Union Calendar No. 387

103D CONGRESS

2D SESSION H. R. 2866

[Report No. 103–667, Parts I and II]

A BILL

To provide for the sound management and protecderness preservation system. ing a portion of such lands in the national wil- to the Six Rivers National Forest and by includ- ty, California, by adding certain lands and waters tion of Redwood forest areas in Humboldt CounAUGUST 16, 1994

Reported from the Committee on Agriculture with an

clause 1(m), rule X within the jurisdiction of that committee pursuant toprovisions contained in the bill and amendment as falllater than August 16, 1994, for consideration of suchchant Marine and Fisheries for a period ending notamendment, and referred to the Committee on MerCommittee on Merchant Marine and Fisheries disprinted House on the State of the Union, and ordered to be charged; committed to the Committee of the Whole
IB

Union Calendar No. 387

103D CONGRESS

2D SESSION H. R. 2866

[Report No. 103–667, Parts I and II]

To provide for the sound management and protection of Redwood forest

areas in Humboldt County, California, by adding certain lands and

waters to the Six Rivers National Forest and by including a portion

of such lands in the national wilderness preservation system.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 4, 1993

Mr. HAMBURG (for himself, Mr. STARK, Mr. STUDDS, Mr. GEPHARDT, Mr.

MILLER of California, Mr. WAXMAN, Mr. DEFAZIO, Ms. WOOLSEY, Mrs.

SCHROEDER, Mr. MATSUI, Mr. MINETA, Mr. BRYANT, Mr. VENTO, Mr.

RAVENEL, Mr. ABERCROMBIE, Mr. RICHARDSON, Mr. SMITH of Iowa,

Ms. FURSE, Mr. EDWARDS of California, Mr. SABO, Mr. BROWN of Ohio,

Mr. POSHARD, Miss COLLINS of Michigan, Mr. ACKERMAN, Mr. DELLUMS, Mr. ANDREWS of Maine, Mr. OLVER, Ms. MOLINARI, Mr. MARKEY, Mr. BARRETT of Wisconsin, Mr. BEILENSON, Mr. BERMAN, Mr.

BISHOP, Mrs. MINK, Mr. BLACKWELL, Mr. SERRANO, Mr. BONIOR, Mr.

WASHINGTON, Mr. BROWN of California, Mr. JACOBS, Mr. COLEMAN,

Mr. MFUME, Ms. WATERS, Mr. WATT, Mr. TORRES, Mrs. CLAYTON, Mr.

RAHALL, Mr. CLYBURN, Mr. DIXON, Mrs. COLLINS of Illinois, Mr.

KOPETSKI, Mr. LANCASTER, Mr. ENGEL, Ms. SHEPHERD, Mr.

UNDERWOOD, Ms. ESHOO, Mr. INSLEE, Mr. POMEROY, Ms. ROYBAL-ALLARD, Mr. JOHNSON of South Dakota, Mr. EVANS, Mr. LIPINSKI, Mr.

FALEOMAVAEGA, Mr. MORAN, Mr. OWENS, Mr. PASTOR, Mr. FARR of

California, Mr. FILNER, Mr. HINCHEY, Mr. SCHUMER, Mr. FRANK of

Massachusetts, Mr. LANTOS, Mr. MARTINEZ, Mr. MCHALE, Mrs. MEEK,

Ms. PELOSI, Mrs. UNSOELD, Ms. VELA ́ZQUEZ, Mr. ROMERO-BARCELO ́,

Mr. SANDERS, and Mr. SHARP) introduced the following bill; which was

referred jointly to the Committees on Natural Resources and Agriculture

AUGUST 4, 1994

Reported from the Committee on Natural Resources with an amendment
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[Strike out all after the enacting clause and insert the part printed in italic]

AUGUST 16, 1994

Additional sponsors: Mr. KENNEDY, Mr. DE LUGO, Ms. MCKINNEY, Mr.

GEJDENSON, Mr. BARLOW, Mrs. MEYERS of Kansas, Mr. MURPHY, Mr.

TUCKER, Ms. SCHENK, Mr. MINGE, Mr. BAESLER, Mr. COPPERSMITH,

Mr. HILLIARD, Mr. KLEIN, Ms. ENGLISH of Arizona, Mr. THOMPSON of

Mississippi, Mr. PETERSON of Minnesota, Mr. BECERRA, Mr. TOWNS,

Mr. LEWIS of Georgia, Mr. FINGERHUT, Mr. FOGLIETTA, Mr. SCOTT,

Ms. LAMBERT, Mr. SHAYS, Mrs. MALONEY, Mr. MACHTLEY, Mr. YATES,

Mr. RANGEL, Mr. FLAKE, Mr. NADLER, Mr. GLICKMAN, Mr. SARPALIUS,

Mr. JEFFERSON, Mr. MCCLOSKEY, Ms. SLAUGHTER, Mr. KILDEE, Mr.

DEUTSCH, Mr. NEAL of Massachusetts, Mr. GUTIERREZ, Mr. CONYERS,

Mr. CLAY, Mr. JOHNSTON of Florida, Mr. BOEHLERT, Mr. MEEHAN, Ms.

NORTON, Mr. PRICE of North Carolina, Mrs. MORELLA, Mr. ZIMMER,

Mr. LEVIN, Mr. VALENTINE, Mr. HOCHBRUECKNER, Mr. FORD of Tennessee, Ms. BROWN of Florida, Mr. NEAL of North Carolina, Mr.

STRICKLAND, Mr. BILBRAY, Mr. SKAGGS, Mr. TRAFICANT, Mr. PORTER,

Mr. KREIDLER, and Mrs. LOWEY

Deleted sponsor: Mr. STUPAK (added May 4, 1994; deleted June 22, 1994)

AUGUST 16, 1994

Reported from the Committee on Agriculture with an amendment, and referred to the Committee on Merchant Marine and Fisheries for a period

ending not later than August 16, 1994, for consideration of such provisions contained in the bill and amendment as fall within the jurisdiction

of that committee pursuant to clause 1(m), rule X

[Strike out all after the enacting clause and insert the part printed in boldface roman]

AUGUST 16, 1994

Committee on Merchant Marine and Fisheries discharged; committed to the

Committee of the Whole House on the State of the Union, and ordered

to be printed

[For text of introduced bill, see copy of bill as introduced on August 4, 1993]

A BILL

To provide for the sound management and protection of

Redwood forest areas in Humboldt County, California,

by adding certain lands and waters to the Six Rivers

National Forest and by including a portion of such lands

in the national wilderness preservation system.
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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 ‘‘Headwaters Forest Act’’.

5 SEC. 2. FINDINGS AND PURPOSE.

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

7 (1) Redwoods are a significant national symbol

8 and a defining symbol of the State of California.

9 (2) Old growth redwood trees are a unique and

10 irreplaceable natural resource.

11 (3) Most of the Nation’s old growth forests have

12 been cut. Less than 5 percent of the original 2,000,000

13 acre Coast redwoods remain standing. The groves that

14 are left are crucial to maintain habitat needed for

15 survival of old-growth dependent species. The Head16 waters Forest, for example, is home to one of Califor17 nia’s three largest population of marbled murrelets,

18 rare sea birds that nest only in coastal old growth

19 trees; the Northern Spotted Owl; and native salmon

20 stocks that spawn in the Forest’s creeks.

21 (4) The remaining unprotected stands of old

22 growth forests and old growth redwoods are under im23 mediate threat of being harvested without regard to

24 their ecological importance and without following

25 Federal timber harvest guidelines.
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1 (5) Significant amounts of old growth redwoods

2 in the proposed National Forest additions are being

3 cut at a pace that is based on paying high interest

4 rates on poor quality bonds and not at a pace that

5 is based on sound forest management practices.

6 (b) PURPOSE.—The purpose of this Act is to provide

7 for the sound management and protection of old growth

8 Redwood forest areas in Humboldt County, California, and

9 to preserve and enhance habitat for the marbled murrelet,

10 Northern Spotted owl, native salmon stocks, and other old

11 growth forest dependent species, by adding certain lands

12 and waters to the Six Rivers National Forest and by in13 cluding a portion of such lands in the national wilderness

14 preservation system.

15 SEC. 3. ADDITION TO SIX RIVERS NATIONAL FOREST.

16 (a) EXTENSION OF BOUNDARIES.—The exterior bound17 aries of the Six Rivers National Forest in the State of Cali18 fornia are hereby extended to include the area comprising

19 approximately 44,000 acres, as generally depicted on the

20 map entitled ‘‘Six Rivers National Forest Addition pro21 posed’’, dated June 1993. Such area shall hereinafter in this

22 Act be referred to as the Six Rivers National Forest Addi23 tion. The map shall be on file and available for public in24 spection in the offices of the Forest Supervisor, Six Rivers
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1 National Forest, and in the offices of the Chief of the Forest

2 Service, Department of Agriculture.

3 (b) ACQUISITION OF LAND.—(1) The Secretary may

4 acquire lands or interests in land within the exterior bound5 aries of the Six Rivers National Forest Addition by dona6 tion, by purchase with donated or appropriated funds, or

7 by exchange. For purposes of such exchange, excess or sur8 plus lands under the jurisdiction of any other department,

9 agency, or instrumentality of the United States may be

10 transferred, subject to advance approval by Congress, to the

11 administrative jurisdiction of the Secretary if the Secretary

12 identifies such lands as suitable for exchange; such transfer

13 shall be without compensation to the transferring depart14 ment, agency, or instrumentality. When any tract of land

15 is only partly within such boundaries, the Secretary may

16 acquire all or any portion of the land outside of such bound17 aries in order to minimize the payment of severance costs.

18 Land so acquired outside of the boundaries may be ex19 changed by the Secretary for non-Federal lands within the

20 boundaries, and any land so acquired and not utilized for

21 exchange shall be reported to the General Services Adminis22 tration for disposal under the Federal Property and Admin23 istrative Services Act of 1949 (63 Stat. 377). Lands, and

24 interests in lands, within the boundaries of the Six Rivers

25 National Forest Addition which are owned by the State of
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1 California or any political subdivision thereof, may be ac2 quired only by donation or exchange.

3 (2) The Secretary is authorized to accept from the

4 State of California funds to cover the cost of acquiring lands

5 within the Six Rivers National Forest Addition, and not6 withstanding any other provision of law, the Secretary may

7 retain and expend such funds for purposes of such acquisi8 tion. Such funds shall be available for such purposes with9 out further appropriation and without fiscal year limita10 tion.

11 (c) LAND ACQUISITION PLAN.—The Secretary shall de12 velop and implement, within 6 months after the enactment

13 of this Act, a land acquisition plan which contains specific

14 provisions addressing how and when lands will be acquired

15 under subsection (b). The plan shall give priority first to

16 the acquisition of lands within the boundaries of the Head17 waters Forest Wilderness identified on the map referred to

18 in section 3(a). Such plan shall include an analysis of the

19 possibilities for noncash compensation for the acquisition

20 of these lands including but not limited to the use of excess

21 and surplus Federal properties. The Secretary shall identify

22 and list such properties. The Secretary shall submit copies

23 of such plan to the Committee on Natural Resources, the

24 Committee on Agriculture, and the Committee on Appro25 priations of the United States House of Representatives and
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1 to the Committee on Energy and Commerce, the Committee

2 on Agriculture, Nutrition, and Forestry and the Committee

3 on Appropriations of the United States Senate.

4 (d) AUTHORIZATION OF APPROPRIATIONS.—There are

5 hereby authorized to be appropriated such sums as may be

6 necessary to carry out the purposes of this Act.

7 SEC. 4. WILDERNESS AREAS.

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

9 the Wilderness Act (16 U.S.C. 1131–1136), lands in the

10 State of California acquired under section 3 of this Act

11 which are within the areas generally depicted on the map

12 referred to in section 3 as the ‘‘Headwaters Forest Wilder13 ness (Proposed)’’ shall be designated as wilderness and

14 therefore as a component of the National Wilderness Preser15 vation System, effective upon acquisition under section 3.

16 Such lands shall be known as the Headwaters Forest Wil17 derness.

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

19 after the inclusion of any lands in the Headwaters Forest

20 Wilderness, the Secretary shall file a map and a legal de21 scription of the area so included with the Committee on

22 Natural Resources of the House of Representatives and with

23 the Committee on Energy and Natural Resources of the

24 United States Senate. The Secretary may correct clerical

25 and typographical errors in such legal description and such
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1 map. Each such map and legal description shall be on file

2 and available for public inspection in the Office of the Chief

3 of the Forest Service, United States Department of Agri4 culture.

5 (c) BUFFER ZONES NOT INTENDED.—The Congress

6 does not intend that designation of any area as wilderness

7 under this section lead to the creation of protective perim8 eters or buffer zones around the wilderness area. The fact

9 that nonwilderness activities or uses can be seen or heard

10 from areas within a wilderness shall not, of itself, preclude

11 such activities or uses up to the boundary of the wilderness

12 area.

13 (d) STATE AUTHORITY OVER FISH AND WILDLIFE.—

14 As provided in section 4(d)(8) of the Wilderness Act, noth15 ing in this Act shall be construed as affecting the jurisdic16 tion or responsibilities of the State of California with re17 spect to wildlife and fish in any areas designated by this

18 Act as wilderness.

19 SEC. 5. ADMINISTRATION.

20 (a) MANAGEMENT PLAN.—The Secretary shall develop,

21 within 1 year after acquiring all or part of the lands identi22 fied to be acquired in section 3, a comprehensive manage23 ment plan for the lands so acquired detailing measures for

24 the preservation of the existing old growth redwood
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1 ecosystems in the Six Rivers National Forest Addition, in2 cluding but not limited to each of the following:

3 (1) Prohibition of sale of timber from lands

4 within the old growth redwood groves as depicted gen5 erally on the map referred to in section 3(a). Timber

6 sales in other areas shall be allowed consistent with

7 the purposes of this Act and other applicable Federal

8 laws and regulations.

9 (2) Measures to restore lands affected by previous

10 timber harvests to mitigate watershed degradation

11 and impairment of habitat for the marbled murrelet,

12 spotted owl, native salmon stocks, and other old13 growth forest dependent species (‘‘Restoration Meas14 ures’’).

15 The Management Plan shall be reviewed and revised every

16 time the Six Rivers National Forest Land and Resource

17 Management plan is revised or more frequently as necessary

18 to meet the purposes of this Act.

19 (b) APPLICABLE LAWS AND POLICIES.—(1) The Sec20 retary, acting through the Chief of the Forest Service, shall

21 administer the lands acquired under section 3(b) in accord22 ance with the Management Plan, this Act, and with the

23 other laws, rules, and regulations applicable to such na24 tional forest. In addition, subject to valid existing rights,

25 any lands acquired and designated as wilderness under sec-
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1 tion 4(a) shall also be administered in accordance with the

2 provisions of the Wilderness Act governing areas designated

3 by that Act as wilderness, except that any reference in such

4 provisions to the effective date of the Wilderness Act (or any

5 similar reference) shall be deemed to be a reference to the

6 date of acquisition of such lands under section 3 of this

7 Act.

8 (2) To the maximum extent practicable, all work to

9 implement the management plan’s Restoration Measures

10 shall be performed by unemployed forest and timber work11 ers, unemployed commercial fishermen, or other unem12 ployed persons whose livelihood depends on fishery and tim13 ber resources.

14 (3) In order to facilitate management, the Secretary,

15 acting through the Chief of the Forest Service may enter

16 into agreements with the State of California for the man17 agement of lands owned by the State or purchased with

18 State assistance.

19 SEC. 6. PAYMENTS TO LOCAL GOVERNMENT.

20 (a) PILT.—Solely for purposes of payments made

21 pursuant to chapter 69 of title 31 of the United States Code,

22 all lands added to the Six Rivers National Forest by this

23 Act shall be deemed to have been acquired for the purposes

24 specified in section 6904(a) of such title 31.
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1 (b) 10-YEAR PAYMENT.—(1) Subject to annual appro2 priations and the provisions of subsection (c), for a period

3 of 10 years after acquisition by the United States of lands

4 added to the Six Rivers National Forest by this Act, the

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

6 annual payments to Humboldt County in the State of Cali7 fornia in an amount equal to the State of California Tim8 ber Yield Tax revenues payable under the California Reve9 nue and Taxation Code (sec. 38101 et seq.) in effect as of

10 the date of enactment of this Act that would have been paid

11 with respect to such lands if the lands had not been acquired

12 by the United States, as determined by the Secretary pursu13 ant to this subsection.

14 (2) The Secretary shall determine the amounts to be

15 paid pursuant to paragraph (1) of this subsection based on

16 an assessment of a variety of factors including, but not lim17 ited to—

18 (A) timber actually sold in the subject year from

19 comparable commercial forest lands of similar soil

20 type, slope and such determination of appropriate

21 timber harvest levels,

22 (B) comparable timber size class, age, and qual23 ity,

24 (C) market conditions,
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1 (D) all applicable Federal, State, and local laws

2 and regulations, and

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

4 renewable timber resources.

5 (c) CALIFORNIA TIMBER YIELD TAX.—The amount of

6 State of California Timber Yield Tax payments paid to

7 Humboldt County in any year pursuant to the laws of Cali8 fornia for timber sold from lands acquired under this Act

9 shall be deducted from the sums to be paid to Humboldt

10 County in that year under subsection (b).

11 (d) 25-PERCENT FUND.—Amounts paid under sub12 section (b) with respect to any land in any year shall be

13 reduced by any amounts paid under the Act of May 23,

14 1908 (16 U.S.C. 500) which are attributable to sales from

15 the same lands in that year.

16 SEC. 7. FOREST STUDY.

17 The Secretary shall study the lands within the area

18 comprising approximately 13,620 acres and generally de19 picted as ‘‘Study Area’’ on the map referred to in section

20 3(a). The study shall analyze the area’s potential to be

21 added to the Headwaters Forest and shall identify the natu22 ral resources of the area including the location of old growth

23 forests, old growth redwood stands, threatened and endan24 gered species habitat and populations including the north25 ern spotted owl and marbled murrelet, commercial timber
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1 volume, recreational opportunities, wildlife and fish, water2 shed management, and the cost of acquiring the land. With3 in one year of the date of enactment of this Act, the Sec4 retary shall submit a report with the findings of the study

5 to the Committees on Natural Resources, and Agriculture

6 of the United States House of Representatives and the Com7 mittees on Energy and Natural Resources, and Agriculture,

8 Nutrition, and Forestry of the United States Senate.

9 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

11 the ‘‘Headwaters Forest Act’’.

12 (b) TABLE OF CONTENTS.—The table of con13 tents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings, purpose, and definitions.

Sec. 3. Addition to Six Rivers National Forest.

Sec. 4. Wilderness areas.

Sec. 5. Administration.

Sec. 6. Payments to local government.

Sec. 7. Forest study.

Sec. 8. No adverse effect on lands until acquired.

14 SEC. 2. FINDINGS, PURPOSE, AND DEFINITIONS.

15 (a) FINDINGS.—Congress finds the follow16 ing:

17 (1) Redwoods are a significant na18 tional symbol and a defining symbol of

19 the State of California.
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1 (2) Old growth redwood trees are a

2 unique and irreplaceable natural re3 source.

4 (3) Most of the Nation’s old growth

5 forests have been cut. Less than 5 per6 cent of the original 2,000,000 acres of

7 coastal redwoods remain standing. The

8 groves that are left are crucial to main9 tain habitat needed for survival of old10 growth dependent species. The Head11 waters Forest, for example, is home to

12 one of California’s three largest popu13 lations of marbled murrelets, rare sea

14 birds that nest only in coastal old growth

15 trees; the northern spotted owl; and na16 tive salmon stocks that spawn in the for17 est’s creeks.

18 (4) The remaining unprotected stands

19 of old growth forests and old growth red20 woods are under immediate threat of

21 being harvested without regard to their

22 ecological importance and without fol23 lowing Federal timber harvest guidelines.

24 (5) Significant amounts of old growth

25 redwoods in the proposed National For-
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1 est additions are being cut at a pace that

2 is based on paying high interest rates on

3 poor quality bonds and not at a pace that

4 is based on sound forest management

5 practices.

6 (b) PURPOSE.—The purpose of this Act is to

7 provide for the sound management and pro8 tection of old growth redwood forest areas in

9 Humboldt County, California, and to preserve

10 and enhance habitat for the marbled

11 murrelet, northern spotted owl, native salmon

12 stocks, and other old growth forest dependent

13 species, by adding certain lands and waters to

14 the Six Rivers National Forest and by includ15 ing a portion of the lands in the National Wil16 derness Preservation System.

17 (c) DEFINITIONS.—For purposes of this Act:

18 (1) The terms ‘‘Six Rivers National

19 Forest Addition’’ and ‘‘Headwaters For20 est’’ mean the area authorized for land

21 acquisition activities under section 3, as

22 depicted on the map described in section

23 3(b)(1).

24 (2) The term ‘‘Secretary’’ means the

25 Secretary of Agriculture.
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1 SEC. 3. ADDITION TO SIX RIVERS NATIONAL FOREST.

2 (a) MODIFICATION OF BOUNDARIES.—Effec3 tive upon the consummation of a land acquisi4 tion conducted as provided in subsection (b),

5 the Secretary of Agriculture shall modify the

6 exterior boundaries of the Six Rivers National

7 Forest in the State of California to include the

8 acquired lands.

9 (b) ACQUISITION OF LAND.—

10 (1) AREA FOR ACQUISITION ACTIVITIES.—

11 The Secretary may acquire lands and in12 terests in land within the boundaries of

13 an area comprising approximately 44,000

14 acres, as generally depicted on the map

15 entitled ‘‘Six Rivers National Forest Addi16 tion proposed’’ and dated June 1993, for

17 inclusion in the Six Rivers National For18 est under subsection (a). The map shall

19 be on file and available for public inspec20 tion in the offices of the Forest Super21 visor, Six Rivers National Forest, and in

22 the offices of the Chief of the Forest Serv23 ice, Department of Agriculture.

24 (2) MANNER OF CONDUCTING ACQUISI25 TION.—Lands and interests in lands with26 in the Six Rivers National Forest Addi-
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1 tion may be acquired by the Secretary

2 only by donation, by purchase with do3 nated or appropriated funds, or by ex4 change.

5 (3) CONSENT OF OWNER REQUIRED FOR

6 ACQUISITION.—Lands and interests in

7 lands within the Six Rivers National For8 est Addition may not be acquired by the

9 Secretary for purposes of this Act with10 out the consent of the owner of the lands.

11 (4) SPECIAL RULE FOR FEDERAL TRANS12 FERS.—For purposes of making an ex13 change under paragraph (2), excess or

14 surplus lands under the jurisdiction of

15 any other department, agency, or instru16 mentality of the United States may be

17 transferred, subject to the advance ap18 proval of the transfer by law, to the ad19 ministrative jurisdiction of the Secretary

20 if the Secretary identifies the lands as

21 suitable for use in making an exchange.

22 To facilitate the approval of a transfer of

23 lands under this paragraph, the Sec24 retary shall submit to the Committee on

25 Agriculture and the Committee on Natu-
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1 ral Resources of the House of Representa2 tives and to the Committee on Agri3 culture, Nutrition, and Forestry of the

4 Senate proposed legislation in connection

5 with the proposed transfer. The transfer

6 of lands under this paragraph shall be

7 made without compensation to the trans8 ferring department, agency, or instru9 mentality.

10 (5) ACQUISITION OF CERTAIN LANDS OUT11 SIDE ADDITION.—When a tract of land pro12 posed to be acquired is only partly within

13 the Six Rivers National Forest Addition,

14 the Secretary may acquire all or any por15 tion of the land outside of the Six Rivers

16 National Forest Addition to minimize the

17 payment of severance costs. Land ac18 quired outside of the boundaries may be

19 exchanged by the Secretary for non-Fed20 eral lands within the boundaries. Land

21 acquired outside of the boundaries of the

22 Six Rivers National Forest Addition

23 under this paragraph and not used for

24 exchange shall be reported to the Admin25 istrator of the General Services Adminis-
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1 tration for disposal under the Federal

2 Property and Administrative Services Act

3 of 1949 (40 U.S.C. 471 et seq.).

4 (6) SPECIAL RULE FOR STATE OR LOCAL

5 GOVERNMENT LANDS.—Lands and interests

6 in lands within the boundaries of the Six

7 Rivers National Forest Addition that are

8 owned by the State of California or any

9 political subdivision thereof, may be ac10 quired only by donation or exchange.

11 (7) ACCEPTANCE AND USE OF FUNDS.—

12 The Secretary may accept from the State

13 of California funds to cover the cost of

14 acquiring lands within the Six Rivers Na15 tional Forest Addition. Notwithstanding

16 any other provision of law, the Secretary

17 may retain and expend such funds for

18 purposes of such acquisition. Such funds

19 shall be available for such purpose with20 out further appropriation and without

21 fiscal year limitation.

22 (c) LAND ACQUISITION PLAN.—The Sec23 retary shall develop and implement, within 6

24 months after the date of the enactment of this

25 Act, a land acquisition plan that contains spe-
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1 cific provisions addressing how and when

2 lands will be acquired under subsection (b).

3 The plan shall give priority first to the acqui4 sition of lands within the Six Rivers National

5 Forest Addition proposed for inclusion in the

6 National Wilderness Preservation System.

7 The plan shall include an analysis of the pos8 sibilities for acquisition through means other

9 than the expenditure of funds, including the

10 use of excess and surplus Federal properties.

11 The Secretary shall identify and list these

12 properties. The Secretary shall submit copies

13 of the plan to the Committee on Natural Re14 sources, the Committee on Agriculture, and

15 the Committee on Appropriations of the

16 House of Representatives and to the Commit17 tee on Energy and Commerce, the Committee

18 on Agriculture, Nutrition, and Forestry, and

19 the Committee on Appropriations of the Sen20 ate.

21 (d) AUTHORIZATION OF APPROPRIATIONS.—

22 There are hereby authorized to be appro23 priated such sums as may be necessary to

24 carry out the purposes of this Act.
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1 (e) TERMINATION OF ACQUISITION AUTHOR2 ITY.—Notwithstanding any other provision of

3 this section, the Secretary may not acquire

4 lands under the authority of this section after

5 the end of the 10-year period beginning on the

6 date of the enactment of this Act.

7 SEC. 4. WILDERNESS AREAS.

8 (a) DESIGNATION.—In furtherance of the

9 purposes of the Wilderness Act (16 U.S.C.

10 1131–1136), lands in the Six Rivers National

11 Forest Addition acquired under section 3 that

12 are within the areas generally depicted on the

13 map referred to in section 3(b)(1) as the

14 ‘‘Headwaters Forest Wilderness (Proposed)’’

15 shall be designated as wilderness and there16 fore as a component of the National Wilder17 ness Preservation System, effective upon ac18 quisition under section 3. The acquired lands

19 shall be known as the Headwaters Forest Wil20 derness.

21 (b) MAP AND DESCRIPTION.—As soon as

22 practicable after the inclusion of any lands in

23 the Headwaters Forest Wilderness, the Sec24 retary shall file a map and a legal description

25 of the area so included with the Committee on
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1 Natural Resources of the House of Represent2 atives and with the Committee on Energy and

3 Natural Resources of the Senate. The Sec4 retary may correct clerical and typographical

5 errors in such legal description and such map.

6 Each such map and legal description shall be

7 on file and available for public inspection in

8 the offices of the Forest Supervisor, Six Riv9 ers National Forest, and in the offices of the

10 Chief of the Forest Service, Department of Ag11 riculture.

12 (c) BUFFER ZONES NOT INTENDED.—Con13 gress does not intend that designation of any

14 area as wilderness under this section lead to

15 the creation of protective perimeters or buff16 er zones around the wilderness area. The fact

17 that nonwilderness activities or uses can be

18 seen or heard from areas within the wilder19 ness area shall not, of itself, preclude such ac20 tivities or uses up to the boundary of the wil21 derness area.

22 (d) STATE AUTHORITY OVER FISH AND WILD23 LIFE.—As provided in section 4(d)(7) of the

24 Wilderness Act (16 U.S.C. 1133(d)(7)), nothing

25 in this Act shall be construed as affecting the
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1 jurisdiction or responsibilities of the State of

2 California with respect to wildlife and fish in

3 any areas designated by this Act as wilder4 ness.

5 SEC. 5. ADMINISTRATION.

6 (a) MANAGEMENT PLAN.—Within 1 year

7 after acquiring all or part of the lands identi8 fied to be acquired in section 3, the Secretary

9 shall develop a comprehensive management

10 plan for the acquired lands detailing meas11 ures for the preservation of the existing old

12 growth redwood ecosystems. The manage13 ment plan shall include each of the following

14 with respect to the lands so aquired:

15 (1) Prohibition of the sale of timber

16 from lands within the old growth red17 wood groves as depicted generally on the

18 map referred to in section 3(b)(1). Timber

19 sales in other areas within the Six Rivers

20 National Forest Addition shall be allowed

21 consistent with the purposes of this Act

22 and other applicable Federal laws and

23 regulations.

24 (2) Measures to restore lands affected

25 by previous timber harvests to mitigate
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1 watershed degradation and impairment

2 of habitat for the marbled murrelet,

3 northern spotted owl, native salmon

4 stocks, and other old-growth forest de5 pendent species.

6 The management plan shall be reviewed and

7 revised each time the land and resource man8 agement plan for the Six Rivers National For9 est is revised or more frequently as necessary

10 to meet the purposes of this Act.

11 (b) APPLICABLE LAWS AND POLICIES.—The

12 Secretary shall administer the lands acquired

13 under section 3 in accordance with the man14 agement plan developed under subsection (a),

15 this Act, and with the other laws, rules, and

16 regulations applicable to the Six Rivers Na17 tional Forest. In addition, subject to valid ex18 isting rights, any lands acquired and des19 ignated as wilderness under section 4(a) shall

20 also be administered in accordance with the

21 provisions of the Wilderness Act (16 U.S.C.

22 1131–1136) governing areas designated under

23 that Act as wilderness, except that any ref24 erence in such provisions to the effective date

25 of the Wilderness Act (or any similar ref-
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1 erence) shall be deemed to be a reference to

2 the date of the acquisition of the lands under

3 section 3.

4 (c) USE OF UNEMPLOYED PERSONS.—To the

5 maximum extent practicable, all work to im6 plement the restoration measures included in

7 the management plan under subsection (a)(2)

8 shall be performed by forest and timber work9 ers, commercial fishermen, or other persons,

10 who are otherwise unemployed and whose

11 livelihood depends on fishery and timber re12 sources.

13 (d) STATE AGREEMENTS.—To facilitate man14 agement, the Secretary, acting through the

15 Chief of the Forest Service, may enter into

16 agreements with the State of California for

17 the management of lands owned by the State

18 or purchased with State assistance.

19 SEC. 6. PAYMENTS TO LOCAL GOVERNMENT.

20 (a) PILT.—Solely for purposes of pay21 ments made pursuant to chapter 69 of title 31

22 of the United States Code, all lands added to

23 the Six Rivers National Forest by this Act

24 shall be deemed to have been acquired for the
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1 purposes specified in section 6904(a) of such

2 title.

3 (b) 10-YEAR PAYMENT.—

4 (1) ANNUAL PAYMENTS.—Subject to an5 nual appropriations and the provisions of

6 subsection (c), for a period of 10 years

7 after acquisition by the United States of

8 lands under section 3, the Secretary, with

9 respect to the acquired lands, shall make

10 annual payments to Humboldt County in

11 the State of California in an amount

12 equal to the State of California Timber

13 Yield Tax revenues under the California

14 Revenue and Taxation Code (sec. 38101 et

15 seq.) in effect as of the date of enactment

16 of this Act that would have been paid

17 with respect to the lands if the lands had

18 not been acquired by the United States,

19 as determined by the Secretary under

20 this subsection.

21 (2) AMOUNT OF PAYMENT.—The Sec22 retary shall determine the amounts to be

23 paid under paragraph (1) based on an as24 sessment of a variety of factors, includ25 ing—
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1 (A) timber actually sold in the

2 subject year from comparable com3 mercial forest lands of similar soil

4 type, slope and such determination of

5 appropriate timber harvest levels;

6 (B) comparable timber size, class,

7 age, and quality;

8 (C) market conditions;

9 (D) all applicable Federal, State,

10 and local laws and regulations; and

11 (E) the goal of sustainable, even12 flow harvest or renewable timber re13 sources.

14 (c) CALIFORNIA TIMBER YIELD TAX.—The

15 amount of State of California Timber Yield

16 Tax payments paid to Humboldt County in

17 any year under the laws of California for tim18 ber sold from lands acquired under section 3

19 shall be deducted from the sums to be paid to

20 Humboldt County in that year under sub21 section (b).

22 (d) 25-PERCENT FUND.—Amounts paid

23 under subsection (b) with respect to any land

24 in any year shall be reduced by any amounts

25 paid under the Act of May 23, 1908 (16 U.S.C.
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1 500), which are attributable to sales from the

2 same lands in that year.

3 SEC. 7. FOREST STUDY.

4 (a) STUDY REQUIRED.—The Secretary shall

5 study the lands within the area comprising

6 approximately 13,620 acres and generally de7 picted as ‘‘Study Area’’ on the map referred to

8 in section 3(b)(1). The study shall analyze the

9 area’s potential to be added to the Six Rivers

10 National Forest Addition and shall identify

11 the natural resources of the area. Such re12 sources include the location of old growth for13 ests, old growth redwood stands, threatened

14 and endangered species habitat and popu15 lations, including the northern spotted owl

16 and marbled murrelet, commercial timber

17 volume, recreational opportunities, wildlife

18 and fish. The Secretary shall also study the

19 watershed management of the area and the

20 cost of acquiring the land.

21 (b) RESULTS OF STUDY.—Not later than one

22 year after the date of the enactment of this

23 Act, the Secretary shall submit to the Commit24 tees on Natural Resources and Agriculture of

25 the House of Representatives and the Com-
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1 mittees on Energy and Natural Resources and

2 Agriculture, Nutrition, and Forestry of the

3 Senate a report containing the findings and

4 results of the study conducted under sub5 section (a).

6 SEC. 8. NO ADVERSE EFFECT ON LANDS UNTIL ACQUIRED.

7 (a) IN GENERAL.—Until the lands in the Six

8 River National Forest Addition are acquired

9 under this Act, the owners of the lands and

10 their designees shall be entitled to the full

11 and lawful use and enjoyment of the lands.

12 Nothing in this Act may be—

13 (1) construed to impose any limita14 tions upon any otherwise lawful use of

15 the lands by the owners of the lands or

16 their designees;

17 (2) construed as authority to defer

18 the submission, review, approval, or im19 plementation of any timber harvest or

20 similar plan with respect to any portion

21 of the lands; or

22 (3) construed to grant a cause of ac23 tion against the owner of the lands or

24 their designees.
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1 (b) VOLUNTARY DEFERMENT OF USE.—The

2 owners of lands described in section 3 or their

3 designees may agree of their own accord to

4 defer some or all lawful enjoyment and use of

5 the land for a certain period of time.

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