II 

Calendar No. 533 

109TH CONGRESS 

2D SESSION H. R. 233 

IN THE SENATE OF THE UNITED STATES 

JULY 25, 2006 

Received; read twice and placed on the calendar 

AN ACT 

To designate certain National Forest System lands in the 

Mendocino and Six Rivers National Forests and certain 

Bureau of Land Management lands in Humboldt, Lake, 

Mendocino, and Napa Counties in the State of California 

as wilderness, to designate the Elkhorn Ridge Potential 

Wilderness Area, 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 AND TABLE OF CONTENTS. 

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

5 ‘‘Northern California Coastal Wild Heritage Wilderness 

6 Act’’. 


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

2 this Act is as follows: 

Sec. 1. Short title and table of contents. 

Sec. 2. Definition of Secretary. 

Sec. 3. Designation of wilderness areas. 

Sec. 4. Administration of wilderness areas. 

Sec. 5. Release of wilderness study areas. 

Sec. 6. Elkhorn Ridge Potential Wilderness Area. 

Sec. 7. Wild and scenic river designation. 

Sec. 8. King Range National Conservation Area boundary adjustment. 

Sec. 9. Cow Mountain Recreation Area, Lake and Mendocino Counties, California. 

Sec. 10. Continuation of traditional commercial surf fishing, Redwood National 

and State Parks. 

3 SEC. 2. DEFINITION OF SECRETARY. 

4 In this Act, the term ‘‘Secretary’’ means— 

5 (1) with respect to land under the jurisdiction 

6 of the Secretary of Agriculture, the Secretary of Ag7 riculture; and 

8 (2) with respect to land under the jurisdiction 

9 of the Secretary of the Interior, the Secretary of the 

10 Interior. 

11 SEC. 3. DESIGNATION OF WILDERNESS AREAS. 

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

13 1131 et seq.), the following areas in the State of California 

14 are designated as wilderness areas and as components of 

15 the National Wilderness Preservation System: 

16 (1) SNOW MOUNTAIN WILDERNESS ADDITION.— 

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

18 Mendocino National Forest, comprising ap19 proximately 23,706 acres, as generally depicted 

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


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1 incorporated in and shall considered to be a 

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

3 designated by section 101(a)(31) of the Cali4 fornia Wilderness Act of 1984 (16 U.S.C. 1132 

5 note; Public Law 98–425). 

6 (B) DESCRIPTION OF MAPS.—The maps 

7 referred to in subparagraph (A) are— 

8 (i) the map entitled ‘‘Skeleton Glade 

9 Unit, Snow Mountain Proposed Wilderness 

10 Addition, Mendocino National Forest’’ and 

11 dated April 21, 2005; and 

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

13 Deafy Glade Unit, Snow Mountain Wilder14 ness Addition, Mendocino National Forest’’ 

15 and dated July 21, 2006. 

16 (2) SANHEDRIN WILDERNESS.—Certain land in 

17 the Mendocino National Forest, comprising approxi18 mately 10,571 acres, as generally depicted on the 

19 map entitled ‘‘Sanhedrin Proposed Wilderness, 

20 Mendocino National Forest’’ and dated April 21, 

21 2005, which shall be known as the ‘‘Sanhedrin Wil22 derness’’. 

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

24 Mendocino National Forest and certain land admin25 istered by the Bureau of Land Management in Lake 


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1 and Mendocino Counties, California, together com2 prising approximately 53,887 acres, as generally de3 picted on the map entitled ‘‘Yuki Proposed Wilder4 ness’’ and dated May 23, 2005, which shall be 

5 known as the ‘‘Yuki Wilderness’’. 

6 (4) YOLLA BOLLY-MIDDLE EEL WILDERNESS

7 ADDITION.—Certain land in the Mendocino National 

8 Forest and certain land administered by the Bureau 

9 of Land Management in Mendocino County, Cali10 fornia, together comprising approximately 27,036 

11 acres, as generally depicted on the map entitled 

12 ‘‘Middle Fork Eel, Smokehouse and Big Butte 

13 Units, Yolla Bolly-Middle Eel Proposed Wilderness 

14 Addition’’ and dated June 7, 2005, is incorporated 

15 in and shall considered to be a part of the Yolla 

16 Bolly-Middle Eel Wilderness, as designated by sec17 tion 3 of the Wilderness Act (16 U.S.C. 1132). 

18 (5) SISKIYOU WILDERNESS ADDITION.— 

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

20 Rivers National Forest, comprising approxi21 mately 30,122 acres, as generally depicted on 

22 the maps described in subparagraph (B), is in23 corporated in and shall be considered to be a 

24 part of the Siskiyou Wilderness, as designated 

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1 ness Act of 1984 (16 U.S.C. 1132 note; Public 

2 Law 98–425). 

3 (B) DESCRIPTION OF MAPS.—The maps 

4 referred to in subparagraph (A) are— 

5 (i) the map entitled ‘‘Bear Basin 

6 Butte Unit, Siskiyou Proposed Wilderness 

7 Additions, Six Rivers National Forest’’ and 

8 dated June 28, 2005; and 

9 (ii) the map entitled ‘‘Blue Creek 

10 Unit, Siskiyou Proposed Wilderness Addi11 tion, Six Rivers National Forest’’ and 

12 dated July 21, 2006; 

13 (6) MOUNT LASSIC WILDERNESS.—Certain land 

14 in the Six Rivers National Forest, comprising ap15 proximately 7,279 acres, as generally depicted on the 

16 map entitled ‘‘Mt. Lassic Proposed Wilderness’’ and 

17 dated June 7, 2005, which shall be known as the 

18 ‘‘Mount Lassic Wilderness’’. 

19 (7) TRINITY ALPS WILDERNESS ADDITION.— 

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

21 Rivers National Forest, comprising approxi22 mately 22,863 acres, as generally depicted on 

23 the maps described in subparagraph (B) and 

24 which is incorporated in and shall be considered 

25 to be a part of the Trinity Alps Wilderness as 


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1 designated by section 101(a)(34) of the Cali2 fornia Wilderness Act of 1984 (16 U.S.C. 1132 

3 note; Public Law 98–425). 

4 (B) DESCRIPTION OF MAPS.—The maps 

5 referred to in subparagraph (A) are— 

6 (i) the map entitled ‘‘East Fork Unit, 

7 Trinity Alps Proposed Wilderness Addi8 tion, Six Rivers National Forest’’ and 

9 dated September 17, 2004; 

10 (ii) the map entitled ‘‘Horse Linto 

11 Unit, Trinity Alps Proposed Wilderness 

12 Addition, Six Rivers National Forest’’ and 

13 dated September 17, 2004; and 

14 (iii) the map entitled ‘‘Red Cap Unit, 

15 Trinity Alps Proposed Wilderness Addi16 tion, Six Rivers National Forest’’ and 

17 dated June 7, 2005. 

18 (8) CACHE CREEK WILDERNESS.—Certain land 

19 administered by the Bureau of Land Management in 

20 Lake County, California, comprising approximately 

21 27,245 acres, as generally depicted on the map enti22 tled ‘‘Cache Creek Wilderness Area’’ and dated July 

23 22, 2006, which shall be known as the ‘‘Cache Creek 

24 Wilderness’’. 


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1 (9) CEDAR ROUGHS WILDERNESS.—Certain 

2 land administered by the Bureau of Land Manage3 ment in Napa County, California, comprising ap4 proximately 6,350 acres, as generally depicted on the 

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

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

7 the ‘‘Cedar Roughs Wilderness’’. 

8 (10) SOUTH FORK EEL RIVER WILDERNESS.— 

9 Certain land administered by the Bureau of Land 

10 Management in Mendocino County, California, com11 prising approximately 12,915 acres, as generally de12 picted on the map entitled ‘‘South Fork Eel River 

13 Wilderness Area and Elkhorn Ridge Potential Wil14 derness’’ and dated June 16, 2005, which shall be 

15 known as the ‘‘South Fork Eel River Wilderness’’. 

16 (11) KING RANGE WILDERNESS.— 

17 (A) IN GENERAL.—Certain land adminis18 tered by the Bureau of Land Management in 

19 Humboldt and Mendocino Counties, California, 

20 comprising approximately 42,585 acres, as gen21 erally depicted on the map entitled ‘‘King 

22 Range Wilderness’’, and dated November 12, 

23 2004, which shall be known as the ‘‘King 

24 Range Wilderness’’. 


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1 (B) APPLICABLE LAW.—With respect to 

2 the wilderness designated by subparagraph (A), 

3 in the case of a conflict between this Act and 

4 Public Law 91–476 (16 U.S.C. 460y et seq.), 

5 the more restrictive provision shall control. 

6 (12) ROCKS AND ISLANDS.— 

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

8 rocks, islets, and islands (whether named or 

9 unnamed and surveyed or unsurveyed) that are 

10 located— 

11 (i) not more than 3 geographic miles 

12 off the coast of the King Range National 

13 Conservation Area; and 

14 (ii) above mean high tide. 

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

16 conflict between this Act and Proclamation No. 

17 7264 (65 Fed. Reg. 2821), the more restrictive 

18 provision shall control. 

19 SEC. 4. ADMINISTRATION OF WILDERNESS AREAS. 

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

21 each area designated as wilderness by section 3 shall be 

22 administered by the Secretary in accordance with the Wil23 derness Act (16 U.S.C. 1131 et seq.), except that— 


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

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

3 of enactment of this Act; and 

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

5 of Agriculture shall be considered to be a reference 

6 to the Secretary that has jurisdiction over the wil7 derness. 

8 (b) MAP AND DESCRIPTION.— 

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

10 the date of enactment of this Act, the Secretary 

11 shall file a map and a legal description of each wil12 derness area designated by section 3 with— 

13 (A) the Committee on Resources of the 

14 House of Representatives; and 

15 (B) the Committee on Energy and Natural 

16 Resources of the Senate. 

17 (2) FORCE OF LAW.—A map and legal descrip18 tion filed under paragraph (1) shall have the same 

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

20 that the Secretary may correct errors in the map 

21 and legal description. 

22 (3) PUBLIC AVAILABILITY.—Each map and 

23 legal description filed under paragraph (1) shall be 

24 filed and made available for public inspection in the 

25 appropriate office of the Secretary. 


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1 (c) INCORPORATION OF ACQUIRED LAND AND INTER2 ESTS.—Any land within the boundary of a wilderness area 

3 designated by this Act that is acquired by the Federal 

4 Government shall— 

5 (1) become part of the wilderness area in which 

6 the land is located; and 

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

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

9 other applicable law. 

10 (d) WITHDRAWAL.—Subject to valid rights in exist11 ence on the date of enactment of this Act, the Federal 

12 land designated as wilderness by this Act is withdrawn 

13 from all forms of— 

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

15 public land laws; 

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

17 laws; and 

18 (3) disposition under all laws pertaining to min19 eral and geothermal leasing or mineral materials. 

20 (e) FIRE, INSECT, AND DISEASE MANAGEMENT AC21 TIVITIES.— 

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

23 such measures in the wilderness areas designated by 

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1 tion of fire, insects, and diseases, in accordance 

2 with— 

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

4 (16 U.S.C. 1133(d)(1)); and 

5 (B) House Report No. 98–40 of the 98th 

6 Congress. 

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

8 date of enactment of this Act, the Secretary shall re9 view existing policies applicable to the wilderness 

10 areas designated by this Act to ensure that author11 ized approval procedures for any fire management 

12 measures allow a timely and efficient response to 

13 fire emergencies in the wilderness areas. 

14 (f) ACCESS TO PRIVATE PROPERTY.— 

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

16 any owner of private property within the boundary 

17 of a wilderness area designated by this Act adequate 

18 access to such property to ensure the reasonable use 

19 and enjoyment of the property by the owner. 

20 (2) KING RANGE WILDERNESS.— 

21 (A) IN GENERAL.—Subject to subpara22 graph (B), within the wilderness designated by 

23 section 3(11), the access route depicted on the 

24 map for private landowners shall also be availVerDate Aug 31 2005 01:59 Jul 26, 2006 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H233.PCS H233

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1 able for persons invited by the private land2 owners. 

3 (B) LIMITATION.—Nothing in subpara4 graph (A) requires the Secretary to provide any 

5 access to the landowners or persons invited by 

6 the landowners beyond the access that would be 

7 available if the wilderness had not been des8 ignated. 

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

10 Secretary determines that hydrologic, meteorologic, or cli11 matological instrumentation is appropriate to further the 

12 scientific, educational, and conservation purposes of the 

13 wilderness areas designated by this Act, nothing in this 

14 Act prevents the installation and maintenance of the in15 strumentation within the wilderness areas. 

16 (h) MILITARY ACTIVITIES.—Nothing in this Act pre17 cludes low-level overflights of military aircraft, the des18 ignation of new units of special airspace, or the use or 

19 establishment of military flight training routes over wil20 derness areas designated by this Act. 

21 (i) LIVESTOCK.—Grazing of livestock and the mainte22 nance of existing facilities related to grazing in wilderness 

23 areas designated by this Act, where established before the 

24 date of enactment of this Act, shall be permitted to con25 tinue in accordance with— 


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

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

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

4 the report of the Committee on Interior and Insular 

5 Affairs of the House of Representatives accom6 panying H.R. 2570 of the 101st Congress (H. Rept. 

7 101–405). 

8 (j) FISH AND WILDLIFE MANAGEMENT.— 

9 (1) IN GENERAL.—In furtherance of the pur10 poses of the Wilderness Act (16 U.S.C. 1131 et 

11 seq.), the Secretary may carry out management ac12 tivities to maintain or restore fish and wildlife popu13 lations and fish and wildlife habitats in wilderness 

14 areas designated by this Act if such activities are— 

15 (A) consistent with applicable wilderness 

16 management plans; and 

17 (B) carried out in accordance with applica18 ble guidelines and policies. 

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

20 affects the jurisdiction of the State of California 

21 with respect to fish and wildlife on the public land 

22 located in the State. 

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

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

25 wilderness areas designated by this Act by members 


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1 of Indian tribes for traditional cultural and religious 

2 purposes, the Secretary shall ensure that Indian 

3 tribes have access to the wilderness areas for tradi4 tional cultural and religious purposes. 

5 (2) TEMPORARY CLOSURES.— 

6 (A) IN GENERAL.—In carrying out this 

7 section, the Secretary, on request of an Indian 

8 tribe, may temporarily close to the general pub9 lic 1 or more specific portions of a wilderness 

10 area to protect the privacy of the members of 

11 the Indian tribe in the conduct of the tradi12 tional cultural and religious activities in the wil13 derness area. 

14 (B) REQUIREMENT.—Any closure under 

15 subparagraph (A) shall be made in such a man16 ner as to affect the smallest practicable area for 

17 the minimum period of time necessary for the 

18 activity to be carried out. 

19 (3) APPLICABLE LAW.—Access to the wilder20 ness areas under this subsection shall be in accord21 ance with— 

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

23 as the ‘‘American Indian Religious Freedom 

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


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

2 seq.). 

3 (l) ADJACENT MANAGEMENT.— 

4 (1) IN GENERAL.—Nothing in section 3 creates 

5 protective perimeters or buffer zones around any wil6 derness area designated by section 3. 

7 (2) NONWILDERNESS ACTIVITIES.—The fact 

8 that nonwilderness activities or uses can be seen or 

9 heard from areas within a wilderness area des10 ignated by section 3 shall not preclude the conduct 

11 of those activities or uses outside the boundary of 

12 the wilderness area. 

13 (m) CHERRY-STEMMED ROADS.— 

14 (1) DEFINITION.—In this subsection, the term 

15 ‘‘cherry-stemmed road’’ means a road that is ex16 cluded from the wilderness areas designated by sec17 tion 3 by a non-wilderness corridor having des18 ignated wilderness on both sides, as generally de19 picted on the maps described in such section. 

20 (2) CLOSURES AND RESTRICTIONS.—The Sec21 retary shall not— 

22 (A) close any cherry-stemmed road that is 

23 open to the public as of the date of the enact24 ment of this Act; 


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1 (B) prohibit motorized access on a cherry2 stemmed road that is open to the public for mo3 torized access as of the date of the enactment 

4 of this Act; or 

5 (C) prohibit mechanized access on a cher6 ry-stemmed road that is open to the public for 

7 mechanized access as of the date of the enact8 ment of this Act. 

9 (3) EXCEPTIONS.—Nothing in this subsection 

10 shall be construed as precluding the Secretary from 

11 closing or restricting access to a cherry-stemmed 

12 road for purposes of significant resource protection 

13 or public safety. 

14 SEC. 5. RELEASE OF WILDERNESS STUDY AREAS. 

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

16 of section 603 of the Federal Land Policy and Manage17 ment Act of 1976 (43 U.S.C. 1782), any portion of a wil18 derness study area described in subsection (b) that is not 

19 designated as wilderness by section 3 or any previous Act 

20 has been adequately studied for wilderness. 

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

22 areas referred to in subsection (a) are— 

23 (1) the King Range Wilderness Study Area; 

24 (2) the Chemise Mountain Instant Study Area; 

25 (3) the Red Mountain Wilderness Study Area; 


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1 (4) the Cedar Roughs Wilderness Study Area; 

2 and 

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

4 Creek Wilderness Study Area in Lake County, Cali5 fornia which are not in R. 5 W., T. 12 N., sec. 22, 

6 Mount Diablo Meridian. 

7 (c) RELEASE.—Any portion of a wilderness study 

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

9 wilderness by section 3 or any other Act enacted before 

10 the date of enactment of this Act shall not be subject to 

11 section 603(c) of the Federal Land Policy and Manage12 ment Act of 1976 (43 U.S.C. 1782(c)). 

13 SEC. 6. ELKHORN RIDGE POTENTIAL WILDERNESS AREA. 

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

15 the Wilderness Act (16 U.S.C. 1131 et seq.), certain pub16 lic land in the State administered by the Bureau of Land 

17 Management, compromising approximately 11,271 acres, 

18 as generally depicted on the map entitled ‘‘South Fork Eel 

19 River Wilderness Area and Elkhorn Ridge Potential Wil20 derness’’ and dated June 16, 2005, is designated as a po21 tential wilderness area. 

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

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

24 manage the potential wilderness area as wilderness until 


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1 the potential wilderness area is designated as wilderness 

2 under subsection (d). 

3 (c) ECOLOGICAL RESTORATION.— 

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

5 restoration (including the elimination of non-native 

6 species, removal of illegal, unused, or decommis7 sioned roads, repair of skid tracks, and any other 

8 activities necessary to restore the natural ecosystems 

9 in the potential wilderness area), the Secretary may 

10 use motorized equipment and mechanized transport 

11 in the potential wilderness area until the potential 

12 wilderness area is designated as wilderness under 

13 subsection (d). 

14 (2) LIMITATION.—To the maximum extent 

15 practicable, the Secretary shall use the minimum 

16 tool or administrative practice necessary to accom17 plish ecological restoration with the least amount of 

18 adverse impact on wilderness character and re19 sources. 

20 (d) EVENTUAL WILDERNESS DESIGNATION.—The 

21 potential wilderness area shall be designated as wilderness 

22 and as a component of the National Wilderness Preserva23 tion System on the earlier of— 

24 (1) the date on which the Secretary publishes in 

25 the Federal Register notice that the conditions in 


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1 the potential wilderness area that are incompatible 

2 with the Wilderness Act (16 U.S.C. 1131 et seq.) 

3 have been removed; or 

4 (2) the date that is 5 years after the date of en5 actment of this Act. 

6 (e) ADMINISTRATION AS WILDERNESS.—On its des7 ignation as wilderness under subsection (d), the potential 

8 wilderness area shall be— 

9 (1) known as the ‘‘Elkhorn Ridge Wilderness’’; 

10 and 

11 (2) administered in accordance with section 4 

12 and the Wilderness Act (16 U.S.C. 1131 et seq.). 

13 SEC. 7. WILD AND SCENIC RIVER DESIGNATION. 

14 (a) DESIGNATION OF BLACK BUTTE RIVER, CALI15 FORNIA.—Section 3(a) of the Wild and Scenic Rivers Act 

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

17 following: 

18 ‘‘(ll) BLACK BUTTE RIVER, CALIFORNIA.—The 

19 following segments of the Black Butte River in the State 

20 of California, to be administered by the Secretary of Agri21 culture: 

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

23 the Mendocino County Line to its confluence with 

24 Jumpoff Creek, as a wild river. 


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1 ‘‘(B) The 3.5 miles of Black Butte River from 

2 its confluence with Jumpoff Creek to its confluence 

3 with Middle Eel River, as a scenic river. 

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

5 Mendocino County Line to its confluence with Black 

6 Butte River, as a wild river.’’. 

7 (b) PLAN; REPORT.— 

8 (1) IN GENERAL.—Not later than 18 months 

9 after the date of enactment of this Act, the Sec10 retary of Agriculture shall submit to Congress— 

11 (A) a fire management plan for the Black 

12 Butte River segments designated by the amend13 ment made by subsection (a); and 

14 (B) a report on the cultural and historic 

15 resources within those segments. 

16 (2) TRANSMITTAL TO COUNTY.—The Secretary 

17 of Agriculture shall transmit to the Board of Super18 visors of Mendocino County, California, a copy of 

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

20 SEC. 8. KING RANGE NATIONAL CONSERVATION AREA 

21 BOUNDARY ADJUSTMENT. 

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

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

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

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1 tional Conservation Area Additions on the map entitled 

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

3 is included in the Area.’’. 

4 SEC. 9. COW MOUNTAIN RECREATION AREA, LAKE AND 

5 MENDOCINO COUNTIES, CALIFORNIA. 

6 (a) ESTABLISHMENT.—In order to enhance the rec7 reational and scenic values of the Cow Mountain area in 

8 Lake and Mendocino Counties, California, while con9 serving the wildlife and other natural resource values of 

10 the area, there is hereby established the Cow Mountain 

11 Recreation Area (in this section referred to as the ‘‘recre12 ation area’’) consisting of approximately 51,513 acres of 

13 land in such counties, as generally depicted on the map 

14 entitled ‘‘Cow Mountain Recreation Area’’ and dated July, 

15 22, 2006, including the following: 

16 (1) The ‘‘South Cow Mountain OHV Manage17 ment Area’’, as generally depicted on the map. 

18 (2) The ‘‘North Cow Mountain Recreation 

19 Area’’, as generally depicted on the map. 

20 (b) LEGAL DESCRIPTIONS; CORRECTION OF ER21 RORS.— 

22 (1) PREPARATION AND SUBMISSION.—As soon 

23 as practicable after the date of the enactment of this 

24 Act, the Secretary of the Interior shall prepare a 

25 map and legal descriptions of the boundaries of the 


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1 recreation area. The Secretary shall submit the map 

2 and legal descriptions to the Committee on Re3 sources of the House of Representatives and to the 

4 Committee on Energy and Natural Resources of the 

5 Senate. 

6 (2) LEGAL EFFECT.—The map and legal de7 scriptions of the recreation area shall have the same 

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

9 that the Secretary may correct clerical and typo10 graphical errors in the map and legal descriptions. 

11 The map shall be on file and available for public in12 spection in appropriate offices of the Bureau of 

13 Land Management. 

14 (c) ADMINISTRATION.— 

15 (1) IN GENERAL.—The Secretary of the Inte16 rior shall administer the recreation area in accord17 ance with this section and the laws and regulations 

18 generally applicable to the public lands, including 

19 the Federal Land Policy and Management Act of 

20 1976 (43 U.S.C. 1701 et seq.). 

21 (2) EXISTING RIGHTS.—The establishment of 

22 the recreation area shall be subject to all valid exist23 ing rights. 

24 (d) RECREATIONAL ACTIVITIES.— 


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1 (1) IN GENERAL.—The Secretary of the Inte2 rior shall continue to authorize, maintain, and en3 hance the recreational use of the land included in 

4 the recreation area, including motorized recreation, 

5 hiking, camping, mountain biking, sightseeing, and 

6 horseback riding, as long as such recreational use is 

7 consistent with this section and other applicable law. 

8 (2) OFF-ROAD AND MOTORIZED RECREATION.— 

9 Motorized recreation shall be a prescribed use within 

10 the South Cow Mountain OHV Management Area, 

11 occurring only on roads and trails designated by the 

12 Secretary for such use, except as needed for admin13 istrative purposes or to respond to an emergency. 

14 Nothing in this paragraph shall be construed as pre15 cluding the Secretary from closing any trail or route 

16 from use for purposes of resource protection or pub17 lic safety. 

18 (3) MOUNTAIN BIKING.—Mountain biking shall 

19 be a prescribed use within the recreation area, oc20 curring only on roads and trails designated by the 

21 Secretary for such use. Nothing in this paragraph 

22 shall be construed as precluding the Secretary from 

23 closing any trail or route from use for purposes of 

24 resource protection or public safety. 


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1 (e) ACCESS TO PRIVATE PROPERTY.—The Secretary 

2 of the Interior shall provide any owner of private property 

3 within the boundaries of the recreation area adequate ac4 cess to the property to ensure the reasonable use and en5 joyment of the property by the owner. 

6 (f) LAND ACQUISITION.— 

7 (1) ACQUISITION FROM WILLING PERSONS

8 ONLY.—The Secretary of the Interior may acquire 

9 lands or interests in lands in the recreation area 

10 only by— 

11 (A) donation; 

12 (B) exchange with a willing party, as ex13 pressed in a written agreement between the 

14 Secretary and the party; or 

15 (C) purchase from a willing seller, as ex16 pressed in a written agreement between the 

17 Secretary and the seller. 

18 (2) ADMINISTRATION OF ACQUIRED LANDS.— 

19 Lands or interests in lands within or adjacent to the 

20 boundaries of the recreation area that are acquired 

21 by the Bureau of Land Management, and title or 

22 possession of which is vested in the United States 

23 after the date of the enactment of this Act, shall be 

24 managed by the Secretary as part of the recreation 

25 area. 


ccoleman on PROD1PC71 with BILLS
25 

HR 233 PCS 

1 (g) ADJACENT MANAGEMENT.—Nothing in this sec2 tion creates protective perimeters or buffer zones around 

3 the recreation area. 

4 SEC. 10. CONTINUATION OF TRADITIONAL COMMERCIAL 

5 SURF FISHING, REDWOOD NATIONAL AND 

6 STATE PARKS. 

7 (a) AVAILABILITY OF LIMITED NUMBER OF PER8 MITS.—For the sole purpose of continuing traditional 

9 commercial surf fishing, the Secretary of the Interior shall 

10 permit the right of entry for authorized vehicle access onto 

11 the wave slope area at that area known as Gold Bluffs 

12 Beach, Prairie Creek Redwoods State Park, and that por13 tion of the beach north and south of Redwood Creek in 

14 Redwood National and State Parks. The number of per15 mits issued under the authority of this section shall be 

16 limited to the number of valid permits that were held on 

17 the date of enactment of this Act. The permits so issued 

18 shall be perpetual and subject to the same conditions as 

19 the permits held on the date of the enactment of this Act. 

20 (b) WAVE SLOPE AREA DEFINED.—In this section, 

21 the term ‘‘wave slope area’’ refers to the area that has 

22 been wet by the wave action of the previous high tide, but 

23 does not include any vegetated areas. 

Passed the House of Representatives July 24, 2006. 

Attest: KAREN L. HAAS, 

Clerk. 


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Calendar No. 533 

109TH CONGRESS 

2D SESSION H. R. 233 

AN ACT 

To designate certain National Forest System lands 

purposes. fornia as a wild or scenic river, and for other Black Butte River in Mendocino County, Caliness Area, to designate certain segments of the to designate the Elkhorn Ridge Potential WilderCounties in the State of California as wilderness, lands in Humboldt, Lake, Mendocino, and Napa ests and certain Bureau of Land Management in the Mendocino and Six Rivers National ForJULY 25, 2006 

Received; read twice and placed on the calendar 


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