I

104TH CONGRESS

2D SESSION H. R. 4032

To promote balance between natural resources, economic development, and

job retention in Northwest California, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 5, 1996

Mr. RIGGS introduced the following bill; which was referred to the Committee

on Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To promote balance between natural resources, economic development, and job retention in Northwest California,

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; TABLE OF CONTENTS.

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

5 ‘‘Northwest California Forest Health and Economic Re6 covery Act’’.

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

8 this Act is as follows:
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Sec. 1. Short title; table of contents.

TITLE I—DESIGNATION OF WILDERNESS AREAS IN THE

KING RANGE NATIONAL CONSERVATION AREA TO BE

ADMINISTERED BY THE BUREAU OF LAND MANAGEMENT

Sec. 101. Short title.

Sec. 102. Findings and purpose.

Sec. 103. Designation of wilderness.

Sec. 104. Map and legal description.

Sec. 105. Wilderness review.

Sec. 106. Administration of wilderness areas.

Sec. 107. Future acquisitions.

Sec. 108. Disposition under mining laws.

Sec. 109. Traditional cultural and religious purposes.

TITLE II—ACQUISITION OF HEADWATERS FOREST

Sec. 201. Short title.

Sec. 202. Findings and purpose.

Sec. 203. Definitions.

Sec. 204. Authorization of acquisition.

Sec. 205. Manner of acquisition.

Sec. 206. Property to be received by Owners.

Sec. 207. Payments to local governments.

Sec. 208. Wilderness designation.

Sec. 209. Miscellaneous provisions.

TITLE III—SMITH RIVER NATIONAL RECREATION AREA

Sec. 301. Availability of timber for harvest in prescribed timber management

area.

TITLE IV—CONTRACTING OUT AND ADAPTIVE

MANAGEMENT DEMONSTRATION

Sec. 401. Demonstration program at Six Rivers National Forest.
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1 TITLE I—DESIGNATION OF WIL2 DERNESS AREAS IN THE KING

3 RANGE NATIONAL CONSERVA4 TION AREA TO BE ADMINIS5 TERED BY THE BUREAU OF

6 LAND MANAGEMENT

7 SEC. 101. SHORT TITLE.

8 This title may be cited as the ‘‘King Range Wilder9 ness Act of 1996’’.

10 SEC. 102. FINDINGS AND PURPOSE.

11 The Congress finds the following:

12 (1) The public lands within the King Range

13 National Conservation Area are a unique public re14 source encompassing a spectacular meeting of land

15 and sea.

16 (2) These rugged wildlands include 26 miles of

17 untouched seashore, the longest stretch of pristine

18 beach along California’s Pacific Coast.

19 (3) The extremely steep and rocky terrain, ris20 ing dramatically from sea level to 4,000 feet within

21 a distance of only three miles, has historically

22 formed a natural obstacle to transportation and set23 tlement.

24 (4) These unique natural values have long been

25 recognized, culminating in the King Range being
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1 designated the first National Conservation Area in

2 the United States.

3 (5) In 1991, after extensive public involvement

4 and support, the Bureau of Land Management rec5 ommended that approximately 24,660 acres of the

6 area be included in the National Wilderness Preser7 vation System and that the remainder continue to be

8 protected as a National Conservation Area.

9 SEC. 103. DESIGNATION OF WILDERNESS.

10 To provide an enduring resource of wildlands for the

11 benefit of the American people and in furtherance of the

12 purposes of the Wilderness Act, certain public lands, in13 cluding the rocks and islands lying directly offshore from

14 these lands, located in the Arcata Resource Area of the

15 Bureau of Land Management, California, comprising ap16 proximately 24,660 acres, as generally depicted on a map

17 entitled ‘‘King Range Wilderness—Proposed’’ and dated

18 June 7, 1995, and which shall be known as the King

19 Range Wilderness, are hereby designated as wilderness,

20 and therefore, as a component of the National Wilderness

21 Preservation System.

22 SEC. 104. MAP AND LEGAL DESCRIPTION.

23 As soon as practicable after enactment of this Act,

24 the Secretary of the Interior shall file a map and a legal

25 description for the area designated as wilderness by this
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1 title with the Committee on Energy and Natural Re2 sources of the Senate and the Committee on Resources

3 of the House of Representatives. Such map and legal de4 scription shall have the same force and effect as if in5 cluded in this Act, except that correction of clerical and

6 cartographic errors in each such legal description and map

7 may be made. Such map and legal description shall be on

8 file and available for public inspection in the Offices of

9 the Director and California State Director, Bureau of

10 Land Management, Department of the Interior.

11 SEC. 105. WILDERNESS REVIEW.

12 The Congress hereby finds and directs that all public

13 lands in the King Range National Conservation Area man14 aged by the Bureau of Land Management have been ade15 quately studied for wilderness designation pursuant to sec16 tions 202 and 603 of the Federal Land Policy and Man17 agement Act of 1976 (43 U.S.C. 1712, 1782). Those lands

18 within the King Range National Conservation Area that

19 are managed by the Bureau of Land Management and are

20 not designated as wilderness by this title are no longer

21 subject to the requirements contained in section 603(c) of

22 the Federal Land Policy and Management Act of 1976

23 (43 U.S.C. 1782(c)) pertaining to the management of wil24 derness study areas in a manner that does not impair the

25 suitability of the areas for preservation as wilderness.
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1 SEC. 106. ADMINISTRATION OF WILDERNESS AREAS.

2 Subject to valid existing rights, the area designated

3 as wilderness by this title shall be administered in accord4 ance with the provisions of the Wilderness Act (16 U.S.C.

5 1131 et seq.) and pursuant to the rules and regulations

6 promulgated in implementation thereof.

7 SEC. 107. FUTURE ACQUISITIONS.

8 Any lands within the boundaries of the area des9 ignated as wilderness by this title that are acquired by

10 the United States after the date of the enactment of this

11 Act shall become part of the wilderness area located and

12 shall be managed in accordance with all the provisions of

13 this title and other laws applicable to such wilderness area.

14 SEC. 108. DISPOSITION UNDER MINING LAWS.

15 Except as otherwise provided in this title, and subject

16 to valid existing rights, all Federal lands designated as

17 wilderness by this title and all lands within areas des18 ignated as wilderness by this title which are acquired by

19 the United States after the date of the enactment of this

20 Act are hereby withdrawn from all forms of entry, appro21 priation, or disposal under the public lands laws, including

22 the mining, mineral leasing, geothermal leasing, and mate23 rial sales laws.
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1 SEC. 109. TRADITIONAL CULTURAL AND RELIGIOUS PUR2 POSES.

3 In recognition of the past use of portions of the area

4 designated as wilderness by this title by Native Americans

5 for traditional cultural and religious purposes, the Sec6 retary shall assure access to the wilderness areas by Na7 tive Americans for traditional cultural and religious pur8 poses.

9 TITLE II—ACQUISITION OF

10 HEADWATERS FOREST

11 SEC. 201. SHORT TITLE.

12 This title may be cited as the ‘‘Headwaters Forest

13 Acquisition and Protection Act’’.

14 SEC. 202. FINDINGS AND PURPOSE.

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

16 (1) The Headwaters Forest, consisting of ap17 proximately 3,000 acres and located in Humboldt

18 County, California, is the largest grove of old growth

19 coastal redwoods remaining in private ownership.

20 (2) The Owners of the Headwaters Forest and

21 additional acres are willing to consent to the public

22 acquisition of such acreage for just compensation

23 upon and subject to the terms and conditions of this

24 title.

25 (3) Public acquisition of the Headwaters For26 est, and an additional area not to exceed 1,700
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1 acres, upon and subject to the terms and conditions

2 of this title, is likely to create employment opportu3 nities in Humboldt County, California and neighbor4 ing areas, eliminate the necessity for continued cost5 ly and protracted litigation, contribute to the preser6 vation of biological diversity, and may enhance the

7 survival of certain species by maintenance of habi8 tats.

9 (4) The Headwaters Forest is zoned for com10 mercial timber production under the laws of the

11 State of California and Humboldt County. This zon12 ing is consistent with the historical use of this and

13 surrounding property. The California Timber Pro14 duction Act of 1982 mandates that land under this

15 zoning shall be managed for maximum sustainable

16 production of forest products.

17 (5) The State of California has the most strin18 gent forestry practice regulations in the United

19 States. The Owners are entitled to lawful use of

20 their property under those regulations, and all their

21 timberlands are managed in accordance with the

22 same rules.

23 (6) Since February 1990, the Owners have re24 frained from harvesting the Headwaters Forest in
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1 order to avoid further aggravating public con2 troversy.

3 (b) PURPOSE.—The purpose of this title is to provide

4 for the public acquisition of the Headwaters Forest, and

5 up to 1,700 additional acres, to provide for the protection

6 of Headwaters Forest by designating it as wilderness, and

7 to designate Headwaters Forest as a National Biological

8 Diversity Reserve.

9 SEC. 203. DEFINITIONS.

10 As used in this title—

11 (1) the term ‘‘Headwaters Forest’’ means the

12 area consisting of approximately 3,000 acres and lo13 cated in Humboldt County, California, containing

14 the largest grove of virgin old growth coastal red15 woods remaining in private ownership;

16 (2) the term ‘‘Headwaters Forest Addition’’

17 means the lands acquired by the Secretary under

18 section 204(a);

19 (3) the term ‘‘Owners’’ means the Pacific Lum20 ber Company and Corporations owned and controlled

21 by the Pacific Lumber Company;

22 (4) the term ‘‘Acquisition Agreement’’ means

23 the agreement negotiated under section 205 between

24 the Secretary and the Owners; and
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1 (5) the term ‘‘Secretary’’ means the Secretary

2 of the Interior.

3 SEC. 204. AUTHORIZATION OF ACQUISITION.

4 (a) IN GENERAL.—(1) Upon and subject to the terms

5 and conditions of this title, the Secretary shall acquire

6 from the Owners the lands comprising approximately

7 4,700 acres, as generally depicted on the map entitled

8 ‘‘Headwaters Forest Addition—Proposed’’.

9 (2) Upon the acquisition of the Headwaters Forest

10 Addition, the Secretary shall—

11 (A) refrain from designating any other

12 timberland owned by the Owners in Humboldt

13 County, California, as critical habitat under the

14 Endangered Species Act of 1973 (16 U.S.C.

15 1531 et seq.), unless payment is made to the

16 Owners to adequately compensate the Owners

17 for any additional restrictions resulting from

18 the designation on otherwise lawful use of the

19 Owner’s property; and

20 (2) give the Owners credit for the habitat

21 value of the Headwaters Forest Addition when

22 issuing incidental take permits under that Act.

23 (3) The designation of the Headwaters Forest Addi24 tion as wilderness under section 208 shall be taken into

25 account for the purposes of planning for Federal lands in
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1 Humboldt County, California, under the Forest and

2 Rangeland Renewable Resources Planning Act of 1974

3 and the National Environmental Policy Act of 1969.

4 (4) Nothing in this title is intended or shall be con5 strued to evidence any intention by the Congress to au6 thorize future acquisition of lands by the Secretary for the

7 purpose of providing additional buffer area for the Head8 waters Forest or Headwaters Forest Addition.

9 (b) CERTAIN CONSENTS.—Lands and interests in

10 lands within the Headwaters Forest Addition may not be

11 acquired by the Secretary pursuant to this title without

12 the consent of the Owners.

13 (c) DONATIONS.—Notwithstanding any other provi14 sion of law, the Secretary may accept and expend dona15 tions of funds, property, or services from the State of Cali16 fornia for the purpose of acquiring the Headwaters Forest

17 Addition under this title.

18 SEC. 205. MANNER OF ACQUISITION.

19 (a) IN GENERAL.—The Secretary shall forthwith

20 enter into negotiations with the Owners for a written

21 agreement providing for the acquisition of the Headwaters

22 Forest Addition at its appraised fair market value in ex23 change for—
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1 (1) the land containing harvestable timber and

2 the marketable timber harvesting rights referred to

3 in subsections (b) and (c) of section 206; and

4 (2) the other property referred to in section

5 206(d), but only to the extent the appraised fair

6 market value of the Headwaters Forest Addition ex7 ceeds the appraised fair market value of the land

8 containing harvestable timber and the marketable

9 timber harvesting rights referred to in subsections

10 (b) and (c) of section 206.

11 (b) EXPEDITED CONSIDERATION OF COURT CHAL12 LENGES.—Any court challenge to the execution and deliv13 ery of the Acquisition Agreement by the Secretary, the ap14 praisals and determinations made under this title, or the

15 performance of such Acquisition Agreement by the Sec16 retary in accordance with its terms shall be advanced on

17 the docket of the court in which the challenge is brought

18 and expedited to the greatest extent practical. The court

19 shall require the plaintiffs to post a bond providing for

20 compensation to the Owners for losses incurred if the

21 plaintiffs do not prevail. The court is also authorized to

22 award reasonable attorneys’ fees to the prevailing party.

23 (c) DEADLINE FOR REACHING AGREEMENT.—(1)

24 The authority of the Secretary to acquire lands or inter25 ests in lands pursuant to this title shall expire with respect
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1 to any portion of the Headwaters Forest Addition the ac2 quisition of which is not consummated within 36 months

3 following the date of the enactment of this Act, unless ex4 tended by Court order.

5 (2) If the exchange is not consummated before the

6 deadline specified in paragraph (1), nothing in this title

7 shall be construed as limiting any activity taken by the

8 Owners in the Headwaters Forest otherwise permitted

9 under Federal or State law.

10 (3) Until the Headwaters Forest Addition is acquired

11 pursuant to this title within the time specified in para12 graph (1) (including any extension under paragraph (1)),

13 the Owners and their designees shall be entitled to the

14 full and lawful use and enjoyment thereof and nothing in

15 this title shall be construed—

16 (A) to impose any limitation upon any other17 wise lawful use of such lands;

18 (B) as authority to defer the submission, re19 view, approval, or implementation of any timber har20 vest or similar plan with respect to any portion of

21 such lands; or

22 (C) to grant a cause of action against all or any

23 of the Owners thereof or their designees for engag24 ing in the lawful use of such lands.
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1 (d) SPECIAL RULES.—The following rules shall apply

2 with respect to the negotiation, execution, delivery and

3 consummation of the Acquisition Agreement pursuant to

4 this title:

5 (1) The ‘‘appraised fair market values’’ of the

6 Headwaters Forest Addition and of the land con7 taining harvestable timber referred to in section

8 206(b) and the marketable timber harvesting rights

9 referred to in section 206(c) shall be determined as

10 of the date of the enactment of this Act by inde11 pendent appraisers, each of whom shall be qualified

12 and experienced in appraising timberland. The Sec13 retary and the Owners shall each appoint one such

14 appraiser within 30 days after the date of the enact15 ment of this Act and the two appraisers so selected

16 shall mutually select the third appraiser within 30

17 days thereafter. If the fair market values of any

18 property or right as determined by the three ap19 praisers are not the same, the appraised fair market

20 value of such property or right shall be deemed to

21 be equal to the average of the appraisals.

22 (2) The ‘‘fair market values’’ of the Headwaters

23 Forest Addition, and of the land containing harvest24 able timber referred to in section 206(b) and the

25 marketable timber harvesting rights referred to in
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1 section 206(c), shall, as set forth in the Uniform

2 Standards for Federal Land Acquisitions, be equal

3 to the amount of cash, or in terms reasonably equiv4 alent to cash, for which in all probability the prop5 erty or rights would be sold by a knowledgeable

6 owner who is willing but not obligated to sell to a

7 knowledgeable purchaser who is willing but not obli8 gated to buy. The fair market value of any property

9 referred to in section 206(d) shall be as mutually

10 determined by the Secretary and the Owners. If they

11 cannot agree, they shall utilize an appraisal process

12 similar to that described in paragraph (1).

13 (3) The authority of the Secretary to acquire

14 lands and interests in lands pursuant to this title is

15 expressly limited to the 4,700 acres comprising the

16 Headwaters Forest Addition, and, to reduce the cost

17 of acquisition, the Secretary may, in his sole discre18 tion—

19 (A) decline to purchase any portion of the

20 1,700 additional acres surrounding the Head21 waters Forest; and

22 (B) allow legal uses to be undertaken or

23 continued on such 1,700 acres,

24 if the Secretary determines that such failure to pur25 chase or use, as the case may be, will not result in
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1 significant ecological damage to the Headwaters

2 Forest.

3 (4) The Acquisition Agreement shall give the

4 Secretary adequate assurances of reasonable and

5 perpetual access by the United States, its designated

6 representatives, and the public to the Headwaters

7 Forest through other lands of the Owners, upon rea8 sonable terms and conditions as detailed in the Ac9 quisition Agreement. Such reasonable access shall

10 not interfere with the established legal uses or busi11 ness operations of the Owners and others on lands

12 not acquired by the United States pursuant to this

13 title.

14 (5) The Acquisition Agreement shall allow for

15 the Owners’ continued access to and commercial op16 eration of two gravel quarries in the 1,700 acres,

17 unless the Owners are adequately compensated for

18 forgoing such access and commercial operation.

19 (6) The Acquisition Agreement shall allow for

20 the orderly termination of operations on lands ac21 quired by the United States pursuant to this title

22 and for the removal by the Owners and others of

23 their equipment, facilities, and personal property

24 therefrom.
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1 (7) The Acquisition Agreement shall give the

2 Owners assurances that the Headwaters Forest shall

3 be managed by the United States so as not to inter4 fere with the lawful conduct of business operations,

5 including timber harvesting on privately owned lands

6 adjacent to the Headwaters Forest.

7 (8) The Acquisition Agreement shall provide for

8 copies thereof to be supplied promptly to the Com9 mittee on Agriculture, the Committee on Appropria10 tions and the Committee on Resources of the House

11 of Representatives and the Committee on Agri12 culture, Nutrition, and Forestry, the Committee on

13 Appropriations, and the Committee on Energy and

14 Natural Resources of the Senate.

15 (9) If the Acquisition Agreement provides for

16 the transfer to the Owners of property described in

17 section 206(d), such Agreement shall provide—

18 (A) for a closing date, which shall be the

19 date for consummation of the transactions pro20 vided for by this title and by the Acquisition

21 Agreement and which shall be at least 45 days

22 after the date on which the Secretary and the

23 Owners execute the Acquisition Agreement and

24 at least 45 days after the date on which the Ac-
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1 quisition Agreement is submitted to the com2 mittees specified in paragraph (8); and

3 (B) for termination of the Secretary’s obli4 gations under the Acquisition Agreement if leg5 islation disapproving the Acquisition Agreement

6 is enacted on or before the date on which the

7 transactions contemplated by the Acquisition

8 Agreement are consummated.

9 SEC. 206. PROPERTY TO BE RECEIVED BY OWNERS.

10 (a) IN GENERAL.—Effective upon and simultaneous

11 with the acquisition of the Headwaters Forest by the Sec12 retary pursuant to this title, there shall be vested in the

13 Owners the land containing harvestable timber, the mar14 ketable timber harvesting rights, and the other property

15 to which the Owners are entitled under the Acquisition

16 Agreement.

17 (b) AREA OF PRIORITY.—(1) In determining which

18 property and property rights to transfer to the Owners

19 under this title, the Secretary shall give priority to land

20 containing harvestable timber held by the Secretary lo21 cated in Humboldt County, California, and north of the

22 baseline of Township 3 South, but excluding any portion

23 of the King Range National Recreation Area.

24 (2) The rights described in subsection (c) of this sec25 tion and the other property described in subsection (d) of
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1 this section shall only be transferred to the extent that

2 the value of the Headwaters Forest Addition exceeds the

3 value of land described in this subsection.

4 (c) MARKETABLE TIMBER HARVESTING RIGHTS.—

5 (1) There shall be transferred to the Owners such timber

6 harvesting rights on lands administered by the Bureau of

7 Land Management in California as the Secretary deter8 mines, within 60 days following the date of the enactment

9 of this Act, to be appropriate. In making the determina10 tion required by the preceding sentence, the Secretary

11 shall reserve appropriate areas for logging by persons

12 other than the Owners.

13 (2) In no event shall the Secretary designate for

14 transfer any land under subsection (b) of this section or

15 rights under this subsection unless the Secretary deter16 mines after reasonable inquiry that the harvesting of the

17 timber represented by such rights will be neither denied

18 nor delayed by reason of any law or rule of law, or any

19 judicial or administrative interpretation thereof, of the

20 United States, the State of California or any subdivision

21 thereof with respect to habitat, endangered species, or

22 similar matters and so certifies in writing to the Owners.

23 In addition, the Secretary shall take steps to assure the

24 Owners have right of access to the land.
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1 (3) Any timber harvesting rights transferred to the

2 Owners pursuant to this subsection shall be in such form

3 as the Owners may reasonably request to permit the Own4 ers to sell or otherwise transfer such rights upon their re5 ceipt.

6 (d) OTHER PROPERTY.—(1) To the extent the

7 amount of the appraised fair market value of the Head8 waters Forest Addition exceeds the amount of the ap9 praised fair market value of the land containing harvest10 able timber and the marketable timber harvesting rights

11 referred to in subsections (b) and (c), as are actually re12 ceived by the Owners, there shall be transferred to the

13 Owners such other property of the United States deter14 mined by the Secretary and the Owners to be both suitable

15 for inclusion in the exchange and to have a fair market

16 value at least equal to the amount of such excess.

17 (2) To facilitate consummation of the exchanges con18 templated by this title, the Secretary shall, within 60 days

19 after the date of the enactment of this Act, provide to the

20 Owners a list of the properties from which the Secretary

21 will select any properties ultimately to be transferred to

22 the Owners pursuant to this subsection. Such properties

23 shall in no event be limited to properties under the admin24 istrative jurisdiction of the Secretary on the date of the

25 enactment of this Act.
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1 (3) In selecting properties actually to be transferred

2 to the Owners pursuant to this subsection, the Secretary

3 shall give priority to those properties designated by the

4 Owners within 60 days following the receipt by the Owners

5 of the list of properties compiled by the Secretary pursu6 ant to this subsection.

7 (e) SPECIAL RULE FOR FEDERAL TRANSFERS.—For

8 purposes of making an exchange under this title, property

9 under the jurisdiction of any other department, agency,

10 or instrumentality of the United States may be trans11 ferred, subject to any advance approval of the transfer

12 otherwise required by law, to the administrative jurisdic13 tion of the Secretary if the Secretary identifies the prop14 erty as suitable for use in making such exchange. To facili15 tate approval of a transfer of property under this sub16 section, the Secretary shall promptly submit to the Com17 mittees referred to in section 205(d)(8) proposed legisla18 tion providing for the approvals otherwise required in con19 nection with any such proposed transfer. The transfer of

20 any property under this subsection shall be made without

21 compensation to the transferring department, agency, or

22 instrumentality.

23 SEC. 207. PAYMENTS TO LOCAL GOVERNMENTS.

24 (a) PAYMENT IN LIEU OF TAXES.—Solely for pur25 poses of payments made pursuant to chapter 69 of title
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1 31 of the United States Code, all lands comprising Head2 waters Forest Addition to which the Secretary takes own3 ership pursuant to this title shall be deemed to have been

4 acquired for the purposes specified in section 6904(a) of

5 such title 31.

6 (b) 10-YEAR PAYMENT.—(1) Subject to annual ap7 propriations and the provisions of subsection (c), for a pe8 riod of 10 years after acquisition by the United States of

9 lands acquired by the Secretary pursuant to this title, the

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

11 annual payments to Humboldt County in the State of

12 California in an amount equal to the State of California

13 Timber Yield Tax revenues payable under the California

14 Revenue and Taxation Code (sec. 38101 et seq.) in effect

15 as of the date of enactment of this Act that would have

16 been paid with respect to such lands if the lands had not

17 been acquired by the United States, as determined by the

18 Secretary pursuant to this subsection.

19 (2) The Secretary, in consultation with the Humboldt

20 County, California, assessor, shall determine the amounts

21 to be paid pursuant to paragraph (1) of this subsection

22 based on consideration of a variety of factors including,

23 but not limited to—

24 (A) timber actually sold in the subject year

25 from comparable commercial forest lands of similar
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1 soil type, slope and such determination of appro2 priate timber harvest levels,

3 (B) comparable timber size class, age, and qual4 ity,

5 (C) market conditions,

6 (D) all applicable Federal, State, and local laws

7 and regulations, and

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

9 renewable timber resources.

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

11 of State of California Timber Yield Tax payments paid

12 to Humboldt County in any year pursuant to the laws of

13 California for timber sold from lands acquired under this

14 title shall be deducted from the sums to be paid to Hum15 boldt County in that year under subsection (b).

16 SEC. 208. WILDERNESS DESIGNATION.

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

18 the Wilderness Act (16 U.S.C. 1131–1136), effective upon

19 acquisition under section 204, lands in the State of Cali20 fornia which are within the areas generally depicted on

21 the map referred to in section 204(a)(1) as the ‘‘Head22 waters Forest Wilderness—Proposed’’ are designated as

23 wilderness and therefore as a component of the National

24 Wilderness Preservation System. Such lands shall be

25 known as the Headwaters Forest Wilderness.
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1 (b) MAP AND DESCRIPTION.—As soon as practicable

2 after the inclusion of any lands in the Headwaters Forest

3 Wilderness, the Secretary shall file a map and a legal de4 scription of the area so included with the Committee on

5 Resources of the House of Representatives and with the

6 Committee on Energy and Natural Resources of the Sen7 ate. The Secretary may correct clerical and typographical

8 errors in such legal description and such map. Such map

9 and legal description shall be on file and available for pub10 lic inspection in the offices of the California State Director

11 of the Bureau of Land Management, and in the offices

12 of the Ukiah District Manager of the Bureau of Land

13 Management.

14 (c) ADMINISTRATION.—Subject to valid existing

15 rights, the Secretary, acting through the Director of the

16 Bureau of Land Management, shall administer the lands

17 designated as wilderness under subsection (a) in accord18 ance with the provisions of the Wilderness Act governing

19 areas designated by that Act as wilderness, except that

20 any reference in such provisions to the effective date of

21 the Wilderness Act (or any similar reference) shall be

22 deemed to be a reference to the date of acquisition of such

23 lands under section 204 of this Act.

24 (d) STATE AUTHORITY OVER FISH AND WILD25 LIFE.—As provided in section 4(d)(7) of the Wilderness
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1 Act (16 U.S.C. 1133(d)(7)), nothing in this Act shall be

2 construed as affecting the jurisdiction or responsibilities

3 of the State of California with respect to wildlife and fish

4 in any areas designated by this Act as wilderness.

5 SEC. 209. MISCELLANEOUS PROVISIONS.

6 (a) DONATED PROPERTY.—The Secretary is author7 ized to accept donations of property for use pursuant to

8 section 205 in acquiring the Headwaters Forest Addition.

9 Notwithstanding any other provision of law, the Secretary

10 may convey such property to the Owners and such prop11 erty shall be available for such purposes without further

12 appropriation and without fiscal year limitation.

13 (b) BUFFER ZONES.—(1) The Congress does not in14 tend that designation of any area as wilderness under sec15 tion 208 lead to the creation of protective perimeters or

16 buffer zones around the wilderness area. The fact that

17 nonwilderness activities or uses can be seen or heard from

18 areas within a wilderness shall not, of itself, preclude such

19 activities or uses up to the boundary of the wilderness

20 area.

21 (2) Nothing in this title shall lead to or result in the

22 creation of protective perimeters or buffer zones in pri23 vately owned timberlands around or adjacent to the Head24 waters Forest Addition which are not acquired pursuant

25 to this title.
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated such sums as may be

3 necessary to defray the costs of the United States in par4 ticipating in the transactions authorized by this title.

5 TITLE III—SMITH RIVER

6 NATIONAL RECREATION AREA

7 SEC. 301. AVAILABILITY OF TIMBER FOR HARVEST IN PRE8 SCRIBED TIMBER MANAGEMENT AREA.

9 (a) ANNUAL SALE AMOUNTS.—In the case of the

10 Smith River National Recreation Area established by sec11 tion 4 of the Smith River National Recreation Area Act

12 (16 U.S.C. 460bbb–2), the amount of timber offered for

13 sale each year from the prescribed timber management

14 area identified in section 5(b)(2)(G) of such Act (16

15 U.S.C. 460bbb–3(b)(2)(G)) shall be between 2,000,000

16 and 5,000,000 board feet.

17 (b) EFFECT OF INSUFFICIENT AVAILABLE TIM18 BER.—In any year in which the Supervisor of the Six Riv19 ers National Forest determines that insufficient timber is

20 available in the prescribed timber management area to

21 maintain sustained yield levels to meet the target specified

22 in subsection (a), the Supervisor may offer additional tim23 ber for sale from other areas of the Smith River National

24 Recreation Area so as to meet the target, except that any
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1 such sale must be otherwise consistent with the Smith

2 River National Recreation Area Act.

3 (c) PROTECTION OF SPECIES HABITAT.—Adminis4 tration of the other seven management areas of the Smith

5 River National Recreation Area, as identified in section

6 5(b)(2) of the Smith River National Recreation Area Act

7 (16 U.S.C. 460bbb–3(b)(2)), in a manner consistent with

8 the land and resource management plan for the Six Rivers

9 National Forest shall be deemed to be sufficient protection

10 of species habitat for the purposes of the Forest and

11 Rangeland Renewable Resources Planning Act of 1974

12 (16 U.S.C. 1600 et seq.) and the Endangered Species Act

13 of 1973 (16 U.S.C. 1531 et seq.).

14 TITLE IV—CONTRACTING OUT

15 AND ADAPTIVE MANAGEMENT

16 DEMONSTRATION

17 SEC. 401. DEMONSTRATION PROGRAM AT SIX RIVERS NA18 TIONAL FOREST.

19 (a) DEMONSTRATION PROGRAM REQUIRED.—During

20 the 5-year period beginning on the date of the enactment

21 of this Act, the Secretary of Agriculture, using funds spec22 ified in subsection (d), shall conduct a demonstration pro23 gram at the Six Rivers National Forest in the State of

24 California regarding the contracting out to the private sec-
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1 tor of certain resource management activities and other

2 activities described in subsection (b).

3 (b) ELEMENTS OF DEMONSTRATION PROGRAM.—

4 The demonstration program conducted by the Secretary

5 shall contain the following elements:

6 (1) Contracting out to the private sector certain

7 resource management activities, both separately and

8 on a turnkey basis, including preparation of analyses

9 required under Option 9 of the Final Supplemental

10 Environmental Impact Statement on Management of

11 Habitat for Late Successional and Old Growth For12 ests Related Species within the Range of the North13 ern Spotted Owl, preparation of environmental and

14 watershed assessments in connection with timber

15 sales in the Six Rivers National Forest, performance

16 of resource field work, and performance of forest

17 plan implementation monitoring. In contracting out

18 such activities, to the greatest extent practicable, the

19 Secretary shall endeavor to utilize private sector

20 skills in communities adversely affected by reduc21 tions in the timber sale program for the National

22 Forest System.

23 (2) Development and implementation of a re24 search plan in the Six Rivers National Forest in the

25 area identified as the Adaptive Management Area
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1 under Option 9 of the Final Supplemental Environ2 mental Impact Statement on Management of Habi3 tat for Late Successional and Old Growth Forests

4 Related Species within the Range of the Northern

5 Spotted Owl, including supporting environmental

6 documents and monitoring, that provides for the im7 plementation and evaluation of controlled silvicul8 tural treatments in late successional and old growth

9 timber stands in the Six Rivers National Forest for

10 the purpose of testing the effect of partial-cut har11 vesting of late successional and old growth timber on

12 old growth dependent species. To facilitate imple13 mentation of the plan, administrators of the Six Riv14 ers National Forest may work cooperatively with

15 other units of the National Forest System.

16 (c) ANNUAL REPORT.—During each year of the dem17 onstration program, the Secretary shall submit to Con18 gress an annual report and evaluation of the demonstra19 tion program.

20 (d) SOURCE OF FUNDS.—Twenty-five percent of the

21 funds generated from the sale of forest products in the

22 Six Rivers National Forest, after payment of any amounts

23 due to local governments, shall be deposited in the special

24 fund established under section 3 of the Act of June 9,

25 1930 (16 U.S.C. 576b; commonly known as the Knutson-
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1 Vandenberg Act). Activities under subsections (b) and (c)

2 of this section shall qualify for funding under such section

3 3 of the Act of June 9, 1930.

Æ