I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘Northwest California Forest Health and Economic Re6 covery Act’’.

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

8 this Act is as follows:
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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
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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.

1 TITLE I—DESIGNATION OF WIL2 DERNESS AREAS IN THE KING

3 RANGE NATIONAL CONSERVA4 TION AREA TO BE ADMINIS5 TERED BY THE BUREAU OF

6 LAND MANAGEMENT

7 SEC. 101. SHORT TITLE.

8 This title may be cited as the ‘‘King Range Wilder9 ness Act of 1995’’.

10 SEC. 102. FINDINGS AND PURPOSE.

11 The Congress finds and declares that—

12 (1) the public lands within the King Range Na13 tional Conservation Area are a unique public re14 source encompassing a spectacular meeting of land

15 and sea;

16 (2) these rugged wildlands include 26 miles of

17 untouched seashore, the longest stretch of pristine

18 beach along California’s Pacific Coast;

19 (3) the extremely steep and rocky terrain, rising

20 dramatically from sea level to 4,000 feet within a

21 distance of only three miles, has historically formed

22 a natural obstacle to transportation and settlement;
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1 (4) these unique natural values have long been

2 recognized, culminating in the King Range being

3 designated the Nation’s first National Conservation

4 Area; and

5 (5) in 1991, after extensive public involvement

6 and support, the Bureau of Land Management rec7 ommended most of the area be included in the Na8 tional Wilderness Preservation System.

9 SEC. 103. DESIGNATION OF WILDERNESS.

10 To provide an enduring resource of wildlands for the

11 benefit of the American people and in furtherance of the

12 purposes of the Wilderness Act, certain public lands, in13 cluding the rocks and islands lying directly offshore from

14 these lands, located in the Arcata Resource Area of the

15 Bureau of Land Management, California comprising ap16 proximately 24,660 acres, as generally depicted on a map

17 entitled ‘‘King Range Wilderness—Proposed’’ and dated

18 June 7, 1995, and which shall be known as the King

19 Range Wilderness, are hereby designated as wilderness,

20 and therefore, as a component of the National Wilderness

21 Preservation System.

22 SEC. 104. MAP AND LEGAL DESCRIPTION.

23 As soon as practicable after enactment of this Act,

24 the Secretary of the Interior shall file a map and a legal

25 description for the area designated as wilderness by this
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1 title with the Committee on Energy and Natural Re2 sources of the Senate and the Committee on Resources

3 of the House of Representatives. Such map and legal de4 scription shall have the same force and effect as if in5 cluded in this Act, except that correction of clerical and

6 cartographic errors in each such legal description and map

7 may be made. Such map and legal description shall be on

8 file and available for public inspection in the Offices of

9 the Director and California State Director, Bureau of

10 Land Management, Department of the Interior.

11 SEC. 105. WILDERNESS REVIEW.

12 The Congress hereby finds and directs that all public

13 lands in the King Range National Conservation Area man14 aged by the Bureau of Land Management have been ade15 quately studied for wilderness designation pursuant to sec16 tions 202 and 603 of the Federal Land Policy and Man17 agement Act of 1976 (43 U.S.C. 1712, 1782). Those pub18 lic lands within the King Range National Conservation

19 Area managed by the Bureau of Land Management not

20 designated as wilderness by this title are no longer subject

21 to the requirements contained in section 603(c) of the

22 Federal Lands Policy and Management Act of 1976 (43

23 U.S.C. 1782(c)) but shall be managed for the full range

24 of nonwilderness multiple uses in accordance with land

25 management plans adopted pursuant to section 202 of
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1 such Act (43 U.S.C. 1712). Such lands shall not be man2 aged for the purpose of protecting their suitability for wil3 derness designation or their wilderness character and shall

4 remain available for nonwilderness multiple uses, subject

5 to the requirements of other Federal laws.

6 SEC. 106. ADMINISTRATION OF WILDERNESS AREAS.

7 Subject to valid existing rights, the area designated

8 as wilderness by this title shall be administered in accord9 ance with the provisions of the Wilderness Act (16 U.S.C.

10 1131 et seq.) and pursuant to the rules and regulations

11 promulgated in implementation thereof.

12 SEC. 107. FUTURE ACQUISITIONS.

13 Any lands within the boundaries of the area des14 ignated as wilderness by this title that are acquired by

15 the United States after the date of the enactment of this

16 Act shall become part of the wilderness area located and

17 shall be managed in accordance with all the provisions of

18 this title and other laws applicable to such wilderness area.

19 SEC. 108. DISPOSITION UNDER MINING LAWS.

20 Except as otherwise provided in this title, and subject

21 to valid existing rights, all Federal lands designated as

22 wilderness by this title and all lands within areas des23 ignated as wilderness by this title which are acquired by

24 the United States after the date of the enactment of this

25 Act are hereby withdrawn from all forms of entry, appro-
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1 priation, or disposal under the public lands laws, including

2 the mining, mineral leasing, geothermal leasing, and mate3 rial sales laws.

4 SEC. 109. TRADITIONAL CULTURAL AND RELIGIOUS PUR5 POSES.

6 In recognition of the past use of portions of the area

7 designated as wilderness by this title by Native Americans

8 for traditional cultural and religious purposes, the Sec9 retary shall assure access to the wilderness areas by Na10 tive Americans for traditional cultural and religious pur11 poses.

12 TITLE II—ACQUISITION OF

13 HEADWATERS FOREST

14 SEC. 201. SHORT TITLE.

15 This title may be cited as the ‘‘Headwaters Forest

16 Acquisition and Protection Act’’.

17 SEC. 202. FINDINGS AND PURPOSE.

18 (a) FINDINGS.—The Congress finds that:

19 (1) The Headwaters Forest, consisting of ap20 proximately 3,000 acres and located in Humboldt

21 County, California, is the largest grove of old growth

22 coastal redwoods remaining in private ownership.

23 (2) The owners of the Headwaters Forest and

24 additional acres are willing to consent to the public

25 acquisition of such acreage for just compensation
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1 upon and subject to the terms and conditions of this

2 title.

3 (3) Public acquisition of the Headwaters For4 est, and an additional ‘‘buffer zone’’ not to exceed

5 1,700 acres, upon and subject to the terms and con6 ditions of this title, is likely to create employment

7 opportunities in Humboldt County, California and

8 neighboring areas, eliminate the necessity for contin9 ued costly and protracted litigation, contribute to

10 the preservation of biological diversity, and may en11 hance the survival of certain species by maintenance

12 of habitats.

13 (4) The Headwaters Forest is zoned for com14 mercial timber production under the laws of the

15 State of California and Humboldt County. This zon16 ing is consistent with the historical use of this and

17 surrounding property. The California Timber Pro18 duction Act of 1982 mandates that land under this

19 zoning shall be managed for maximum sustainable

20 production of forest products.

21 (5) The State of California has the most strin22 gent forestry practice regulations in the United

23 States. The Owners are entitled to lawful use of

24 their property under those regulations, and all their
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1 timberlands are managed in accordance with the

2 same rules.

3 (6) Since February 1990, the Owners have re4 frained from harvesting the Headwaters Forest in

5 order to avoid further aggravating public con6 troversy.

7 (b) PURPOSE.—The purpose of this title is to provide

8 for the public acquisition of the Headwaters Forest, and

9 up to 1,700 additional acres, to provide for the protection

10 of Headwaters Forest by designating it as wilderness, and

11 to designate Headwaters Forest as a National Biological

12 Diversity Reserve.

13 SEC. 203. DEFINITIONS.

14 As used in this title—

15 (1) the term ‘‘Headwaters Forest’’ means the

16 area consisting of approximately 3,000 acres and lo17 cated in Humboldt County, California, containing

18 the largest grove of virgin old growth coastal red19 woods remaining in private ownership;

20 (2) the term ‘‘Headwaters Forest Addition’’

21 means the lands acquired by the Secretary under

22 section 204(a);

23 (3) the term ‘‘Owners’’ means the Pacific Lum24 ber Company and Corporations owned and controlled

25 by the Pacific Lumber Company;
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1 (4) the term ‘‘Acquisition Agreement’’ means

2 the agreement negotiated under section 205 between

3 the Secretary and the Owners; and

4 (5) the term ‘‘Secretary’’ means the Secretary

5 of the Interior.

6 SEC. 204. AUTHORIZATION OF ACQUISITION.

7 (a) IN GENERAL.—(1) Upon and subject to the terms

8 and conditions of this title, the Secretary shall acquire

9 from the Owners the lands comprising approximately

10 4,700 acres, as generally depicted on the map entitled

11 ‘‘Headwaters Forest—Proposed’’.

12 (2) Upon the acquisition of the Headwaters Forest

13 Addition, the Secretary shall refrain from designating any

14 other timberland owned by the owners in Humboldt Coun15 ty, California, as critical habitat under the Endangered

16 Species Act of 1973 and shall give owners credit for the

17 habitat value of the Headwaters Forest Addition when is18 suing incidental take permits under that Act.

19 (3) The designation of the Headwaters Forest Addi20 tion as a National Biological Diversity Reserve under sec21 tion 209 shall be taken into account for the purposes of

22 planning for Federal lands in Humboldt County, Califor23 nia, under the Forest and Rangeland Renewable Re24 sources Planning Act of 1974 and the National Environ25 mental Policy Act of 1969.
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1 (4) Nothing in this title is intended or shall be con2 strued to evidence any intention by the Congress to au3 thorize future acquisition of lands by the Secretary for the

4 purpose of providing additional buffer area for the Head5 waters Forest or Headwaters Forest Addition.

6 (b) CERTAIN CONSENTS.—Lands and interests in

7 lands within the Headwaters Forest Addition may not be

8 acquired by the Secretary pursuant to this title without

9 the consent of the Owners.

10 (c) DONATIONS.—Notwithstanding any other provi11 sion of law, the Secretary may accept and expend dona12 tions of funds, property, or services from the State of Cali13 fornia for the purpose of acquiring the Headwaters Forest

14 Addition under this title.

15 SEC. 205. MANNER OF ACQUISITION.

16 (a) IN GENERAL.—The Secretary shall forthwith

17 enter into negotiations with the Owners for a written

18 agreement providing for the acquisition of the Headwaters

19 Forest Addition at its appraised fair market value in ex20 change for—

21 (1) the land containing harvestable timber and

22 the marketable timber harvesting rights referred to

23 in sections 106(b) and (c); and

24 (2) the other property referred to in section

25 206(d), but only to the extent the appraised fair
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1 market value of the Headwaters Forest exceeds the

2 appraised fair market value of the land containing

3 harvestable timber and the marketable timber har4 vesting rights referred to in sections 106(b) and (c).

5 (b) CONCLUSIVE EFFECT OF ACQUISITION AGREE6 MENT.—Subject only to the express terms of this title, nei7 ther the execution and delivery of the Acquisition Agree8 ment by the Secretary, nor the appraisals and determina9 tions made under this title, nor the performance of such

10 Acquisition Agreement by the Secretary in accordance

11 with its terms, shall be subject to review by any adminis12 trative or judicial body or authority.

13 (c) EFFECT OF FAILURE TO REACH AGREEMENT.—

14 (1) The authority of the Secretary to acquire lands or in15 terests in lands pursuant to this title shall expire with re16 spect to any portion of the Headwaters Forest Addition

17 the acquisition of which is not consummated within 18

18 months following the date of the enactment of this Act

19 pursuant to an agreement entered into under subsection

20 (a) by the Secretary and the Owners within 12 months

21 after the date of the enactment of this Act, unless the

22 Secretary and the Owners mutually agree to extend either

23 the 12-month or the 18-month deadline, or both. The

24 deadline for consummating the exchange may not be ex-
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1 tended beyond 36 months after the date of the enactment

2 of this Act.

3 (2) If the exchange is not consummated before the

4 deadline specified in paragraph (1), any otherwise lawful

5 activity taken by the Owners in the Headwaters Forest

6 Addition which results in a taking otherwise prohibited by

7 section 9(a)(1)(B) of the Endangered Species Act of 1973

8 (16 U.S.C. 1538(a)(1)(B)) which is incidental to, and not

9 the purpose of, the carrying out of the activity, shall be

10 permitted.

11 (3) Until the Headwaters Forest Addition is acquired

12 pursuant to this title within the time specified in para13 graph (1) (including any extension under paragraph (1)),

14 the Owners and their designees shall be entitled to the

15 full and lawful use and enjoyment thereof and nothing in

16 this title shall be construed—

17 (A) to impose any limitation upon any other18 wise lawful use of such lands;

19 (B) as authority to defer the submission, re20 view, approval, or implementation of any timber har21 vest or similar plan with respect to any portion of

22 such lands; or

23 (C) to grant a cause of action against all or any

24 of the Owners thereof or their designees for engag25 ing in the lawful use of such lands.
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1 (d) SPECIAL RULES.—The following rules shall apply

2 with respect to the negotiation, execution, delivery and

3 consummation of the Acquisition Agreement pursuant to

4 this title:

5 (1) The ‘‘appraised fair market values’’ of the

6 Headwaters Forest Addition and of the land con7 taining harvestable timber referred to in section

8 206(b) and the marketable timber harvesting rights

9 referred to in section 206(c) shall be determined as

10 of the date of the enactment of this Act by inde11 pendent appraisers, each of whom shall be qualified

12 and experienced in appraising timberland. The Sec13 retary and the Owners shall each appoint one such

14 appraiser within 30 days after the date of the enact15 ment of this Act and the two appraisers so selected

16 shall mutually select the third appraiser within 30

17 days thereafter. If the fair market values of any

18 property or right as determined by the three ap19 praisers are not the same, the lowest of the three

20 appraisals shall be disregarded and the appraised

21 fair market value of such property or right shall be

22 deemed to be equal to the average of the two re23 maining appraisals.

24 (2) The ‘‘fair market values’’ of the Headwaters

25 Forest Addition, and of the land containing harvest-
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1 able timber referred to in section 206(b) and the

2 marketable timber harvesting rights referred to in

3 section 206(c), shall, as set forth in the Uniform

4 Standards for Federal Land Acquisitions, be equal

5 to the amount of cash, or in terms reasonably equiv6 alent to cash, for which in all probability the prop7 erty or rights would be sold by a knowledgeable

8 owner who is willing but not obligated to sell to a

9 knowledgeable purchaser who is willing but not obli10 gated to buy; except that no reduction shall be made

11 in the appraised fair market value of the Head12 waters Forest Addition to reflect the use thereof by

13 the Secretary to provide critical habitat mitigation

14 pursuant to sections 104(a)(2) and (3) and applica15 ble law. The fair market value of any property re16 ferred to in section 206(d) shall be as mutually de17 termined by the Secretary and the Owners. If they

18 cannot agree, they shall utilize an appraisal process

19 similar to that described in paragraph (1).

20 (3) The authority of the Secretary to acquire

21 lands and interests in lands pursuant to this title is

22 expressly limited to the 4,700 acres comprising the

23 Headwaters Forest Addition, and, to reduce the cost

24 of acquisition, the Secretary may, in his sole discre25 tion—
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1 (A) decline to purchase any portion of the

2 1,700 additional acres surrounding the Head3 waters Forest; and

4 (B) allow legal uses to be undertaken or

5 continued on such 1,700 acres,

6 if the Secretary determines that such failure to pur7 chase or use, as the case may be, will not result in

8 significant ecological damage to the Headwaters

9 Forest.

10 (4) The Acquisition Agreement shall give the

11 Secretary adequate assurances of reasonable and

12 perpetual access by the United States and its des13 ignated representatives to the Headwaters Forest

14 through other lands of the Owners, upon reasonable

15 terms and conditions as detailed in the Acquisition

16 Agreement. Such reasonable access shall not inter17 fere with the established legal uses or business oper18 ations of the Owners and others on lands not ac19 quired by the United States pursuant to this title.

20 (5) The Acquisition Agreement shall allow for

21 the Owners’ continued access to and commercial op22 eration of two gravel quarries in the 1,700 acres,

23 unless the Owners are adequately compensated for

24 foregoing such access and commercial operation.
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1 (6) The Acquisition Agreement shall allow for

2 the orderly termination of operations on lands ac3 quired by the United States pursuant to this title

4 and for the removal by the Owners and others of

5 their equipment, facilities, and personal property

6 therefrom.

7 (7) The Acquisition Agreement shall give the

8 Owners assurances that the Headwaters Forest shall

9 be managed by the United States so as not to inter10 fere with the lawful conduct of business operations,

11 including timber harvesting on privately owned lands

12 adjacent to the Headwaters Forest.

13 (8) The Acquisition Agreement shall provide for

14 copies thereof to be supplied promptly to the Com15 mittee on Agriculture, the Committee on Appropria16 tions and the Committee on Resources of the House

17 of Representatives and the Committee on Agri18 culture, Nutrition and Forestry, the Committee on

19 Appropriations, and the Committee on Energy and

20 Natural Resources of the Senate.

21 (9) If the Acquisition Agreement provides for

22 the transfer to the Owners of property described in

23 section 206(d), such Agreement shall provide—

24 (A) for a closing date, which shall be the

25 date for consummation of the transactions pro-
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1 vided for by this title and by the Acquisition

2 Agreement and which shall be at least 45 days

3 after the date on which the Secretary and the

4 Owners execute the Acquisition Agreement and

5 at least 45 days after the date on which the Ac6 quisition Agreement is submitted to the com7 mittees specified in paragraph (8); and

8 (B) for termination of the Secretary’s obli9 gations under the Acquisition Agreement if leg10 islation disapproving the Acquisition Agreement

11 is enacted on or before the date on which the

12 transactions contemplated by the Acquisition

13 Agreement are consummated.

14 SEC. 206. PROPERTY TO BE RECEIVED BY OWNERS.

15 (a) IN GENERAL.—Effective upon and simultaneous

16 with the acquisition of the Headwaters Forest by the Sec17 retary pursuant to this title, there shall be vested in the

18 Owners the land containing harvestable timber, the mar19 ketable timber harvesting rights, and the other property

20 to which the Owners are entitled under the Acquisition

21 Agreement.

22 (b) AREA OF PRIORITY.—(1) In determining which

23 property and property rights to transfer to the Owners

24 under this title, the Secretary shall give priority to land

25 containing harvestable timber held by the Secretary lo-
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1 cated in Humboldt County, California, and north of the

2 baseline of Township 3 South.

3 (2) The rights described in subsection (c) of this sec4 tion and the other property described in subsection (d) of

5 this section shall only be transferred to the extent that

6 the value of the Headwaters Forest Addition exceeds the

7 value of land described in this subsection.

8 (c) MARKETABLE TIMBER HARVESTING RIGHTS.—

9 (1) There shall be transferred to the Owners such timber

10 harvesting rights on lands administered by the Bureau of

11 Land Management in California as the Secretary deter12 mines, within 60 days following the date of the enactment

13 of this Act, to be appropriate. In making the determina14 tion required by the preceding sentence, the Secretary

15 shall reserve appropriate areas for logging by persons

16 other than the Owners.

17 (2) In no event shall the Secretary designate for

18 transfer any land under subsection (b) of this section or

19 rights under this subsection unless the Secretary deter20 mines after reasonable inquiry that the harvesting of the

21 timber represented by such rights will be neither denied

22 nor delayed by reason of any law or rule of law, or any

23 judicial or administrative interpretation thereof, of the

24 United States, the State of California or any subdivision
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1 thereof with respect to habitat, endangered species, or

2 similar matters and so certifies in writing to the Owners.

3 (3) Any timber harvesting rights transferred to the

4 Owners pursuant to this subsection shall be in such form

5 as the Owners may reasonably request to permit the Own6 ers to sell or otherwise transfer such rights upon their re7 ceipt.

8 (d) OTHER PROPERTY.—(1) To the extent the

9 amount of the appraised fair market value of the Head10 waters Forest Addition exceeds the amount of the ap11 praised fair market value of the land containing harvest12 able timber and the marketable timber harvesting rights

13 referred to in subsections (b) and (c), as are actually re14 ceived by the Owners, there shall be transferred to the

15 Owners such other property (excluding unliquidated

16 claims or obligations of any party) of the United States

17 determined by the Secretary and the Owners to be both

18 suitable for inclusion in the exchange and to have a fair

19 market value at least equal to the amount of such excess.

20 (2) To facilitate consummation of the exchanges con21 templated by this title, the Secretary shall, within 60 days

22 after the date of the enactment of this Act, provide to the

23 Owners a list of the properties from which the Secretary

24 will select any properties ultimately to be transferred to

25 the Owners pursuant to this subsection. Such properties
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1 shall in no event be limited to properties under the admin2 istrative jurisdiction of the Secretary on the date of the

3 enactment of this Act.

4 (3) In selecting properties actually to be transferred

5 to the Owners pursuant to this subsection, the Secretary

6 shall give priority to those properties designated by the

7 Owners within 60 days following the receipt by the Owners

8 of the list of properties compiled by the Secretary pursu9 ant to this subsection.

10 (e) SPECIAL RULE FOR FEDERAL TRANSFERS.—For

11 purposes of making an exchange under this title, property

12 under the jurisdiction of any other department, agency,

13 or instrumentality of the United States may be trans14 ferred, subject to any advance approval of the transfer

15 otherwise required by law, to the administrative jurisdic16 tion of the Secretary if the Secretary identifies the prop17 erty as suitable for use in making such exchange. To facili18 tate approval of a transfer of property under this sub19 section, the Secretary shall promptly submit to the Com20 mittees referred to in section 205(d)(8) proposed legisla21 tion providing for the approvals otherwise required in con22 nection with any such proposed transfer. The transfer of

23 any property under this subsection shall be made without

24 compensation to the transferring department, agency, or

25 instrumentality.
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1 SEC. 207. PAYMENTS TO LOCAL GOVERNMENTS.

2 (a) PAYMENT IN LIEU OF TAXES.—Solely for pur3 poses of payments made pursuant to chapter 69 of title

4 31 of the United States Code, all lands comprising Head5 waters Forest Addition to which the Secretary takes own6 ership pursuant to this title shall be deemed to have been

7 acquired for the purposes specified in section 6904(a) of

8 such title 31.

9 (b) 10-YEAR PAYMENT.—(1) Subject to annual ap10 propriations and the provisions of subsection (c), for a pe11 riod of 10 years after acquisition by the United States of

12 lands acquired by the Secretary pursuant to this title, the

13 Secretary, with respect to such acquired lands, shall make

14 annual payments to Humboldt County in the State of

15 California in an amount equal to the State of California

16 Timber Yield Tax revenues payable under the California

17 Revenue and Taxation Code (sec. 38101 et seq.) in effect

18 as of the date of enactment of this Act that would have

19 been paid with respect to such lands if the lands had not

20 been acquired by the United States, as determined by the

21 Secretary pursuant to this subsection.

22 (2) The Secretary, in consultation with the Humboldt

23 County, California, assessor, shall determine the amounts

24 to be paid pursuant to paragraph (1) of this subsection

25 based on consideration of a variety of factors including,

26 but not limited to—
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1 (A) timber actually sold in the subject year

2 from comparable commercial forest lands of similar

3 soil type, slope and such determination of appro4 priate timber harvest levels,

5 (B) comparable timber size class, age, and qual6 ity,

7 (C) market conditions,

8 (D) all applicable Federal, State, and local laws

9 and regulations, and

10 (E) the goal of sustainable, even-flow harvest or

11 renewable timber resources.

12 (c) CALIFORNIA TIMBER YIELD TAX.—The amount

13 of State of California Timber Yield Tax payments paid

14 to Humboldt County in any year pursuant to the laws of

15 California for timber sold from lands acquired under this

16 title shall be deducted from the sums to be paid to Hum17 boldt County in that year under subsection (b).

18 SEC. 208. WILDERNESS DESIGNATION.

19 (a) DESIGNATION.—In furtherance of the purposes of

20 the Wilderness Act (16 U.S.C. 1131–1136), effective upon

21 acquisition under section 204, lands in the State of Cali22 fornia which are within the areas generally depicted on

23 the map referred to in section 204(a)(1) as the ‘‘Head24 waters Forest Wilderness—Proposed’’ are designated as

25 wilderness and therefore as a component of the National
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1 Wilderness Preservation System. Such lands shall be

2 known as the Headwaters Forest Wilderness.

3 (b) MAP AND DESCRIPTION.—As soon as practicable

4 after the inclusion of any lands in the Headwaters Forest

5 Wilderness, the Secretary shall file a map and a legal de6 scription of the area so included with the Committee on

7 Resources of the House of Representatives and with the

8 Committee on Energy and Natural Resources of the Sen9 ate. The Secretary may correct clerical and typographical

10 errors in such legal description and such map. Such map

11 and legal description shall be on file and available for pub12 lic inspection in the offices of the California State Director

13 of the Bureau of Land Management, and in the offices

14 of the Ukiah District Manager of the Bureau of Land

15 Management.

16 (c) ADMINISTRATION.—Subject to valid existing

17 rights, the Secretary, acting through the Director of the

18 Bureau of Land Management, shall administer the lands

19 designated as wilderness under subsection (a) in accord20 ance with the provisions of the Wilderness Act governing

21 areas designated by that Act as wilderness, except that

22 any reference in such provisions to the effective date of

23 the Wilderness Act (or any similar reference) shall be

24 deemed to be a reference to the date of acquisition of such

25 lands under section 204 of this Act.
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1 (d) STATE AUTHORITY OVER FISH AND WILD2 LIFE.—As provided in section 4(d)(7) of the Wilderness

3 Act (16 U.S.C. 1133(d)(7)), nothing in this Act shall be

4 construed as affecting the jurisdiction or responsibilities

5 of the State of California with respect to wildlife and fish

6 in any areas designated by this Act as wilderness.

7 SEC. 209. NATIONAL BIOLOGICAL DIVERSITY RESERVE.

8 Effective upon acquisition under section 204 or the

9 enactment of an Act of Congress authorizing the establish10 ment of national biological diversity reserves, whichever is

11 later, lands in the State of California which are within

12 the areas generally depicted on the map referred to in sec13 tion 204(a)(1) as the ‘‘Headwaters Forest Wilderness—

14 Proposed’’ are designated as a National Biological Diver15 sity Reserve under Federal law and shall be administered

16 accordingly.

17 SEC. 210. MISCELLANEOUS PROVISIONS.

18 (a) DONATED PROPERTY.—The Secretary is author19 ized to accept donations of property for use pursuant to

20 section 205 in acquiring the Headwaters Forest Addition.

21 Notwithstanding any other provision of law, the Secretary

22 may convey such property to the Owners and such prop23 erty shall be available for such purposes without further

24 appropriation and without fiscal year limitation.
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1 (b) BUFFER ZONES.—(1) The Congress does not in2 tend that designation of any area as wilderness under sec3 tion 208 lead to the creation of protective perimeters or

4 buffer zones around the wilderness area. The fact that

5 nonwilderness activities or uses can be seen or heard from

6 areas within a wilderness shall not, of itself, preclude such

7 activities or uses up to the boundary of the wilderness

8 area.

9 (2) Nothing in this title shall lead to or result in the

10 creation of protective perimeters or buffer zones in pri11 vately owned timberlands around or adjacent to the Head12 waters Forest Addition which are not acquired pursuant

13 to this title.

14 (c) AUTHORIZATION OF APPROPRIATIONS.—There

15 are authorized to be appropriated such sums as may be

16 necessary to defray the costs of the United States in par17 ticipating in the transactions authorized by this title.

18 TITLE III—ELKHORN RIDGE

19 TIMBER SALE

20 SEC. 301. SUBSTITUTION OF TIMBER FOR CANCELED TIM21 BER SALE.

22 (a) IN GENERAL.—Notwithstanding the provisions of

23 the Act of July 31, 1947 (30 U.S.C. 601 et seq.), and

24 the requirements of section 5402.0–6 of title 43, Code of

25 Federal Regulations, the Secretary of the Interior, acting
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1 through the Bureau of Land Management, is authorized

2 to substitute, without competition, a contract for timber

3 identified for harvest located on public lands administered

4 by the Bureau of Land Management in the State of Cali5 fornia of comparable value for the following terminated

6 timber contract: Elkhorn Ridge Timber Sale, Contract No.

7 CA–050–TS–88–01.

8 (b) DISCLAIMER.—Nothing in this section shall be

9 construed as changing any law or policy of the Federal

10 Government beyond the timber sale substitution specified

11 in this section.

12 TITLE IV—SMITH RIVER

13 NATIONAL RECREATION AREA

14 SEC. 401. AVAILABILITY OF TIMBER FOR HARVEST IN PRE15 SCRIBED TIMBER MANAGEMENT AREA.

16 (a) ANNUAL SALE AMOUNTS.—In the case of the

17 Smith River National Recreation Area established by sec18 tion 4 of the Smith River National Recreation Area Act

19 (16 U.S.C. 460bbb–2), the amount of timber offered for

20 sale each year from the prescribed timber management

21 area identified in section 5(b)(2)(G) of such Act (16

22 U.S.C. 460bbb–3(b)(2)(G)) shall be between 2,000,000

23 and 5,000,000 board feet.

24 (b) PROTECTION OF SPECIES HABITAT.—Adminis25 tration of the other seven management areas of the Smith
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1 River National Recreation Area, as identified in section

2 5(b)(2) of such Act (16 U.S.C. 460bbb–3(b)(2)), in a

3 manner consistent with the land and resource manage4 ment plan for the Six Rivers National Forest shall be

5 deemed to be sufficient protection of species habitat for

6 the purposes of the Forest and Rangeland Renewable Re7 sources Planning Act of 1974 (16 U.S.C. 1600 et seq.)

8 and the Endangered Species Act of 1973 (16 U.S.C. 1531

9 et seq.).

10 TITLE V—CONTRACT OUT DEM11 ONSTRATION OF RESOURCE

12 MANAGEMENT ACTIVITIES.

13 SEC. 501. DEMONSTRATION PROGRAM AT SIX RIVERS NA14 TIONAL FOREST.

15 (a) DEMONSTRATION PROGRAM REQUIRED.—During

16 the five-year period beginning on the date of the enact17 ment of this Act, the Secretary of Agriculture shall con18 duct a demonstration program to contract out to the pri19 vate sector certain resource management activities at the

20 Six Rivers National Forest in the State of California. In

21 contracting out such activities, the Secretary shall endeav22 or, to the greatest extent practicable, to utilize private sec23 tor skills in communities adversely affected by reductions

24 in the timber sale program for the National Forest Sys25 tem.
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1 (b) TYPES OF ACTIVITIES CONTRACTED OUT.—Ex2 cept as provided in subsection (c), the types of resource

3 management activities that may be contracted out under

4 the demonstration program include the following:

5 (1) Preparation of analyses required under Op6 tion 9 of the Final Supplemental Environmental Im7 pact Statement on Management of Habitat for Late

8 Successional and Old Growth Forests Related Spe9 cies within the Range of the Northern Spotted Owl.

10 (2) Preparation of environmental assessments

11 required in connection with timber sales in the Six

12 Rivers National Forest.

13 (3) Performance of resource field work.

14 (4) Performance of forest plan implementation

15 monitoring.

16 (c) RETAINED ACTIVITIES.—The Secretary shall con17 tinue to use employees of the Forest Service to conduct

18 forest planning and set resource management outputs for

19 the Six Rivers National Forest, including timber sale lev20 els.

21 (d) FUNDING.—Using not less than 50 percent of the

22 funds appropriated for administration of the Six Rivers

23 National Forest, the Secretary shall enter into contracts

24 for the performance of the activities described in sub25 section (b).
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1 (e) ANNUAL REPORT.—During each year of the dem2 onstration program, the Secretary shall submit to Con3 gress an annual report and evaluation of the demonstra4 tion program.

5 TITLE VI—HOOPA VALLEY

6 RESERVATION

7 SEC. 601. SHORT TITLE.

8 This title may be cited as the ‘‘Hoopa Valley Reserva9 tion South Boundary Correction Act’’.

10 SEC. 602. LAND TRANSFER TO RESERVATION.

11 (a) IN GENERAL.—All right, title, and interest of the

12 United States in and to the lands described in subsection

13 (b) shall hereafter be held in trust by the United States

14 for the benefit of the Hoopa Valley Tribe and shall be part

15 of the Hoopa Valley Reservation.

16 (b) LANDS DESCRIBED.—The lands referred to in

17 subsection (a) are those portions of Townships 7 North

18 and 8 North, Ranges 5 East and 6 East, Humboldt Merid19 ian, California, within a boundary beginning at a point

20 on the current south boundary of the Hoopa Valley Indian

21 Reservation, marked and identified as ‘‘Post H.V.R. No.

22 8’’ on the Plat of the Hoopa Valley Indian Reservation

23 prepared from a field survey conducted by C.T. Bissel, Au24 gustus T. Smith and C.A. Robinson, Deputy Surveyors,

25 approved by the Surveyor General, H. Pratt, March 18,
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1 1892, and extending from said point on a bearing of north

2 72 degrees 30 minutes east, until intersecting with a line

3 beginning at a point marked as ‘‘Post H.V.R. No. 3’’ on

4 said survey and extending on a bearing of south 15 de5 grees 59 minutes east, comprising 2,641 acres more or

6 less.

7 SEC. 603. SURVEY.

8 The Secretary of the Interior, acting through the Bu9 reau of Land Management, shall survey and monument

10 that portion of the boundary of the Hoopa Valley Reserva11 tion established by the addition of lands made by section

12 602.

13 TITLE VII—ADAPTIVE MANAGE14 MENT OF TIMBER RE15 SOURCES FOR OLD GROWTH

16 DEPENDENT SPECIES

17 SEC. 701. PREPARATION, IMPLEMENTATION, AND EVALUA18 TION OF ADAPTIVE MANAGEMENT.

19 (a) PREPARATION OF ADAPTIVE MANAGEMENT RE20 SEARCH PLAN.—Not later than one year after the date

21 of the enactment of this Act, the Secretary of Agriculture

22 shall submit to Congress a research plan, including sup23 porting environmental documents, that provides for the

24 implementation and evaluation of controlled silvicultural

25 treatments in late successional and old growth timber
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1 stands in the units of the National Forest System speci2 fied in subsection (b) for the purpose of testing the effect

3 of selected partial-cut harvesting of late successional and

4 old growth timber on old growth dependent species, such

5 as the northern spotted owl.

6 (b) APPLICATION OF RESEARCH PLAN.—Beginning

7 with the second field season beginning after the date of

8 the enactment of this Act, the Secretary shall implement

9 the research plan in the following units of the National

10 Forest System:

11 (1) The Hayfork Adaptive Management Area in

12 the Shasta–Trinity National Forest and the Six Riv13 ers National Forest, California.

14 (2) The Lower Trinity and Mad River Ranger

15 Districts in the Six Rivers National Forest.

16 (c) USE OF RESEARCH SERVICE.—The Secretary

17 shall prepare and implement the research plan, including

18 supporting environmental documents, using the Pacific

19 Southwest Research Branch of the Forest Service.

20 (d) WORKFORCE NECESSARY TO IMPLEMENT RE21 SEARCH PLAN.—Administrative and resource manage22 ment activities historically provided in the units of the Na23 tional Forest System specified in subsection (b) by the Na24 tional Forest Systems Branch, including the planning,

25 preparation, and monitoring of this subtitle, shall be con-
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1 ducted by private contractors. The Secretary shall select

2 private contractors on the basis of the skills necessary to

3 perform the anticipated task, with special consideration

4 given to local contractors that reside in communities ad5 versely affected by reductions in the timber sale program

6 for the National Forest System. The Secretary shall use

7 at least 75 percent of the funds calculated under sub8 section (e) for payments to private contractors for plan9 ning, implementation, and monitoring of the research

10 plan.

11 (e) FUNDING.—

12 (1) TRANSFERS OF FUNDS.—Funds necessary

13 to carry out this subtitle shall be transferred from

14 the National Forest Systems Funding to National

15 Forest Research on an annual basis.

16 (2) CALCULATION OF AMOUNTS.—The amount

17 of funding that the National Forest Research re18 ceives for purposes of this subtitle shall be calculated

19 as follows:

20 (A) The total acres within the Lower Trin21 ity Ranger and Mad River Ranger Districts

22 plus the acres within the Hayfork Adaptive

23 Management Area within the Mad River Dis24 trict divided by the total acres of the Six Rivers

25 National Forest times the total budget for the
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1 preceding fiscal year including trust funds for

2 the Six Rivers National Forest; plus

3 (B) The total acres within the Hayfork

4 Adaptive Management Area divided by the total

5 acres on the Shasta-Trinity National forest

6 times the total budget of the preceding year in7 cluding trust funds for the Shasta-Trinity Na8 tional Forests.

9 (3) EXCLUSION OF FIRE SUPPRESSION

10 COSTS.—When calculating the budget for the pre11 ceding year for the Six Rivers and Shasta Trinity

12 National Forests, fire suppression cost shall not be

13 considered.

14 (f) SCHEDULED SILVICULTURAL TREATMENTS.—Sil15 vicultural treatments under the research plan shall be con16 ducted during the nine consecutive years beginning with

17 the implementation of the research plan. Silvicultural

18 treatments shall be performed on not less than 50 percent

19 of the late successional and old growth timber stands lo20 cated in the areas specified in subsection (b). The total

21 number of acres being treated in the first five years shall

not vary more than 20 percent from 1 22 ⁄9 of the total treat23 ment acres described in the research plan.

24 (g) USE OF RECEIPTS.—
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1 (1) IN GENERAL.—The Secretary shall use re2 ceipts generated from the sale of forest products re3 sulting from silvicultural treatments under the re4 search plan to implement vegetative management ac5 tivities, fuels treatment activities, and watershed im6 provement projects both inside and outside late suc7 cessional and old growth stands but within the Trin8 ity River and Mad River Watersheds.

9 (2) MONITORING ACTIVITIES.—Receipts in ex10 cess of 50 cents per thousand board feet generated

11 from the sale of forest products under the research

12 plan shall be deposited in the special fund estab13 lished under section 3 of the Act of June 9, 1930

14 (16 U.S.C. 576b) (commonly known as the

15 Knutson–Vanderberg Act). Monitoring activities

16 under subsection (h) shall qualify for funding under

17 such section, except that the amount expended on

18 monitoring of projects associated with this section

19 shall not exceed the receipts deposited.

20 (h) MONITORING ACTIVITIES.—The Secretary shall

21 commence monitoring of the effects of research activities

22 under the research program immediately after implemen23 tation of the research plan. Monitoring activities shall con24 tinue for a period of not less than 15 years. Monitoring

25 shall include the analysis of short-term impacts to old
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1 growth dependent species, including movement and activ2 ity patterns and long-term demographic pattern changes

3 associated with implementation of the silvicultural activi4 ties.

5 TITLE VIII—DEL NORTE COUNTY

6 UNIFIED SCHOOL DISTRICT

7 LAND CONVEYANCE

8 SEC. 801. CONVEYANCE.

9 As soon as practicable after the date of the enactment

10 of this Act, the Secretary of Agriculture shall convey to

11 the Del Norte County Unified School District of Del Norte

12 County, California, all right, title, and interest of the

13 United States in and to the property described in section

14 802.

15 SEC. 802. PROPERTY DESCRIPTION.

16 The property referred to in section 801 is that por17 tion of Township 17 North, Range 2 East, Humboldt Me18 ridian in Del Norte County, California, which is further

19 described as follows:

20 Beginning at Angle Point No. 3 of Tract 41 as

21 resurveyed by the Bureau of Land Management

22 under survey Group No. 1013, approved August 13,

23 1990, and shown on the official plat thereof; thence

24 on the line between Angle Points No. 3 and No. 4

25 of Tract 41, North 89 degrees, 24 minutes, 20 sec-
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1 onds East, a distance of 345.44 feet to Angle Point

2 No. 4 of Tract 41; thence on the line between Angle

3 Points No. 4 and No. 5 of Tract 41, South 00 de4 grees, 01 minutes, 20 seconds East, a distance of

5 517.15 feet; thence West, a distance of 135.79 feet;

6 thence North 88 degrees, 23 minutes, 01 seconds

7 West, a distance of 61.00 feet; thence North 39 de8 grees, 58 minutes, 18 seconds West, a distance of

9 231.37 feet to the East line of Section 21, Township

10 17 North, Range 2 East; thence along the East line

11 of Section 21, North 00 degrees, 02 minutes, 20 sec12 onds West, a distance of 334.53 feet to the point of

13 beginning.

14 SEC. 803. CONSIDERATION.

15 The conveyance provided for in section 801 shall be

16 without consideration except as required by this title.

17 SEC. 804. CONDITIONS OF CONVEYANCE.

18 The conveyance provided for in section 801 shall be

19 subject to the following conditions:

20 (1) The Del Norte County Unified School Dis21 trict shall covenant that the property conveyed pur22 suant to section 801 will be used primarily for edu23 cational or recreational purposes, or both, for a min24 imum of 25 years after the date of the conveyance.
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1 (2) Del Norte County shall be provided, for no

2 consideration, an easement for County Road No.

3 318 which crosses the Northeast corner of the prop4 erty conveyed.

5 (3) The Pacific Power and Light Company shall

6 be provided, for no consideration, an easement for

7 utility equipment as necessary to maintain the level

8 of service provided by the utility equipment on the

9 property as of the date of the conveyance.

10 (4) The United States shall be provided, for no

11 consideration, an easement to provide access to the

12 United States property that is south of the property

13 conveyed.

14 SEC. 805. BREACH OF COVENANT.

15 (a) CONSEQUENCES.—If the covenant required by

16 paragraph (1) of section 804 is breached, the Del Norte

17 County Unified School District shall—

18 (1) pay monetary damages to the United States

19 in an amount equal to the fair market value of the

20 property conveyed pursuant to section 801 as of the

21 time that the covenant was breached; or

22 (2) forfeit to the United States all right, title,

23 and interest in and to the property conveyed pursu24 ant to section 801.
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1 (b) SCHOOL DISTRICT OPTION.—If the covenant re2 quired by paragraph (1) of section 804 is breached, the

3 Del Norte County Unified School District shall have the

4 option of paying monetary damages as described in sub5 section (a)(1) of this section or forfeiting the property as

6 described in subsection (a)(2) of this section.

7 (c) DETERMINATION OF FAIR MARKET VALUE.—For

8 the purposes of subsection (a)(1) of this section, the fair

9 market value of the property conveyed pursuant to section

10 801 as of the time that the covenant was breached shall

11 be determined by the Secretary of Agriculture.

12 SEC. 806. ADDITIONAL TERMS AND CONDITIONS.

13 The conveyance provided for in section 801 shall be

14 subject to such additional terms and conditions as the Sec15 retary of Agriculture and the Del Norte County Unified

16 School District agree are necessary to protect the interests

17 of the United States.

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