II 

109TH CONGRESS 

1ST SESSION S. 128 

To designate certain public land in Humboldt, Del Norte, Mendocino, Lake, 

and Napa Counties in the State of California as wilderness, to designate 

certain segments of the Black Butte River in Mendocino County, California as a wild or scenic river, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2005 

Mrs. BOXER (for herself and Mrs. FEINSTEIN) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To designate certain public land in Humboldt, Del Norte, 

Mendocino, Lake, and Napa Counties in the State of 

California as wilderness, to designate certain segments 

of the Black Butte River in Mendocino County, California as a wild or scenic river, and for other purposes. 

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. 

4 This Act may be cited as the ‘‘Northern California 

5 Coastal Wild Heritage Wilderness Act’’. 

6 SEC. 2. DEFINITION OF SECRETARY. 

7 In this Act, the term ‘‘Secretary’’ means— 
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1 (1) with respect to land under the jurisdiction 

2 of the Secretary of Agriculture, the Secretary of Ag3 riculture; and 

4 (2) with respect to land under the jurisdiction 

5 of the Secretary of the Interior, the Secretary of the 

6 Interior. 

7 SEC. 3. DESIGNATION OF WILDERNESS AREAS. 

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

9 1131 et seq.), the following areas in the State of California 

10 are designated as wilderness areas and as components of 

11 the National Wilderness Preservation System: 

12 (1) SNOW MOUNTAIN WILDERNESS ADDITION.— 

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

14 Mendocino National Forest, comprising ap15 proximately 23,312 acres, as generally depicted 

16 on the maps described in subparagraph (B), is 

17 incorporated in and shall considered to be a 

18 part of the ‘‘Snow Mountain Wilderness’’, as 

19 designated by section 101(a)(31) of the Cali20 fornia Wilderness Act of 1984 (16 U.S.C. 1132 

21 note; Public Law 98–425). 

22 (B) DESCRIPTION OF MAPS.—The maps 

23 referred to in subparagraph (A) are— 

24 (i) the map entitled ‘‘Skeleton Glade 

25 Unit, Snow Mountain Proposed Wilderness 
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1 Addition, Mendocino National Forest’’ and 

2 dated September 17, 2004; and 

3 (ii) the map entitled ‘‘Bear Creek/ 

4 Deafy Glade Unit, Snow Mountain Wilder5 ness Addition, Mendocino National Forest’’ 

6 and dated September 17, 2004. 

7 (2) SANHEDRIN WILDERNESS.—Certain land in 

8 the Mendocino National Forest, comprising approxi9 mately 10,571 acres, as generally depicted on the 

10 map entitled ‘‘Sanhedrin Proposed Wilderness, 

11 Mendocino National Forest’’ and dated September 

12 17, 2004, which shall be known as the ‘‘Sanhedrin 

13 Wilderness’’. 

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

15 Mendocino National Forest and certain land admin16 istered by the Bureau of Land Management in Lake 

17 and Mendocino Counties, California, together com18 prising approximately 54,087 acres, as generally de19 picted on the map entitled ‘‘Yuki Proposed Wilder20 ness’’ and dated October 28, 2004, which shall be 

21 known as the ‘‘Yuki Wilderness’’. 

22 (4) YOLLA BOLLY-MIDDLE EEL WILDERNESS

23 ADDITION.—Certain land in the Mendocino National 

24 Forest and certain land administered by the Bureau 

25 of Land Management in Mendocino County, Cali-
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1 fornia, together comprising approximately 25,806 

2 acres, as generally depicted on the map entitled 

3 ‘‘Middle Fork Eel, Smokehouse and Big Butte 

4 Units, Yolla Bolly-Middle Eel Proposed Wilderness 

5 Addition’’ and dated October 28, 2004, is incor6 porated in and shall considered to be a part of the 

7 Yolla Bolly-Middle Eel Wilderness, as designated by 

8 section 3 of the Wilderness Act (16 U.S.C. 1132). 

9 (5) MAD RIVER BUTTES WILDERNESS.—Certain 

10 land in the Six Rivers National Forest, comprising 

11 approximately 6,494 acres, as generally depicted on 

12 the map entitled ‘‘Mad River Buttes, Mad River 

13 Proposed Wilderness’’ and dated September 17, 

14 2004, which shall be known as the ‘‘Mad River 

15 Buttes Wilderness’’. 

16 (6) SISKIYOU WILDERNESS ADDITION.— 

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

18 Rivers National Forest, comprising approxi19 mately 48,754 acres, as generally depicted on 

20 the maps described in subparagraph (B), is in21 corporated in and shall be considered to be a 

22 part of the Siskiyou Wilderness, as designated 

23 by section 101(a)(30) of the California Wilder24 ness Act of 1984 (16 U.S.C. 1132 note; Public 

25 Law 98–425). 
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1 (B) DESCRIPTION OF MAPS.—The maps 

2 referred to in subparagraph (A) are— 

3 (i) the map entitled ‘‘Bear Basin 

4 Butte Unit, Siskiyou Proposed Wilderness 

5 Additions, Six Rivers National Forest’’ and 

6 dated October 28, 2004; 

7 (ii) the map entitled ‘‘Blue Creek 

8 Unit, Siskiyou Proposed Wilderness Addi9 tion, Six Rivers National Forest’’ and 

10 dated October 28, 2004; 

11 (iii) the map entitled ‘‘Blue Ridge 

12 Unit, Siskiyou Proposed Wilderness Addi13 tion, Six Rivers National Forest’’ and 

14 dated September 17, 2004; 

15 (iv) the map entitled ‘‘Broken Rib 

16 Unit, Siskiyou Proposed Wilderness Addi17 tion, Six Rivers National Forest’’ and 

18 dated September 17, 2004; and 

19 (v) the map entitled ‘‘Wooly Bear 

20 Unit, Siskiyou Proposed Wilderness Addi21 tion, Six Rivers National Forest’’ and 

22 dated September 27, 2004. 

23 (7) MOUNT LASSIC WILDERNESS.—Certain land 

24 in the Six Rivers National Forest, comprising ap25 proximately 7,279 acres, as generally depicted on the 
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1 map entitled ‘‘Mt. Lassic Proposed Wilderness’’ and 

2 dated September 17, 2004, which shall be known as 

3 the ‘‘Mount Lassic Wilderness’’. 

4 (8) TRINITY ALPS WILDERNESS ADDITION.— 

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

6 Rivers National Forest, comprising approxi7 mately 28,805 acres, as generally depicted on 

8 the maps described in subparagraph (B) and 

9 which is incorporated in and shall be considered 

10 to be a part of the Trinity Alps Wilderness as 

11 designated by section 101(a)(34) of the Cali12 fornia Wilderness Act of 1984 (16 U.S.C. 1132 

13 note; Public Law 98–425). 

14 (B) DESCRIPTION OF MAPS.—The maps 

15 referred to in subparagraph (A) are— 

16 (i) the map entitled ‘‘Orleans Moun17 tain Unit (Boise Creek), Trinity Alps Pro18 posed Wilderness Addition, Six Rivers Na19 tional Forest’’, and dated October 28, 

20 2004; 

21 (ii) the map entitled ‘‘East Fork Unit, 

22 Trinity Alps Proposed Wilderness Addi23 tion, Six Rivers National Forest’’ and 

24 dated September 17, 2004; 
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1 (iii) the map entitled ‘‘Horse Linto 

2 Unit, Trinity Alps Proposed Wilderness 

3 Addition, Six Rivers National Forest’’ and 

4 dated September 17, 2004; and 

5 (iv) the map entitled ‘‘Red Cap Unit, 

6 Trinity Alps Proposed Wilderness Addi7 tion, Six Rivers National Forest’’ and 

8 dated September 17, 2004. 

9 (9) UNDERWOOD WILDERNESS.—Certain land 

10 in the Six Rivers National Forest, comprising ap11 proximately 2,977 acres, as generally depicted on the 

12 map entitled ‘‘Underwood Proposed Wilderness, Six 

13 Rivers National Forest’’ and dated September 17, 

14 2004, which shall be known as the ‘‘Underwood Wil15 derness’’. 

16 (10) CACHE CREEK WILDERNESS.—Certain 

17 land administered by the Bureau of Land Manage18 ment in Lake County, California, comprising ap19 proximately 30,870 acres, as generally depicted on 

20 the map entitled ‘‘Cache Creek Wilderness Area’’ 

21 and dated September 27, 2004, which shall be 

22 known as the ‘‘Cache Creek Wilderness’’. 

23 (11) CEDAR ROUGHS WILDERNESS.—Certain 

24 land administered by the Bureau of Land Manage25 ment in Napa County, California, comprising ap-
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1 proximately 6,350 acres, as generally depicted on the 

2 map entitled ‘‘Cedar Roughs Wilderness Area’’ and 

3 dated September 27, 2004, which shall be known as 

4 the ‘‘Cedar Roughs Wilderness’’. 

5 (12) SOUTH FORK EEL RIVER WILDERNESS.— 

6 Certain land administered by the Bureau of Land 

7 Management in Mendocino County, California, com8 prising approximately 12,915 acres, as generally de9 picted on the map entitled ‘‘South Fork Eel River 

10 Wilderness Area and Elkhorn Ridge Potential Wil11 derness’’ and dated September 27, 2004, which shall 

12 be known as the ‘‘South Fork Eel River Wilder13 ness’’. 

14 (13) KING RANGE WILDERNESS.— 

15 (A) IN GENERAL.—Certain land adminis16 tered by the Bureau of Land Management in 

17 Humboldt and Mendocino Counties, California, 

18 comprising approximately 42,585 acres, as gen19 erally depicted on the map entitled ‘‘King 

20 Range Wilderness’’, and dated November 12, 

21 2004, which shall be known as the ‘‘King 

22 Range Wilderness’’. 

23 (B) APPLICABLE LAW.—With respect to 

24 the wilderness designated by subparagraph (A), 

25 in the case of a conflict between this Act and 
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1 Public Law 91–476 (16 U.S.C. 460y et seq.), 

2 the more restrictive provision shall control. 

3 (14) ROCKS AND ISLANDS.— 

4 (A) IN GENERAL.—All Federally-owned 

5 rocks, islets, and islands (whether named or 

6 unnamed and surveyed or unsurveyed) that are 

7 located— 

8 (i) not more than 3 geographic miles 

9 off the coast of the King Range National 

10 Conservation Area; and 

11 (ii) above mean high tide. 

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

13 conflict between this Act and Proclamation No. 

14 7264 (65 Fed. Reg. 2821), the more restrictive 

15 provision shall control. 

16 SEC. 4. ADMINISTRATION OF WILDERNESS AREAS. 

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

18 each area designated as wilderness by this Act shall be 

19 administered by the Secretary in accordance with the Wil20 derness Act (16 U.S.C. 1131 et seq.), except that— 

21 (1) any reference in that Act to the effective 

22 date shall be considered to be a reference to the date 

23 of enactment of this Act; and 

24 (2) any reference in that Act to the Secretary 

25 of Agriculture shall be considered to be a reference 
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1 to the Secretary that has jurisdiction over the wil2 derness. 

3 (b) MAP AND DESCRIPTION.— 

4 (1) IN GENERAL.—As soon as practicable after 

5 the date of enactment of this Act, the Secretary 

6 shall file a map and a legal description of each wil7 derness area designated by this Act with— 

8 (A) the Committee on Resources of the 

9 House of Representatives; and 

10 (B) the Committee on Energy and Natural 

11 Resources of the Senate. 

12 (2) FORCE OF LAW.—A map and legal descrip13 tion filed under paragraph (1) shall have the same 

14 force and effect as if included in this Act, except 

15 that the Secretary may correct errors in the map 

16 and legal description. 

17 (3) PUBLIC AVAILABILITY.—Each map and 

18 legal description filed under paragraph (1) shall be 

19 filed and made available for public inspection in the 

20 appropriate office of the Secretary. 

21 (c) INCORPORATION OF ACQUIRED LAND AND INTER22 ESTS.—Any land within the boundary of a wilderness area 

23 designated by this Act that is acquired by the Federal 

24 Government shall— 
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1 (1) become part of the wilderness area in which 

2 the land is located; and 

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

4 Wilderness Act (16 U.S.C. 1131 et seq.), and any 

5 other applicable law. 

6 (d) WITHDRAWAL.—Subject to valid rights in exist7 ence on the date of enactment of this Act, the Federal 

8 land designated as wilderness by this Act is withdrawn 

9 from all forms of— 

10 (1) entry, appropriation, or disposal under the 

11 public land laws; 

12 (2) location, entry, and patent under the mining 

13 laws; and 

14 (3) disposition under all laws pertaining to min15 eral and geothermal leasing or mineral materials. 

16 (e) FIRE, INSECT, AND DISEASE MANAGEMENT AC17 TIVITIES.— 

18 (1) IN GENERAL.—The Secretary may take 

19 such measures in the wilderness areas designated by 

20 this Act as are necessary for the control and preven21 tion of fire, insects, and diseases, in accordance 

22 with— 

23 (A) section 4(d)(1) of the Wilderness Act 

24 (16 U.S.C. 1133(d)(1)); and 
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1 (B) House Report No. 98–40 of the 98th 

2 Congress. 

3 (2) REVIEW.—Not later than 1 year after the 

4 date of enactment of this Act, the Secretary shall re5 view existing policies applicable to the wilderness 

6 areas designated by this Act to ensure that author7 ized approval procedures for any fire management 

8 measures allow a timely and efficient response to 

9 fire emergencies in the wilderness areas. 

10 (f) ACCESS TO PRIVATE PROPERTY.— 

11 (1) IN GENERAL.—The Secretary shall provide 

12 any owner of private property within the boundary 

13 of a wilderness area designated by this Act adequate 

14 access to such property to ensure the reasonable use 

15 and enjoyment of the property by the owner. 

16 (2) KING RANGE WILDERNESS.— 

17 (A) IN GENERAL.—Subject to subpara18 graph (B), within the wilderness designated by 

19 section 3(13), the access route depicted on the 

20 map for private landowners shall also be avail21 able for invitees of the private landowners. 

22 (B) LIMITATION.—Nothing in subpara23 graph (A) requires the Secretary to provide any 

24 access to the landowners or invitees beyond the 
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1 access that would be available if the wilderness 

2 had not been designated. 

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

4 Secretary determines that hydrologic, meteorologic, or cli5 matological instrumentation is appropriate to further the 

6 scientific, educational, and conservation purposes of the 

7 wilderness areas designated by this Act, nothing in this 

8 Act prevents the installation and maintenance of the in9 strumentation within the wilderness areas. 

10 (h) MILITARY ACTIVITIES.—Nothing in this Act pre11 cludes low-level overflights of military aircraft, the des12 ignation of new units of special airspace, or the use or 

13 establishment of military flight training routes over wil14 derness areas designated by this Act. 

15 (i) LIVESTOCK.—Grazing of livestock and the mainte16 nance of existing facilities related to grazing in wilderness 

17 areas designated by this Act, where established before the 

18 date of enactment of this Act, shall be permitted to con19 tinue in accordance with— 

20 (1) section 4(d)(4) of the Wilderness Act (16 

21 U.S.C. 1133(d)(4)); and 

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

23 the report of the Committee on Interior and Insular 

24 Affairs of the House of Representatives accom-
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1 panying H.R. 2570 of the 101st Congress (H. Rept. 

2 101–405). 

3 (j) FISH AND WILDLIFE MANAGEMENT.— 

4 (1) IN GENERAL.—In furtherance of the pur5 poses of the Wilderness Act (16 U.S.C. 1131 et 

6 seq.), the Secretary may carry out management ac7 tivities to maintain or restore fish and wildlife popu8 lations and fish and wildlife habitats in wilderness 

9 areas designated by this Act if such activities are— 

10 (A) consistent with applicable wilderness 

11 management plans; and 

12 (B) carried out in accordance with applica13 ble guidelines and policies. 

14 (2) STATE JURISDICTION.—Nothing in this Act 

15 affects the jurisdiction of the State of California 

16 with respect to fish and wildlife on the public land 

17 located in the State. 

18 (k) USE BY MEMBERS OF INDIAN TRIBES.— 

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

20 wilderness areas designated by this Act by members 

21 of Indian tribes for traditional cultural and religious 

22 purposes, the Secretary shall ensure that Indian 

23 tribes have access to the wilderness areas for tradi24 tional cultural and religious purposes. 

25 (2) TEMPORARY CLOSURES.— 
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1 (A) IN GENERAL.—In carrying out this 

2 section, the Secretary, on request of an Indian 

3 tribe, may temporarily close to the general pub4 lic 1 or more specific portions of a wilderness 

5 area to protect the privacy of the members of 

6 the Indian tribe in the conduct of the tradi7 tional cultural and religious activities in the wil8 derness area. 

9 (B) REQUIREMENT.—Any closure under 

10 subparagraph (A) shall be made in such a man11 ner as to affect the smallest practicable area for 

12 the minimum period of time necessary for the 

13 activity to be carried out. 

14 (3) APPLICABLE LAW.—Access to the wilder15 ness areas under this subsection shall be in accord16 ance with— 

17 (A) Public Law 95–341 (commonly known 

18 as the ‘‘American Indian Religious Freedom 

19 Act’’) (42 U.S.C. 1996 et seq.); and 

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

21 seq.). 

22 (l) ADJACENT MANAGEMENT.— 

23 (1) IN GENERAL.—Nothing in this Act creates 

24 protective perimeters or buffer zones around any wil25 derness area designated by this Act. 
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1 (2) NONWILDERNESS ACTIVITIES.—The fact 

2 that nonwilderness activities or uses can be seen or 

3 heard from areas within a wilderness area des4 ignated by this Act shall not preclude the conduct of 

5 those activities or uses outside the boundary of the 

6 wilderness area. 

7 SEC. 5. RELEASE OF WILDERNESS STUDY AREAS. 

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

9 of section 603 of the Federal Land Policy and Manage10 ment Act of 1976 (43 U.S.C. 1782), any portion of a wil11 derness study area described in subsection (b) that is not 

12 designated as wilderness by this Act or any previous Act 

13 has been adequately studied for wilderness. 

14 (b) DESCRIPTION OF STUDY AREAS.—The study 

15 areas referred to in subsection (a) are— 

16 (1) the King Range Wilderness Study Area; 

17 (2) the Chemise Mountain Instant Study Area; 

18 (3) the Red Mountain Wilderness Study Area; 

19 (4) the Cedar Roughs Wilderness Study Area; 

20 and 

21 (5) those portions of the Rocky Creek/Cache 

22 Creek Wilderness Study Area in Lake County, Cali23 fornia which are not in R. 5 W., T. 12 N., sec. 22, 

24 Mount Diablo Meridian. 
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1 (c) RELEASE.—Any portion of a wilderness study 

2 area described in subsection (b) that is not designated as 

3 wilderness by this Act or any other Act enacted before the 

4 date of enactment of this Act shall not be subject to sec5 tion 603(c) of the Federal Land Policy and Management 

6 Act of 1976 (43 U.S.C. 1782(c)). 

7 SEC. 6. ELKHORN RIDGE POTENTIAL WILDERNESS AREA. 

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

9 the Wilderness Act (16 U.S.C. 1131 et seq.), certain pub10 lic land in the State administered by the Bureau of Land 

11 Management, compromising approximately 9,655 acres, as 

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

13 River Wilderness Area and Elkhorn Ridge Potential Wil14 derness’’ and dated September 27, 2004, is designated as 

15 a potential wilderness area. 

16 (b) MANAGEMENT.—Except as provided in subsection 

17 (c) and subject to valid existing rights, the Secretary shall 

18 manage the potential wilderness area as wilderness until 

19 the potential wilderness area is designated as wilderness. 

20 (c) ECOLOGICAL RESTORATION.— 

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

22 restoration (including the elimination of non-native 

23 species, removal of illegal, unused, or decommis24 sioned roads, repair of skid tracks, and any other 

25 activities necessary to restore the natural ecosystems 
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1 in the potential wilderness area), the Secretary may 

2 used motorized equipment and mechanized transport 

3 in the potential wilderness area until the potential 

4 wilderness area is designated as wilderness. 

5 (2) LIMITATION.—To the maximum extent 

6 practicable, the Secretary shall use the minimum 

7 tool or administrative practice necessary to accom8 plish ecological restoration with the least amount of 

9 adverse impact on wilderness character and re10 sources. 

11 (d) WILDERNESS DESIGNATION.— 

12 (1) IN GENERAL.—The potential wilderness 

13 area shall be designated as wilderness and as a com14 ponent of the National Wilderness Preservation Sys15 tem on the earlier of— 

16 (A) the date on which the Secretary pub17 lishes in the Federal Register notice that the 

18 conditions in the potential wilderness area that 

19 are incompatible with the Wilderness Act (16 

20 U.S.C. 1131 et seq.) have been removed; or 

21 (B) the date that is 5 years after the date 

22 of enactment of this Act. 

23 (2) ADMINISTRATION.—On designation as wil24 derness under paragraph (1), the potential wilder25 ness area shall be— 
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1 (A) known as the ‘‘Elkhorn Ridge Wilder2 ness’’; and 

3 (B) administered in accordance with this 

4 Act and the Wilderness Act (16 U.S.C. 1131 et 

5 seq.). 

6 SEC. 7. WILD AND SCENIC RIVER DESIGNATION. 

7 (a) DESIGNATION OF BLACK BUTTE RIVER, CALI8 FORNIA.—Section 3(a) of the Wild and Scenic Rivers Act 

9 (16 U.S.C. 1274(a)) is amended by adding at the end the 

10 following: 

11 ‘‘(167) BLACK BUTTE RIVER, CALIFORNIA.— 

12 The following segments of the Black Butte River in 

13 the State of California, to be administered by the 

14 Secretary of Agriculture: 

15 ‘‘(A) The 16 miles of Black Butte River, 

16 from the Mendocino County Line to its con17 fluence with Jumpoff Creek, as a wild river. 

18 ‘‘(B) The 3.5 miles of Black Butte River 

19 from its confluence with Jumpoff Creek to its 

20 confluence with Middle Eel River, as a scenic 

21 river. 

22 ‘‘(C) The 1.5 miles of Cold Creek from the 

23 Mendocino County Line to its confluence with 

24 Black Butte River, as a wild river.’’. 

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

2 after the date of enactment of this Act, the Sec3 retary of Agriculture shall submit to Congress— 

4 (A) a fire management plan for the Black 

5 Butte River segments designated by the amend6 ment under subsection (a); and 

7 (B) a report on the cultural and historic 

8 resources within those segments. 

9 (2) TRANSMITTAL TO COUNTY.—The Secretary 

10 of Agriculture shall transmit to the Board of Super11 visors of Mendocino County, California, a copy of 

12 the plan and report submitted under paragraph (1). 

13 SEC. 8. KING RANGE NATIONAL CONSERVATION AREA 

14 BOUNDARY ADJUSTMENT. 

15 Section 9 of Public Law 91–476 (16 U.S.C. 460y– 

16 8) is amended by adding at the end the following: 

17 ‘‘(d) In addition to the land described in subsections 

18 (a) and (c), the land identified as the King Range Na19 tional Conservation Area Additions on the map entitled 

20 ‘King Range Wilderness’ and dated November 12, 2004, 

21 is included in the Area.’’. 

Æ