PUBLIC LAW 109–362—OCT. 17, 2006

NORTHERN CALIFORNIA COASTAL WILD

HERITAGE WILDERNESS ACT

120 STAT. 2064 PUBLIC LAW 109–362—OCT. 17, 2006

Public Law 109–362

109th Congress

An Act

To designate certain National Forest System lands in the Mendocino and Six Rivers

National Forests and certain Bureau of Land Management lands in Humboldt,

Lake, Mendocino, and Napa Counties in the State of California as wilderness,

to designate the Elkhorn Ridge Potential Wilderness Area, to designate certain

segments of the Black Butte River in Mendocino County, California as a wild

or scenic river, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

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

California Coastal Wild Heritage Wilderness Act’’.

(b) TABLE OF CONTENTS.—The table of contents for this Act

is as follows:

Sec. 1. Short title and table of contents.

Sec. 2. Definition of Secretary.

Sec. 3. Designation of wilderness areas.

Sec. 4. Administration of wilderness areas.

Sec. 5. Release of wilderness study areas.

Sec. 6. Elkhorn Ridge Potential Wilderness Area.

Sec. 7. Wild and scenic river designation.

Sec. 8. King Range National Conservation Area boundary adjustment.

Sec. 9. Cow Mountain Recreation Area, Lake and Mendocino Counties, California.

Sec. 10. Continuation of traditional commercial surf fishing, Redwood National and

State Parks.

SEC. 2. DEFINITION OF SECRETARY.

In this Act, the term ‘‘Secretary’’ means—

(1) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and

(2) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior.

SEC. 3. DESIGNATION OF WILDERNESS AREAS.

In accordance with the Wilderness Act (16 U.S.C. 1131 et

seq.), the following areas in the State of California are designated

as wilderness areas and as components of the National Wilderness

Preservation System:

(1) SNOW MOUNTAIN WILDERNESS ADDITION.—

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

National Forest, comprising approximately 23,706 acres,

as generally depicted on the maps described in subparagraph (B), is incorporated in and shall considered to be

a part of the ‘‘Snow Mountain Wilderness’’, as designated

by section 101(a)(31) of the California Wilderness Act of

1984 (16 U.S.C. 1132 note; Public Law 98–425).

16 USC 1132

note.

16 USC 460sss

note.

Northern

California

Coastal Wild

Heritage

Wilderness Act.

Conservation.

Oct. 17, 2006

[H.R. 233]

PUBLIC LAW 109–362—OCT. 17, 2006 120 STAT. 2065

(B) DESCRIPTION OF MAPS.—The maps referred to in

subparagraph (A) are—

(i) the map entitled ‘‘Skeleton Glade Unit, Snow

Mountain Proposed Wilderness Addition, Mendocino

National Forest’’ and dated April 21, 2005; and

(ii) the map entitled ‘‘Bear Creek/Deafy Glade

Unit, Snow Mountain Wilderness Addition, Mendocino

National Forest’’ and dated July 21, 2006.

(2) SANHEDRIN WILDERNESS.—Certain land in the

Mendocino National Forest, comprising approximately 10,571

acres, as generally depicted on the map entitled ‘‘Sanhedrin

Proposed Wilderness, Mendocino National Forest’’ and dated

April 21, 2005, which shall be known as the ‘‘Sanhedrin Wilderness’’.

(3) YUKI WILDERNESS.—Certain land in the Mendocino

National Forest and certain land administered by the Bureau

of Land Management in Lake and Mendocino Counties, California, together comprising approximately 53,887 acres, as generally depicted on the map entitled ‘‘Yuki Proposed Wilderness’’

and dated May 23, 2005, which shall be known as the ‘‘Yuki

Wilderness’’.

(4) YOLLA BOLLY-MIDDLE EEL WILDERNESS ADDITION.—Certain land in the Mendocino National Forest and certain land

administered by the Bureau of Land Management in Mendocino

County, California, together comprising approximately 27,036

acres, as generally depicted on the map entitled ‘‘Middle Fork

Eel, Smokehouse and Big Butte Units, Yolla Bolly-Middle Eel

Proposed Wilderness Addition’’ and dated June 7, 2005, is

incorporated in and shall considered to be a part of the Yolla

Bolly-Middle Eel Wilderness, as designated by section 3 of

the Wilderness Act (16 U.S.C. 1132).

(5) SISKIYOU WILDERNESS ADDITION.—

(A) IN GENERAL.—Certain land in the Six Rivers

National Forest, comprising approximately 30,122 acres,

as generally depicted on the maps described in subparagraph (B), is incorporated in and shall be considered to

be a part of the Siskiyou Wilderness, as designated by

section 101(a)(30) of the California Wilderness Act of 1984

(16 U.S.C. 1132 note; Public Law 98–425).

(B) DESCRIPTION OF MAPS.—The maps referred to in

subparagraph (A) are—

(i) the map entitled ‘‘Bear Basin Butte Unit,

Siskiyou Proposed Wilderness Additions, Six Rivers

National Forest’’ and dated June 28, 2005; and

(ii) the map entitled ‘‘Blue Creek Unit, Siskiyou

Proposed Wilderness Addition, Six Rivers National

Forest’’ and dated July 21, 2006;

(6) MOUNT LASSIC WILDERNESS.—Certain land in the Six

Rivers National Forest, comprising approximately 7,279 acres,

as generally depicted on the map entitled ‘‘Mt. Lassic Proposed

Wilderness’’ and dated June 7, 2005, which shall be known

as the ‘‘Mount Lassic Wilderness’’.

(7) TRINITY ALPS WILDERNESS ADDITION.—

(A) IN GENERAL.—Certain land in the Six Rivers

National Forest, comprising approximately 22,863 acres,

16 USC 1132

note.

16 USC 1132

note.

16 USC 1132

note.

16 USC 1132

note.

16 USC 1132

note.

16 USC 1132

note.

120 STAT. 2066 PUBLIC LAW 109–362—OCT. 17, 2006

as generally depicted on the maps described in subparagraph (B) and which is incorporated in and shall be considered to be a part of the Trinity Alps Wilderness as designated by section 101(a)(34) of the California Wilderness

Act of 1984 (16 U.S.C. 1132 note; Public Law 98–425).

(B) DESCRIPTION OF MAPS.—The maps referred to in

subparagraph (A) are—

(i) the map entitled ‘‘East Fork Unit, Trinity Alps

Proposed Wilderness Addition, Six Rivers National

Forest’’ and dated September 17, 2004;

(ii) the map entitled ‘‘Horse Linto Unit, Trinity

Alps Proposed Wilderness Addition, Six Rivers

National Forest’’ and dated September 17, 2004; and

(iii) the map entitled ‘‘Red Cap Unit, Trinity Alps

Proposed Wilderness Addition, Six Rivers National

Forest’’ and dated June 7, 2005.

(8) CACHE CREEK WILDERNESS.—Certain land administered

by the Bureau of Land Management in Lake County, California,

comprising approximately 27,245 acres, as generally depicted

on the map entitled ‘‘Cache Creek Wilderness Area’’ and dated

July 22, 2006, which shall be known as the ‘‘Cache Creek

Wilderness’’.

(9) CEDAR ROUGHS WILDERNESS.—Certain land administered by the Bureau of Land Management in Napa County,

California, comprising approximately 6,350 acres, as generally

depicted on the map entitled ‘‘Cedar Roughs Wilderness Area’’

and dated September 27, 2004, which shall be known as the

‘‘Cedar Roughs Wilderness’’.

(10) SOUTH FORK EEL RIVER WILDERNESS.—Certain land

administered by the Bureau of Land Management in Mendocino

County, California, comprising approximately 12,915 acres, as

generally depicted on the map entitled ‘‘South Fork Eel River

Wilderness Area and Elkhorn Ridge Potential Wilderness’’ and

dated June 16, 2005, which shall be known as the ‘‘South

Fork Eel River Wilderness’’.

(11) KING RANGE WILDERNESS.—

(A) IN GENERAL.—Certain land administered by the

Bureau of Land Management in Humboldt and Mendocino

Counties, California, comprising approximately 42,585

acres, as generally depicted on the map entitled ‘‘King

Range Wilderness’’, and dated November 12, 2004, which

shall be known as the ‘‘King Range Wilderness’’.

(B) APPLICABLE LAW.—With respect to the wilderness

designated by subparagraph (A), in the case of a conflict

between this Act and Public Law 91–476 (16 U.S.C. 460y

et seq.), the more restrictive provision shall control.

(12) ROCKS AND ISLANDS.—

(A) IN GENERAL.—All Federally-owned rocks, islets, and

islands (whether named or unnamed and surveyed or

unsurveyed) that are located—

(i) not more than 3 geographic miles off the coast

of the King Range National Conservation Area; and

(ii) above mean high tide.

(B) APPLICABLE LAW.—In the case of a conflict between

this Act and Proclamation No. 7264 (65 Fed. Reg. 2821),

the more restrictive provision shall control.

16 USC 1132

note.

16 USC 1132

note.

16 USC 1132

note.

16 USC 1132

note.

PUBLIC LAW 109–362—OCT. 17, 2006 120 STAT. 2067

SEC. 4. ADMINISTRATION OF WILDERNESS AREAS.

(a) MANAGEMENT.—Subject to valid existing rights, each area

designated as wilderness by section 3 shall be administered by

the Secretary in accordance with the Wilderness Act (16 U.S.C.

1131 et seq.), except that—

(1) any reference in that Act to the effective date shall

be considered to be a reference to the date of enactment of

this Act; and

(2) any reference in that Act to the Secretary of Agriculture

shall be considered to be a reference to the Secretary that

has jurisdiction over the wilderness.

(b) MAP AND DESCRIPTION.— (1) IN GENERAL.—As soon as practicable after the date

of enactment of this Act, the Secretary shall file a map and

a legal description of each wilderness area designated by section

3 with—

(A) the Committee on Resources of the House of Representatives; and

(B) the Committee on Energy and Natural Resources

of the Senate.

(2) FORCE OF LAW.—A map and legal description filed under

paragraph (1) shall have the same force and effect as if included

in this Act, except that the Secretary may correct errors in

the map and legal description.

(3) PUBLIC AVAILABILITY.—Each map and legal description

filed under paragraph (1) shall be filed and made available

for public inspection in the appropriate office of the Secretary.

(c) INCORPORATION OF ACQUIRED LAND AND INTERESTS.—Any

land within the boundary of a wilderness area designated by this

Act that is acquired by the Federal Government shall—

(1) become part of the wilderness area in which the land

is located; and

(2) be managed in accordance with this Act, the Wilderness

Act (16 U.S.C. 1131 et seq.), and any other applicable law.

(d) WITHDRAWAL.—Subject to valid rights in existence on the

date of enactment of this Act, the Federal land designated as

wilderness by this Act is withdrawn from all forms of—

(1) entry, appropriation, or disposal under the public land

laws;

(2) location, entry, and patent under the mining laws;

and

(3) disposition under all laws pertaining to mineral and

geothermal leasing or mineral materials.

(e) FIRE, INSECT, AND DISEASE MANAGEMENT ACTIVITIES.—

(1) IN GENERAL.—The Secretary may take such measures

in the wilderness areas designated by this Act as are necessary

for the control and prevention of fire, insects, and diseases,

in accordance with—

(A) section 4(d)(1) of the Wilderness Act (16 U.S.C.

1133(d)(1)); and

(B) House Report No. 98–40 of the 98th Congress.

(2) REVIEW.—Not later than 1 year after the date of enactment of this Act, the Secretary shall review existing policies

applicable to the wilderness areas designated by this Act to

ensure that authorized approval procedures for any fire

management measures allow a timely and efficient response

to fire emergencies in the wilderness areas.

Deadline.

Effective date.

120 STAT. 2068 PUBLIC LAW 109–362—OCT. 17, 2006

(f) ACCESS TO PRIVATE PROPERTY.—

(1) IN GENERAL.—The Secretary shall provide any owner

of private property within the boundary of a wilderness area

designated by this Act adequate access to such property to

ensure the reasonable use and enjoyment of the property by

the owner.

(2) KING RANGE WILDERNESS.—

(A) IN GENERAL.—Subject to subparagraph (B), within

the wilderness designated by section 3(11), the access route

depicted on the map for private landowners shall also

be available for persons invited by the private landowners.

(B) LIMITATION.—Nothing in subparagraph (A) requires

the Secretary to provide any access to the landowners

or persons invited by the landowners beyond the access

that would be available if the wilderness had not been

designated.

(g) SNOW SENSORS AND STREAM GAUGES.—If the Secretary

determines that hydrologic, meteorologic, or climatological

instrumentation is appropriate to further the scientific, educational,

and conservation purposes of the wilderness areas designated by

this Act, nothing in this Act prevents the installation and maintenance of the instrumentation within the wilderness areas.

(h) MILITARY ACTIVITIES.—Nothing in this Act precludes lowlevel 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.

(i) LIVESTOCK.—Grazing of livestock and the maintenance of

existing facilities related to grazing in wilderness areas designated

by this Act, where established before the date of enactment of

this Act, shall be permitted to continue in accordance with—

(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.

1133(d)(4)); and

(2) the guidelines set forth in Appendix A of the report

of the Committee on Interior and Insular Affairs of the House

of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101–405).

(j) FISH AND WILDLIFE MANAGEMENT.—

(1) IN GENERAL.—In furtherance of the purposes of the

Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may

carry out management activities to maintain or restore fish

and wildlife populations and fish and wildlife habitats in wilderness areas designated by this Act if such activities are—

(A) consistent with applicable wilderness management

plans; and

(B) carried out in accordance with applicable guidelines

and policies.

(2) STATE JURISDICTION.—Nothing in this Act affects the

jurisdiction of the State of California with respect to fish and

wildlife on the public land located in the State.

(k) USE BY MEMBERS OF INDIAN TRIBES.—

(1) ACCESS.—In recognition of the past use of wilderness

areas designated by this Act by members of Indian tribes

for traditional cultural and religious purposes, the Secretary

shall ensure that Indian tribes have access to the wilderness

areas for traditional cultural and religious purposes.

(2) TEMPORARY CLOSURES.—

PUBLIC LAW 109–362—OCT. 17, 2006 120 STAT. 2069

(A) IN GENERAL.—In carrying out this section, the Secretary, on request of an Indian tribe, may temporarily

close to the general public 1 or more specific portions

of a wilderness area to protect the privacy of the members

of the Indian tribe in the conduct of the traditional cultural

and religious activities in the wilderness area.

(B) REQUIREMENT.—Any closure under subparagraph

(A) shall be made in such a manner as to affect the smallest

practicable area for the minimum period of time necessary

for the activity to be carried out.

(3) APPLICABLE LAW.—Access to the wilderness areas under

this subsection shall be in accordance with—

(A) Public Law 95–341 (commonly known as the ‘‘American Indian Religious Freedom Act’’) (42 U.S.C. 1996 et

seq.); and

(B) the Wilderness Act (16 U.S.C. 1131 et seq.).

(l) ADJACENT MANAGEMENT.—

(1) IN GENERAL.—Nothing in section 3 creates protective

perimeters or buffer zones around any wilderness area designated by section 3.

(2) NONWILDERNESS ACTIVITIES.—The fact that nonwilderness activities or uses can be seen or heard from areas within

a wilderness area designated by section 3 shall not preclude

the conduct of those activities or uses outside the boundary

of the wilderness area.

(m) CHERRY-STEMMED ROADS.—

(1) DEFINITION.—In this subsection, the term ‘‘cherrystemmed road’’ means a road that is excluded from the wilderness areas designated by section 3 by a non-wilderness corridor

having designated wilderness on both sides, as generally

depicted on the maps described in such section.

(2) CLOSURES AND RESTRICTIONS.—The Secretary shall

not—

(A) close any cherry-stemmed road that is open to

the public as of the date of the enactment of this Act;

(B) prohibit motorized access on a cherry-stemmed road

that is open to the public for motorized access as of the

date of the enactment of this Act; or

(C) prohibit mechanized access on a cherry-stemmed

road that is open to the public for mechanized access as

of the date of the enactment of this Act.

(3) EXCEPTIONS.—Nothing in this subsection shall be construed as precluding the Secretary from closing or restricting

access to a cherry-stemmed road for purposes of significant

resource protection or public safety.

SEC. 5. RELEASE OF WILDERNESS STUDY AREAS.

(a) FINDING.—Congress finds that, for the purposes of section

603 of the Federal Land Policy and Management Act of 1976 (43

U.S.C. 1782), any portion of a wilderness study area described

in subsection (b) that is not designated as wilderness by section

3 or any previous Act has been adequately studied for wilderness.

(b) DESCRIPTION OF STUDY AREAS.—The study areas referred

to in subsection (a) are—

(1) the King Range Wilderness Study Area;

(2) the Chemise Mountain Instant Study Area;

(3) the Red Mountain Wilderness Study Area;

120 STAT. 2070 PUBLIC LAW 109–362—OCT. 17, 2006

(4) the Cedar Roughs Wilderness Study Area; and

(5) those portions of the Rocky Creek/Cache Creek Wilderness Study Area in Lake County, California which are not

in R. 5 W., T. 12 N., sec. 22, Mount Diablo Meridian.

(c) RELEASE.—Any portion of a wilderness study area described

in subsection (b) that is not designated as wilderness by section

3 or any other Act enacted before the date of enactment of this

Act shall not be subject to section 603(c) of the Federal Land

Policy and Management Act of 1976 (43 U.S.C. 1782(c)).

SEC. 6. ELKHORN RIDGE POTENTIAL WILDERNESS AREA.

(a) DESIGNATION.—In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain public land in the State

administered by the Bureau of Land Management, compromising

approximately 11,271 acres, as generally depicted on the map entitled ‘‘South Fork Eel River Wilderness Area and Elkhorn Ridge

Potential Wilderness’’ and dated June 16, 2005, is designated as

a potential wilderness area.

(b) MANAGEMENT.—Except as provided in subsection (c) and

subject to valid existing rights, the Secretary shall manage the

potential wilderness area as wilderness until the potential wilderness area is designated as wilderness under subsection (d).

(c) ECOLOGICAL RESTORATION.—

(1) IN GENERAL.—For purposes of ecological restoration

(including the elimination of non-native species, removal of

illegal, unused, or decommissioned roads, repair of skid tracks,

and any other activities necessary to restore the natural ecosystems in the potential wilderness area), the Secretary may

use motorized equipment and mechanized transport in the

potential wilderness area until the potential wilderness area

is designated as wilderness under subsection (d).

(2) LIMITATION.—To the maximum extent practicable, the

Secretary shall use the minimum tool or administrative practice

necessary to accomplish ecological restoration with the least

amount of adverse impact on wilderness character and

resources.

(d) EVENTUAL WILDERNESS DESIGNATION.—The potential

wilderness area shall be designated as wilderness and as a component of the National Wilderness Preservation System on the earlier

of—

(1) the date on which the Secretary publishes in the Federal

Register notice that the conditions in the potential wilderness

area that are incompatible with the Wilderness Act (16 U.S.C.

1131 et seq.) have been removed; or

(2) the date that is 5 years after the date of enactment

of this Act.

(e) ADMINISTRATION AS WILDERNESS.—On its designation as

wilderness under subsection (d), the potential wilderness area shall

be—

(1) known as the ‘‘Elkhorn Ridge Wilderness’’; and

(2) administered in accordance with section 4 and the

Wilderness Act (16 U.S.C. 1131 et seq.).

SEC. 7. WILD AND SCENIC RIVER DESIGNATION.

(a) DESIGNATION OF BLACK BUTTE RIVER, CALIFORNIA.—Section

3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is

amended by adding at the end the following:

Federal Register,

publication.

Effective date.

16 USC 1132

note.

PUBLIC LAW 109–362—OCT. 17, 2006 120 STAT. 2071

‘‘(ll) 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.’’.

(b) PLAN; REPORT.— (1) IN GENERAL.—Not later than 18 months after the date

of enactment of this Act, the Secretary of Agriculture shall

submit to Congress—

(A) a fire management plan for the Black Butte River

segments designated by the amendment made by subsection (a); and

(B) a report on the cultural and historic resources

within those segments.

(2) TRANSMITTAL TO COUNTY.—The Secretary of Agriculture

shall transmit to the Board of Supervisors of Mendocino County,

California, a copy of the plan and report submitted under

paragraph (1).

SEC. 8. KING RANGE NATIONAL CONSERVATION AREA BOUNDARY

ADJUSTMENT.

Section 9 of Public Law 91–476 (16 U.S.C. 460y–8) is amended

by adding at the end the following:

‘‘(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.’’.

SEC. 9. COW MOUNTAIN RECREATION AREA, LAKE AND MENDOCINO

COUNTIES, CALIFORNIA.

(a) ESTABLISHMENT.—In order to enhance the recreational and

scenic values of the Cow Mountain area in Lake and Mendocino

Counties, California, while conserving the wildlife and other natural

resource values of the area, there is hereby established the Cow

Mountain Recreation Area (in this section referred to as the ‘‘recreation area’’) consisting of approximately 51,513 acres of land in

such counties, as generally depicted on the map entitled ‘‘Cow

Mountain Recreation Area’’ and dated July 22, 2006, including

the following:

(1) The ‘‘South Cow Mountain OHV Management Area’’,

as generally depicted on the map.

(2) The ‘‘North Cow Mountain Recreation Area’’, as generally depicted on the map.

(b) LEGAL DESCRIPTIONS; CORRECTION OF ERRORS.—

(1) PREPARATION AND SUBMISSION.—As soon as practicable

after the date of the enactment of this Act, the Secretary

of the Interior shall prepare a map and legal descriptions

of the boundaries of the recreation area. The Secretary shall

submit the map and legal descriptions to the Committee on

Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate.

16 USC 460sss.

Deadline.

120 STAT. 2072 PUBLIC LAW 109–362—OCT. 17, 2006

(2) LEGAL EFFECT.—The map and legal descriptions of the

recreation area shall have the same force and effect as if

included in this Act, except that the Secretary may correct

clerical and typographical errors in the map and legal descriptions. The map shall be on file and available for public inspection in appropriate offices of the Bureau of Land Management.

(c) ADMINISTRATION.— (1) IN GENERAL.—The Secretary of the Interior shall administer the recreation area in accordance with this section and

the laws and regulations generally applicable to the public

lands, including the Federal Land Policy and Management

Act of 1976 (43 U.S.C. 1701 et seq.).

(2) EXISTING RIGHTS.—The establishment of the recreation

area shall be subject to all valid existing rights.

(d) RECREATIONAL ACTIVITIES.— (1) IN GENERAL.—The Secretary of the Interior shall continue to authorize, maintain, and enhance the recreational use

of the land included in the recreation area, including motorized

recreation, hiking, camping, mountain biking, sightseeing, and

horseback riding, as long as such recreational use is consistent

with this section and other applicable law.

(2) OFF-ROAD AND MOTORIZED RECREATION.—Motorized

recreation shall be a prescribed use within the South Cow

Mountain OHV Management Area, occurring only on roads

and trails designated by the Secretary for such use, except

as needed for administrative purposes or to respond to an

emergency. Nothing in this paragraph shall be construed as

precluding the Secretary from closing any trail or route from

use for purposes of resource protection or public safety.

(3) MOUNTAIN BIKING.—Mountain biking shall be a prescribed use within the recreation area, occurring only on roads

and trails designated by the Secretary for such use. Nothing

in this paragraph shall be construed as precluding the Secretary

from closing any trail or route from use for purposes of resource

protection or public safety.

(e) ACCESS TO PRIVATE PROPERTY.—The Secretary of the

Interior shall provide any owner of private property within the

boundaries of the recreation area adequate access to the property

to ensure the reasonable use and enjoyment of the property by

the owner.

(f) LAND ACQUISITION.—

(1) ACQUISITION FROM WILLING PERSONS ONLY.—The Secretary of the Interior may acquire lands or interests in lands

in the recreation area only by—

(A) donation;

(B) exchange with a willing party, as expressed in

a written agreement between the Secretary and the party;

or

(C) purchase from a willing seller, as expressed in

a written agreement between the Secretary and the seller.

(2) ADMINISTRATION OF ACQUIRED LANDS.—Lands or

interests in lands within or adjacent to the boundaries of the

recreation area that are acquired by the Bureau of Land

Management, and title or possession of which is vested in

the United States after the date of the enactment of this

Act, shall be managed by the Secretary as part of the recreation

area.

PUBLIC LAW 109–362—OCT. 17, 2006 120 STAT. 2073

LEGISLATIVE HISTORY—H.R. 233 (S. 128):

SENATE REPORTS: No. 109–47 accompanying S. 128 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD, Vol. 152 (2006):

July 24, considered and passed House.

Sept. 29, considered and passed Senate.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):

Oct. 17, Presidential statement.

Æ

(g) ADJACENT MANAGEMENT.—Nothing in this section creates

protective perimeters or buffer zones around the recreation area.

SEC. 10. CONTINUATION OF TRADITIONAL COMMERCIAL SURF

FISHING, REDWOOD NATIONAL AND STATE PARKS.

(a) AVAILABILITY OF LIMITED NUMBER OF PERMITS.—For the

sole purpose of continuing traditional commercial surf fishing, the

Secretary of the Interior shall permit the right of entry for authorized vehicle access onto the wave slope area at that area known

as Gold Bluffs Beach, Prairie Creek Redwoods State Park, and

that portion of the beach north and south of Redwood Creek in

Redwood National and State Parks. The number of permits issued

under the authority of this section shall be limited to the number

of valid permits that were held on the date of enactment of this

Act. The permits so issued shall be perpetual and subject to the

same conditions as the permits held on the date of the enactment

of this Act.

(b) WAVE SLOPE AREA DEFINED.—In this section, the term

‘‘wave slope area’’ refers to the area that has been wet by the

wave action of the previous high tide, but does not include any

vegetated areas.

Approved October 17, 2006.