures for maintaining existing native 
     biodiversity and active and passive measures for restoring 
     diversity through management efforts, in order to protect, 
     restore, and enhance as much of the variety of species and 
     communities as possible in abundances and distributions that 
     provide for their continued existence and normal functioning, 
     including the viability of populations throughout their 
     natural geographic distributions.
       ``(C) The term `within-community diversity' means the 
     distinctive assemblages of species and ecological processes 
     that occur in different physical settings of the biosphere 
     and distinct parts of the world.
       ``(D) The term `genetic diversity' means the differences in 
     genetic composition within and among populations of a given 
     species.
       ``(E) The term `species diversity' means the richness and 
     variety of native species in a particular location of the 
     world.
       ``(F) The term `age diversity' means the naturally 
     occurring range and distribution of age classes within a 
     given species.
       ``(G) Selection management.--(i) The term `selection 
     management' means a method of logging that emphasizes the 
     periodic removal of trees, including mature, undesirable, and 
     cull trees in a manner that insures:
       ``(a) the maintenance of continuous high forest cover where 
     such cover naturally occurs,
       ``(b) the maintenance or natural regeneration of all native 
     species in a stand, and
       ``(c) the growth and development of trees through a range 
     of diameter or age classes to provide a sustained yield of 
     forest products.
       ``(ii) Cutting methods that develop and maintain selection 
     stands are:
       ``(a) Individual-tree selection, in which individual trees 
     of varying size and age classes are selected and logged in a 
     generally uniform pattern throughout a stand, and
       ``(b) Group selection, in which small groups of trees are 
     selected and logged.
       ``(iii) The application of individual-tree selection, group 
     selection, or any other method consistent with selection 
     management shall under no event:
       ``(a) create a clearing or opening that exceeds in width in 
     any direction the height of the tallest tree standing within 
     10 feet outside the edge of the clearing or opening, or
       ``(b) create a stand where the majority of trees are within 
     10 years of the same age, or
       ``(c) cut or remove more than 10 percent of the basal area 
     of a stand within 15 years. The foregoing limitation shall 
     not be deemed to establish a 150-year projected felling age 
     as the standard at which individual trees in a stand are to 
     be cut, nor shall native biodiversity be limited to that 
     which occurs within the context of a 150-year projected 
     felling age.
       ``(H) The term `stand' means a biological community with 
     enough identity by location, topography, or dominant species 
     to be managed as a unit, not to exceed 100 acres.
       ``(I) Even-age Logging and Even-age Management.--(i) The 
     terms `even-age logging' and `even-age management' mean any 
     logging activity which:
       ``(a) creates a clearing or opening that exceeds in width 
     in any direction the height of the tallest tree standing 
     within 10 feet outside the edge of the clearing or opening, 
     or
       ``(b) creates a stand where the majority of trees are 
     within 10 years of the same age, or
       ``(c) cuts or removes more than 10 percent of the basal 
     area of a stand within 15 years.
       ``(ii) Even-age logging and even-age management include the 
     application of clearcutting, seed-tree cutting, shelterwood 
     cutting, or any other logging method in a manner inconsistent 
     with selection management.
       ``(J) The term `clearcutting' means an even-age logging 
     operation that removes all of the trees over a considerable 
     area of a stand at one time.
       ``(K) The term `seed-tree' means an even-age logging 
     operation that leaves a small minority of seed trees in a 
     stand for any period of time.
       ``(L) The term `shelterwood cut' means an even-age logging 
     operation that leaves a minority (larger than in a seed-tree 
     cut) of the stand as a seed source or protection cover 
     remaining standing for any period of time.
       ``(M) The term `timber purposes' shall include the use, 
     sale, lease, or distribution of trees, or the felling of 
     trees or portions of trees except to create land space for a 
     structure or other use.
       ``(N) The term `basal area' means the area of the cross 
     section of a tree stem, including the bark, at 4.5 feet above 
     the ground.
       ``(4)(A)(i) The purpose of this paragraph is to foster the 
     widest possible enforcement of subsection (g)(3)(B) and this 
     subsection.
       ``(ii) Congress finds that all people of the United States 
     are injured by actions on lands to which subsection (g)(3)(B) 
     and this subsection apply.
       ``(B) The provisions of subsection (g)(3)(B) and this 
     subsection shall be enforced by the Secretary of Agriculture 
     and the Attorney General of the United States against any 
     person who violates either of them.
       ``(C)(i) Any citizen harmed by a violation of this Act may 
     enforce any provision of subsection (g)(3)(B) and this 
     subsection by bringing an action for declaratory judgment, 
     temporary restraining order, injunction, statutory damages, 
     and other remedies against any alleged violator including the 
     United States, in any district court of the United States.
       ``(ii) The court, after determining a violation of either 
     of such subsections, shall impose a damage award of not less 
     than $5,000, shall issue one or more injunctions and other 
     equitable relief, and shall award to the plaintiffs 
     reasonable costs of litigation including attorney's fees, 
     witness fees and other necessary expenses.
       ``(iii) The standard of proof in all actions brought under 
     this subparagraph shall be the preponderance of the evidence 
     and the trial shall be de novo.
       ``(D) The damage award authorized by subparagraph (C)(ii) 
     shall be paid by the violator or violators designated by the 
     court to the U.S. Treasury.
       ``(E) The damage award shall be paid from the U.S. 
     Treasury, as provided by Congress under section 1304 of title 
     31, United States Code, within 40 days after judgment to the 
     person or persons designated to receive it, to be applied in 
     protecting or restoring native biodiversity in or adjoining 
     Federal land. Any award of costs of litigation and any award 
     of attorney fees shall be paid within 40 days after judgment.
       ``(F) The United States, including its agents and employees 
     waives its sovereign immunity in all respects in all actions 
     under subsection (g)(3)(B) and this subsection. No notice is 
     required to enforce this subsection.''.
       (d) Repeal.--Section 6(g)(3)(F) of the Forest and Rangeland 
     Renewable Resource Planning Act of 1974 (16 U.S.C. 
     1604(g)(3)(F)) is hereby repealed.

     SEC. 102. AMENDMENT OF FEDERAL LAND POLICY AND MANAGEMENT ACT 
                   OF 1976 RELATING TO THE PUBLIC LANDS.

       (a) Conservation of Native Biodiversity.--Section 202(c) of 
     the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1712(c)) is amended--
       (1) by redesignating paragraphs (8) and (9) as paragraphs 
     (9) and (10), respectively; and
       (2) by inserting after paragraph (7) the following new 
     paragraph (8):
       ``(8) In each stand and each watershed throughout each 
     forested area, the Secretary shall provide for the 
     conservation or restoration of native biodiversity except 
     during the extraction stage of authorized mineral development 
     or during authorized construction projects, in which events 
     the Secretary shall conserve native biodiversity to the 
     extent possible;''.
       (b) Restriction on Use of Certain Logging Practices.--
     Section 202 of the Federal Land Policy and Management Act of 
     1976 (43 U.S.C. 1712) is amended by adding at the end the 
     following:
       ``(g) Restriction on Use of Certain Logging Practices.--(1) 
     In each stand and watershed throughout each forested area, 
     the Secretary shall prohibit any even-age logging and any 
     even-age management after the date of the enactment of this 
     subsection.
       ``(2) On each stand already under even-age management, the 
     Secretary shall (A) prescribe a shift to selection 
     management, or (B) cease managing for timber purposes and 
     actively restore the native biodiversity, or permit each 
     stand to regain its native biodiversity.
       ``(3) For the purposes of this Act:
       ``(A) The term `native biodiversity' means the full range 
     of variety and variability within and among living organisms 
     and the ecological complexes in which they would have 
     occurred in the absence of significant human impact, and 
     encompasses diversity within a species (genetic diversity, 
     species diversity, or age diversity), within a community of 
     species (within-community diversity), between communities of 
     species (between-communities), within a total area such as a 
     watershed (total area), along a plane from ground to sky 
     (vertical), and along the plane of the earth-surface 
     (horizontal). Vertical and horizontal diversity apply to all 
     the other aspects of diversity.

[[Page S6732]]

       ``(B) The terms `conserve' and `conservation' refer to 
     protective measures for maintaining existing native 
     biodiversity and active and passive measures for restoring 
     diversity through management efforts, in order to protect, 
     restore, and enhance as much of the variety of species and 
     communities as possible in abundances and distributions that 
     provide for their continued existence and normal functioning, 
     including the viability of populations throughout their 
     natural geographic distributions.
       ``(C) The term `within-community diversity' means the 
     distinctive assemblages of species and ecological processes 
     that occur in different physical settings of the biosphere 
     and distinct parts of the world.
       ``(D) The term `genetic diversity' means the differences in 
     genetic composition within and among populations of a given 
     species.
       ``(E) The term `species diversity' means the richness and 
     variety of native species in a particular location of the 
     world.
       ``(F) The term `age diversity' means the naturally 
     occurring range and distribution of age classes within a 
     given species.
       ``(G) Selection management.--(i) The term `selection 
     management' means a method of logging that emphasizes the 
     periodic removal of trees, including mature, undesirable, and 
     cull trees in a manner that insures:
       ``(a) the maintenance of continuous high forest cover where 
     such cover naturally occurs,
       ``(b) the maintenance or natural regeneration of all native 
     species in a stand, and
       ``(c) the growth and development of trees through a range 
     of diameter or age classes to provide a sustained yield of 
     forest products.
       ``(ii) Cutting methods that develop and maintain selection 
     stands are:
       ``(a) Individual-tree selection, in which individual trees 
     of varying size and age classes are selected and logged in a 
     generally uniform pattern throughout a stand, and
       ``(b) Group selection, in which small groups of trees are 
     selected and logged.
       ``(iii) The application of individual-tree selection, group 
     selection, or any other method consistent with selection 
     management shall under no event:
       ``(a) create a clearing or opening that exceeds in width in 
     any direction the height of the tallest tree standing within 
     10 feet outside the edge of the clearing or opening, or
       ``(b) create a stand where the majority of trees are within 
     10 years of the same age, or
       ``(c) cut or remove more than 10 percent of the basal area 
     of a stand within 15 years. The foregoing imitation shall not 
     be deemed to establish a 150-year projected felling age as 
     the standard at which individual trees in a stand are to be 
     cut, nor shall native biodiversity be limited to that which 
     occurs within the context of a 150-year projected felling 
     age.
       ``(H) The term, `stand' means a biological community with 
     enough identify by location, topography, or dominant species 
     to be managed as a unit, not to exceed 100 acres.
       ``(I) Even-age logging and even-age management.--(i) The 
     term `even-age logging' and `even-age management' mean any 
     logging activity which:
       ``(a) creates a clearing or opening that exceeds in width 
     in any direction the height of the tallest tree standing 
     within 10 feet outside the edge of the clearing or opening, 
     or
       ``(b) creates a stand where the majority of trees are 
     within 10 years of the same age, or
       ``(c) cuts or removes more than 10 percent of the basal 
     area of a stand within 15 years.
       ``(ii) Even-age logging and even-age management include the 
     application of clearcutting, seed-tree cutting, shelterwood 
     cutting, or any other logging method in a manner inconsistent 
     with selection management.
       ``(J) The term `clearcutting' means an even-age logging 
     operation that removes all of the trees over a considerable 
     area of a stand at one time.
       ``(K) The term `seed-tree cut' means an even-age logging 
     operation that leaves a small minority of seed trees in a 
     stand for any period of time.
       ``(L) The term `shelterwood cut' means an even-age logging 
     operation that leaves a minority (larger than in a seed-tree 
     cut) of the stand as a seed source or protection cover 
     remaining standing for any period of time.
       ``(M) The term `timber purposes' shall include the use, 
     sale, or lease, or distribution of trees, or the felling of 
     trees or portions of trees except to create land space for a 
     structure or other use.
       ``(N) The term `basal area' means the area of the cross 
     section of a tree stem, including the bark, at 4.5 feet above 
     the ground.
       ``(4)(A)(i) The purpose of this paragraph is to foster the 
     widest possible enforcement of subsection (c)(8) and this 
     subsection.
       ``(ii) Congress finds that all people of the United States 
     are injured by actions on lands to which subsection (c)(8) 
     and this subsection apply.
       ``(B) The provisions of subsection (c)(8) and this 
     subsection shall be enforced by the Secretary of the Interior 
     and the Attorney General of the United States against any 
     person who violates either of them.
       ``(C)(i) Any citizen harmed by a violation of this Act may 
     enforce any provision of subsection (c)(8) and this 
     subsection by bringing an action for declaratory judgment, 
     temporary restraining order, injunction, statutory damages, 
     and other remedies against any alleged violator including the 
     United States, in any district court of the United States.
       ``(ii) The court, after determining a violation of either 
     of such subsections, shall impose a damage award of not less 
     than $5,000, shall issue one or more injunctions and other 
     equitable relief, and shall award to the plaintiffs 
     reasonable costs of litigation including attorney's fees, 
     witness fees and other necessary expenses.
       ``(iii) The standard of proof in all actions brought under 
     this subparagraph shall be the preponderance of the evidence 
     and the trial shall be de novo.
       ``(D) The damage award authorized by subparagraph (C)(ii) 
     shall be paid by the violator or violators designated by the 
     court to the U.S. Treasury.
       ``(E) The damage award shall be paid from the U.S. 
     Treasury, as provided by Congress under section 1304 of title 
     31, United States Code, within 40 days after judgment to the 
     person or persons designated to receive it, to be applied in 
     protecting or restoring native biodiversity in or adjoining 
     Federal land. Any award of costs of litigation and any award 
     of attorney fees shall be paid within 40 days after judgment.
       ``(F) The United States, including its agents and employees 
     waives its sovereign immunity in all respects in all actions 
     under subsection (c)(8) and this subsection. No notice is 
     required to enforce this subsection.''.
       ``(c) Repeal.--Subsection (b) of section 701 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1701 note) 
     is hereby repealed.

     SEC. 103. AMENDMENT OF NATIONAL WILDLIFE REFUGE SYSTEM 
                   ADMINISTRATION ACT OF 1966 RELATING TO THE 
                   NATIONAL WILDLIFE REFUGE SYSTEM.

       Section 4 of the National Wildlife Refuge System 
     Administration Act of 1966 (16 U.S.C. 668dd) is amended by 
     adding at the end the following:
       ``(j) Conservation of Native Biodiversity.--In each stand 
     and each watershed throughout each forested area within the 
     System, the Secretary shall provide for the conservation or 
     restoration of native biodiversity, except during the 
     extraction stage of authorized mineral development or during 
     authorized construction projects, in which events the 
     Secretary shall conserve native biodiversity to the extent 
     possible.
       ``(k) Restriction on Use of Certain Logging Practices.--(1) 
     In each stand and watershed throughout each forested area, 
     the Secretary shall prohibit any even-age logging and any 
     even-age management after the date of the enactment of this 
     subsection.
       ``(2) On each stand already under even-age management, the 
     Secretary shall (A) prescribe a shift to selection 
     management, or (B) cease managing for timber purposes and 
     actively restore the native biodiversity, or permit each 
     stand to regain its native biodiversity.
       ``(3) For the purposes of this subsection:
       ``(A) The term `native biodiversity' means the full range 
     of variety and variability within and among living organisms 
     and the ecological complexes in which they would have 
     occurred in the absence of significant human impact, and 
     encompasses diversity within a species (genetic diversity, 
     species diversity, or age diversity), within a community of 
     species (within-community diversity), between communities of 
     species (between-communities), within a total area such as a 
     watershed (total area), along a plane from ground to sky 
     (vertical), and along the plane of the earth-surface 
     (horizontal). Vertical and horizontal diversity apply to all 
     the other aspects of diversity.
       ``(B) The term `conserve' and `conservation' refer to 
     protective measures for maintaining existing native 
     biodiversity and active and passive measures for restoring 
     diversity through management efforts, in order to protect, 
     restore, and enhance as much of the variety of species and 
     communities as possible in abundances and distributions that 
     provide for their continued existence and normal functioning, 
     including the viability of populations throughout their 
     natural geographic distributions.
       ``(C) The term `within-community diversity' means the 
     distinctive assemblages of species and ecological processes 
     that occur in different physical settings of the biosphere 
     and distinct parts of the world.
       ``(D) The term genetic diversity means the differences in 
     genetic composition within and among populations of a given 
     species.
       ``(E) The term `species diversity' means the richness and 
     variety of native species in a particular location of the 
     world.
       ``(F) The term `age diversity' means the naturally 
     occurring range and distribution of age classes within a 
     given species.
       ``(G) Selection management.--(i) The term ``selection 
     management'' means a method of logging that emphasizes the 
     periodic removal of trees, including mature, undesirable, and 
     cull trees in a manner that insures:
       (a) the maintenance of continuous high forest cover where 
     such cover naturally occurs,
       (b) the maintenance or natural regeneration of all native 
     species in a stand, and
       (c) the growth and development of trees through a range of 
     diameter or age classes to provide a sustained yield of 
     forest products.
       (ii) Cutting methods that develop and maintain selection 
     stands are:
       (a) Individual-tree selection, in which individual trees of 
     varying size and age classes are selected and logged in a 
     generally uniform pattern throughout a stand, and
       (b) Group selection, in which small groups of trees are 
     selected and logged.
       (iii) The application of individual-tree selection, group 
     selection, or any other method consistent with selection 
     management shall under no event:

[[Page S6733]]

       (a) create a clearing or opening that exceeds in width in 
     any direction the height of the tallest tree standing within 
     10 feet outside the edge of the clearing or opening, or
       (b) create a stand where the majority of trees are within 
     10 years of the same age, or
       (c) cut or remove more than 10 percent of the basal area of 
     a stand within 15 years. The foregoing limitation shall not 
     be deemed to establish a 150-year projected felling age as 
     the standard at which individual trees in a stand are to be 
     cut, nor shall native biodiversity be limited to that which 
     occurs within the context of a 150-year projected felling 
     age.
       ``(H) The term ``stand'' means a biological community with 
     enough identity by location, topography, or dominant species 
     to be managed as a unit, not to exceed 100 acres.
       ``(I) Even-age logging and even-age management.--(i) The 
     terms ``even-age logging'' and ``even-age management'' mean 
     any logging activity which:
       (a) creates a clearing or opening that exceeds in width in 
     any direction the height of the tallest tree standing within 
     10 feet outside the edge of the clearing or opening, or
       (b) creates a stand where the majority of trees are within 
     10 years of the same age, or
       (c) cuts or removes more than 10 percent of the basal area 
     of a stand within 15 years.
       (ii) Even-age logging and even-age management include the 
     application of clearcutting, seed-tree cutting, shelterwood 
     cutting, or any other logging method in a manner inconsistent 
     with selection management.
       ``(J) The term ``clearcutting'' means an even-age logging 
     operation that removes all of the trees over a considerable 
     area of a stand at one time.
       ``(K) The term ``seed-tree cut'' means an even-age logging 
     operation that leaves a small minority of seed trees in a 
     stand for any period of time.
       ``(L) The term ``shelterwood cut'' means an even-age 
     logging operation that leaves a minority (larger than in a 
     seed-tree cut) of the stand as a source or protection cover 
     remaining standing for any period of time.
       ``(M) The term ``timber purposes'' shall include the use, 
     sale, lease, or distribution of trees, or the felling of 
     trees or portions of trees except to create land space for a 
     structure or other use.
       ``(N) The term ``basal area'' means the area of the cross 
     section of a tree stem, including the bark, at 4.5 feet above 
     the ground.
       ``(4)(A)(i) The purpose of this paragraph is to foster the 
     widest possible enforcement of subsection (j) and this 
     subsection.
       ``(ii) Congress finds that all people of the United States 
     are injured by actions on lands to which subsection (j) and 
     this subsection apply.
       ``(B) The provisions of subsection (j) and this subsection 
     shall be enforced by the Secretary of the Interior and the 
     Attorney General of the United States against any person who 
     violates either of them.
       ``(C)(i) Any citizen harmed by a violation of this Act may 
     enforce any provisions of this subsection by bringing an 
     action for declaratory judgment, temporary restraining order, 
     injunction, statutory damages, and other remedies against any 
     alleged violator including the United States, in any district 
     court of the United States.
       ``(ii) The court, after determining a violation of either 
     of such subsections, shall impose a damage award of not less 
     than $5,000, shall issue one or more injunctions and other 
     equitable relief, and shall award to the plaintiffs 
     reasonable costs of litigation including attorney's fees, 
     witness fees and other necessary expenses.
       ``(iii) The standard of proof in all actions brought under 
     this subparagraph shall be the preponderance of the evidence 
     and the trial shall be de novo.
       ``(D) The damage award authorized by subparagraph (C)(ii) 
     shall be paid by the violator or violators designed by the 
     court to the U.S. Treasury.
       ``(E) The damage award shall be paid from the U.S. 
     Treasury, as provided by Congress under section 1304 of title 
     31, United States Code, within 40 days after judgment to the 
     person or persons designated to receive it, to be applied in 
     protecting or restoring native biodiversity in or adjoining 
     Federal land. Any award of costs of litigation and any award 
     of attorney fees shall be paid within 40 days after judgment.
       ``(F) The United States, including its agents and employees 
     waives its sovereign immunity in all respects in all actions 
     under subsection (j) and this subsection. No notice is 
     required to enforce this subsection.''.

     SEC. 104. AMENDMENT OF NATIONAL INDIAN FOREST RESOURCES 
                   MANAGEMENT ACT RELATING TO INDIAN LANDS.

       Section 305 of the National Indian Forest Resources 
     Management Act (25 U.S.C. 4535) is amended by adding at the 
     end the following new subsections:
       ``(c) Conservation of Native Biodiversity.--In each stand 
     and each watershed throughout each forested area on Indian 
     lands, the Secretary shall provide for the conservation or 
     restoration of native biodiversity except during the 
     extraction stage of authorized mineral development or during 
     authorized construction projects, in which events the 
     Secretary shall conserve native biodiversity to the extent 
     possible;''.
       ``(d) Restriction on Use of Certain Logging Practices.--(1) 
     In each stand and watershed throughout each forested area, 
     the Secretary shall prohibit any even-age logging and any 
     even-age management after the date of the enactment of this 
     subsection.
       ``(2) On each stand already under even-age management, the 
     Secretary shall (A) prescribe a shift to selection 
     management, or (B) cease managing for timber purposes and 
     actively restore the native biodiversity, or permit each 
     stand to regain its native biodiversity.
       ``(3) For the purposes of this section:.
       ``(A) The term ``native biodiversity'' means the full range 
     of variety and variability within and among living organisms 
     and the ecological complexes in which they would have 
     occurred in the absence of significant human impact, and 
     encompasses diversity within a specie (genetic diversity, 
     species diversity, or age diversity), within a community of 
     species (within-community diversity), between communities of 
     species (between-communities), within a total area such as a 
     watershed (total area), along a plane from ground to sky 
     (vertical), and along the plane of the earth-surface 
     (horizontal). Vertical and horizontal diversity apply to all 
     the other aspects of diversity.
       ``(B) The terms ``conserve'' and ``conservation'' refer to 
     protective measures for maintaining existing native 
     biodiversity and active and passive measures for restoring 
     diversity through management efforts, in order to protect, 
     restore, and enhance as much of the variety of species and 
     communities as possible in abundances and distributions that 
     provide for their continued existence and normal functioning, 
     including the viability of populations throughout their 
     natural geographic distributions.
       ``(C) The term ``within-community diversity'' means the 
     distinctive assemblages of species and ecological processes 
     that occur in different physical settings of the biosphere 
     and distinct parts of the world.
       ``(D) The term ``genetic diversity'' means the differences 
     in genetic composition within and among populations of a 
     given species.
       ``(E) The term ``species diversity'' means the richness and 
     variety of native species in a particular location of the 
     world.
       ``(F) The term ``age diversity'' means the naturally 
     occurring range and distribution of age classes within a 
     given species.
       ``(G) Selection management.--(i) The term ``selection 
     management'' means a method of logging that emphasizes the 
     periodic removal of trees, including mature, undesirable, and 
     cull trees in a manner that insures:
       ``(a) the maintenance of continuous high forest cover where 
     such cover naturally occurs.
       ``(b) the maintenance or natural regeneration of all native 
     species in a stand, and
       ``(c) the growth and development of trees through a range 
     of diameter or age classes to provide a sustained yield of 
     forest products.
       ``(ii) Cutting methods that develop and maintain selection 
     stands are:.
       ``(a) Individual-tree selection, in which individual trees 
     of varying size and age classes are selected and logged in a 
     generally uniform pattern throughout a stand, and
       ``(b) Group selection, in which small groups of trees are 
     selected and logged.
       ``(iii) The application of individual-tree selection, group 
     selection, or any other method consistent with selection 
     management shall under no event:
       ``(a) create a clearing or opening that exceeds in width in 
     any direction the height of the tallest tree standing within 
     10 feet outside the edge of the clearing or opening, or
       ``(b) create a stand where the majority of trees are within 
     10 years of the same age, or
       ``(c) cut or remove more than 10 percent of the basal area 
     or a stand within 15 years. The foregoing limitation shall 
     not be. deemed to establish a 150-year projected felling age 
     as the standard at which individual tress in a stand are 
     to be cut, nor shall native biodiversity be limited to 
     that which occurs within the context of a 150-year 
     projected felling age.
       ``(H) The term ``stand'' means a biological community with 
     enough identity by location, topography, or dominant species 
     to be managed as a unit, not to exceed 100 acres
       ``(I) Even-age logging and even-age management.--(i) The 
     terms ``even-age logging'' and ``even-age management'' mean 
     any logging activity which:
       (a) creates a clearing or opening that exceeds in width in 
     any direction the height of the tallest tree standing within 
     10 feet outside the edge of the clearing or opening, or
       (b) creates a stand where the majority of trees are within 
     10 years of the same age, or
       (c) cuts or removes more than 10 percent of the basal area 
     of a stand within 15 years.
       ``Even-age logging and even-age management include the 
     application of clearcutting, seed-tree cutting, shelterwood 
     cutting, or any other logging method in a manner inconsistent 
     with selection management.
       ``(J) The term ``clearcutting'' means an even-age logging 
     operation that removes all of the trees over a considerable 
     area of a stand at one time.
       ``(K) The term ``seed-tree cut'' means an even-age logging 
     operation that leaves a small minority of seed trees in a 
     stand for any period of time.
       ``(L) The term ``shelterwood cut'' means an even-age 
     logging operation that leaves a minority (larger than in a 
     seed-tree cut) of the stand as a seed source or protection 
     cover remaining standing for any period of time.
       ``(M) The term ``timber purposes'' shall include the use, 
     sale, lease, or distribution of trees, or the felling of 
     trees or portions of trees except to create land space for a 
     structure or other use.
       ``(N) The term ``basal area'' means the area of the cross 
     section of a tree stem, including the bark, at 4.5 beet above 
     the ground.
       ``(4)(A)(i) The purpose of this paragraph is to foster the 
     widest possible enforcement of subsection (c) and this 
     subsection.

[[Page S6734]]

       ``(ii) Congress finds that all people of the United States 
     are injured by actions on lands to which subsection (c) and 
     this subsection apply.
       ``(B) The provisions of subsection (c) and this subsection 
     shall be enforced by the Secretary of the Interior and the 
     Attorney General of the United States against any person who 
     violates either of them.
       ``(C)(i) Any citizen harmed by a violation of this Act may 
     enforce any provision of subsection (c) and this subsection 
     by bringing an action for declaratory judgment, temporary 
     restraining order, injunction, statutory damages, and other 
     remedies against any alleged violator including the United 
     States, in any district court of the United States.
       ``(ii) The court, after determining a violation of either 
     of such subsections shall impose a damage award of not less 
     than $5,000, shall issue one or more injunctions and other 
     equitable relief, and shall award to the plaintiffs 
     reasonable costs of litigation including attorney's fees, 
     witness fees and other necessary expenses.
       ``(iii) The standard of proof in all actions brought under 
     this subparagraph shall be the preponderance of the evidence 
     and the trial shall be de novo.
       ``(D) The damage award authorized by subparagraph (C)(ii) 
     shall be paid by the violator or violators designated by the 
     court to the U.S. Treasury.
       ``(E) The damage award shall be paid from the U.S. 
     Treasury, as provided by Congress under section 1304 of title 
     31, United States Code, within 40 days after judgment to the 
     person or persons designated to receive it, to be applied in 
     protecting or restoring native biodiversity in or adjoining 
     Federal land. Any award of costs of litigation and any award 
     of attorney fees shall be paid within 40 days after judgment.
       ``(F) The United States, including its agents and employees 
     waives it sovereign immunity in all respects in all actions 
     under subsection (c) and this subsection. No notice is 
     required to enforce this subsection.''.

     SEC. 105. AMENDMENT OF TITLE 10, UNITED STATES CODE, RELATING 
                   TO FOREST MANAGEMENT ON MILITARY LANDS.

       (a) In General.--chapter 159 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``SEC. 2694. CONSERVATION OF NATIVE BIODIVERSITY.

       ``(a) Conservation of Native Biodiversity.--In each stand 
     and each watershed throughout each forested area on a 
     military installation or projects administered by the Army 
     Corps of Engineers, the Secretary shall provide for the 
     conservation or restoration of native biodiversity, except 
     during authorized construction projects in which events the 
     Secretary shall conserve native biodiversity to the extent 
     possible.
       ``(b) Restriction on Use of Certain Logging Practices.--(1) 
     In each stand and watershed throughout each forested area, 
     the Secretary shall prohibit any even-age logging and any 
     even-age management after the date of the enactment of this 
     subsection.
       ``(2) On each stand already under even-age management, the 
     Secretary shall (A) prescribe a shift to selection 
     management, or (B) cease managing for timber purposes and 
     actively restore the native biodiversity, or permit each 
     stand to regain its native biodiversity.
       ``(3) In this section:
       ``(A) The term ``native biodiversity'' means the full range 
     of variety and variability within and among living organisms 
     and the ecological complexes in which they would have 
     occurred in the absence of significant human impact, and 
     encompasses diversity within a species (genetic diversity, 
     species diversity, or age diversity), within a community of 
     species (within-community diversity), between communities of 
     species (between-communities), within a total area such as a 
     watershed (total area), along a plane from ground to sky 
     (vertical), and along the plane of the earth-surface 
     (horizontal). Vertical and horizontal diversity apply to all 
     the other aspects of diversity.
       ``(B) The terms ``conserve'' and ``conservation'' refer to 
     protective measures for maintaining existing native 
     biodiversity and active and passive measures for restoring 
     diversity through management efforts, in order to protect, 
     restore, and enhance as much of the variety of species and 
     communities as possible in abundances and distributions that 
     provide for their continued existence and normal functioning, 
     including the viability of populations throughout their 
     natural geographic distributions.
       ``(C) The term ``within-community diversity'' means the 
     distinctive assemblages of species and ecological processes 
     that occur in different physical settings of the biosphere 
     and distinct parts of the world.
       ``(D) The term ``genetic diversity'' means the differences 
     in genetic composition within and among populations of a 
     given species.
       ``(E) The term ``species diversity'' means the richness and 
     variety of native species in a particular location of the 
     world.
       (F) The term ``age diversity'' means the naturally 
     occurring range and distribution of age classes within a 
     given ``species.''
       (G) Selection management.--(i) The term ``selection 
     management'' means a method of logging that emphasizes the 
     periodic removal of trees, including mature, undesirable, and 
     cull trees in a manner that insures:
       (a) the maintenance of continuous high forest cover where 
     such cover naturally occurs.
       (b) the maintenance or natural regeneration of all native 
     species in a stand, and
       (c) the growth and development of trees through a range of 
     diameter or age classes to provide a sustained yield of 
     forest products.
       (ii) Cutting methods that develop and maintain selection 
     stands are:
       (a) Individual-tree selection, in which individual trees of 
     varying size and age classes are selected and logged in a 
     generally uniform pattern throughout a stand, and
       (b) Group selection, in which small groups of trees are 
     selected and logged.
       (iii) The application of individual-tree selection, group 
     selection, or any other method consistent with selection 
     management shall under no event:
       (a) create a clearing or opening that exceeds in width in 
     any direction the height of the tallest tree standing within 
     10 feet outside the edge of the clearing or opening, or
       (b) create a stand where the majority of trees are within 
     10 years of the same age, or
       (c) cut or remove more than 10 percent of the basal area of 
     a stand within 15 years. The foregoing limitation shall not 
     be deemed to establish a 150-year projected felling age as 
     the standard at which individual trees in a stand are to be 
     cut, nor shall native biodiversity be limited to that which 
     occurs within the context of a 150-year projected felling 
     age.
       ``(H) The term ``stand'' means a biological community with 
     enough identity by location, topography, or dominant species 
     to be managed as a unit, not to exceed 100 acres.
       ``(I) Even-age, logging, and even-age management.--(i) The 
     terms ``even-age logging'' and ``even-age management'' mean 
     any logging activity which:
       (a) creates a clearing or opening that exceeds in width in 
     any direction the height of the tallest tree standing within 
     10 feet outside the edge of the clearing or opening, or
       (b) create a stand where the majority of trees are within 
     10 years of the same age, or
       (c) cuts or removes more than 10 percent of the basal area 
     of a stand within 15 years.
       (ii) Even-age logging and even-age management include the 
     application of clearcutting, seed-tree cutting, shelterwood 
     cutting, or any other logging method in a manner inconsistent 
     with selection management.
       ``(J) The term ``clearcutting'' means an even-age logging 
     operation that removes all of the trees over a considerable 
     area of a stand at one time.
       ``(K) The term ``seed-tree cut'' means an even-age logging 
     operation that leaves a small minority of seed trees in a 
     stand for any period of time.
       ``(L) The term ``shelterwood cut'' means an even-age 
     logging operation that leaves a minority (larger than in a 
     seed-tree cut) of the stand as a seed source or protection 
     cover remaining standing for any period of time.
       ``(M) The term ``timber purposes'' shall include the use, 
     sale, lease, or distribution of trees, or the felling of 
     trees or portions of trees except to create land space for a 
     structure or other use.
       ``(N) The term ``basal area'' means the area of the cross 
     section of a tree stem, including the bark, at 4.5 feet above 
     the ground.
       ``(4)(A)(i) The purpose of this paragraph is to foster the 
     widest possible enforcement of this section.
       ``(ii) Congress finds that all people of the United States 
     are injured by actions on lands to which this section 
     applies.
       ``(B) The provisions of this section shall be enforced by 
     the Secretary of Defense and the Attorney General of the 
     United States against any person who violates this section.
       ``(C)(i) Any citizen harmed by a violation of this Act may 
     enforce any provision of this section by bringing an action 
     for declaratory judgment, temporary restraining order, 
     injunction, statutory damages, and other remedies against any 
     alleged violator including the United States, in any district 
     court of the United States.
       ``(ii) The court, after determining a violation of this 
     section, shall impose a damage award of not less than $5,000, 
     shall issue one or more injunctions and other equitable 
     relief, and shall award to the plaintiffs reasonable costs of 
     litigation including attorney's fees, witness fees and other 
     necessary expenses.
       ``(iii) The standard of proof in all actions brought under 
     this subparagraph shall be the preponderance of the evidence 
     and the trial shall be de novo.
       ``(D) The damage award authorized by subparagraph (C)(ii) 
     shall be paid by the violator or violators designated by the 
     court to the U.S. Treasury.
       ``(E) The damage award shall be paid from the U.S. 
     Treasury, as provided by Congress under section 1304 of title 
     31, United States Code, within 40 days after judgment to the 
     person or persons designated to receive it, to be applied in 
     protecting or restoring native biodiversity in or adjoining 
     Federal land. Any award of costs of litigation and any award 
     of attorney fees shall be paid within 40 days after judgment.
       ``(F) The United States, including its agents and employees 
     waives its sovereign immunity in all respects in all actions 
     under this section. No notice is required to enforce this 
     section.''.
       (b) Conforming Amendment.--The table of sections for 
     chapter 159 of title 10, United States Code, is amended by 
     adding at the end the following new item: ``2694. 
     Conservation of native biodiversity.''.

[[Page S6735]]

  TITLE II--PROTECTION FOR ANCIENT FORESTS, ROADLESS AREAS, WATERSHED 
      PROTECTION AREAS, SPECIAL AREAS, AND FEDERAL BOUNDARY AREAS

     SEC. 201. DEFINITIONS AND FINDINGS.

       (a) Definitions.--For purposes of this title:
       (1) Extractive logging.--The term ``extractive logging'' 
     means the cutting or removal of any trees from Federal forest 
     lands for any purpose.
       (2) Ancient forests.--The term ``Ancient Forests'' refers 
     to ``Northwest Ancient Forests'', ``East Side Cascade Ancient 
     Forests'', and ``Sierra Nevada Ancient Forests'' as defined 
     below:
       (A) The term ``Northwest Ancient Forests'' refers to--
       (i) Federal lands identified as Late-Successional Reserves, 
     Riparian Reserves, and Key Watersheds under the heading 
     ``Alternative 1'' of the report ``Final Supplemental 
     Environmental Impact Statement on Management of Habitat for 
     Late-Successional and Old-Growth Forest Related Species 
     Within the Range of the Northern Spotted Owl, Vol. I.'', 
     dated February 1994; and
       (ii) Federal lands identified by the term ``Medium and 
     Large Conifer Multi-Storied, Canopied Forests'' as defined in 
     ``Final Supplemental Environmental Impact Statement 
     on Management of Habitat for Late-Successional and Old-
     Growth Forest Related Species Within the Range of the 
     Northern Spotted Owl, Vol. I.'', dated February 1994.
       (B) The term ``Eastside Cascade Ancient Forests'' refers 
     to--
       (i) Federal lands identified as ``Late-Succession/Old-
     growth Forest (LS/OG)'' depicted on maps for the Colville, 
     Fremont, Malheur, Ochoco, Umatilla, Wallowa-Whitman and 
     Winema National Forests in the document entitled ``Interim 
     Protection for Late-Successional Forests, Fisheries, and 
     Watersheds: National Forests East of the Cascade Crest, 
     Oregon, and Washington'', prepared by the Eastside Forests 
     Scientific Society Panel (The Wildlife Society, Technical 
     Review 94-2, August 1994);
       (ii) Federal lands, east of the Cascade crest in Oregon and 
     Washington defined as ``late successional and old-growth 
     forests'' in the general definition on page 28 of the report 
     entitled ``Interim Protection for Late-Successional Forests, 
     Fisheries, and Watersheds: National Forests East of the 
     Cascade Crest, Oregon, and Washington''; and
       (iii) Federal lands classified as ``Oregon Aquatic 
     Diversity Areas'' as defined in the report entitled ``Interim 
     Protection for Late-Successional Forests, Fisheries, and 
     Watersheds: National Forests East of the Cascade Crest, 
     Oregon, and Washington''.
       (C) The term ``Sierra Nevada Ancient forests'' refers to
       (i) Federal lands identified as ``Areas of Late-
     Successional Emphasis (ALSE)'' in the document entitled 
     ``Final Report to Congress: Status of the Sierra Nevada'', 
     prepared by the Sierra Nevada Ecosystem Project (Wildland 
     Resources Center Report #40, University of California, David, 
     1996/97);
       (ii) Federal lands identified as ``Late-Successional/Old-
     Growth Forests Rank, 3, 4 or 5'' in the document entitled 
     ``Final Report to Congress: Status of the Sierra Nevada''; 
     and
       (iii) Federal lands identified as ``Potential Aquatic 
     Diversity Management Areas'' in the map on page 1497 of the 
     document entitled ``Final Report to Congress: Status of the 
     Sierra Nevada, Volume II''.
       (3) Improved roads.--The term ``improved roads'' means any 
     roads maintained for travel by standard passenger type 
     vehicles.
       (4) Roadless areas.--The term ``Roadless Areas'' means 
     those contiguous parcels of Federal land that are devoid of 
     improved roads, except as permitted by subparagraph (B), 
     and--
       (A) are greater than or equal to 5,000 acres west of the 
     100th meridian; or
       (B) are greater than or equal to 1,500 acres east of the 
     100th meridian, but possibly containing up to \1/2\ mile of 
     improved roads per 1,000 acres; or
       (C) are less than 5,000 acres, but share a border that is 
     not an improved road with an existing Wilderness Area, 
     Primitive Area, or Wilderness Study Area.
       (5) Watershed protection areas.--The term ``Watershed 
     Protection Areas'' refers to Federal lands
       (A) extending 300 feet from both sides of the active stream 
     channel of any permanently flowing stream or river, or
       (B) extending 100 feet from both sides of the active 
     channel of any intermittent, ephemeral or seasonal stream, or 
     any other non-permanently flowing drainage feature having a 
     definable channel and evidence of annual scour or deposition 
     of flow-related debris, or
       (C) extending 300 feet from the edge of the maximum level 
     of any natural lake or pond, or
       (D) extending 150 feet from the edge of the maximum level 
     of constructed lakes, ponds, or reservoirs and natural or 
     constructed wetlands including.
       (6) Special areas.--The term ``Special Areas'' means 
     certain area of Federal land designated in section 202.
       (7) Federal boundary areas.--The term ``Federal Boundary 
     Areas'' means lands managed by the Forest Service, Bureau of 
     Land Management, or Fish & Wildlife Service, within 200 feet 
     of a property line.
       (8) Secretary concerned.--The term ``Secretary concerned'' 
     means the head of the Federal agency having jurisdiction over 
     Federal lands included within an Ancient Forest, Roadless 
     Area, Watershed Protection Area, Special Area, or Federal 
     Boundary Area.
       (b) Findings.--Congress finds the following:
       (1) Unfragmented forests on Federal lands are unique an 
     valuable assets to the general public which are damaged by 
     extractive logging.
       (2) Less than 10 percent of the original unlogged forests 
     of the Untied States remain. The vast majority of the 
     remnants of America's original forests are located on Federal 
     lands.
       (3) Large, unfragmented forest watersheds provide high-
     quality water supplies for drinking, agriculture, industry, 
     and fisheries across the United States.
       (4) The most recent scientific studies indicate that 
     several thousand species of plants and animals are dependent 
     on large, unfragmented forest areas.
       (5) Many neotropical migratory songbird species are 
     currently experiencing documented broad-scale population 
     declines and require large, unfragmented forests to ensure 
     their survival.
       (6) Destruction of large-scale natural forests has resulted 
     in a tremendous loss of jobs in the fishing, hunting, 
     tourism, recreation, and guiding industries, and has 
     adversely affected sustainable nontimber forest products 
     industries such as the collection of mushrooms and herbs.
       (7) Extractive logging programs on Federal lands are 
     carried out at enormous financial costs to the United States 
     Treasury and American taxpayers.
       (8) The Ancient Forests continue to be threatened by 
     logging and deforestation and are rapidly disappearing.
       (9) Ancient Forests help regulate atmospheric balance, 
     maintain biodiversity, and provide valuable scientific 
     opportunity for monitoring the health of the planet.
       (10) Prohibiting extractive logging in the Ancient Forests 
     would create the best conditions for ensuring stable, well 
     distributed, and viable populations of the northern spotted 
     owl, marbled murrelet, American marten, and other 
     vertebrates, invertebrates, vascular plants, and nonvascular 
     plants associated with those forests.
       (11) Prohibiting extractive logging in the Ancient Forests 
     would create the best conditions for ensuring stable, well 
     distributed, and viable populations of anadromous salmonids, 
     resident salmonids, and bull trout.
       (12) Roadless areas are de facto wilderness that provide 
     wildlife habitat and recreation.
       (13) Roadless areas contain many of the largest 
     unfragmented forests on Federal lands. Large unfragmented 
     forests are among the last refuges for native animal and 
     plant biodiversity, and are vital to maintaining viable 
     populations of threatened, endangers, sensitive, and rare 
     species.
       (14) Roads cause soil erosion, disrupt wildlife migration, 
     and allow nonnative species of plants and animals to invade 
     native forests.
       (15) The morality and reproduction patterns of forest 
     dwelling animal populations are adversely affected by 
     traffic-related fatalities that accompany roads.
       (16) The exceptional recreational, biological, scientific, 
     or economic assets of certain special forested areas on 
     Federal lands are valuable to the American public and are 
     damaged by extractive logging in these areas.
       (17) In order to gauge the effectiveness and 
     appropriateness of current and future resource management 
     activities, and to continue to broaden and develop our 
     understanding of silvicultural practices, many special 
     forested areas need to remain in a natural, unmanaged state 
     to serve as scientifically established baseline control 
     forests.
       (18) Certain special forested areas provide habitat for the 
     survival and recovery of endangered and threatened plant and 
     wildlife species such as grizzly bears, spotted owls, Pacific 
     salmon, and Pacific yew that are harmed by extractive 
     logging.
       (19) Many special forested areas on Federal lands are 
     considered sacred sites by native peoples.
       (20) Ecological, economic, and aesthetic values on private 
     property are damaged by logging and roadbuilding in Federal 
     Boundary Areas.
       (21) As a legacy for the enjoyment, knowledge, and well-
     being of future generations, provisions must be made for the 
     protection and perpetuation of America's Ancient Forests, 
     Roadless Areas, Watershed Protection Areas, Special Areas, 
     and Federal Boundary Areas.

     SEC. 202. DESIGNATION OF SPECIAL AREAS.

       (a) Description of Special Areas.--
       (1) In general.--Special areas are parcels of Federal 
     forest land that posses outstanding biological, scenic, 
     recreational, or cultural values, exemplary on a regional, 
     national, or international level, yet may not meet the 
     definitions of Ancient Forests, Roadless Areas, Watershed 
     Protection Areas, or Federal Boundary Areas.
       (2) Biological values.--Biological values include--
       (A) the presence of threatened or endangered species of 
     plants or animals;
       (B) rare or endangered ecosystems;
       (C) key habitats necessary for the recovery of endangered 
     or threatened species;
       (D) recovery or restoration areas of rare or 
     underrepresented forest ecosystems;
       (E) migration corridors;
       (F) areas of outstanding biodiversity;

[[Page S6736]]

       (G) old growth forests;
       (H) commercial fisheries; and
       (I) sources of clean water such as key watersheds.
       (3) Scenic values.--Scenic values include--
       (A) unusual geological formations;
       (B) designated wild and scenic rivers;
       (C) unique biota; and
       (D) vistas.
       (4) Recreational values.--Recreational values include--
       (A) designated National Recreational Trails or Recreational 
     Areas;
       (B) popular areas for recreation and sports including--
       (i) hunting;
       (ii) fishing;
       (iii) camping;
       (iv) hiking;
       (v) aquatic recreation; and
       (vi) winter recreation;
       (C) Federal lands in regions that are underserved in terms 
     of recreation;
       (D) lands adjacent to designated Wilderness Areas; and
       (E) solitude.
       (5) Cultural values.--Cultural values include--
       (A) sites with Native American religious significance; and
       (B) historic or prehistoric archaeological sites eligible 
     for national historic register.
       (b) Size Variation.--Special areas may vary in size to 
     encompass the outstanding biological, scenic, recreational, 
     or cultural value or values to be protected.
       (c) Designation of Special Areas.--For purposes of this 
     title, there are hereby designated the following Special 
     Areas, which shall be subject to the management restrictions 
     specified in section 203(c):
       (1) Alabama: sipsey wilderness.--Certain lands in the 
     Bankhead National Forest in Alabama, which comprise 
     approximately 20,000 acres, located directly west of Highway 
     33 and directly north of County Road 60, including all of the 
     Sipsey River Watershed north of Cranal Road, known as the 
     ``Sipsey Wilderness''.
       (2) Alaska.--
       (A) Turnagain arm.--Certain lands in the Chugach National 
     Forest, Kenai Peninsula, Alaska, which comprise approximately 
     100,000 acres, known as ``Turnagain Arm'', extending from sea 
     level to ridgetop surrounding the inlet of Turnagain Arm.
       (B) Honker divide.--Certain lands in the Tongass National 
     Forest in Alaska, which comprise approximately 75,000 acres, 
     located on north central Prince of Wales Island, comprising 
     the Thorne River and Hatchery Creek watersheds, stretching 
     approximately 40 miles northwest from the vicinity of the 
     town of Thorne Bay to the vicinity of the town of Coffman 
     Cove, generally known as the ``Honker Divide''.
       (3) Arizona: north rim of the grand canyon.--Certain lands 
     in the Kaibab National Forest, Arizona, included in the Grand 
     Canyon Game Preserve, which comprise approximately 500,000 
     acres, abutting the northern side of the Grand Canyon in the 
     area generally known as the ``North Rim of the Grand 
     Canyon''.
       (4) Arkansas.--
       (A) Cow creek drainage, arkansas.--Certain lands in the 
     Ouachita National Forest, Mena Ranger District, Polk County, 
     Arkansas, comprising approximately 7,000 acres, bounded 
     approximately by the following landmarks: on the north by 
     County Road 95; on the south by County Road 157; on the east 
     by County Road 48 and on the west by the Arkansas-Oklahoma 
     border, known as ``Cow Creek Drainage, Arkansas''.
       (B) Leader and brush mountains.--Certain lands in the 
     Ouachita National Forest of Montgomery and Polk Counties, 
     Arkansas, known as ``Leader and Brush Mountains'', which 
     comprise approximately 120,000 acres located in the vicinity 
     of the Blaylock Creek Watershed between Long Creek and the 
     South Fork of the Saline River.
       (C) Polk creek area.--Certain lands in the Ouachita 
     National Forest, Mena Ranger District, Arkansas, comprising 
     approximately 20,000 acres bounded by Arkansas Highway 4 and 
     Forest Roads 73 and 43 known as the ``Polk Creek Area''.
       (D) Lower buffalo river watershed.--Certain lands in the 
     Ozark National Forest, Sylamore Ranger District, totaling 
     approximately 60,000 acres, known as ``The Lower Buffalo 
     River Watershed''. The area is comprised of those Forest 
     Service lands, not already designated as Wilderness, located 
     in the watershed of Big Creek, southwest of the Leatherwood 
     Wilderness Area in Searcy and Marion Counties, Arkansas.
       (E) Upper buffalo river watershed.--Certain lands in the 
     Ozark National Forest, Buffalo Ranger District, totaling 
     approximately 220,000 acres known as the ``Upper Buffalo 
     River Watershed''. This area is located approximately 35 
     miles from the town of Harrison, in Madison, Newton and 
     Searcy Counties, Arkansas. The Upper Buffalo River Watershed 
     is comprised of those Forest Service lands, not already 
     designated as Wilderness Areas, upstream of the confluence of 
     the Buffalo River and Richland Creek and located in the 
     following watersheds: Buffalo River, the various streams 
     comprising the Headwaters of the Buffalo River, Richland 
     Creek, Little Buffalo Headwaters, Edgmon Creek, Big Creek and 
     Cane Creek.
       (5) California: giant sequoia Preserve.--Certain lands in 
     the Sequoia and Sierra National Forests in California 
     comprised of 3 discontinuous parcels, totaling approximately 
     442,425 acres known as the ``Giant Sequoia Preserve'' located 
     in Fresno, Tulare, and Kern Counties. All 3 parcels are 
     located in the Southern Sierra Nevada mountain range; the 
     Kings River Unit (145,600 acres) and nearby Redwood Mountain 
     Unit (11,730 acres) are located approximately 25 miles east 
     of the city of Fresno. The South Unit (285,095 acres) is 
     approximately 15 miles east of the city of Porterville.
       (6) Colorado: cochetopa hills.--Certain lands in the 
     Gunnison Basin area administered by the Gunnison, Grand Mesa, 
     Uncompahgre, and Rio Grand National forests, comprising 
     approximately 500,000 acres, known as the ``Cochetopa 
     Hills''. This area spans the continental divide south and 
     east of Gunnison in Saguache County, Colorado and includes 
     the Elk and West Elk Mountains, Grand Mesa, the Uncompahgre 
     Plateau, the northern San Juan Mountains, the La Garitas 
     Mountains and the Cochetopa Hills.
       (7) Georgia.--
       (A) Armuchee cluster.--Certain lands in the Chattahoochee 
     National Forest, Armuchee Ranger District, totaling 
     approximately 19,700 acres, known as the ``Armuchee 
     Cluster''. The cluster is comprised of three parcels known as 
     Rocky Face, Johns Mountain and Hidden Creek. The cluster is 
     located approximately 10 miles southwest of Dalton and 14 
     miles north of Rome, Whitfield, Walker, Chattooga, Floyd, and 
     Gordon Counties, Georgia.
       (B) Blue ridge corridor cluster, georgia areas.--Certain 
     lands in the Chattahoochee National Forest, Chestatee Ranger 
     District, totaling approximately 15,000 acres, known as the 
     ``Blue Ridge Corridor Cluster, Georgia Areas''. The cluster 
     is comprised of the following 5 parcels: Horse Gap, Hogback 
     Mountain, Blackwell Creek, Little Cedar Mountain, and Black 
     Mountain. The cluster is located approximately 15 to 20 miles 
     north of the town of Dahlonega, Union and Lumpkin Counties, 
     Georgia.
       (C) Chattooga watershed cluster, georgia areas.--Certain 
     lands in the Chattahoochee National Forest, Tallulah Ranger 
     District, comprising 63,500 acres known as the ``Chattooga 
     Watershed Cluster, Georgia Areas''. This cluster is comprised 
     of 7 areas, located in Rabun County, Georgia, known as the 
     following: Rabun Bald, Three Forks, Ellicott Rock Extension, 
     Rock Gorge, Big Shoals, Thrift's Ferry, and Five Falls. The 
     towns of Clayton, Georgia, and Dillard, South Carolina are 
     situated nearby.
       (D) Cohutta cluster.--Certain lands in the Chattahoochee 
     National Forest, Cohutta Ranger District, totaling 
     approximately 28,000 acres, known as the ``Cohutta Cluster''. 
     The cluster is comprised of four parcels known as Cohutta 
     Extensions, Grassy Mountain, Emery Creek, and Mountaintown. 
     The cluster is located near the towns of Chatsworth and 
     Ellijay, Murray, Fannin, and Gilmer Counties, Georgia.
       (E) Duncan ridge cluster.--Certain lands in the 
     Chattahoochee National Forest, Brasstown and Toccoa Ranger 
     Districts, comprising approximately 17,000 acres known as the 
     ``Duncan Ridge Cluster''. The cluster is comprised of the 
     following four parcels: Licklog Mountain, Duncan Ridge, Board 
     Camp, and Cooper Creek Scenic Area Extension. The cluster is 
     located approximately 10 to 15 miles south of the town of 
     Blairsville in Union and Fannin Counties, Georgia.
       (F) Ed jenkins national recreation area cluster.--Certain 
     lands in the Chattahoochee National Forest, Toccoa and 
     Chestatee Ranger Districts, totaling approximately 19,300 
     acres, known as the ``Ed Jenkins National Recreation Area 
     Cluster''. The cluster is comprised of the Springer Mountain, 
     Mill Creek, and Toonowee parcels. The cluster is located 30 
     miles north of the town of Dahlonega, Fannin, Dawson, and 
     Lumpkin Counties, Georgia.
       (G) Gainesville ridges cluster.--Certain lands in the 
     Chattahoochee National Forest, Chattooga Ranger District, 
     totaling approximately 14,200 acres, known as the 
     ``Gainesville Ridges Cluster''. The cluster is comprised of 
     the following three parcels: Panther Creek, Tugaloo Uplands, 
     and Middle Fork Broad River. The cluster is located 
     approximately 10 miles from the town of Toccoa, Habersham and 
     Stephens Counties, Georgia.
       (H) Northern blue ridge cluster, georgia areas.--Certain 
     lands in the Chattahoochee National Forest, Brasstown and 
     Tallulah Ranger Districts, totaling approximately 46,000 
     acres, known as the ``Northern Blue Ridge Cluster, Georgia 
     Areas''. The cluster is comprised of the following eight 
     areas: Andrews Cove, Anna Ruby Falls Scenic Area Extension, 
     High Shoals, Tray Mountain Extension, Kelly Ridge-Moccasin 
     Creek, Buzzard Knob, Southern Nantahala Extension, and 
     Patterson Gap. The cluster is located approximately 5 to 
     15 miles north of Helen, 5 to 15 miles southeast of 
     Hiawassee, north of Clayton and west of Dillard, White, 
     Towns and Rabun Counties, Georgia.
       (I) Rich mountain cluster.--Certain lands in the 
     Chattahoochee National Forest, Toccoa Ranger District, 
     totaling approximately 9,500 acres known as the ``Rich 
     Mountain Cluster''. The cluster is comprised of the parcels 
     known as Rich Mountain Extension and Rocky Mountain. The 
     cluster is located 10 to 15 miles northeast of the town of 
     Ellijay, Gilmer and Fannin Counties, Georgia.
       (J) Wilderness heartlands cluster, georgia areas.--Certain 
     lands in the Chattahoochee National Forest, Chestatee, 
     Brasstown and Chattooga Ranger Districts, comprising 
     approximately 16,500 acres, known as the ``Wilderness 
     Heartlands Cluster, Georgia Areas''. The cluster is comprised

[[Page S6737]]

     of four parcels known as the following: Blood Mountain 
     Extensions, Raven Cliffs Extensions, Mark Trail Extensions, 
     and Brasstown Extensions. The cluster is located near the 
     towns of Dahlonega, Cleveland, Helen, and Blairsville, 
     Lumpkin, Union, White, and Towns Counties, Georgia.
       (8) Idaho.--
       (A) Cove/Mallard.--Certain lands in the Nez Perce National 
     Forest in Idaho, which comprise approximately 94,000 acres, 
     located approximately 30 miles southwest of the town of Elk 
     City, west of the town of Dixie, in the area generally known 
     as ``Cove/Mallard''.
       (B) Meadow creek.--Certain lands in the Nez Perce National 
     Forest in Idaho, which comprise approximately 180,000 acres, 
     located approximately 8 miles east of the town of Elk City in 
     the area generally known as ``Meadow Creek''.
       (C) French creek/patrick butte.--Certain lands in the 
     Payette National Forest in Idaho, which comprise 
     approximately 141,000 acres, located approximately 20 miles 
     north of the town of McCall in the area generally known as 
     ``French Creek/Patrick Butte''.
       (9) Illinois.--
       (A) Cripps bend.--Certain lands in the Shawnee National 
     Forest in Illinois, which comprise approximately 39 acres in 
     Jackson County in the Big Muddy River watershed, in the area 
     generally known as ``Cripps Bend''.
       (B) Opportunity area 6.--Certain lands in the Shawnee 
     National Forest in Illinois, which comprise approximately 
     50,000 acres located in northern Pope County, surrounding 
     Bell Smith Springs Natural Area, in the area generally known 
     as ``Opportunity Area 6''.
       (C) Quarrel creek.--Certain lands in the Shawnee National 
     Forest in Illinois, which comprise approximately 490 acres 
     located in northern Pope County, in the Quarrel Creek 
     watershed, in the area generally known as ``Quarrel Creek''.
       (10) Michigan: trap hills.--Certain lands in the Ottawa 
     National Forest, Bergland Ranger District, totaling 
     approximately 37,120 acres, known as the ``Trap Hills'', 
     located approximately 5 miles from the town of Bergland, 
     Ontonagon County, Michigan.
       (11) Minnesota.--
       (A) Trout lake and suomi hills.--Certain lands in the 
     Chippewa National Forest, comprising approximately 12,000 
     acres, known as ``Trout Lake/Suomi Hills'' in Itasca County, 
     Minnesota.
       (B) Lullaby white pine reserve.--Certain lands in the 
     Superior National Forest in Minnesota, Gunflint Ranger 
     District, which comprise approximately 2,518 acres, in the 
     South Brule Opportunity Area, northwest of Grand Marais in 
     Cook County, Minnesota, known as the ``Lullaby White Pine 
     Reserve''.
       (12) Missouri: eleven point-big springs area.--Certain 
     lands in the Mark Twain National Forest in Missouri, Eleven 
     Point Ranger District, totaling approximately 200,000 acres, 
     comprised of the administrative area of the Eleven Point 
     Ranger District, known as the ``Eleven Point-Big Springs 
     Area''.
       (13) Montana: mount bushnell.--Certain lands in the Lolo 
     National Forest in Montana, which comprise approximately 
     41,000 acres located approximately 5 miles southwest of the 
     town of Thompson Falls in the area generally known as ``Mount 
     Bushnell''.
       (14) New Mexico.--
       (A) Angostura.--Certain lands in the east half of the 
     Carson National Forest in New Mexico, Camino Real Ranger 
     District, totaling approximately 10,000 acres located in 
     Township 21, Ranges 12 and 13, known as ``Angostura''. The 
     area's approximate boundaries are as follows: the northeast 
     boundary is formed by Highway 518, the southeast boundary 
     consists of the Angostura Creek watershed boundary, the 
     southern boundary is Trail 19 and the Pecos Wilderness, and 
     on the west, the boundary is formed by the Agua Piedra Creek 
     watershed.
       (B) La manga.--Certain lands in the western half of the 
     Carson National Forest, El Rito Ranger District, New Mexico, 
     Vallecitos Sustained Yield Unit, comprising approximately 
     5,400 acres, known as ``La Manga''. The parcel is in Township 
     27, Range 6 and bounded on the north by the Tierra Amarilla 
     Land Grant, on the south by Canada Escondida, on the west by 
     the Sustained Yield Unit boundary and the Tierra Amarilla 
     Land Grant, and on the east by the Rio Vallecitos.
       (C) Elk mountain.--Certain lands in the Santa Fe National 
     Forest, New Mexico, comprising approximately 7,220 acres, 
     known as ``Elk Mountain'' and located in Townships 17 and 18 
     and Ranges 12 and 13. The area is bounded on the north by the 
     Pecos Wilderness, the Cow Creek Watershed forms the eastern 
     boundary and the Cow Creek, itself, forms the western 
     boundary. The southern boundary is formed by Rito de la Osha.
       (D) Jemez highlands.--Certain lands in the Jemez Ranger 
     District of the Santa Fe National Forest, totaling 
     approximately 54,400 acres, known as the ``Jemez Highlands'', 
     located primarily in Sandoval County, New Mexico.
       (15) North Carolina.--
       (A) Central nantahala cluster, north carolina areas.--
     Certain lands in the Nantahala National Forest, Tusquitee, 
     Cheoah, and Wayah Ranger Districts, totaling approximately 
     107,000 acres, known as the ``Central Nantahala Cluster, 
     North Carolina Areas''. The cluster is comprised of the 
     following nine parcels: Tusquitee Bald, Shooting Creek 
     Bald, Cheoah Bald, Piercy Bald, Wesser Bald, Tellico Bald, 
     Split White Oak, Siler Bald, and Southern Nantahala 
     Extensions. The cluster is located near the towns of 
     Murphy, Franklin, Bryson City, Andrews, and Beechertown, 
     Cherokee, Macon, Clay and Swain Counties, North Carolina.
       (B) Chattooga watershed cluster, north carolina areas.--
     Certain lands in the Nantahala National Forest, Highlands 
     Ranger District, totaling approximately 8,000 acres, known as 
     the ``Chattooga Watershed Cluster, North Carolina Areas''. 
     The cluster is comprised of the Overflow (Blue Valley) and 
     Terrapin Mountain parcels. The cluster is located five miles 
     from the town of Highlands, Macon and Jackson Counties, North 
     Carolina.
       (C) Tennessee border cluster, north carolina areas.--
     Certain lands in the Nantahala National Forest, Tusquitee and 
     Cheoah Ranger Districts, totaling approximately 28,000 acres, 
     known as the ``Tennessee Border Cluster, North Carolina 
     Areas''. The cluster is comprised of the four following 
     parcels: Unicoi Mountains, Deaden Tree, Snowbird, and Joyce 
     Kilmer-Slickrock Extension. The cluster is located near the 
     towns of Murphy and Robbinsville, Cherokee and Graham 
     Counties, North Carolina.
       (D) Bald mountains.--Certain lands in the Pisgah National 
     Forest, French Broad Ranger District, totaling approximately 
     13,000 acres known as the ``Bald Mountains'', located 12 
     miles northeast of Hot Springs, Madison County, North 
     Carolina.
       (E) Big ivy tract.--Certain lands in the Pisgah National 
     Forest in North Carolina, which comprise approximately 14,000 
     acres, located approximately 15 miles west of Mount Mitchell 
     in the area generally known as the ``Big Ivy Tract''.
       (F) Black mountains cluster, north carolina areas.--Certain 
     lands in the Pisgah National Forest, Toecane and Grandfather 
     Ranger Districts, totaling approximately 62,000 acres, known 
     as the ``Black Mountains Cluster, North Carolina Areas''. The 
     cluster is comprised of the following five parcels: Craggy 
     Mountains, Black Mountains, Jarrett Creek, Mackey Mountain, 
     and Woods Mountain. The cluster is located near the towns of 
     Burnsville, Montreat and Marion, Buncombe, Yancey and 
     McDowell Counties, North Carolina.
       (G) Linville cluster.--Certain lands in the Pisgah National 
     Forest, Grandfather Ranger District, totaling approximately 
     42,000 acres known as the ``Linville Cluster''. The cluster 
     is comprised of the following seven parcels: Dobson Knob, 
     Linville Gorge Extension, Steels Creek, Sugar Knob, Harper 
     Creek, Lost Cove and Upper Wilson Creek. The cluster is 
     located near the towns of Marion, Morgantown, Spruce Pine, 
     Linville, and Blowing Rock, Burke, McDowell, Avery and 
     Caldwell Counties, North Carolina.
       H) Nolichucky, north carolina area.--Certain lands in the 
     Pisgah National Forest, Toecane Ranger District, totaling 
     approximately 4,000 acres, known as the ``Nolichucky, North 
     Carolina Area'', located 25 miles northwest of Burnsville, 
     Mitchell and Yancy Counties, North Carolina.
       (I) Pisgah cluster, north carolina areas.--Certain lands in 
     the Pisgah National Forest, Pisgah Ranger District, totaling 
     approximately 52,000 areas, known as the ``Pisgah Cluster, 
     North Carolina Areas''. The cluster is comprised of the 
     following 5 parcels: Shining rock and Middle Prong 
     Extensions, Daniel Ridge, Cedar Rock Mountain, South Mills 
     River, and Laurel Mountain. The cluster is located 5 to 12 
     miles north of the town of Brevard and southwest of the city 
     of Asheville, Haywood, Transylvania, and Henderson Counties, 
     North Carolina.
       (J) Wildcat.--Certain lands in the Pisgah National Forest, 
     French Broad Ranger District, totaling approximately 6,500 
     acres, known as ``Wildcat'', located 20 miles northwest of 
     the town of Canton, Haywood County, North Carolina.
       (16) Ohio.--
       (A) Archers fork complex.--Certain lands in the Marietta 
     Unit of the Athens Ranger District, in the Wayne National 
     Forest, Washington County, Ohio, known as ``Archers Fork 
     Complex'', comprising approximately 18,350 acres, located 
     northeast of Newport and bounded by State Highway 26 to the 
     northwest, State Highway 260 to the northeast, the Ohio River 
     to the southeast and Bear Run and Danas Creek to the 
     southwest.
       (B) Bluegrass ridge.--Certain lands in the Ironton Ranger 
     District of the Wayne National Forest, Lawrence County, Ohio, 
     known as ``Bluegrass Ridge'', comprising approximately 4,000 
     acres, located three miles east of Etna in Township 4 North, 
     Range 17 West, sections 19-23, 27-30.
       (C) Buffalo creek.--Certain lands in the Ironton Ranger 
     District of the Wayne National Forest, Lawrence County, Ohio, 
     known as ``Buffalo Creek'', comprising approximately 6,500 
     acres, located four miles northwest of Waterloo in Township 5 
     North, Range 17 West, sections 3-10, 15-18.
       (D) Lake vesuvius.--Certain lands in the Ironton Ranger 
     District of the Wayne National Forest, Lawrence County, Ohio, 
     comprising approximately 4,900 acres, generally known as 
     ``Lake Vesuvius'', located to the east of Etna and bounded by 
     State Highway 93 to the southwest and State Highway 4 to the 
     northwest in Township 2 North, Range 18 West.
       (E) Morgan sisters.--Certain lands in the Ironton Ranger 
     District of the Wayne National Forest, Lawrence County, Ohio, 
     known as ``Morgan Sisters'', comprising approximately 2,500 
     acres, located one mile east of Gallia and bounded by State 
     Highway

[[Page S6738]]

     233 in Township 6 North, Range 17 West, sections 13, 14, 23, 
     24 and Township 5 North, Range 16 West, sections 18, 19.
       (F) Utah ridge.--Certain lands in the Athens Ranger 
     District of the Wayne National Forest, Athens County, Ohio, 
     known as ``Utah Ridge'', comprising approximately 9,000 
     acres, located one mile northwest of Chauncey and bounded by 
     State Highway 682 and State Highway 13 to the southeast, US 
     Highway 33 to the southwest and State Highway 216 and State 
     Highway 665 to the north.
       (G) Wildcat hollow.--Certain lands in the Athens Ranger 
     District of the Wayne National Forest, Perry and 
     Morgan Counties, Ohio, known as ``Wildcat Hollow'', 
     comprising approximately 4,500 acres, located one mile 
     east of Corning in Township 12 North, Range 14 West, 
     sections 1, 2, 11-14, 23, 24, and Township 8 North, Range 
     13 West, sections 7, 18, 19.
       (17) Oklahoma: cow creek drainage, oklahoma.--Certain lands 
     in the Ouachita National Forest, Mena Ranger District, Le 
     Flore County, Oklahoma, comprising approximately 3,000 acres, 
     bounded approximately by the Beech Creek National Scenic Area 
     on the west, State Highway 63 on the north and the Arkansas-
     Oklahoma border on the east, and County Road 9038 on the 
     south, known as ``Cow Creek Drainage, Oklahoma''.
       (18) Oregon: applegate wilderness.--Certain lands in the 
     Siskiyou National Forest and Rouge River National Forest in 
     Oregon, which comprise approximately 20,000 acres, located 
     approximately 20 miles southwest of the town of Grants Pass 
     and 10 miles south of Williams, in the area generally known 
     as the ``Applegate Wilderness''.
       (19) South carolina.--
       (A) Big shoals, south carolina area.--Certain lands in the 
     Sumter National Forest, Andrew Pickens Ranger District, 
     Oconee County, South Carolina, comprising approximately 2,000 
     acres known as ``Big Shoals, South Carolina Area''. This area 
     is located 15 miles south of Highlands, North Carolina.
       (B) Brasstown creek, south carolina area.--Certain lands in 
     the Sumter National Forest, Andrew Pickens Ranger District, 
     Oconee County, South Carolina, comprising approximately 3,500 
     acres known as ``Brasstown Creek, South Carolina Area''. This 
     area is located approximately 15 miles west of Westminster, 
     South Carolina.
       (C) Chauga.--Certain lands in the Sumter National Forest, 
     Andrew Pickens Ranger District, Oconee County, South 
     Carolina, comprising approximately 16,000 acres known as 
     ``Chauga''. This area is located approximately 10 miles west 
     of Walhalla, South Carolina.
       (D) Dark bottoms.--Certain lands in the Sumter National 
     Forest, Andrew Pickens Ranger District, Oconee County, South 
     Carolina, comprising approximately 4,000 acres known as 
     ``Dark Bottoms''. This area is located approximately 10 miles 
     northwest of Westminister, South Carolina.
       (E) Ellicott rock extension, south carolina area.--Certain 
     lands in the Sumter National Forest, Andrew Pickens Ranger 
     District, Oconee County, South Carolina, comprising 
     approximately 2,000 acres known as ``Ellioctt Rock Extension, 
     South Carolina Area''. This area is located approximately 10 
     miles south of Cashiers, North Carolina.
       (F) Five falls, south carolina area.--Certain lands in the 
     Sumter National Forest, Andrew Pickens Ranger District, 
     Oconee County, South Carolina, comprising approximately 3,500 
     acres known as ``Five Falls, South Carolina Area''. This area 
     is located approximately 10 miles southeast of Clayton, 
     Georgia.
       (G) Persimmon mountain.--Certain lands in the Sumter 
     National Forest, Andrew Pickens Ranger District, Oconee 
     County, South Carolina, comprising approximately 7,000 acres 
     known as ``Persimmon Mountain''. This area is located 
     approximately 12 miles south of Cashiers, North Carolina.
       (H) Rock gorge, south carolina area.--Certain lands in the 
     Sumter National Forest, Andrew Pickens Ranger District, 
     Oconee County, South Carolina, comprising approximately 2,000 
     acres known as ``Rock Gorge, South Carolina Area''. This area 
     is located 12 miles southeast of Highlands, North Carolina.
       (I) Tamassee.--Certain lands in the Sumter National Forest, 
     Andrew Pickens Ranger District, Oconee County, South 
     Carolina, comprising approximately 5,500 acres known as 
     ``Tamassee''. This area is located 10 miles north of 
     Walhalla, South Carolina.
       (J) Thrift's ferry, south carolina area.--Certain lands in 
     the Sumter National Forest, Andrew Pickens Ranger District, 
     Oconee County, South Carolina, comprising approximately 5,000 
     acres known as ``Thrift's Ferry, South Carolina Area''. This 
     area is located 10 miles east of Clayton, Georgia.
       (20) South dakota.--
       (A) Black fox area.--Certain lands in the Black Hills 
     National Forest of South Dakota, totaling approximately 
     12,400 acres, located in the upper reaches of the Rapid Creek 
     watershed known as the ``Black Fox Area''. The area is 
     roughly bounded by FDR 206 in the north, the steep slopes 
     north of Forest Road 231 form the southern boundary and a 
     fork of Rapid Creek forms the western boundary.
       (B) Breakneck area.--Certain lands in the Black Hills 
     National Forest, South Dakota, totaling 6,700 acres along the 
     northeast edge of the Black Hills in the vicinity of the 
     Black Hills National Cemetery and the Bureau of Land 
     Management's Fort Meade Recreation Area known as the 
     ``Breakneck Area''. The area is generally bounded by Forest 
     Roads 139 and 169 on the north, west and south. The eastern 
     and western boundaries are also demarcated by the ridge-
     crests dividing the watershed.
       (C) Norbeck preserve.--Certain lands in the Black Hills 
     National Forest of South Dakota, totaling approximately 
     27,766 acres known as the ``Norbeck Preserve'' encompassed 
     approximately by the following traverse. Starting at the 
     southeast corner, the area boundary runs north along FDR 753 
     and U.S. Highway Alt. 16, then along SD 244 to the junction 
     of Palmer Creek Road, which serves generally as a northwest 
     limit. It then heads south from the junction of Highways 87-
     89, southeast along Highway 87, and east back to FDR 753. A 
     corridor of private land along FDR 345 is excluded.
       (D) Piger mountain area.--Certain lands in the Black Hills 
     National Forest of South Dakota, comprising approximately 
     12,600 acres, known as the ``Pilger Mountain Area'' and 
     located in the Elk Mountains on the southwest edge of the 
     Black Hills. This area is roughly bounded by Forest Roads 318 
     and 319 on the east and northeast, Road 312 on the north and 
     northwest, and private land to the southwest.
       (E) Stagebarn canyons.--Certain lands in the Black Hills 
     National Forest, South Dakota, known as ``Stagebarn 
     Canyons'', which comprise approximately 7,300 acres located 
     approximately 10 miles west of Rapid City, South Dakota.
       (21) Tennessee.--
       (A) Bald mountains cluster, tennessee areas.--Certain lands 
     in the Nolichucky and Unaka Ranger Districts of the Cherokee 
     National Forest, Cooke, Green, Washington and Unicoi 
     Counties, Tennessee, comprising approximately 46,133 acres 
     known as the ``Bald Mountains Cluster, Tennessee Areas''. 
     This Cluster is comprised of the following parcels known as: 
     Laurel Hollow Mountain, Devil's Backbone, Laurel Mountain, 
     Walnut Mountain, Wolf Creek, Meadow Creek Mountain, Brush 
     Creek Mountain, Paint Creek, Bald Mountain and Sampson 
     Mountain Extension. These parcels are located near the towns 
     of Newport, Hot Springs, Greeneville and Erwin, Tennessee.
       (B) Big frog/cohutta cluster.--Certain lands in the 
     Cherokee National Forest, Polk County, Tennessee, Ocoee, 
     Hiwassee, and Tennessee Ranger Districts, comprising 
     approximately 28,800 acres known as the ``Big Frog/Cohutta 
     Cluster''. This Cluster is comprised of the following 
     parcels: Big Frog Extensions, Little Frog Extensions, Smith 
     Mountain and Rock Creek. These parcels are located near the 
     towns of Copperhill, Ducktown, Turtletown and Benton, 
     Tennessee.
       (C) Citico creek watershed cluster tennessee areas.--
     Certain lands in the Tellico Ranger District of the Cherokee 
     National Forest, Monroe County, Tennessee, comprising 
     approximately 14,256 acres known as the ``Citico Creek 
     Watershed Cluster, Tennessee Areas''. This Cluster is 
     comprised of the following parcels known as: Flats Mountain, 
     Miller Ridge, Cowcamp Ridge and Joyce Kilmer-Slickrock 
     Extension. These parcels are located near the town of Tellico 
     Plains, Tennessee.
       (D) Iron mountains cluster.--Certain lands in the Cherokee 
     National Forest, Watauga Ranger District, totaling 
     approximately 58,090 acres known as the ``Iron Mountains 
     Cluster''. The cluster is comprised of the following 8 
     parcels: Big Laurel Branch Addition, Hickory Flat Branch, 
     Flint Mill, Lower Iron Mountain, Upper Iron Mountain, London 
     Bridge, Beaverdam Creek, and Rodgers Ridge. The cluster is 
     located near the towns of Briston and Elizabethton, Sullivan 
     and Johnson Counties, Tennessee.
       (E) Northern unicoi mountains cluster.--Certain lands in 
     the Tellico Ranger District of the Cherokee National Forest, 
     Monroe County, Tennessee, comprising approximately 30,453 
     acres known as the ``Northern Unicoi Mountains Cluster''. 
     This Cluster is comprised of the following parcels known as: 
     Bald River Gorge Extension, Upper Bald River, Sycamore Creek 
     and Brushy Ridge. These parcels are located near the town of 
     Tellico Plains, Tennessee.
       (F) Roan mountains cluster.--Certain lands in the Cherokee 
     National Forest, Unaka and Watauga Ranger Districts, totaling 
     approximately 23,725 acres known as the ``Roan Mountain 
     Cluster''. The cluster is comprised of the following seven 
     parcels: Strawberry Mountain, Highlands of Roan, Ripshin 
     Ridge, Doe River Gorge Scenic Area, White Rocks Mountain, 
     Slide Hollow and Watauga Reserve. The cluster is located 
     approximately eight to twenty miles south of the town of 
     Elizabethton, Unicoi, Carter and Johnson Counties, Tennessee.
       (G) Southern unicoi mountains cluster.--Certain lands in 
     the Hiwassee Ranger District of the Cherokee National Forest, 
     Polk, Monroe and McMinn Counties, Tennessee, comprising 
     approximately 11,251 acres known as the ``Southern Unicoi 
     Mountains Cluster''. This Cluster is comprised of the 
     following parcels known as: Gee Creek Extension, Coker 
     Creek and Buck Bald. These parcels are located near the 
     towns Etowah, Benton and Turtletown, Tennessee.
       (H) Unaka mountains cluster, tennessee areas.--Certain 
     lands in the Cherokee National Forest, Unaka Ranger District, 
     totaling approximately 15,669 acres known as the ``Unaka 
     Mountains Cluster, Tennessee areas''. The cluster is 
     comprised of the Nolichucky, Unaka Mountain Extension and 
     Stone Mountain parcels. The cluster is located approximately 
     eight miles from Erwin, Unicoi and Carter Counties, 
     Tennessee.

[[Page S6739]]

       (22) Texas: longleaf ridge.--Certain lands in the Angelina 
     National Forest, Jasper and Angelina Counties, Texas, 
     comprising approximately 30,000 acres bounded on the west by 
     Upland Island Wilderness Area, on the south by the Neches 
     River, and on the northeast by Sam Rayburn Reservoir, 
     generally known as ``Longleaf Ridge''.
       (23) Vermont.--
       (A) Glastenbury area.--Certain lands in the Green Mountain 
     National Forest in Vermont, which comprise approximately 
     35,000 acres, located 3 miles northeast of Bennington, 
     bounded by Kelly Stand Road to the North, Forest Road 71 to 
     the east, Route 9 to the south and Route 7 to the west, 
     generally known as the ``Glastenbury Area''.
       (B) Lamb brook.--Certain lands in the Green Mountain 
     National Forest in Vermont, which comprise approximately 
     5,500 acres, located 3 miles southwest of Wilmington, bounded 
     on the west and south by Routes 8 and 100, on the north by 
     Route 9, and on the east by New England Power Company lands, 
     generally known as ``Lamb Brook''.
       (C) Robert frost mountain area.--Certain lands in the Green 
     Mountain National Forest, Vermont, comprising approximately 
     8,500 acres, known as ``Robert Frost Mountain Area'', 
     northeast by Middlebury, consisting of the Forest Service 
     lands bounded on the west by Route 116, on the north by 
     Bristol Notch Road, on the east by Lincoln/Ripton Road and on 
     the south by Route 125.
       (24) Virginia.--
       (A) Bear creek.--Certain lands known as ``Bear Creek'', in 
     the Jefferson National Forest, Wythe Ranger District, north 
     of Rural Retreat, Smyth and Wythe Counties, Virginia.
       (B) Cave springs.--Certain lands known as ``Cave Springs'', 
     in the Jefferson National Forest, Clinch Ranger District, 
     comprising approximately 3,000 acres located between State 
     Route 621 and the North Fork of the Powell River, Lee County, 
     Virginia.
       (C) Dismal creek.--Certain lands known as ``Dismal Creek'' 
     totaling approximately 6,000 acres in the Jefferson National 
     Forest, Blacksburg Ranger District, north of State Route 42, 
     Giles and Bland Counties, Virginia.
       (D) Stone coal creek.--Certain lands known as ``Stone Coal 
     Creek'', totaling approximately 2,000 acres in the Jefferson 
     National Forest, New Castle Ranger District, Craig and 
     Botentourt Counties, Virginia.
       (E) White oak ridge: terrapin mountain.--Certain lands 
     known as ``White Oak Ridge--Terrapin Mountain'', totaling 
     approximately 8,000 acres, Glenwood Ranger District of the 
     Jefferson National Forest, east of the Blue Ridge Parkway, 
     Botetourt and Rockbridge Counties, Virginia.
       (F) Whitetop mountain.--Certain lands in the Jefferson 
     National Forest, Mt. Rodgers Recreation Area, comprising 
     3,500 acres in Washington, Smyth and Grayson Counties, 
     Virginia, known as ``Whitetop Mountain''.
       (G) Wilson mountain.--Certain lands known as ``Wilson 
     Mountain,'' comprising approximately 5,100 acres in the 
     Jefferson National Forest, Glenwood Ranger District, east of 
     Interstate 81, Botetourt and Rockbridge Counties, Virginia.
       (H) Feathercamp.--Certain lands located in the Mt. Rodgers 
     Recreation Area of the Jefferson National Forest, comprising 
     4,974 acres, known as ``Feathercamp,'' in Washington County, 
     Virginia, located northeast of the town of Damascus and north 
     of State Route 58 on the Feathercamp ridge.
       (25) Wisconsin.--
       (A) Flynn lake.--Certain lands in the Chequamegon National 
     Forest, Washburn Ranger District, totaling approximately 
     5,700 acres within the Flynn Lake Semi-primitive Non-
     motorized Area, known as ``Flynn Lake.'' The site is located 
     in Bayfield County, Wisconsin.
       (B) Ghost lake cluster.--Certain lands in the Chequamegon 
     National Forest, Great Divide Ranger District, totaling 
     approximately 6,000 acres, known as ``Ghost Lake Cluster'' 
     and including parcels known as Chost Lake, Perch Lake, Lower 
     Teal River, Foo Lake, and Bulldog Springs. The cluster is 
     located in Sawyer County, Wisconsin.
       (C) Lake owens cluster.--Certain lands in the Chequamegon 
     National Forest, Great Divide and Washburn Ranger Districts, 
     totaling approximately 3,600 acres, known as ``Lake Owens 
     Cluster'' and including parcels known as or near Lake Owens, 
     Sage, Hidden, and Deer Lick Lakes, Eighteenmile Creek, and 
     Northeast and Sugarbush Lakes. The cluster is in Bayfield 
     County, Wisconsin.
       (D) Medford cluster.--Certain lands in the Chequamegon 
     National Forest, Medford-Park Falls Ranger District, totaling 
     approximately 23,000 acres, known as the ``Medford Cluster,'' 
     and including parcels known as County E. Hardwoods, Silver 
     Creek/Mondeaux River Bottoms, Lost Lake Esker, North and 
     South Fork Yellow Rivers, Bear Creek, Brush Creek, 
     Chequamegon Waters, John's and Joseph Creeks, Hay Creek Pine-
     Flatwoods, 558 Hardwoods, Richter Lake, and Lower Yellow 
     River. The cluster is located in Taylor County, Wisconsin.
       (E) Park falls cluster.--Certain lands in the Chequamegon 
     National Forest, Medford-Park Falls Ranger District, totaling 
     approximately 23,000 acres, known as ``Park Falls Cluster,'' 
     and including parcels known as Sixteen Lakes, Chippewa Trail, 
     Tucker and Amik Lakes, Lower Rice Creek, Doering Tract, 
     Foulds Creek, Bootjack Conifers, Pond, Mud and Riley Lake 
     Peatlands, Little Willow Drumlin, and Elk River. The cluster 
     is located in Price and Vilas Counties, Wisconsin.
       (F) Penokee mountain cluster.--Certain lands in the 
     Chequamegon National Forest, Great Divide Ranger District, 
     totaling approximately 23,000 acres, known as ``Penokee 
     Mountain Cluster'', and including parcels known as or near 
     St. Peters Dome, Brunsweiler River Gorge, Lake Three, Marengo 
     River and Brunsweiler River Semi-primitive Non-motorized 
     Areas, Hell Hole Creek, and the North County Trail Hardwoods. 
     The cluster is located in Ashland and Bayfield Counties, 
     Wisconsin.
       (G) Southeast great divide cluster.--Certain lands in the 
     Chequamegon National Forest, Medford Park Falls Ranger 
     District, totaling approximately 25,000 acres, known as the 
     ``Southeast Great Divide Cluster'', and including parcels 
     known as or near Snoose Lake, Cub Lake, Springbrook 
     Hardwoods, upper Moose River, East Fork Chippewa River, upper 
     Torch River, Venison Creek, upper Brunet River, Bear Lake 
     Slough, and No-name Lake. The Cluster is located in Ashland 
     and Sawyer Counties, Wisconsin.
       (H)  Diamond roof cluster.--Certain lands in the Nicolet 
     National Forest, Lakewood-Laona Ranger District, totaling 
     approximately 6,000 acres, known as ``Diamond Roof Cluster'', 
     including parcels known as McCaslin Creek, Ada Lake, Section 
     10 Lake, and Diamond Roof. The cluster is located in Forest, 
     Langlade, and Oconto Counties, Wisconsin.
       (I) Argonne forest cluster.--Certain lands in the Nicolet 
     National Forest, Eagle River-Florence Ranger District, 
     totaling approximately 12,000 acres, known as ``Argonne 
     Forest Cluster'' and including parcels known as Argonne 
     Experimental Forest, Scott Creek, Atkins Lake, and Island 
     Swamp. The cluster is located in Forest County, Wisconsin.
       (J) Bonita grade.--Certain lands in the Nicolet National 
     Forest, Lakewood-Laona Ranger District, totaling 
     approximately 1,200 acres, known as ``Bonita Grade'', and 
     including parcels near Mountain Lakes, Temple Lake, and 
     Second South Branch, First South Branch, and South Branch 
     Oconto River. The cluster is located in Langlade County, 
     Wisconsin.
       (K) Franklin and butternut lakes cluster.--Certain lands in 
     the Nicolet National Forest, Eagle River-Florence Ranger 
     District, totaling approximately 12,000 acres, known as 
     ``Franklin and Butternut Lakes Cluster'', and including 
     parcels known as Bose Lake Hemlocks, Luna White Deer, Echo 
     Lake, Franklin and Butternut Lakes, Wolf Lake, Upper 
     Ninemile, Meadow, and Bailey Creeks. The cluster is located 
     in Forest and Onieda Counties, Wisconsin.
       (L) Lauterman lake and kieper creek.--Certain lands in the 
     Nicolet National Forest, Eagle River-Florence Ranger 
     District, totaling approximately 2,500 acres, known as 
     ``Lauterman Lake and Kieper Creek'', located in Florence 
     County, Wisconsin.
       (26) Wyoming: sand creek area.--Certain lands in the Black 
     Hills National Forest, totaling approximately 8,300 acres 
     known as the ``Sand Creek Area'', located in Crook County, 
     Wyoming. This area is situated in the far northwest corner of 
     the Black Hills. Beginning in the northwest corner and 
     proceeding counterclockwise, the boundary for the Sand Creek 
     Area roughly follows Forest Road 863, 866, 866.1B, a line 
     linking 866.1B to 802.1B, 802.1B, 802.1, an unnamed road, 
     Spotted Tail  Creek (excluding all private lands), 8219.1, a 
     line connecting 829.1 with 864, 852.1 and a line 
     connecting 852.1 with 863.
       (d) Committee of Scientists.--
       (1) Establishment.--The Secretaries concerned shall appoint 
     a committee consisting of scientists who--
       (A) are not officers or employees of the Federal 
     Government;
       (B) are not officers or employees of any entity engaged in 
     whole or in part in the production of wood or wood products; 
     and
       (C) have not contracted with or represented any such 
     entities within a 5-year period prior to serving on the 
     committee.
       (2) Recommendations for additional special areas.--Within 2 
     years of the date of the enactment of this Act, the committee 
     shall provide Congress with recommendations for additional 
     Special Areas.
       (3) Candidate areas.--Candidate areas for recommendation as 
     additional Special Area shall have outstanding biological 
     values that are exemplary on a regional, national, or 
     international level. Biological values include--
       (A) the presence of threatened or endangered species of 
     plants or animals;
       (B) rare or endangered ecosystems;
       (C) key habitats necessary for the recovery or endangered 
     or threatened species;
       (D) recovery or restoration areas of rare or 
     underrepresented forest ecosystems;
       (E) migration corridors;
       (F) areas of outstanding biodiversity;
       (G) old growth forests;
       (H) commercial fisheries; and
       (I) sources of clean water such as key watersheds.
       (4) Governing principle.--The committee shall adhere to the 
     principles of conservation biology in identifying Special 
     Areas based on biological values.

     SEC. 203. RESTRICTIONS ON MANAGEMENT ACTIVITIES IN ANCIENT 
                   FORESTS, ROADLESS AREAS, WATERSHED PROTECTION 
                   AREAS, SPECIAL AREAS, AND FEDERAL BOUNDARY 
                   AREAS.

       (a) Restriction of Management Activities in Ancient 
     Forests.--With respect to Ancient Forests on Federal lands, 
     the following prohibitions shall apply:
       (1) No roads shall be constructed or reconstructed.

[[Page S6740]]

       (2) No extractive logging shall be permitted.
       (3) No improvements for the purpose of extractive logging 
     shall be permitted.
       (b) Restriction of Management Activities in Roadless 
     Areas.--With respect to Roadless Areas on Federal lands 
     except military installations, the following prohibitions 
     shall apply:
       (1) No roads shall be constructed or reconstructed.
       (2) No extractive logging shall be permitted.
       (3) No improvements for the purpose of extractive logging 
     shall be permitted.
       (c) Restriction of Management Activities in Watershed 
     Protection Areas.--With respect to Watershed Protection Areas 
     on Federal lands except military installations, the following 
     prohibitions shall apply:
       (1) No roads shall be constructed or reconstructed.
       (2) No extractive logging shall be permitted.
       (3) No improvements for the purpose of extractive logging 
     shall be permitted.
       (d) Restriction of Management Activities in Special 
     Areas.--With respect to Special Areas on Federal lands, the 
     following prohibitions shall apply:
       (1) No roads shall be constructed or reconstructed.
       (2) No extractive logging shall be permitted, and
       (3) No improvements for the purpose of extractive logging 
     shall be permitted.
       (e) Restriction of Management Activities in Federal 
     Boundary Areas.--With respect to Federal Boundary Areas on 
     Federal lands, the following prohibitions shall apply:
       (1) No roads shall be constructed or reconstructed.
       (2) No extractive logging shall be permitted, and
       (3) No improvements for the purpose of extractive logging 
     shall be permitted.
       (f) Maintenance of Existing Roads.--The above restrictions 
     on the reconstruction of roads on Federal lands in Ancient 
     Forests, Roadless, Areas, Watershed Protection Areas, Special 
     Areas, and Federal Boundary Areas does not prohibit the 
     maintenance of an improved road, or any road accessing 
     private inholdings, with the exception that any roads which 
     the Secretary concerned determines to have been abandoned 
     before the enactment of this act shall not be maintained or 
     reconstructed.
       (g) Enforcement.--
       (1) Purpose and finding.--The purpose of this subsection is 
     to foster the widest possible enforcement of this section. 
     Congress finds that all people of the United States are 
     injured by actions on lands to which this section applies.
       (2) Federal enforcement.--The provisions of this section 
     shall be enforced by the Secretary concerned and the Attorney 
     General of the United States against any person who violates 
     this section.
       (3) Citizen suits.--Any citizen harmed by a violation of 
     this Act may enforce any provision of this section by 
     bringing an action for declaratory judgment, temporary 
     restraining order, injunction, statutory damages, and other 
     remedies against any alleged violator including the United 
     States, in any district court of the United States.
       (4) Standard of proof.--The standard of proof in all 
     actions brought under this subsection shall be the 
     preponderance of the evidence and the trial shall be de novo.
       (5) Damage award.--The court, after determining a violation 
     of this section, shall impose a damage award of not less than 
     $5,000, shall issue one or more injunctions and other 
     equitable relief, and shall award to the plaintiffs 
     reasonable costs of litigation including attorney's fees, 
     witness fees and other necessary expenses. The damage award 
     shall be paid by the violator of violators designated by the 
     court to the U.S. Treasury. The damage award shall be paid 
     from the U.S. Treasury, as provided by Congress under section 
     1304 of title 31, United States Code, within 40 days after 
     judgment to the person or persons designated to receive it, 
     to be applied in protecting or restoring native biodiversity 
     in or adjoining Federal land. Any award of costs of 
     litigation and any award of attorney fees shall be paid 
     within 40 days after judgment.
       (6) Waiver.--The United States, including its agents and 
     employees waives its sovereign immunity in all respects in 
     all actions under this subsection. No notice is required to 
     enforce this subsection.
                                 ______