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 For-

109TH CONGRESS 

2D SESSION H. R. 233

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.
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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 AND TABLE OF CONTENTS. 

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

5 ‘‘Northern California Coastal Wild Heritage Wilderness 

6 Act’’. 

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

8 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.

9 SEC. 2. DEFINITION OF SECRETARY. 

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

11 (1) with respect to land under the jurisdiction 

12 of the Secretary of Agriculture, the Secretary of Ag13 riculture; and 

14 (2) with respect to land under the jurisdiction 

15 of the Secretary of the Interior, the Secretary of the 

16 Interior. 

17 SEC. 3. DESIGNATION OF WILDERNESS AREAS. 

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

19 1131 et seq.), the following areas in the State of California 
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1 are designated as wilderness areas and as components of 

2 the National Wilderness Preservation System: 

3 (1) SNOW MOUNTAIN WILDERNESS ADDITION.—

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

5 Mendocino National Forest, comprising ap6 proximately 23,706 acres, as generally depicted 

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

8 incorporated in and shall considered to be a 

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

10 designated by section 101(a)(31) of the Cali11 fornia Wilderness Act of 1984 (16 U.S.C. 1132 

12 note; Public Law 98–425). 

13 (B) DESCRIPTION OF MAPS.—The maps 

14 referred to in subparagraph (A) are—

15 (i) the map entitled ‘‘Skeleton Glade 

16 Unit, Snow Mountain Proposed Wilderness 

17 Addition, Mendocino National Forest’’ and 

18 dated April 21, 2005; and 

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

20 Deafy Glade Unit, Snow Mountain Wilder21 ness Addition, Mendocino National Forest’’ 

22 and dated July 21, 2006. 

23 (2) SANHEDRIN WILDERNESS.—Certain land in 

24 the Mendocino National Forest, comprising approxi25 mately 10,571 acres, as generally depicted on the 
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1 map entitled ‘‘Sanhedrin Proposed Wilderness, 

2 Mendocino National Forest’’ and dated April 21, 

3 2005, which shall be known as the ‘‘Sanhedrin Wil4 derness’’. 

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

6 Mendocino National Forest and certain land admin7 istered by the Bureau of Land Management in Lake 

8 and Mendocino Counties, California, together com9 prising approximately 53,887 acres, as generally de10 picted on the map entitled ‘‘Yuki Proposed Wilder11 ness’’ and dated May 23, 2005, which shall be 

12 known as the ‘‘Yuki Wilderness’’. 

13 (4) YOLLA BOLLY-MIDDLE EEL WILDERNESS

14 ADDITION.—Certain land in the Mendocino National 

15 Forest and certain land administered by the Bureau 

16 of Land Management in Mendocino County, Cali17 fornia, together comprising approximately 27,036 

18 acres, as generally depicted on the map entitled 

19 ‘‘Middle Fork Eel, Smokehouse and Big Butte 

20 Units, Yolla Bolly-Middle Eel Proposed Wilderness 

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

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

23 Bolly-Middle Eel Wilderness, as designated by sec24 tion 3 of the Wilderness Act (16 U.S.C. 1132). 

25 (5) SISKIYOU WILDERNESS ADDITION.—
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1 (A) IN GENERAL.—Certain land in the Six 

2 Rivers National Forest, comprising approxi3 mately 30,122 acres, as generally depicted on 

4 the maps described in subparagraph (B), is in5 corporated in and shall be considered to be a 

6 part of the Siskiyou Wilderness, as designated 

7 by section 101(a)(30) of the California Wilder8 ness Act of 1984 (16 U.S.C. 1132 note; Public 

9 Law 98–425). 

10 (B) DESCRIPTION OF MAPS.—The maps 

11 referred to in subparagraph (A) are—

12 (i) the map entitled ‘‘Bear Basin 

13 Butte Unit, Siskiyou Proposed Wilderness 

14 Additions, Six Rivers National Forest’’ and 

15 dated June 28, 2005; and 

16 (ii) the map entitled ‘‘Blue Creek 

17 Unit, Siskiyou Proposed Wilderness Addi18 tion, Six Rivers National Forest’’ and 

19 dated July 21, 2006; 

20 (6) MOUNT LASSIC WILDERNESS.—Certain land 

21 in the Six Rivers National Forest, comprising ap22 proximately 7,279 acres, as generally depicted on the 

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

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

25 ‘‘Mount Lassic Wilderness’’. 
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1 (7) TRINITY ALPS WILDERNESS ADDITION.—

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

3 Rivers National Forest, comprising approxi4 mately 22,863 acres, as generally depicted on 

5 the maps described in subparagraph (B) and 

6 which is incorporated in and shall be considered 

7 to be a part of the Trinity Alps Wilderness as 

8 designated by section 101(a)(34) of the Cali9 fornia Wilderness Act of 1984 (16 U.S.C. 1132 

10 note; Public Law 98–425). 

11 (B) DESCRIPTION OF MAPS.—The maps 

12 referred to in subparagraph (A) are—

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

14 Trinity Alps Proposed Wilderness Addi15 tion, Six Rivers National Forest’’ and 

16 dated September 17, 2004; 

17 (ii) the map entitled ‘‘Horse Linto 

18 Unit, Trinity Alps Proposed Wilderness 

19 Addition, Six Rivers National Forest’’ and 

20 dated September 17, 2004; and 

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

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

24 dated June 7, 2005. 
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1 (8) CACHE CREEK WILDERNESS.—Certain land 

2 administered by the Bureau of Land Management in 

3 Lake County, California, comprising approximately 

4 27,245 acres, as generally depicted on the map enti5 tled ‘‘Cache Creek Wilderness Area’’ and dated July 

6 22, 2006, which shall be known as the ‘‘Cache Creek 

7 Wilderness’’. 

8 (9) CEDAR ROUGHS WILDERNESS.—Certain 

9 land administered by the Bureau of Land Manage10 ment in Napa County, California, comprising ap11 proximately 6,350 acres, as generally depicted on the 

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

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

14 the ‘‘Cedar Roughs Wilderness’’. 

15 (10) SOUTH FORK EEL RIVER WILDERNESS.—

16 Certain land administered by the Bureau of Land 

17 Management in Mendocino County, California, com18 prising approximately 12,915 acres, as generally de19 picted on the map entitled ‘‘South Fork Eel River 

20 Wilderness Area and Elkhorn Ridge Potential Wil21 derness’’ and dated June 16, 2005, which shall be 

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

23 (11) KING RANGE WILDERNESS.—

24 (A) IN GENERAL.—Certain land adminis25 tered by the Bureau of Land Management in 
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1 Humboldt and Mendocino Counties, California, 

2 comprising approximately 42,585 acres, as gen3 erally depicted on the map entitled ‘‘King 

4 Range Wilderness’’, and dated November 12, 

5 2004, which shall be known as the ‘‘King 

6 Range Wilderness’’. 

7 (B) APPLICABLE LAW.—With respect to 

8 the wilderness designated by subparagraph (A), 

9 in the case of a conflict between this Act and 

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

11 the more restrictive provision shall control. 

12 (12) ROCKS AND ISLANDS.—

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

14 rocks, islets, and islands (whether named or 

15 unnamed and surveyed or unsurveyed) that are 

16 located—

17 (i) not more than 3 geographic miles 

18 off the coast of the King Range National 

19 Conservation Area; and 

20 (ii) above mean high tide. 

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

22 conflict between this Act and Proclamation No. 

23 7264 (65 Fed. Reg. 2821), the more restrictive 

24 provision shall control. 
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1 SEC. 4. ADMINISTRATION OF WILDERNESS AREAS. 

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

3 each area designated as wilderness by section 3 shall be 

4 administered by the Secretary in accordance with the Wil5 derness Act (16 U.S.C. 1131 et seq.), except that—

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

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

8 of enactment of this Act; and 

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

10 of Agriculture shall be considered to be a reference 

11 to the Secretary that has jurisdiction over the wil12 derness. 

13 (b) MAP AND DESCRIPTION.—

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

15 the date of enactment of this Act, the Secretary 

16 shall file a map and a legal description of each wil17 derness area designated by section 3 with—

18 (A) the Committee on Resources of the 

19 House of Representatives; and 

20 (B) the Committee on Energy and Natural 

21 Resources of the Senate. 

22 (2) FORCE OF LAW.—A map and legal descrip23 tion filed under paragraph (1) shall have the same 

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

25 that the Secretary may correct errors in the map 

26 and legal description. 
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1 (3) PUBLIC AVAILABILITY.—Each map and 

2 legal description filed under paragraph (1) shall be 

3 filed and made available for public inspection in the 

4 appropriate office of the Secretary. 

5 (c) INCORPORATION OF ACQUIRED LAND AND INTER6 ESTS.—Any land within the boundary of a wilderness area 

7 designated by this Act that is acquired by the Federal 

8 Government shall—

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

10 the land is located; and 

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

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

13 other applicable law. 

14 (d) WITHDRAWAL.—Subject to valid rights in exist15 ence on the date of enactment of this Act, the Federal 

16 land designated as wilderness by this Act is withdrawn 

17 from all forms of—

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

19 public land laws; 

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

21 laws; and 

22 (3) disposition under all laws pertaining to min23 eral and geothermal leasing or mineral materials. 

24 (e) FIRE, INSECT, AND DISEASE MANAGEMENT AC25 TIVITIES.—
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1 (1) IN GENERAL.—The Secretary may take 

2 such measures in the wilderness areas designated by 

3 this Act as are necessary for the control and preven4 tion of fire, insects, and diseases, in accordance 

5 with—

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

7 (16 U.S.C. 1133(d)(1)); and 

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

9 Congress. 

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

11 date of enactment of this Act, the Secretary shall re12 view existing policies applicable to the wilderness 

13 areas designated by this Act to ensure that author14 ized approval procedures for any fire management 

15 measures allow a timely and efficient response to 

16 fire emergencies in the wilderness areas. 

17 (f) ACCESS TO PRIVATE PROPERTY.—

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

19 any owner of private property within the boundary 

20 of a wilderness area designated by this Act adequate 

21 access to such property to ensure the reasonable use 

22 and enjoyment of the property by the owner. 

23 (2) KING RANGE WILDERNESS.—

24 (A) IN GENERAL.—Subject to subpara25 graph (B), within the wilderness designated by 
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1 section 3(11), the access route depicted on the 

2 map for private landowners shall also be avail3 able for persons invited by the private land4 owners. 

5 (B) LIMITATION.—Nothing in subpara6 graph (A) requires the Secretary to provide any 

7 access to the landowners or persons invited by 

8 the landowners beyond the access that would be 

9 available if the wilderness had not been des10 ignated. 

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

12 Secretary determines that hydrologic, meteorologic, or cli13 matological instrumentation is appropriate to further the 

14 scientific, educational, and conservation purposes of the 

15 wilderness areas designated by this Act, nothing in this 

16 Act prevents the installation and maintenance of the in17 strumentation within the wilderness areas. 

18 (h) MILITARY ACTIVITIES.—Nothing in this Act pre19 cludes low-level overflights of military aircraft, the des20 ignation of new units of special airspace, or the use or 

21 establishment of military flight training routes over wil22 derness areas designated by this Act. 

23 (i) LIVESTOCK.—Grazing of livestock and the mainte24 nance of existing facilities related to grazing in wilderness 

25 areas designated by this Act, where established before the 
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1 date of enactment of this Act, shall be permitted to con2 tinue in accordance with—

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

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

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

6 the report of the Committee on Interior and Insular 

7 Affairs of the House of Representatives accom8 panying H.R. 2570 of the 101st Congress (H. Rept. 

9 101–405). 

10 (j) FISH AND WILDLIFE MANAGEMENT.—

11 (1) IN GENERAL.—In furtherance of the pur12 poses of the Wilderness Act (16 U.S.C. 1131 et 

13 seq.), the Secretary may carry out management ac14 tivities to maintain or restore fish and wildlife popu15 lations and fish and wildlife habitats in wilderness 

16 areas designated by this Act if such activities are—

17 (A) consistent with applicable wilderness 

18 management plans; and 

19 (B) carried out in accordance with applica20 ble guidelines and policies. 

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

22 affects the jurisdiction of the State of California 

23 with respect to fish and wildlife on the public land 

24 located in the State. 

25 (k) USE BY MEMBERS OF INDIAN TRIBES.—
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1 (1) ACCESS.—In recognition of the past use of 

2 wilderness areas designated by this Act by members 

3 of Indian tribes for traditional cultural and religious 

4 purposes, the Secretary shall ensure that Indian 

5 tribes have access to the wilderness areas for tradi6 tional cultural and religious purposes. 

7 (2) TEMPORARY CLOSURES.—

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

9 section, the Secretary, on request of an Indian 

10 tribe, may temporarily close to the general pub11 lic 1 or more specific portions of a wilderness 

12 area to protect the privacy of the members of 

13 the Indian tribe in the conduct of the tradi14 tional cultural and religious activities in the wil15 derness area. 

16 (B) REQUIREMENT.—Any closure under 

17 subparagraph (A) shall be made in such a man18 ner as to affect the smallest practicable area for 

19 the minimum period of time necessary for the 

20 activity to be carried out. 

21 (3) APPLICABLE LAW.—Access to the wilder22 ness areas under this subsection shall be in accord23 ance with—
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1 (A) Public Law 95–341 (commonly known 

2 as the ‘‘American Indian Religious Freedom 

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

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

5 seq.). 

6 (l) ADJACENT MANAGEMENT.—

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

8 protective perimeters or buffer zones around any wil9 derness area designated by section 3. 

10 (2) NONWILDERNESS ACTIVITIES.—The fact 

11 that nonwilderness activities or uses can be seen or 

12 heard from areas within a wilderness area des13 ignated by section 3 shall not preclude the conduct 

14 of those activities or uses outside the boundary of 

15 the wilderness area. 

16 (m) CHERRY-STEMMED ROADS.—

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

18 ‘‘cherry-stemmed road’’ means a road that is ex19 cluded from the wilderness areas designated by sec20 tion 3 by a non-wilderness corridor having des21 ignated wilderness on both sides, as generally de22 picted on the maps described in such section. 

23 (2) CLOSURES AND RESTRICTIONS.—The Sec24 retary shall not—
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1 (A) close any cherry-stemmed road that is 

2 open to the public as of the date of the enact3 ment of this Act; 

4 (B) prohibit motorized access on a cherry5 stemmed road that is open to the public for mo6 torized access as of the date of the enactment 

7 of this Act; or 

8 (C) prohibit mechanized access on a cher9 ry-stemmed road that is open to the public for 

10 mechanized access as of the date of the enact11 ment of this Act. 

12 (3) EXCEPTIONS.—Nothing in this subsection 

13 shall be construed as precluding the Secretary from 

14 closing or restricting access to a cherry-stemmed 

15 road for purposes of significant resource protection 

16 or public safety. 

17 SEC. 5. RELEASE OF WILDERNESS STUDY AREAS. 

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

19 of section 603 of the Federal Land Policy and Manage20 ment Act of 1976 (43 U.S.C. 1782), any portion of a wil21 derness study area described in subsection (b) that is not 

22 designated as wilderness by section 3 or any previous Act 

23 has been adequately studied for wilderness. 

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

25 areas referred to in subsection (a) are—
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1 (1) the King Range Wilderness Study Area; 

2 (2) the Chemise Mountain Instant Study Area; 

3 (3) the Red Mountain Wilderness Study Area; 

4 (4) the Cedar Roughs Wilderness Study Area; 

5 and 

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

7 Creek Wilderness Study Area in Lake County, Cali8 fornia which are not in R. 5 W., T. 12 N., sec. 22, 

9 Mount Diablo Meridian. 

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

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

12 wilderness by section 3 or any other Act enacted before 

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

14 section 603(c) of the Federal Land Policy and Manage15 ment Act of 1976 (43 U.S.C. 1782(c)). 

16 SEC. 6. ELKHORN RIDGE POTENTIAL WILDERNESS AREA. 

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

18 the Wilderness Act (16 U.S.C. 1131 et seq.), certain pub19 lic land in the State administered by the Bureau of Land 

20 Management, compromising approximately 11,271 acres, 

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

22 River Wilderness Area and Elkhorn Ridge Potential Wil23 derness’’ and dated June 16, 2005, is designated as a po24 tential wilderness area. 
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1 (b) MANAGEMENT.—Except as provided in subsection 

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

3 manage the potential wilderness area as wilderness until 

4 the potential wilderness area is designated as wilderness 

5 under subsection (d). 

6 (c) ECOLOGICAL RESTORATION.—

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

8 restoration (including the elimination of non-native 

9 species, removal of illegal, unused, or decommis10 sioned roads, repair of skid tracks, and any other 

11 activities necessary to restore the natural ecosystems 

12 in the potential wilderness area), the Secretary may 

13 use motorized equipment and mechanized transport 

14 in the potential wilderness area until the potential 

15 wilderness area is designated as wilderness under 

16 subsection (d). 

17 (2) LIMITATION.—To the maximum extent 

18 practicable, the Secretary shall use the minimum 

19 tool or administrative practice necessary to accom20 plish ecological restoration with the least amount of 

21 adverse impact on wilderness character and re22 sources. 

23 (d) EVENTUAL WILDERNESS DESIGNATION.—The 

24 potential wilderness area shall be designated as wilderness 
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1 and as a component of the National Wilderness Preserva2 tion System on the earlier of—

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

4 the Federal Register notice that the conditions in 

5 the potential wilderness area that are incompatible 

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

7 have been removed; or 

8 (2) the date that is 5 years after the date of en9 actment of this Act. 

10 (e) ADMINISTRATION AS WILDERNESS.—On its des11 ignation as wilderness under subsection (d), the potential 

12 wilderness area shall be—

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

14 and 

15 (2) administered in accordance with section 4 

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

17 SEC. 7. WILD AND SCENIC RIVER DESIGNATION. 

18 (a) DESIGNATION OF BLACK BUTTE RIVER, CALI19 FORNIA.—Section 3(a) of the Wild and Scenic Rivers Act 

20 (16 U.S.C. 1274(a)) is amended by adding at the end the 

21 following: 

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

23 following segments of the Black Butte River in the State 

24 of California, to be administered by the Secretary of Agri25 culture: 
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1 ‘‘(A) The 16 miles of Black Butte River, from 

2 the Mendocino County Line to its confluence with 

3 Jumpoff Creek, as a wild river. 

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

5 its confluence with Jumpoff Creek to its confluence 

6 with Middle Eel River, as a scenic river. 

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

8 Mendocino County Line to its confluence with Black 

9 Butte River, as a wild river.’’. 

10 (b) PLAN; REPORT.—

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

12 after the date of enactment of this Act, the Sec13 retary of Agriculture shall submit to Congress—

14 (A) a fire management plan for the Black 

15 Butte River segments designated by the amend16 ment made by subsection (a); and 

17 (B) a report on the cultural and historic 

18 resources within those segments. 

19 (2) TRANSMITTAL TO COUNTY.—The Secretary 

20 of Agriculture shall transmit to the Board of Super21 visors of Mendocino County, California, a copy of 

22 the plan and report submitted under paragraph (1). 
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1 SEC. 8. KING RANGE NATIONAL CONSERVATION AREA 

2 BOUNDARY ADJUSTMENT. 

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

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

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

6 (a) and (c), the land identified as the King Range Na7 tional Conservation Area Additions on the map entitled 

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

9 is included in the Area.’’. 

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

11 MENDOCINO COUNTIES, CALIFORNIA. 

12 (a) ESTABLISHMENT.—In order to enhance the rec13 reational and scenic values of the Cow Mountain area in 

14 Lake and Mendocino Counties, California, while con15 serving the wildlife and other natural resource values of 

16 the area, there is hereby established the Cow Mountain 

17 Recreation Area (in this section referred to as the ‘‘recre18 ation area’’) consisting of approximately 51,513 acres of 

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

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

21 22, 2006, including the following: 

22 (1) The ‘‘South Cow Mountain OHV Manage23 ment Area’’, as generally depicted on the map. 

24 (2) The ‘‘North Cow Mountain Recreation 

25 Area’’, as generally depicted on the map. 
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•HR 233 EH 

1 (b) LEGAL DESCRIPTIONS; CORRECTION OF ER2 RORS.—

3 (1) PREPARATION AND SUBMISSION.—As soon 

4 as practicable after the date of the enactment of this 

5 Act, the Secretary of the Interior shall prepare a 

6 map and legal descriptions of the boundaries of the 

7 recreation area. The Secretary shall submit the map 

8 and legal descriptions to the Committee on Re9 sources of the House of Representatives and to the 

10 Committee on Energy and Natural Resources of the 

11 Senate. 

12 (2) LEGAL EFFECT.—The map and legal de13 scriptions of the recreation area shall have the same 

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

15 that the Secretary may correct clerical and typo16 graphical errors in the map and legal descriptions. 

17 The map shall be on file and available for public in18 spection in appropriate offices of the Bureau of 

19 Land Management. 

20 (c) ADMINISTRATION.—

21 (1) IN GENERAL.—The Secretary of the Inte22 rior shall administer the recreation area in accord23 ance with this section and the laws and regulations 

24 generally applicable to the public lands, including 
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1 the Federal Land Policy and Management Act of 

2 1976 (43 U.S.C. 1701 et seq.). 

3 (2) EXISTING RIGHTS.—The establishment of 

4 the recreation area shall be subject to all valid exist5 ing rights. 

6 (d) RECREATIONAL ACTIVITIES.—

7 (1) IN GENERAL.—The Secretary of the Inte8 rior shall continue to authorize, maintain, and en9 hance the recreational use of the land included in 

10 the recreation area, including motorized recreation, 

11 hiking, camping, mountain biking, sightseeing, and 

12 horseback riding, as long as such recreational use is 

13 consistent with this section and other applicable law. 

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

15 Motorized recreation shall be a prescribed use within 

16 the South Cow Mountain OHV Management Area, 

17 occurring only on roads and trails designated by the 

18 Secretary for such use, except as needed for admin19 istrative purposes or to respond to an emergency. 

20 Nothing in this paragraph shall be construed as pre21 cluding the Secretary from closing any trail or route 

22 from use for purposes of resource protection or pub23 lic safety. 

24 (3) MOUNTAIN BIKING.—Mountain biking shall 

25 be a prescribed use within the recreation area, oc-
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1 curring only on roads and trails designated by the 

2 Secretary for such use. Nothing in this paragraph 

3 shall be construed as precluding the Secretary from 

4 closing any trail or route from use for purposes of 

5 resource protection or public safety. 

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

7 of the Interior shall provide any owner of private property 

8 within the boundaries of the recreation area adequate ac9 cess to the property to ensure the reasonable use and en10 joyment of the property by the owner. 

11 (f) LAND ACQUISITION.—

12 (1) ACQUISITION FROM WILLING PERSONS

13 ONLY.—The Secretary of the Interior may acquire 

14 lands or interests in lands in the recreation area 

15 only by—

16 (A) donation; 

17 (B) exchange with a willing party, as ex18 pressed in a written agreement between the 

19 Secretary and the party; or 

20 (C) purchase from a willing seller, as ex21 pressed in a written agreement between the 

22 Secretary and the seller. 

23 (2) ADMINISTRATION OF ACQUIRED LANDS.—

24 Lands or interests in lands within or adjacent to the 

25 boundaries of the recreation area that are acquired 
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1 by the Bureau of Land Management, and title or 

2 possession of which is vested in the United States 

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

4 managed by the Secretary as part of the recreation 

5 area. 

6 (g) ADJACENT MANAGEMENT.—Nothing in this sec7 tion creates protective perimeters or buffer zones around 

8 the recreation area. 

9 SEC. 10. CONTINUATION OF TRADITIONAL COMMERCIAL 

10 SURF FISHING, REDWOOD NATIONAL AND 

11 STATE PARKS. 

12 (a) AVAILABILITY OF LIMITED NUMBER OF PER13 MITS.—For the sole purpose of continuing traditional 

14 commercial surf fishing, the Secretary of the Interior shall 

15 permit the right of entry for authorized vehicle access onto 

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

17 Beach, Prairie Creek Redwoods State Park, and that por18 tion of the beach north and south of Redwood Creek in 

19 Redwood National and State Parks. The number of per20 mits issued under the authority of this section shall be 

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

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

23 shall be perpetual and subject to the same conditions as 

24 the permits held on the date of the enactment of this Act. 
26

•HR 233 EH 

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

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

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

4 does not include any vegetated areas.

Passed the House of Representatives July 24, 2006. 

Attest:

Clerk.