II

103D CONGRESS

2D SESSION S. 2285

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, and for

other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 14 (legislative day, JULY 11), 1994

Mrs. BOXER introduced the following bill; which was read twice and referred

to the Committee on Energy and Natural Resources

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, 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 ‘‘Headwaters Forest Act

5 of 1994’’.
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1 SEC. 2. FINDINGS AND PURPOSE.

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

3 (1) Redwoods are a significant national symbol

4 and a defining symbol of the State of California.

5 (2) Old growth stands of redwood trees are a

6 unique and irreplaceable natural resource.

7 (3) Most of the old growth forests of the United

8 States have been cut.

9 (4) Less than 5 percent of the original

10 2,000,000 acres of redwood trees of the West Coast

11 of California remain standing.

12 (5) The redwood stands that remain are crucial

13 to maintain habitat needed for survival of species

14 that are dependent on old growth forests.

15 (6) An example of an old growth redwood forest

16 that is crucial to the survival of species that are de17 pendent on old growth forests is the Headwaters

18 Forest, California.

19 (7) The Headwaters Forest is home to one of

20 the three largest populations in California of mar21 bled murrelets, a rare sea bird that nests only in

22 coastal old growth trees and such forest also pro23 vides habitat for the northern spotted owl and native

24 salmon stocks that spawn in the creeks of the forest.

25 (8) The other remaining stands of old growth

26 forests and old growth redwoods are unprotected
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1 and are under immediate threat of being harvested

2 without regard to a consideration of their ecological

3 importance and without the benefit of Federal tim4 ber harvest guidelines.

5 (9) Instead of basing decisions on sound forest

6 management practices, harvesters of old growth red7 woods are cutting significant amounts of old growth

8 redwoods in the areas proposed to be added to the

9 National Forest pursuant to this Act at a rate deter10 mined by the demands for the payment of high in11 terest on poor quality bonds.

12 (b) PURPOSES.—The purposes of this Act are to add

13 certain lands and waters to the Six Rivers National For14 est, California, and include a portion of such lands and

15 waters in the national wilderness preservation system—

16 (1) to provide for the sound management and

17 protection of old growth redwood forest areas in

18 Humboldt County, California; and

19 (2) to preserve and enhance habitat for the

20 marbled murrelet, the northern spotted owl, native

21 salmon stocks, and other species that are dependent

22 on old growth forests.

23 SEC. 3. DEFINITIONS.

24 As used in this Act:
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1 (1) HEADWATERS FOREST.—The term ‘‘Head2 waters Forest’’ means the Headwaters Forest, Cali3 fornia.

4 (2) HEADWATERS FOREST WILDERNESS.—The

5 term ‘‘Headwaters Forest Wilderness’’ means the

6 lands in the State of California that are acquired

7 pursuant to section 4 that are within the areas gen8 erally depicted on the map referred to in section 4(a)

9 as the ‘‘Headwaters Forest Wilderness (Proposed)’’.

10 (3) SIX RIVERS NATIONAL FOREST ADDITION.—

11 The term ‘‘Six Rivers National Forest Addition’’

12 means the area added to the Six Rivers National

13 Forest pursuant to section 4.

14 SEC. 4. ADDITION TO SIX RIVERS NATIONAL FOREST.

15 (a) EXTENSION OF BOUNDARIES.—

16 (1) IN GENERAL.—The exterior boundaries of

17 the Six Rivers National Forest in the State of Cali18 fornia are hereby extended to include the area com19 prising approximately 44,000 acres, as generally de20 picted on the map prepared by the National Forest

21 Service entitled ‘‘Six Rivers National Forest Addi22 tion proposed’’, dated June 1993.

23 (2) FILING OF MAP.—A copy of the map re24 ferred to in paragraph (1) shall be on file and avail25 able for public inspection in the office of the Forest
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1 Supervisor, Six Rivers National Forest, and in the

2 office of the Chief of the Forest Service, Department

3 of Agriculture.

4 (b) ACQUISITION OF LAND.—

5 (1) IN GENERAL.—

6 (A) MEANS OF ACQUISITION.—The Sec7 retary may acquire lands or interests in land

8 within the exterior boundaries of the Six Rivers

9 National Forest Addition by donation, by pur10 chase with donated or appropriated funds, or by

11 an exchange.

12 (B) EXCESS AND SURPLUS FEDERAL

13 PROPERTY.—If the Secretary identifies as suit14 able for an exchange under subparagraph (A),

15 excess or surplus Federal property, as deter16 mined under the Federal Property and Admin17 istrative Services Act of 1949 (40 U.S.C. 471

18 et seq.) in the form of lands that are under the

19 jurisdiction of any other department, agency, or

20 instrumentality of the United States, the Sec21 retary may take such action as may be nec22 essary to obtain the advance approval of Con23 gress to transfer the lands to the Secretary for

24 exchange. A transfer of such lands shall be

25 made on the condition that the department,
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1 agency, or instrumentality that transfers the

2 lands may not receive compensation for such

3 transfer.

4 (C) ACQUISITION OF LANDS OUTSIDE OF

5 BOUNDARIES.—If a tract of land is only partly

6 within the boundaries referred to in subpara7 graph (A), the Secretary may acquire all or any

8 portion of the land outside of such boundaries

9 in order to minimize the payment of severance

10 costs.

11 (D) EXCHANGE OF LANDS ACQUIRED OUT12 SIDE OF BOUNDARIES.—Land acquired pursu13 ant to subparagraph (B) outside of the bound14 aries referred to in subparagraph (A) may be

15 exchanged by the Secretary for non-Federal

16 lands within such boundaries.

17 (E) CERTAIN UNEXCHANGED LANDS.—The

18 Secretary shall report the acquisition of any

19 land acquired pursuant to subparagraph (B)

20 that is not exchanged by the Secretary pursu21 ant to subparagraph (D) to the Administrator

22 of the General Services Administration. The

23 Administrator shall dispose of such lands pur24 suant to the Federal Property and Administra-
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1 tive Services Act of 1949 (40 U.S.C. 471 et

2 seq.).

3 (F) REQUIREMENTS FOR ACQUISITION OF

4 CERTAIN LANDS.—Lands, and interests in

5 lands, within the boundaries of the Six Rivers

6 National Forest Addition which are owned by

7 the State of California or any political subdivi8 sion thereof, may be acquired only by donation

9 or exchange.

10 (2) ACCEPTANCE OF FUNDS.—

11 (A) IN GENERAL.—The Secretary may—

12 (i) accept from the State of California

13 funds in an amount sufficient to cover the

14 cost of acquiring lands within the Six Riv15 ers National Forest Addition pursuant to

16 this Act; and

17 (ii) notwithstanding any other provi18 sion of law, retain and expend such funds

19 for purposes of such acquisition.

20 (B) TREATMENT OF FUNDS.—Any funds

21 made available to the Secretary pursuant to

22 subparagraph (A) shall be used for the pur23 poses specified in such paragraph without fur24 ther appropriation and without fiscal year limi25 tation.
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1 (c) LAND ACQUISITION PLAN.—

2 (1) IN GENERAL.—Not later than 180 days

3 after the date of enactment of this Act, the Sec4 retary shall develop and implement a land acquisi5 tion plan.

6 (2) CONTENT OF PLAN.—A plan developed

7 under paragraph (1) shall—

8 (A) contain specific provisions addressing

9 the time and manner of the acquisition of lands

10 under subsection (b);

11 (B) in acquiring such lands, give first pri12 ority to the acquisition of lands for the Head13 waters Forest Wilderness;

14 (C) include an analysis of practicable

15 means of providing for compensation for the ac16 quisition of such lands other than cash pay17 ments, including providing for the use or ex18 change of certain excess or surplus property of

19 the Federal Government (as determined under

20 the Federal Property and Administrative Serv21 ices Act of 1949; 40 U.S.C. 471) that the Sec22 retary shall identify and list; and

23 (D) acquire lands in accordance with the

24 requirements of paragraph (3).
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1 (3) EXHAUSTION OF NON-CASH ALTER2 NATIVES.—With respect to the acquisition of a spe3 cific parcel of land pursuant to the plan, the Sec4 retary shall, to the maximum extent practicable, use

5 all practicable alternatives to cash payments from

6 funds appropriated to the Department of the Inte7 rior. With respect to such acquisition, the Secretary

8 may use such cash payments only to the extent that

9 such alternatives are not sufficient to provide for

10 such acquisition.

11 (4) DISTRIBUTION OF PLAN.—The Secretary

12 shall submit a copy of the plan developed under this

13 subsection to the Committee on Energy and Natural

14 Resources, the Committee on Agriculture, Nutrition,

15 and Forestry and the Committee on Appropriations

16 of the Senate and the Committee on Natural Re17 sources, the Committee on Agriculture, and the

18 Committee on Appropriations of the House of Rep19 resentatives.

20 SEC. 5. WILDERNESS AREAS.

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

22 the Wilderness Act (16 U.S.C. 1131 et seq.), lands in Cali23 fornia that are acquired under section 4 that are in the

24 Headwaters Forest Wilderness shall, upon acquisition, be
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1 considered wilderness and a part of the National Wilder2 ness Preservation System.

3 (b) MAP AND LEGAL DESCRIPTION.—

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

5 the inclusion of any lands in the Headwaters Forest

6 Wilderness, the Secretary shall submit a copy of the

7 map and a legal description of the area so included

8 with the Committee on Energy and Natural Re9 sources of the Senate and with the Committee on

10 Natural Resources of the House of Representatives.

11 (2) CORRECTION OF CLERICAL AND TYPO12 GRAPHICAL ERRORS.—The Secretary may correct

13 clerical and typographical errors in a map or legal

14 description referred to in paragraph (1).

15 (3) FILING OF MAPS AND BOUNDARY DESCRIP16 TIONS.—Each map and legal description submitted

17 to the committees of Congress specified in para18 graph (1) shall be on file and available for public in19 spection in the Office of the Chief of the Forest

20 Service, United States Department of Agriculture.

21 (c) BUFFER ZONES NOT INTENDED.—

22 (1) STATUTORY INTENT.—Nothing in this Act

23 is intended to require the creation of protective pe24 rimeters or buffer zones around a wilderness area

25 designated pursuant to this Act.
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1 (2) PERMISSIBILITY OF CERTAIN WILDERNESS

2 ACTIVITIES ALONG A BOUNDARY.—The fact that a

3 nonwilderness activity or use may be seen or heard

4 from an area within a wilderness may not be used

5 alone to preclude such activities or uses adjacent to

6 the boundary of the wilderness area.

7 (d) STATE AUTHORITY OVER FISH AND WILD8 LIFE.—In accordance with section 4(d)(8) of the Wilder9 ness Act (16 U.S.C. 1133(d)(8)), nothing in this Act shall

10 be construed as affecting the jurisdiction or responsibil11 ities of the State of California with respect to wildlife and

12 fish in any areas designated by this Act as wilderness.

13 SEC. 6. ADMINISTRATION.

14 (a) MANAGEMENT PLAN.—

15 (1) IN GENERAL.—Not later than 1 year after

16 the Secretary acquires all or a significant portion of

17 the lands identified under the land acquisition plan

18 developed under section 4(c), the Secretary shall de19 velop and implement a comprehensive management

20 plan for the Six Rivers National Forest Addition.

21 (2) CONTENT OF PLAN.—The comprehensive

22 management plan developed under paragraph (1)

23 shall prescribe measures for the preservation of the

24 existing old growth redwood ecosystems in the Six
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1 Rivers National Forest Addition, including the fol2 lowing:

3 (A) With respect to the sale of timber—

4 (i) prohibiting the sale of timber from

5 lands within the old growth redwood groves

6 in the Six Rivers National Forest Addition,

7 as depicted generally on the map referred

8 to in section 4(a); and

9 (ii) permitting the sale of timber in

10 areas of the Six Rivers National Forest

11 Addition not specified in clause (i) in a

12 manner consistent with the purposes of

13 this Act and any other applicable Federal

14 laws.

15 (B) Restoration measures to restore lands

16 affected by timber harvests that occurred before

17 the date of implementation of the plan to miti18 gate watershed degradation and the impairment

19 of habitat for the marbled murrelet, spotted

20 owl, native salmon stocks, and other species de21 pendent on old growth forests.

22 (3) REVIEW AND REVISION OF PLAN.—

23 (A) Except as provided in subparagraph

24 (B), at such time as the Secretary revises the

25 applicable land and resource management plan
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1 for the Six Rivers National Park that is in ef2 fect on the date of enactment of this Act the

3 Secretary shall review and revise the com4 prehensive management plan developed under

5 this subsection.

6 (B) The Secretary may revise the schedule

7 for reviewing and revising a comprehensive

8 management plan developed under this sub9 section if the Secretary determines that a more

10 frequent schedule of review and revision is nec11 essary to meet the purposes specified in section

12 2(b).

13 (b) APPLICABLE LAWS AND POLICIES.—

14 (1) IN GENERAL.—The Secretary, acting

15 through the Chief of the Forest Service, shall admin16 ister the lands acquired under section 4(b) in ac17 cordance with the comprehensive management plan

18 developed under subsection (a), other applicable re19 quirements of this Act, and any other applicable law.

20 (2) WILDERNESS.—Except as provided in para21 graph (3), subject to valid existing rights, any lands

22 acquired and designated as wilderness under section

23 5(a) shall be administered in accordance with the

24 comprehensive management plan developed under

25 subsection (a), other applicable requirements of this
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1 Act, and any other applicable law, including the Wil2 derness Act (16 U.S.C. 1131 et seq.).

3 (3) EFFECTIVE DATES UNDER WILDERNESS

4 ACT.—With respect to lands designated as wilder5 ness under section 5(a), any effective date under the

6 Wilderness Act (or any similar reference) shall be

7 deemed to be a reference to the date of acquisition

8 of such lands under section 4.

9 (c) EMPLOYMENT PRACTICES.—To the maximum ex10 tent practicable, the Secretary shall take such action as

11 may be necessary to ensure that all work to implement

12 the restoration measures under the comprehensive man13 agement plan developed under subsection (a) are per14 formed by unemployed forest workers and unemployed

15 timber workers, unemployed commercial fishermen, or

16 other unemployed persons whose livelihood depends on

17 fishery and timber resources.

18 (d) AGREEMENTS.—In order to facilitate the man19 agement of the lands subject to the comprehensive man20 agement plan developed under subsection (a), the Sec21 retary, acting through the Chief of the Forest Service,

22 may enter into agreements with the State of California

23 for the management of lands owned by the State or pur24 chased with State assistance.
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1 SEC. 7. PAYMENTS TO LOCAL GOVERNMENT.

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

3 pursuant to chapter 69 of title 31, United States Code,

4 all lands added to the Six Rivers National Forest pursuant

5 to section 4 shall be deemed to have been acquired for

6 the purposes specified in section 6904(a) of such title 31.

7 (b) 10-YEAR PAYMENT.—

8 (1) IN GENERAL.—Subject to the annual appro9 priations and subsection (c), for the 10-year period

10 beginning on the date of the acquisition of lands

11 under section 4, the Secretary shall make annual

12 payments with respect to such acquired lands to

13 Humboldt County in the State of California in an

14 amount equal to the State of California Timber

15 Yield Tax revenues payable under section 38101 et

16 seq. of the California Revenue and Taxation Code

17 (as in effect as of the date of enactment of this Act)

18 that would have been paid with respect to such lands

19 if the lands had not been acquired by the United

20 States, as determined by the Secretary pursuant to

21 this subsection.

22 (2) DETERMINATION OF AMOUNT OF PAY23 MENTS.—The Secretary shall determine the amount

24 of each annual payment made pursuant to para25 graph (1) on the basis of an assessment of a variety

26 of factors, including the following:
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1 (A) Timber actually sold during the year

2 for which the payment is based from com3 parable commercial forest lands of similar soil

4 type and slope.

5 (B) A determination of appropriate timber

6 harvest levels.

7 (C) A consideration of comparable timber

8 size class, age, and quality.

9 (D) Market conditions.

10 (E) Applicable Federal laws and applicable

11 laws of States and political subdivisions of

12 States.

13 (F) The goal of achieving a sustainable,

14 even-flow harvest of renewable timber resources.

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

16 of State of California Timber Yield Tax payments paid

17 to Humboldt County for any year pursuant to the laws

18 of California for timber sold from lands acquired under

19 this Act shall be deducted from the sums to be paid to

20 Humboldt County in such year under subsection (b).

21 (d) 25-PERCENT FUND.—Amounts paid under sub22 section (b) with respect to any land in any year shall be

23 reduced by any amounts paid under the last paragraph

24 in the matter under the heading ‘‘FOREST SERVICE.’’

25 in the Act of May 23, 1908 (35 Stat. 360, chapter 192;
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1 16 U.S.C. 500) which are attributable to sales from the

2 same lands in that year.

3 SEC. 8. FOREST STUDY.

4 (a) IN GENERAL.—The Secretary shall study the

5 lands within the area comprising approximately 13,620

6 acres and generally depicted as ‘‘Study Area’’ on the map

7 referred to in section 4(a).

8 (b) REQUIREMENTS FOR STUDY.—In carrying out

9 the study, the Secretary shall—

10 (1) analyze the potential of the area specified in

11 subsection (a) as an addition the Headwaters For12 est; and

13 (2) identify, with respect to the area—

14 (A) the natural resources of such area, in15 cluding wildlife and fish and the location of old

16 growth forests, old growth redwood stands,

17 habitat for threatened and endangered species

18 and populations (including the northern spotted

19 owl and marbled murrelet);

20 (B) commercial timber volume;

21 (C) recreational opportunities;

22 (D) watershed management needs; and

23 (E) the cost of acquiring the lands of the

24 area.
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1 (c) REPORT.—Not later than 1 year after the date

2 of enactment of this Act, the Secretary shall prepare a

3 report that contains the findings of the study conducted

4 under this section and submit a copy of the report to the

5 Committee on Energy and Natural Resources of the Sen6 ate, the Committee on Agriculture, Nutrition, and For7 estry of the Senate, the Committee on Natural Resources

8 of the House of Representatives, and the Committee on

9 Agriculture of the House of Representatives.

10 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

11 There are authorized to be appropriated such sums

12 as may be necessary to carry out this Act.

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