[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 7916' 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.

[[Page S11578]]

       (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.

                          ____________________