39–010 

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, 

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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 at the 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 

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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 BLMadministered 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 

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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 supVerDate Aug 04 2004 23:58 Mar 31, 2005 Jkt 039010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\SR047.XXX SR047
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pression 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. 

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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 conVerDate Aug 04 2004 23:58 Mar 31, 2005 Jkt 039010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR047.XXX SR047
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servation 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 

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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 

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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 BLMmanaged 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 

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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. 

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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 

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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 

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threat zone for a Community at Risk. Approximately onethird 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. 

14 

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 

15 

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. 

Æ