II

106TH CONGRESS

1ST SESSION S. 1368

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, special areas, and Federal boundary areas where logging and

other intrusive activities are prohibited.

IN THE SENATE OF THE UNITED STATES

JULY 14, 1999

Mr. TORRICELLI (for himself, Mr. KERRY, and Mr. CLELAND) introduced the

following bill; which was read twice and referred to the Committee on Energy and Natural Resources

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, special areas, and Federal boundary areas where

logging and other intrusive activities are prohibited.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Act to Save America’s Forests’’.

4 (b) TABLE OF CONTENTS.—The table of contents of

5 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. Administration and management.

Sec. 103. Conforming amendments.

TITLE II—PROTECTION FOR ANCIENT FORESTS, ROADLESS

AREAS, WATERSHED PROTECTION AREAS, SPECIAL AREAS, AND

FEDERAL BOUNDARY 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, special areas, and Federal

boundary areas.

TITLE III—EFFECTIVE DATE

Sec. 301. In general.

Sec. 302. Effect on existing contracts.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Congress finds that—

8 (1) Federal agencies that engage in even-age

9 logging practices include the Forest Service, the

10 United States Fish and Wildlife Service, the Bureau

11 of Land Management, the Bureau of Indian Affairs,

12 and the Departments of the Army, Navy, and Air

13 Force;

14 (2) even-age logging causes substantial alter15 ations in native biodiversity by—
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1 (A) emphasizing the production of a lim2 ited number of commercial species, and often

3 only a single species, of trees on each site;

4 (B) manipulating the vegetation toward

5 greater relative density of the commercial spe6 cies;

7 (C) suppressing competing species; and

8 (D) requiring the planting, on numerous

9 sites, of a commercial strain of the species that

10 reduces the relative diversity of other genetic

11 strains of the species that were traditionally lo12 cated on the same sites;

13 (3) even-age logging—

14 (A) frequently leads to the death of immo15 bile species and the very young of mobile spe16 cies of wildlife; and

17 (B) depletes the habitat of deep-forest spe18 cies of animals, including endangered species

19 and threatened species;

20 (4) even-age logging—

21 (A) exposes the soil to direct sunlight and

22 the impact of precipitation;

23 (B) disrupts the soil surface;

24 (C) compacts organic layers; and
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1 (D) disrupts the run-off restraining capa2 bilities of roots and low-lying vegetation, result3 ing in soil erosion, the leaching of nutrients, a

4 reduction in the biological content of soil, and

5 the impoverishment of soil;

6 (5) all of the consequences described in para7 graph (4) have a long-range deleterious effect on all

8 land resources, including timber production;

9 (6) even-age logging aggravates global warming

10 by—

11 (A) decreasing the capability of the soil to

12 retain carbon; and

13 (B) during the critical periods of felling

14 and site preparation, reducing the capacity of

15 the biomass to process and to store carbon,

16 with a resultant loss of stored carbon to the at17 mosphere;

18 (7) even-age logging renders soil increasingly

19 sensitive to acid deposits by causing a decline of soil

20 wood and coarse woody debris;

21 (8) a decline of solid wood and coarse woody

22 debris reduces the capacity of soil to retain water

23 and nutrients, which in turn increases soil heat and

24 impairs soil’s ability to maintain protective carbon

25 compounds on the soil surface;
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1 (9) even-age logging results in—

2 (A) increased stream sedimentation and

3 the silting of stream bottoms;

4 (B) a decline in water quality;

5 (C) the impairment of life cycles and

6 spawning processes of aquatic life from benthic

7 organisms to large fish; and

8 (D) as a result of the effects described in

9 subparagraphs (A) through (C), a depletion of

10 the sport and commercial fisheries of the

11 United States;

12 (10) even-age logging increases harmful sec13 ondary effects, including blowdowns, invasions by

14 weed species, and heavier losses to predators and

15 competitors;

16 (11) by reducing the number of deep, canopied,

17 variegated, permanent forests, even-age logging—

18 (A) limits areas where the public can sat19 isfy an expanding need for recreation; and

20 (B) decreases the recreational value of

21 land;

22 (12) even-age logging replaces forests described

23 in paragraph (11) with a surplus of clearings that

24 grow into relatively impenetrable thickets of sap25 lings, and then into monoculture tree plantations;
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1 (13) human beings depend on native biological

2 resources, including plants, animals, and micro-orga3 nisms, for food, medicine, shelter, and other impor4 tant products, and as a source of intellectual and

5 scientific knowledge, recreation, and aesthetic pleas6 ure;

7 (14) alteration of native biodiversity has serious

8 consequences for human welfare, as demonstrated by

9 the irretrievable loss to the United States of re10 sources for research and agricultural, medicinal, and

11 industrial development;

12 (15) alteration of biodiversity in Federal forests

13 adversely affects the functions of ecosystems and

14 critical ecosystem processes that moderate climate,

15 govern nutrient cycles and soil conservation and pro16 duction, control pests and diseases, and degrade

17 wastes and pollutants;

18 (16) the negative impact of even-age logging on

19 the natural resources of the United States and the

20 quality of life of the people of the United States is

21 substantial, severe, and avoidable;

22 (17) by substituting selection management, as

23 prescribed in this Act, for the even-age system, the

24 Federal agencies with jurisdiction over even-age log25 ging would substantially reduce devastation to the
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1 environment and improve the quality of life of the

2 people of the United States;

3 (18) by protecting native biodiversity, as pre4 scribed in this Act, Federal agencies would maintain

5 vital native ecosystems and improve the quality of

6 life of the people of the United States;

7 (19) selection logging—

8 (A) is more job intensive, and therefore

9 provides more employment than even-age log10 ging to manage the same quantity of timber

11 production; and

12 (B) produces higher quality sawlogs than

13 even-age logging; and

14 (20) the court remedies available to enforce

15 Federal forest laws are inadequate, and should be

16 strengthened by providing for injunctions, declara17 tory judgments, statutory damages, and reasonable

18 costs of suit.

19 (b) PURPOSES.—The purposes of this Act are, on all

20 Federal land, to conserve native biodiversity and protect

21 all native ecosystems against losses that result from—

22 (1) clearcutting and other forms of even-age

23 logging; and
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1 (2) logging in ancient forests, roadless areas,

2 watershed protection areas, special areas, and Fed3 eral boundary areas.

4 TITLE I—LAND MANAGEMENT

5 SEC. 101. COMMITTEE OF SCIENTISTS.

6 Section 6 of the Forest and Rangeland Renewable

7 Resources Planning Act of 1974 (16 U.S.C. 1604) is

8 amended by striking subsection (h) and inserting the fol9 lowing:

10 ‘‘(h) COMMITTEE OF SCIENTISTS.—

11 ‘‘(1) IN GENERAL.—To carry out subsection

12 (g), the Secretary shall appoint a committee com13 posed of scientists that—

14 ‘‘(A) are not officers or employees of the

15 Forest Service, of any other public entity, or of

16 any entity engaged in whole or in part in the

17 production of wood or wood products; and

18 ‘‘(B) have not contracted with or rep19 resented any entity described in subparagraph

20 (A) during the 5-year period ending on the date

21 of the proposed appointment to the committee.

22 ‘‘(2) DUTIES.—The committee shall provide sci23 entific and technical advice and counsel on proposed

24 guidelines and procedures and all other issues involv25 ing forestry and native biodiversity to promote an ef-
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1 fective interdisciplinary approach to forestry and na2 tive biodiversity.

3 ‘‘(3) TERMINATION.—The committee shall ter4 minate on the date that is 10 years after the date

5 of enactment of the Act to Save America’s Forests.’’

6 SEC. 102. ADMINISTRATION AND MANAGEMENT.

7 The Forest and Rangeland Renewable Resources

8 Planning Act of 1974 is amended by adding after section

9 6 (16 U.S.C. 160l–8) the following:

10 ‘‘SEC. 6A. CONSERVATION OF NATIVE BIODIVERSITY.

11 ‘‘(a) APPLICABILITY.—This section applies to the ad12 ministration and management of—

13 ‘‘(1) National Forest System land, under this

14 Act;

15 ‘‘(2) Federal land, under the Federal Land Pol16 icy and Management Act of 1976 (43 U.S.C. 1701

17 et seq.);

18 ‘‘(3) National Wildlife Refuge System land,

19 under the National Wildlife Refuge System Adminis20 tration Act of 1966 (16 U.S.C. 668dd et seq.);

21 ‘‘(4) Indian land, under the National Indian

22 Forest Resources Management Act (25 U.S.C. 3101

23 et seq.); and

24 ‘‘(5) military land, under chapter 159 of title

25 10, United States Code.
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1 ‘‘(b) NATIVE BIODIVERSITY IN FORESTED AREAS.—

2 The Secretary shall provide for the conservation or res3 toration of native biodiversity in each stand and each wa4 tershed throughout each forested area, except during the

5 extraction stage of authorized mineral development or dur6 ing authorized construction projects, in which cases the

7 Secretary shall conserve native biodiversity to the max8 imum extent practicable.

9 ‘‘(c) RESTRICTION ON USE OF CERTAIN LOGGING

10 PRACTICES.—

11 ‘‘(1) DEFINITIONS.—In this subsection:

12 ‘‘(A) AGE DIVERSITY.—The term ‘age di13 versity’ means the naturally occurring range

14 and distribution of age classes within a given

15 species.

16 ‘‘(B) BASAL AREA.—The term ‘basal area’

17 means the area of the cross section of a tree

18 stem, including the bark, at 4.5 feet above the

19 ground.

20 ‘‘(C) CLEARCUTTING.—The term

21 ‘clearcutting’ means an even-age logging oper22 ation that removes all of the trees over a sub23 stantial portion of a stand at 1 time, as deter24 mined by the Secretary.
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1 ‘‘(D) CONSERVATION.—The term ‘con2 servation’ means protective measures for main3 taining native biodiversity and active and pas4 sive measures for restoring diversity through

5 management efforts, in order to protect, re6 store, and enhance as much of the variety of

7 species and communities as practicable in abun8 dances and distributions that provide for their

9 continued existence and normal functioning, in10 cluding the viability of populations throughout

11 their natural geographic distributions.

12 ‘‘(E) EVEN-AGE LOGGING OPERATION.—

13 ‘‘(i) IN GENERAL.—The term ‘even14 age logging operation’ means any logging

15 activity that—

16 ‘‘(I) creates a clearing or opening

17 that exceeds in width in any direction

18 the height of the tallest tree standing

19 within 10 feet outside the edge of the

20 clearing or opening;

21 ‘‘(II) creates a stand where the

22 majority of trees are within 10 years

23 of the same age; or
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1 ‘‘(III) cuts or removes more than

2 20 percent of the basal area of a

3 stand within 30 years.

4 ‘‘(ii) INCLUSION.—The term ‘even-age

5 logging operation’ includes the application

6 of clearcutting, seed-tree cutting,

7 shelterwood cutting, or any other logging

8 method in a manner inconsistent with se9 lection management.

10 ‘‘(F) GENETIC DIVERSITY.—The term ‘ge11 netic diversity’ means the differences in genetic

12 composition within and among populations of a

13 species.

14 ‘‘(G) NATIVE BIODIVERSITY.—

15 ‘‘(i) IN GENERAL.—The term ‘native

16 biodiversity’ means—

17 ‘‘(I) the full range of variety and

18 variability within and among living or19 ganisms; and

20 ‘‘(II) the ecological complexes in

21 which the living organisms would have

22 occurred in the absence of significant

23 human impact.

24 ‘‘(ii) INCLUSIONS.—The term ‘native

25 biodiversity’ includes diversity—
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1 ‘‘(I) within a species (including

2 genetic diversity, species diversity, and

3 age diversity);

4 ‘‘(II) within a community of spe5 cies;

6 ‘‘(III) between communities of

7 species;

8 ‘‘(IV) within a total area, such as

9 a watershed;

10 ‘‘(V) along a vertical plane from

11 ground to sky, including application of

12 the plant to all the other types of di13 versity; and

14 ‘‘(VI) along the horizontal plane

15 of the earth-surface, including appli16 cation of the plane to all the other

17 types of diversity.

18 ‘‘(H) SEED-TREE CUT.—The term ‘seed19 tree cut’ means an even-age logging operation

20 that leaves a small minority of seed trees in a

21 stand for any period of time.

22 ‘‘(I) SELECTION MANAGEMENT.—

23 ‘‘(i) IN GENERAL.—The term ‘selec24 tion management’ means—
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1 ‘‘(I) a method of logging that

2 emphasizes the periodic removal of

3 trees, including mature, undesirable,

4 and cull trees, in a manner that

5 ensures—

6 ‘‘(aa) the maintenance of

7 continuous high forest cover

8 where high forest cover naturally

9 occurs;

10 ‘‘(bb) the maintenance or

11 natural regeneration of all native

12 species in a stand; and

13 ‘‘(cc) the growth and devel14 opment of trees through a range

15 of diameter or age classes to pro16 vide a sustained yield of forest

17 products; and

18 ‘‘(II) cutting methods that de19 velop and maintain selection stands,

20 including—

21 ‘‘(aa) individual-tree selec22 tion, in which individual trees of

23 varying size and age classes are

24 selected and logged in a generally
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1 uniform pattern throughout a

2 stand; and

3 ‘‘(bb) group selection, in

4 which small groups of trees are

5 selected and logged.

6 ‘‘(ii) EXCLUSION.—

7 ‘‘(I) IN GENERAL.—Subject to

8 subclause (II), the term ‘selection

9 management’ does not include an

10 even-age logging operation.

11 ‘‘(II) FELLING AGE; NATIVE BIO12 DIVERSITY.—Subclause (I) does not—

13 ‘‘(aa) establish a 150-year

14 projected felling age as the

15 standard at which individual

16 trees in a stand are to be cut; or

17 ‘‘(bb) limit native biodiver18 sity to that which occurs within

19 the context of a 150-year pro20 jected felling age.

21 ‘‘(J) SHELTERWOOD CUT.—The term

22 ‘shelterwood cut’ means an even-age logging op23 eration that leaves—

24 ‘‘(i) a minority of the stand (larger

25 than a seed-tree cut) as a seed source; or
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1 ‘‘(ii) a protection cover remaining

2 standing for any period of time.

3 ‘‘(K) SPECIES DIVERSITY.—The term ‘spe4 cies diversity’ means the richness and variety of

5 native species in a particular location.

6 ‘‘(L) STAND.—The term ‘stand’ means a

7 biological community of not to exceed 100 acres

8 with enough identity by location, topography, or

9 dominant species to be managed as a unit.

10 ‘‘(M) TIMBER PURPOSES.—

11 ‘‘(i) IN GENERAL.—The term ‘timber

12 purposes’ means the use, sale, lease, or

13 distribution of trees, including the felling

14 of trees or portions of trees.

15 ‘‘(ii) EXCEPTION.—The term ‘timber

16 purposes’ does not include the felling of

17 trees of portions of trees to create land

18 space for a structure or other use.

19 ‘‘(N) WITHIN-COMMUNITY DIVERSITY.—

20 The term ‘within-community diversity’ means

21 the distinctive assemblages of species and eco22 logical processes that occur in different physical

23 settings of the biosphere and distinct locations.

24 ‘‘(2) PROHIBITION OF EVEN-AGE LOGGING OP25 ERATIONS.—Even-age logging operations shall be
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1 prohibited in each stand and watershed throughout

2 each forested area.

3 ‘‘(3) NATIVE BIODIVERSITY.—On each stand on

4 which an even-age logging operation has been con5 ducted on or before the date of enactment of this

6 subsection, the Secretary shall—

7 ‘‘(A) prescribe a shift to selection manage8 ment; or

9 ‘‘(B) cease managing the stand for timber

10 purposes, in which case the Secretary shall—

11 ‘‘(i) undertake an active restoration of

12 the native biodiversity of the stand; or

13 ‘‘(ii) permit the stand to regain native

14 biodiversity.

15 ‘‘(4) ENFORCEMENT.—

16 ‘‘(A) FEDERAL ENFORCEMENT.—The Sec17 retary of Agriculture and the Attorney General

18 shall enforce the provisions of subsection

19 (g)(3)(B) and this subsection against any per20 son that violates 1 or more of the provisions.

21 ‘‘(B) CITIZEN SUITS.—

22 ‘‘(i) IN GENERAL.—A citizen harmed

23 by a violation of subsection (g)(3)(B) or

24 this subsection may bring an action for a

25 declaratory judgment, a temporary re-
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1 straining order, an injunction, statutory

2 damages, or other remedy against any al3 leged violator, including the United States,

4 in any district court of the United States.

5 ‘‘(ii) JUDICIAL RELIEF.—If a district

6 court of the United States determines that

7 a violation of subsection (g)(3)(B) or this

8 subsection has occurred, the district

9 court—

10 ‘‘(I) shall impose a damage

11 award of not less than $5,000;

12 ‘‘(II) may issue 1 or more injunc13 tions or other forms of equitable re14 lief; and

15 ‘‘(III) shall award to each pre16 vailing party the reasonable costs of

17 bringing the action, including attor18 ney’s fees, witness fees, and other nec19 essary expenses.

20 ‘‘(iii) STANDARD OF PROOF.—The

21 standard of proof in all actions under this

22 subparagraph shall be the preponderance

23 of the evidence.

24 ‘‘(iv) TRIAL.—A trial for any action

25 under this subsection shall be de novo.
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1 ‘‘(C) PAYMENT OF DAMAGES.—

2 ‘‘(i) NON-FEDERAL VIOLATOR.—A

3 damage award under subparagraph (B)(ii)

4 shall be paid to the Treasury by a non5 Federal violator or violators designated by

6 the court.

7 ‘‘(ii) FEDERAL VIOLATOR.—

8 ‘‘(I) IN GENERAL.—Not later

9 than 40 days after the date on which

10 judgment is rendered, a damage

11 award under subparagraph (B)(ii) for

12 which the United States is determined

13 to be liable shall be paid from the

14 Treasury, as provided under section

15 1304 of title 31, United States Code,

16 to the person or persons designated to

17 receive the damage award.

18 ‘‘(II) USE OF DAMAGE AWARD.—

19 A damage award described under sub20 clause (I) shall be used by the recipi21 ent to protect or restore native bio22 diversity on Federal land or on land

23 adjoining Federal land.

24 ‘‘(III) COURT COSTS.—Any

25 award of costs of litigation and any
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1 award of attorney fees shall be paid

2 by a Federal violator not later than

3 40 days after the date on which judg4 ment is rendered.

5 ‘‘(F) WAIVER OF SOVEREIGN IMMUNITY.—

6 ‘‘(i) IN GENERAL.—The United States

7 (including agents and employees of the

8 United States) waives its sovereign immu9 nity in all respects in all actions under

10 subsection (g)(3)(B) and this subsection.

11 ‘‘(ii) NOTICE.—No notice is required

12 to enforce this subsection.’’.

13 SEC. 103. CONFORMING AMENDMENTS.

14 Section 6(g)(3) of the Forest and Rangeland Renew15 able Resource Planning Act of 1974 (16 U.S.C.

16 1604(g)(3)) is amended—

17 (1) in subparagraph (D), by inserting ‘‘and’’

18 after the semicolon at the end;

19 (2) in subparagraph (E), by striking ‘‘; and’’

20 and inserting a period; and

21 (3) by striking subparagraph (F).
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1 TITLE II—PROTECTION FOR AN2 CIENT FORESTS, ROADLESS

3 AREAS, WATERSHED PROTEC4 TION AREAS, SPECIAL AREAS,

5 AND FEDERAL BOUNDARY

6 AREAS

7 SEC. 201. FINDINGS.

8 Congress finds that—

9 (1) unfragmented forests on Federal land,

10 unique and valuable assets to the general public, are

11 damaged by extractive logging;

12 (2) less than 10 percent of the original

13 unlogged forests of the United States remain, and

14 the vast majority of the remnants of the original for15 ests of the United States are located on Federal

16 land;

17 (3) large, unfragmented forest watersheds pro18 vide high-quality water supplies for drinking, agri19 culture, industry, and fisheries across the United

20 States;

21 (4) the most recent scientific studies indicate

22 that several thousand species of plants and animals

23 are dependent on large, unfragmented forest areas;

24 (5) many neotropical migratory songbird species

25 are experiencing documented broad-scale population
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1 declines and require large, unfragmented forests to

2 ensure their survival;

3 (6) destruction of large-scale natural forests

4 has resulted in a tremendous loss of jobs in the fish5 ing, hunting, tourism, recreation, and guiding indus6 tries, and has adversely affected sustainable non7 timber forest products industries such as the collec8 tion of mushrooms and herbs;

9 (7) extractive logging programs on Federal land

10 are carried out at enormous financial costs to the

11 Treasury and taxpayers of the United States;

12 (8) ancient forests continue to be threatened by

13 logging and deforestation and are rapidly dis14 appearing;

15 (9) ancient forests help regulate atmospheric

16 balance, maintain biodiversity, and provide valuable

17 scientific opportunity for monitoring the health of

18 the planet;

19 (10) prohibiting extractive logging in the an20 cient forests would create the best conditions for en21 suring stable, well distributed, and viable popu22 lations of the northern spotted owl, marbled

23 murrelet, American marten, and other vertebrates,

24 invertebrates, vascular plants, and nonvascular

25 plants associated with those forests;
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1 (11) prohibiting extractive logging in the an2 cient forests would create the best conditions for en3 suring stable, well distributed, and viable popu4 lations of anadromous salmonids, resident

5 salmonids, and bull trout;

6 (12) roadless areas are de facto wilderness that

7 provide wildlife habitat and recreation;

8 (13) large unfragmented forests, contained in

9 large part on roadless areas on Federal land, are

10 among the last refuges for native animal and plant

11 biodiversity, and are vital to maintaining viable pop12 ulations of threatened, endangered, sensitive, and

13 rare species;

14 (14) roads cause soil erosion, disrupt wildlife

15 migration, and allow nonnative species of plants and

16 animals to invade native forests;

17 (15) the mortality and reproduction patterns of

18 forest dwelling animal populations are adversely af19 fected by traffic-related fatalities that accompany

20 roads;

21 (16) the exceptional recreational, biological, sci22 entific, or economic assets of certain special forested

23 areas on Federal land are valuable to the public of

24 the United States and are damaged by extractive

25 logging;
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1 (17) in order to gauge the effectiveness and ap2 propriateness of current and future resource man3 agement activities, and to continue to broaden and

4 develop our understanding of silvicultural practices,

5 many special forested areas need to remain in a nat6 ural, unmanaged state to serve as scientifically es7 tablished baseline control forests;

8 (18) certain special forested areas provide habi9 tat for the survival and recovery of endangered and

10 threatened plant and wildlife species, such as grizzly

11 bears, spotted owls, Pacific salmon, and Pacific yew,

12 that are harmed by extractive logging;

13 (19) many special forested areas on Federal

14 land are considered sacred sites by native peoples;

15 (20) ecological, economic, and aesthetic values

16 on private property are damaged by logging and

17 road building in Federal boundary areas; and

18 (21) as a legacy for the enjoyment, knowledge,

19 and well-being of future generations, provisions must

20 be made for the protection and perpetuation of the

21 ancient forests, roadless areas, watershed protection

22 areas, special areas, and Federal boundary areas of

23 the United States.

24 SEC. 202. DEFINITIONS.

25 In this title:
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1 (1) ANCIENT FOREST.—The term ‘‘ancient for2 est’’ means—

3 (A) the northwest ancient forest,

4 including—

5 (i) Federal land identified as late-suc6 cessional reserves, riparian reserves, and

7 key watersheds under the heading ‘‘Alter8 native 1’’ of the report entitled ‘‘Final

9 Supplemental Environmental Impact

10 Statement on Management of Habitat for

11 Late-Successional and Old-Growth Forest

12 Related Species Within the Range of the

13 Northern Spotted Owl, Vol. I.’’, and dated

14 February 1994; and

15 (ii) Federal land identified by the

16 term ‘‘medium and large conifer multi-sto17 ried, canopied forests’’ as defined in the re18 port described in clause (i);

19 (B) the eastside Cascade ancient forest,

20 including—

21 (i) Federal land identified as ‘‘Late22 Succession/Old-growth Forest (LS/OG)’’

23 depicted on maps for the Colville, Fre24 mont, Malheur, Ochoco, Umatilla,

25 Wallowa-Whitman and Winema National
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1 Forests in the report entitled ‘‘Interim

2 Protection for Late-Successional Forests,

3 Fisheries, and Watersheds: National For4 ests East of the Cascade Crest, Oregon,

5 and Washington’’, prepared by the

6 Eastside Forests Scientific Society Panel

7 (The Wildlife Society, Technical Review

8 94–2, August 1994);

9 (ii) Federal land east of the Cascade

10 crest in the States of Oregon and Wash11 ington, defined as ‘‘late successional and

12 old-growth forests’’ in the general defini13 tion on page 28 of the report described in

14 clause (i); and

15 (iii) Federal land classified as ‘‘Or16 egon Aquatic Diversity Areas’’, as defined

17 in the report described in clause (i); and

18 (C) the Sierra Nevada ancient forest,

19 including—

20 (i) Federal land identified as ‘‘Areas

21 of Late-Successional Emphasis (ALSE)’’

22 in the report entitled, ‘‘Final Report to

23 Congress: Status of the Sierra Nevada’’,

24 prepared by the Sierra Nevada Ecosystem

25 Project (Wildland Resources Center Report
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1 #40, University of California, Davis, 1996/

2 97);

3 (ii) Federal land identified as ‘‘Late4 Succession/Old-Growth Forests Rank 3, 4

5 or 5’’ in the report described in clause (i);

6 and

7 (iii) Federal land identified as ‘‘Poten8 tial Aquatic Diversity Management Areas’’

9 on the map on page 1497 of the report de10 scribed in clause (i).

11 (2) EXTRACTIVE LOGGING.—The term ‘‘extrac12 tive logging’’ means the cutting or removal of any

13 trees from Federal forest land for any purpose.

14 (3) FEDERAL BOUNDARY AREA.—The term

15 ‘‘Federal boundary area’’ means land that is—

16 (A) managed by the Forest Service, the

17 Bureau of Land Management, or the United

18 States Fish and Wildlife Service; and

19 (B) located within 200 feet of a property

20 line.

21 (4) IMPROVED ROAD.—The term ‘‘improved

22 road’’ means any road maintained for travel by

23 standard passenger type vehicles.
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1 (5) ROADLESS AREA.—The term ‘‘roadless

2 area’’ means a contiguous parcel of Federal land

3 that is—

4 (A) devoid of improved roads, except as

5 provided in subparagraph (B); and

6 (B) composed of—

7 (i) at least 1,000 acres west of the

100th meridian (with up to 1 8 ⁄2 mile of im9 proved roads per 1,000 acres);

10 (ii) at least 1,000 acres east of the

100th meridian (wiht up to 1 11 ⁄2 mile of im12 proved roads per 1,000 acres); or

13 (iii) less than 1,000 acres, but share

14 a border that is not an improved road with

15 a wilderness area, primitive area, or wil16 derness study area.

17 (6) SECRETARY CONCERNED.—The term ‘‘Sec18 retary concerned’’ means the head of each Federal

19 agency having jurisdiction over Federal land in20 cluded in an ancient forest, roadless area, watershed

21 protection area, special area, or Federal boundary

22 area.

23 (7) SPECIAL AREA.—The term ‘‘special area’’

24 means a certain area of Federal forest land des25 ignated under section 3 that may not meet the defi-
29

•S 1368 IS

1 nition of an ancient forest, roadless area, watershed

2 protection area, or Federal boundary area, but

3 that—

4 (A) possesses outstanding biological, sce5 nic, recreational, or cultural values; and

6 (B) is exemplary on a regional, national, or

7 international level.

8 (8) WATERSHED PROTECTION AREA.—The

9 term ‘‘watershed protection area’’ means Federal

10 land that extends—

11 (A) 300 feet from both sides of the active

12 stream channel of any permanently flowing

13 stream or river;

14 (B) 100 feet from both sides of the active

15 channel of any intermittent, ephemeral, or sea16 sonal stream, or any other nonpermanently

17 flowing drainage feature having a definable

18 channel and evidence of annual scour or deposi19 tion of flow-related debris;

20 (C) 300 feet from the edge of the max21 imum level of any natural lake or pond; or

22 (D) 150 feet from the edge of the max23 imum level of a constructed lake, pond, or res24 ervoir, or a natural or constructed wetland.
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•S 1368 IS

1 SEC. 203. DESIGNATION OF SPECIAL AREAS.

2 (a) IN GENERAL.—

3 (1) FINDING.—A special area shall possess at

4 least 1 of the values described in paragraphs (2)

5 through (5).

6 (2) BIOLOGICAL VALUES.—The biological values

7 of a special area may include the presence of—

8 (A) threatened species or endangered spe9 cies of plants or animals;

10 (B) rare or endangered ecosystems;

11 (C) key habitats necessary for the recovery

12 of endangered species or threatened species;

13 (D) recovery or restoration areas of rare or

14 underrepresented forest ecosystems;

15 (E) migration corridors;

16 (F) areas of outstanding biodiversity;

17 (G) old growth forests;

18 (H) commercial fisheries; and

19 (I) sources of clean water such as key wa20 tersheds.

21 (3) SCENIC VALUES.—The scenic values of a

22 special area may include the presence of—

23 (A) unusual geological formations;

24 (B) designated wild and scenic rivers;

25 (C) unique biota; and

26 (D) vistas.
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•S 1368 IS

1 (4) RECREATIONAL VALUES.—The recreational

2 values of a special area may include the presence

3 of—

4 (A) designated national recreational trails

5 or recreational areas;

6 (B) areas that are popular for such recre7 ation and sporting activities as—

8 (i) hunting;

9 (ii) fishing;

10 (iii) camping;

11 (iv) hiking;

12 (v) aquatic recreation; and

13 (vi) winter recreation;

14 (C) Federal land in regions that are under15 served in terms of recreation;

16 (D) land adjacent to designated wilderness

17 areas; and

18 (E) solitude.

19 (5) CULTURAL VALUES.—The cultural values of

20 a special area may include the presence of—

21 (A) sites with Native American religious

22 significance; and

23 (B) historic or prehistoric archaeological

24 sites eligible for listing on the national historic

25 register.
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1 (b) SIZE VARIATION.—A special area may vary in

2 size to encompass the outstanding biological, scenic, rec3 reational, or cultural value or values to be protected.

4 (c) DESIGNATION OF SPECIAL AREAS.—There are

5 designated the following special areas, which shall be sub6 ject to the management restrictions specified in section

7 204:

8 (1) ALABAMA: SIPSEY WILDERNESS.—Certain

9 land in the Bankhead National Forest in the State

10 of Alabama, totaling approximately 20,000 acres, lo11 cated directly west of Highway 33 and directly north

12 of County Road 60, including all of the Sipsey River

13 Watershed north of Cranal Road, known as the

14 ‘‘Sipsey Wilderness’’.

15 (2) ALASKA.—

16 (A) TURNAGAIN ARM.—Certain land in the

17 Chugach National Forest, on the Kenai Penin18 sula in the State of Alaska, totaling approxi19 mately 100,000 acres, extending from sea level

20 to ridgetop surrounding the inlet of Turnagain

21 Arm, known as ‘‘Turnagain Arm’’.

22 (B) HONKER DIVIDE.—Certain land in the

23 Tongass National Forest in the State of Alaska,

24 totaling approximately 75,000 acres, located on

25 north central Prince of Wales Island, com-
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•S 1368 IS

1 prising the Thorne River and Hatchery Creek

2 watersheds, stretching approximately 40 miles

3 northwest from the vicinity of the town of

4 Thorne Bay to the vicinity of the town of

5 Coffman Cove, generally known as the ‘‘Honker

6 Divide’’.

7 (3) ARIZONA: NORTH RIM OF THE GRAND CAN8 YON.—Certain land in the Kaibab National Forest

9 in the State of Arizona that is included in the Grand

10 Canyon Game Preserve, totaling approximately

11 500,000 acres, abutting the northern side of the

12 Grand Canyon in the area generally known as the

13 ‘‘North Rim of the Grand Canyon’’.

14 (4) ARKANSAS.—

15 (A) COW CREEK DRAINAGE, ARKANSAS.—

16 Certain land in the Ouachita National Forest,

17 Mena Ranger District, in Polk County, in the

18 State of Arkansas, totaling approximately 7,000

19 acres, known as ‘‘Cow Creek Drainage, Arkan20 sas’’, and bounded approximately—

21 (i) to the north, by County Road 95;

22 (ii) to the south, by County Road 157;

23 (iii) to the east, by County Road 48;

24 and
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•S 1368 IS

1 (iv) to the west, by the Arkansas2 Oklahoma border.

3 (B) LEADER AND BRUSH MOUNTAINS.—

4 Certain land in the Ouachita National Forest,

5 in Montgomery and Polk Counties in the State

6 of Arkansas, totaling approximately 120,000

7 acres, known as ‘‘Leader and Brush Moun8 tains’’, located in the vicinity of the Blaylock

9 Creek Watershed between Long Creek and the

10 South Fork of the Saline River.

11 (C) POLK CREEK AREA.—Certain land in

12 the Ouachita National Forest, Mena Ranger

13 District, in the State of Arkansas, totaling ap14 proximately 20,000 acres, bounded by Arkansas

15 Highway 4 and Forest Roads 73 and 43,

16 known as the ‘‘Polk Creek area’’.

17 (D) LOWER BUFFALO RIVER WATER18 SHED.—Certain land in the Ozark National

19 Forest, Sylamore Ranger District, totaling ap20 proximately 6,000 acres, including Forest Serv21 ice land not already designated as Wilderness

22 Areas, located in the watershed of Big Creek

23 southwest of the Leatherwood Wilderness Area

24 in Searcy and Marion Counties, Arkansas, and
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•S 1368 IS

1 known as the ‘‘Lower Buffalo River Water2 shed’’.

3 (E) UPPER BUFFALO RIVER WATER4 SHED.—Certain land in the Ozark National

5 Forest, Buffalo Ranger District, totaling ap6 proximately 220,000 acres, comprised of Forest

7 Service land not already designated as Wilder8 ness Areas, known as the ‘‘Upper Buffalo River

9 Watershed’’, located approximately 35 miles

10 from the town of Harrison, in Madison, New11 ton, and Searcy Counties, in the State of Ar12 kansas, upstream of the confluence of the Buf13 falo River and Richland Creek in the water14 sheds of—

15 (i) the Buffalo River;

16 (ii) the various streams comprising

17 the Headwaters of the Buffalo River;

18 (iii) Richland Creek;

19 (iv) Little Buffalo Headwaters;

20 (v) Edgmon Creek;

21 (vi) Big Creek; and

22 (vii) Cane Creek.

23 (5) CALIFORNIA: GIANT SEQUOIA PRESERVE.—

24 Certain land in the Sequoia and Sierra National

25 Forests in the State of California, known as the
36

•S 1368 IS

1 ‘‘Giant Sequoia Preserve’’, comprised of 3 discontin2 uous parcels and approximately 442,425 acres, lo3 cated in Fresno, Tulare, and Kern Counties in the

4 Southern Sierra Nevada mountain range,

5 including—

6 (A) the Kings River Unit (145,600 acres)

7 and nearby Redwood Mountain Unit (11,730

8 acres), located approximately 25 miles east of

9 the city of Fresno; and

10 (B) the South Unit (285,095 acres), lo11 cated approximately 15 miles east of the city of

12 Porterville.

13 (6) COLORADO: COCHETOPA HILLS.—Certain

14 land in the Gunnison Basin area in the State of Col15 orado, known as the ‘‘Cochetopa Hills’’, adminis16 tered by the Gunnison, Grand Mesa, Uncompahgre,

17 and Rio Grand National Forests, totaling approxi18 mately 500,000 acres, spanning the continental di19 vide south and east of the city of Gunnison in

20 Saguache County in the State of Colorado, and in21 cluding the—

22 (A) Elk and West Elk Mountains;

23 (B) Grand Mesa;

24 (C) Uncompahgre Plateau;

25 (D) northern San Juan Mountains;
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•S 1368 IS

1 (E) La Garitas Mountains; and

2 (F) Cochetopa Hills.

3 (7) GEORGIA.—

4 (A) ARMUCHEE CLUSTER.—Certain land

5 in the Chattahoochee National Forest,

6 Armuchee Ranger District, known as the

7 ‘‘Armuchee Cluster’’, totaling approximately

8 19,700 acres, comprised of 3 parcels known as

9 Rocky Face, Johns Mountain and Hidden

10 Creek, located approximately 10 miles south11 west of Dalton and 14 miles north of Rome,

12 in Whitfield, Walker, Chattooga, Floyd, and

13 Gordon Counties, in the State of Georgia.

14 (B) BLUE RIDGE CORRIDOR CLUSTER,

15 GEORGIA AREAS.—Certain land in the Chat16 tahoochee National Forest, Chestatee Ranger

17 District, totaling approximately 15,000 acres,

18 known as the ‘‘Blue Ridge Corridor Cluster,

19 Georgia Areas’’, comprised of 5 parcels known

20 as Horse Gap, Hogback Mountain, Blackwell

21 Creek, Little Cedar Mountain, and Black

22 Mountain, located approximately 15 to 20 miles

23 north of the town of Dahlonega, and Union and

24 Lumpkin Counties, in the State of Georgia.
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1 (C) CHATTOOGA WATERSHED CLUSTER,

2 GEORGIA AREAS.—Certain land in the Chat3 tahoochee National Forest, Tallulah Ranger

4 District, totaling 63,500 acres, known as the

5 ‘‘Chattooga Watershed Cluster, Georgia Areas’’,

6 comprised of 7 areas known as Rabun Bald,

7 Three Forks, Ellicott Rock Extension, Rock

8 Gorge, Big Shoals, Thrift’s Ferry, and Five

9 Falls, located in Rabun County, Georgia near

10 the towns of Clayton, in the State of Georgia,

11 near the town of Dillard, South Carolina.

12 (D) COHUTTA CLUSTER.—Certain land in

13 the Chattahoochee National Forest, Cohutta

14 Ranger District, totaling approximately 28,000

15 acres, known as the ‘‘Cohutta Cluster’’, com16 prised of 4 parcels known as Cohuttta Exten17 sions, Grassy Mountain, Emery Creek, and

18 Mountaintown, and located near the towns of

19 Chatsworth and Ellijay, in Murray, Fannin,

20 and Gilmer Counties, in the State of Georgia.

21 (E) DUNCAN RIDGE CLUSTER.—Certain

22 land in the Chattahoochee National Forest,

23 Brasstown and Toccoa Ranger Districts, total24 ing approximately 17,000 acres, known as the

25 ‘‘Duncan Ridge Cluster’’, comprised of the par-
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•S 1368 IS

1 cels known as Licklog Mountain, Duncan

2 Ridge, Board Camp, and Cooper Creek Scenic

3 Area Extension, and located approximately 10

4 to 15 miles south of the town of Blairsville in

5 Union and Fannin Counties, in the State of

6 Georgia.

7 (F) ED JENKINS NATIONAL RECREATION

8 AREA CLUSTER.—Certain land in the Chat9 tahoochee National Forest, Toccoa and

10 Chestatee Ranger Districts, totaling approxi11 mately 19,300 acres, known as the ‘‘Ed Jenkins

12 National Recreation Area Cluster’’, comprised

13 of the Springer Mountain, Mill Creek, and

14 Toonowee parcels, and located 30 miles north of

15 the town of Dahlonega, in Fannin, Dawson,

16 and Lumpkin Counties, in the State of Georgia.

17 (G) GAINESVILLE RIDGES CLUSTER.—Cer18 tain land in the Chattahoochee National Forest,

19 Chattooga Ranger District, totaling approxi20 mately 14,200 acres, known as the ‘‘Gainesville

21 Ridges Cluster’’, comprised of 3 parcels known

22 as Panther Creek, Tugaloo Uplands, and Mid23 dle Fork Broad River, and located approxi24 mately 10 miles from the town of Toccoa, in
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1 Habersham and Stephens Counties, in the

2 State of Georgia.

3 (H) NORTHERN BLUE RIDGE CLUSTER,

4 GEORGIA AREAS.—Certain land in the Chat5 tahoochee National Forest, Brasstown and

6 Tallulah Ranger Districts, totaling approxi7 mately 46,000 acres, known as the ‘‘Northern

8 Blue Ridge Cluster, Georgia Areas’’, comprised

9 of 8 areas known as Andrews Cove, Anna Ruby

10 Falls Scenic Area Extension, High Shoals, Tray

11 Mountain Extension, Kelly Ridge-Moccasin

12 Creek, Buzzard Knob, Southern Nantahala Ex13 tension, and Patterson Gap, and located ap14 proximately 5 to 15 miles north of Helen, 5 to

15 15 miles southeast of Hiawassee, north of Clay16 ton, and west of Dillard, in White, Towns and

17 Rabun Counties, in the State of Georgia.

18 (I) RICH MOUNTAIN CLUSTER.—Certain

19 land in the Chattahoochee National Forest,

20 Toccoa Ranger District, totaling approximately

21 9,500 acres, known as the ‘‘Rich Mountain

22 Cluster’’, comprised of the parcels known as

23 Rich Mountain Extension and Rocky Mountain,

24 located 10 to 15 miles northeast of the town of
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•S 1368 IS

1 Ellijay, in Gilmer and Fannin Counties, in the

2 State of Georgia.

3 (J) WILDERNESS HEARTLANDS CLUSTER,

4 GEORGIA AREAS.—Certain land in the Chat5 tahoochee National Forest, Chestatee,

6 Brasstown and Chattooga Ranger Districts, to7 taling approximately 16,500 acres, known as

8 the ‘‘Wilderness Heartlands Cluster, Georgia

9 Areas’’, comprised of 4 parcels known as the

10 Blood Mountain Extensions, Raven Cliffs Ex11 tensions, Mark Trail Extensions, and

12 Brasstown Extensions, and located near the

13 towns of Dahlonega, Cleveland, Helen, and

14 Blairsville, in Lumpkin, Union, White, and

15 Towns Counties, in the State of Georgia.

16 (8) IDAHO.—

17 (A) COVE/MALLARD.—Certain land in the

18 Nez Perce National Forest in the State of

19 Idaho, totaling approximately 94,000 acres, lo20 cated approximately 30 miles southwest of the

21 town of Elk City, and west of the town of Dixie,

22 in the area generally known as ‘‘Cove/Mallard’’.

23 (B) MEADOW CREEK.—Certain land in the

24 Nez Perce National Forest in the State of

25 Idaho, totaling approximately 180,000 acres, lo-
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1 cated approximately 8 miles east of the town of

2 Elk City in the area generally known as ‘‘Mead3 ow Creek’’.

4 (C) FRENCH CREEK/PATRICK BUTTE.—

5 Certain land in the Payette National Forest in

6 the State of Idaho, totaling approximately

7 141,000 acres, located approximately 20 miles

8 north of the town of McCall in the area gen9 erally known as ‘‘French Creek/Patrick Butte’’.

10 (9) ILLINOIS.—

11 (A) CRIPPS BEND.—Certain land in the

12 Shawnee National Forest in the State of Illi13 nois, totaling approximately 39 acres, located in

14 Jackson County in the Big Muddy River water15 shed, in the area generally known as ‘‘Cripps

16 Bend’’.

17 (B) OPPORTUNITY AREA 6.—Certain land

18 in the Shawnee National Forest in the State of

19 Illinois, totaling approximately 50,000 acres, lo20 cated in northern Pope County surrounding

21 Bell Smith Springs Natural Area, in the area

22 generally known as ‘‘Opportunity Area 6’’.

23 (C) QUARREL CREEK.—Certain land in the

24 Shawnee National Forest in the State of Illi25 nois, totaling approximately 490 acres, located
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•S 1368 IS

1 in northern Pope County in the Quarrel Creek

2 watershed, in the area generally known as

3 ‘‘Quarrel Creek’’.

4 (10) MICHIGAN: TRAP HILLS.—Certain land in

5 the Ottawa National Forest, Bergland Ranger Dis6 trict, totaling approximately 37,120 acres, known as

7 the ‘‘Trap Hills’’, located approximately 5 miles

8 from the town of Bergland, in Ontonagon County, in

9 the State of Michigan.

10 (11) MINNESOTA.—

11 (A) TROUT LAKE AND SUOMI HILLS.—Cer12 tain land in the Chippewa National Forest, to13 taling approximately 12,000 acres, known as

14 ‘‘Trout Lake/Suomi Hills’’ in Itasca County, in

15 the State of Minnesota.

16 (B) LULLABY WHITE PINE RESERVE.—

17 Certain land in the Superior National Forest in

18 the State of Minnesota, Gunflint Ranger Dis19 trict, totaling approximately 2,518 acres, in the

20 South Brule Opportunity Area, northwest of

21 Grand Marais in Cook County, Minnesota,

22 known as the ‘‘Lullaby White Pine Reserve’’.

23 (12) MISSOURI: ELEVEN POINT-BIG SPRINGS

24 AREA.—Certain land in the Mark Twain National

25 Forest in the State of Missouri, Eleven Point Rang-
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•S 1368 IS

1 er District, totaling approximately 200,000 acres,

2 comprised of the administrative area of the Eleven

3 Point Ranger District, known as the ‘‘Eleven Point4 Big Springs Area’’.

5 (13) MONTANA: MOUNT BUSHNELL.—Certain

6 land in the Lolo National Forest in the State of

7 Montana, totaling approximately 41,000 acres, lo8 cated approximately 5 miles southwest of the town

9 of Thompson Falls in the area generally known as

10 ‘‘Mount Bushnell’’.

11 (14) NEW MEXICO.—

12 (A) ANGOSTURA.—Certain land in the

13 eastern half of the Carson National Forest in

14 the State of New Mexico, Camino Real Ranger

15 District, totaling approximately 10,000 acres,

16 located in Township 21, Ranges 12 and 13,

17 known as ‘‘Angostura’’, and bounded—

18 (i) to the northeast, by Highway 518;

19 (ii) to the southeast, by the Angostura

20 Creek watershed boundary;

21 (iii) to the southern side, by Trail 19

22 and the Pecos Wilderness; and

23 (iv) to the west, by the Agua Piedra

24 Creek watershed.
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•S 1368 IS

1 (B) LA MANGA.—Certain land in the west2 ern half of the Carson National Forest, El Rito

3 Ranger District, in the State of New Mexico, at

4 the Vallecitos Sustained Yield Unit, totaling ap5 proximately 5,400 acres, known as ‘‘La

6 Manga’’, in Township 27, Range 6, and

7 bounded—

8 (i) to the north, by the Tierra

9 Amarilla Land Grant;

10 (ii) to the south, by Canada

11 Escondida;

12 (iii) to the west, by the Sustained

13 Yield Unit boundary and the Tierra

14 Amarilla Land Grant; and

15 (iv) to the east, by the Rio Vallecitos.

16 (C) ELK MOUNTAIN.—Certain land in the

17 Santa Fe National Forest in the State of New

18 Mexico, totaling approximately 7,220 acres,

19 known as ‘‘Elk Mountain’’ located in Townships

20 17 and 18 and Ranges 12 and 13, and

21 bounded—

22 (i) to the north, by the Pecos Wilder23 ness;

24 (ii) to the east, by the Cow Creek Wa25 tershed;
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1 (iii) to the west, by the Cow Creek;

2 and

3 (iv) to the south, by Rito de la Osha.

4 (D) JEMEZ HIGHLANDS.—Certain land in

5 the Jemez Ranger District of the Santa Fe Na6 tional Forest, totaling approximately 54,400

7 acres, known as the ‘‘Jemez Highlands’’, lo8 cated primarily in Sandoval County, in the

9 State of New Mexico.

10 (15) NORTH CAROLINA.—

11 (A) CENTRAL NANTAHALA CLUSTER,

12 NORTH CAROLINA AREAS.—Certain land in the

13 Nantahala National Forest, Tusquitee, Cheoah,

14 and Wayah Ranger Districts, totaling approxi15 mately 107,000 acres, known as the ‘‘Central

16 Nantahala Cluster, North Carolina Areas’’,

17 comprised of 9 parcels known as Tusquitee

18 Bald, Shooting Creek Bald, Cheoah Bald,

19 Piercy Bald, Wesser Bald, Tellico Bald, Split

20 White Oak, Siler Bald, and Southern

21 Nantahala Extensions, and located near the

22 towns of Murphy, Franklin, Bryson City, An23 drews, and Beechertown, in Cherokee, Macon,

24 Clay and Swain Counties, in the State of North

25 Carolina.
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1 (B) CHATTOOGA WATERSHED CLUSTER,

2 NORTH CAROLINA AREAS.—Certain land in the

3 Nantahala National Forest, Highlands Ranger

4 District, totaling approximately 8,000 acres,

5 known as the ‘‘Chattooga Watershed Cluster,

6 North Carolina Areas’’, comprised of the Over7 flow (Blue Valley) and Terrapin Mountain par8 cels, and located 5 miles from the town of

9 Highlands, in Macon and Jackson Counties, in

10 the State of North Carolina.

11 (C) TENNESSEE BORDER CLUSTER, NORTH

12 CAROLINA AREAS.—Certain land in the

13 Nantahala National Forest, Tusquitee and

14 Cheoah Ranger Districts, totaling approxi15 mately 28,000 acres, known as the ‘‘Tennessee

16 Border Cluster, North Carolina Areas’’, com17 prised of the 4 parcels known as the Unicoi

18 Mountains, Deaden Tree, Snowbird, and Joyce

19 Kilmer-Slickrock Extension, and located near

20 the towns of Murphy and Robbinsville, in Cher21 okee and Graham Counties, in the State of

22 North Carolina.

23 (D) BALD MOUNTAINS.—Certain land in

24 the Pisgah National Forest, French Broad

25 Ranger District, totaling approximately 13,000
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1 acres known as the ‘‘Bald Mountains’’, located

2 12 miles northeast of the town of Hot Springs,

3 in Madison County, in the State of North Caro4 lina.

5 (E) BIG IVY TRACT.—Certain land in the

6 Pisgah National Forest in the State of North

7 Carolina, totaling approximately 14,000 acres,

8 located approximately 15 miles west of Mount

9 Mitchell in the area generally known as the

10 ‘‘Big Ivy Tract’’.

11 (F) BLACK MOUNTAINS CLUSTER, NORTH

12 CAROLINA AREAS.—Certain land in the Pisgah

13 National Forest, Toecane and Grandfather

14 Ranger Districts, totaling approximately 62,000

15 acres, known as the ‘‘Black Mountains Cluster,

16 North Carolina Areas’’, comprised of 5 parcels

17 known as Craggy Mountains, Black Mountains,

18 Jarrett Creek, Mackey Mountain, and Woods

19 Mountain, and located near the towns of Burns20 ville, Montreat and Marion, in Buncombe,

21 Yancey and McDowell Counties, in the State of

22 North Carolina.

23 (G) LINVILLE CLUSTER.—Certain land in

24 the Pisgah National Forest, Grandfather Dis25 trict, totaling approximately 42,000 acres,
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1 known as the ‘‘Linville Cluster’’, comprised of

2 7 parcels known as Dobson Knob, Linville

3 Gorge Extension, Steels Creek, Sugar Knob,

4 Harper Creek, Lost Cove and Upper Wilson

5 Creek, and located near the towns of Marion,

6 Morgantown, Spruce Pine, Linville, and Blow7 ing Rock, in Burke, McDowell, Avery and

8 Caldwell Counties, in the State of North Caro9 lina.

10 (H) NOLICHUCKY, NORTH CAROLINA

11 AREA.—Certain land in the Pisgah National

12 Forest, Toecane Ranger District, totaling ap13 proximately 4,000 acres, known as the

14 ‘‘Nolichucky, North Carolina Area’’, located 25

15 miles northwest of Burnsville, in Mitchell and

16 Yancey Counties, in the State of North Caro17 lina.

18 (I) PISGAH CLUSTER, NORTH CAROLINA

19 AREAS.—Certain land in the Pisgah National

20 Forest, Pisgah Ranger District, totaling ap21 proximately 52,000 acres, known as the ‘‘Pis22 gah Cluster, North Carolina Areas’’, comprised

23 of 5 parcels known as Shining Rock and Middle

24 Prong Extensions, Daniel Ridge, Cedar Rock

25 Mountain, South Mills River, and Laurel Moun-
50

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1 tain, and located 5 to 12 miles north of the

2 town of Brevard and southwest of the city of

3 Asheville, in Haywood, Transylvania, and Hen4 derson Counties, in the State of North Caro5 lina.

6 (J) WILDCAT.—Certain land in the Pisgah

7 National Forest, French Broad Ranger Dis8 trict, totaling approximately 6,500 acres, known

9 as ‘‘Wildcat’’, located 20 miles northwest of the

10 town of Canton, in Haywood County, in the

11 State of North Carolina.

12 (16) OHIO.—

13 (A) ARCHERS FORK COMPLEX.—Certain

14 land in the Marietta Unit of the Athens Ranger

15 District, in the Wayne National Forest, in

16 Washington County, in the State of Ohio,

17 known as ‘‘Archers Fork Complex’’, totaling ap18 proximately 18,350 acres, located northeast of

19 Newport and bounded—

20 (i) to the northwest, by State High21 way 26;

22 (ii) to the northeast, by State High23 way 260;

24 (iii) to the southeast, by the Ohio

25 River; and
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•S 1368 IS

1 (iv) to the southwest, by Bear Run

2 and Danas Creek.

3 (B) BLUEGRASS RIDGE.—Certain land in

4 the Ironton Ranger District on the Wayne Na5 tional Forest, in Lawrence County, in the State

6 of Ohio, known as ‘‘Bluegrass Ridge’’, totaling

7 approximately 4,000 acres, located 3 miles east

8 of Etna in Township 4 North, Range 17 West,

9 Sections 19 through 23 and 27 through 30.

10 (C) BUFFALO CREEK.—Certain land in the

11 Ironton Ranger District of the Wayne National

12 Forest, Lawrence County, Ohio, known as

13 ‘‘Buffalo Creek’’, totaling approximately 6500

14 acres, located 4 miles northwest of Waterloo in

15 Township 5 North, Ranger 17 West, sections 3

16 through 10 and 15 through 18.

17 (D) LAKE VESUVIUS.—Certain land in the

18 Ironton Ranger District of the Wayne National

19 Forest, in Lawrence County, in the State of

20 Ohio, totaling approximately 4,900 acres, gen21 erally known as ‘‘Lake Vesuvius’’, located to

22 the east of Etna in Township 2 North, Range

23 18 West, and bounded—

24 (i) to the southwest, by State High25 way 93; and
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1 (ii) to the northwest, by State High2 way 4.

3 (E) MORGAN SISTERS.—Certain land in

4 the Ironton Ranger District of the Wayne Na5 tional Forest, in Lawrence County, in the State

6 of Ohio, known as ‘‘Morgan Sisters’’, totaling

7 approximately 2,500 acres, located 1 mile east

8 of Gallia and bounded by State Highway 233 in

9 Township 6 North, Range 17 West, sections 13,

10 14, 23 and 24 and Township 5 North, Range

11 16 West, sections 18 and 19.

12 (F) UTAH RIDGE.—Certain land in the

13 Athens Ranger District of the Wayne National

14 Forest, in Athens County, in the State of Ohio,

15 known as ‘‘Utah Ridge’’, totaling approximately

16 9,000 acres, located 1 mile northwest of

17 Chauncey and bounded—

18 (i) to the southeast, by State Highway

19 682 and State Highway 13;

20 (ii) to the southwest, by US Highway

21 33 and State Highway 216; and

22 (iii) to the north, by State Highway

23 665.

24 (G) WILDCAT HOLLOW.—Certain land in

25 the Athens Ranger District of the Wayne Na-
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1 tional Forest, in Perry and Morgan Counties, in

2 the State of Ohio, known as ‘‘Wildcat Hollow,’’

3 totaling approximately 4,500 acres, located 1

4 mile east of Corning in Township 12 North,

5 Range 14 West, sections 1, 2, 11–14, 23 and

6 24 and Township 8 North, Range 13 West, sec7 tions 7, 18, and 19.

8 (17) OKLAHOMA: COW CREEK DRAINAGE, OKLA9 HOMA.—Certain land in the Ouachita National For10 est, Mena Ranger District, in Le Flore County, in

11 the State of Oklahoma, totaling approximately 3,000

12 acres, known as ‘‘Cow Creek Drainage, Oklahoma’’,

13 and bounded approximately—

14 (A) to the west, by the Beech Creek Na15 tional Scenic Area;

16 (B) to the north, by State Highway 63;

17 (C) to the east, by the Arkansas-Oklahoma

18 border; and

19 (D) to the south, by County Road 9038 on

20 the south.

21 (18) OREGON: APPLEGATE WILDERNESS.—Cer22 tain land in the Siskiyou National Forest and Rogue

23 River National Forest in the State of Oregon, total24 ing approximately 20,000 acres, and located approxi25 mately 20 miles southwest of the town of Grants
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1 Pass and 10 miles south of the town of Williams, in

2 the area generally known as the ‘‘Applegate Wilder3 ness’’.

4 (19) SOUTH CAROLINA.—

5 (A) BIG SHOALS, SOUTH CAROLINA

6 AREA.—Certain land in the Sumter National

7 Forest, Andrew Pickens Ranger District, in

8 Oconee County, in the State of South Carolina,

9 totaling approximately 2,000 acres, known as

10 ‘‘Big Shoals, South Carolina Area’’, and located

11 15 miles south of Highlands, North Carolina.

12 (B) BRASSTOWN CREEK, SOUTH CAROLINA

13 AREA.—Certain land in the Sumter National

14 Forest, Andrew Pickens Ranger District, in

15 Oconee County, in the State of South Carolina,

16 totaling approximately 3,500 acres, known as

17 ‘‘Brasstown Creek, South Carolina Area’’, and

18 located approximately 15 miles west of West19 minster, South Carolina.

20 (C) CHAUGA.—Certain land in the Sumter

21 National Forest, Andrew Pickens Ranger Dis22 trict, in Oconee County, in the State of South

23 Carolina, totaling approximately 16,000 acres,

24 known as ‘‘Chauga’’, and located approximately

25 10 miles west of Walhalla, South Carolina.
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1 (D) DARK BOTTOMS.—Certain land in the

2 Sumter National Forest, Andrew Pickens Rang3 er District, in Oconee County, in the State of

4 South Carolina, totaling approximately 4,000

5 acres, known as ‘‘Dark Bottoms’’, and located

6 approximately 10 miles northwest of West7 minster, South Carolina.

8 (E) ELLICOTT ROCK EXTENSION, SOUTH

9 CAROLINA AREA.—Certain land in the Sumter

10 National Forest, Andrew Pickens Ranger Dis11 trict, in Oconee County, in the State of South

12 Carolina, totaling approximately 2,000 acres,

13 known as ‘‘Ellicott Rock Extension, South

14 Carolina Area’’, located approximately 10 miles

15 south of Cashiers, North Carolina.

16 (F) FIVE FALLS, SOUTH CAROLINA

17 AREA.—Certain land in the Sumter National

18 Forest, Andrew Pickens Ranger District, in

19 Oconee County, in the State of South Carolina,

20 totaling approximately 3,500 acres, known as

21 ‘‘Five Falls, South Carolina Area’’, and located

22 approximately 10 miles southeast of Clayton,

23 Georgia.

24 (G) PERSIMMON MOUNTAIN.—Certain land

25 in the Sumter National Forest, Andrew Pickens
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1 Ranger District, in Oconee County, in the State

2 of South Carolina, totaling approximately 7,000

3 acres, known as ‘‘Persimmon Mountain’’, and

4 located approximately 12 miles south of Cash5 iers, North Carolina.

6 (H) ROCK GORGE, SOUTH CAROLINA

7 AREA.—Certain land in the Sumter National

8 Forest, Andrew Pickens Ranger District, in

9 Oconee County, in the State of South Carolina,

10 totaling approximately 2,000 acres, known as

11 ‘‘Rock Gorge, South Carolina Area’’, and lo12 cated 12 miles southeast of Highlands, North

13 Carolina.

14 (I) TAMASSEE.—Certain land in the Sum15 ter National Forest, Andrew Pickens Ranger

16 District, in Oconee County, in the State of

17 South Carolina, totaling approximately 5,500

18 acres, known as ‘‘Tamassee’’, and located ap19 proximately 10 miles north of Walhalla, South

20 Carolina.

21 (J) THRIFT’S FERRY, SOUTH CAROLINA

22 AREA.—Certain land in the Sumter National

23 Forest, Andrew Pickens Ranger District, in

24 Oconee County, in the State of South Carolina,

25 totaling approximately 5,000 acres, known as
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1 ‘‘Thrift’s Ferry, South Carolina Area’’, and lo2 cated 10 miles east of Clayton, Georgia.

3 (20) SOUTH DAKOTA.—

4 (A) BLACK FOX AREA.—Certain land in

5 the Black Hills National Forest in the State of

6 South Dakota, totaling approximately 12,400

7 acres, located in the upper reaches of the Rapid

8 Creek watershed, known as the ‘‘Black Fox

9 Area’’, and roughly bounded—

10 (i) to the north, by FDR 206;

11 (ii) to the south, by the steep slopes

12 north of Forest Road 231; and

13 (iii) to the west, by a fork of Rapid

14 Creek.

15 (B) BREAKNECK AREA.—Certain land in

16 the Black Hills National Forest in the State of

17 South Dakota, totaling 6,700 acres, located

18 along the northeast edge of the Black Hills in

19 the vicinity of the Black Hills National Ceme20 tery and the Bureau of Land Management’s

21 Fort Meade Recreation Area, known as the

22 ‘‘Breakneck Area’’, and generally—

23 (i) bounded by Forest Roads 139 and

24 169 on the north, west, and south; and
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1 (ii) demarcated along the eastern and

2 western boundaries by the ridge-crests di3 viding the watershed.

4 (C) NORBECK PRESERVE.—Certain land in

5 the Black Hills National Forest in the State of

6 South Dakota, totaling approximately 27,766

7 acres, known as the ‘‘Norbeck Preserve’’, and

8 encompassed approximately by a boundary that,

9 starting at the southeast corner—

10 (i) runs north along FDR 753 and

11 United States Highway Alt. 16, then along

12 SD 244 to the junction of Palmer Creek

13 Road, which serves generally as a north14 west limit;

15 (ii) heads south from the junction of

16 Highways 87 and 89;

17 (iii) runs southeast along Highway

18 87; and

19 (iv) runs east back to FDR 753,

20 exclusing a corridor of private land along

21 FDR 345.

22 (D) PILGER MOUNTAIN AREA.—Certain

23 land in the Black Hills National Forest in the

24 State of South Dakota, totaling approximately

25 12,600 acres, known as the ‘‘Pilger Mountain
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1 Area’’, located in the Elk Mountains on the

2 southwest edge of the Black Hills, and roughly

3 bounded—

4 (i) to the east and northeast, by For5 est Roads 318 and 319;

6 (ii) to the north and northwest, by

7 Road 312; and

8 (iii) to the southwest, by private land.

9 (E) STAGEBARN CANYONS.—Certain land

10 in the Black Hills National Forest in the State

11 of South Dakota, known as ‘‘Stagebarn Can12 yons’’, totaling approximately 7,300 acres, and

13 located approximately 10 miles west of Rapid

14 City, South Dakota.

15 (21) TENNESSEE.—

16 (A) BALD MOUNTAINS CLUSTER, TEN17 NESSEE AREAS.—Certain land in the

18 Nolichucky and Unaka Ranger Districts of the

19 Cherokee National Forest, in Cocke, Green,

20 Washington and Unicoi Counties, in the State

21 of Tennessee, totaling approximately 46,133

22 acres, known as the ‘‘Bald Mountains Cluster,

23 Tennessee Areas’’, and comprised of the parcels

24 known as Laurel Hollow Mountain, Devil’s

25 Backbone, Laurel Mountain, Walnut Mountain,
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1 Wolf Creek, Meadow Creek Mountain, Brush

2 Creek Mountain, Paint Creek, Bald Mountain

3 and Sampson Mountain Extension, located near

4 the towns of Newport, Hot Springs, Greeneville

5 and Erwin, Tennessee.

6 (B) BIG FROG/COHUTTA CLUSTER.—Cer7 tain land in the Cherokee National Forest, in

8 Polk County, Ocoee, Hiwassee, and Tennessee

9 Ranger Districts, in the State of Tennessee, to10 taling approximately 28,800 acres, known as

11 the ‘‘Big Frog/Cohutta Cluster’’, comprised of

12 the parcels known as Big Frog Extensions, Lit13 tle Frog Extensions, Smith Mountain and Rock

14 Creek, located near the towns of Copperhill,

15 Ducktown, Turtletown and Benton, Tennessee.

16 (C) CITICO CREEK WATERSHED CLUSTER

17 TENNESSEE AREAS.—Certain land in the

18 Tellico Ranger District of the Cherokee Na19 tional Forest, in Monroe County, in the State

20 of Tennessee, totaling approximately 14,256

21 acres, known as the ‘‘Citico Creek Watershed

22 Cluster, Tennessee Areas’’, comprised of the

23 parcels known as Flats Mountain, Miller Ridge,

24 Cowcamp Ridge and Joyce Kilmer-Slickrock
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1 Extension, and located near the town of Tellico

2 Plains, in the State of Tennessee.

3 (D) IRON MOUNTAINS CLUSTER.—Certain

4 land in the Cherokee National Forest, Watauga

5 Ranger District, totaling approximately 58,090

6 acres, known as the ‘‘Iron Mountains Cluster’’,

7 comprised of 8 parcels known as Big Laurel

8 Branch Addition, Hickory Flat Branch, Flint

9 Mill, Lower Iron Mountain, Upper Iron Moun10 tain, London Bridge, Beaverdam Creek, and

11 Rodgers Ridge, located near the towns of Bris12 tol and Elizabethton, in Sullivan and Johnson

13 Counties, in the State of Tennessee.

14 (E) NORTHERN UNICOI MOUNTAINS CLUS15 TER.—Certain land in the Tellico Ranger Dis16 trict of the Cherokee National Forest, in Mon17 roe County, in the State of Tennessee, totaling

18 approximately 30,453 acres, known as the

19 ‘‘Northern Unicoi Mountain Cluster’’, com20 prised of the parcels known as Bald River

21 Gorge Extension, Upper Bald River, Sycamore

22 Creek and Brushy Ridge, and located near the

23 town of Tellico Plains, Tennessee.

24 (F) ROAN MOUNTAIN CLUSTER.—Certain

25 land in the Cherokee National Forest, Unaka
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1 and Watauga Ranger Districts, totaling ap2 proximately 23,725 acres known as the ‘‘Roan

3 Mountain Cluster’’, comprised of the 7 parcels

4 known as Strawberry Mountain, Highlands of

5 Roan, Ripshin Ridge, Doe River Gorge Scenic

6 Area, White Rocks Mountain, Slide Hollow and

7 Watauga Reserve, and located approximately 8

8 to 20 miles south of the town of Elizabethton,

9 in Unicoi, Carter and Johnson Counties, in the

10 State of Tennessee.

11 (G) SOUTHERN UNICOI MOUNTAINS CLUS12 TER.—Certain land in the Hiwassee Ranger

13 District of the Cherokee National Forest, in

14 Polk, Monroe, and McMinn Counties, in the

15 State of Tennessee, totaling approximately

16 11,251 acres, known as the ‘‘Southern Unicoi

17 Mountains Cluster’’, comprised of the parcels

18 known as Gee Creek Extension, Coker Creek

19 and Buck Bald, and located near the towns

20 Etowah, Benton and Turtletown, Tennessee.

21 (H) UNAKA MOUNTAINS CLUSTER, TEN22 NESSEE AREAS.—Certain land in the Cherokee

23 National Forest, Unaka Ranger District, total24 ing approximately 15,669 acres, known as the

25 ‘‘Unaka Mountains Cluster, Tennessee Areas’’,
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1 comprised of the Nolichucky, Unaka Mountain

2 Extension and Stone Mountain parcels and lo3 cated approximately 8 miles from Erwin, in

4 Unicoi and Carter Counties, in the State of

5 Tennessee.

6 (22) TEXAS: LONGLEAF RIDGE.—Certain land

7 in the Angelina National Forest, Jasper and

8 Angelina Counties, Texas, totaling approximately

9 30,000 acres, generally known as ‘‘Longleaf Ridge’’,

10 and bounded—

11 (A) to the west, by Upland Island Wilder12 ness Area;

13 (B) to the south, by the Neches River; and

14 (C) to the northeast, by Sam Rayburn

15 Reservoir.

16 (23) VERMONT.—

17 (A) GLASTENBURY AREA.—Certain land in

18 the Green Mountain National Forest, in the

19 State of Vermont, totaling approximately

20 35,000 acres, located 3 miles northeast of

21 Bennington, generally known as the

22 ‘‘Glastenbury Area’’, and bounded—

23 (i) to the north, by Kelly Stand Road;

24 (ii) to the east, by Forest Road 71;

25 (iii) to the south, by Route 9; and
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1 (iv) to the west, by Route 7.

2 (B) LAMB BROOK.—Certain land in the

3 Green Mountain National Forest, in the State

4 of Vermont, totaling approximately 5,500 acres,

5 located 3 miles southwest of Wilmington, gen6 erally known as ‘‘Lamb Brook’’, and bounded—

7 (i) to the west, by Route 8;

8 (ii) to the south, by Route 100;

9 (iii) to the north, by Route 9; and

10 (iv) to the east, by land owned by

11 New England Power Company.

12 (C) ROBERT FROST MOUNTAIN AREA.—

13 Certain land in the Green Mountain National

14 Forest, in the State of Vermont, totaling ap15 proximately 8,500 acres, known as ‘‘Robert

16 Frost Mountain Area’’, located northeast of

17 Middlebury, consisting of the Forest Service

18 land bounded—

19 (i) to the west, by Route 116;

20 (ii) to the north, by Bristol Notch

21 Road;

22 (iii) to the east, by Lincoln/Ripton

23 Road; and

24 (iv) to the south, by Route 125.

25 (24) VIRGINIA.—
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1 (A) BEAR CREEK.—Certain land in the

2 Jefferson National Forest, Wythe Ranger Dis3 trict, known as ‘‘Bear Creek’’, and located

4 north of Rural Retreat, in Smyth and Wythe

5 Counties, in the State of Virginia.

6 (B) CAVE SPRINGS.—Certain land in the

7 Jefferson National Forest, Clinch Ranger Dis8 trict, totaling approximately 3,000 acres, known

9 as ‘‘Cave Springs’’, and located between State

10 Route 621 and the North Fork of the Powell

11 River, in Lee County, in the State of Virginia.

12 (C) DISMAL CREEK.—Certain land totaling

13 approximately 6,000 acres, in the Jefferson Na14 tional Forest, Blacksburg Ranger District,

15 known as ‘‘Dismal Creek’’, and located north of

16 State Route 42, in Giles and Bland Counties, in

17 the State of Virginia.

18 (D) STONE COAL CREEK.—Certain land in

19 the Jefferson National Forest, New Castle

20 Ranger District, totaling approximately 2,000

21 acres, known as ‘‘Stone Coal Creek’’, and lo22 cated in Craig and Botentourt Counties, in the

23 State of Virginia.

24 (E) WHITE OAK RIDGE: TERRAPIN MOUN25 TAIN.—Certain land in the Glenwood Ranger
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1 District of the Jefferson National Forest,

2 known as ‘‘White Oak Ridge—Terrapin Moun3 tain’’, totaling approximately 8,000 acres, and

4 located east of the Blue Ridge Parkway, in

5 Botentourt and Rockbridge Counties, in the

6 State of Virginia.

7 (F) WHITETOP MOUNTAIN.—Certain land

8 in the Jefferson National Forest, Mt. Rodgers

9 Recreation Area, totaling 3,500 acres, known as

10 ‘‘Whitetop Mountain’’, and located in Wash11 ington, Smyth and Grayson Counties, in the

12 State of Virginia.

13 (G) WILSON MOUNTAIN.—Certain land

14 known as ‘‘Wilson Mountain’’, in the Jefferson

15 National Forest, Glenwood Ranger District, to16 taling approximately 5,100 acres, and located

17 east of Interstate 81, in Botentourt and

18 Rockbridge Counties, in the State of Virginia.

19 (H) FEATHERCAMP.—Certain land located

20 in the Mt. Rodgers Recreation Area of the Jef21 ferson National Forest, totaling 4,974 acres,

22 known as ‘‘Feathercamp’’, located northeast of

23 the town of Damascus and north of State Route

24 58 on the Feathercamp ridge, in Washington

25 County, in the State of Virginia.
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1 (25) WISCONSIN.—

2 (A) FLYNN LAKE.—Certain land in the

3 Chequamegon National Forest, Washburn

4 Ranger District, totaling approximately 5,700

5 acres, known as ‘‘Flynn Lake’’, and located in

6 the Flynn Lake semi-primitive non-motorized

7 area, in Bayfield County, in the State of Wis8 consin.

9 (B) GHOST LAKE CLUSTER.—Certain land

10 in the Chequamegon National Forest, Great Di11 vide Ranger District, totaling approximately

12 6,000 acres, known as ‘‘Ghost Lake Cluster’’,

13 including parcels known as Ghost Lake, Perch

14 Lake, Lower Teal River, Foo Lake, and Bull15 dog Springs, and located in Sawyer County, in

16 the State of Wisconsin.

17 (C) LAKE OWENS CLUSTER.—Certain land

18 in the Chequamegon National Forest, Great Di19 vide and Washburn Ranger Districts, totaling

20 approximately 3,600 acres, known as ‘‘Lake

21 Owens Cluster’’, including parcels known as or

22 near Lake Owens, Sage, Hidden, and Deer Lick

23 Lakes, Eighteenmile Creek, and Northeast and

24 Sugarbush Lakes, and located in Bayfield

25 County, in the State of Wisconsin.
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1 (D) MEDFORD CLUSTER.—Certain land in

2 the Chequamegon National Forest, Medford3 Park Falls Ranger District, totaling approxi4 mately 23,000 acres, known as the ‘‘Medford

5 Cluster’’, including parcels known as County E

6 Hardwoods, Silver Creek/Mondeaux River Bot7 toms, Lost Lake Esker, North and South Fork

8 Yellow Rivers, Bear Creek, Brush Creek,

9 Chequamegon Waters, John’s and Joseph

10 Creeks, Hay Creek Pine-Flatwoods, 558 Hard11 woods, Richter Lake, and Lower Yellow River,

12 and located in Taylor County, in the State of

13 Wisconsin.

14 (E) PARK FALLS CLUSTER.—Certain land

15 in the Chequamegon National Forest, Medford16 Park Falls Ranger District, totaling approxi17 mately 23,000 acres, known as ‘‘Park Falls

18 Cluster’’, including parcels known as Sixteen

19 Lakes, Chippewa Trail, Tucker and Amik

20 Lakes, Lower Rice Creek, Doering Tract,

21 Foulds Creek, Bootjack Conifers, Pond, Mud

22 and Riley Lake Peatlands, Little Willow

23 Drumlin, and Elk River, and located in Price

24 and Vilas Counties, in the State of Wisconsin.
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1 (F) PENOKEE MOUNTAIN CLUSTER.—Cer2 tain land in the Chequamegon National Forest,

3 Great Divide Ranger District, totaling approxi4 mately 23,000 acres, known as ‘‘Penokee Moun5 tain Cluster’’, including parcels known as or

6 near St. Peters Dome, Brunsweiler River

7 Gorge, Lake Three, Marengo River and

8 Brunsweiler River semi-primitive non-motorized

9 areas, Hell Hole Creek, and the North Country

10 Trail Hardwoods, and located in Ashland and

11 Bayfield Counties, in the State of Wisconsin.

12 (G) SOUTHEAST GREAT DIVIDE CLUS13 TER.—Certain land in the Chequamegon Na14 tional Forest, Medford Park Falls Ranger Dis15 trict, totaling approximately 25,000 acres,

16 known as the ‘‘Southeast Great Divide Clus17 ter’’, including parcels known as or near Snoose

18 Lake, Cub Lake, Springbrook Hardwoods,

19 upper Moose River, East Fork Chippewa River,

20 upper Torch River, Venison Creek, upper Bru21 net River, Bear Lake Slough, and Noname

22 Lake, and located in Ashland and Sawyer

23 Counties, in the State of Wisconsin.

24 (H) DIAMOND ROOF CLUSTER.—Certain

25 land in the Nicolet National Forest, Lakewood-
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1 Laona Ranger District, totaling approximately

2 6,000 acres, known as ‘‘Diamond Roof Clus3 ter’’, including parcels known as McCaslin

4 Creek, Ada Lake, Section 10 Lake, and Dia5 mond Roof, and located in Forest, Langlade

6 and Oconto Counties, in the State of Wisconsin.

7 (I) ARGONNE FOREST CLUSTER.—Certain

8 land in the Nicolet National Forest, Eagle

9 River-Florence Ranger District, totaling ap10 proximately 12,000 acres, known as ‘‘Argonne

11 Forest Cluster’’, including parcels known as Ar12 gonne Experimental Forest, Scott Creek, Atkins

13 Lake, and Island Swamp, and located in Forest

14 County, in the State of Wisconsin.

15 (J) BONITA GRADE.—Certain land in the

16 Nicolet National Forest, Lakewood-Laona

17 Ranger District, totaling approximately 1,200

18 acres, known as ‘‘Bonita Grade’’, including par19 cels near Mountain Lakes, Temple Lake, and

20 Second South Branch, First South Branch, and

21 South Branch Oconto River, and located in

22 Langlade County, in the State of Wisconsin.

23 (K) FRANKLIN AND BUTTERNUT LAKES

24 CLUSTER.—Certain land in the Nicolet National

25 Forest, Eagle River-Florence Ranger District,
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1 totaling approximately 12,000 acres, known as

2 ‘‘Franklin and Butternut Lakes Cluster’’, in3 cluding parcels known as Bose Lake Hemlocks,

4 Luna White Deer, Echo Lake, Franklin and

5 Butternut Lakes, Wolf Lake, Upper Ninemile,

6 Meadow, and Bailey Creeks, and located in

7 Forest and Onieda Counties, in the State of

8 Wisconsin.

9 (L) LAUTERMAN LAKE AND KIEPER

10 CREEK.—Certain land in the Nicolet National

11 Forest, Eagle River-Florence Ranger District,

12 totaling approximately 2,500 acres, known as

13 ‘‘Lauterman Lake and Kieper Creek’’, and lo14 cated in Florence County, in the State of Wis15 consin.

16 (26) WYOMING: SAND CREEK AREA.—

17 (A) IN GENERAL.—Certain land in the

18 Black Hills National Forest, totaling approxi19 mately 8,300 acres known as the ‘‘Sand Creek

20 area’’, located in Crook County, in the State of

21 Wyoming, and situated in the far northwest

22 corner of the Black Hills.

23 (B) BOUNDARY.—Beginning in the north24 west corner and proceeding counterclockwise,
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1 the boundary for the Sand Creek Area roughly

2 follows—

3 (i) forest Roads 863, 866, 866.1B;

4 (ii) a line linking forest roads 866.1B

5 and 802.1B;

6 (iii) forest road 802.1B;

7 (iv) forest road 802.1;

8 (v) an unnamed road;

9 (vi) Spotted Tail Creek (excluding all

10 private land);

11 (vii) forest road 829.1;

12 (viii) a line connecting forest roads

13 829.1 and 864;

14 (ix) forest road 852.1; and

15 (x) a line connecting forest roads

16 852.1 and 863.

17 (d) COMMITTEE OF SCIENTISTS.—

18 (1) ESTABLISHMENT.—The Secretaries con19 cerned shall appoint a committee consisting of sci20 entists who—

21 (A) are not officers or employees of the

22 Federal Government;

23 (B) are not officers or employees of any

24 entity engaged in whole or in part in the pro25 duction of wood or wood products; and
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1 (C) have not contracted with or rep2 resented any entity described in subparagraph

3 (A) or (B) in a period beginning 5 years before

4 the date on which the scientist is appointed to

5 the committee.

6 (2) RECOMMENDATIONS FOR ADDITIONAL SPE7 CIAL AREAS.—Not later than 2 years of the date of

8 the enactment of this Act, the committee shall pro9 vide Congress with recommendations for additional

10 special areas.

11 (3) CANDIDATE AREAS.—

12 (A) IN GENERAL.—Candidate areas for

13 recommendation as additional special area shall

14 have outstanding biological values that are ex15 emplary on a regional, national, and inter16 national level, including the presence of—

17 (i) threatened or endangered species

18 of plants or animals;

19 (ii) rare or endangered ecosystems;

20 (iii) key habitats necessary for the re21 covery of endangered or threatened species;

22 (iv) recovery or restoration areas of

23 rare or underrepresented forest eco24 systems;

25 (v) migration corridors;
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1 (vi) areas of outstanding biodiversity;

2 (vii) old growth forests;

3 (viii) commercial fisheries; and

4 (ix) sources of clean water such as key

5 watersheds.

6 (4) GOVERNING PRINCIPLE—The committee

7 shall adhere to the principles of conservation biology

8 in identifying special areas based on biological val9 ues.

10 SEC. 204. RESTRICTIONS ON MANAGEMENT ACTIVITIES IN

11 ANCIENT FORESTS, ROADLESS AREAS, WA12 TERSHED PROTECTION AREAS, SPECIAL

13 AREAS, AND FEDERAL BOUNDARY AREAS.

14 (a) RESTRICTION OF MANAGEMENT ACTIVITIES.—

15 On Federal land located in ancient forests, roadless areas

16 (except military installations), watershed protection areas

17 (except military installations), special areas, and Federal

18 boundary areas—

19 (1) no roads shall be constructed or recon20 structed;

21 (2) no extractive logging shall be permitted; and

22 (3) no improvements for the purpose of extrac23 tive logging shall be permitted.

24 (b) MAINTENANCE OF EXISTING ROADS.—
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1 (1) IN GENERAL.—Except as provided in para2 graph (2), the restrictions described in subsection

3 (a) shall not prohibit the maintenance of an im4 proved road, or any road accessing private

5 inholdings.

6 (2) ABANDONED ROADS.—Any road that the

7 Secretary concerned determines to have been aban8 doned before the date of enactment of this Act shall

9 not be maintained or reconstructed.

10 (c) ENFORCEMENT.—

11 (1) FEDERAL ENFORCEMENT.—The Secretary

12 concerned and the Attorney General of the United

13 States shall enforce this section against any person

14 that violates this section.

15 (2) CITIZEN SUITS.—

16 (A) IN GENERAL.—A citizen harmed by a

17 violation of this section may enforce this section

18 by bringing an action for a declaratory judg19 ment, a temporary restraining order, an injunc20 tion, statutory damages, or other remedy

21 against any alleged violator, including the

22 United States, in any district court of the

23 United States.
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1 (B) JUDICIAL RELIEF.—If a district court

2 of the United States determines that a violation

3 of this section has occurred, the district court—

4 (i) shall impose a damage award of

5 not less than $5,000;

6 (ii) may issue 1 or more injunctions

7 or other forms of equitable relief; and

8 (iii) shall award to each prevailing

9 party the reasonable costs of bringing the

10 action, including attorney’s fees, witness

11 fees, and other necessary expenses.

12 (C) STANDARD OF PROOF.—The standard

13 of proof in all actions under this paragraph

14 shall be the preponderance of the evidence.

15 (D) TRIAL.—A trial for any action under

16 this section shall be de novo.

17 (E) PAYMENT OF DAMAGES.—

18 (i) NON-FEDERAL VIOLATOR.—A

19 damage award under subparagraph (B)(i)

20 shall be paid by a non-Federal violator or

21 violators designated by the court to the

22 Treasury.

23 (ii) FEDERAL VIOLATOR.—

24 (I) IN GENERAL.—Not later than

25 40 days after the date on which judg-
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1 ment is rendered, a damage award

2 under subparagraph (B)(i) for which

3 the United States is determined to be

4 liable shall be paid from the Treasury,

5 as provided under section 1304 of title

6 31, United States Code, to the person

7 or persons designated to receive the

8 damage award.

9 (II) USE OF DAMAGE AWARD.—A

10 damage award described under sub11 clause (I) shall be used by the recipi12 ent to protect or restore native bio13 diversity on Federal land or on land

14 adjoining Federal land.

15 (III) COURT COSTS.—Any award

16 of costs of litigation and any award of

17 attorney fees shall be paid by a Fed18 eral violator not later than 40 days

19 after the date on which judgment is

20 rendered.

21 (3) WAIVER OF SOVEREIGN IMMUNITY.—

22 (A) IN GENERAL.—The United States (in23 cluding agents and employees of the United

24 States) waives its sovereign immunity in all re25 spects in all actions under this section.
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1 (B) NOTICE.—No notice is required to en2 force this subsection.

3 TITLE III—EFFECTIVE DATE

4 SEC. 301. IN GENERAL.

5 This Act and the amendments made by this Act take

6 effect on the date of enactment of this Act.

7 SEC. 302. EFFECT ON EXISTING CONTRACTS.

8 This Act and the amendments made by this Act shall

9 not apply to any contract for the sale of timber that was

10 entered into on or before the date of enactment of this

11 Act.

Æ