```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2712 Introduced in House (IH)]

104th CONGRESS
  1st Session
                                H. R. 2712

To promote balance between natural resources, economic development, and 
     job retention in Northwest California, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            December 5, 1995

 Mr. Riggs (for himself, Mr. Doolittle, Mr. Pombo, Mr. Taylor of North 
Carolina, and Mr. Radanovich) introduced the following bill; which was 
    referred to the Committee on Resources, and in addition to the 
Committee on Agriculture, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
To promote balance between natural resources, economic development, and 
     job retention in Northwest California, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Northwest 
California Forest Health and Economic Recovery Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
  TITLE I--DESIGNATION OF WILDERNESS AREAS IN THE KING RANGE NATIONAL 
 CONSERVATION AREA TO BE ADMINISTERED BY THE BUREAU OF LAND MANAGEMENT

Sec. 101. Short title.
Sec. 102. Findings and purpose.
Sec. 103. Designation of wilderness.
Sec. 104. Map and legal description.
Sec. 105. Wilderness review.
Sec. 106. Administration of wilderness areas.
Sec. 107. Future acquisitions.
Sec. 108. Disposition under mining laws.
Sec. 109. Traditional cultural and religious purposes.
               TITLE II--ACQUISITION OF HEADWATERS FOREST

Sec. 201. Short title.
Sec. 202. Findings and purpose.
Sec. 203. Definitions.
Sec. 204. Authorization of acquisition.
Sec. 205. Manner of acquisition.
Sec. 206. Property to be received by owners.
Sec. 207. Payments to local governments.
Sec. 208. Wilderness designation.
Sec. 209. National biological diversity reserve.
Sec. 210. Miscellaneous provisions.
                  TITLE III--ELKHORN RIDGE TIMBER SALE

Sec. 301. Substitution of timber for canceled timber sale.
             TITLE IV--SMITH RIVER NATIONAL RECREATION AREA

Sec. 401. Availability of timber for harvest in prescribed timber 
                            management area.
 TITLE V--CONTRACT OUT DEMONSTRATION OF RESOURCE MANAGEMENT ACTIVITIES

Sec. 501. Demonstration program at Six Rivers National Forest.
                   TITLE VI--HOOPA VALLEY RESERVATION

Sec. 601. Short title.
Sec. 602. Land transfer to reservation.
Sec. 603. Survey.
   TITLE VII--ADAPTIVE MANAGEMENT OF TIMBER RESOURCES FOR OLD GROWTH 
                           DEPENDENT SPECIES

Sec. 701. Preparation, implementation, and evaluation of adaptive 
                            management.
  TITLE VIII--DEL NORTE COUNTY UNIFIED SCHOOL DISTRICT LAND CONVEYANCE

Sec. 801. Conveyance.
Sec. 802. Property description.
Sec. 803. Consideration.
Sec. 804. Conditions of conveyance.
Sec. 805. Breach of covenant.
Sec. 806. Additional terms and conditions.

  TITLE I--DESIGNATION OF WILDERNESS AREAS IN THE KING RANGE NATIONAL 
 CONSERVATION AREA TO BE ADMINISTERED BY THE BUREAU OF LAND MANAGEMENT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``King Range Wilderness Act of 
1995''.

SEC. 102. FINDINGS AND PURPOSE.

    The Congress finds and declares that--
            (1) the public lands within the King Range National 
        Conservation Area are a unique public resource encompassing a 
        spectacular meeting of land and sea;
            (2) these rugged wildlands include 26 miles of untouched 
        seashore, the longest stretch of pristine beach along 
        California's Pacific Coast;
            (3) the extremely steep and rocky terrain, rising 
        dramatically from sea level to 4,000 feet within a distance of 
        only three miles, has historically formed a natural obstacle to 
        transportation and settlement;
            (4) these unique natural values have long been recognized, 
        culminating in the King Range being designated the Nation's 
        first National Conservation Area; and
            (5) in 1991, after extensive public involvement and 
        support, the Bureau of Land Management recommended most of the 
        area be included in the National Wilderness Preservation 
        System.

SEC. 103. DESIGNATION OF WILDERNESS.

    To provide an enduring resource of wildlands for the benefit of the 
American people and in furtherance of the purposes of the Wilderness 
Act, certain public lands, including the rocks and islands lying 
directly offshore from these lands, located in the Arcata Resource Area 
of the Bureau of Land Management, California comprising approximately 
24,660 acres, as generally depicted on a map entitled ``King Range 
Wilderness--Proposed'' and dated June 7, 1995, and which shall be known 
as the King Range Wilderness, are hereby designated as wilderness, and 
therefore, as a component of the National Wilderness Preservation 
System.

SEC. 104. MAP AND LEGAL DESCRIPTION.

    As soon as practicable after enactment of this Act, the Secretary 
of the Interior shall file a map and a legal description for the area 
designated as wilderness by this title with the Committee on Energy and 
Natural Resources of the Senate and the Committee on Resources of the 
House of Representatives. Such map and legal description shall have the 
same force and effect as if included in this Act, except that 
correction of clerical and cartographic errors in each such legal 
description and map may be made. Such map and legal description shall 
be on file and available for public inspection in the Offices of the 
Director and California State Director, Bureau of Land Management, 
Department of the Interior.

SEC. 105. WILDERNESS REVIEW.

    The Congress hereby finds and directs that all public lands in the 
King Range National Conservation Area managed by the Bureau of Land 
Management have been adequately studied for wilderness designation 
pursuant to sections 202 and 603 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1712, 1782). Those public lands 
within the King Range National Conservation Area managed by the Bureau 
of Land Management not designated as wilderness by this title are no 
longer subject to the requirements contained in section 603(c) of the 
Federal Lands Policy and Management Act of 1976 (43 U.S.C. 1782(c)) but 
shall be managed for the full range of nonwilderness multiple uses in 
accordance with land management plans adopted pursuant to section 202 
of such Act (43 U.S.C. 1712). Such lands shall not be managed for the 
purpose of protecting their suitability for wilderness designation or 
their wilderness character and shall remain available for nonwilderness 
multiple uses, subject to the requirements of other Federal laws.

SEC. 106. ADMINISTRATION OF WILDERNESS AREAS.

    Subject to valid existing rights, the area designated as wilderness 
by this title shall be administered in accordance with the provisions 
of the Wilderness Act (16 U.S.C. 1131 et seq.) and pursuant to the 
rules and regulations promulgated in implementation thereof.

SEC. 107. FUTURE ACQUISITIONS.

    Any lands within the boundaries of the area designated as 
wilderness by this title that are acquired by the United States after 
the date of the enactment of this Act shall become part of the 
wilderness area located and shall be managed in accordance with all the 
provisions of this title and other laws applicable to such wilderness 
area.

SEC. 108. DISPOSITION UNDER MINING LAWS.

    Except as otherwise provided in this title, and subject to valid 
existing rights, all Federal lands designated as wilderness by this 
title and all lands within areas designated as wilderness by this title 
which are acquired by the United States after the date of the enactment 
of this Act are hereby withdrawn from all forms of entry, 
appropriation, or disposal under the public lands laws, including the 
mining, mineral leasing, geothermal leasing, and material sales laws.

SEC. 109. TRADITIONAL CULTURAL AND RELIGIOUS PURPOSES.

    In recognition of the past use of portions of the area designated 
as wilderness by this title by Native Americans for traditional 
cultural and religious purposes, the Secretary shall assure access to 
the wilderness areas by Native Americans for traditional cultural and 
religious purposes.

               TITLE II--ACQUISITION OF HEADWATERS FOREST

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Headwaters Forest Acquisition and 
Protection Act''.

SEC. 202. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that:
            (1) The Headwaters Forest, consisting of approximately 
        3,000 acres and located in Humboldt County, California, is the 
        largest grove of old growth coastal redwoods remaining in 
        private ownership.
            (2) The owners of the Headwaters Forest and additional 
        acres are willing to consent to the public acquisition of such 
        acreage for just compensation upon and subject to the terms and 
conditions of this title.
            (3) Public acquisition of the Headwaters Forest, and an 
        additional ``buffer zone'' not to exceed 1,700 acres, upon and 
        subject to the terms and conditions of this title, is likely to 
        create employment opportunities in Humboldt County, California 
        and neighboring areas, eliminate the necessity for continued 
        costly and protracted litigation, contribute to the 
        preservation of biological diversity, and may enhance the 
        survival of certain species by maintenance of habitats.
            (4) The Headwaters Forest is zoned for commercial timber 
        production under the laws of the State of California and 
        Humboldt County. This zoning is consistent with the historical 
        use of this and surrounding property. The California Timber 
        Production Act of 1982 mandates that land under this zoning 
        shall be managed for maximum sustainable production of forest 
        products.
            (5) The State of California has the most stringent forestry 
        practice regulations in the United States. The Owners are 
        entitled to lawful use of their property under those 
        regulations, and all their timberlands are managed in 
        accordance with the same rules.
            (6) Since February 1990, the Owners have refrained from 
        harvesting the Headwaters Forest in order to avoid further 
        aggravating public controversy.
    (b) Purpose.--The purpose of this title is to provide for the 
public acquisition of the Headwaters Forest, and up to 1,700 additional 
acres, to provide for the protection of Headwaters Forest by 
designating it as wilderness, and to designate Headwaters Forest as a 
National Biological Diversity Reserve.

SEC. 203. DEFINITIONS.

    As used in this title--
            (1) the term ``Headwaters Forest'' means the area 
        consisting of approximately 3,000 acres and located in Humboldt 
        County, California, containing the largest grove of virgin old 
        growth coastal redwoods remaining in private ownership;
            (2) the term ``Headwaters Forest Addition'' means the lands 
        acquired by the Secretary under section 204(a);
            (3) the term ``Owners'' means the Pacific Lumber Company 
        and Corporations owned and controlled by the Pacific Lumber 
        Company;
            (4) the term ``Acquisition Agreement'' means the agreement 
        negotiated under section 205 between the Secretary and the 
        Owners; and
            (5) the term ``Secretary'' means the Secretary of the 
        Interior.

SEC. 204. AUTHORIZATION OF ACQUISITION.

    (a) In General.--(1) Upon and subject to the terms and conditions 
of this title, the Secretary shall acquire from the Owners the lands 
comprising approximately 4,700 acres, as generally depicted on the map 
entitled ``Headwaters Forest--Proposed''.
    (2) Upon the acquisition of the Headwaters Forest Addition, the 
Secretary shall refrain from designating any other timberland owned by 
the owners in Humboldt County, California, as critical habitat under 
the Endangered Species Act of 1973 and shall give owners credit for the 
habitat value of the Headwaters Forest Addition when issuing incidental 
take permits under that Act.
    (3) The designation of the Headwaters Forest Addition as a National 
Biological Diversity Reserve under section 209 shall be taken into 
account for the purposes of planning for Federal lands in Humboldt 
County, California, under the Forest and Rangeland Renewable Resources 
Planning Act of 1974 and the National Environmental Policy Act of 1969.
    (4) Nothing in this title is intended or shall be construed to 
evidence any intention by the Congress to authorize future acquisition 
of lands by the Secretary for the purpose of providing additional 
buffer area for the Headwaters Forest or Headwaters Forest Addition.
    (b) Certain Consents.--Lands and interests in lands within the 
Headwaters Forest Addition may not be acquired by the Secretary 
pursuant to this title without the consent of the Owners.
    (c) Donations.--Notwithstanding any other provision of law, the 
Secretary may accept and expend donations of funds, property, or 
services from the State of California for the purpose of acquiring the 
Headwaters Forest Addition under this title.

SEC. 205. MANNER OF ACQUISITION.

    (a) In General.--The Secretary shall forthwith enter into 
negotiations with the Owners for a written agreement providing for the 
acquisition of the Headwaters Forest Addition at its appraised fair 
market value in exchange for--
            (1) the land containing harvestable timber and the 
        marketable timber harvesting rights referred to in sections 
        106(b) and (c); and
            (2) the other property referred to in section 206(d), but 
        only to the extent the appraised fair market value of the 
        Headwaters Forest exceeds the appraised fair market value of 
        the land containing harvestable timber and the marketable 
        timber harvesting rights referred to in sections 106(b) and 
        (c).
    (b) Conclusive Effect of Acquisition Agreement.--Subject only to 
the express terms of this title, neither the execution and delivery of 
the Acquisition Agreement by the Secretary, nor the appraisals and 
determinations made under this title, nor the performance of such 
Acquisition Agreement by the Secretary in accordance with its terms, 
shall be subject to review by any administrative or judicial body or 
authority.
    (c) Effect of Failure to Reach Agreement.--(1) The authority of the 
Secretary to acquire lands or interests in lands pursuant to this title 
shall expire with respect to any portion of the Headwaters Forest 
Addition the acquisition of which is not consummated within 18 months 
following the date of the enactment of this Act pursuant to an 
agreement entered into under subsection (a) by the Secretary and the 
Owners within 12 months after the date of the enactment of this Act, 
unless the Secretary and the Owners mutually agree to extend either the 
12-month or the 18-month deadline, or both. The deadline for 
consummating the exchange may not be extended beyond 36 months after 
the date of the enactment of this Act.
    (2) If the exchange is not consummated before the deadline 
specified in paragraph (1), any otherwise lawful activity taken by the 
Owners in the Headwaters Forest Addition which results in a taking 
otherwise prohibited by section 9(a)(1)(B) of the Endangered Species 
Act of 1973 (16 U.S.C. 1538(a)(1)(B)) which is incidental to, and not 
the purpose of, the carrying out of the activity, shall be permitted.
    (3) Until the Headwaters Forest Addition is acquired pursuant to 
this title within the time specified in paragraph (1) (including any 
extension under paragraph (1)), the Owners and their designees shall be 
entitled to the full and lawful use and enjoyment thereof and nothing 
in this title shall be construed--
            (A) to impose any limitation upon any otherwise lawful use 
        of such lands;
            (B) as authority to defer the submission, review, approval, 
        or implementation of any timber harvest or similar plan with 
        respect to any portion of such lands; or
            (C) to grant a cause of action against all or any of the 
        Owners thereof or their designees for engaging in the lawful 
        use of such lands.
    (d) Special Rules.--The following rules shall apply with respect to 
the negotiation, execution, delivery and consummation of the 
Acquisition Agreement pursuant to this title:
            (1) The ``appraised fair market values'' of the Headwaters 
        Forest Addition and of the land containing harvestable timber 
        referred to in section 206(b) and the marketable timber 
        harvesting rights referred to in section 206(c) shall be 
        determined as of the date of the enactment of this Act by 
        independent appraisers, each of whom shall be qualified and 
        experienced in appraising timberland. The Secretary and the 
        Owners shall each appoint one such appraiser within 30 days 
        after the date of the enactment of this Act and the two 
        appraisers so selected shall mutually select the third 
        appraiser within 30 days thereafter. If the fair market values 
        of any property or right as determined by the three appraisers 
        are not the same, the lowest of the three appraisals shall be 
        disregarded and the appraised fair market value of such 
        property or right shall be deemed to be equal to the average of 
        the two remaining appraisals.
            (2) The ``fair market values'' of the Headwaters Forest 
        Addition, and of the land containing harvestable timber 
        referred to in section 206(b) and the marketable timber 
        harvesting rights referred to in section 206(c), shall, as set 
        forth in the Uniform Standards for Federal Land Acquisitions, 
        be equal to the amount of cash, or in terms reasonably 
        equivalent to cash, for which in all probability the property 
        or rights would be sold by a knowledgeable owner who is willing 
        but not obligated to sell to a knowledgeable purchaser who is 
        willing but not obligated to buy; except that no reduction 
        shall be made in the appraised fair market value of the 
        Headwaters Forest Addition to reflect the use thereof by the 
        Secretary to provide critical habitat mitigation pursuant to 
        sections 104(a)(2) and (3) and applicable law. The fair market 
        value of any property referred to in section 206(d) shall be as 
        mutually determined by the Secretary and the Owners. If they 
        cannot agree, they shall utilize an appraisal process similar 
        to that described in paragraph (1).
            (3) The authority of the Secretary to acquire lands and 
        interests in lands pursuant to this title is expressly limited 
        to the 4,700 acres comprising the Headwaters Forest Addition, 
        and, to reduce the cost of acquisition, the Secretary may, in 
        his sole discretion--
                    (A) decline to purchase any portion of the 1,700 
                additional acres surrounding the Headwaters Forest; and
                    (B) allow legal uses to be undertaken or continued 
                on such 1,700 acres,
        if the Secretary determines that such failure to purchase or 
        use, as the case may be, will not result in significant 
        ecological damage to the Headwaters Forest.
            (4) The Acquisition Agreement shall give the Secretary 
        adequate assurances of reasonable and perpetual access by the 
        United States and its designated representatives to the 
        Headwaters Forest through other lands of the Owners, upon 
        reasonable terms and conditions as detailed in the Acquisition 
        Agreement. Such reasonable access shall not interfere with the 
        established legal uses or business operations of the Owners and 
        others on lands not acquired by the United States pursuant to 
        this title.
            (5) The Acquisition Agreement shall allow for the Owners' 
        continued access to and commercial operation of two gravel 
        quarries in the 1,700 acres, unless the Owners are adequately 
        compensated for foregoing such access and commercial operation.
            (6) The Acquisition Agreement shall allow for the orderly 
        termination of operations on lands acquired by the United 
        States pursuant to this title and for the removal by the Owners 
        and others of their equipment, facilities, and personal 
        property therefrom.
            (7) The Acquisition Agreement shall give the Owners 
        assurances that the Headwaters Forest shall be managed by the 
        United States so as not to interfere with the lawful conduct of 
        business operations, including timber harvesting on privately 
        owned lands adjacent to the Headwaters Forest.
            (8) The Acquisition Agreement shall provide for copies 
        thereof to be supplied promptly to the Committee on 
        Agriculture, the Committee on Appropriations and the Committee 
        on Resources of the House of Representatives and the Committee 
        on Agriculture, Nutrition and Forestry, the Committee on 
        Appropriations, and the Committee on Energy and Natural 
        Resources of the Senate.
            (9) If the Acquisition Agreement provides for the transfer 
        to the Owners of property described in section 206(d), such 
        Agreement shall provide--
                    (A) for a closing date, which shall be the date for 
                consummation of the transactions provided for by this 
                title and by the Acquisition Agreement and which shall 
                be at least 45 days after the date on which the 
                Secretary and the Owners execute the Acquisition 
                Agreement and at least 45 days after the date on which 
                the Acquisition Agreement is submitted to the 
                committees specified in paragraph (8); and
                    (B) for termination of the Secretary's obligations 
                under the Acquisition Agreement if legislation 
                disapproving the Acquisition Agreement is enacted on or 
                before the date on which the transactions contemplated 
                by the Acquisition Agreement are consummated.

SEC. 206. PROPERTY TO BE RECEIVED BY OWNERS.

    (a) In General.--Effective upon and simultaneous with the 
acquisition of the Headwaters Forest by the Secretary pursuant to this 
title, there shall be vested in the Owners the land containing 
harvestable timber, the marketable timber harvesting rights, and the 
other property to which the Owners are entitled under the Acquisition 
Agreement.
    (b) Area of Priority.--(1) In determining which property and 
property rights to transfer to the Owners under this title, the 
Secretary shall give priority to land containing harvestable timber 
held by the Secretary located in Humboldt County, California, and north 
of the baseline of Township 3 South.
    (2) The rights described in subsection (c) of this section and the 
other property described in subsection (d) of this section shall only 
be transferred to the extent that the value of the Headwaters Forest 
Addition exceeds the value of land described in this subsection.
    (c) Marketable Timber Harvesting Rights.--(1) There shall be 
transferred to the Owners such timber harvesting rights on lands 
administered by the Bureau of Land Management in California as the 
Secretary determines, within 60 days following the date of the 
enactment of this Act, to be appropriate. In making the determination 
required by the preceding sentence, the Secretary shall reserve 
appropriate areas for logging by persons other than the Owners.
    (2) In no event shall the Secretary designate for transfer any land 
under subsection (b) of this section or rights under this subsection 
unless the Secretary determines after reasonable inquiry that the 
harvesting of the timber represented by such rights will be neither 
denied nor delayed by reason of any law or rule of law, or any judicial 
or administrative interpretation thereof, of the United States, the 
State of California or any subdivision thereof with respect to habitat, 
endangered species, or similar matters and so certifies in writing to 
the Owners.
    (3) Any timber harvesting rights transferred to the Owners pursuant 
to this subsection shall be in such form as the Owners may reasonably 
request to permit the Owners to sell or otherwise transfer such rights 
upon their receipt.
    (d) Other Property.--(1) To the extent the amount of the appraised 
fair market value of the Headwaters Forest Addition exceeds the amount 
of the appraised fair market value of the land containing harvestable 
timber and the marketable timber harvesting rights referred to in 
subsections (b) and (c), as are actually received by the Owners, there 
shall be transferred to the Owners such other property (excluding 
unliquidated claims or obligations of any party) of the United States 
determined by the Secretary and the Owners to be both suitable for 
inclusion in the exchange and to have a fair market value at least 
equal to the amount of such excess.
    (2) To facilitate consummation of the exchanges contemplated by 
this title, the Secretary shall, within 60 days after the date of the 
enactment of this Act, provide to the Owners a list of the properties 
from which the Secretary will select any properties ultimately to be 
transferred to the Owners pursuant to this subsection. Such properties 
shall in no event be limited to properties under the administrative 
jurisdiction of the Secretary on the date of the enactment of this Act.
    (3) In selecting properties actually to be transferred to the 
Owners pursuant to this subsection, the Secretary shall give priority 
to those properties designated by the Owners within 60 days following 
the receipt by the Owners of the list of properties compiled by the 
Secretary pursuant to this subsection.
    (e) Special Rule for Federal Transfers.--For purposes of making an 
exchange under this title, property under the jurisdiction of any other 
department, agency, or instrumentality of the United States may be 
transferred, subject to any advance approval of the transfer otherwise 
required by law, to the administrative jurisdiction of the Secretary if 
the Secretary identifies the property as suitable for use in making 
such exchange. To facilitate approval of a transfer of property under 
this subsection, the Secretary shall promptly submit to the Committees 
referred to in section 205(d)(8) proposed legislation providing for the 
approvals otherwise required in connection with any such proposed 
transfer. The transfer of any property under this subsection shall be 
made without compensation to the transferring department, agency, or 
instrumentality.

SEC. 207. PAYMENTS TO LOCAL GOVERNMENTS.

    (a) Payment in Lieu of Taxes.--Solely for purposes of payments made 
pursuant to chapter 69 of title 31 of the United States Code, all lands 
comprising Headwaters Forest Addition to which the Secretary takes 
ownership pursuant to this title shall be deemed to have been acquired 
for the purposes specified in section 6904(a) of such title 31.
    (b) 10-Year Payment.--(1) Subject to annual appropriations and the 
provisions of subsection (c), for a period of 10 years after 
acquisition by the United States of lands acquired by the Secretary 
pursuant to this title, the Secretary, with respect to such acquired 
lands, shall make annual payments to Humboldt County in the State of 
California in an amount equal to the State of California Timber Yield 
Tax revenues payable under the California Revenue and Taxation Code 
(sec. 38101 et seq.) in effect as of the date of enactment of this Act 
that would have been paid with respect to such lands if the lands had 
not been acquired by the United States, as determined by the Secretary 
pursuant to this subsection.
    (2) The Secretary, in consultation with the Humboldt County, 
California, assessor, shall determine the amounts to be paid pursuant 
to paragraph (1) of this subsection based on consideration of a variety 
of factors including, but not limited to--
            (A) timber actually sold in the subject year from 
        comparable commercial forest lands of similar soil type, slope 
        and such determination of appropriate timber harvest levels,
            (B) comparable timber size class, age, and quality,
            (C) market conditions,
            (D) all applicable Federal, State, and local laws and 
        regulations, and
            (E) the goal of sustainable, even-flow harvest or renewable 
        timber resources.
    (c) California Timber Yield Tax.--The amount of State of California 
Timber Yield Tax payments paid to Humboldt County in any year pursuant 
to the laws of California for timber sold from lands acquired under 
this title shall be deducted from the sums to be paid to Humboldt 
County in that year under subsection (b).

SEC. 208. WILDERNESS DESIGNATION.

    (a) Designation.--In furtherance of the purposes of the Wilderness 
Act (16 U.S.C. 1131-1136), effective upon acquisition under section 
204, lands in the State of California which are within the areas 
generally depicted on the map referred to in section 204(a)(1) as the 
``Headwaters Forest Wilderness--Proposed'' are designated as wilderness 
and therefore as a component of the National Wilderness Preservation 
System. Such lands shall be known as the Headwaters Forest Wilderness.
    (b) Map and Description.--As soon as practicable after the 
inclusion of any lands in the Headwaters Forest Wilderness, the 
Secretary shall file a map and a legal description of the area so 
included with the Committee on Resources of the House of 
Representatives and with the Committee on Energy and Natural Resources 
of the Senate. The Secretary may correct clerical and typographical 
errors in such legal description and such map. Such map and legal 
description shall be on file and available for public inspection in the 
offices of the California State Director of the Bureau of Land 
Management, and in the offices of the Ukiah District Manager of the 
Bureau of Land Management.
    (c) Administration.--Subject to valid existing rights, the 
Secretary, acting through the Director of the Bureau of Land 
Management, shall administer the lands designated as wilderness under 
subsection (a) in accordance with the provisions of the Wilderness Act 
governing areas designated by that Act as wilderness, except that any 
reference in such provisions to the effective date of the Wilderness 
Act (or any similar reference) shall be deemed to be a reference to the 
date of acquisition of such lands under section 204 of this Act.
    (d) State Authority Over Fish and Wildlife.--As provided in section 
4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this 
Act shall be construed as affecting the jurisdiction or 
responsibilities of the State of California with respect to wildlife 
and fish in any areas designated by this Act as wilderness.

SEC. 209. NATIONAL BIOLOGICAL DIVERSITY RESERVE.

    Effective upon acquisition under section 204 or the enactment of an 
Act of Congress authorizing the establishment of national biological 
diversity reserves, whichever is later, lands in the State of 
California which are within the areas generally depicted on the map 
referred to in section 204(a)(1) as the ``Headwaters Forest 
Wilderness--Proposed'' are designated as a National Biological 
Diversity Reserve under Federal law and shall be administered 
accordingly.

SEC. 210. MISCELLANEOUS PROVISIONS.

    (a) Donated Property.--The Secretary is authorized to accept 
donations of property for use pursuant to section 205 in acquiring the 
Headwaters Forest Addition. Notwithstanding any other provision of law, 
the Secretary may convey such property to the Owners and such property 
shall be available for such purposes without further appropriation and 
without fiscal year limitation.
    (b) Buffer Zones.--(1) The Congress does not intend that 
designation of any area as wilderness under section 208 lead to the 
creation of protective perimeters or buffer zones around the wilderness 
area. The fact that nonwilderness activities or uses can be seen or 
heard from areas within a wilderness shall not, of itself, preclude 
such activities or uses up to the boundary of the wilderness area.
    (2) Nothing in this title shall lead to or result in the creation 
of protective perimeters or buffer zones in privately owned timberlands 
around or adjacent to the Headwaters Forest Addition which are not 
acquired pursuant to this title.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to defray the costs of the 
United States in participating in the transactions authorized by this 
title.

                  TITLE III--ELKHORN RIDGE TIMBER SALE

SEC. 301. SUBSTITUTION OF TIMBER FOR CANCELED TIMBER SALE.

    (a) In General.--Notwithstanding the provisions of the Act of July 
31, 1947 (30 U.S.C. 601 et seq.), and the requirements of section 
5402.0-6 of title 43, Code of Federal Regulations, the Secretary of the 
Interior, acting through the Bureau of Land Management, is authorized 
to substitute, without competition, a contract for timber identified 
for harvest located on public lands administered by the Bureau of Land 
Management in the State of California of comparable value for the 
following terminated timber contract: Elkhorn Ridge Timber Sale, 
Contract No. CA-050-TS-88-01.
    (b) Disclaimer.--Nothing in this section shall be construed as 
changing any law or policy of the Federal Government beyond the timber 
sale substitution specified in this section.

             TITLE IV--SMITH RIVER NATIONAL RECREATION AREA

SEC. 401. AVAILABILITY OF TIMBER FOR HARVEST IN PRESCRIBED TIMBER 
              MANAGEMENT AREA.

    (a) Annual Sale Amounts.--In the case of the Smith River National 
Recreation Area established by section 4 of the Smith River National 
Recreation Area Act (16 U.S.C. 460bbb-2), the amount of timber offered 
for sale each year from the prescribed timber management area 
identified in section 5(b)(2)(G) of such Act (16 U.S.C. 460bbb-
3(b)(2)(G)) shall be between 2,000,000 and 5,000,000 board feet.
    (b) Protection of Species Habitat.--Administration of the other 
seven management areas of the Smith River National Recreation Area, as 
identified in section 5(b)(2) of such Act (16 U.S.C. 460bbb-3(b)(2)), 
in a manner consistent with the land and resource management plan for 
the Six Rivers National Forest shall be deemed to be sufficient 
protection of species habitat for the purposes of the Forest and 
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et 
seq.) and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

 TITLE V--CONTRACT OUT DEMONSTRATION OF RESOURCE MANAGEMENT ACTIVITIES.

SEC. 501. DEMONSTRATION PROGRAM AT SIX RIVERS NATIONAL FOREST.

    (a) Demonstration Program Required.--During the five-year period 
beginning on the date of the enactment of this Act, the Secretary of 
Agriculture shall conduct a demonstration program to contract out to 
the private sector certain resource management activities at the Six 
Rivers National Forest in the State of California. In contracting out 
such activities, the Secretary shall endeavor, to the greatest extent 
practicable, to utilize private sector skills in communities adversely 
affected by reductions in the timber sale program for the National 
Forest System.
    (b) Types of Activities Contracted Out.--Except as provided in 
subsection (c), the types of resource management activities that may be 
contracted out under the demonstration program include the following:
            (1) Preparation of analyses required under Option 9 of the 
        Final Supplemental Environmental Impact Statement on Management 
        of Habitat for Late Successional and Old Growth Forests Related 
        Species within the Range of the Northern Spotted Owl.
            (2) Preparation of environmental assessments required in 
        connection with timber sales in the Six Rivers National Forest.
            (3) Performance of resource field work.
            (4) Performance of forest plan implementation monitoring.
    (c) Retained Activities.--The Secretary shall continue to use 
employees of the Forest Service to conduct forest planning and set 
resource management outputs for the Six Rivers National Forest, 
including timber sale levels.
    (d) Funding.--Using not less than 50 percent of the funds 
appropriated for administration of the Six Rivers National Forest, the 
Secretary shall enter into contracts for the performance of the 
activities described in subsection (b).
    (e) Annual Report.--During each year of the demonstration program, 
the Secretary shall submit to Congress an annual report and evaluation 
of the demonstration program.

                   TITLE VI--HOOPA VALLEY RESERVATION

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Hoopa Valley Reservation South 
Boundary Correction Act''.

SEC. 602. LAND TRANSFER TO RESERVATION.

    (a) In General.--All right, title, and interest of the United 
States in and to the lands described in subsection (b) shall hereafter 
be held in trust by the United States for the benefit of the Hoopa 
Valley Tribe and shall be part of the Hoopa Valley Reservation.
    (b) Lands Described.--The lands referred to in subsection (a) are 
those portions of Townships 7 North and 8 North, Ranges 5 East and 6 
East, Humboldt Meridian, California, within a boundary beginning at a 
point on the current south boundary of the Hoopa Valley Indian 
Reservation, marked and identified as ``Post H.V.R. No. 8'' on the Plat 
of the Hoopa Valley Indian Reservation prepared from a field survey 
conducted by C.T. Bissel, Augustus T. Smith and C.A. Robinson, Deputy 
Surveyors, approved by the Surveyor General, H. Pratt, March 18, 1892, 
and extending from said point on a bearing of north 72 degrees 30 
minutes east, until intersecting with a line beginning at a point 
marked as ``Post H.V.R. No. 3'' on said survey and extending on a 
bearing of south 15 degrees 59 minutes east, comprising 2,641 acres 
more or less.

SEC. 603. SURVEY.

    The Secretary of the Interior, acting through the Bureau of Land 
Management, shall survey and monument that portion of the boundary of 
the Hoopa Valley Reservation established by the addition of lands made 
by section 602.

   TITLE VII--ADAPTIVE MANAGEMENT OF TIMBER RESOURCES FOR OLD GROWTH 
                           DEPENDENT SPECIES

SEC. 701. PREPARATION, IMPLEMENTATION, AND EVALUATION OF ADAPTIVE 
              MANAGEMENT.

    (a) Preparation of Adaptive Management Research Plan.--Not later 
than one year after the date of the enactment of this Act, the 
Secretary of Agriculture shall submit to Congress a research plan, 
including supporting environmental documents, that provides for the 
implementation and evaluation of controlled silvicultural treatments in 
late successional and old growth timber stands in the units of the 
National Forest System specified in subsection (b) for the purpose of 
testing the effect of selected partial-cut harvesting of late 
successional and old growth timber on old growth dependent species, 
such as the northern spotted owl.
    (b) Application of Research Plan.--Beginning with the second field 
season beginning after the date of the enactment of this Act, the 
Secretary shall implement the research plan in the following units of 
the National Forest System:
            (1) The Hayfork Adaptive Management Area in the Shasta-
        Trinity National Forest and the Six Rivers National Forest, 
        California.
            (2) The Lower Trinity and Mad River Ranger Districts in the 
        Six Rivers National Forest.
    (c) Use of Research Service.--The Secretary shall prepare and 
implement the research plan, including supporting environmental 
documents, using the Pacific Southwest Research Branch of the Forest 
Service.
    (d) Workforce Necessary To Implement Research Plan.--Administrative 
and resource management activities historically provided in the units 
of the National Forest System specified in subsection (b) by the 
National Forest Systems Branch, including the planning, preparation, 
and monitoring of this subtitle, shall be conducted by private 
contractors. The Secretary shall select private contractors on the 
basis of the skills necessary to perform the anticipated task, with 
special consideration given to local contractors that reside in 
communities adversely affected by reductions in the timber sale program 
for the National Forest System. The Secretary shall use at least 75 
percent of the funds calculated under subsection (e) for payments to 
private contractors for planning, implementation, and monitoring of the 
research plan.
    (e) Funding.--
            (1) Transfers of funds.--Funds necessary to carry out this 
        subtitle shall be transferred from the National Forest Systems 
        Funding to National Forest Research on an annual basis.
            (2) Calculation of amounts.--The amount of funding that the 
        National Forest Research receives for purposes of this subtitle 
        shall be calculated as follows:
                    (A) The total acres within the Lower Trinity Ranger 
                and Mad River Ranger Districts plus the acres within 
                the Hayfork Adaptive Management Area within the Mad 
                River District divided by the total acres of the Six 
                Rivers National Forest times the total budget for the 
                preceding fiscal year including trust funds for the Six 
                Rivers National Forest; plus
                    (B) The total acres within the Hayfork Adaptive 
                Management Area divided by the total acres on the 
                Shasta-Trinity National forest times the total budget 
                of the preceding year including trust funds for the 
                Shasta-Trinity National Forests.
            (3) Exclusion of fire suppression costs.--When calculating 
        the budget for the preceding year for the Six Rivers and Shasta 
        Trinity National Forests, fire suppression cost shall not be 
        considered.
    (f) Scheduled Silvicultural Treatments.--Silvicultural treatments 
under the research plan shall be conducted during the nine consecutive 
years beginning with the implementation of the research plan. 
Silvicultural treatments shall be performed on not less than 50 percent 
of the late successional and old growth timber stands located in the 
areas specified in subsection (b). The total number of acres being 
treated in the first five years shall not vary more than 20 percent 
from \1/9\ of the total treatment acres described in the research plan.
    (g) Use of Receipts.--
            (1) In general.--The Secretary shall use receipts generated 
        from the sale of forest products resulting from silvicultural 
        treatments under the research plan to implement vegetative 
        management activities, fuels treatment activities, and 
        watershed improvement projects both inside and outside late 
        successional and old growth stands but within the Trinity River 
        and Mad River Watersheds.
            (2) Monitoring activities.--Receipts in excess of 50 cents 
        per thousand board feet generated from the sale of forest 
        products under the research plan shall be deposited in the 
        special fund established under section 3 of the Act of June 9, 
        1930 (16 U.S.C. 576b) (commonly known as the Knutson-Vanderberg 
        Act). Monitoring activities under subsection (h) shall qualify 
        for funding under such section, except that the amount expended 
        on monitoring of projects associated with this section shall 
        not exceed the receipts deposited.
    (h) Monitoring Activities.--The Secretary shall commence monitoring 
of the effects of research activities under the research program 
immediately after implementation of the research plan. Monitoring 
activities shall continue for a period of not less than 15 years. 
Monitoring shall include the analysis of short-term impacts to old 
growth dependent species, including movement and activity patterns and 
long-term demographic pattern changes associated with implementation of 
the silvicultural activities.

  TITLE VIII--DEL NORTE COUNTY UNIFIED SCHOOL DISTRICT LAND CONVEYANCE

SEC. 801. CONVEYANCE.

    As soon as practicable after the date of the enactment of this Act, 
the Secretary of Agriculture shall convey to the Del Norte County 
Unified School District of Del Norte County, California, all right, 
title, and interest of the United States in and to the property 
described in section 802.

SEC. 802. PROPERTY DESCRIPTION.

    The property referred to in section 801 is that portion of Township 
17 North, Range 2 East, Humboldt Meridian in Del Norte County, 
California, which is further described as follows:
            Beginning at Angle Point No. 3 of Tract 41 as resurveyed by 
        the Bureau of Land Management under survey Group No. 1013, 
        approved August 13, 1990, and shown on the official plat 
        thereof; thence on the line between Angle Points No. 3 and No. 
        4 of Tract 41, North 89 degrees, 24 minutes, 20 seconds East, a 
        distance of 345.44 feet to Angle Point No. 4 of Tract 41; 
        thence on the line between Angle Points No. 4 and No. 5 of 
        Tract 41, South 00 degrees, 01 minutes, 20 seconds East, a 
        distance of 517.15 feet; thence West, a distance of 135.79 
        feet; thence North 88 degrees, 23 minutes, 01 seconds West, a 
        distance of 61.00 feet; thence North 39 degrees, 58 minutes, 18 
        seconds West, a distance of 231.37 feet to the East line of 
        Section 21, Township 17 North, Range 2 East; thence along the 
        East line of Section 21, North 00 degrees, 02 minutes, 20 
        seconds West, a distance of 334.53 feet to the point of 
        beginning.

SEC. 803. CONSIDERATION.

    The conveyance provided for in section 801 shall be without 
consideration except as required by this title.

SEC. 804. CONDITIONS OF CONVEYANCE.

    The conveyance provided for in section 801 shall be subject to the 
following conditions:
            (1) The Del Norte County Unified School District shall 
        covenant that the property conveyed pursuant to section 801 
        will be used primarily for educational or recreational 
        purposes, or both, for a minimum of 25 years after the date of 
        the conveyance.
            (2) Del Norte County shall be provided, for no 
        consideration, an easement for County Road No. 318 which 
        crosses the Northeast corner of the property conveyed.
            (3) The Pacific Power and Light Company shall be provided, 
        for no consideration, an easement for utility equipment as 
        necessary to maintain the level of service provided by the 
        utility equipment on the property as of the date of the 
        conveyance.
            (4) The United States shall be provided, for no 
        consideration, an easement to provide access to the United 
        States property that is south of the property conveyed.

SEC. 805. BREACH OF COVENANT.

    (a) Consequences.--If the covenant required by paragraph (1) of 
section 804 is breached, the Del Norte County Unified School District 
shall--
            (1) pay monetary damages to the United States in an amount 
        equal to the fair market value of the property conveyed 
        pursuant to section 801 as of the time that the covenant was 
        breached; or
            (2) forfeit to the United States all right, title, and 
        interest in and to the property conveyed pursuant to section 
        801.
    (b) School District Option.--If the covenant required by paragraph 
(1) of section 804 is breached, the Del Norte County Unified School 
District shall have the option of paying monetary damages as described 
in subsection (a)(1) of this section or forfeiting the property as 
described in subsection (a)(2) of this section.
    (c) Determination of Fair Market Value.--For the purposes of 
subsection (a)(1) of this section, the fair market value of the 
property conveyed pursuant to section 801 as of the time that the 
covenant was breached shall be determined by the Secretary of 
Agriculture.

SEC. 806. ADDITIONAL TERMS AND CONDITIONS.

    The conveyance provided for in section 801 shall be subject to such 
additional terms and conditions as the Secretary of Agriculture and the 
Del Norte County Unified School District agree are necessary to protect 
the interests of the United States.
                                 <all>
HR 2712 IH----2
HR 2712 IH----3
HR 2712 IH----4
```