[Congressional Record Volume 151, Number 103 (Tuesday, July 26, 2005)]
[Senate]
[Pages S9047-S9049]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        NORTHERN CALIFORNIA COASTAL WILD HERITAGE WILDERNESS ACT

  The Senate proceeded to consider the bill (S. 128) to designate 
certain public land in Humboldt, Del Norte, Mendocino, Lake, and Napa 
Counties in the State of California as wilderness, to designate certain 
segments of the Black Butte River in Mendocino County, California as a 
wild or scenic river, and for other purposes.

                                 S. 128

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

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

     SEC. 2. DEFINITION OF SECRETARY.

       In this Act, the term ``Secretary'' means--
       (1) with respect to land under the jurisdiction of the 
     Secretary of Agriculture, the Secretary of Agriculture; and
       (2) with respect to land under the jurisdiction of the 
     Secretary of the Interior, the Secretary of the Interior.

     SEC. 3. DESIGNATION OF WILDERNESS AREAS.

       In accordance with the Wilderness Act (16 U.S.C. 1131 et 
     seq.), the following areas in the State of California are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (1) Snow mountain wilderness addition.--
       (A) In general.--Certain land in the Mendocino National 
     Forest, comprising approximately 23,312 acres, as generally 
     depicted on the maps described in subparagraph (B), is 
     incorporated in and shall considered to be a part of the 
     ``Snow Mountain Wilderness'', as designated by section 
     101(a)(31) of the California Wilderness Act of 1984 (16 
     U.S.C. 1132 note; Public Law 98-425).
       (B) Description of maps.--The maps referred to in 
     subparagraph (A) are--
       (i) the map entitled ``Skeleton Glade Unit, Snow Mountain 
     Proposed Wilderness Addition, Mendocino National Forest'' and 
     dated September 17, 2004; and
       (ii) the map entitled ``Bear Creek/Deafy Glade Unit, Snow 
     Mountain Wilderness Addition, Mendocino National Forest'' and 
     dated September 17, 2004.
       (2) Sanhedrin wilderness.--Certain land in the Mendocino 
     National Forest, comprising approximately 10,571 acres, as 
     generally depicted on the map entitled ``Sanhedrin Proposed 
     Wilderness, Mendocino National Forest'' and dated September 
     17, 2004, which shall be known as the ``Sanhedrin 
     Wilderness''.
       (3) Yuki wilderness.--Certain land in the Mendocino 
     National Forest and certain land administered by the Bureau 
     of Land Management in Lake and Mendocino Counties, 
     California, together comprising approximately 54,087 acres, 
     as generally depicted on the map entitled ``Yuki Proposed 
     Wilderness'' and dated October 28, 2004, which shall be known 
     as the ``Yuki Wilderness''.
       (4) Yolla bolly-middle eel wilderness addition.--Certain 
     land in the Mendocino National Forest and certain land 
     administered by the Bureau of Land Management in Mendocino 
     County, California, together comprising approximately 25,806 
     acres, as generally depicted on the map entitled ``Middle 
     Fork Eel, Smokehouse and Big Butte Units, Yolla Bolly-Middle 
     Eel Proposed Wilderness Addition'' and dated October 28, 
     2004, is incorporated in and shall considered to be a part of 
     the Yolla Bolly-Middle Eel Wilderness, as designated by 
     section 3 of the Wilderness Act (16 U.S.C. 1132).
       (5) Mad river buttes wilderness.--Certain land in the Six 
     Rivers National Forest, comprising approximately 6,494 acres, 
     as generally depicted on the map entitled ``Mad River Buttes, 
     Mad River Proposed Wilderness'' and dated September 17, 2004, 
     which shall be known as the ``Mad River Buttes Wilderness''.
       (6) Siskiyou wilderness addition.--
       (A) In general.--Certain land in the Six Rivers National 
     Forest, comprising approximately 48,754 acres, as generally 
     depicted on the maps described in subparagraph (B), is 
     incorporated in and shall be considered to be a part of the 
     Siskiyou Wilderness, as designated by section 101(a)(30) of 
     the California Wilderness Act of 1984 (16 U.S.C. 1132 note; 
     Public Law 98-425).
       (B) Description of maps.--The maps referred to in 
     subparagraph (A) are--
       (i) the map entitled ``Bear Basin Butte Unit, Siskiyou 
     Proposed Wilderness Additions, Six Rivers National Forest'' 
     and dated October 28, 2004;
       (ii) the map entitled ``Blue Creek Unit, Siskiyou Proposed 
     Wilderness Addition, Six Rivers National Forest'' and dated 
     October 28, 2004;
       (iii) the map entitled ``Blue Ridge Unit, Siskiyou Proposed 
     Wilderness Addition, Six Rivers National Forest'' and dated 
     September 17, 2004;
       (iv) the map entitled ``Broken Rib Unit, Siskiyou Proposed 
     Wilderness Addition, Six Rivers National Forest'' and dated 
     September 17, 2004; and
       (v) the map entitled ``Wooly Bear Unit, Siskiyou Proposed 
     Wilderness Addition, Six Rivers National Forest'' and dated 
     September 27, 2004.
       (7) Mount lassic wilderness.--Certain land in the Six 
     Rivers National Forest, comprising approximately 7,279 acres, 
     as generally depicted on the map entitled ``Mt. Lassic 
     Proposed Wilderness'' and dated September 17, 2004, which 
     shall be known as the ``Mount Lassic Wilderness''.
       (8) Trinity alps wilderness addition.--
       (A) In general.--Certain land in the Six Rivers National 
     Forest, comprising approximately 28,805 acres, as generally 
     depicted on the maps described in subparagraph (B) and which 
     is incorporated in and shall be considered to be a part of 
     the Trinity Alps Wilderness as designated by section 
     101(a)(34) of the California Wilderness Act of 1984 (16 
     U.S.C. 1132 note; Public Law 98-425).
       (B) Description of maps.--The maps referred to in 
     subparagraph (A) are--
       (i) the map entitled ``Orleans Mountain Unit (Boise Creek), 
     Trinity Alps Proposed Wilderness Addition, Six Rivers 
     National Forest'', and dated October 28, 2004;
       (ii) the map entitled ``East Fork Unit, Trinity Alps 
     Proposed Wilderness Addition, Six Rivers National Forest'' 
     and dated September 17, 2004;
       (iii) the map entitled ``Horse Linto Unit, Trinity Alps 
     Proposed Wilderness Addition, Six Rivers National Forest'' 
     and dated September 17, 2004; and
       (iv) the map entitled ``Red Cap Unit, Trinity Alps Proposed 
     Wilderness Addition, Six Rivers National Forest'' and dated 
     September 17, 2004.
       (9) Underwood wilderness.--Certain land in the Six Rivers 
     National Forest, comprising approximately 2,977 acres, as 
     generally depicted on the map entitled ``Underwood Proposed 
     Wilderness, Six Rivers National Forest'' and dated September 
     17, 2004, which shall be known as the ``Underwood 
     Wilderness''.
       (10) Cache creek wilderness.--Certain land administered by 
     the Bureau of Land Management in Lake County, California, 
     comprising approximately 30,870 acres, as generally depicted 
     on the map entitled ``Cache Creek Wilderness Area'' and dated 
     September 27, 2004, which shall be known as the ``Cache Creek 
     Wilderness''.
       (11) Cedar roughs wilderness.--Certain land administered by 
     the Bureau of Land Management in Napa County, California, 
     comprising approximately 6,350 acres, as generally depicted 
     on the map entitled ``Cedar Roughs Wilderness Area'' and 
     dated September 27, 2004, which shall be known as the ``Cedar 
     Roughs Wilderness''.
       (12) South fork eel river wilderness.--Certain land 
     administered by the Bureau of Land Management in Mendocino 
     County, California, comprising approximately 12,915 acres, as 
     generally depicted on the map entitled ``South Fork Eel River 
     Wilderness Area and Elkhorn Ridge Potential Wilderness'' and 
     dated September 27, 2004, which shall be known as the ``South 
     Fork Eel River Wilderness''.
       (13) King range wilderness.--
       (A) In general.--Certain land administered by the Bureau of 
     Land Management in Humboldt and Mendocino Counties, 
     California, comprising approximately 42,585 acres, as 
     generally depicted on the map entitled ``King Range 
     Wilderness'', and dated November 12, 2004, which shall be 
     known as the ``King Range Wilderness''.
       (B) Applicable law.--With respect to the wilderness 
     designated by subparagraph (A), in the case of a conflict 
     between this Act and Public Law 91-476 (16 U.S.C. 460y et 
     seq.), the more restrictive provision shall control.
       (14) Rocks and islands.--
       (A) In general.--All Federally-owned rocks, islets, and 
     islands (whether named or unnamed and surveyed or unsurveyed) 
     that are located--
       (i) not more than 3 geographic miles off the coast of the 
     King Range National Conservation Area; and
       (ii) above mean high tide.
       (B) Applicable law.--In the case of a conflict between this 
     Act and Proclamation No. 7264 (65 Fed. Reg. 2821), the more 
     restrictive provision shall control.

[[Page S9048]]

     SEC. 4. ADMINISTRATION OF WILDERNESS AREAS.

       (a) Management.--Subject to valid existing rights, each 
     area designated as wilderness by this Act shall be 
     administered by the Secretary in accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.), except that--
       (1) any reference in that Act to the effective date shall 
     be considered to be a reference to the date of enactment of 
     this Act; and
       (2) any reference in that Act to the Secretary of 
     Agriculture shall be considered to be a reference to the 
     Secretary that has jurisdiction over the wilderness.
       (b) Map and Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file a map and a 
     legal description of each wilderness area designated by this 
     Act with--
       (A) the Committee on Resources of the House of 
     Representatives; and
       (B) the Committee on Energy and Natural Resources of the 
     Senate.
       (2) Force of law.--A map and legal description filed under 
     paragraph (1) shall have the same force and effect as if 
     included in this Act, except that the Secretary may correct 
     errors in the map and legal description.
       (3) Public availability.--Each map and legal description 
     filed under paragraph (1) shall be filed and made available 
     for public inspection in the appropriate office of the 
     Secretary.
       (c) Incorporation of Acquired Land and Interests.--Any land 
     within the boundary of a wilderness area designated by this 
     Act that is acquired by the Federal Government shall--
       (1) become part of the wilderness area in which the land is 
     located; and
       (2) be managed in accordance with this Act, the Wilderness 
     Act (16 U.S.C. 1131 et seq.), and any other applicable law.
       (d) Withdrawal.--Subject to valid rights in existence on 
     the date of enactment of this Act, the Federal land 
     designated as wilderness by this Act is withdrawn from all 
     forms of--
       (1) entry, appropriation, or disposal under the public land 
     laws;
       (2) location, entry, and patent under the mining laws; and
       (3) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.
       (e) Fire, Insect, and Disease Management Activities.--
       (1) In general.--The Secretary may take such measures in 
     the wilderness areas designated by this Act as are necessary 
     for the control and prevention of fire, insects, and 
     diseases, in accordance with--
       (A) section 4(d)(1) of the Wilderness Act (16 U.S.C. 
     1133(d)(1)); and
       (B) House Report No. 98-40 of the 98th Congress.
       (2) Review.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall review existing 
     policies applicable to the wilderness areas designated by 
     this Act to ensure that authorized approval procedures for 
     any fire management measures allow a timely and efficient 
     response to fire emergencies in the wilderness areas.
       (f) Access to Private Property.--
       (1) In general.--The Secretary shall provide any owner of 
     private property within the boundary of a wilderness area 
     designated by this Act adequate access to such property to 
     ensure the reasonable use and enjoyment of the property by 
     the owner.
       (2) King range wilderness.--
       (A) In general.--Subject to subparagraph (B), within the 
     wilderness designated by section 3(13), the access route 
     depicted on the map for private landowners shall also be 
     available for invitees of the private landowners.
       (B) Limitation.--Nothing in subparagraph (A) requires the 
     Secretary to provide any access to the landowners or invitees 
     beyond the access that would be available if the wilderness 
     had not been designated.
       (g) Snow Sensors and Stream Gauges.--If the Secretary 
     determines that hydrologic, meteorologic, or climatological 
     instrumentation is appropriate to further the scientific, 
     educational, and conservation purposes of the wilderness 
     areas designated by this Act, nothing in this Act prevents 
     the installation and maintenance of the instrumentation 
     within the wilderness areas.
       (h) Military Activities.--Nothing in this Act precludes 
     low-level overflights of military aircraft, the designation 
     of new units of special airspace, or the use or establishment 
     of military flight training routes over wilderness areas 
     designated by this Act.
       (i) Livestock.--Grazing of livestock and the maintenance of 
     existing facilities related to grazing in wilderness areas 
     designated by this Act, where established before the date of 
     enactment of this Act, shall be permitted to continue in 
     accordance with--
       (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
     1133(d)(4)); and
       (2) the guidelines set forth in Appendix A of the report of 
     the Committee on Interior and Insular Affairs of the House of 
     Representatives accompanying H.R. 2570 of the 101st Congress 
     (H. Rept. 101-405).
       (j) Fish and Wildlife Management.--
       (1) In general.--In furtherance of the purposes of the 
     Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may 
     carry out management activities to maintain or restore fish 
     and wildlife populations and fish and wildlife habitats in 
     wilderness areas designated by this Act if such activities 
     are--
       (A) consistent with applicable wilderness management plans; 
     and
       (B) carried out in accordance with applicable guidelines 
     and policies.
       (2) State jurisdiction.--Nothing in this Act affects the 
     jurisdiction of the State of California with respect to fish 
     and wildlife on the public land located in the State.
       (k) Use by Members of Indian Tribes.--
       (1) Access.--In recognition of the past use of wilderness 
     areas designated by this Act by members of Indian tribes for 
     traditional cultural and religious purposes, the Secretary 
     shall ensure that Indian tribes have access to the wilderness 
     areas for traditional cultural and religious purposes.
       (2) Temporary closures.--
       (A) In general.--In carrying out this section, the 
     Secretary, on request of an Indian tribe, may temporarily 
     close to the general public 1 or more specific portions of a 
     wilderness area to protect the privacy of the members of the 
     Indian tribe in the conduct of the traditional cultural and 
     religious activities in the wilderness area.
       (B) Requirement.--Any closure under subparagraph (A) shall 
     be made in such a manner as to affect the smallest 
     practicable area for the minimum period of time necessary for 
     the activity to be carried out.
       (3) Applicable law.--Access to the wilderness areas under 
     this subsection shall be in accordance with--
       (A) Public Law 95-341 (commonly known as the ``American 
     Indian Religious Freedom Act'') (42 U.S.C. 1996 et seq.); and
       (B) the Wilderness Act (16 U.S.C. 1131 et seq.).
       (l) Adjacent Management.--
       (1) In general.--Nothing in this Act creates protective 
     perimeters or buffer zones around any wilderness area 
     designated by this Act.
       (2) Nonwilderness activities.--The fact that nonwilderness 
     activities or uses can be seen or heard from areas within a 
     wilderness area designated by this Act shall not preclude the 
     conduct of those activities or uses outside the boundary of 
     the wilderness area.

     SEC. 5. RELEASE OF WILDERNESS STUDY AREAS.

       (a) Finding.--Congress finds that, for the purposes of 
     section 603 of the Federal Land Policy and Management Act of 
     1976 (43 U.S.C. 1782), any portion of a wilderness study area 
     described in subsection (b) that is not designated as 
     wilderness by this Act or any previous Act has been 
     adequately studied for wilderness.
       (b) Description of Study Areas.--The study areas referred 
     to in subsection (a) are--
       (1) the King Range Wilderness Study Area;
       (2) the Chemise Mountain Instant Study Area;
       (3) the Red Mountain Wilderness Study Area;
       (4) the Cedar Roughs Wilderness Study Area; and
       (5) those portions of the Rocky Creek/Cache Creek 
     Wilderness Study Area in Lake County, California which are 
     not in R. 5 W., T. 12 N., sec. 22, Mount Diablo Meridian.
       (c) Release.--Any portion of a wilderness study area 
     described in subsection (b) that is not designated as 
     wilderness by this Act or any other Act enacted before the 
     date of enactment of this Act shall not be subject to section 
     603(c) of the Federal Land Policy and Management Act of 1976 
     (43 U.S.C. 1782(c)).

     SEC. 6. ELKHORN RIDGE POTENTIAL WILDERNESS AREA.

       (a) Designation.--In furtherance of the purposes of the 
     Wilderness Act (16 U.S.C. 1131 et seq.), certain public land 
     in the State administered by the Bureau of Land Management, 
     compromising approximately 9,655 acres, as generally depicted 
     on the map entitled ``South Fork Eel River Wilderness Area 
     and Elkhorn Ridge Potential Wilderness'' and dated September 
     27, 2004, is designated as a potential wilderness area.
       (b) Management.--Except as provided in subsection (c) and 
     subject to valid existing rights, the Secretary shall manage 
     the potential wilderness area as wilderness until the 
     potential wilderness area is designated as wilderness.
       (c) Ecological Restoration.--
       (1) In general.--For purposes of ecological restoration 
     (including the elimination of non-native species, removal of 
     illegal, unused, or decommissioned roads, repair of skid 
     tracks, and any other activities necessary to restore the 
     natural ecosystems in the potential wilderness area), the 
     Secretary may used motorized equipment and mechanized 
     transport in the potential wilderness area until the 
     potential wilderness area is designated as wilderness.
       (2) Limitation.--To the maximum extent practicable, the 
     Secretary shall use the minimum tool or administrative 
     practice necessary to accomplish ecological restoration with 
     the least amount of adverse impact on wilderness character 
     and resources.
       (d) Wilderness Designation.--
       (1) In general.--The potential wilderness area shall be 
     designated as wilderness and as a component of the National 
     Wilderness Preservation System on the earlier of--
       (A) the date on which the Secretary publishes in the 
     Federal Register notice that the conditions in the potential 
     wilderness area that are incompatible with the Wilderness Act 
     (16 U.S.C. 1131 et seq.) have been removed; or
       (B) the date that is 5 years after the date of enactment of 
     this Act.
       (2) Administration.--On designation as wilderness under 
     paragraph (1), the potential wilderness area shall be--
       (A) known as the ``Elkhorn Ridge Wilderness''; and

[[Page S9049]]

       (B) administered in accordance with this Act and the 
     Wilderness Act (16 U.S.C. 1131 et seq.).

     SEC. 7. WILD AND SCENIC RIVER DESIGNATION.

       (a) Designation of Black Butte River, California.--Section 
     3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is 
     amended by adding at the end the following:
       ``(167) Black butte river, california.--The following 
     segments of the Black Butte River in the State of California, 
     to be administered by the Secretary of Agriculture:
       ``(A) The 16 miles of Black Butte River, from the Mendocino 
     County Line to its confluence with Jumpoff Creek, as a wild 
     river.
       ``(B) The 3.5 miles of Black Butte River from its 
     confluence with Jumpoff Creek to its confluence with Middle 
     Eel River, as a scenic river.
       ``(C) The 1.5 miles of Cold Creek from the Mendocino County 
     Line to its confluence with Black Butte River, as a wild 
     river.''.
       (b) Plan; Report.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary of Agriculture shall 
     submit to Congress--
       (A) a fire management plan for the Black Butte River 
     segments designated by the amendment under subsection (a); 
     and
       (B) a report on the cultural and historic resources within 
     those segments.
       (2) Transmittal to county.--The Secretary of Agriculture 
     shall transmit to the Board of Supervisors of Mendocino 
     County, California, a copy of the plan and report submitted 
     under paragraph (1).

     SEC. 8. KING RANGE NATIONAL CONSERVATION AREA BOUNDARY 
                   ADJUSTMENT.

       Section 9 of Public Law 91-476 (16 U.S.C. 460y-8) is 
     amended by adding at the end the following:
       ``(d) In addition to the land described in subsections (a) 
     and (c), the land identified as the King Range National 
     Conservation Area Additions on the map entitled `King Range 
     Wilderness' and dated November 12, 2004, is included in the 
     Area.''.

  The amendment (No. 1588) was agreed to.
  (The amendment is printed in todays Record under ``Test of 
Amendments.'')
  The bill (S. 128), as amended, was read the third time and passed.

                          ____________________