[Senate Report 109-47]
[From the U.S. Government Publishing Office]



                                                        Calendar No. 66
109th Congress                                                   Report
                                 SENATE
 1st Session                                                     109-47

======================================================================



 
        NORTHERN CALIFORNIA COASTAL WILD HERITAGE WILDERNESS ACT

                                _______
                                

                 March 30, 2005.--Ordered to be printed

  Filed, under authority of the order of the Senate of March 17, 2005

   Mr. Domenici, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 128]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 128) to designate certain public land in 
Humboldt, Del Norte, Mendocino, Lake, and Napa Counties in the 
State of California as wilderness, to designate certain 
segments of the Black Butte River in Mendocino County, 
California as a wild or scenic river, and for other purposes, 
having considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                Purpose

    The purposes of S. 128 are to designate approximately 
300,000 acres of lands administered by the Forest Service and 
Bureau of Land Management in Humboldt, Del Norte, Mendocino, 
Lake, and Napa counties in northern California as wilderness; 
to release approximately 2,222 acres of lands from wilderness 
study status; to designate the 9,655-acre Elkhorn Ridge 
Potential Wilderness Area; to designate a 21-mile segment of 
the Black Butte River in northern California as a component of 
the Wild and Scenic Rivers System; and to modify the boundaries 
of the King Range National Conservation Area.

                          Background and Need

    S. 128 would designate over 300,000 acres of wilderness on 
lands in northern California. The areas designated as 
wilderness by this Act represent some of the most outstanding 
wild areas in the State, encompassing both National Forests and 
public lands administered by the Bureau of Land Management.
    Among the BLM areas designated as wilderness by S. 128 is 
over 42,000 acres within the King Range National Conservation 
Area. The King Range Wilderness includes the ``Lost Coast,'' 
the wildest portion of the California coast and the longest 
stretch of undeveloped coastline in the continental United 
States.
    The bill includes significant additions to four existing 
wilderness areas in the Mendocino and Six Rivers National 
Forests, the Snow Mountain, Yolla Bolly--Middle Eel, Siskiyou, 
and Trinity Alps wilderness as well as the creation of nine new 
wilderness areas. These areas offer spectacular vistas and 
diverse scenery. While the existing wilderness areas include 
higher elevation lands, many of the areas added by this bill 
include lower elevation areas featuring pine and fir forests, 
meadows, oak woodlands, and river canyons. The Trinity Alps 
additions shelter the third-largest swath of unprotected old-
growth in northern California.
    The designated wilderness areas also provide important 
wildlife and fish habitat, including many species of raptors, 
black bears, elk, and salmon. The Middle Fork Eel River, which 
flows through the Yuki Wilderness, supports up to one-half of 
California's remaining summer steelhead trout run and the Cedar 
Roughs Wilderness supports the last wild black bear population 
in Napa County. The wilderness areas designated by S. 128 are 
also popular recreational areas, and are heavily used for 
hunting, fishing, hiking and camping.

                          Legislative History

    S. 128 was introduced by Senators Boxer and Feinstein on 
January 24, 2005. Similar legislation, S. 738, was sponsored by 
Senators Boxer and Feinstein in the 108th Congress. The 
Subcommittee on Public Lands and Forests held a hearing on S. 
738 on July 21, 2004 (S. Hrg. 108-714). The Senate adopted an 
amendment to an unrelated bill, H.R. 620, that included a 
Northern California Wilderness title. The language included in 
the Senate amendment (S. Amdt. 4048) contained several 
modifications to the original S. 738 language, to address 
issues raised atthe subcommittee hearing. H.R. 620 passed the 
Senate, as amended, on December 7, 2004. The House of Representatives 
did not consider the amended version of H.R. 620 prior to the sine die 
adjournment of the 108th Congress.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on February 16, 2005, by a unanimous voice 
vote of a quorum present, recommends that the Senate pass S. 
128.

                      Section-by-Section Analysis

    Section 1 contains the short title.
    Section 2 defines the term ``Secretary'' to mean the 
Secretary of Agriculture with respect to wilderness areas on 
National Forest System lands or the Secretary of the Interior, 
for Bureau of Land Management-administered areas.
    Section 3 designates approximately 189,448 acres of lands 
on the Mendocino and Six Rivers National Forests and 
approximately 111,356 acres of lands administered by the Bureau 
of Land Management as components of the National Wilderness 
Preservation System.
    The areas to be designated include:
    (1) a 23,312-acre addition, in two areas, to the Snow 
Mountain Wilderness in the Mendocino National Forest;
    (2) the 10,571-acre Sanhedrin Wilderness in the Mendocino 
National Forest.
    (3) the 54,087-acre Yuki Wilderness in the Mendocino 
National Forest. The Yuki Wilderness consists of 36,185 acres 
of National Forest lands and 17,902 acres of Bureau of Land 
Management (BLM) administered lands.
    (4) a 25,806-acre addition to the Yolla Bolly--Middle Eel 
Wilderness in the Mendocino National Forest. The addition 
includes 734 acres of BLM lands.
    (5) the 6,494-acre Mad River Buttes Wilderness in the Six 
Rivers National Forest.
    (6) a 48,754 addition, in 5 areas, to the Siskiyou 
Wilderness in the Six Rivers National Forest.
    (7) the 7,279-acre Mount Lassic Wilderness in the Six 
Rivers National Forest.
    (8) a 28,805-acre addition, in 4 areas, to the Trinity Alps 
Wilderness in the Six Rivers National Forest.
    (9) the 2,977-acre Underwood Wilderness in the Six Rivers 
National Forest.
    (10) the 30,870-acre Cache Creek Wilderness, administered 
by the BLM.
    (11) the 6,350-acre Cedar Roughs Wilderness, administered 
by the BLM.
    (12) the 12,915-acre South Fork Eel River Wilderness, 
administered by the BLM.
    (13) the 42,585-acre King Range Wilderness, administered by 
the BLM and within the boundaries of the King Range National 
Conservation Area.
    (14) all Federally-owned rocks, islets, and islands located 
above mean high tide and within 3 miles off the coast of the 
King Range National Conservation Area.
    Section 4(a) directs the Secretary of Agriculture, for 
National Forest System lands, and the Secretary of the 
Interior, for BLM-administered lands, to administer the 
wilderness areas designated by this Act in accordance with the 
Wilderness Act, subject to valid existing rights.
    Many of the wilderness areas designated by this Act are 
enjoyed by hikers, people on horseback, hunters and fishermen. 
In addition, many visitors access these wilderness areas using 
commercial outfitters. Most of these outfitters use horses as 
pack animals. The Committee understands that the areas 
designated as wilderness by this Act are not heavily used by 
horses at this time, and consistent with the land managers' 
responsibilities to monitor visitor use and protect against 
resource damage from overuse, notes that the current level of 
horsepacking use in these areas is consistent with wilderness 
designation.
    At the Committee hearings on a similar bill during the 
108th Congress, the Forest Service provided the Committee with 
information on the need to develop a plan to restore the late 
successional reserve (LSR) of the Sanhedrin Wilderness. The 
Committee agrees that wilderness designation can be fully 
compatible with such restoration treatments.
    The Committee notes that this area has been altered by 
human influences, including the suppression of natural burning. 
As the Forest Service develops its plan in accordance with this 
Act and with the goal of LSR restoration, the Committee 
believes the Old Growth characteristics of the LSR are a 
primary value of the wilderness. The Committee expects that the 
Forest Service can achieve its goal of LSR restoration in 
accordance with this Act and the Forest Service's manual on 
wilderness management. Specifically, the relevant portion of 
the manual (FSM 2323.35a) states:
    ``Manipulation of Wildlife Habitat. The objective of all 
projects must be to perpetuate the wilderness resource; 
projects must be necessary to sustain a primary value of a 
given wilderness or to perpetuate a federally-listed threatened 
or endangered species. To qualify for approval by the Chief, 
habitat manipulation projects must satisfy the following 
criteria:
    ``1. The condition needing change is a result of abnormal 
human influence.
    ``2. The project can be accomplished with assurance with 
there will be no serious or lasting damage to wilderness 
values.
    ``3. There is reasonable assurance that the project will 
accomplish the desired objectives * * *.''
    Subsection (b) directs the Secretary to file a map and 
legal description of each area designated by this Act with the 
House and Senate authorizing committees as soon as practicable 
after the date of enactment. The subsection also gives the 
Secretary authority to correct technical errors in the maps and 
legal descriptions and requires that they be made available for 
public inspection.
    Subsection (c) provides that any land within the boundary 
of a wilderness area designated by this Act is acquired by the 
Federal Government, the land shall become part of that 
wilderness area and be administered in accordance with the 
Wilderness Act.
    Subsection (d) withdraws, subject to valid existing rights, 
the Federal land designated as wilderness from entry, 
appropriation, or disposal under the public land laws; from 
location, entry, and patent under the mining laws; and from 
disposition under all laws pertaining to mineral or geothermal 
leasing or mineral materials.
    Subsection (e) pertains to management activities necessary 
to prevent or control fire, insects or diseases within the 
wilderness areas designated by this Act. The subsection states 
that the Secretary may take such measures in the wilderness 
areas as are necessary for the control and prevention of fire, 
insects, and diseases in accordance with the Wilderness Act and 
the report of the House of Representatives Committee on 
Interior and Insular Affairs (now Committee on Resources) in 
the 98th Congress accompanying H.R. 1437, the California 
Wilderness Act of 1983 (H. Rept. 98-40). The Secretary is 
directed to review existing policies applicable to the 
wilderness areas designated by this Act within one year to 
ensure that authorized approval procedures for fire management 
measures allow a timely and efficient response to fire 
emergencies in the wilderness areas.
    The Committee notes that this Act provides the land 
management agencies with the necessary flexibility to conduct 
fire suppression activities to protect human life and property. 
For example, in the King Range Honeydew fire in 2003, which 
resulted in 14,000 acres of fire damage in the King Range 
National Conservation Area, the Bureau of Land Management 
authorized a fire truck and a 3-member crew to be stationed at 
the bottom of Telegraph Ridge, within a 4-mile range of the 
Franklin property in order to allow easy, quick access to the 
Franklin property in the event that fire suppression activities 
were warranted. As a result, firefighters were able to fend off 
the fire and prevent damage to the Franklin property. The 
Committee observes that nothing in this Act would prevent BLM 
from continuing this practice when so warranted by fire danger.
    Subsection (f) directs the Secretary to provide the owner 
of any private property within the boundaries of a wilderness 
area designated by this Act with adequate access to their 
property to ensure its reasonable use and enjoyment by the 
owner.
    The subsection clarifies that within the King Range 
Wilderness, the route depicted on the map as the access route 
for private landowners within wilderness shall also be 
available for invitees of the landowners, except that the 
Secretary is not required to provide access to the landowners 
or their invitees beyond the access that would be available if 
the wilderness had not been designated.
    The Committee notes that since the establishment of the 
King Range National Conservation Area, property owners Linda 
Franklin, Mary Smith Etter, and others have been granted access 
to their land within the conservation area by the Bureau of 
Land Management via the Smith-Etter Road. The Committee intends 
that nothing in this Act should in any way alter the access 
currently authorized to Franklin, Etter and others under 
existing policies.
    Subsection (g) clarifies that nothing in this Act prevents 
the installation and maintenance of hydrologic, meteorologic, 
or climatological instrumentation within the wilderness areas 
if the Secretary determines they are appropriate to further the 
scientific, educational, and conservation purposes of the 
wilderness areas.
    Subsection (h) contains language making clear that nothing 
in this Act precludes low-level overflights of military 
aircraft, the designation of new units of special airspace, or 
the use or establishment of military flight training routes 
over wilderness areas designated by this Act.
    Subsection (i) provides that livestock grazing and the 
maintenance of existing facilities within wilderness areas 
designated by this Act, where established before the date of 
enactment, shall be permitted to continue in accordance with 
section 4(d)(4) of the Wilderness Act and the grazing 
management guidelines printed in Appendix A of the report of 
the House of Representatives Committee on Interior and Insular 
Affairs (now Committee on Resources) in the 101st Congress 
accompanying H.R. 2570, the Arizona Desert Wilderness Act (H. 
Rept. 101-405).
    Subsection (j) states that nothing in this Act affects the 
jurisdiction of the State of California with respect to fish 
and wildlife on public land located in the State. The Committee 
notes that nothing in this Act alters the jurisdiction of the 
State of California over the management of wildlife in the 
areas designated as wilderness, including the issuance of 
hunting and fishing licenses.
    Subsection (k) directs the Secretary to ensure that Indian 
tribes have access to the wilderness areas designated by this 
Act for traditional cultural and religious purposes. The 
Secretary is authorized to temporarily close a portion of a 
wilderness area to the public to protect the privacy of tribal 
members during traditional cultural and religious activities. 
Access to a wilderness area for the purpose of this subsection 
shall be in accordance with the American Indian Religious 
Freedom Act and the Wilderness Act.
    Subsection (l) clarifies that nothing in this Act creates 
buffer zones around any wilderness area designated by this Act.
    Section 5 releases those portions of the King Range 
Wilderness Study Area, Chemise Mountain Instant Study Area, Red 
Mountain Wilderness Study Area, and Cedar Roughs Wilderness 
Study Area not designated as wilderness from further wilderness 
study status under section 603 of the Federal Land Policy and 
Management Act. The subsection also releases those portions of 
the Rocky Creek/Cache Creek Wilderness Study Area in Lake 
County, California not designated as wilderness. The combined 
acreage of the areas released totals approximately 2,222 acres.
    Section 6(a) establishes the 9,655-acre Elkhorn Ridge 
Potential Wilderness Area, administered by the Bureau of Land 
Management.
    Subsection (b) directs the Secretary to manage the area as 
wilderness, subject to valid existing rights, and except as 
provided in subsection (c), until it is designated as 
wilderness in accordance with subsection (d).
    Subsection (c) authorizes the Secretary to undertake 
ecological restoration activities in the potential wilderness 
area, including the elimination of non-native species, removal 
of certain roads, repair of skid tracks, and other activities 
necessary to restore the area's natural ecosystems. The 
Secretary is directed to use the minimum tool or administrative 
practice necessary to accomplish the restoration with the least 
amount of impact on the area's wilderness character and 
resources. However, while the area is designated as potential 
wilderness, the Secretary is authorized to use motorized 
equipment and mechanized transport in the area.
    Subsection (d) provides that the area shall be designated 
as the Elkhorn Ridge Wilderness upon a finding by the Secretary 
that the conditions in the area which are incompatible with 
wilderness have been removed or five years after the date of 
enactment of this Act, whichever is earlier.
    Section 7(a) designates a 21-mile segment of the Black 
Butte River as a component of the Wild and Scenic Rivers 
System. Two stretches of the river, totaling approximately 17.5 
miles, are designated as a ``wild'' river and a 3.5-mile 
portion is designated as a ``scenic'' river. The river is to be 
administered by the Secretary of Agriculture.
    Subsection (b) directs the Secretary to submit a report to 
Congress within 18 months after the date of enactment 
containing a fire management plan for the river and a report on 
the historical and cultural resources along the river corridor. 
The report is also to be transmitted to the Mendocino County 
Board of Supervisors.
    Section 8 amends the enabling legislation for the King 
Range National Conservation Area to include additional Bureau 
of Land Management-administered lands within the boundary of 
the conservation area. The boundary addition along the northern 
portion of the conservation area conforms with the boundary of 
the King Range Wilderness designated by this Act.

                   Cost and Budgetary Considerations

    The following estimate of the cost of this measure has been 
provided by the Congressional Budget Office:

S. 128--Northern California Coastal Wild Heritage Wilderness Act

    S. 128 would add approximately 300,000 acres of federal 
land located primarily in the Mendocino National Forest and the 
Six Rivers National Forest to the National Wilderness 
Preservation System. Subject to valid existing rights, each new 
area designated as wilderness would be withdrawn from programs 
to develop mineral or geothermal resources. The legislation 
also would allow five existing wilderness study areas to be 
released from consideration for wilderness status. In addition, 
S. 128 would designate the Elkhorn Ridge Potential Wilderness 
Area as wilderness after appropriate ecological restoration of 
the land.
    Based on information provided by the U.S. Forest Service 
and the Bureau of Land Management (BLM), CBO estimates that 
implementing S. 128 would cost $1 million over the next three 
years, subject to the availability of appropriated funds. This 
amount would be used by the agencies to restore damaged lands 
to be added to the wilderness system and to complete various 
studies and resource surveys required by the legislation. We 
estimate that additional planning and administrative costs to 
manage the new wilderness areas would be less than $500,000 
annually.
    By designating federal lands as wilderness areas (and thus 
unavailable for timber harvesting), enacting S. 128 would 
result in forgone offsetting receipts (a credit against direct 
spending). Based on information provided by the Forest Service 
and BLM, CBO estimates that enacting S. 128 would result in 
forgone offsetting receipts of less than $500,000 in any year, 
but totaling about $5 million over the 2006-2015 period. 
(Enacting the bill would not affect revenues.)
    S. 128 also would make other changes affecting public lands 
in northern California, including releasing certain land from 
consideration as potential wilderness and designating new areas 
for wilderness study, but CBO estimates that none of these 
changes would have any significant effect on the federal 
budget.
    S. 128 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act. 
Because this bill is expected to result in forgone federal 
timber receipts in California, it also would result in forgone 
receipts for that state. The federal government pays a portion 
of timber receipts to the state where those receipts are 
generated.
    The CBO staff contacts for this estimate are Deborah Reis 
and Matthew Pickford. The estimate was approved by Peter H. 
Fontaine, Deputy Assistant Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 128.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 128.

                        Executive Communications

    The Committee did not request Executive agency views on S. 
128. The Department of Agriculture and the Department of the 
Interior provided testimony on a similar measure, S. 738, at 
the Subcommittee hearing on July 21, 2004 (S. Hrg. 108-714):

 Statement of Chad Calvert, Assistant Secretary for Lands and Minerals 
                 Management, Department of the Interior

    S. 738 proposes to designate as wilderness nearly 120,000 
acres of BLM-managed lands in California's 1st Congressional 
District. Because wilderness boundaries do not follow 
Congressional District boundaries, this has resulted in a few 
awkward provisions in the legislation that we will point out. 
Overall, we support the designations, but recommend some 
changes to the management language which we hope the committee 
will consider.
    The areas proposed for designation include stunning 
landscapes, dramatic coastlines, and unique habitats. Taken 
together, these proposed wilderness areas include pristine 
Pacific Coast, steep inland canyons, rushing whitewater and 
mountainous terrain. The array of wildlife is incredibly 
diverse. Large mammals such as elk, sea lions, and black bear 
populate these areas. Various raptors including the endangered 
northern spotted owl, peregrine falcons and eagles nest here. 
Additionally, the areas provide significant habitat for 
steelhead, coho, and Chinook salmon, all listed endangered 
species. Recreational use is varied and scattered throughout 
the area including rafting, fishing, hiking, camping, and 
hunting, all of which will continue after designation.
    A brief description of each proposed wilderness designation 
is in order:
    King Range Wilderness--41,614 acres encompassing both the 
Chemise Mountain WSA and the King Range WSA would be designated 
wilderness. This area truly would be a crown jewel of the 
wilderness system. Its 26 miles of pristine and undeveloped 
coastline is the longest in the continental United States. 
Referred to as California's ``Lost Coast,'' this dramatic 
wilderness area is within the King Range National Conservation 
Area (NCA) established by Congress in 1970.
    Yuki Wilderness--51,790 acres are proposed for wilderness 
designation including approximately 17,200 acres of BLM-managed 
lands which include a steep, rugged river corridor. The larger 
acreage, approximately 35,000 acres, is managed by the Forest 
Service. We support the designation of the BLM acres (which 
encompass most of the Thatcher Ridge WSA) as a portion of the 
overall Yuki Wilderness.
    Yolla Bolly-Middle Eel Wilderness additions--expands the 
existing 153,000-acre Yolla Bolly--Middle Eel Wilderness Area 
by approximately 26,760 acres (the existing area includes over 
7,000 acres of BLM-managed lands). However, only 780 acres of 
the wilderness addition is BLM-managed land. We support the 
designation of these 780 acres as a part of the much larger 
Forest Service addition.
    Cache Creek Wilderness--the legislation cites 38,970 acres 
of BLM-managed lands for wilderness. However, if the bill's 
intention is only to designate lands within Congressional 
District 1, this designation may be reduced to approximately 
31,000 acres. Waters rushing through this area's steep canyons 
provide popular whitewater rafting venues while the surrounding 
oak woodlands are home to several herds of tule elk. We support 
this designation that falls within the Congressional District.
    Blue Ridge Wilderness--a small 760-acre area is proposed 
for designation by the bill. While it is our understanding that 
a larger 10,000-acre wilderness is envisioned in this area, 
only 760 acres of it is within Congressional District 1. We 
oppose designating such a small area as wilderness because it 
is too small to manage properly for wilderness values unless 
land in the adjacent district is included in the wilderness 
designation.
    Cedar Roughs Wilderness--5,880 acres of BLM WSA is 
designated as wilderness. We support this designation. The BLM 
has administratively designated this land as an Area of 
Critical Environmental Concern (ACEC) in recognition of its 
significant Sargent cypress stand and important black bear 
population.
    South Fork Eel Wilderness--14,000 acres to be designated 
encompassing the Red Mountain WSA. The area is home to a number 
of endangered species including the northern spotted owl and 
several salmon species as well as some unique and rare 
geological features. The designation is supported by the BLM.
    Elkhorn Ridge Potential Wilderness Area--8,000 acres of 
BLM-managed lands are proposed for a ``potential wilderness 
area.'' Under the terms of the legislation, the area would 
become wilderness within 5 years, or earlier, if determined by 
the Secretary of the Interior that appropriate ecological 
restoration had taken place. This area contains a portion of 
the Eel River headwaters and provides significant endangered 
species habitat. While such a designation is unique for the 
BLM, the National Park Service has experience with such 
designations and we think it is reasonable.
    For those areas in the bill not identified as WSAs, and for 
the areas in the bill that were determined by the BLM to be 
non-suitable for wilderness, we note that Congress has plenary 
authority over the disposition of public lands. Except as 
otherwise specified, if Congress ultimately approves the bill, 
we do not see any additional management impediments to their 
inclusion.
    We would like the opportunity to work with the sponsors and 
the Committee to perfect boundaries in a few cases, and release 
from WSA status those areas, primarily small bits and pieces of 
WSAs (our current estimate is around 2,200 acres), that are not 
designated wilderness by S. 738. Leaving those pieces 
unaddressed creates potential management problems.
    We would also like the opportunity to work with the 
sponsors and the Committee on the management language in the 
bill. Specifically, we recommend adding standard language on 
the management of newly-acquired lands within the wilderness 
area and a full withdrawal of the lands designated as 
wilderness. The Department strongly recommends the legislation 
be amended to clarify that the wilderness designation not 
constitute or be construed to constitute either an express or 
implied reservation of any water rights. Additional technical 
matters on maps should also be addressed.
    Thank you for the opportunity to testify on the sections of 
S. 738 which apply to BLM-managed lands. The resolution of 
these longstanding WSA questions is a priority for the 
Department and we welcome the opportunity to move this debate 
forward.
    I would be happy to answer any questions.
                                ------                                


    Statement of Mark Rey, National Forest System, Forest Service, 
                       Department of Agriculture


    s. 738--northern california coastal wild heritage wilderness act


    I will limit my remarks to the provisions of the bill 
related to lands managed by the U.S. Forest Service and will 
defer to the Department of the Interior on provisions relating 
to the Bureau of Land Management managed lands. S. 738 would 
designate certain public lands in Humboldt, Del Norte, 
Mendocino, Lake, Napa, and Yolo Counties in the State of 
California as wilderness and to designate certain segments of 
the Black Butte River in Mendocino County, California as a wild 
and scenic river. In furtherance of the purposes of the 
Wilderness Act (16 U.S.C. 1131 et seq.), this bill would 
designate as wilderness, 109,670 acres in the Mendocino 
National Forest and 85,040 acres in the Six Rivers National 
Forest in the State of California, as components of the 
National Wilderness Preservation System (NWPS) or as additions 
to existing components of the NWPS. S. 738 would also designate 
3 sections (21 miles) of the Black Butte River in California as 
part of the Wild and Scenic River system.
    The following briefly describes each of the proposed 
wilderness designations:
    Snow Mountain Wilderness (SNW) Area Addition (Mendocino 
NF)--20,960 acres of National Forest System lands would be 
designated as wilderness. As proposed, the Bear Creek and Deafy 
Glade Units would make good additions to the existing SNWA 
given their remoteness and opportunity for solitude. However, 
as proposed, the Skelton Glade Unit has several roads running 
through it which compromise wilderness attributes and hinder 
manageability. In addition designation would complicate and 
hinder habitat improvement for Tule Elk and hazardous fuel 
management in order to protect adjacent Refuge Late 
Successional Reserve. The Department is not opposed to the 
designation of the Bear Creek and Deafy Glade Units as 
additions to the SNW.
    Sanhedrin Wilderness Area--Proposed (Mendocino NF)--10,196 
acres of National Forest System lands would be designated as 
wilderness. As proposed designation would complicate and hinder 
habitat and risk management of the Sanhedrin Late Succesional 
Reserve. The Department does not support the designation as 
proposed.
    Yuki Wilderness Area--Proposed (Mendocino NF)--
approximately 35,000 acres of National Forest System lands 
would be designated as wilderness. The current Mendocino Forest 
Plan direction assigned management area prescriptions of Back 
Country and wilderness to this area. The Department is not 
opposed to the designation of the Yuki Wilderness Area as 
proposed.
    Yolla Bolly--Middle Eel Wilderness (YBMEW) Area Additions 
(Mendocino NF)--25,980 acres on National Forest System lands 
would be designated as wilderness. The Smokehouse Unit portion 
of the YEMEW addition contains important late successional 
habitat for connectivity from the Buttermilk Late Successional 
Reserve and the existing Yolla Bolly--Middle Eel Wilderness. In 
addition, the Smokehouse Unit has high scenic quality. The Eel 
River Unit portion of the YBMEW is proposed with extensive 
``cherry steming'' of roads on the west side of the Middle Fork 
Eel River which compromise wilderness attributes and 
manageability in the center of the unit. The area west of road 
24N21 has high scenic quality and the current Mendocino Forest 
Plan direction assigned a management area prescription of Back 
Country Area to a portion of the area. The Department is not 
opposed to the designation if boundary adjustments to the 
proposed YEMEW Area Additions could be made to avoid the road 
``cherry steming'' as described above.
    Mad River Buttes Wilderness Area--Proposed (Six-Rivers 
NF)--5,740 acres of National Forest System lands would be 
designated as wilderness. The Six Rivers Forest Plan management 
area prescription for the area is Late Successional Reserve and 
Adaptive Management. The area is bordered on 3 sides by private 
land which hinders manageability. The opportunity for solitude 
and primitive recreation is low due to the small size of the 
area. Most existing trails are on ridges which have little 
vegetative screening and allow view of adjacent cutover non-
federal land. The Department does not support designation as 
proposed.
    Siskiyou Wilderness Area Additions--Proposed (Six Rivers 
NF)--42,190 acres of National Forest System lands would be 
designated as wilderness. The Six Rivers Forest Plan management 
area prescription for the area is Late Successional Reserve and 
Matrix in the southern portion. The northern portion is within 
the Smith River National Recreation Upper South Fork management 
Area, where emphasis is on wild river and roadless backcountry 
recreation. The terrain is very steep and rugged with numerous 
important cultural sites found in the area. The naturalness of 
the area has been modified very little. The Department is not 
opposed to the designation if modifications of boundaries to 
better follow land features could be made to enhance 
manageability.
    Mt. Lassic Wilderness Area--Proposed (Six Rivers NF)--7,100 
acres of National Forest System lands would be designated as 
wilderness. The Six Rivers Forest Plan management area 
prescription for the area is Late Successional Reserve. The 
Forest Fire Plan identified this as a Resource Priority Fuel 
Treatment Area that showed high to very high susceptibility to 
stand replacing fire. This area is bisected by three major 
roads with moderate dispersed motorized recreation presently 
occurring. A state wide designated California Back Country 
motorized route traverses the area. The Department does not 
support the designation as proposed.
    Trinty Alps Wilderness Area Addition--Proposed (Six Rivers 
NF)--26,510 acres of National Forest System land would be 
designated as wilderness. The Six Rivers Forest Plan management 
area prescription for the area is Late Successional Reserve. 
The natural integrity of the Horse Linto, East Fork and Red Cap 
portions have all generally been maintained and offer an 
opportunity for solitude and remoteness. These areas burned 
during the Megram Fire. The Orleans Mountain portion of the 
area is not contiguous to the Trinity Alps Wilderness Area and 
is located approximately six miles southeast from the town of 
Orleans (a Community at Risk). The area has been altered by 
land management practices. The Department would not support the 
designation of the Orleans Mountain portion as an addition to 
the Trinity Alps Wilderness. The Department is not opposed to 
the Horse Linto, East Fork and Red Cap additions if boundary 
adjustment would be made to facilitate the removal of hazard 
trees where roads border the proposed wilderness.
    Underwood Wilderness Area--Proposed (Six Rivers NF)--3,500 
acres of National Forest System Lands would be designated as 
wilderness. The Six Rivers Forest Plan management area 
prescription for the area is Adaptive Management Area and is 
located adjacent to the 1.5 mile threat zone for a Community at 
Risk. Approximately one-third of the western portion of the 
area is currently managed under a wild river designation 
(Trinity River). The Department does not support the 
designation as proposed.
    The Black Butte River Wild and Scenic River Designation 
(Mendocino NF)--16.0 miles of the Black Butte River and 1.5 
miles of its tributary Cold Creek would be designated as a wild 
river. 3.5 miles of the Black Butte River would be designated 
as a scenic river. The 1995 Mendocino Forest Plan and Final 
Environmental Impact Statement found the Black Butte River 
eligible for designation and recommended 21.6 miles as wild and 
scenic river due to its outstanding cultural and fisheries 
habitat resources. The Department is not opposed to the 
designation as proposed.
    In addition, the Department would also like the opportunity 
to work with the bill sponsors, the committee, and the 
Department of the Interior on the submission of amendments 
dealing with fire management activities and fire use as the 
Forest Service already has developed protocols for delegating 
responses during a fire emergency.
    Section 102(o) and 210(d) would require the Secretary, upon 
request of an Indian tribe or Indian religious community, to 
temporarily close to the general public the use of portions of 
areas designated by the bill to protect the privacy of 
traditional cultural and religious activities in the area by 
members of the Indian Tribe or Indian religious community. We 
have several concerns with this provision. The provision 
removes the discretion of the Secretary to determine whether 
the requested closure is appropriate. The lack of discretion is 
inconsistent with the approach used in existing statutory 
authorizing temporary closure to certain federal lands, such as 
the Jemez National Recreation Area on the Santa Fe National 
Forest for exclusive use by Indian Tribes for traditional and 
cultural purposes. We believe a more effective approach will be 
included in forthcoming tribal authorities legislation that is 
proposed in the President's FY 2005 Budget. We will be sending 
this proposed legislation in the near future. In addition, we 
understand the Department of Justice would like to consult with 
the committee and bill sponsors regarding constitutional issues 
related to sections 102(o) and 210(d). We also would like to 
work with the committee, bill sponsors and the Department of 
Interior on amendments that address additional concerns we have 
with the above mentioned sections.
    Finally, the Department would also like the opportunity to 
work with the sponsors and the committee on the submission of 
amendments pertaining to Titles II and III in the bill which 
would require a fire management plan and report on the cultural 
and historical resources within the Black Butte River segments 
designated in the bill to insure these provisions are aligned 
with current policies and laws and are not duplicative. S. 
2334--Caribbean National Forest Act of 2004.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 128, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

                    Public Law 90-542, 90th Congress


AN ACT To provide for a National Wild and Scenic Rivers System, and for 
                             other purposes

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That (a) 
this Act may be cited as the ``Wild and Scenic Rivers Act''.

           *       *       *       *       *       *       *

    Sec. 3. (a) The following rivers and the land adjacent 
thereto are hereby designated as components of the national 
wild and scenic rivers system:
          (1) Clearwater, middle fork, idaho.--The Middle Fork 
        from the town of Kooskia upstream to the town of 
        Lowell; the Lochsa River from its junction with the 
        Selway at Lowell forming the Middle Fork, upstream to 
        the Powell Ranger Station; and the Selway river from 
        Lowell upstream to its origin; to be administered by 
        the Secretary of Agriculture.

           *       *       *       *       *       *       *

          (167) Black butte river, california.--The following 
        segments of the Black Butte River in the State of 
        California, to be administered by the Secretary of 
        Agriculture:
                  (A) The 16 miles of Black Butte River, from 
                the Mendocino County Line to its confluence 
                with Jumpoff Creek, as a wild river.
                  (B) The 3.5 miles of Black Butte River from 
                its confluence with Jumpoff Creek to its 
                confluence with Middle Eel River, as a scenic 
                river.
                  (C) The 1.5 miles of Cold Creek from the 
                Mendocino County Line to its confluence with 
                Black Butte River, as a wild river.
                                ------                                


                    Public Law 91-476, 91st Congress


  AN ACT To provide for the establishment of the King Range National 
              Conservation Area in the State of California

    Be it enacted by the Senate and the House of 
Representatives of the United States of America in Congress 
assembled, That the Secretary of the Interior (hereinafter 
referred to as the ``Secretary'') is hereby authorized and 
directed, after compliance with sections 3 and 4 of this Act, 
to establish, within the boundaries described in section 9 of 
this Act, the King Range National Conservation Area in the 
State of California (hereinafter referred to as the ``Area''), 
and to consolidate and manage the public lands in the Area with 
the purpose of conserving and developing, for the use and 
benefit of the people of the United States, the lands and other 
resources therein under a program of multiple usage and of 
sustained yield.

           *       *       *       *       *       *       *

    Sec. 9. (a) The survey and investigation area referred to 
in the first section of this Act is described as follows:

           *       *       *       *       *       *       *

    (d) In addition to the land described in subsections (a) 
and (c), the land identified as the King Range National 
Conservation Area Additions on the map entitled ``King Range 
Wilderness'' and dated November 12, 2004, is included in the 
Area.

                                  
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