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[109th Congress Public Law 362]
[From the U.S. Government Printing Office]

[DOCID: f:publ362.109]

[[Page 2063]]

        NORTHERN CALIFORNIA COASTAL WILD HERITAGE WILDERNESS ACT

[[Page 120 STAT. 2064]]

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. <<NOTE: Oct. 17, 2006 -  [H.R. 233]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Northern California Coastal 
Wild Heritage Wilderness Act. Conservation.>> assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This <<NOTE: 16 USC 460sss note.>> 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. <<NOTE: 16 USC 1132 note.>> 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).

[[Page 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 <<NOTE: 16 USC 1132 
        note.>> 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 <<NOTE: 16 USC 1132 
        note.>> 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 <<NOTE: 16 USC 1132 note.>> 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 <<NOTE: 16 USC 1132 note.>> 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 <<NOTE: 16 USC 1132 
        note.>> 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 <<NOTE: 16 USC 1132 note.>> alps wilderness 
        addition.--
                    (A) In general.--Certain land in the Six Rivers 
                National Forest, comprising approximately 22,863 acres,

[[Page 120 STAT. 2066]]

                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 <<NOTE: 16 USC 1132 
        note.>> 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 <<NOTE: 16 USC 1132 
        note.>> 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 <<NOTE: 16 
        USC 1132 note.>> 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 <<NOTE: 16 USC 1132 note.>> 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.

[[Page 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) <<NOTE: Effective date.>> 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 <<NOTE: Deadline.>> 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.

[[Page 120 STAT. 2068]]

    (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 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.
    (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.--

[[Page 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 ``cherry-
        stemmed 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;

[[Page 120 STAT. 2070]]

            (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. <<NOTE: 16 USC 1132 note.>> 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 <<NOTE: Effective 
date.>> potential wilderness area shall be designated as wilderness and 
as a component of the National Wilderness Preservation System on the 
earlier of--
            (1) <<NOTE: Federal Register, publication.>> 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:

[[Page 120 STAT. 2071]]

    ``(__) 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; <<NOTE: Deadline.>> 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. <<NOTE: 16 USC 460sss.>> 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.

[[Page 120 STAT. 2072]]

            (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.

[[Page 120 STAT. 2073]]

    (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.

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.

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