I

104TH CONGRESS

2D SESSION H. R. 3873

To establish a National Forest Preserve consisting of certain Federal lands

in the Sequoia National Forest in the State of California to protect

and preserve remaining Giant Sequoia ecosystems and to provide increased recreational opportunities in connection with such ecosystems.

IN THE HOUSE OF REPRESENTATIVES

JULY 23, 1996

Mr. BROWN of California (for himself, Mr. YATES, Mr. DELLUMS, Mr. BEILENSON, Ms. ESHOO, Ms. ROYBAL-ALLARD, Mr. ZIMMER, Mr. WILSON,

Mr. WAXMAN, Mr. BECERRA, Ms. WOOLSEY, Mr. BERMAN, Ms.

LOFGREN, Mr. FILNER, Mr. CLAY, Mr. HINCHEY, Ms. NORTON, Mr.

OLVER, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. FALEOMAVAEGA,

and Ms. SLAUGHTER) introduced the following bill; which was referred

to the Committee on Resources

A BILL

To establish a National Forest Preserve consisting of certain

Federal lands in the Sequoia National Forest in the

State of California to protect and preserve remaining

Giant Sequoia ecosystems and to provide increased recreational opportunities in connection with such

ecosystems.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

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

3 ‘‘Sequoia Ecosystem and Recreation Preserve Act of

4 1996’’.

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

6 this Act is as follows:

Sec. 1. Short title and table of contents.

Sec. 2. Findings.

Sec. 3. Definitions.

Sec. 4. Expansion of certain wilderness areas to include lands in Sequoia and

Inyo National Forests.

Sec. 5. Establishment of Giant Sequoia National Forest Preserve.

Sec. 6. Purposes of Preserve.

Sec. 7. Preserve Scientific Advisory Team.

Sec. 8. Management plan.

Sec. 9. Designation of ancient forest reserves.

Sec. 10. Preserve transportation and access.

Sec. 11. Recreational facilities.

Sec. 12. Effect of Preserve on activities previously conducted in area covered

by Preserve.

Sec. 13. Effect of Preserve on other public or private interests.

Sec. 14. Water rights.

Sec. 15. Payments to local governments.

Sec. 16. Community Assistance Task Force.

Sec. 17. Preparation of budget proposal for Preserve.

Sec. 18. Authorization of appropriations.

7 SEC. 2. FINDINGS.

8 The Congress finds the following:

9 (1) Giant Sequoia trees (Sequoiadendron

10 giganteum) are the largest of all living things and

11 the most majestic trees on earth. Without any help

12 or hindrance from humans, Giant Sequoia have lived

13 up to 3200 years and attained a height of 275 feet,

14 a diameter of 38 feet, a circumference of 120 feet,

15 and a weight of over 12,000,000 pounds. The largest

16 tree currently in the National Forest System is lo-
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1 cated in the Sequoia National Forest, the Boole

2 Tree, a Giant Sequoia that stands 269 feet high and

3 has a diameter of 29 feet.

4 (2) Giant Sequoias are survivors of a genus of

5 trees which once covered most of the northern hemi6 sphere, but are now native to only a small portion

7 of the Sierra Nevada range in the State of Califor8 nia.

9 (3) The ancient forests of the Sequoia National

10 Forest are the homes of rare, threatened, and en11 dangered species of plants and wildlife.

12 (4) The ancient forests of the Sequoia National

13 Forest provide outstanding and unique recreational

14 opportunities for the people of the United States. Of

15 those units of the National Forest System located in

16 the Sierra Nevada range, the Sequoia National For17 est is located closest to Los Angeles and the bur18 geoning population in the Central Valley.

19 SEC. 3. DEFINITIONS.

20 For purposes of this Act:

21 (1) PRESERVE.—The term ‘‘Preserve’’ means

22 the Federal lands included in the Giant Sequoia Na23 tional Forest Preserve established in section 5.

24 (2) SECRETARY.—The term ‘‘the Secretary’’

25 means the Secretary of Agriculture.
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1 (3) GROVE.—The term ‘‘grove’’ means any

2 stand or group of Giant Sequoia in the Preserve

3 identified by Forest Service methods in effect on the

4 date of the enactment of this Act.

5 (4) MANAGEMENT PLAN.—The term ‘‘manage6 ment plan’’ means the management plan prepared

7 after the date of the enactment of this Act for man8 agement of the Preserve.

9 (5) ANCIENT FOREST RESERVES.—The term

10 ‘‘ancient forest reserves’’ means lands in the Pre11 serve designated under section 9 on which—

12 (A) motorized vehicles may be used only on

13 designated roads; and

14 (B) only the least possible amount of me15 chanical manipulation or intervention in natural

16 processes shall be allowed.

17 (6) NATURAL STATE.—The term ‘‘natural

18 state’’ means the conditions that are within the

19 range of variability in structure and composition

20 that occurred during the last few millennia and

21 which will promote ecosystem stability and resil22 iency.

23 (7) SCIENTIFIC ADVISORY TEAM.—The term

24 ‘‘Scientific Advisory Team’’ means the Scientific Ad25 visory Team established pursuant to section 7.
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1 (8) TASK FORCE.—The term ‘‘Task Force’’

2 means the Community Assistance Task Force estab3 lished under section 16.

4 SEC. 4. EXPANSION OF CERTAIN WILDERNESS AREAS TO

5 INCLUDE LANDS IN SEQUOIA AND INYO NA6 TIONAL FORESTS.

7 In furtherance of the purpose of the Wilderness Act

8 (16 U.S.C. 1131 et seq.), and the Federal Land Policy

9 and Management Act of 1976 (43 U.S.C. 1701 et seq.),

10 the following lands in the State of California, as generally

11 depicted on the maps referenced in this section, are hereby

12 designated as wilderness areas and shall be administered

13 as components of the National Wilderness Preservation

14 System:

15 (1) Certain lands in the Sequoia National For16 est and the Inyo National Forest, which comprise

17 approximately 7,909 acres, as generally depicted on

18 a map entitled ‘‘Golden Trout Wilderness Addi19 tions—Proposed’’, and which are hereby incor20 porated in, and which shall be deemed to be part of,

21 the Golden Trout Wilderness designated by section

22 2(b) of Public Law 95–237 (92 Stat. 41).

23 (2) Certain lands in the Sequoia National For24 est, which comprise approximately 28,540 acres, as

25 generally depicted on a map entitled ‘‘Golden Trout
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1 Wilderness Additions—Proposed 2’’, and which are

2 hereby incorporated in, and which shall be deemed

3 to be part of, the Golden Trout Wilderness des4 ignated by section 2(b) of Public Law 95–237 (92

5 Stat. 41).

6 (3) Certain lands in the Sequoia National For7 est, which comprise approximately 12,071 acres, as

8 generally depicted on a map entitled ‘‘Domeland

9 Wilderness Additions—Proposed’’, and which are

10 hereby incorporated in, and which shall be deemed

11 to be part of, the Domeland Wilderness originally

12 designated by section 3 of Public Law 88–577 (78

13 Stat. 891).

14 (4) Certain lands in the Sequoia National For15 est, which comprise approximately 39,398 acres, as

16 generally depicted on a map entitled ‘‘Bright Star

17 Wilderness—Proposed’’, and which are hereby incor18 porated in, and which shall be deemed to be part of,

19 the Bright Star Wilderness designated by section

20 102(6) of Public Law 103–433 (108 Stat. 4473).

21 (5) Certain lands in the Sequoia National For22 est, which comprise approximately 56,630 acres, as

23 generally depicted on a map entitled ‘‘Golden Trout

24 Wilderness Additions—Proposed 3’’, and which are

25 hereby incorporated in, and which shall be deemed
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1 to be part of, the Golden Trout Wilderness des2 ignated by section 2(b) of Public Law 95–237 (92

3 Stat. 41).

4 SEC. 5. ESTABLISHMENT OF GIANT SEQUOIA NATIONAL

5 FOREST PRESERVE.

6 (a) ESTABLISHMENT.—There is hereby established

7 the Giant Sequoia National Forest Preserve, consisting of

8 certain federally owned lands within the Sequoia National

9 Forest in the State of California. The Preserve shall com10 prise approximately 340,835 acres as generally depicted

11 on the map entitled, ‘‘Giant Sequoia National Forest Pre12 serve, 1995’’, dated llllll and numbered

13 llllll. Federal lands included in the Preserve are

14 dedicated in perpetuity for the preservation and restora15 tion of natural processes and the promotion of recreational

16 activity, scientific study, and other similar purposes as

17 specified in this Act.

18 (b) UNIT OF NATIONAL FOREST SYSTEM.—The Sec19 retary, acting through the Forest Service, shall administer

20 the Preserve as a separate unit within the National Forest

21 System in accordance with the purposes and provisions of

22 this Act.

23 (c) MAP AND LEGAL DESCRIPTION.—Not later than

24 six months after the date of the enactment of this Act,

25 the Secretary shall file a map and a legal description of
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1 the Preserve with the Committee on Resources and the

2 Committee on Agriculture of the House of Representatives

3 and with the Committee on Energy and Natural Resources

4 and the Committee on Agriculture, Forestry, and Nutri5 tion of the Senate. Such map and description shall have

6 the same force and effect as if included in this Act. The

7 Secretary may correct clerical and typographical errors in

8 the map and description.

9 (d) AVAILABILITY OF MAP.—The map and legal de10 scription prepared pursuant to subsection (c) shall be

11 made available for public inspection in the office of the

12 Forest Supervisor, Sequoia National Forest, in the office

13 of the Regional Forester, United States Forest Service,

14 Region 5, in the office of the Superintendent, Sequoia Na15 tional Park, in the office of the Director, National Park

16 Service, Department of the Interior and in the office of

17 the Chief of the Forest Service, Department of Agri18 culture.

19 SEC. 6. PURPOSES OF PRESERVE.

20 (a) IN GENERAL.—It is the purpose of this Act not

21 only to protect and maintain the groves of Giant Sequoias

22 in the Preserve, their supporting ecosystems, and associ23 ated forests, but also to preserve the natural state and

24 processes that have created and maintained these forests

25 for millennia.
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1 (b) SPECIFIC PURPOSES.—Subject to subsection (c),

2 the Preserve is established for the purposes of—

3 (1) assuring the ecological integrity and rec4 reational resources of the Federal lands in the Pre5 serve;

6 (2) protecting the Giant Sequoia groves as well

7 as all contiguous Federal lands in the Preserve and

8 assuring the perpetuation and continuation of the

9 many ecosystems and the essential and natural proc10 esses in the Preserve;

11 (3) providing optimum habitat for all indige12 nous species found, as of the date of the enactment

13 of this Act, in the Preserve;

14 (4) promoting and coordinating research in the

15 Preserve to compile information about the Giant Se16 quoia and other Sierra Nevada ecosystems;

17 (5) providing optimum water quality, air qual18 ity, soil quality, and scenic quality in the Preserve,

19 consistent with other Federal and State laws; and

20 (6) providing increased opportunities for recre21 ation, including hiking, horseback riding, camping,

22 use of off-highway vehicles, crosscountry skiing, and

23 nature studies, consistent with the purposes speci24 fied in the preceding paragraphs.
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1 (c) PROHIBITIONS.—Regardless of the specific men2 tion of an authorized activity in this Act, the Secretary

3 shall not permit an activity to continue or to be initiated

4 in the Preserve if the Secretary determines that the activ5 ity will, over time, degrade the health or cause the ulti6 mate destruction of the Giant Sequoia ecosystem or other

7 ecosystems in the Preserve. No portion of the Preserve

8 shall be within the timber base or used in a calculation

9 or basis for a sustained yield of timber.

10 SEC. 7. PRESERVE SCIENTIFIC ADVISORY TEAM.

11 (a) ESTABLISHMENT.—The Secretary shall appoint a

12 Scientific Advisory Team for the Preserve consisting of at

13 least 9 physical and biological scientists from such fields

14 as Sequoia ecology, hydrology, wildlife biology, landscape

15 ecology, conservation biology, soil science, geology, and

16 wildfire behavior. Not more than 3 members of the Sci17 entific Advisory Team may be current or retired employees

18 of the Forest Service.

19 (b) ROLE IN PREPARATION OF PRESERVE MANAGE20 MENT PLAN.—The Scientific Advisory Team shall give ad21 vice and guidance to the Forest Service during preparation

22 of the management plan, assist with the study of data re23 garding the Preserve, review and make recommendations

24 on reports developed in connection with the Preserve, and

25 perform other duties as requested by the Secretary. The
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1 Scientific Advisory Team shall target its efforts toward as2 suring that the management plan is consistent with the

3 overall purposes of this Act and with the best and most

4 current scientific knowledge and research.

5 (c) ROLE IN PREPARATION OF LAND CONDITION

6 SURVEYS AND REPORTS.—The Scientific Advisory Team

7 shall advise the Forest Service in compiling informational

8 reports, which shall include surveys of the condition of

9 lands within the Preserve and which will be used in pre10 paring the management plan. The Forest Service shall

11 complete the surveys within one year after the date of the

12 enactment of this Act. These surveys and reports shall ad13 dress the following issues:

14 (1) FIRE AND FUEL.—Compilation of existing

15 data and a report regarding historical and pre16 historical fire and surveys of current fuel loading

17 with identification of areas that exceed the natural

18 range of fuels build-up. The Scientific Advisory

19 Team shall review the surveys and make rec20 ommendations for restoration of these areas.

21 (2) ARTIFICIALLY PLANTED SEQUOIAS.—Com22 pilation of existing data and a report regarding

23 sources of Sequoia seedlings planted within and ad24 jacent to Sequoia groves. The Team shall review re25 ports and make recommendations as to the need for
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1 remediation to protect the integrity of individual

2 grove genetics.

3 (3) PREVIOUSLY LOGGED AREAS.—Compilation

4 of information and a report on previously logged

5 areas focusing on species mix, age, and arrange6 ment. The Scientific Advisory Team shall make rec7 ommendations for management strategies which will

8 result in the eventual restoration of these lands to

9 a natural state. Certain areas where logging has oc10 curred in both recent and historical times may be

11 recommended to remain unrestored and designated

12 as historic sites, interpretive areas, or for scientific

13 purposes.

14 (d) INTERAGENCY COOPERATION AND COORDINA15 TION.—The Scientific Advisory Team shall cooperate with

16 other agencies that are engaged in managing Sequoia

17 ecosystems in order to facilitate interagency cooperation,

18 sharing of scientific information and data, and to maxi19 mize usefulness of past, present, and future research.

20 (e) TEAM FINDINGS.—The Scientific Advisory Team

21 shall not be required to reach consensus regarding its find22 ings on any issue, but the Scientific Advisory Team should

23 furnish comments, recommendations, and findings in a

24 format which will allow for a majority as well as dissenting

25 opinions.
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1 (f) PUBLIC ACCESS TO INFORMATION.—All informa2 tion developed for and by the Scientific Advisory Team

3 and the Forest Service under this section, including min4 utes, summaries, memos, majority recommendations, and

5 dissenting opinions, shall be retained the office of the For6 est Supervisor, Sequoia National Forest, and shall be

7 readily available to the public.

8 (g) FUTURE ACTIVITIES OF TEAM.—After the final

9 management plan has been published and any administra10 tive appeals have completed the appeal process, the Sci11 entific Advisory Team shall remain available for peer re12 view of proposed projects, monitoring, and such other du13 ties that the Secretary may request.

14 (h) COMPENSATION.—Members of the Scientific Ad15 visory Team shall serve without compensation, except that

16 the Secretary may reimburse members of the Scientific

17 Advisory Team for their direct costs of participating in

18 the activities of the Scientific Advisory Team.

19 SEC. 8. MANAGEMENT PLAN.

20 (a) PREPARATION.—Not later than five years after

21 the date of the enactment of this Act, the Secretary shall

22 publish as a freestanding document a final management

23 plan for the Preserve that shall include at least the follow24 ing:
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1 (1) The measures, standards, and guidelines

2 needed to protect, restore, and enhance the natural

3 and scientific values of the Preserve and recreational

4 resources of the Preserve.

5 (2) All other measures intended to carry out

6 the purposes and provisions of this Act, including

7 specific delineation of planned administrative activi8 ties to carry out this Act.

9 (3) Provisions and maps of areas designated as

10 ancient forest reserves, and the process by which ad11 ditional areas may be designated as ancient forest

12 reserves.

13 (4) Other specific measures required by this

14 Act.

15 (b) INTERIM MANAGEMENT.—Pending the comple16 tion of the management plan, the Secretary shall manage

17 the Preserve in a manner consistent with the purposes and

18 provisions of this Act. The Secretary shall buy out any

19 timber contracts in existence on the date of the enactment

20 of this Act that authorize harvesting in the Preserve. Be21 tween the date of the enactment of this Act and the date

22 the management plan is final, the Secretary shall approve

23 or initiate only those interim management activities that

24 are consistent with the purposes of this Act.
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1 (c) ADMINISTRATIVE APPEALS.—The management

2 plan and all of the notices of decision, decision notices,

3 and decision memos for the management plan and for

4 projects implementing the management plan shall be sub5 ject to administrative appeal as provided by law. The Chief

6 of the Forest Service shall review and make the final agen7 cy decision on any administrative appeal under this Act.

8 (d) PUBLIC SAFETY.—Nothing in this Act shall be

9 construed to prohibit the Secretary from undertaking or

10 permitting those activities in the Preserve that the Sec11 retary considers necessary to ensure public safety and pre12 vent loss of life and property.

13 SEC. 9. DESIGNATION OF ANCIENT FOREST RESERVES.

14 (a) DESIGNATION.—As part of the management plan,

15 the Secretary shall designate and map the ancient forest

16 reserves.

17 (b) SPECIFIED ANCIENT FOREST RESERVES.—

18 Lands designated as ancient forest reserves shall include

19 at least the following: The Freeman Creek watershed, the

20 McIntyre Complex Groves, the Moses Roadless Area, the

21 Slate Mountain Roadless Area, the Rincon Roadless Area,

22 Deer Meadow, and the Agnew and Kennedy Sequoia

23 Groves.

24 (c) SUBSEQUENT DESIGNATIONS.—Additional areas

25 may be designated as ancient forest reserves after the
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1 completion of the management plan by amending the man2 agement plan. Such additions shall be based on public

3 input and scientific recommendations.

4 SEC. 10. PRESERVE TRANSPORTATION AND ACCESS.

5 (a) IN GENERAL.—The management plan shall in6 clude a comprehensive transportation plan for the Pre7 serve. In order to protect the natural features of the Pre8 serve, reduce conflicts among users of the Preserve, and

9 ensure visitor safety, the Secretary may regulate and con10 trol the times and means of access and use of the Pre11 serve.

12 (b) ROADS.—

13 (1) NEW CONSTRUCTION PROHIBITED.—Except

14 for short connecting sections to make loop roads or

15 to provide access to campgrounds or for other pur16 poses consistent with this Act, no new road con17 struction shall occur within the Preserve. No excep18 tions under the preceding sentence shall be made in

19 the case of ancient forest reserves and wilderness

20 areas within the Preserve.

21 (2) ROAD CATEGORIES.—The transportation

22 plan shall locate and map all roads in existence on

23 the date of the enactment of this Act, whether such

24 roads are permanent, temporary, or de facto, and all

25 compacted areas, such as landings, skid trails, and
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1 turnouts. These roads and compacted areas shall be

2 inventoried and categorized into one of the following

3 categories:

4 (A) Existing roads and areas which should

5 form the permanent road system for the Pre6 serve and are consistent with the purposes of

7 this Act. This category may include projections

8 for future needs such as new campgrounds, in9 terpretive and study centers, and parking sites.

10 (B) Roads and areas which are degrading

11 water quality or ecosystems and which shall be

12 restored to natural conditions.

13 (C) Existing roads and areas which may be

14 converted for use as motorized vehicle recre15 ation roads without undue resource damage.

16 (D) Existing roads and landings which

17 could be used for off-highway vehicles, including

18 the construction of short connecting sections to

19 provide loop trails.

20 (E) Existing roads, and areas which could

21 be used in conjunction with the official trail

22 system for recreation, including snowmobile,

23 cross-country skiing, recreational stock, hiking,

24 and interpretive trails and areas suitable for
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1 use by the disabled, including the use of motor2 ized wheelchairs.

3 (c) TRAILS.—

4 (1) IDENTIFICATION OF TRAILS.—The trans5 portation plan shall include a trail plan for the Pre6 serve that inventories and maps all trails on the

7 1956 USGS maps, the 1966 Sequoia National For8 est Recreation Map, historical trails, and trails indi9 cated by public input whether or not they have been

10 assigned a Forest Service trail number. These trails

11 shall become the official trail network for the Pre12 serve.

13 (2) TRAIL LIMITATIONS.—In the trail plan, the

14 Secretary shall determine which trails will be limited

15 to nonmotorized, nonmechanized recreation, such as

16 by horseback and hiking, and which trails will allow

17 mechanized recreation of various types, such as by

18 mountain bike and all-terrain vehicles. The Sec19 retary shall base such determinations on sensitivity

20 of the site, potential for user conflicts, and public

21 input. There shall be no use of motor vehicles on

22 trails in ancient forest reserves. The trail plan shall

23 include provisions to ensure adequate and appro24 priate recreational trail opportunities for disabled in25 dividuals.
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1 (3) RELOCATION AND EXPANSION OF TRAILS.—

2 Trails may be relocated where currently obliterated

3 by roads or logging damage or where necessary for

4 resource protection. Additional trails may be added

5 to the trail network through the conversion of exist6 ing roads to such purpose. The establishment of new

7 trails should be considered throughout the Preserve

8 consistent with the purposes of this Act.

9 (d) EMERGENCY AND SCIENTIFIC ACCESS.—Nothing

10 in this section shall be construed to prohibit the use of

11 motorized vehicles or aircraft for emergency and other es12 sential administrative services, including those services

13 provided by State and local governments, or for authorized

14 scientific research when the use of motorized vehicles or

15 aircraft is a necessary part of such research.

16 SEC. 11. RECREATIONAL FACILITIES.

17 (a) EXISTING CAMPGROUNDS.—All campgrounds in

18 the Preserve on the date of the enactment of this Act,

19 including campgrounds within grove boundaries or ancient

20 forest reserves, may remain in place subject to evaluation

21 by the Secretary.

22 (b) EXPANSION.—The Secretary shall provide new

23 camping opportunities in the Preserve in the form of both

24 developed and primitive sites. The Secretary shall identify

25 the potential locations of new campgrounds in the trans-
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1 portation plan prepared under section 10. Such camp2 grounds shall be constructed outside of ancient forest re3 serves in locations where they will cause the least resource

4 damage.

5 (c) PRIMITIVE CAMPING.—Primitive camping shall be

6 allowed throughout the Preserve, except that the Secretary

7 may control the use of certain areas based on usage and

8 resource conditions.

9 (d) STOCK CAMPGROUNDS.—In addition to overnight

10 camping facilities for stock use in existence on the date

11 of the enactment of this Act, additional horse and other

12 recreational stockcamping opportunities shall be devel13 oped, including potable and stock water supplies and hold14 ing corrals throughout the Preserve. All new construction

15 shall be outside of groves and ancient forest reserves and

16 shall be in areas which will cause the least resource dam17 age and in areas which shall have access to the Preserve

18 trail network. Potential sites shall be considered in the

19 transportation plan.

20 (e) OTHER RECREATIONAL FACILITIES.—The man21 agement plan shall address sites for further study for rec22 reational facilities, such as interpretive facilities, disabled

23 accessible areas, trailheads, picnic and day-use facilities,

24 parking areas, scenic lookouts, and campgrounds. These
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1 potential areas shall be identified and coordinated with the

2 transportation plan.

3 SEC. 12. EFFECT OF PRESERVE ON ACTIVITIES PRE4 VIOUSLY CONDUCTED IN AREA COVERED BY

5 PRESERVE.

6 (a) HUNTING AND FISHING.—Regulations regarding

7 hunting and fishing in the Preserve shall continue to be

8 under the jurisdiction of the California Department of

9 Fish and Game. If hunting and fishing activities adversely

10 affect the Preserve, the Secretary shall submit rec11 ommendations to the California Department of Fish and

12 Game regarding changes in such regulations.

13 (b) FIREWOOD COLLECTION.—The Secretary shall

14 manage firewood collection based on need and resource

15 protection, except that the Secretary shall prohibit fire16 wood collection in areas where such collection harms the

17 resources of the Preserve.

18 (c) MINERAL AND GEOTHERMAL LEASING.—No pat19 ent may be issued under the mining or geothermal laws

20 of the United States after the date of the enactment of

21 this Act on Federal lands in the Preserve, even if the loca22 tion and claim was made before such date. Federal lands

23 in the Preserve are hereby withdrawn from all forms of

24 locations, entry, and patent under the United States min25 ing laws, and from the operation of the mineral leasing
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1 laws of the United States, including all laws pertaining

2 to geothermal leasing.

3 (d) GRAZING.—Nothing in this Act shall be construed

4 to prohibit or regulate recreational or commercial grazing.

5 Grazing in the Preserve shall continue to be regulated by

6 the Forest Service.

7 SEC. 13. EFFECT OF PRESERVE ON OTHER PUBLIC OR PRI8 VATE INTERESTS.

9 (a) STATE AND LOCAL LANDS.—Nothing in this Act

10 shall be construed to affect State-owned, county-owned, or

11 municipally-owned land located partially or wholly within

12 the boundaries of the Preserve.

13 (b) PRIVATELY OWNED LANDS.—Nothing in this Act

14 shall be construed to affect the use or ownership of private

15 land located partially or wholly within the boundaries of

16 the Preserve on the date of enactment of this Act. Any

17 action of the Secretary to buy or trade for privately held

18 lands for inclusion in the Preserve shall require the vol19 untary agreement of the private seller.

20 (c) SPECIAL-USE PERMITS.—Nothing in this Act

21 shall be construed to affect Forest Service special-use per22 mits or leases in effect at the time of the enactment of

23 this Act.

24 (d) LEASED PRIVATE HOMES AND CAMPS.—All

25 homes and camps with valid leases in the Preserve on the
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1 date of the enactment of this Act, and which are otherwise

2 in compliance with the terms of the leases, shall continue

3 and may be renewed. Existing special use permits and

4 leases for homes and camps within the boundaries of the

5 Preserve are hereby deemed to be consistent with the pur6 poses of this Act. Nothing in this Act shall be construed

7 to affect the renewal of such permits and leases.

8 SEC. 14. WATER RIGHTS.

9 (a) RESERVATION OF RIGHT.—The Congress hereby

10 reserves a quantity of water sufficient to fulfill the pur11 poses of this Act. The priority date of such reserved water

12 rights shall be the date of enactment of this Act.

13 (b) PROTECTION OF RIGHT.—The Secretary and all

14 other officers of the United States shall take all steps nec15 essary to protect the rights reserved by this section, in16 cluding the filing by the Secretary of a claim for the quan17 tification of such rights in any present or future appro18 priate stream adjudication in the courts of the State of

19 California in which the United States is or may be joined

20 and which is conducted in accordance with section 208 of

21 the Act of July 10, 1952 (66 Stat. 560, 43 U.S.C. 666;

22 commonly referred to as the ‘‘McCarran Amendment’’).

23 (c) PRESERVATION OF PRIOR RIGHTS.—Nothing in

24 this Act shall be construed as a relinquishment or reduc25 tion of any water rights reserved or appropriated by the
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1 United States in the State of California on or before the

2 date of enactment of this Act.

3 (d) RULE OF CONSTRUCTION.—The Federal water

4 rights reserved by this Act are specific to the Preserve.

5 Nothing in this Act related to the reserved Federal water

6 rights shall be construed as establishing a precedent with

7 regard to any future designation, nor shall it constitute

8 an interpretation of any other Act or any designation

9 made pursuant thereto.

10 SEC. 15. PAYMENTS TO LOCAL GOVERNMENTS.

11 (a) SECTION SUPERSEDES OTHER PAYMENT PROVI12 SIONS.—Payments under this section shall be made in lieu

13 of payments under the Act of May 23, 1908 (16 U.S.C.

14 500) and chapter 69 of title 31 of the United States Code

15 in connection with Federal lands included in the Preserve.

16 (b) PAYMENTS REQUIRED.—The Secretary shall

17 make payments under this section each fiscal year to the

18 local government of each political subdivision whose

19 boundaries include Federal lands in the Preserve if such

20 local government would have received real property tax

21 revenues had such lands been privately rather than pub22 licly held. In the case of the fiscal year of the enactment

23 of this Act, the Secretary shall pro rate the payment that

24 would otherwise be made under this section.
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1 (c) AMOUNT OF PAYMENT.—The amount of the pay2 ment to be made to a local government under this section

3 shall be equal to the amount of the real property tax which

4 would be due to the local government with respect to Fed5 eral lands in the Preserve in the fiscal year concerned had

6 such lands been privately rather than publicly held and

7 used for timber production in the State of California. For

8 purposes of this section, the amount of the required pay9 ment be referred to as the ‘‘tax-equivalency amount’’.

10 (d) DETERMINATION OF TAX-EQUIVALENCY

11 AMOUNT.—For each fiscal year, the Secretary, after con12 sultation with the Comptroller General, shall determine a

13 proposed tax-equivalency amount for all Federal lands in

14 the Preserve. Upon determining the proposed tax-equiva15 lency amount for any political subdivision, the Secretary

16 shall notify the local government concerned. If the local

17 government notifies the Secretary that the local govern18 ment accepts the Secretary’s estimate, the Secretary shall

19 promptly make such payment to the local government.

20 (e) DISPUTES.—If a local government objects to the

21 Secretary’s estimate of the tax-equivalency amount pro22 posed to be paid by the Secretary under this section for

23 any fiscal year, the local government shall notify the Sec24 retary in writing of the amount which the local govern25 ment estimates to be the correct tax-equivalency amount.
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1 Upon receipt of such notice, the Secretary shall appoint

2 an arbiter. The local government shall also appoint an ar3 biter. The two arbiters shall jointly appoint a third arbiter.

4 The three arbiters shall comprise an arbitration panel

5 which shall determine the tax-equivalency amount to be

6 paid under this section to the local government. The deter7 mination of the arbitration panel shall be binding on the

8 Secretary and the local government and shall not be sub9 ject to judicial review, except as provided in sections 10

10 and 11 of title 9, United States Code.

11 (f) COSTS OF ARBITRATION.—The costs of any arbi12 tration under subsection (e) shall be paid by the Secretary,

13 except that if the tax-equivalency amount determined by

14 the arbitration panel is closer to the amount specified by

15 the Secretary than to the amount estimated by the local

16 government, the costs of the arbitration shall be deducted

17 from the tax-equivalency amount paid to the local govern18 ment.

19 (g) ACCOUNTING.—As a condition for receiving the

20 tax-equivalency amount, the local government shall agree

21 to provide an annual accounting to the Secretary of all

22 purposes for which the tax-equivalency amount is used and

23 the amount used for each purpose.
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1 SEC. 16. COMMUNITY ASSISTANCE TASK FORCE.

2 (a) ESTABLISHMENT.—The Secretary shall establish

3 a Community Assistance Task Force to oversee the provi4 sion of assistance to communities and workers in political

5 subdivisions whose boundaries include Federal lands in the

6 Preserve or contain facilities that milled timber from lands

7 included in the Preserve during any portion of the five8 year period ending on the date of the enactment of this

9 Act.

10 (b) COMMUNITY REQUESTS FOR ASSISTANCE.—Any

11 community described in subsection (a) that is adversely

12 affected by loss of Federal timber sales as a result of this

13 Act may request assistance from the Task Force. The

14 Task Force shall verify the stated need for the assistance

15 and the purposes for which the assistance will be used.

16 (c) TYPES OF COMMUNITY ASSISTANCE.—The Task

17 Force shall provide assistance (including technical assist18 ance) for the establishment of local community task forces,

19 retraining programs for workers, diversification of local

20 economies, and job counseling and job placement services.

21 Such assistance may be in the form of loans and grants.

22 The Secretary may authorize the use of facilities, equip23 ment, and personnel of the Department of Agriculture to

24 provide such assistance.

25 (d) WORKER REQUESTS FOR ASSISTANCE.—Any

26 worker displaced from a job in the timber industry because
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1 of the loss of Federal timber sales as a result of this Act

2 may request assistance from the Task Force to assist the

3 worker in securing other employment.

4 (e) DEVELOPMENT OF EMPLOYMENT OPPORTUNI5 TIES.—The Task Force shall encourage and develop em6 ployment opportunities in the political subdivisions de7 scribed in subsection (a) in forest ecosystem restoration,

8 recreation, and other forms of employment compatible

9 with the purposes and provisions of this Act.

10 (f) TERMINATION.—The Task Force shall terminate

11 five years after the date of its establishment by the Sec12 retary.

13 SEC. 17. PREPARATION OF BUDGET PROPOSAL FOR PRE14 SERVE.

15 In preparing the budget proposal for the Preserve for

16 each fiscal year, the Secretary shall not target any of the

17 budget to any commodity production in the Preserve. The

18 amount of the budget request shall be proportionate to

19 the funds which the Sequoia National Forest received be20 fore the enactment of this Act.

21 SEC. 18. AUTHORIZATION OF APPROPRIATIONS.

22 There are authorized to be appropriated such sums

23 as may be necessary to carry out this Act.

Æ