[Congressional Record Volume 151, Number 133 (Wednesday, October 19, 2005)]
[Senate]
[Pages S11561-S11579]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. KERRY (for himself, Mr. Kennedy, and Mr. Jeffords):
S. 1887. A bill to authorize the conduct of small projects for the
rehabilitation or removal of dams; to the Committee on Environment and
Public Works.
Mr. KERRY. Mr. President, today I joined Senator Kennedy,
Representative Frank, Governor Romney and Mayor Robert Nunes on a tour
of the deteriorating dam in Taunton, MA. The dam buckled earlier this
week under the pressure of heavy rain. Since the beginning of this
month, Taunton has received 11\1/2\ inches of rain, with more than 7
inches of that from Friday through Sunday.
As of this morning, the city remained under a state of emergency and
there was still a significant amount of water behind the Whittenton
Pond Dam on the Mill River. In speaking with local officials, they
expressed fear that a major break in the dam could send 6 feet of water
surging through downtown Taunton, flooding businesses and destroying
homes.
For now, the situation is under control but still extremely volatile.
It appears we may have gotten lucky--but just because the waters are
receding doesn't mean our work is through. Doing everything possible
means the Federal Government has to give mayors and governors every
tool they need to protect their communities.
Today, the Army Corps of Engineers can help in Taunton only because
it's an emergency--and everyone who has been praying that the dam
doesn't break knows just what an emergency this has been. But according
to the law, it's only at that point of no return that the Corps can
step in. The Army Corps of Engineers has no authority to try to prevent
a situation like this. Before the water came pouring through and 2,000
people were evacuated from their homes, the Corps was powerless to fix
this dam.
But it's not just on the Mill River--we have 3,000 privately-owned
dams in Massachusetts. The Army Corps of Engineers shouldn't be
handcuffed by bureaucratic red tape until we reach the point of a make-
it-or-break-it crisis. If Hurricane Katrina taught us anything, it's
that we can't let bureaucracy get in the way of preventing a pending
disaster or responding to a looming threat.
For that reason, I am introducing a bill to give the Army Corps of
Engineers the ability to intervene to repair privately-owned dams for
the sake of public safety. That way, the Corps can help in the kind of
effort Governor Romney is now undertaking to inspect and strengthen
dams across the State. Senator Kennedy is co-sponsoring this bill, and
we will work together to make it law.
______
By Mr. JEFFORDS (for himself and Mr. Feingold):
S. 1888. A bill to provide for 2 programs to authorize the use of
leave by caregivers for family members of certain individuals
performing military service, and for other purposes; to the Committee
on Homeland Security and Governmental Affairs.
Mr. JEFFORDS. Mr. President, today I am pleased to introduce the
Military Family Support Act of 2005 with my colleague and friend from
Wisconsin, Senator Russ Feingold. Our bill will help military families
ease the stress caused by long-term absences due to deployments
overseas.
I was contacted a few months back by a group of Vermonters looking
for a way to help their coworkers with family in the Vermont National
Guard. When a member of the armed forces is activated and deployed,
family structures and daily functioning are severely affected. The day-
to-day life of families is, in many cases, more than a one-person job.
Any absence, especially absences of several months due to a deployment
overseas, can be debilitating to family life. The stories of soldiers
and their families from Enosburg Falls, VT, were told very poignantly
in a piece reported by the Los Angeles Times. Enosburg and neighboring
communities have contributed a disproportionately high number of
National Guard troops to Operation Iraqi Freedom. Because of this,
Enosburg's men and women have felt the pains of separation and long
deployments more than most. Enosburg and surrounding towns and villages
should be proud of the sacrifices made by their men and women in
uniform and by those employers and family members who remained at home.
Vermont is a place where neighbors help neighbors and I am proud of all
the people throughout the state who have given so much support to Guard
families.
The Military Family Support Act of 2005 is a straightforward bill
that proposes two pilot programs. The first pilot program, administered
by the Office of Personnel Management, OPM, would authorize Federal
employees, who have been designated by a member of the Armed Forces as
``caregivers'', as defined by the Department of Defense, DOD, to use
their leave in a more flexible manner. No new leave would be conferred
to any employees. This bill simply makes leave already available more
useful during stressful times for military families. The second pilot
program would be established by the Department of Labor, DOL, to
solicit businesses to voluntarily take part in a program to offer more
accommodating leave to their employees. This bill does not include in
its scope the Family Medical Leave Act, FMLA, and it does not require
any private sector entity to participate. The goal of the Military
Family Support Act is to make life a little easier for those who are
already giving so much to our country and to their communities.
I ask unanimous consent that a May 2, 2005, article from the Los
Angeles Times be printed in the Record. I also ask unanimous consent
that the text of the Military Family Support Act of 2005 be printed in
Record.
There being no objection, the materials were printed in the Record,
as follows:
[[Page S11562]]
[From the Los Angeles Times, May 2, 2005]
A Town Called to Duty
(By Elizabeth Mehren)
for a rural Vermont community, the conflict in Iraq hits home. With its
guardsmen deployed, locals band together to cover their absence
For four years, Matt Tracy spent his days pumping gas and
repairing car engines at Mark LaRose's Texaco on Main Street.
At night, the 33-year-old father of two studied law. He
fended off frequent entreaties from military recruiters and
held fast to his dream of becoming a litigator.
Then in December, LaRose was called up for active duty,
along with the entire National Guard unit in this remote,
rural town of 1,473. The deployment of 88 men in Company B,
1st Battalion, 172nd Armor Regiment, 42nd Infantry Division--
better known as Bravo Company--has touched just about
everyone in the area.
For Tracy, it meant his plans to exchange his wrench for an
attache case went on hold.
``Right now I am just going to be a well-educated
mechanic,'' he said, his voice devoid of any emotion beyond
simple resignation. ``There is a point where you just have to
accept it. What Mark has to do over there is much worse and
much more of a sacrifice than whatever I have to give up
here.''
Two years into the war, many Americans have become numb to
the conflict in Iraq. Though the war is a nightly news event,
it is far away and is beyond any individual's control. But in
this small Vermont town, the war could not be more personal.
Town meetings now take place without Selectman Brian
Westcom, who also is the road commissioner. Chris Beaudry,
who works for the state highway department, was not around to
clear the roads during an especially snowy winter.
Firefighter Shawn Blake is gone along with LaRose, the
service station owner who also is the volunteer fire chief.
Dennis Sheridan will not be coaching soccer at the junior
high his son Tyler attends, and the school does not know who
will replace him. Jimmy Gleason, a school bus driver who also
maintained the fleet, is absent. The hunter safety class held
twice a year by Eric Chates--who also works as the mechanic
for the Enosburg Armory--has been canceled.
Each day brings new evidence of the men's absence: Wives
attend social functions alone. Children send sports scores by
e-mail to fathers who never missed a game until now. Elderly
parents arrange rides to doctors' appointments because their
sons are not there to drive them.
Businesses are stretched thin. Matt Tracy says his workload
at LaRose Texaco has tripled. Tammie Randall, hired strictly
to pump gas, keeps the books, handles the payroll and washes
the service vehicles.
Five of the 98 employees at Blue Seal Feeds are gone. An
electric candle glows in their honor at the main entrance to
the grain and animal feed company, and five enormous yellow
ribbons hang from a six-story silo.
``Everyone is working extra hard, and we have gone to a
temp agency to try to fill the vacancies,'' said plant
manager Paul Adamczak. ``It affects us because we have lost
people with years of experience. You can't replace that. We
have lost skill, not just employees.''
Adamczak's son, Mike, 33, was among the plant workers
deployed.
Like the town, the father remains stoic. ``We're
Vermonters,'' Adamczak said. ``We're not the great vocal
communicators. This is something you think about, something
you feel every day--but something you don't say anything
about.''
Quietly, neighbors pitch in to help the families of those
who have left. Donna Magnant, a first-grade teacher's aide
whose husband, Raymond, and son Jon were deployed, said the
snow on her driveway and walkway seemed to magically
disappear all winter, as friends dropped by to shovel and
plow.
The Magnants were engaged to be married when Raymond went
to Vietnam with the Army almost 40 years ago, right out of
high school. Both have lived in Enosburg Falls their entire
lives.
``Neither one of us, I am sure, thought we would have to
face something like this again,'' said Magnant, 58.
All 63 assigned members of Bravo Company are in Iraq. Of
the 25 support soldiers attached to the unit, most are
training at Camp Shelby, Miss., and will head to the Middle
East soon; a handful found they had medical conditions that
prevented them from serving overseas. The unit is scheduled
to be gone for 18 months. Though women have belonged to the
unit in the past, Bravo Company is all male at this time.
Bravo Company joined about 1,400 other members of the
Vermont Guard who had been called up in recent months, nearly
half the state's roster--making Vermont second only to Hawaii
in the per capita call-up of guardsmen. The Hawaiian units,
however, include people from other states. The Vermont
guardsmen come from their home state.
The average age of the men deployed from Bravo Company is
40, but some are old enough to have grandchildren. At least a
third have served in the Guard for 20 years or more.
Answering the call of their country is something people in
Enosburg Falls do, not something they question. If there is
opposition to the war, people keep it to themselves,
deferring to the prevailing sentiment of patriotism.
``Most people around here would go if they were asked,''
said Steve Tracy, who works at Blue Seal Feeds. ``Basically,
it is how we were brought up.''
Tracy, 55--no relation to Matt Tracy--has five family
members in the Guard: two sons, a nephew, a son-in-law and a
brother-in-law.
``It has just become our community's price for the way we
live,'' said Adamczak, his boss. ``If you look at it any
other way, you are kidding yourself. Nobody is going to
protect our lifestyle if we don't do it. This is a necessary,
continuing commitment.''
As teller Jeannie West cashes paychecks and processes
mortgage payments at Merchants Bank on Main Street, she
glances at a snapshot thumbtacked to her work station. It
shows four men in camouflage--all family members who have
been called up. The last to be summoned was her son Joshua,
22, who left college in nearby Burlington when he was sent to
Iraq in January.
West, 49, considers it an honor when customers ask about
her son, and tell her they are proud that a boy from Enosburg
Falls is representing the United States in Iraq.
``I could not imagine living somewhere where people did not
feel like this,'' she said.
Still, West said: ``The town seems sadder because everybody
talks about the guys who are gone. Everyone here went to
school with somebody in the Guard. Everybody knows someone.
Everyone is connected, somehow, to someone who is over
there.''
As their fathers and grandfathers did, many young people
here enlist in the military straight out of high school. When
they return home, they often join the Guard--signing up for
extra income, and for an opportunity to continue to serve.
Edward Grossman, principal of Enosburg Falls High School,
said support for the military effort was so strong that when
he surveyed his 375 students about starting an ROTC program,
half said they wanted one. The program will begin in the
fall.
When Bravo Company was deployed from St. Albans in
December, the students pressed so hard to see the ceremony
that Grossman arranged for a live broadcast in the school
auditorium. As cameras panned on the unit, Grossman, 55,
heard squeals of recognition: ``There's my cousin!''
``There's my brother!'' ``There's my dad!''
Enosburg Falls nestles in low hills in northwestern
Vermont, 10 miles from the Canadian border. Most of the town
was built in the 19th century, starting when the first dairy
farm was settled in 1806. In a quarter-mile commercial
district, Radio Shack and the Family Dollar store stand out
as franchises among locally owned enterprises like Leon's
Kitchen.
There is almost 100% employment. Three-quarters of the
population graduates from high school, going on to earn an
average annual income of $32,000. They are laborers at the
feed company and a pulp mill. They drive trucks. They are
mechanics, cashiers and office workers. Many work on dairy
farms. Some have jobs at an IBM plant 45 minutes away.
Enosburg Falls is surrounded by villages, bringing the
population of the region residents refer to as Enosburg to
about 2,500.
The area's uncommon stability has helped it withstand the
loss of the guardsmen. But there are signs everywhere that
the men are not forgotten.
Yellow ribbons cling to door knockers, lampposts and bay
windows. Nine houses on Duffy Hill, a 1\1/2\-mile road, are
draped with blue-star banners, indicating a soldier on active
duty. A nearby trailer boasts a sign: ``Gone to Iraq, Be Back
in 18 Months.''
Jars filled with pennies, nickels and dimes sit on office
counters. The coins pay for postage to send goodie boxes to
the guardsmen. Cars and pickups sport magnets honoring Bravo
Company. A busy local restaurant, the Abbey, offers 50%
discounts to Guard families.
Every other Saturday, Lise Gates, 50, turns her arcade and
bowling alley over to children of the guardsmen so their
mothers can have a break. Gates, who has no relatives in
Bravo Company, e-mails photographs of the kids at play to
their dads.
They thank her and she wonders why.
``Why thank me, when they're the ones putting their lives
on the line so we can be safe?'' Gates said. ``I think a
majority of them wanted to go because they felt if they
didn't, a war was going to happen right here. A lot of us
here feel that way.''
The elementary school started its own support group for
Guard children.
[[Page S11563]]
An English teacher at Enosburg Falls High assigned her
students to write an essay comparing a recent graduate--who
has served twice in Iraq--to Beowulf, a great Scandinavian
warrior from the 6th century. The graduate, Ben Pathode, has
two brothers at the school.
School secretary Debbie Shover's 22-year-old nephew is in
Iraq. Shover, 50, said that since the guardsmen shipped out
townspeople thought in terms of days, not months or years.
Enosburg Falls, she said, has unofficially adopted a new
way of telling time. ``Now, today, another day we can mark
off. And then, when they come home. Nothing in between.''
When a fire broke out on Main Street one cold night in
February, the guardsmen's absence seemed more glaring than
usual. The blaze demolished an entire block of eight
apartments and five businesses--among them, a furniture
company.
Firefighters converged from as far as Quebec. But LaRose,
the volunteer fire captain, was missing. LaRose, 49, Bravo
Company's command sergeant major, is known for his ability to
take charge in an emergency. He joined the Guard almost 30
years ago.
``We put the fire out,'' said Town Administrator Harold
Foote. ``But we really missed him.''
Foote, 49, said he was worried about what would happen when
the spring floods started. In the past, the Guard unit
stacked sandbags to halt onrushing waters. The June Dairy
Festival--the town's biggest event of the year--also concerns
him, because guardsmen traditionally manage the crowds and
traffic.
``It sounds like small things, but it really confuses a
community when you are used to relying on a group of guys
like this,'' Foote said. ``And we haven't gone through a
whole year's cycle yet.''
LaRose's gas station, with its big red Texaco star sign, is
a local landmark--the only service station for miles where
customers can still get their gas pumped and their
windshields cleaned without getting out of their cars.
``Mark kept it like that, religiously,'' Matt Tracy said.
He has vowed to maintain his boss' high service standards:
``It is our responsibility to keep it like that until he gets
back.''
Tracy said he and his boss used to confer on minor problems
and emergencies alike. Now he has no one to turn to. ``Mark
was a leader,'' he said, ``not just with the National Guard
or the fire department. He was my leader too.''
As he tries to make the right decisions, Tracy asks
himself: What would Mark do?
Until now, Tracy said, he never realized how one man's
absence could make such a difference.
S. 1888
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 ``Military Family Support Act
of 2005''.
SEC. 2. PROGRAMS FOR USE OF LEAVE BY CAREGIVERS FOR FAMILY
MEMBERS OF INDIVIDUALS PERFORMING CERTAIN
MILITARY SERVICE.
(a) Federal Employees Program.--
(1) Definitions.--In this subsection:
(A) Caregiver.--The term ``caregiver'' means an individual
who--
(i) is an employee;
(ii) is at least 21 years of age; and
(iii) is capable of self care and care of children or other
dependent family members of a qualified member of the Armed
Forces.
(B) Covered period of service.--The term ``covered period
of service'' means any period of service performed by an
employee as a caregiver while the individual who designated
the caregiver under paragraph (3) remains a qualified member
of the Armed Forces.
(C) Employee.--The term ``employee'' has the meaning given
under section 6331 of title 5, United States Code.
(D) Family member.--The term ``family member'' includes--
(i) individuals for whom the qualified member of the Armed
Forces provides medical, financial, and logistical support
(such as housing, food, clothing, or transportation); and
(ii) children under the age of 19 years, elderly adults,
persons with disabilities, and other persons who are unable
to care for themselves in the absence of the qualified member
of the Armed Forces.
(E) Qualified member of the armed forces.--The term
``qualified member of the Armed Forces'' means--
(i) a member of a reserve component of the Armed Forces as
described under section 10101 of title 10, United States
Code, who has received notice to report to, or is serving on,
active duty in the Armed Forces in support of a contingency
operation as defined under section 101(a)(13) of title 10,
United States Code; or
(ii) a member of the Armed Forces on active duty who is
eligible for hostile fire or imminent danger special pay
under section 310 of title 37, United States Code.
(2) Establishment of program.--The Office of Personnel
Management shall establish a program to authorize a caregiver
to--
(A) use any sick leave of that caregiver during a covered
period of service in the same manner and to the same extent
as annual leave is used; and
(B) use any leave available to that caregiver under
subchapter III or IV of chapter 63 of title 5, United States
Code, during a covered period of service as though that
covered period of service is a medical emergency.
(3) Designation of caregiver.--
(A) In general.--A qualified member of the Armed Forces
shall submit a written designation of the individual who is
the caregiver for any family member of that member of the
Armed Forces during a covered period of service to the
employing agency and the Office of Personnel Management.
(B) Designation of spouse.--Notwithstanding paragraph
(1)(A)(ii), an individual less than 21 years of age may be
designated as a caregiver if that individual is the spouse of
the qualified member of the Armed Forces making the
designation.
(4) Use of caregiver leave.--Leave may only be used under
this subsection for purposes directly relating to, or
resulting from, the designation of an employee as a
caregiver.
(5) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Office of Personnel Management
shall prescribe regulations to carry out this subsection.
(6) Termination.--The program under this subsection shall
terminate on December 31, 2007.
(b) Voluntary Private Sector Leave Program.--
(1) Definitions.--
(A) Caregiver.--The term ``caregiver'' means an individual
who--
(i) is an employee;
(ii) is at least 21 years of age; and
(iii) is capable of self care and care of children or other
dependent family members of a qualified member of the Armed
Forces.
(B) Covered period of service.--The term ``covered period
of service'' means any period of service performed by an
employee as a caregiver while the individual who designated
the caregiver under paragraph (4) remains a qualified member
of the Armed Forces.
(C) Employee.--The term ``employee'' means an employee of a
business entity participating in the program under this
subsection.
(D) Family member.--The term ``family member'' includes--
(i) individuals for whom the qualified member of the Armed
Forces provides medical, financial, and logistical support
(such as housing, food, clothing, or transportation); and
(ii) children under the age of 19 years, elderly adults,
persons with disabilities, and other persons who are unable
to care for themselves in the absence of the qualified member
of the Armed Forces.
(E) Qualified member of the armed forces.--The term
``qualified member of the Armed Forces'' means--
(i) a member of a reserve component of the Armed Forces as
described under section 10101 of title 10, United States
Code, who has received notice to report to, or is serving on,
active duty in the Armed Forces in support of a contingency
operation as defined under section 101(a)(13) of title 10,
United States Code; or
(ii) a member of the Armed Forces on active duty who is
eligible for hostile fire or imminent danger special pay
under section 310 of title 37, United States Code.
(2) Establishment of program.--
(A) In general.--The Secretary of Labor shall establish a
program to authorize employees of business entities described
under paragraph (3) to use sick leave, or any other leave
available to an employee, during a covered period of service
in the same manner and to the same extent as annual leave (or
its equivalent) is used.
(B) Exception.--Subparagraph (A) shall not apply to leave
made available under the Family and Medical Leave Act of 1993
(29 U.S.C. 2601 et seq.).
(3) Voluntary business participation.--The Secretary of
Labor shall solicit business entities to voluntarily
participate in the program under this subsection.
(4) Designation of caregiver.--
(A) In general.--A qualified member of the Armed Forces
shall submit a written designation of the individual who is
the caregiver for any family member of that member of the
Armed Forces during a covered period of service to the
employing business entity.
(B) Designation of spouse.--Notwithstanding paragraph
(1)(A)(ii), an individual less than 21 years of age may be
designated as a caregiver if that individual is the spouse of
the qualified member of the Armed Forces making the
designation.
(5) Use of caregiver leave.--Leave may only be used under
this subsection for purposes directly relating to, or
resulting from, the designation of an employee as a
caregiver.
[[Page S11564]]
(6) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Labor shall prescribe
regulations to carry out this subsection.
(7) Termination.--The program under this subsection shall
terminate on December 31, 2007.
(c) GAO Report.--Not later than June 30, 2007, the
Government Accountability Office shall submit a report to
Congress on the programs under subsections (a) and (b) that
includes--
(1) an evaluation of the success of each program; and
(2) recommendations for the continuance or termination of
each program.
Mr. FEINGOLD. Mr. President, today I am pleased to join with the
Senator from Vermont, Mr. Jeffords, in introducing legislation that
would bring a small measure of relief to the families of our men and
women in uniform as they seek to maintain a sense of normalcy here at
home while their loved ones are deployed in service to our country. Our
ongoing large-scale deployments in Iraq continue to demand so much from
our men and women in uniform and their families. Passing this measure
is the least we can do.
As part of the pre-deployment process, military personnel with
dependent children or other dependent family members, such as elderly
parents who require care, designate a caregiver for their dependents.
This person will act in the deployed personnel's place to provide care
for these family members during the period of deployment. The caregiver
could be a spouse, parent, sibling, or other responsible adult who is
capable of caring for, and willing to care for, the dependents in
question.
The bill that we are introducing today, the Military Family Support
Act, would create two programs to provide additional leave options for
persons who have been designated as caregivers. The first program would
require the Office of Personnel Management, OPM, to create a program
under which Federal employees who are designated as caregivers could
use accrued annual or sick leave, leave bank benefits, and other leave
available to them under Title 5 for purposes directly relating to or
resulting from their designation as a caregiver.
This bill would also require the Secretary of Labor to establish a
voluntary program under which private sector companies would create
similar programs for their employees and to solicit participation from
private sector companies. I commend the many employers around the
country for their understanding and support when an employee or a
family member of an employee is called to active duty, and I hope that
companies in Wisconsin and around the country will participate in this
voluntary program.
In addition, our bill would require the Government Accountability
Office to report to Congress with an evaluation of both the OPM program
and the voluntary Department of Labor program. It is my hope that this
evaluation will demonstrate the utility of such a leave program for
designated caregivers and that these pilot programs could then be
expanded to the designated caregivers of additional deployed military
personnel.
This legislation builds on a measure that I introduced earlier this
year, S. 798, the Military Families Leave Act. This bill would provide
a similar benefit to military families by allowing eligible employees
whose spouses, parents, sons, or daughters are military personnel who
are serving on or called to active duty in support of a contingency
operation to use their Family and Medical Leave Act, FMLA, benefits for
issues directly relating to or resulting from that deployment. These
instances could include preparation for deployment or additional
responsibilities that family members take on as a result of a loved
one's deployment, such as child care. I also introduced this bill
during the 108th Congress.
Let me be clear, that the legislation we are introducing today does
not amend the FMLA in any way. In fact, FMLA benefits are specifically
exempted from the types of leave that can be used by designated
caregivers for purposes directly related to or resulting from their
caregiver responsibilities. While I believe that the FMLA could serve
as the basis for providing additional leave opportunities for
designated caregivers, opposition in some quarters to the original FMLA
makes this a difficult proposition. I am proud to have been a cosponsor
of this landmark law, and I believe that the FMLA continues to provide
much-needed assistance to millions of workers around the country as
they seek to care for their own serious health condition or that of a
family member or as they welcome the birth or adoption of a child. I
will continue to support this law and efforts to ensure that the vital
benefits that it provides are not eroded.
I thank the Senator from Vermont, Mr. Jeffords, for his work on this
important measure, and I urge all of our colleagues to support it.
______
By Mr. HAGEL:
S. 1889. A bill to establish the Comprehensive Entitlement Reform
Commission; to the Committee on Finance.
Mr. HAGEL. Mr. President, today I introduce legislation to create a
bi-partisan Entitlement Reform Commission. The Commission will review
America's three major entitlement programs, Social Security, Medicare
and Medicaid, and make comprehensive recommendations to Congress and
the President that would sustain the solvency and stability of these
three programs for future generations. Representative John Tanner, D-
TN, has joined me by introducing this legislation in the House of
Representatives.
Social Security, Medicare and Medicaid have played a vital role for
millions of Americans to cope with the financial burdens of retirement
and health care costs. However, over the next 75 years these three
programs represent a 42 trillion dollar unfunded commitment are on a
trajectory that cannot be sustained. The Social Security Trust Fund
faces a four trillion dollar unfunded commitment and will pay out more
money than it takes in beginning in 2017; it will be exhausted in 2041.
The Medicare Part A Trust Fund, hospital insurance, faces an 8.6
trillion dollar unfunded commitment and will be exhausted even sooner
in 2020. The remainder of the 42 trillion dollar unfunded commitment
includes 12.4 trillion dollars for Medicare Part B, supplementary
medical insurance; 8.7 trillion dollars for Medicare Part D,
prescription drugs; and 8.4 trillion dollars for Medicaid.
We have no idea where we are going to get the money to pay for these
commitments. We must deal with these challenges today while we still
have options so that our children will not be severely burdened with
paying for huge entitlement commitments when they are competing in a
far more competitive world than exists today. To leave future
generations in this predicament would be an irresponsible and colossal
failure of our generation.
Eight members will sit on the Commission established in my
legislation. The House Speaker, House Minority Leader, Senate Majority
Leader and Senate Minority Leader will each appoint two members.
Members cannot be elected officials. The Commission will select two Co-
Chairmen from among its members and hire an Executive Director.
The Commission must submit its final report to the President and
Congress one year after the selection of the two Co-Chairmen of the
Commission and the Executive Director. Congress will hold Committee
hearings to review the Commission's recommendations. The bill
authorizes 1.5 million dollars to carry out the Commission's tasks.
In March 2005, Federal Reserve Chairman Alan Greenspan urged Congress
to act on modernizing entitlement programs, ``sooner rather than
later.'' He warned that unless we act now to meet the huge unfunded
commitments of our entitlement programs, there will be significant
economic consequences for our nation. Dealing with this problem now
means facing less dramatic and difficult choices down the road. The
earlier we confront this reality, the more options we will have to
pursue a wise and sustainable course of action.
I am 59 years old. I am at the front end of the ``baby boom''
generation. My daughter is 15 years old and my son is 13 years old. I
don't want to fail their generation. That means addressing these
entitlement programs now while we have time to do it in a responsible
way. This is a defining debate for today's leaders. Doing nothing is
irresponsible and cowardly. It is in every American's interest to deal
with this challenge now. We have it in us to do what needs to be done.
I invite my colleagues to cosponsor this legislation.
[[Page S11565]]
______
By Mr. BAUCUS (for himself, Mr. Grassley, and Mr. McCain):
S. 1890. A bill to amend the Internal Revenue Code of 1986 to deny a
deduction for certain fines, penalties, and other amounts; to the
Committee on Finance.
Mr. BAUCUS. Mr. President, today my good friends Senators Grassley
and McCain and I are introducing the ``Government Settlement
Transparency Act of 2005'', a bill that will put a stop to tax
deductions for fines and penalties paid by companies to government
agencies in connection with civil settlements. Over the past several
years, we have become increasingly concerned about the approval of
various settlements that allow penalty payments made to the government
in settlement of a violation or potential violation of the law to be
tax deductible. Our concerns were heightened this week upon the release
of a Government Accountability Office Report that confirmed many
companies deduct these settlements notwithstanding the tax code's
prohibition against deducting fines and penalties. This abuse shifts
the tax burden from the wrongdoer onto the backs of the American
people. This is unacceptable.
Many government agencies enter into these settlement agreements after
investigating companies for violations of the law. Every year thousands
of violations are resolved with settlements totaling tens of billions
of dollars paid to the Federal Government. Civil settlements serve to
punish past wrongdoing and to deter future wrongdoing without
protracted court proceedings. For example, in the past several years
settlements of various SEC investigations into violations or potential
violations of the securities laws have been front and center in the
news. Through civil investigations, Federal and State regulators are
working hard to hold these firms responsible for their actions. With
these efforts to achieve greater accountability in the business
community and ensure the integrity of our financial markets, it is
important that the rules governing the appropriate tax treatment of
settlements be clear and adhered to by taxpayers.
Section 162(f) of the Internal Revenue Code provides that no
deduction is allowed as a trade or business expense under section
162(a) for the payment of a fine or penalty to a government for
violation of any law. The enactment of section 162(f) in 1969 codified
existing case law that denied the deductibility of fines and penalties
as ordinary and necessary business expenses on the grounds that
``allowance of the deduction would frustrate sharply defined national
or state policies proscribing the particular types of conduct evidenced
by some governmental declaration thereof.'' Treasury regulations
provide that a fine or penalty includes an amount paid in settlement of
the taxpayer's actual or potential liability for a fine or penalty.
The legislation introduced today modifies the rules regarding the
determination of whether payments are nondeductible payments of fines
or penalties under section 162(f). In particular, the bill generally
provides that amounts paid or incurred whether by suit, agreement, or
otherwise, to, or at the direction of, a government in relation to the
violation of any law or the investigation or inquiry in the potential
violation of any law are nondeductible. The bill applies to deny a
deduction for any such payments, including those where there is no
admission of guilt or liability and those made for the purpose of
avoiding further investigation or litigation.
An exception applies to payments that the taxpayer establishes are
either restitution, including remediation of property, or amounts
required to come into compliance with any law that was violated, and
that are so identified in the settlement agreement. It is intended that
a payment will be treated as restitution only if the payment is
required to be paid to the specific persons, or in relation to the
specific property, actually harmed by the conduct of the taxpayer that
resulted in the payment. Restitution does not include reimbursement of
government investigative or litigation costs, or payments to
whistleblowers. It is intended that a payment will be treated as an
amount required to come into compliance only if it directly corrects a
violation with respect to a particular requirement of law that was
under investigation. Amounts paid to educate consumers or customers
about the risks of doing business with the taxpayer or about the field
in which the taxpayer generally does business, and which are not
specifically required under the law, are not deductible if required
under a settlement agreement.
To ensure that companies do not take unallowable tax deductions for
settlement payments, the bill requires government agencies to report to
the IRS and to the taxpayer within thirty days of the settlement the
amount of each settlement agreement, and to identify whether the
payment is for fines, restitution, remediation or compliance, where the
aggregate amount of the settlement is at least six hundred dollars, the
Secretary of the Treasury will have the authority to adjust the amount
and deadline for filing. Further, the IRS is encouraged to require
taxpayers to separately identify such settlements on their tax returns.
The bill would be effective for amounts paid or incurred on or after
the date of enactment unless the amounts were under binding order or
agreement before such date.
I ask unanimous consent that the Joint Committee on Taxation
Technical Description and the text of the bill be printed in the
Record.
There being no objection, the materials were ordered to be printed in
the Record, as follows:
Denial of Deduction for Certain Fines, Penalties, and Other Amounts
Present Law
Under present law, no deduction is allowed as a trade or
business expense under section 162(a) for the payment of a
fine or similar penalty to a government for the violation of
any law (sec. 162(f)). The enactment of section 162(f) in
1969 codified existing case law that denied the deductibility
of fines as ordinary and necessary business expenses on the
grounds that ``allowance of the deduction would frustrate
sharply defined national or State policies proscribing the
particular types of conduct evidenced by some governmental
declaration thereof.''
Treasury regulation section 1.162-21(b)(1) provides that a
fine or similar penalty includes an amount: (1) Paid pursuant
to conviction or a plea of guilty or nolo contendere for a
crime (felony or misdemeanor) in a criminal proceeding; (2)
paid as a civil penalty imposed by Federal, State, or local
law, including additions to tax and additional amounts and
assessable penalties imposed by chapter 68 of the Code; (3)
paid in settlement of the taxpayer's actual or potential
liability for a fine or penalty (civil or criminal); or (4)
forfeited as collateral posted in connection with a
proceeding which could result in imposition of such a fine or
penalty. Treasury regulation section 1.162-21(b)(2) provides,
among other things, that compensatory damages (including
damages under section 4A of the Clayton Act (15 U.S.C. 15a),
as amended) paid to a government do not constitute a fine or
penalty.
Reasons for Chanee
There is a lack of clarity and consistency under present
law regarding when taxpayers may deduct payments made in
settlement of government investigations of potential
wrongdoing, as well as in situations where there has been a
final determination of wrongdoing. If a taxpayer deducts
payments made in settlement of an investigation of potential
wrongdoing or as a result of a finding of wrongdoing, the
publicly announced amount of the settlement payment does not
reflect the true after-tax penalty on the taxpayer. Allowing
a deduction for such payments in effect shifts a portion of
the penalty to the Federal government and to the public.
Description of Proposal
The bill modifies the rules regarding the determination
whether payments are nondeductible payments of fines or
penalties under section 162(f). In particular, the bill
generally provides that amounts paid or incurred (whether by
suit, agreement, or otherwise) to, or at the direction of, a
government in relation to the violation of any law or the
investigation or inquiry into the potential violation of any
law are nondeductible under any provision of the income tax
provisions. The bill applies to deny a deduction for any
such payments, including those where there is no admission
of guilt or liability and those made for the purpose of
avoiding further investigation or litigation. An exception
applies to payments that the taxpayer establishes are
either restitution (including remediation of property), or
amounts required to come into compliance with any law that
was violated or involved in the investigation or inquiry,
and that are identified in the court order or settlement
as restitution, remediation, or required to come into
compliance. The IRS remains free to challenge the
characterization of an amount so identified; however, no
deduction is allowed unless the identification is made.
An exception also applies to any amount paid or incurred as
taxes due.
The bill is intended to apply only where a government (or
other entity treated in a
[[Page S11566]]
manner similar to a government under the amendment) is a
complainant or investigator with respect to the violation or
potential violation of any law.
It is intended that a payment will be treated as
restitution (including remediation of property) only if
substantially all of the payment is required to be paid to
the specific persons, or in relation to the specific
property, actually harmed by the conduct of the taxpayer that
resulted in the payment. Thus, a payment to or with respect
to a class substantially broader than the specific persons or
property that were actually harmed (e.g., to a class
including similarly situated persons or property) does not
qualify as restitution or included remediation of
property. Restitution and included remediation of property
is limited to the amount that bears a substantial
quantitative relationship to the harm caused by the past
conduct or actions of the taxpayer that resulted in the
payment in question. If the party harmed is a government
or other entity, then restitution and included remediation
of property includes payment to such harmed government or
entity, provided the payment bears a substantial
quantitative relationship to the harm. However,
restitution or included remediation of property does not
include reimbursement of government investigative or
litigation costs, or payments to whistleblowers.
It is intended that a payment will be treated as an amount
required to come into compliance only if it directly corrects
a violation with respect to a particular requirement of law
that was under investigation. For example, if the law
requires a particular emission standard to be met or
particular machinery to be used, amounts required to be paid
under a settlement agreement to meet the required standard or
install the machinery are deductible to the extent otherwise
allowed. Similarly, if the law requires certain practices and
procedures to be followed and a settlement agreement requires
the taxpayer to pay to establish such practices or
procedures, such amounts would be deductible. However,
amounts paid for other purposes not directly correcting a
violation of law are not deductible. For example, amounts
paid to bring other machinery that is already in compliance
up to a standard higher than required by the law, or to
create other benefits (such as a park or other action not
previously required by law), are not deductible if required
under a settlement agreement. Similarly, amounts paid to
educate consumers or customers about the risks of doing
business with the taxpayer or about the field in which the
taxpayer does business generally, which education efforts are
not specifically required under the law, are not deductible
if required under a settlement agreement.
The bill requires government agencies to report to the IRS
and to the taxpayer the amount of each settlement agreement
or order entered where the aggregate amount required to be
paid or incurred to or at the direction of the government
under such settlement agreements and orders with respect to
the violation, investigation, or inquiry is least $600 (or
such other amount as may be specified by the Secretary of the
Treasury as necessary to ensure the efficient administration
of the Internal Revenue laws). The reports must be made
within 30 days of entering the settlement agreement, or such
other time as may be required by Secretary. The report must
separately identify any amounts that are restitution or
remediation of property, or correction of noncompliance.
The IRS is encouraged in addition to require taxpayers to
identify separately on their tax returns the amounts of any
such settlements with respect to which reporting is required
under the bill, including separate identification of the
nondeductible amount and of any amount deductible as
restitution, remediation, or required to correct
noncompliance.
Amounts paid or incurred (whether by suit, agreement, or
otherwise) to, or at the direction of, any self-regulatory
entity that regulates a financial market or other market that
is a qualified board or exchange under section 1256(g)(7),
and that is authorized to impose sanctions (e.g., the
National Association of Securities Dealers) are likewise
subject to the provision if paid in relation to a violation,
or investigation or inquiry into a potential violation, of
any law (or any rule or other requirement of such entity). To
the extent provided in regulations, amounts paid or incurred
to, or at the direction of, any other nongovernmental entity
that exercises self-regulatory powers as part of performing
an essential governmental function are similarly subject to
the provision. The exception for payments that the taxpayer
establishes are paid or incurred for restitution, remediation
of property, or coming into compliance and that are
identified as such in the order or settlement agreement
likewise applies in these cases. The requirement of reporting
to the IRS and the taxpayer also applies in these cases.
No inference is intended as to the treatment of payments as
nondeductible fines or penalties under present law. In
particular, the bill is not intended to limit the scope of
present-law section 162(f) or the regulations thereunder.
Effective date
The bill is effective for amounts paid or incurred on or
after the date of enactment; however the bill does not apply
to amounts paid or incurred under any binding order or
agreement entered into before such date. Any order or
agreement requiring court approval is not a binding order or
agreement for this purpose unless such approval was obtained
before the date of enactment.
S. 1890
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 ``Government Settlement
Transparency Act of 2005''.
SEC. 2. DENIAL OF DEDUCTION FOR CERTAIN FINES, PENALTIES, AND
OTHER AMOUNTS.
(a) In General.--Subsection (f) of section 162 of the
Internal Revenue Code of 1986 (relating to trade or business
expenses) is amended to read as follows:
``(f) Fines, Penalties, and Other Amounts.--
``(1) In general.--Except as provided in paragraph (2), no
deduction otherwise allowable shall be allowed under this
chapter for any amount paid or incurred (whether by suit,
agreement, or otherwise) to, or at the direction of, a
government or entity described in paragraph (4) in relation
to the violation of any law or the investigation or inquiry
by such government or entity into the potential violation of
any law.
``(2) Exception for amounts constituting restitution or
paid to come into compliance with law.--Paragraph (1) shall
not apply to any amount which--
``(A) the taxpayer establishes--
``(i) constitutes restitution (including remediation of
property) for damage or harm caused by or which may be caused
by the violation of any law or the potential violation of any
law, or
``(ii) is paid to come into compliance with any law which
was violated or involved in the investigation or inquiry, and
``(B) is identified as restitution or as an amount paid to
come into compliance with the law, as the case may be, in the
court order or settlement agreement.
Identification pursuant to subparagraph (B) alone shall not
satisfy the requirement under subparagraph (A). This
paragraph shall not apply to any amount paid or incurred as
reimbursement to the government or entity for the costs of
any investigation or litigation.
``(3) Exception for amounts paid or incurred as the result
of certain court orders.--Paragraph (1) shall not apply to
any amount paid or incurred by order of a court in a suit in
which no government or entity described in paragraph (4) is a
party.
``(4) Certain nongovernmental regulatory entities.--An
entity is described in this paragraph if it is--
``(A) a nongovernmental entity which exercises self-
regulatory powers (including imposing sanctions) in
connection with a qualified board or exchange (as defined in
section 1256(g)(7)), or
``(B) to the extent provided in regulations, a
nongovernmental entity which exercises self-regulatory powers
(including imposing sanctions) as part of performing an
essential governmental function.
``(5) Exception for taxes due.--Paragraph (1) shall not
apply to any amount paid or incurred as taxes due.''.
(b) Reporting of Deductible Amounts.--
(1) In general.--Subpart B of part III of subchapter A of
chapter 61 of the Internal Revenue Code of 1986 is amended by
inserting after section 6050T the following new section:
``SEC. 6050U. INFORMATION WITH RESPECT TO CERTAIN FINES,
PENALTIES, AND OTHER AMOUNTS.
``(a) Requirement of Reporting.--
``(1) In general.--The appropriate official of any
government or entity which is described in section 162(f)(4)
which is involved in a suit or agreement described in
paragraph (2) shall make a return in such form as determined
by the Secretary setting forth--
``(A) the amount required to be paid as a result of the
suit or agreement to which paragraph (1) of section 162(f)
applies,
``(B) any amount required to be paid as a result of the
suit or agreement which constitutes restitution or
remediation of property, and
``(C) any amount required to be paid as a result of the
suit or agreement for the purpose of coming into compliance
with any law which was violated or involved in the
investigation or inquiry.
``(2) Suit or agreement described.--
``(A) In general.--A suit or agreement is described in this
paragraph if--
``(i) it is--
``(I) a suit with respect to a violation of any law over
which the government or entity has authority and with respect
to which there has been a court order, or
``(II) an agreement which is entered into with respect to a
violation of any law over which the government or entity has
authority, or with respect to an investigation or inquiry by
the government or entity into the potential violation of any
law over which such government or entity has authority, and
``(ii) the aggregate amount involved in all court orders
and agreements with respect to the violation, investigation,
or inquiry is $600 or more.
``(B) Adjustment of reporting threshold.--The Secretary may
adjust the $600 amount in subparagraph (A)(ii) as necessary
in order to ensure the efficient administration of the
internal revenue laws.
``(3) Time of filing.--The return required under this
subsection shall be filed not later than--
[[Page S11567]]
``(A) 30 days after the date on which a court order is
issued with respect to the suit or the date the agreement is
entered into, as the case may be, or
``(B) the date specified Secretary.
``(b) Statements to Be Furnished to Individuals Involved in
the Settlement.--Every person required to make a return under
subsection (a) shall furnish to each person who is a party to
the suit or agreement a written statement showing--
``(1) the name of the government or entity, and
``(2) the information supplied to the Secretary under
subsection (a)(1).
The written statement required under the preceding sentence
shall be furnished to the person at the same time the
government or entity provides the Secretary with the
information required under subsection (a).
``(c) Appropriate Official Defined.--For purposes of this
section, the term `appropriate official' means the officer or
employee having control of the suit, investigation, or
inquiry or the person appropriately designated for purposes
of this section.''.
(2) Conforming amendment.--The table of sections for
subpart B of part III of subchapter A of chapter 61 of the
Internal Revenue Code of 1986 is amended by inserting after
the item relating to section 6050T the following new item:
``Sec. 6050U. Information with respect to certain fines, penalties, and
other amounts.''.
(c) Effective Date.--The amendments made by this section
shall apply to amounts paid or incurred on or after the date
of the enactment of this Act, except that such amendments
shall not apply to amounts paid or incurred under any binding
order or agreement entered into before such date. Such
exception shall not apply to an order or agreement requiring
court approval unless the approval was obtained before such
date.
______
By Mr. McCAIN (for himself and Mr. Dorgan):
S. 1892. A bill to amend Public Law 107-153 to modify a certain date;
to the Committee on Indian Affairs.
Mr. McCAIN. Mr. President, today I am introducing a measure with
Senator Dorgan to amend P.L. 107-153, which deems that certain reports
prepared for the Department of the Interior relating to Indian tribal
trust accounts were received by the tribes no earlier than December 31,
1999. The intent of this law was to eliminate contentions that the
tribes received notice of potential claims against the United States
prior to that date for purposes of the statute of limitations. This
amendment changes the date set forth in P.L. 107-153 to December 31,
2005, in order to facilitate discussions and negotiations between the
Indian tribes and the United States regarding potential claims without
pressure on the tribes to file lawsuits out of concern that the statute
of limitations will run out on their claims. It is my understanding
that this measure has support both among the Indian tribes and the
administration.
______
By Mr. SANTORUM:
S. 1893. A bill to permit biomedical research corporations to engage
in certain financings and other transactions without incurring
limitations on net operating loss carryforwards and certain built-in
losses, and for other purposes; to the Committee on Finance.
Mr. SANTORUM. Mr. President, today I rise to introduce the
Biotechnology Future Investment Expansion Act of 2005.
Biotechnology has resulted in some of the most important innovations
of our time. Substantive research in agriculture, bioengineering, and
medicine have given Americans a better life. From the discovery of DNA
to the creation of synthetic insulin, biotechnology has improved the
standard of living and has saved many lives. It is important that we
encourage continued research to further advances in the biotech field.
The biotech industry is one of the most research-intensive industries
in the world. The industry spent $17.9 billion on research and
development in 2003 alone. The overwhelming majority of biotech
companies engaged in this research are not profitable in the early
years of development. Such companies may accumulate net operating
losses NOLs, without earning income, for a decade or more.
Unfortunately, a provision of the tax code, (Section 382), operates to
severely limit the utilization of NOLs by many such biotech companies.
Often, these limitations cause NOLs to expire before they can be used
by these companies.
This legislation will modify the application of Section 382 to the
biotech industry, with the goal of increasing that important sector's
ability to leverage capital into high-tech, high-risk cutting-edge
research. Specifically, the legislation will ensure that neither new
investment into biotech companies nor a business-driven merger of two
biotech loss companies will trigger the section 382 NOL limitation.
Neither of these changes runs counter to the long-standing tax policy
behind Section 382 of preventing corporations, from NOL trafficking.
My home State of Pennsylvania is a national leader in biotechnology
innovation, and the biosciences are a significant economic driver in
Pennsylvania's economy. Pennsylvania's support of the industry has made
it a policy leader for the biosciences. More than 125 biopharmaceutical
companies and 2,000 bioscience-related companies make Pennsylvania
their home. For example, Philadelphia's BioAdvance focuses on
bioinformatics, bio-pharmaceuticals and medical devices, and clinical
trials. The Pittsburgh Life Sciences Greenhouse focuses on drug
discovery tools, tissue and organ research, medical devices, and
therapeutic strategies for neuropsychiatric disorders. The Central
Pennsylvania Life Sciences Greenhouse is pursuing drug design and
delivery systems, biomedical devices, and bio-nanotechnology. These and
many other companies in Pennsylvania are developing ground-breaking
therapies, devices, diagnostics and vaccines for once untreatable
diseases and debilitating conditions, providing hope for millions of
patients.
Additionally, top-of-the-line bioscience research takes place in
Pennsylvania's academic institutions. Pennsylvania researchers garnered
$1.3 billion in funding through the I.-- National Institutes of Health
in 2003, making the Commonwealth fourth in the Nation. And the
University of Pennsylvania and the University of Pittsburgh are in the
top 10 nationally for NIH funding.
We must encourage continued research and the funding that supports
it. Biotech companies are pursuing high-risk research projects to find
cures for many deadly and debilitating diseases that afflict humanity.
From cancer to AIDS, and from Alzheimer's Disease to Parkinson'
Disease, the biotechnology industry will be in the center of finding
cures to these life-ending illnesses. My legislation offers a little
more support to an industry we depend upon. I encourage my colleagues
to join me in supporting this legislation and 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. 1893
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 ``Biotechnology Future
Investment Expansion Act of 2005''.
SEC. 2. RESTORING THE BENEFIT OF TAX INCENTIVES FOR
BIOMEDICAL RESEARCH AND CLINICAL TRIALS.
(a) In General.--Subsection (l) of section 382 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(9) Certain financing transactions of biomedical research
corporations.--
``(A) General rule.--In the case of a biomedical research
corporation, any owner shift involving a 5-percent
shareholder which occurs as the result of a qualified
investment or qualified transaction during the testing period
shall be treated for purposes of this section (other than
this paragraph) as occurring before the testing period.
``(B) Biomedical research corporation.--For purposes of
this paragraph, the term `biomedical research corporation'
means, with respect to any qualified investment, any domestic
corporation subject to tax under this subchapter which is not
in bankruptcy and which, as of the time of the closing on
such investment--
``(i) holds the rights to a drug or biologic for which an
investigational new drug application is in effect under
section 505 of the Federal Food, Drug, and Cosmetic Act, and
``(ii) certifies that, as of the time of such closing, the
drug or biologic is, or in the 3 month period before and
after such closing has been, under study pursuant to an
investigational use exemption under section 505(i) of the
Federal Food, Drug, and Cosmetic Act.
``(C) Qualified investment.--For purposes of this
paragraph, the term `qualified investment' means any
acquisition of stock by a shareholder (who after such
acquisition is a less than 50 percent shareholder) in a
biomedical research corporation if such stock is acquired at
its original issue (directly or through an underwriter)
solely in exchange for cash.
``(D) Qualified transaction.--For purposes of this
paragraph, the term `qualified transaction' means any
acquisition of stock in a biomedical research corporation if
such stock is acquired as part of a merger or acquisition by
another biomedical research corporation that is a loss
corporation. If the
[[Page S11568]]
acquiring loss corporation is a member of a controlled group
of corporations under section 1563(a), the group must be a
loss group.
``(E) Stock issued in exchange for convertible debt.--For
purposes of this paragraph, stock issued by a biomedical
research corporation in exchange for its convertible debt (or
stock deemed under this section to be so issued) shall be
treated as stock acquired by the debt holder at its original
issue and solely in exchange for cash if the debt holder
previously acquired the convertible debt at its original
issue and solely in exchange for cash. In the case of an
acquisition of stock in exchange for convertible debt, the
requirements of this paragraph shall be applied separately as
of the time of closing on the investment in convertible debt,
and as of the time of actual conversion (or deemed conversion
under this section) of the convertible debt for stock.
``(F) Biomedical research corporation must meet 3-year
expenditure and continuity of business tests with respect to
any qualified investment.--
``(i) In general.--This paragraph shall not apply to a
qualified investment or transaction in a biomedical research
corporation unless such corporation meets the expenditure
test for each year of the measuring period and the continuity
of business test.
``(ii) Measuring period.--For purposes of this
subparagraph, the term `measuring period' means, with respect
to any qualified investment or transaction, the taxable year
of the biomedical research corporation in which the closing
on the investment occurs, and the 2 preceding taxable years.
``(iii) Expenditure test.--A biomedical research
corporation meets the expenditure test of this subparagraph
for a taxable year if at least 35 percent of its expenditures
for the taxable year (including, for purposes of this clause,
payments in redemption of its stock) are expenditures
described in section 41(b) or clinical and preclinical
expenditures.
``(iv) Continuity of business test.--A biomedical research
corporation meets the continuity of business test if, at all
times during the 2-year period following a qualified
investment or transaction, such corporation continues the
business enterprise of such corporation.
``(G) Effect of corporate redemptions on qualified
investments.--Rules similar to the rules of section
1202(c)(3) shall apply to qualified investments under this
paragraph except that `stock acquired in a qualified
investment' shall be substituted for `qualified small
business stock' each place it appears therein.
``(H) Effect of other transactions between biomedical
research corporations and investors making qualified
investments.--
``(i) In general.--If, during the 2-year period beginning 1
year before any qualified investment, the biomedical research
corporation engages in another transaction with a member of
its qualified investment group and such biomedical research
corporation receives any consideration other than cash in
such transaction, there shall be a presumption that stock
received in the otherwise qualified investment transaction
was not received solely in exchange for cash.
``(ii) Qualified investment group.--For purposes of this
subparagraph, the term `qualified investment group' means,
with respect to any qualified investment, one or more persons
who receive stock issued in exchange for the qualified
investment, and any person related to such persons within the
meaning of section 267(b) or section 707(b).
``(iii) Regulations.--The Secretary shall promulgate
regulations exempting from this subparagraph transactions
which are customary in the bioscience research industry and
are of minor value relative to the amount of the qualified
investment.
``(I) Regulations.--The Secretary may issue such
regulations as may be appropriate to achieve the purposes of
this paragraph, to prevent abuse, and to provide for
treatment of biomedical research corporations under sections
383 and 384 that is consistent with the purposes of this
paragraph.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after the date of
enactment of this Act.
______
By Mr. ENSIGN (for himself, Mr. Inhofe, and Mr. DeMint):
S. 1895. A bill to return meaning to the fifth amendment by limiting
the power of eminent domain; to the Committee on Finance.
Mr. ENSIGN. Mr. President, I rise today on behalf of every person in
America who owns property and to speak on behalf of everyone working
toward the American dream of homeownership. That dream is being
threatened today, and that threat comes from our own government and
court system. Since the birth of our Nation, property ownership has
been a fundamental and guarded right. The Founding Fathers went to
great lengths to protect citizens from the heavy and greedy hand of
government. This is why the Bill of Rights includes the fifth
amendment's ``takings clause.''
Unfortunately, 200 years of upholding property rights was not enough
to protect some Americans from the excessive use of government power.
In Kelo v. City of New London, the U.S. Supreme Court ruled 5 to 4 that
economic development was a sufficient reason to take a person's
property. In this case, the city of New London, CT wanted to tear down
private homes and redevelop private property into an industrial
complex. It is important to understand that the city did not want to
tear down these homes because the neighborhood was blighted. The city
did not want to redevelop the property because the homes were being
used by drug dealers. The homeowners were middle-class families living
in a middle-class neighborhood. So why would the city want to redevelop
these properties? City officials believed this would create jobs and
increase the city's tax revenue. When the homeowners refused to sell to
the city, the city began condemnation proceedings. The homeowners sued
the city and argued that this ``taking'' violated their fifth amendment
rights.
The fifth amendment states that private property cannot be taken
except for a ``public use'' and only then if the owners are justly
compensated. The owners believed, as I do, that creating jobs and
increasing tax revenue is not a public use. The Supreme Court, despite
the plain meaning of the fifth amendment, ruled against the homeowners.
As bad as that is, it gets worse for these homeowners. The city of New
London is demanding that the homeowners, those who fought to protect
their fifth amendment rights, must now pay back rent. For the Kelo
family, that means $57,000 in rent owed to the city.
This cannot be what the Founding Fathers intended when they adopted
the Bill of Rights. The Kelo decision has highlighted a serious problem
with how government has taken more power at the expense of the people.
The Supreme Court's decision favors big corporations and persons with
political clout over homeowners and regular people.
Congress is partly to blame. Congress has created incentives for
government to redevelop property in a never-ending quest for more and
more tax dollars. New London, CT is the perfect example of these
incentives. To Americans, the Kelo decision means that no matter how
hard you work and no matter how hard you save, government can come in
and take it all away from you. No person's home will be safe if
Congress does not act to restore the fifth amendment. The property
owners who lost their homes as a result of the Kelo decision paid their
Federal taxes, paid their State taxes, and paid their local taxes. They
played by the rules. Ironically, it was these taxes that made it
possible for their government to steal their homes. As a result,
Congress must step in to limit the use of Federal dollars.
Just as our country's Founders sought to protect private property by
amending the Constitution, I feel Congress must act to protect those
rights. That is why I am introducing the Private Property Rights
Protection Act, legislation to protect and preserve the American dream.
This bill will curb government power and return it where it belongs, to
the people.
______
By Mr. CORZINE (for himself and Mr. Dodd):
S. 1897. 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 land, and to
designate certain Federal land as Ancient forests, roadless areas,
watershed protection areas, and special areas where logging and other
intrusive activities are prohibited; to the Committee on Energy and
Natural Resources.
Mr. CORZINE. Mr. President, today I am introducing the Act to Save
America's Forests. The purpose of this legislation is to protect our
national forests from needless clearcutting, safeguard our roadless
areas, and preserve the last remaining stands of ancient forests in
this country.
At one time there was approximately billions of acres of forest on
the land that is now the United States. Sadly, less than 10 percent of
the original unlogged forests of the United States remain, and in the
lower 48 States only 1 percent is in a form large enough to support all
the native plants and animals. The 1 percent left is under constant
threat, so we must act as soon as possible to keep us from losing these
precious forest lands forever.
Our national forests also are under attack from clearcutting. The
process
[[Page S11569]]
of clearcutting, or removing huge groups of trees at once, devastates
wildlife habitats, creates a blighted landscape, increases soil
erosion, and degrades water quality. Over a quarter-million acres of
our national forests were clearcut in the past decade alone. The
process of clearcutting annihilates vibrant, ecologically diverse
forests are usually replaced, if at all, with a single species tree
farm. This is irresponsible forest management that ignores ecology and
concentrates solely on flawed economics.
This bill utilizes a scientific approach to forest management. By
banning all logging operations in roadless areas, ancient forests, and
forests that have extraordinary biological, scenic, or recreational
values, this bill seeks to protect our Nation's most precious and
fragile ecosystems. In addition, this bill bans clearcutting in our
national forests except in specific cases where complete removal of
nonnative invasive tree species is ecologically necessary.
While the bill bans certain logging, it does not ban all logging in
our national forests. Instead, it allows a method of logging called
selection management, which cuts individual trees instead of the whole
forest, leaving a healthy, biologically diverse forest ecosystem. This
method reduces the devastation to the environment because it retains
natural forest structure and function, focuses on long-term rather than
short-term management, and allows new growth without completely
destroying old growth. It is also less disturbing to people who enjoy
the scenic beauty of our forests. Not only is selection management more
environmentally friendly, but it also can be sustainable and even
profitable, as demonstrated by a number of private forests around the
country.
This legislation emphasizes biodiversity and sustainable management,
allowing ecologically sound logging practices in some of our national
forestland and fully protecting the rest. I am proud to reintroduce
this legislation in the 109th Congress, which will be a major step in
the protection of America's forests. 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. 1897
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. Findings and purposes.
TITLE I--LAND MANAGEMENT
Sec. 101. Committee of scientists.
Sec. 102. Continuous forest inventory.
Sec. 103. Administration and management.
Sec. 104. Conforming amendments.
TITLE II--PROTECTION FOR ANCIENT FORESTS, ROADLESS AREAS, WATERSHED
PROTECTION AREAS, AND SPECIAL AREAS
Sec. 201. Findings.
Sec. 202. Definitions.
Sec. 203. Designation of special areas.
Sec. 204. Restrictions on management activities in Ancient forests,
roadless areas, watershed protection areas, and special
areas.
TITLE III--EFFECTIVE DATE
Sec. 301. Effective date.
Sec. 302. Effect on existing contracts.
Sec. 303. Wilderness Act exclusion.
TITLE IV--GIANT SEQUOIA NATIONAL MONUMENT
Sec. 401. Findings.
Sec. 402. Definitions.
Sec. 403. Additions to Giant Sequoia National Monument.
Sec. 404. Transfer of administrative jurisdiction over the Giant
Sequoia National Monument.
Sec. 405. Additions to the Sierra National Forest and Inyo National
Forest.
Sec. 406. Authorization of appropriations.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) Federal agencies that permit clearcutting and other
forms of even-age logging operations include the Forest
Service, the United States Fish and Wildlife Service, and the
Bureau of Land Management;
(2) clearcutting and other forms of even-age logging
operations cause substantial alterations in native
biodiversity by--
(A) emphasizing the production of a limited number of
commercial species, and often only a single species, of trees
on each site;
(B) manipulating the vegetation toward greater relative
density of the commercial species;
(C) suppressing competing species; and
(D) requiring the planting, on numerous sites, of a
commercial strain of the species that reduces the relative
diversity of other genetic strains of the species that were
traditionally located on the same sites;
(3) clearcutting and other forms of even-age logging
operations--
(A) frequently lead to the death of immobile species and
the very young of mobile species of wildlife; and
(B) deplete the habitat of deep-forest species of animals,
including endangered species and threatened species;
(4)(A) clearcutting and other forms of even-age logging
operations--
(i) expose the soil to direct sunlight and the impact of
precipitation;
(ii) disrupt the soil surface;
(iii) compact organic layers; and
(iv) disrupt the run-off restraining capabilities of roots
and low-lying vegetation, resulting in soil erosion, the
leaching of nutrients, a reduction in the biological content
of soil, and the impoverishment of soil; and
(B) all of the consequences described in subparagraph (A)
have a long-range deleterious effect on all land resources,
including timber production;
(5) clearcutting and other forms of even-age logging
operations aggravate global climate change by--
(A) decreasing the capability of the soil to retain carbon;
and
(B) during the critical periods of felling and site
preparation, reducing the capacity of the biomass to process
and to store carbon, with a resultant loss of stored carbon
to the atmosphere;
(6) clearcutting and other forms of even-age logging
operations render soil increasingly sensitive to acid
deposits by causing a decline of soil wood and coarse woody
debris;
(7) a decline of solid wood and coarse woody debris reduces
the capacity of soil to retain water and nutrients, which in
turn increases soil heat and impairs soil's ability to
maintain protective carbon compounds on the soil surface;
(8) clearcutting and other forms of even-age logging
operations result in--
(A) increased stream sedimentation and the silting of
stream bottoms;
(B) a decline in water quality;
(C) the impairment of life cycles and spawning processes of
aquatic life from benthic organisms to large fish; and
(D) as a result of the effects described in subparagraphs
(A) through (C), a depletion of the sport and commercial
fisheries of the United States;
(9) clearcutting and other forms of even-age management of
Federal forests disrupt natural disturbance regimes that are
critical to ecosystem function;
(10) clearcutting and other forms of even-age logging
operations increase harmful edge effects, including--
(A) blowdowns;
(B) invasions by weed species; and
(C) heavier losses to predators and competitors;
(11) by reducing the number of deep, canopied, variegated,
permanent forests, clearcutting and other forms of even-age
logging operations--
(A) limit areas where the public can satisfy an expanding
need for recreation; and
(B) decrease the recreational value of land;
(12) clearcutting and other forms of even-age logging
operations replace forests described in paragraph (11) with a
surplus of clearings that grow into relatively impenetrable
thickets of saplings, and then into monoculture tree
plantations;
(13) because of the harmful and, in many cases,
irreversible, damage to forest species and forest ecosystems
caused by logging of Ancient and roadless forests,
clearcutting, and other forms of even-age management, it is
important that these practices be halted based on the
precautionary principle;
(14) human beings depend on native biological resources,
including plants, animals, and micro-organisms--
(A) for food, medicine, shelter, and other important
products; and
(B) as a source of intellectual and scientific knowledge,
recreation, and aesthetic pleasure;
(15) alteration of native biodiversity has serious
consequences for human welfare, as the United States
irretrievably loses resources for research and agricultural,
medicinal, and industrial development;
(16) alteration of biodiversity in Federal forests
adversely affects the functions of ecosystems and critical
ecosystem processes that--
(A) moderate climate;
(B) govern nutrient cycles and soil conservation and
production;
(C) control pests and diseases; and
(D) degrade wastes and pollutants;
(17)(A) clearcutting and other forms of even-age management
operations have significant deleterious effects on native
biodiversity, by reducing habitat and food for cavity-nesting
birds and insectivores such as the 3-toed woodpecker and
hairy woodpecker and for neotropical migratory bird species;
and
(B) the reduction in habitat and food supply could disrupt
the lines of dependency among species and their food
resources and thereby jeopardize critical ecosystem function,
including limiting outbreaks of destructive insect
populations; for example--
(i) the 3-toed woodpecker requires clumped snags in spruce-
fir forests, and 99 percent of
[[Page S11570]]
its winter diet is composed of insects, primarily spruce
beetles; and
(ii) a 3-toed woodpecker can consume as much as 26 percent
of the brood of an endemic population of spruce bark beetle
and reduce brood survival of the population by 70 to 79
percent;
(18) the harm of clearcutting and other forms of even-age
logging operations on the natural resources of the United
States and the quality of life of the people of the United
States is substantial, severe, and avoidable;
(19) by substituting selection management, as required by
this Act, for clearcutting and other forms of even-age
logging operations, the Federal agencies involved with those
logging operations would substantially reduce devastation to
the environment and improve the quality of life of the people
of the United States;
(20) selection management--
(A) retains natural forest structure and function;
(B) focuses on long-term rather than short-term management;
(C) works with, rather than against, the checks and
balances inherent in natural processes; and
(D) permits the normal, natural processes in a forest to
allow the forest to go through the natural stages of
succession to develop a forest with old growth ecological
functions;
(21) by protecting native biodiversity, as required by this
Act, Federal agencies would maintain vital native ecosystems
and improve the quality of life of the people of the United
States;
(22) selection logging--
(A) is more job intensive, and therefore provides more
employment than clearcutting and other forms of even-age
logging operations to manage the same quantity of timber
production; and
(B) produces higher quality sawlogs than clearcutting and
other forms of even-age logging operations; and
(23) the judicial remedies 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.
(b) Purpose.--The purpose of this Act is to conserve native
biodiversity and protect all native ecosystems on all Federal
land against losses that result from--
(1) clearcutting and other forms of even-age logging
operations; and
(2) logging in Ancient forests, roadless areas, watershed
protection areas, and special areas.
TITLE I--LAND MANAGEMENT
SEC. 101. COMMITTEE OF SCIENTISTS.
Section 6 of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1604) is amended by striking
subsection (h) and inserting the following:
``(h) Committee of Scientists.--
``(1) In general.--To carry out subsection (g), the
Secretary shall appoint a committee composed of scientists--
``(A) who are not officers or employees of the Forest
Service, of any other public entity, or of any entity engaged
in whole or in part in the production of wood or wood
products;
``(B) not more than one-third of whom have contracted with
or represented any entity described in subparagraph (A)
during the 5-year period ending on the date of the proposed
appointment to the committee; and
``(C) not more than one-third of whom are foresters.
``(2) Qualifications of foresters.--A forester appointed to
the committee shall be an individual with--
``(A) extensive training in conservation biology; and
``(B) field experience in selection management.
``(3) Duties.--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 promote an effective interdisciplinary
approach to forestry and native biodiversity.
``(4) Termination.--The committee shall terminate on the
date that is 10 years after the date of enactment of the Act
to Save America's Forests.''
SEC. 102. CONTINUOUS FOREST INVENTORY.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, each of the Chief of the Forest
Service, the Director of the United States Fish and Wildlife
Service, and the Director of the Bureau of Land Management
(referred to individually as an ``agency head'') shall
prepare a continuous inventory of forest land administered by
those agency heads, respectively.
(b) Requirements.--A continuous forest inventory shall
constitute a long-term monitoring and inventory system that--
(1) is contiguous throughout affected Federal forest land;
and
(2) is based on a set of permanent plots that are
inventoried every 10 years to--
(A) assess the impacts that human activities are having on
management of the ecosystem;
(B) gauge--
(i) floristic and faunistic diversity, abundance, and
dominance; and
(ii) economic and social value; and
(C) monitor changes in the age, structure, and diversity of
species of trees and other vegetation.
(c) Decennial Inventories.--Each decennial inventory under
subsection (b)(2) shall be completed not more than 60 days
after the date on which the inventory is begun.
(d) National Academy of Sciences.--In preparing a
continuous forest inventory, an agency head may use the
services of the National Academy of Sciences to--
(1) develop a system for the continuous forest inventory by
which certain guilds or indicator species are measured; and
(2) identify any changes to the continuous forest inventory
that are necessary to ensure that the continuous forest
inventory is consistent with the most accurate scientific
methods.
(e) Whole-System Measures.--At the end of each forest
planning period, an agency head shall document whole-system
measures that will be taken as a result of a decennial
inventory.
(f) Public Availability.--Results of a continuous forest
inventory shall be made available to the public without
charge.
SEC. 103. ADMINISTRATION AND MANAGEMENT.
The Forest and Rangeland Renewable Resources Planning Act
of 1974 is amended by adding after section 6 (16 U.S.C. 1604)
the following:
``SEC. 6A. CONSERVATION OF NATIVE BIODIVERSITY; SELECTION
LOGGING; PROHIBITION OF CLEARCUTTING.
``(a) Applicability.--This section applies to the
administration and management of--
``(1) National Forest System land, under this Act;
``(2) Federal land, under the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.); and
``(3) National Wildlife Refuge System land, under the
National Wildlife Refuge System Administration Act of 1966
(16 U.S.C. 668dd et seq.).
``(b) Native Biodiversity in Forested Areas.--The Secretary
shall provide for the conservation or restoration of native
biodiversity in each stand and each watershed throughout each
forested area, except during the extraction stage of
authorized mineral development or during authorized
construction projects, in which cases the Secretary shall
conserve native biodiversity to the maximum extent
practicable.
``(c) Restriction on Use of Certain Logging Practices.--
``(1) Definitions.--In this subsection:
``(A) Age diversity.--The term `age diversity' means the
naturally occurring range and distribution of age classes
within a given species.
``(B) Basal area.--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.
``(C) Clearcutting.--The term `clearcutting' means an even-
age logging operation that removes all of the trees over a
considerable portion of a stand at 1 time.
``(D) Conservation.--The term `conservation' means
protective measures for maintaining 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
practicable in abundances and distributions that provide for
their continued existence and normal functioning, including
the viability of populations throughout their natural
geographic distributions.
``(E) Even-age logging operation.--
``(i) In general.--The term `even-age logging operation'
means a logging activity that--
``(I) creates a clearing or opening that exceeds \1/5\
acre;
``(II) creates a stand in which the majority of trees are
within 10 years of the same age; or
``(III) within a period of 30 years, cuts or removes more
than the lesser of--
``(aa) the growth of the basal area of all tree species
(not including a tree of a non-native invasive tree species
or an invasive plantation species) in a stand; or
``(bb) 20 percent of the basal area of a stand.
``(ii) Inclusion.--The term `even-age logging operation'
includes the application of clearcutting, high grading, seed-
tree cutting, shelterwood cutting, or any other logging
method in a manner inconsistent with selection management.
``(iii) Exclusion.--The term `even-age logging operation'
does not include the cutting or removal of--
``(I) a tree of a non-native invasive tree species; or
``(II) an invasive plantation species, if native longleaf
pine are planted in place of the removed invasive plantation
species.
``(F) Genetic diversity.--The term `genetic diversity'
means the differences in genetic composition within and among
populations of a species.
``(G) High grading.--The term `high grading' means the
removal of only the larger or more commercially valuable
trees in a stand, resulting in an alteration in the natural
range of age diversity or species diversity in the stand.
``(H) Invasive plantation species.--The term `invasive
plantation species' means a loblolly pine or slash pine that
was planted or managed by the Forest Service or any other
Federal agency as part of an even-aged monoculture tree
plantation.
``(I) Native biodiversity.--
``(i) In general.--The term `native biodiversity' means--
``(I) the full range of variety and variability within and
among living organisms; and
[[Page S11571]]
``(II) the ecological complexes in which the living
organisms would have occurred (including naturally occurring
disturbance regimes) in the absence of significant human
impact.
``(ii) Inclusions.--The term `native biodiversity' includes
diversity--
``(I) within a species (including genetic diversity,
species diversity, and age diversity);
``(II) within a community of species;
``(III) between communities of species;
``(IV) within a discrete area, such as a watershed;
``(V) along a vertical plane from ground to sky, including
application of the plane to all the other types of diversity;
and
``(VI) along the horizontal plane of the land surface,
including application of the plane to all the other types of
diversity.
``(J) Non-native invasive tree species.--
``(i) In general.--The term `non-native invasive tree
species' means a species of tree not native to North America.
``(ii) Inclusions.--The term `non-native invasive tree
species' includes--
``(I) Australian pine (Casaurina equisetifolia);
``(II) Brazilian pepper (Schinus terebinthifolius);
``(III) Common buckthorn (Rhamnus cathartica);
``(IV) Eucalyptus (Eucalyptus globulus);
``(V) Glossy buckthorn (Rhamnus frangula);
``(VI) Melaleuca (Melaleuca quinquenervia);
``(VII) Norway maple (Acer platanoides);
``(VIII) Princess tree (Paulownia tomentosa);
``(IX) Salt cedar (Tamarix species);
``(X) Silk tree (Albizia julibrissin);
``(XI) Strawberry guava (Psidium cattleianum);
``(XII) Tree-of-heaven (Ailanthus altissima);
``(XIII) Velvet tree (Miconia calvescens); and
``(XIV) White poplar (Populus alba).
``(K) Seed-tree cut.--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) Selection management.--
``(i) In general.--The term `selection management' means a
method of logging that emphasizes the periodic, individual
selection and removal of varying size and age classes of the
weaker, nondominant cull trees in a stand and leaves uncut
the stronger dominant trees to survive and reproduce, in a
manner that works with natural forest processes and--
``(I) ensures the maintenance of continuous high forest
cover where high forest cover naturally occurs;
``(II) ensures the maintenance or natural regeneration of
all native species in a stand;
``(III) ensures the growth and development of trees through
a range of diameter or age classes to provide a sustained
yield of forest products including clean water, rich soil,
and native plants and wildlife; and
``(IV) ensures that some dead trees, standing and downed,
shall be left in each stand where selection logging occurs,
to fulfill their necessary ecological functions in the forest
ecosystem, including providing elemental and organic
nutrients to the soil, water retention, and habitat for
endemic insect species that provide the primary food source
for predators (including various species of amphibians and
birds, such as cavity nesting woodpeckers).
``(ii) Exclusion.--
``(I) In general.--Subject to subclause (II), the term
`selection management' does not include an even-age logging
operation.
``(II) Felling age; native biodiversity.--Subclause (I)
does not--
``(aa) establish a 150-year projected felling age as the
standard at which individual trees in a stand are to be cut;
or
``(bb) limit native biodiversity to that which occurs
within the context of a 150-year projected felling age.
``(M) Shelterwood cut.--The term `shelterwood cut' means an
even-age logging operation that leaves--
``(i) a minority of the stand (larger than a seed-tree cut)
as a seed source; or
``(ii) a protection cover remaining standing for any period
of time.
``(N) Species diversity.--The term `species diversity'
means the richness and variety of native species in a
particular location.
``(O) Stand.--The term `stand' means a biological community
of trees on land described in subsection (a), comprised of
not more than 100 contiguous acres with sufficient identity
of 1 or more characteristics (including location, topography,
and dominant species) to be managed as a unit.
``(P) Timber purpose.--
``(i) In general.--The term `timber purpose' means the use,
sale, lease, or distribution of trees, including the felling
of trees or portions of trees.
``(ii) Exception.--The term `timber purpose' does not
include the felling of trees or portions of trees to create
land space for a Federal administrative structure.
``(Q) Within-community diversity.--The term `within-
community diversity' means the distinctive assemblages of
species and ecological processes that occur in various
physical settings of the biosphere and distinct locations.
``(2) Prohibition of clearcutting and other forms of even-
age logging operations.--No clearcutting or other form of
even-age logging operation shall be permitted in any stand or
watershed.
``(3) Management of native biodiversity.--On each stand on
which an even-age logging operation has been conducted on or
before the date of enactment of this section, and on each
deforested area managed for timber purposes on or before the
date of enactment of this section, excluding areas occupied
by existing buildings, the Secretary shall--
``(A) prescribe a shift to selection management; or
``(B) cease managing the stand for timber purposes, in
which case the Secretary shall--
``(i) undertake an active restoration of the native
biodiversity of the stand; or
``(ii) permit the stand to regain native biodiversity.
``(4) Enforcement.--
``(A) Finding.--Congress finds that all people of the
United States are injured by actions on land to which
subsection (g)(3)(B) and this subsection applies.
``(B) Purpose.--The purpose of this paragraph is to foster
the widest and most effective possible enforcement of
subsection (g)(3)(B) and this subsection.
``(C) Federal enforcement.--The Secretary of Agriculture,
the Secretary of the Interior, and the Attorney General shall
enforce subsection (g)(3)(B) and this subsection against any
person that violates 1 or more of those provisions.
``(D) Citizen suits.--
``(i) In general.--A citizen harmed by a violation of
subsection (g)(3)(B) or this subsection may bring a civil
action in United States district court for a declaratory
judgment, a temporary restraining order, an injunction,
statutory damages, or other remedy against any alleged
violator, including the United States.
``(ii) Judicial relief.--If a district court of the United
States determines that a violation of subsection (g)(3)(B) or
this subsection has occurred, the district court--
``(I) shall impose a damage award of not less than $5,000;
``(II) may issue 1 or more injunctions or other forms of
equitable relief; and
``(III) shall award to the plaintiffs reasonable costs of
bringing the action, including attorney's fees, witness fees,
and other necessary expenses.
``(iii) Standard of proof.--The standard of proof in all
actions under this subparagraph shall be the preponderance of
the evidence.
``(iv) Trial.--A trial for any action under this subsection
shall be de novo.
``(E) Payment of damages.--
``(i) Non-federal violator.--A damage award under
subparagraph (D)(ii) shall be paid to the Treasury by a non-
Federal violator or violators designated by the court.
``(ii) Federal violator.--
``(I) In general.--Not later than 40 days after the date on
which judgment is rendered, a damage award under subparagraph
(D)(ii) for which the United States is determined to be
liable shall be paid from the Treasury, as provided under
section 1304 of title 31, United States Code, to the person
or persons designated to receive the damage award.
``(II) Use of damage award.--A damage award described under
subclause (I) shall be used by the recipient to protect or
restore native biodiversity on Federal land or on land
adjoining Federal land.
``(III) Court costs.--Any award of costs of litigation and
any award of attorney fees shall be paid by a Federal
violator not later than 40 days after the date on which
judgment is rendered.
``(F) Waiver of sovereign immunity.--
``(i) In general.--The United States (including agents and
employees of the United States) waives its sovereign immunity
in all respects in all actions under subsection (g)(3)(B) and
this subsection.
``(ii) Notice.--No notice is required to enforce this
subsection.''.
SEC. 104. CONFORMING AMENDMENTS.
Section 6(g)(3) of the Forest and Rangeland Renewable
Resource Planning Act of 1974 (16 U.S.C. 1604(g)(3)) is
amended--
(1) in subparagraph (D), by inserting ``and'' after the
semicolon at the end;
(2) in subparagraph (E), by striking ``; and'' and
inserting a period; and
(3) by striking subparagraph (F).
TITLE II--PROTECTION FOR ANCIENT FORESTS, ROADLESS AREAS, WATERSHED
PROTECTION AREAS, AND SPECIAL AREAS
SEC. 201. FINDINGS.
Congress finds that--
(1) unfragmented forests on Federal land, unique and
valuable assets to the general public, are damaged by
extractive logging;
(2) less than 10 percent of the original unlogged forests
of the United States remain, and the vast majority of the
remnants of the original forests of the United States are
located on Federal land;
(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
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
[[Page S11572]]
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 land are carried
out at enormous financial costs to the Treasury and taxpayers
of the United States;
(8) 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) large unfragmented forests, contained in large part on
roadless areas on Federal land, are among the last refuges
for native animal and plant biodiversity, and are vital to
maintaining viable populations of threatened, endangered,
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 mortality 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 land are valuable to the public of the United States
and are damaged by extractive logging;
(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 land are
considered sacred sites by native peoples; and
(20) as a legacy for the enjoyment, knowledge, and well-
being of future generations, provisions must be made for the
protection and perpetuation of the Ancient forests, roadless
areas, watershed protection areas, and special areas of the
United States.
SEC. 202. DEFINITIONS.
In this title:
(1) Ancient forest.--The term ``Ancient forest'' means--
(A) the northwest Ancient forests, including--
(i) Federal land identified as late-successional reserves,
riparian reserves, and key watersheds under the heading
``Alternative 1'' of the report entitled ``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.'', and
dated February 1994; and
(ii) Federal land identified by the term ``medium and large
conifer multi-storied, canopied forests'' as defined in the
report described in clause (i);
(B) the eastside Cascade Ancient forests, including--
(i) Federal land identified as ``Late-Succession/Old-growth
Forest (LS/OG)'' depicted on maps for the Colville National
Forest, Fremont National Forest, Malheur National Forest,
Ochoco National Forest, Umatilla National Forest, Wallowa-
Whitman National Forest, and Winema National Forest in the
report 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 land east of the Cascade crest in the States
of Oregon and Washington, defined as ``late successional and
old-growth forests'' in the general definition on page 28 of
the report described in clause (i); and
(iii) Federal land classified as ``Oregon Aquatic Diversity
Areas'', as defined in the report described in clause (i);
and
(C) the Sierra Nevada Ancient forests, including--
(i) Federal land identified as ``Areas of Late-Successional
Emphasis (ALSE)'' in the report 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, Davis, 1996/97);
(ii) Federal land identified as ``Late-Succession/Old-
Growth Forests Rank 3, 4 or 5'' in the report described in
clause (i); and
(iii) Federal land identified as ``Potential Aquatic
Diversity Management Areas'' on the map on page 1497 of
Volume II of the report described in clause (i).
(2) Extractive logging.--The term ``extractive logging''
means the felling or removal of any trees from Federal forest
land for any purpose.
(3) Improved road.--The term ``improved road'' means any
road maintained for travel by standard passenger type
vehicles.
(4) Roadless area.--The term ``roadless area'' means a
contiguous parcel of Federal land that is--
(A) devoid of improved roads, except as provided in
subparagraph (B); and
(B) composed of--
(i) at least 1,000 acres west of the 100th meridian (with
up to \1/2\ mile of improved roads per 1,000 acres);
(ii) at least 1,000 acres east of the 100th meridian (with
up to \1/2\ mile of improved roads per 1,000 acres); or
(iii) less than 1,000 acres, but share a border that is not
an improved road with a wilderness area, primitive area, or
wilderness study area.
(5) Secretary.--The term ``Secretary'', with respect to any
Federal land in an Ancient forest, roadless area, watershed
protection area, or special area, means the head of the
Federal agency having jurisdiction over the Federal land.
(6) Special area.--The term ``special area'' means an area
of Federal forest land designated under section 3 that may
not meet the definition of an Ancient forest, roadless area,
or watershed protection area, but that--
(A) possesses outstanding biological, scenic, recreational,
or cultural values; and
(B) is exemplary on a regional, national, or international
level.
(7) Watershed protection area.--The term ``watershed
protection area'' means Federal land that extends--
(A) 300 feet from both sides of the active stream channel
of any permanently flowing stream or river;
(B) 100 feet from both sides of the active channel of any
intermittent, ephemeral, or seasonal stream, or any other
nonpermanently flowing drainage feature having a definable
channel and evidence of annual scour or deposition of flow-
related debris;
(C) 300 feet from the edge of the maximum level of any
natural lake or pond; or
(D) 150 feet from the edge of the maximum level of a
constructed lake, pond, or reservoir, or a natural or
constructed wetland.
SEC. 203. DESIGNATION OF SPECIAL AREAS.
(a) In General.--
(1) Finding.--A special area shall possess at least 1 of
the values described in paragraphs (2) through (5).
(2) Biological values.--The biological values of a special
area may include the presence of--
(A) threatened species or endangered species of plants or
animals;
(B) rare or endangered ecosystems;
(C) key habitats necessary for the recovery of endangered
species 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.
(3) Scenic values.--The scenic values of a special area may
include the presence of--
(A) unusual geological formations;
(B) designated wild and scenic rivers;
(C) unique biota; and
(D) vistas.
(4) Recreational values.--The recreational values of a
special area may include the presence of--
(A) designated national recreational trails or recreational
areas;
(B) areas that are popular for such recreation and sporting
activities as--
(i) hunting;
(ii) fishing;
(iii) camping;
(iv) hiking;
(v) aquatic recreation; and
(vi) winter recreation;
(C) Federal land in regions that are underserved in terms
of recreation;
(D) land adjacent to designated wilderness areas; and
(E) solitude.
(5) Cultural values.--The cultural values of a special area
may include the presence of--
(A) sites with Native American religious significance; and
(B) historic or prehistoric archaeological sites eligible
for listing on the national historic register.
(b) Size Variation.--A special area may vary in size to
encompass the outstanding biological, scenic, recreational,
or cultural value or values to be protected.
(c) Designation of Special Areas.--There are designated the
following special areas, which shall be subject to the
management restrictions specified in section 204:
(1) Alabama.--
(A) Sipsey wilderness headwaters.--Certain land in the
Bankhead National Forest, Bankhead Ranger District, in
Lawrence County, totaling approximately 22,000 acres, located
directly north and upstream of the Sipsey Wilderness, and
directly south of Forest Road 213.
[[Page S11573]]
(B) Brushy fork.--Certain land in the Bankhead National
Forest, Bankhead Ranger District, in Lawrence County,
totaling approximately 6,200 acres, bounded by Forest Roads
249, 254, and 246 and Alabama Highway 33.
(C) Rebecca mountain.--Certain land in the Talladega
National Forest, Talladega Ranger District, Talladega County
and Clay County, totaling approximately 9,000 acres,
comprised of all Talladega National Forest lands south of
Forest Roads 621 and 621 B, east of Alabama Highway 48/77 and
County Highway 308, and north of the power transmission line.
(D) Augusta mine ridge.--Certain land in the Talladega
National Forest, Shoal Creek Ranger District, Cherokee County
and Cleburn County, totaling approximately 6,000 acres, and
comprised of all Talladega National Forest land north of the
Chief Ladiga Rail Trail.
(E) Mayfield creek.--Certain land in the Talladega National
Forest, Oakmulgee Ranger District, in Rail County, totaling
approximately 4,000 acres, and bounded by Forest Roads 731,
723, 718, and 718A.
(F) Bear bay.--Certain land in the Conecuh National Forest,
Conecuh District, in Covington County, totaling approximately
3,000 acres, bounded by County Road 11, Forest Road 305,
County Road 3, and the County Road connecting County Roads 3
and 11.
(2) Alaska.--
(A) Turnagain arm.--Certain land in the Chugach National
Forest, on the Kenai Peninsula, totaling approximately
100,000 acres, extending from sea level to ridgetop
surrounding the inlet of Turnagain Arm, known as ``Turnagain
Arm''.
(B) Honker divide.--Certain land in the Tongass National
Forest, totaling 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 land
in the Kaibab National Forest that is included in the Grand
Canyon Game Preserve, totaling 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 land in the
Ouachita National Forest, Mena Ranger District, in Polk
County, totaling approximately 7,000 acres, known as ``Cow
Creek Drainage, Arkansas'', and bounded approximately--
(i) on the north, by County Road 95;
(ii) on the south, by County Road 157;
(iii) on the east, by County Road 48; and
(iv) on the west, by the Arkansas-Oklahoma border.
(B) Leader and brush mountains.--Certain land in the
Ouachita National Forest, Montgomery County and Polk County,
totaling approximately 120,000 acres, known as ``Leader
Mountain'' and ``Brush Mountain'', 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 land in the Ouachita National
Forest, Mena Ranger District, totaling 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 land in the
Ozark National Forest, Sylamore Ranger District, totaling
approximately 6,000 acres, including Forest Service land that
has not been designated as a wilderness area before the date
of enactment of this Act, located in the watershed of Big
Creek southwest of the Leatherwood Wilderness Area, Searcy
County and Marion County, and known as the ``Lower Buffalo
River Watershed''.
(E) Upper buffalo river watershed.--Certain land in the
Ozark National Forest, Buffalo Ranger District, totaling
approximately 220,000 acres, comprised of Forest Service that
has not been designated as a wilderness area before the date
of enactment of this Act, known as the ``Upper Buffalo River
Watershed'', located approximately 35 miles from the town of
Harrison, Madison County, Newton County, and Searcy County,
upstream of the confluence of the Buffalo River and Richland
Creek in the watersheds of--
(i) the Buffalo River;
(ii) the various streams comprising the Headwaters of the
Buffalo River;
(iii) Richland Creek;
(iv) Little Buffalo Headwaters;
(v) Edgmon Creek;
(vi) Big Creek; and
(vii) Cane Creek.
(5) Colorado: cochetopa hills.--Certain land in the
Gunnison Basin area, known as the ``Cochetopa Hills'',
administered by the Gunnison National Forest, Grand Mesa
National Forest, Uncompahgre National Forest, and Rio Grand
National Forest, totaling approximately 500,000 acres,
spanning the continental divide south and east of the city of
Gunnison, in Saguache County, and including--
(A) Elk Mountain and West Elk Mountain;
(B) the Grand Mesa;
(C) the Uncompahgre Plateau;
(D) the northern San Juan Mountains;
(E) the La Garitas Mountains; and
(F) the Cochetopa Hills.
(6) Georgia.--
(A) Armuchee cluster.--Certain land in the Chattahoochee
National Forest, Armuchee Ranger District, known as the
``Armuchee Cluster'', totaling approximately 19,700 acres,
comprised of 3 parcels known as ``Rocky Face'', ``Johns
Mountain'', and ``Hidden Creek'', located approximately 10
miles southwest of Dalton and 14 miles north of Rome, in
Whitfield County, Walker County, Chattooga County, Floyd
County, and Gordon County.
(B) Blue ridge corridor cluster, georgia areas.--Certain
land in the Chattahoochee National Forest, Chestatee Ranger
District, totaling approximately 15,000 acres, known as the
``Blue Ridge Corridor Cluster, Georgia Areas'', comprised of
5 parcels known as ``Horse Gap'', ``Hogback Mountain'',
``Blackwell Creek'', ``Little Cedar Mountain'', and ``Black
Mountain'', located approximately 15 to 20 miles north of the
town of Dahlonega, in Union County and Lumpkin County.
(C) Chattooga watershed cluster, georgia areas.--Certain
land in the Chattahoochee National Forest, Tallulah Ranger
District, totaling 63,500 acres, known as the ``Chattooga
Watershed Cluster, Georgia Areas'', comprised of 7 areas
known as ``Rabun Bald'', ``Three Forks'', ``Ellicott Rock
Extension'', ``Rock Gorge'', ``Big Shoals'', ``Thrift's
Ferry'', and ``Five Falls'', in Rabun County, near the towns
of Clayton, Georgia, and Dillard, South Carolina.
(D) Cohutta cluster.--Certain land in the Chattahoochee
National Forest, Cohutta Ranger District, totaling
approximately 28,000 acres, known as the ``Cohutta Cluster'',
comprised of 4 parcels known as ``Cohutta Extensions'',
``Grassy Mountain'', ``Emery Creek'', and ``Mountaintown'',
near the towns of Chatsworth and Ellijay, in Murray County,
Fannin County, and Gilmer County.
(E) Duncan ridge cluster.--Certain land in the
Chattahoochee National Forest, Brasstown and Toccoa Ranger
Districts, totaling approximately 17,000 acres, known as the
``Duncan Ridge Cluster'', comprised of the parcels known as
``Licklog Mountain'', ``Duncan Ridge'', ``Board Camp'', and
``Cooper Creek Scenic Area Extension'', approximately 10 to
15 miles south of the town of Blairsville, in Union County
and Fannin County.
(F) Ed jenkins national recreation area cluster.--Certain
land in the Chattahoochee National Forest, Toccoa and
Chestatee Ranger Districts, totaling approximately 19,300
acres, known as the ``Ed Jenkins National Recreation Area
Cluster'', comprised of the Springer Mountain, Mill Creek,
and Toonowee parcels, 30 miles north of the town of
Dahlonega, in Fannin County, Dawson County, and Lumpkin
County.
(G) Gainesville ridges cluster.--Certain land in the
Chattahoochee National Forest, Chattooga Ranger District,
totaling approximately 14,200 acres, known as the
``Gainesville Ridges Cluster'', comprised of 3 parcels known
as ``Panther Creek'', ``Tugaloo Uplands'', and ``Middle Fork
Broad River'', approximately 10 miles from the town of
Toccoa, in Habersham County and Stephens County.
(H) Northern blue ridge cluster, georgia areas.--Certain
land in the Chattahoochee National Forest, Brasstown and
Tallulah Ranger Districts, totaling approximately 46,000
acres, known as the ``Northern Blue Ridge Cluster, Georgia
Areas'', comprised of 8 areas known as ``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'', approximately 5 to 15 miles north of
Helen, 5 to 15 miles southeast of Hiawassee, north of
Clayton, and west of Dillard, in White County, Towns County,
and Rabun County.
(I) Rich mountain cluster.--Certain land in the
Chattahoochee National Forest, Toccoa Ranger District,
totaling approximately 9,500 acres, known as the ``Rich
Mountain Cluster'', comprised of the parcels known as ``Rich
Mountain Extension'' and ``Rocky Mountain'', located 10 to 15
miles northeast of the town of Ellijay, in Gilmer County and
Fannin County.
(J) Wilderness heartlands cluster, georgia areas.--Certain
land in the Chattahoochee National Forest, Chestatee,
Brasstown and Chattooga Ranger Districts, totaling
approximately 16,500 acres, known as the ``Wilderness
Heartlands Cluster, Georgia Areas'', comprised of 4 parcels
known as the ``Blood Mountain Extensions'', ``Raven Cliffs
Extensions'', ``Mark Trail Extensions'', and ``Brasstown
Extensions'', near the towns of Dahlonega, Cleveland, Helen,
and Blairsville, in Lumpkin County, Union County, White
County, and Towns County.
(7) Idaho.--
(A) Cove/mallard.--Certain land in the Nez Perce National
Forest, totaling approximately 94,000 acres, located
approximately 30 miles southwest of the town of Elk City, and
west of the town of Dixie, in the area generally known as
``Cove/Mallard''.
(B) Meadow creek.--Certain land in the Nez Perce National
Forest, totaling 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 land in the
Payette National Forest, totaling approximately 141,000
acres, located approximately 20 miles north of the town of
McCall
[[Page S11574]]
in the area generally known as ``French Creek/Patrick
Butte''.
(8) Illinois.--
(A) Cripps bend.--Certain land in the Shawnee National
Forest, totaling approximately 39 acres, located in Jackson
County in the Big Muddy River watershed, in the area
generally known as ``Cripps Bend''.
(B) Opportunity area 6.--Certain land in the Shawnee
National Forest, totaling 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 land in the Shawnee National
Forest, totaling approximately 490 acres, located in northern
Pope County in the Quarrel Creek watershed, in the area
generally known as ``Quarrel Creek''.
(9) Michigan: trap hills.--Certain land 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, in
Ontonagon County.
(10) Minnesota.--
(A) Trout lake and suomi hills.--Certain land in the
Chippewa National Forest, totaling approximately 12,000
acres, known as ``Trout Lake/Suomi Hills'' in Itasca County.
(B) Lullaby white pine reserve.--Certain land in the
Superior National Forest, Gunflint Ranger District, totaling
approximately 2,518 acres, in the South Brule Opportunity
Area, northwest of Grand Marais in Cook County, known as the
``Lullaby White Pine Reserve''.
(11) Missouri: eleven point-big springs area.--Certain land
in the Mark Twain National Forest, 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''.
(12) Montana: mount bushnell.--Certain land in the Lolo
National Forest, totaling approximately 41,000 acres, located
approximately 5 miles southwest of the town of Thompson Falls
in the area generally known as ``Mount Bushnell''.
(13) New mexico.--
(A) Angostura.--Certain land in the eastern half of the
Carson National Forest, Camino Real Ranger District, totaling
approximately 10,000 acres, located in Township 21, Ranges 12
and 13, known as ``Angostura'', and bounded--
(i) on the northeast, by Highway 518;
(ii) on the southeast, by the Angostura Creek watershed
boundary;
(iii) on the southern side, by Trail 19 and the Pecos
Wilderness; and
(iv) on the west, by the Agua Piedra Creek watershed.
(B) La manga.--Certain land in the western half of the
Carson National Forest, El Rito Ranger District, at the
Vallecitos Sustained Yield Unit, totaling approximately 5,400
acres, known as ``La Manga'', in Township 27, Range 6, and
bounded--
(i) on the north, by the Tierra Amarilla Land Grant;
(ii) on the south, by Canada Escondida;
(iii) on the west, by the Sustained Yield Unit boundary and
the Tierra Amarilla Land Grant; and
(iv) on the east, by the Rio Vallecitos.
(C) Elk mountain.--Certain land in the Santa Fe National
Forest, totaling approximately 7,220 acres, known as ``Elk
Mountain'' located in Townships 17 and 18 and Ranges 12 and
13, and bounded--
(i) on the north, by the Pecos Wilderness;
(ii) on the east, by the Cow Creek Watershed;
(iii) on the west, by the Cow Creek; and
(iv) on the south, by Rito de la Osha.
(D) Jemez highlands.--Certain land 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.
(14) North carolina.--
(A) Central nantahala cluster, north carolina areas.--
Certain land 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'', comprised of 9 parcels known as
``Tusquitee Bald'', ``Shooting Creek Bald'', ``Cheoah Bald'',
``Piercy Bald'', ``Wesser Bald'', ``Tellico Bald'', ``Split
White Oak'', ``Siler Bald'', and ``Southern Nantahala
Extensions'', near the towns of Murphy, Franklin, Bryson
City, Andrews, and Beechertown, in Cherokee County, Macon
County, Clay County, and Swain County.
(B) Chattooga watershed cluster, north carolina areas.--
Certain land in the Nantahala National Forest, Highlands
Ranger District, totaling approximately 8,000 acres, known as
the ``Chattooga Watershed Cluster, North Carolina Areas'',
comprised of the Overflow (Blue Valley) and Terrapin Mountain
parcels, 5 miles from the town of Highlands, in Macon County
and Jackson County.
(C) Tennessee border cluster, north carolina areas.--
Certain land in the Nantahala National Forest, Tusquitee and
Cheoah Ranger Districts, totaling approximately 28,000 acres,
known as the ``Tennessee Border Cluster, North Carolina
Areas'', comprised of the 4 parcels known as the ``Unicoi
Mountains'', ``Deaden Tree'', ``Snowbird'', and ``Joyce
Kilmer-Slickrock Extension'', near the towns of Murphy and
Robbinsville, in Cherokee County and Graham County.
(D) Bald mountains.--Certain land in the Pisgah National
Forest, French Broad Ranger District, totaling approximately
13,000 acres known as the ``Bald Mountains'', located 12
miles northeast of the town of Hot Springs, in Madison
County.
(E) Big ivy tract.--Certain land in the Pisgah National
Forest, totaling 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
land in the Pisgah National Forest, Toecane and Grandfather
Ranger Districts, totaling approximately 62,000 acres, known
as the ``Black Mountains Cluster, North Carolina Areas'',
comprised of 5 parcels known as ``Craggy Mountains'', ``Black
Mountains'', ``Jarrett Creek'', ``Mackey Mountain'', and
``Woods Mountain'', near the towns of Burnsville, Montreat
and Marion, in Buncombe County, Yancey County, and McDowell
County.
(G) Linville cluster.--Certain land in the Pisgah National
Forest, Grandfather District, totaling approximately 42,000
acres, known as the ``Linville Cluster'', comprised of 7
parcels known as ``Dobson Knob'', ``Linville Gorge
Extension'', ``Steels Creek'', ``Sugar Knob'', ``Harper
Creek'', ``Lost Cove'', and ``Upper Wilson Creek'', near the
towns of Marion, Morgantown, Spruce Pine, Linville, and
Blowing Rock, in Burke County, McDowell County, Avery County,
and Caldwell County.
(H) Nolichucky, north carolina area.--Certain land 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, in
Mitchell County and Yancey County.
(I) Pisgah cluster, north carolina areas.--Certain land in
the Pisgah National Forest, Pisgah Ranger District, totaling
approximately 52,000 acres, known as the ``Pisgah Cluster,
North Carolina Areas'', comprised of 5 parcels known as
``Shining Rock and Middle Prong Extensions'', ``Daniel
Ridge'', ``Cedar Rock Mountain'', ``South Mills River'', and
``Laurel Mountain'', 5 to 12 miles north of the town of
Brevard and southwest of the city of Asheville, in Haywood
County, Transylvania County, and Henderson County.
(J) Wildcat.--Certain land 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, in Haywood County.
(15) Ohio.--
(A) Archers fork complex.--Certain land in the Marietta
Unit of the Athens Ranger District, in the Wayne National
Forest, in Washington County, known as ``Archers Fork
Complex'', totaling approximately 18,350 acres, located
northeast of Newport and bounded--
(i) on the northwest, by State Highway 26;
(ii) on the northeast, by State Highway 260;
(iii) on the southeast, by the Ohio River; and
(iv) on the southwest, by Bear Run and Danas Creek.
(B) Bluegrass ridge.--Certain land in the Ironton Ranger
District on the Wayne National Forest, in Lawrence County,
known as ``Bluegrass Ridge'', totaling approximately 4,000
acres, located 3 miles east of Etna in Township 4 North,
Range 17 West, Sections 19 through 23 and 27 through 30.
(C) Buffalo creek.--Certain land in the Ironton Ranger
District of the Wayne National Forest, Lawrence County, Ohio,
known as ``Buffalo Creek'', totaling approximately 6500
acres, located 4 miles northwest of Waterloo in Township 5
North, Ranger 17 West, sections 3 through 10 and 15 through
18.
(D) Lake vesuvius.--Certain land in the Ironton Ranger
District of the Wayne National Forest, in Lawrence County,
totaling approximately 4,900 acres, generally known as ``Lake
Vesuvius'', located to the east of Etna in Township 2 North,
Range 18 West, and bounded--
(i) on the southwest, by State Highway 93; and
(ii) on the northwest, by State Highway 4.
(E) Morgan sisters.--Certain land in the Ironton Ranger
District of the Wayne National Forest, in Lawrence County,
known as ``Morgan Sisters'', totaling approximately 2,500
acres, located 1 mile east of Gallia and bounded by State
Highway 233 in Township 6 North, Range 17 West, sections 13,
14, 23 and 24 and Township 5 North, Range 16 West, sections
18 and 19.
(F) Utah ridge.--Certain land in the Athens Ranger District
of the Wayne National Forest, in Athens County, known as
``Utah Ridge'', totaling approximately 9,000 acres, located 1
mile northwest of Chauncey and bounded--
(i) on the southeast, by State Highway 682 and State
Highway 13;
(ii) on the southwest, by US Highway 33 and State Highway
216; and
(iii) on the north, by State Highway 665.
(G) Wildcat hollow.--Certain land in the Athens Ranger
District of the Wayne National Forest, in Perry County and
Morgan County, known as ``Wildcat Hollow'', totaling
approximately 4,500 acres, located 1 mile east of Corning in
Township 12 North, Range 14 West, sections 1, 2, 11-14, 23
and 24 and Township 8 North, Range 13 West, sections 7, 18,
and 19.
(16) Oklahoma: cow creek drainage, oklahoma.--Certain land
in the Ouachita National Forest, Mena Ranger District, in Le
Flore County, totaling approximately 3,000
[[Page S11575]]
acres, known as ``Cow Creek Drainage, Oklahoma'', and bounded
approximately--
(A) on the west, by the Beech Creek National Scenic Area;
(B) on the north, by State Highway 63;
(C) on the east, by the Arkansas-Oklahoma border; and
(D) on the south, by County Road 9038 on the south.
(17) Oregon: applegate wilderness.--Certain land in the
Siskiyou National Forest and Rogue River National Forest,
totaling approximately 20,000 acres, approximately 20 miles
southwest of the town of Grants Pass and 10 miles south of
the town of Williams, in the area generally known as the
``Applegate Wilderness''.
(18) Pennsylvania.--
(A) The bear creek special area.--Certain land in the
Allegheny National Forest, Marienville Ranger District, Elk
County, totaling approximately 7,800 acres, and comprised of
Allegheny National Forest land bounded--
(i) on the west, by Forest Service Road 136;
(ii) on the north, by Forest Service Roads 339 and 237;
(iii) on the east, by Forest Service Road 143; and
(iv) on the south, by Forest Service Road 135.
(B) The bogus rocks special area.--Certain land in the
Allegheny National Forest, Marienville Ranger District,
Forest County, totaling approximately 1,015 acres, and
comprised of Allegheny National Forest land in compartment
714 bounded--
(i) on the northeast and east, by State Route 948;
(ii) on the south, by State Route 66;
(iii) 0n the southwest and west, by Township Road 370;
(iv) on the northwest, by Forest Service Road 632; and
(v) on the north, by a pipeline.
(C) The chappel fork special area.--Certain land in the
Allegheny National Forest, Bradford Ranger District, McKean
County, totaling approximately 10,000 acres, and comprised of
Allegheny National Forest land bounded--
(i) on the south and southeast, by State Road 321;
(ii) on the south, by Chappel Bay;
(iii) on the west, by the Allegheny Reservoir;
(iv) on the north, by State Route 59; and
(v) on the east, by private land.
(D) The fools creek special area.--Certain land in the
Allegheny National Forest, Bradford Ranger District, Warren
County, totaling approximately 1,500 acres, and comprised of
Allegheny National Forest land south and west of Forest
Service Road 255 and west of FR 255A, bounded--
(i) on the west, by Minister Road; and
(ii) on the south, by private land.
(E) The hickory creek special area.--Certain land in the
Allegheny National Forest, Bradford Ranger District, Warren
County, totaling approximately 2,000 acres, and comprised of
Allegheny National Forest land bounded--
(i) on the east and northeast, by Heart's Content Road;
(ii) on the south, by Hickory Creek Wilderness Area;
(iii) on the northwest, by private land; and
(iv) on the north, by Allegheny Front National Recreation
Area.
(F) The lamentation run special area.--Certain land in the
Allegheny National Forest, Marienville Ranger District,
Forest County, totaling approximately 4,500 acres, and--
(i) comprised of Allegheny National Forest land bounded--
(I) on the north, by Tionesta Creek;
(II) on the east, by Salmon Creek;
(III) on the southeast and southwest, by private land; and
(IV) on the south, by Forest Service Road 210; and
(ii) including the lower reaches of Bear Creek.
(G) The lewis run special area.--Certain land in the
Allegheny National Forest, Bradford Ranger District, McKean
County, totaling approximately 500 acres, and comprised of
Allegheny National Forest land north and east of Forest
Service Road 312.3, including land known as the ``Lewis Run
Natural Area'' and consisting of land within Compartment 466,
Stands 1-3, 5-8, 10-14, and 18-27.
(H) The mill creek special area.--Certain land in the
Allegheny National Forest, Marienville Ranger District, Elk
County, totaling approximately 2,000 acres, and comprised of
Allegheny National Forest land within a 1-mile radius of the
confluence of Red Mill Run and Big Mill Creek and known as
the ``Mill Creek Natural Area''.
(I) The millstone creek special area.--Certain land in the
Allegheny National Forest, Marienville Ranger District,
Forest County, totaling approximately 30,000 acres, and
comprised of Allegheny National Forest land bounded--
(i) on the north, by State Route 66;
(ii) on the northeast, by Forest Service Road 226;
(iii) on the east, by Forest Service Roads 130, 774, and
228;
(iv) on the southeast, by State Road 3002 and Forest
Service Road 189;
(v) on the south, by the Clarion River; and
(vi) on the southwest, west, and northwest, by private
land.
(J) The minister creek special area.--Certain land in the
Allegheny National Forest, Bradford Ranger District, Warren
County, totalling approximately 6,600 acres, and comprised of
Allegheny National Forest land bounded--
(i) on the north, by a snowmobile trail;
(ii) on the east, by Minister Road;
(iii) on the south, by State Route 666 and private land;
(iv) on the southwest, by Forest Service Road 420; and
(v) on the west, by warrants 3109 and 3014.
(K) The muzette special area.--Certain land in the
Allegheny National Forest, Marienville Ranger District,
Forest County, totaling approximately 325 acres, and
comprised of Allegheny National Forest land bounded--
(i) on the west, by 7916' longitude, approximately;
(ii) on the north, by Forest Service Road 561;
(iii) on the east, by Forest Service Road 212; and
(iv) on the south, by private land.
(L) The sugar run special area.--Certain land in the
Allegheny National Forest, Bradford Ranger District, McKean
County, totaling approximately 8,800 acres, and comprised of
Allegheny National Forest land bounded--
(i) on the north, by State Route 346 and private land;
(ii) on the east, by Forest Service Road 137; and
(iii) on the south and west, by State Route 321.
(M) The tionesta special area.--Certain land in the
Allegheny National Forest, Bradford and Marienville Ranger
Districts, Elk, Forest, McKean, and Warren Counties,
totalling approximately 27,000 acres, and comprised of
Allegheny National Forest land bounded--
(i) on the west, by private land and State Route 948;
(ii) on the northwest, by Forest Service Road 258;
(iii) on the north, by Hoffman Farm Recreation Area and
Forest Service Road 486;
(iv) on the northeast, by private land and State Route 6;
(v) on the east, by private land south to Forest Road 133,
then by snowmobile trail from Forest Road 133 to Windy City,
then by private land and Forest Road 327 to Russell City; and
(vi) on the southwest, by State Routes 66 and 948.
(19) South carolina.--
(A) Big shoals, south carolina area.--Certain land in the
Sumter National Forest, Andrew Pickens Ranger District, in
Oconee County, totaling approximately 2,000 acres, known as
``Big Shoals, South Carolina Area'', 15 miles south of
Highlands, North Carolina.
(B) Brasstown creek, south carolina area.--Certain land in
the Sumter National Forest, Andrew Pickens Ranger District,
in Oconee County, totaling approximately 3,500 acres, known
as ``Brasstown Creek, South Carolina Area'', approximately 15
miles west of Westminster, South Carolina.
(C) Chauga.--Certain land in the Sumter National Forest,
Andrew Pickens Ranger District, in Oconee County, totaling
approximately 16,000 acres, known as ``Chauga'',
approximately 10 miles west of Walhalla, South Carolina.
(D) Dark bottoms.--Certain land in the Sumter National
Forest, Andrew Pickens Ranger District, in Oconee County,
totaling approximately 4,000 acres, known as ``Dark
Bottoms'', approximately 10 miles northwest of Westminster,
South Carolina.
(E) Ellicott rock extension, south carolina area.--Certain
land in the Sumter National Forest, Andrew Pickens Ranger
District, in Oconee County, totaling approximately 2,000
acres, known as ``Ellicott Rock Extension, South Carolina
Area'', located approximately 10 miles south of Cashiers,
North Carolina.
(F) Five falls, south carolina area.--Certain land in the
Sumter National Forest, Andrew Pickens Ranger District, in
Oconee County, totaling approximately 3,500 acres, known as
``Five Falls, South Carolina Area'', approximately 10 miles
southeast of Clayton, Georgia.
(G) Persimmon mountain.--Certain land in the Sumter
National Forest, Andrew Pickens Ranger District, in Oconee
County, totaling approximately 7,000 acres, known as
``Persimmon Mountain'', approximately 12 miles south of
Cashiers, North Carolina.
(H) Rock gorge, south carolina area.--Certain land in the
Sumter National Forest, Andrew Pickens Ranger District, in
Oconee County, totaling approximately 2,000 acres, known as
``Rock Gorge, South Carolina Area'', 12 miles southeast of
Highlands, North Carolina.
(I) Tamassee.--Certain land in the Sumter National Forest,
Andrew Pickens Ranger District, in Oconee County, totaling
approximately 5,500 acres, known as ``Tamassee'',
approximately 10 miles north of Walhalla, South Carolina.
(J) Thrift's ferry, south carolina area.--Certain land in
the Sumter National Forest, Andrew Pickens Ranger District,
in Oconee County, totaling approximately 5,000 acres, known
as ``Thrift's Ferry, South Carolina Area'', 10 miles east of
Clayton, Georgia.
(20) South dakota.--
(A) Black fox area.--Certain land in the Black Hills
National Forest, totaling approximately 12,400 acres, located
in the upper reaches of the Rapid Creek watershed, known as
the ``Black Fox Area'', and roughly bounded--
(i) on the north, by FDR 206;
(ii) on the south, by the steep slopes north of Forest Road
231; and
[[Page S11576]]
(iii) on the west, by a fork of Rapid Creek.
(B) Breakneck area.--Certain land in the Black Hills
National Forest, totaling 6,700 acres, located 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'', and generally--
(i) bounded by Forest Roads 139 and 169 on the north, west,
and south; and
(ii) demarcated along the eastern and western boundaries by
the ridge-crests dividing the watershed.
(C) Norbeck preserve.--Certain land in the Black Hills
National Forest, totaling approximately 27,766 acres, known
as the ``Norbeck Preserve'', and encompassed approximately by
a boundary that, starting at the southeast corner--
(i) runs north along FDR 753 and United States Highway Alt.
16, then along SD 244 to the junction of Palmer Creek Road,
which serves generally as a northwest limit;
(ii) heads south from the junction of Highways 87 and 89;
(iii) runs southeast along Highway 87; and
(iv) runs east back to FDR 753, excluding a corridor of
private land along FDR 345.
(D) Pilger mountain area.--Certain land in the Black Hills
National Forest, totaling approximately 12,600 acres, known
as the ``Pilger Mountain Area'', located in the Elk Mountains
on the southwest edge of the Black Hills, and roughly
bounded--
(i) on the east and northeast, by Forest Roads 318 and 319;
(ii) on the north and northwest, by Road 312; and
(iii) on the southwest, by private land.
(E) Stagebarn canyons.--Certain land in the Black Hills
National Forest, known as ``Stagebarn Canyons'', totaling
approximately 7,300 acres, approximately 10 miles west of
Rapid City, South Dakota.
(21) Tennessee.--
(A) Bald mountains cluster, tennessee areas.--Certain land
in the Nolichucky and Unaka Ranger Districts of the Cherokee
National Forest, in Cocke County, Green County, Washington
County, and Unicoi County, totaling approximately 46,133
acres, known as the ``Bald Mountains Cluster, Tennessee
Areas'', and comprised of 10 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'', located near
the towns of Newport, Hot Springs, Greeneville, and Erwin.
(B) Big frog/cohutta cluster.--Certain land in the Cherokee
National Forest, in Polk County, Ocoee Ranger District,
Hiwassee Ranger District, and Tennessee Ranger District,
totaling approximately 28,800 acres, known as the ``Big Frog/
Cohutta Cluster'', comprised of 4 parcels known as ``Big Frog
Extensions'', ``Little Frog Extensions'', ``Smith Mountain'',
and ``Rock Creek'', located near the towns of Copperhill,
Ducktown, Turtletown, and Benton.
(C) Citico creek watershed cluster tennessee areas.--
Certain land in the Tellico Ranger District of the Cherokee
National Forest, in Monroe County, totaling approximately
14,256 acres, known as the ``Citico Creek Watershed Cluster,
Tennessee Areas'', comprised of 4 parcels known as ``Flats
Mountain'', ``Miller Ridge'', ``Cowcamp Ridge'', and ``Joyce
Kilmer-Slickrock Extension'', near the town of Tellico
Plains.
(D) Iron mountains cluster.--Certain land in the Cherokee
National Forest, Watauga Ranger District, totaling
approximately 58,090 acres, known as the ``Iron Mountains
Cluster'', comprised of 8 parcels known as ``Big Laurel
Branch Addition'', ``Hickory Flat Branch'', ``Flint Mill'',
``Lower Iron Mountain'', ``Upper Iron Mountain'', ``London
Bridge'', ``Beaverdam Creek'', and ``Rodgers Ridge'', located
near the towns of Bristol and Elizabethton, in Sullivan
County and Johnson County.
(E) Northern unicoi mountains cluster.--Certain land in the
Tellico Ranger District of the Cherokee National Forest, in
Monroe County, totaling approximately 30,453 acres, known as
the ``Northern Unicoi Mountain Cluster'', comprised of 4
parcels known as ``Bald River Gorge Extension'', ``Upper Bald
River'', ``Sycamore Creek'', and ``Brushy Ridge'', near the
town of Tellico Plains.
(F) Roan mountain cluster.--Certain land in the Cherokee
National Forest, Unaka and Watauga Ranger Districts, totaling
approximately 23,725 acres known as the ``Roan Mountain
Cluster'', comprised of 7 parcels known as ``Strawberry
Mountain'', ``Highlands of Roan'', ``Ripshin Ridge'', ``Doe
River Gorge Scenic Area'', ``White Rocks Mountain'', ``Slide
Hollow'' and ``Watauga Reserve'', approximately 8 to 20 miles
south of the town of Elizabethton, in Unicoi County, Carter
County, and Johnson County.
(G) Southern unicoi mountains cluster.--Certain land in the
Hiwassee Ranger District of the Cherokee National Forest, in
Polk County, Monroe County, and McMinn County, totaling
approximately 11,251 acres, known as the ``Southern Unicoi
Mountains Cluster'', comprised of 3 parcels known as ``Gee
Creek Extension'', ``Coker Creek'', and ``Buck Bald'', near
the towns of Etowah, Benton, and Turtletown.
(H) Unaka mountains cluster, tennessee areas.--Certain land
in the Cherokee National Forest, Unaka Ranger District,
totaling approximately 15,669 acres, known as the ``Unaka
Mountains Cluster, Tennessee Areas'', comprised of 3 parcels
known as ``Nolichucky'', ``Unaka Mountain Extension'', and
``Stone Mountain'', approximately 8 miles from Erwin, in
Unicoi County and Carter County.
(22) Texas: longleaf ridge.--Certain land in the Angelina
National Forest, in Jasper County and Angelina County,
totaling approximately 30,000 acres, generally known as
``Longleaf Ridge'', and bounded--
(A) on the west, by Upland Island Wilderness Area;
(B) on the south, by the Neches River; and
(C) on the northeast, by Sam Rayburn Reservoir.
(23) Vermont.--
(A) Glastenbury area.--Certain land in the Green Mountain
National Forest, totaling approximately 35,000 acres, located
3 miles northeast of Bennington, generally known as the
``Glastenbury Area'', and bounded--
(i) on the north, by Kelly Stand Road;
(ii) on the east, by Forest Road 71;
(iii) on the south, by Route 9; and
(iv) on the west, by Route 7.
(B) Lamb brook.--Certain land in the Green Mountain
National Forest, totaling approximately 5,500 acres, located
3 miles southwest of Wilmington, generally known as ``Lamb
Brook'', and bounded--
(i) on the west, by Route 8;
(ii) on the south, by Route 100;
(iii) on the north, by Route 9; and
(iv) on the east, by land owned by New England Power
Company.
(C) Robert frost mountain area.--Certain land in the Green
Mountain National Forest, totaling approximately 8,500 acres,
known as ``Robert Frost Mountain Area'', located northeast of
Middlebury, consisting of the Forest Service land bounded--
(i) on the west, by Route 116;
(ii) on the north, by Bristol Notch Road;
(iii) on the east, by Lincoln/Ripton Road; and
(iv) on the south, by Route 125.
(24) Virginia.--
(A) Bear creek.--Certain land in the Jefferson National
Forest, Wythe Ranger District, known as ``Bear Creek'', north
of Rural Retreat, in Smyth County and Wythe County.
(B) Cave springs.--Certain land in the Jefferson National
Forest, Clinch Ranger District, totaling approximately 3,000
acres, known as ``Cave Springs'', between State Route 621 and
the North Fork of the Powell River, in Lee County.
(C) Dismal creek.--Certain land totaling approximately
6,000 acres, in the Jefferson National Forest, Blacksburg
Ranger District, known as ``Dismal Creek'', north of State
Route 42, in Giles County and Bland County.
(D) Stone coal creek.--Certain land in the Jefferson
National Forest, New Castle Ranger District, totaling
approximately 2,000 acres, known as ``Stone Coal Creek'', in
Craig County and Botentourt County.
(E) White oak ridge: terrapin mountain.--Certain land in
the Glenwood Ranger District of the Jefferson National
Forest, known as ``White Oak Ridge--Terrapin Mountain'',
totaling approximately 8,000 acres, east of the Blue Ridge
Parkway, in Botentourt County and Rockbridge County.
(F) Whitetop mountain.--Certain land in the Jefferson
National Forest, Mt. Rodgers Recreation Area, totaling 3,500
acres, known as ``Whitetop Mountain'', in Washington County,
Smyth County, and Grayson County.
(G) Wilson mountain.--Certain land known as ``Wilson
Mountain'', in the Jefferson National Forest, Glenwood Ranger
District, totaling approximately 5,100 acres, east of
Interstate 81, in Botentourt County and Rockbridge County.
(H) Feathercamp.--Certain land in the Mt. Rodgers
Recreation Area of the Jefferson National Forest, totaling
4,974 acres, known as ``Feathercamp'', located northeast of
the town of Damascus and north of State Route 58 on the
Feathercamp ridge, in Washington County.
(25) Wisconsin.--
(A) Flynn lake.--Certain land in the Chequamegon-Nicolet
National Forest, Washburn Ranger District, totaling
approximately 5,700 acres, known as ``Flynn Lake'', in the
Flynn Lake semi-primitive nonmotorized area, in Bayfield
County.
(B) Ghost lake cluster.--Certain land in the Chequamegon-
Nicolet National Forest, Great Divide Ranger District,
totaling approximately 6,000 acres, known as ``Ghost Lake
Cluster'', including 5 parcels known as ``Ghost Lake'',
``Perch Lake'', ``Lower Teal River'', ``Foo Lake'', and
``Bulldog Springs'', in Sawyer County.
(C) Lake owens cluster.--Certain land in the Chequamegon-
Nicolet National Forest, Great Divide and Washburn Ranger
Districts, totaling approximately 3,600 acres, known as
``Lake Owens Cluster'', comprised of parcels known as ``Lake
Owens'', ``Eighteenmile Creek'', ``Northeast Lake'', and
``Sugarbush Lake'', in Bayfield County.
(D) Medford cluster.--Certain land in the Chequamegon-
Nicolet National Forest, Medford-Park Falls Ranger District,
totaling approximately 23,000 acres, known as the ``Medford
Cluster'', comprised of 12 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'', in
Taylor County.
[[Page S11577]]
(E) Park falls cluster.--Certain land in the Chequamegon-
Nicolet National Forest, Medford-Park Falls Ranger District,
totaling approximately 23,000 acres, known as ``Park Falls
Cluster'', comprised of 11 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'', in
Price County and Vilas County.
(F) Penokee mountain cluster.--Certain land in the
Chequamegon-Nicolet National Forest, Great Divide Ranger
District, totaling approximately 23,000 acres, known as
``Penokee Mountain Cluster'', comprised of--
(i) the Marengo River and Brunsweiler River semi-primitive
nonmotorized areas; and
(ii) parcels known as ``St. Peters Dome'', ``Brunsweiler
River Gorge'', ``Lake Three'', ``Hell Hole Creek'', and
``North Country Trail Hardwoods'', in Ashland County and
Bayfield County.
(G) Southeast great divide cluster.--Certain land in the
Chequamegon-Nicolet National Forest, Medford Park Falls
Ranger District, totaling approximately 25,000 acres, known
as the ``Southeast Great Divide Cluster'', comprised of
parcels known as ``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 ``Noname Lake'', in
Ashland County and Sawyer County.
(H) Diamond roof cluster.--Certain land in the Chequamegon-
Nicolet National Forest, Lakewood-Laona Ranger District,
totaling approximately 6,000 acres, known as ``Diamond Roof
Cluster'', comprised of 4 parcels known as ``McCaslin
Creek'', ``Ada Lake'', ``Section 10 Lake'', and ``Diamond
Roof'', in Forest County, Langlade County, and Oconto County.
(I) Argonne forest cluster.--Certain land in the
Chequamegon-Nicolet National Forest, Eagle River-Florence
Ranger District, totaling approximately 12,000 acres, known
as ``Argonne Forest Cluster'', comprised of parcels known as
``Argonne Experimental Forest'', ``Scott Creek'', ``Atkins
Lake'', and ``Island Swamp'', in Forest County.
(J) Bonita grade.--Certain land in the Chequamegon-Nicolet
National Forest, Lakewood-Laona Ranger District, totaling
approximately 1,200 acres, known as ``Bonita Grade'',
comprised of parcels known as ``Mountain Lakes'', ``Temple
Lake'', ``Second South Branch'', ``First South Branch'', and
``South Branch Oconto River'', in Langlade County.
(K) Franklin and butternut lakes cluster.--Certain land in
the Chequamegon-Nicolet National Forest, Eagle River-Florence
Ranger District, totaling approximately 12,000 acres, known
as ``Franklin and Butternut Lakes Cluster'', comprised of 8
parcels known as ``Bose Lake Hemlocks'', ``Luna White Deer'',
``Echo Lake'', ``Franklin and Butternut Lakes'', ``Wolf
Lake'', ``Upper Ninemile'', ``Meadow'', and ``Bailey
Creeks'', in Forest County and Oneida County.
(L) Lauterman lake and kieper creek.--Certain land in the
Chequamegon-Nicolet National Forest, Eagle River-Florence
Ranger District, totaling approximately 2,500 acres, known as
``Lauterman Lake and Kieper Creek'', in Florence County.
(26) Wyoming: sand creek area.--
(A) In general.--Certain land in the Black Hills National
Forest, totaling approximately 8,300 acres known as the
``Sand Creek area'', located in Crook County, in the far
northwest corner of the Black Hills.
(B) Boundary.--Beginning in the northwest corner and
proceeding counterclockwise, the boundary for the Sand Creek
Area roughly follows--
(i) forest Roads 863, 866, 866.1B;
(ii) a line linking forest roads 866.1B and 802.1B;
(iii) forest road 802.1B;
(iv) forest road 802.1;
(v) an unnamed road;
(vi) Spotted Tail Creek (excluding all private land);
(vii) forest road 829.1;
(viii) a line connecting forest roads 829.1 and 864;
(ix) forest road 852.1; and
(x) a line connecting forest roads 852.1 and 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 entity
described in subparagraph (A) or (B) in a period beginning 5
years before the date on which the scientist is appointed to
the committee.
(2) Recommendations for additional special areas.--Not
later than 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 areas shall have outstanding biological
values that are exemplary on a local, regional, and national
level, including the presence of--
(A) 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;
(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. 204. RESTRICTIONS ON MANAGEMENT ACTIVITIES IN ANCIENT
FORESTS, ROADLESS AREAS, WATERSHED PROTECTION
AREAS, AND SPECIAL AREAS.
(a) Restriction of Management Activities in Ancient
Forests.--On Federal land located in Ancient forests--
(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.
(b) Restriction of Management Activities in Roadless
Areas.--On Federal land located in roadless areas (except
military installations)--
(1) no roads shall be constructed or reconstructed;
(2) no extractive logging shall be permitted except of non-
native invasive tree species, in which case the limitations
on logging in title I shall apply; and
(3) no improvements for the purpose of extractive logging
shall be permitted.
(c) Restriction of Management Activities in Watershed
Protection Areas.--On Federal land located in watershed
protection areas--
(1) no roads shall be constructed or reconstructed;
(2) no extractive logging shall be permitted except of non-
native invasive tree species, in which case the limitations
on logging in title I shall apply; and
(3) no improvements for the purpose of extractive logging
shall be permitted.
(d) Restriction of Management Activities in Special
Areas.--On Federal land located in special areas--
(1) no roads shall be constructed or reconstructed;
(2) no extractive logging shall be permitted except of non-
native invasive tree species, in which case the limitations
on logging in title I shall apply; and
(3) no improvements for the purpose of extractive logging
shall be permitted.
(e) Maintenance of Existing Roads.--
(1) In general.--Except as provided in paragraph (2), the
restrictions described in subsection (a) shall not prohibit
the maintenance of an improved road, or any road accessing
private inholdings.
(2) Abandoned roads.--Any road that the Secretary
determines to have been abandoned before the date of
enactment of this Act shall not be maintained or
reconstructed.
(f) Enforcement.--
(1) Finding.--Congress finds that all people of the United
States are injured by actions on land to which this section
applies.
(2) Purpose.--The purpose of this subsection is to foster
the widest possible enforcement of this section.
(3) Federal enforcement.--The Secretary and the Attorney
General of the United States shall enforce this section
against any person that violates this section.
(4) Citizen suits.--
(A) In general.--A citizen harmed by a violation of this
section may enforce this section by bringing a civil action
for a declaratory judgment, a temporary restraining order, an
injunction, statutory damages, or other remedy against any
alleged violator, including the United States, in any
district court of the United States.
(B) Judicial relief.--If a district court of the United
States determines that a violation of this section has
occurred, the district court--
(i) shall impose a damage award of not less than $5,000;
(ii) may issue 1 or more injunctions or other forms of
equitable relief; and
(iii) shall award to each prevailing party the reasonable
costs of bringing the action, including attorney's fees,
witness fees, and other necessary expenses.
(C) Standard of proof.--The standard of proof in all
actions under this paragraph shall be the preponderance of
the evidence.
(D) Trial.--A trial for any action under this section shall
be de novo.
(E) Payment of damages.--
(i) Non-federal violator.--A damage award under
subparagraph (B)(i) shall be paid by a non-Federal violator
or violators designated by the court to the Treasury.
(ii) Federal violator.--
(I) In general.--Not later than 40 days after the date on
which judgment is rendered, a damage award under subparagraph
(B)(i) for which the United States is determined to be liable
shall be paid from the Treasury, as provided under section
1304 of title 31, United States Code, to the person or
persons designated to receive the damage award.
(II) Use of damage award.--A damage award described under
subclause (I) shall be used by the recipient to protect or
restore native biodiversity on Federal land or on land
adjoining Federal land.
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(III) Court costs.--Any award of costs of litigation and
any award of attorney fees shall be paid by a Federal
violator not later than 40 days after the date on which
judgment is rendered.
(5) Waiver of sovereign immunity.--
(A) In general.--The United States (including agents and
employees of the United States) waives its sovereign immunity
in all respects in all actions under this section.
(B) Notice.--No notice is required to enforce this
subsection.
TITLE III--EFFECTIVE DATE
SEC. 301. EFFECTIVE DATE.
This Act and the amendments made by this Act take effect on
the date of enactment of this Act.
SEC. 302. EFFECT ON EXISTING CONTRACTS.
This Act and the amendments made by this Act shall not
apply to any contract for the sale of timber that was entered
into on or before the date of enactment of this Act.
SEC. 303. WILDERNESS ACT EXCLUSION.
This Act and the amendments made by this Act shall not
apply to any Federal wilderness area designated under the
Wilderness Act (16 U.S.C. 1131 et seq.).
TITLE IV--GIANT SEQUOIA NATIONAL MONUMENT
SEC. 401. FINDINGS.
Congress finds that--
(1) in accordance with the Act of June 8, 1906 (16 U.S.C.
431 et seq.), the Giant Sequoia National Monument was created
by presidential proclamation on April 15, 2000;
(2) the Proclamation accurately states the following: ``The
rich and varied landscape of the Giant Sequoia National
Monument holds a diverse array of scientific and historic
resources. Magnificent groves of towering giant sequoias, the
world's largest trees, are interspersed within a great belt
of coniferous forest, jeweled with mountain meadows. Bold
granitic domes and spires, and plunging gorges, texture the
landscape. The area's elevation climbs from about 2,500 to
9,700 feet over a distance of only a few miles, capturing an
extraordinary number of habitats within a relatively small
area. This spectrum of ecosystems is home to a diverse array
of plants and animals, many of which are rare or endemic to
the southern Sierra Nevada. The monument embraces limestone
caverns and holds unique paleological resources documenting
tens of thousands of years of ecosystem change. The monument
also has many archaeological sites recording Native American
occupation and adaptations to this complex landscape, and
historic remnants of early Euroamerican settlement as well as
the commercial exploitation of the giant sequoias. The
monument provides exemplary opportunities for biologists,
geologists, paleontologists, archaeologists, and historians
to study these objects.'' ;
(3) the various ecosystems cited as the basis for
establishment of the Monument--
(A) extend beyond the existing boundaries of the Monument;
and
(B) encompass the fragile and extremely diverse southern
Sierra Nevada bioregion and the overlapping Mohave ecosystem;
(4) to protect all the ecosystems and objects described in
the Proclamation, the boundaries of the Monument must be
extended to provide for watershed integrity, seasonal
wildlife migrations, and other benefits;
(5) even though the primary reason for establishing the
Monument was to rescue the area from the effects of road
building and severe logging implemented by the Forest
Service, the Proclamation left the Monument under the
jurisdiction of the Chief of the Forest Service;
(6) the Proclamation provides the following: ``No portion
of the Monument shall be considered to be suited for timber
production, and no part of the Monument shall be used in a
calculation or provision of a sustained yield of timber from
the Sequoia National Forest.'';
(7) the Proclamation provided that ``[t]hese forests [in
the Monument] need restoration to counteract the effects of a
century of fire suppression and logging'';
(8) throughout the history of the Forest Service, the
Forest Service has been focused on the logging of Federal
land for the purpose of selling timber;
(9) because of this emphasis on logging and for other
reasons, the National Park Service would be better able to
manage the Monument than the Forest Service;
(10) the National Park Service manages 73 national
monuments, many of which were originally under the
jurisdiction of the Forest Service and were later transferred
to the National Park System by an Act of Congress or by
Executive Order;
(11) national monuments were managed by different Federal
agencies, including the Department of Agriculture, until
1933, when President Franklin D. Roosevelt consolidated the
management of national monuments in the National Park Service
through Executive Order 6166 of June 10, 1933, and Executive
Order 6228 of July 28, 1933;
(12) in most cases, national monuments established by
presidential proclamation and assigned to the Forest Service
or other Federal agencies have been ultimately transferred to
the Secretary of the Interior, to be managed by the National
Park Service;
(13) in a number of cases, Congress has eventually
converted national monuments under the jurisdiction of the
National Park Service into national parks;
(14) national monuments that were converted into national
parks include the Grand Canyon National Park, Olympic
National Park, and Death Valley National Park;
(15) Congress has converted large areas of national forests
into some of the national parks and national monuments most
cherished by the people of the United States;
(16) prominent examples of conversions in the region of the
Monument are--
(A) Kings Canyon National Park, which was created out of
the Sierra National Forest and Sequoia National Forest in
1940;
(B) the major eastward extension doubling the size of
Sequoia National Park in 1926, with land for the addition
being taken from the Sequoia National Forest; and
(C) the Mineral King addition to the Sequoia National Park
in 1978, with land for the addition being taken from Sequoia
National Forest;
(17) the Monument has more acres of sequoia groves than are
contained in Sequoia, Kings Canyon, Yosemite, and Calaveras
Big Tree, which are the only national parks and State parks
in which sequoias occur;
(18) the largest tree in the world may still await
discovery in some remote area of the Monument;
(19) to save the ecological integrity of the Monument, it
is essential that the approximately 40,640 acres of land
between the Western Divide (commonly known as the ``Greenhorn
Mountains'') and the center line of the Kern River, south to
the boundary line between Tulare and Kern counties, be
included in the monument;
(20) Sequoia National Forest land, north of Sequoia
National Park, should be added to the Sierra National Forest,
which adjoins the Sierra National Forest on the north;
(21) for reasons of accessibility, economy, and general
efficiency of operation, the remaining Sequoia National
Forest territory south of Sequoia National Park belongs in
the Inyo National Forest, which already shares the Golden
Trout Wilderness with the Sequoia National Forest; and
(22) the overlapping jurisdiction with respect to the
Sequoia National Forest territory results in needlessly
wasteful management procedures.
SEC. 402. DEFINITIONS.
In this title:
(1) Advisory board.--The term ``Advisory Board'' means the
Giant Sequoia National Monument Advisory Board established
under section 404(d)(1).
(2) Management plan.--The term ``management plan'' means
the management plan for the Monument required by the
Proclamation.
(3) Monument.--The term ``Monument'' means the Giant
Sequoia National Monument established by the Proclamation.
(4) Proclamation.--The term ``Proclamation'' means the
Presidential Proclamation number 7295, dated April 15, 2000
(65 Fed. Reg. 24095).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
(6) Superintendent.--The term ``Superintendent'' means the
Superintendent of the Monument appointed under section
404(c).
SEC. 403. ADDITIONS TO GIANT SEQUOIA NATIONAL MONUMENT.
(a) In General.--There is added to the Monument--
(1) the approximately 40,640 acres of land between the
Western Divide (commonly known as the ``Greenhorn
Mountains'') and the center line of the Kern River, south to
the boundary line between Tulare and Kern counties; and
(2) the Jenny Lakes Wilderness.
(b) Boundary Revision.--The boundary of the Monument is
revised to reflect the addition of the land to the Monument
under subsection (a).
SEC. 404. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER THE
GIANT SEQUOIA NATIONAL MONUMENT.
(a) In General.--Administrative jurisdiction over the
Monument is transferred from the Secretary of Agriculture to
the Secretary.
(b) Applicable Law.--The Monument shall be administered in
accordance with the Proclamation, except that any
deliberations of the Chief of the Forest Service with respect
to management of the Monument shall be set aside.
(c) Superintendent.--The Secretary shall appoint a
Superintendent for the Monument to administer the Monument.
(d) Advisory Board.--
(1) In general.--The Superintendent shall establish an
advisory board, to be known as the ``Giant Sequoia National
Monument Advisory Board'', comprised of 9 members, to be
appointed by the Superintendent.
(2) Prohibition on federal government employment.--Members
of the Advisory Board shall not be employees of the Federal
Government.
(3) Terms.--
(A) In general.--A member of the Advisory Board shall serve
for a term of not more than 4 years.
(B) Intervals.--The Superintendent shall appoint members of
the Advisory Board in a manner that allows the terms of the
members to expire at staggered intervals.
(4) Duties.--The Advisory Board shall--
(A) assist in the preparation of the management plan; and
(B) provide recommendations with respect to the management
of the Monument.
(5) Procedures.--The Superintendent shall establish
procedures and standards for the Advisory Board.
[[Page S11579]]
(6) Open meetings.--Meetings of the Advisory Board shall be
open to the public.
(e) Headquarters.--The headquarters for the Monument shall
be located at the National Park Service facility at Three
Rivers, California, which is the headquarters of Sequoia
National Park and Kings Canyon National Park.
(f) Visitor Centers.--Visitors centers for the Monument
shall be located at--
(1) Grant Grove Visitor Center in Kings Canyon National
Park;
(2) Springville, the principal entrance to the west side of
the southern unit of the Monument; and
(3) Kernville.
SEC. 405. ADDITIONS TO THE SIERRA NATIONAL FOREST AND INYO
NATIONAL FOREST.
(a) Sierra National Forest.--
(1) In general.--The portion of the Sequoia National Forest
located north of Sequoia National Park that is not included
in the Monument is added to the Sierra National Forest.
(2) Boundary revision.--The boundary of the Sequoia
National Forest is adjusted to include the land added by
paragraph (1).
(b) Inyo National Forest.--
(1) In general.--The portion of the Sequoia National Forest
south of Sequoia National Park that is not included in the
Monument is added to the Inyo National Forest.
(2) Boundary revision.--The boundary of the Inyo National
Forest is adjusted to include the land added by paragraph
(1).
SEC. 406. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out sections 404 and 405.
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