I

104TH CONGRESS

2D SESSION H. R. 4145

To amend the Forest and Rangeland Renewable Resources Planning Act

of 1974 and related laws to strengthen the protection of native biodiversity and ban clearcutting on Federal lands, and to designate certain

Federal lands as Northwest Ancient Forests, roadless areas, and special

areas where logging and other intrusive activities are prohibited.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 24, 1996

Mr. BRYANT of Texas (for himself, Mrs. MALONEY, Mr. CLAY, Ms. ESHOO,

Mr. YATES, Mrs. LOWEY, Mr. TORRICELLI, Mr. LEWIS of Georgia, Mr.

MORAN, Ms. VELA ́ZQUEZ, Mr. LANTOS, Mr. BERMAN, Mr. FRANKS of

New Jersey, Mr. FILNER, Mr. STARK, Mr. HINCHEY, Mr. FARR of California, Mr. DELLUMS, Mr. EVANS, Mr. GUTIERREZ, Mr. SERRANO, Ms.

WOOLSEY, Mr. PORTER, Mr. ANDREWS, Mr. BROWN of California, Mr.

BEILENSON, and Mr. NADLER) introduced the following bill; which was

referred to the Committee on Agriculture, and in addition to the Committees on Resources and National Security, 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 amend the Forest and Rangeland Renewable Resources

Planning Act of 1974 and related laws to strengthen

the protection of native biodiversity and ban clearcutting

on Federal lands, and to designate certain Federal lands

as Northwest Ancient Forests, roadless areas, and special

areas where logging and other intrusive activities are

prohibited.
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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; TABLE OF CONTENTS.

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

5 ‘‘Act to Save America’s Forests’’.

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

7 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Purposes, findings, conflict with Endangered Species Act.

Sec. 3. Effective date.

TITLE I—AMENDMENTS TO EXISTING LAND MANAGEMENT

LAWS

Sec. 101. Amendment of Forest and Rangeland Renewable Resources Planning

Act of 1974 relating to National Forest System lands.

Sec. 102. Amendment of Federal Land Policy and Management Act of 1976 relating to the public lands.

Sec. 103. Amendment of National Wildlife Refuge System Administration Act

of 1966 relating to the National Wildlife Refuge System.

Sec. 104. Amendment of National Indian Forest Resources Management Act

relating to Indian lands.

Sec. 105. Amendment of title 10, United States Code, relating to forest management on military lands.

TITLE II—PROTECTION FOR NORTHWEST ANCIENT

FORESTS, ROADLESS AREAS, AND SPECIAL AREAS

Sec. 201. Definitions and findings.

Sec. 202. Designation of special areas.

Sec. 203. Restrictions on management activities in Northwest Ancient Forests,

roadless areas, and special areas.

Sec. 204. Effect on private inholdings.

8 SEC. 2. PURPOSES, FINDINGS, CONFLICT WITH ENDAN9 GERED SPECIES ACT.

10 (a) PURPOSES.—The purposes of this Act are, on all

11 Federal public lands, to conserve native biodiversity and

12 to protect all native ecosystems against losses that result

13 from clearcutting and other forms of even-age logging.

14 (b) FINDINGS.—Congress finds the following:
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1 (1) Federal agencies of the United States that

2 engage in even-age logging practices include the

3 Forest Service of the Department of Agriculture, the

4 United States Fish and Wildlife Service, Bureau of

5 Land Management, and Bureau of Indian Affairs of

6 the Department of the Interior, and the Army,

7 Navy, and Air Force of the Department of Defense.

8 (2) Even-age logging causes substantial alter9 ations in native biodiversity by emphasizing the pro10 duction of a limited number of commercial species of

11 trees on each site, generally only one; by manipulat12 ing the vegetation toward greater relative density of

13 such commercial species, by suppressing competing

14 species, and by planting, on numerous sites, a com15 mercial strain that was developed to reduce the rel16 ative diversity of genetic strains that previously oc17 curred within the species on the same sites.

18 (3) Even-age logging kills immobile species and

19 the very young of mobile species of wildlife and de20 pletes the habitat of deep-forest species of animals,

21 including endangered species.

22 (4) Even-age logging exposes the soil to direct

23 sunlight and the impact of rains, disrupts the sur24 face, and compacts organic layers. It disrupts the

25 run-off restraining capabilities of roots and low-lying
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1 vegetation, which results in soil erosion, the leaching

2 out of nutrients, a reduction in the biological content

3 of the soil, and the impoverishment of the soil. All

4 these consequences have a long-range deleterious ef5 fect on all land resources, including timber produc6 tion.

7 (5) Even-age logging decreases the capability of

8 the soil to retain carbon and, during the critical pe9 riods of felling and site preparation, reduces the ca10 pacity of the biomass to process and to store carbon,

11 with a resultant of loss of such carbon to the atmos12 phere, thereby aggravating global warming.

13 (6) Even-age logging renders the soil increas14 ingly sensitive to acid deposits by causing a decline

15 of soil wood and coarse woody debris, thereby reduc16 ing the capacity of the soil to retain water and nutri17 ents, which increases soil heat and impairs the soil’s

18 ability to maintain protective carbon compounds on

19 its surface.

20 (7) Even-age logging results in increased

21 stream sedimentation, the silting of stream bottoms,

22 a decline in water quality, and the impairment of life

23 cycles and spawning processes of aquatic life from

24 benthic organisms to large fish, thereby depleting
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1 the sports and commercial fisheries of the United

2 States.

3 (8) Even-age logging increases harmful edge ef4 fects, including blowdowns, invasions by weed spe5 cies, and heavier losses to predators and competi6 tors.

7 (9) Even-age logging decreases the land’s rec8 reational values, reducing deep, canopied, variegated,

9 permanent forests, thereby limiting areas where the

10 public can fulfill an expanding need for recreation.

11 Even-age logging replaces such forests with a sur12 plus of clearings that grow into relatively impen13 etrable thickets of saplings, and then into

14 monoculture tree plantations.

15 (10) Human beings depend on native biological

16 resources, including plants, animals, and micro-orga17 nisms, for food, medicine, shelter, and other impor18 tant products, and as a source of intellectual and

19 scientific knowledge, recreation, and aesthetic pleas20 ure.

21 (11) Alteration of native biodiversity has seri22 ous consequences for human welfare as America

23 irretrievably loses resources for research and agricul24 tural, medicinal, and industrial development.
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1 (12) Alteration of biodiversity in Federal forests

2 adversely affects the functions of ecosystems and

3 critical ecosystem processes that moderate climate,

4 govern nutrient cycles and soil conservation and pro5 duction, control pests and diseases, and degrade

6 wastes and pollutants.

7 (13) The harm of even-age logging to the natu8 ral resources of this Nation and the quality of life

9 of its people are substantial, severe, and avoidable.

10 (14) By substituting selection management, as

11 prescribed in this Act, for the even-age system, the

12 Federal agencies now engaged in even-age logging

13 would substantially reduce devastation to the envi14 ronment and would improve the quality of life of the

15 American people.

16 (15) By protecting native biodiversity, as pre17 scribed in this Act, Federal agencies would maintain

18 vital native ecosystems and would improve the qual19 ity of life of the American people.

20 (16) Selection logging is more job intensive, and

21 therefore provides more employment than even-age

22 logging to manage the same amount of timber pro23 duction, and produces higher quality sawlogs.

24 (17) The court remedies now available to en25 force Federal forest laws are inadequate, and should
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1 be strengthened by providing for injunctions, declar2 atory judgments, civil penalties, and reasonable costs

3 of suit.

4 (c) CONFLICT WITH ENDANGERED SPECIES ACT.—

5 In the event of any conflict between a provision of this

6 Act, or an amendment made by this Act, and the Endan7 gered Species Act of 1973 (16 U.S.C. 1531), the latter

8 shall prevail.

9 SEC. 3. EFFECTIVE DATE.

10 (a) IN GENERAL.—This Act and the amendments

11 made by this Act shall take effect on the date of the enact12 ment of this Act.

13 (b) EFFECT ON EXISTING CONTRACTS.—The amend14 ments made by this Act shall not apply with respect to

15 any contract to sell timber which was awarded on or before

16 the date of enactment of this Act.

17 (c) APPLICATION TO EMERGENCY SALVAGE TIMBER

18 SALE PROGRAM.—The amendments made by this Act

19 shall apply with respect to any timber salvage sale under

20 section 2001 of Public Law 104–19 (109 Stat. 240; 16

21 U.S.C. 1611 note) which has not been awarded as of the

22 date of the enactment of this Act, notwithstanding any

23 provision of that section 2001.
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1 TITLE I—AMENDMENTS TO EX2 ISTING LAND MANAGEMENT

3 LAWS

4 SEC. 101. AMENDMENT OF FOREST AND RANGELAND RE5 NEWABLE RESOURCES PLANNING ACT OF

6 1974 RELATING TO NATIONAL FOREST SYS7 TEM LANDS.

8 (a) CONSERVATION OF NATIVE BIODIVERSITY.—Sec9 tion 6(g)(3)(B) of the Forest and Rangeland Renewable

10 Resources Planning Act of 1974 (16 U.S.C.

11 1604(g)(3)(B)) is amended to read as follows:

12 ‘‘(B) regardless of any other provision in

13 this Act, in each stand and each watershed

14 throughout each forested area, the Secretary

15 shall provide for the conservation or restoration

16 of native biodiversity except during the extrac17 tion stage of authorized mineral development or

18 during authorized construction projects, in

19 which events the Secretary shall conserve native

20 biodiversity to the extent possible;’’.

21 (b) COMMITTEE OF SCIENTISTS.—Section 6(h)(1) of

22 the Forest and Rangeland Renewable Resources Planning

23 Act of 1974 (16 U.S.C. 1604(h)(1)) is amended to read

24 as follows:
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1 ‘‘(h) COMMITTEE OF SCIENTISTS.—(1) In carrying

2 out the purposes of subsection (g) of this section, the Sec3 retary shall appoint a committee of scientists who are not

4 officers or employees of the Forest Service nor of any

5 other public entity, nor of any entity engaged in whole

6 or in part in the production of wood or wood products,

7 and have not contracted with or represented any of such

8 entities within a period of 5 years prior to serving on such

9 committee. The committee shall provide scientific and

10 technical advice and counsel on proposed guidelines and

11 procedures and all other issues involving forestry and na12 tive biodiversity to assure that an effective interdiscipli13 nary approach is proposed and adopted. The committee

14 shall terminate after the expiration of 10 years from the

15 date of enactment of this paragraph.’’.

16 (c) RESTRICTION ON USE OF CERTAIN LOGGING

17 PRACTICES.—Section 6 of the Forest and Rangeland Re18 newable Resources Planning Act of 1974 (16 U.S.C.

19 1604) is amended by adding at the end the following:

20 ‘‘(n) RESTRICTION ON USE OF CERTAIN LOGGING

21 PRACTICES.—(1) In each stand and watershed throughout

22 each forested area, the Secretary shall prohibit any even23 age logging and any even-age management after the date

24 of enactment of this subsection.
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1 ‘‘(2) On each site already under even-age manage2 ment, the Secretary shall (A) prescribe a shift to selection

3 management within one year, or (B) cease managing for

4 timber purposes and actively restore the native biodiver5 sity, or permit each site to regain its native biodiversity.

6 ‘‘(3) For the purposes of this Act:

7 ‘‘(A) The term ‘native biodiversity’ means the

8 full range of variety and variability within and

9 among living organisms and the ecological complexes

10 in which they would have occurred in the absence of

11 significant human impact, and encompasses diversity

12 within a species (genetic or species), within a com13 munity of species (within-community), between com14 munities of species (between-communities), within a

15 total area such as a watershed (total area), along a

16 plane from ground to sky (vertical), and along the

17 plane of the earth-surface (horizontal). Vertical and

18 horizontal diversity apply to all the other aspects of

19 diversity.

20 ‘‘(B) The terms ‘conserve’ and ‘conservation’

21 refer to protective measures for maintaining existing

22 native biodiversity and active and passive measures

23 for restoring diversity through management efforts,

24 in order to protect, restore, and enhance as much of

25 the variety of species and communities as possible in
11

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1 abundances and distributions that provide for their

2 continued existence and normal functioning, includ3 ing the viability of populations throughout their nat4 ural geographic distributions.

5 ‘‘(C) The term ‘within-community diversity’

6 means the distinctive assemblages of species and ec7 ological processes that occur in different physical

8 settings of the biosphere and distinct parts of the

9 world.

10 ‘‘(D) The term ‘genetic diversity’ means the dif11 ferences in genetic composition within and among

12 populations of a given species.

13 ‘‘(E) The term ‘species diversity’ means the

14 richness and variety of native species in a particular

15 location of the world.

16 ‘‘(F) The term ‘group selection’ means a form

17 of selection management that emphasizes the peri18 odic removal of trees, including mature, undesirable,

19 and cull trees in small groups, where they occur that

20 way, with a result of (i) creating openings not to ex21 ceed in width in any direction the height of the tall22 est tree standing within 10 feet outside the edge of

23 the group cut, and (ii) maintaining different age

24 groups in a given stand. In no event will more than

25 30 percent of the basal area of a stand be felled
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1 within 45 years. The foregoing limitation shall not

2 be deemed to establish a 150-year projected felling

3 age as the standard at which individual trees in a

4 stand are to be cut, nor shall native biodiversity be

5 limited to that which occurs within the context of a

6 150-year projected felling age.

7 ‘‘(G) The term ‘stand’ means a biological com8 munity with enough identity by location, topography,

9 or dominant species to be managed as a unit, not to

10 exceed 100 acres.

11 ‘‘(H) The term ‘clearcutting’ means the logging

12 of more than one-half of the commercial trees in a

13 patch larger than a group defined in subparagraph

14 (F) or in a stand of any size in a short period of

15 time.

16 ‘‘(I) The term ‘even-age management’ means

17 the growing of commercial timber so that all trees

18 in a patch or stand are generally within 10 years of

19 the same age. Except for designated leave trees, or

20 clumps of trees, the patch or stand is logged, com21 pletely in any acre within a period of 30 years, by

22 clearcutting, salvage logging, seed-tree cutting or

23 shelterwood cutting, or any system other than selec24 tion management.
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1 ‘‘(J) The term ‘salvage logging’ means the fell2 ing or further damaging, within any 30-year period,

3 of a greater basal area than 20 square feet per acre

4 of dead, damaged, or other trees, or any combination

5 of such trees.

6 ‘‘(K) The term ‘seed-tree cut’ means an even7 age logging operation that leaves a small minority of

8 seed trees in a stand for any period of time.

9 ‘‘(L) The term ‘selection management’ means

10 the application of logging and other actions needed

11 to maintain continuous high forest cover where such

12 cover naturally occurs, recurring natural regenera13 tion of all native species on the site, and the orderly

14 growth and development of trees through a range of

15 diameter or age classes to provide a sustained yield

16 of forest products. Cutting methods that develop and

17 maintain selection stands are individual-tree and

18 group selection. A goal of selection management is

19 to improve the quality of the site by continuously

20 harvesting trees less likely to contribute to the long21 range health of the stand.

22 ‘‘(M) The term ‘shelterwood cut’ means an

23 even-aged logging operation that leaves a minority

24 (larger than in a seed-tree cut) of the stand as a
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1 seed source or protection cover remaining standing

2 for any period of time.

3 ‘‘(N) The term ‘timber purposes’ shall include

4 the use, sale, lease, or distribution of trees, or the

5 felling of trees or portions of trees except to create

6 land space for a structure or other use.

7 ‘‘(4)(A)(i) The purpose of this paragraph is to foster

8 the widest possible enforcement of subsection (g)(3)(B)

9 and this subsection.

10 ‘‘(ii) Congress finds that all people of the United

11 States are injured by actions on lands to which subsection

12 (g)(3)(B) and this subsection apply.

13 ‘‘(B) The provisions of subsection (g)(3)(B) and this

14 subsection shall be enforced by the Secretary of Agri15 culture and the Attorney General of the United States

16 against any person who violates either of them.

17 ‘‘(C)(i) Any citizen harmed by a violation of this Act

18 may enforce any provision of subsection (g)(3)(B) and this

19 subsection by bringing an action for declaratory judgment,

20 temporary restraining order, injunction, civil penalty, and

21 other remedies against any alleged violator including the

22 United States, in any district court of the United States.

23 ‘‘(ii) The court, after determining a violation of either

24 of such subsections, shall impose a penalty of not less than

25 $5,000 and not more than $50,000 per violation, shall
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1 issue one or more injunctions and other equitable relief

2 and shall award to the plaintiffs reasonable costs of litiga3 tion including attorney’s fees, witness fees and other nec4 essary expenses.

5 ‘‘(iii) The standard of proof in all actions brought

6 under this subparagraph shall be the preponderance of the

7 evidence and the trial shall be de novo.

8 ‘‘(D) The penalty authorized by subparagraph (C)(ii)

9 shall be paid by the violator or violators designated by the

10 court. If that violator is the United States of America or

11 a Federal agency or officer, the penalty shall be paid to

12 the Judgment Fund, as provided by Congress under sec13 tion 1304 of title 31, United States Code.

14 ‘‘(E) The penalty shall be paid from the Judgment

15 Fund within 40 days after judgment to the person or per16 sons designated to receive it, to be applied in protecting

17 or restoring native biodiversity in or adjoining Federal

18 land. Any award of costs of litigation and any award of

19 attorney fees shall be paid within 40 days after judgment.

20 ‘‘(F) The United States, including its agents and em21 ployees waives its sovereign immunity in all respects in

22 all actions under subsection (g)(3)(B) and this subsection.

23 No notice is required to enforce this subsection.’’.

24 (d) CONFORMING AMENDMENT.—Section 6(g)(2)(F)

25 of the Forest and Rangeland Renewable Resource Plan-
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1 ning Act of 1974 (16 U.S.C. 1604(g)(2)(F)) is amended

2 by inserting ‘‘in accordance with subsection (g) and’’ after

3 ‘‘National Forest System lands.’’.

4 SEC. 102. AMENDMENT OF FEDERAL LAND POLICY AND

5 MANAGEMENT ACT OF 1976 RELATING TO

6 THE PUBLIC LANDS.

7 (a) CONSERVATION OF NATIVE BIODIVERSITY.—Sec8 tion 202(c) of the Federal Land Policy and Management

9 Act of 1976 (43 U.S.C. 1712(c)) is amended—

10 (1) by redesignating paragraphs (8) and (9) as

11 paragraphs (9) and (10), respectively; and

12 (2) by inserting after paragraph (7) the follow13 ing new paragraph (8):

14 ‘‘(8) regardless of any other provision in this

15 Act, in each stand and each watershed throughout

16 each forested area, the Secretary shall provide for

17 the conservation or restoration of native biodiversity

18 except during the extraction stage of authorized

19 mineral development or during authorized construc20 tion projects, in which events the Secretary shall

21 conserve native biodiversity to the extent possible;’’.

22 (b) RESTRICTION ON USE OF CERTAIN LOGGING

23 PRACTICES.—Section 202 of the Federal Land Policy and

24 Management Act of 1976 (43 U.S.C. 1712) is amended

25 by adding at the end the following:
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1 ‘‘(g) RESTRICTION ON USE OF CERTAIN LOGGING

2 PRACTICES.—(1) In each stand and watershed throughout

3 each forested area, the Secretary shall prohibit any even4 age logging and any even-age management after the date

5 of enactment of this subsection.

6 ‘‘(2) On each site already under even-age manage7 ment, the Secretary shall (A) prescribe a shift to selection

8 management within one year, or (B) cease managing for

9 timber purposes and actively restore the native biodiver10 sity, or permit each site to regain its native biodiversity.

11 ‘‘(3) For the purposes of this Act:

12 ‘‘(A) The term ‘native biodiversity’ means the

13 full range of variety and variability within and

14 among living organisms and the ecological complexes

15 in which they would have occurred in the absence of

16 significant human impact, and encompasses diversity

17 within a species (genetic or species), within a com18 munity of species (within-community), between com19 munities of species (between-communities), within a

20 total area such as a watershed (total area), along a

21 plane from ground to sky (vertical), and along the

22 plane of the earth-surface (horizontal). Vertical and

23 horizontal diversity apply to all the other aspects of

24 diversity.
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1 ‘‘(B) The terms ‘conserve’ and ‘conservation’

2 refer to protective measures for maintaining existing

3 native biodiversity and active and passive measures

4 for restoring diversity through management efforts,

5 in order to protect, restore, and enhance as much of

6 the variety of species and communities as possible in

7 abundances and distributions that provide for their

8 continued existence and normal functioning, includ9 ing the viability of populations throughout their nat10 ural geographic distributions.

11 ‘‘(C) The term ‘within-community diversity’

12 means the distinctive assemblages of species and ec13 ological processes that occur in different physical

14 settings of the biosphere and distinct parts of the

15 world.

16 ‘‘(D) The term ‘genetic diversity’ means the dif17 ferences in genetic composition within and among

18 populations of a given species.

19 ‘‘(E) The term ‘species diversity’ means the

20 richness and variety of native species in a particular

21 location of the world.

22 ‘‘(F) The term ‘group selection’ means a form

23 of selection management that emphasizes the peri24 odic removal of trees, including mature, undesirable,

25 and cull trees in small groups, where they occur that
19

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1 way, with a result of (i) creating openings not to ex2 ceed in width in any direction the height of the tall3 est tree standing within 10 feet outside the edge of

4 the group cut, and (ii) maintaining different age

5 groups in a given stand. In no event will more than

6 30 percent of the basal area of a stand be felled

7 within 45 years. The foregoing limitation shall not

8 be deemed to establish a 150-year projected felling

9 age as the standard at which individual trees in a

10 stand are to be cut, nor shall native biodiversity be

11 limited to that which occurs within the context of a

12 150-year projected felling age.

13 ‘‘(G) The term ‘stand’ means a biological com14 munity with enough identity by location, topography,

15 or dominant species to be managed as a unit, not to

16 exceed 100 acres.

17 ‘‘(H) The term ‘clearcutting’ means the logging

18 of more than one-half of the commercial trees in a

19 patch larger than a group defined in subparagraph

20 (F) or in a stand of any size in a short period of

21 time.

22 ‘‘(I) The term ‘even-age management’ means

23 the growing of commercial timber so that all trees

24 in a patch or stand are generally within 10 years of

25 the same age. Except for designated leave trees, or
20

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1 clumps of trees, the patch or stand is logged, com2 pletely in any acre within a period of 30 years, by

3 clearcutting, salvage logging, seed-tree cutting or

4 shelterwood cutting, or any system other than selec5 tion management.

6 ‘‘(J) The term ‘salvage logging’ means the fell7 ing or further damaging, within any 30-year period,

8 of a greater basal area than 20 square feet per acre

9 of dead, damaged, or other trees, or any combination

10 of such trees.

11 ‘‘(K) The term ‘seed-tree cut’ means an even12 age logging operation that leaves a small minority of

13 seed trees in a stand for any period of time.

14 ‘‘(L) The term ‘selection management’ means

15 the application of logging and other actions needed

16 to maintain continuous high forest cover where such

17 cover naturally occurs, recurring natural regenera18 tion of all native species on the site, and the orderly

19 growth and development of trees through a range of

20 diameter or age classes to provide a sustained yield

21 of forest products. Cutting methods that develop and

22 maintain selection stands are individual-tree and

23 group selection. A goal of selection management is

24 to improve the quality of the site by continuously
21

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1 harvesting trees less likely to contribute to the long2 range health of the stand.

3 ‘‘(M) The term ‘shelterwood cut’ means an

4 even-aged logging operation that leaves a minority

5 (larger than in a seed-tree cut) of the stand as a

6 seed source or protection cover remaining standing

7 for any period of time.

8 ‘‘(N) The term ‘timber purposes’ shall include

9 the use, sale, lease, or distribution of trees, or the

10 felling of trees or portions of trees except to create

11 land space for a structure or other use.

12 ‘‘(4)(A)(i) The purpose of this paragraph is to foster

13 the widest possible enforcement of subsection (c)(8) and

14 this subsection.

15 ‘‘(ii) Congress finds that all people of the United

16 States are injured by actions on lands to which subsection

17 (c)(8) and this subsection apply.

18 ‘‘(B) The provisions of subsection (c)(8) and this sub19 section shall be enforced by the Secretary of the Interior

20 and the Attorney General of the United States against any

21 person who violates either of them.

22 ‘‘(C)(i) Any citizen harmed by a violation of this Act

23 may enforce any provision of subsection (c)(8) and this

24 subsection by bringing an action for declaratory judgment,

25 temporary restraining order, injunction, civil penalty, and
22

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1 other remedies against any alleged violator including the

2 United States, in any district court of the United States.

3 ‘‘(ii) The court, after determining a violation of either

4 of such subsections, shall impose a penalty of not less than

5 $5,000 and not more than $50,000 per violation, shall

6 issue one or more injunctions and other equitable relief

7 and shall award to the plaintiffs reasonable costs of litiga8 tion including attorney’s fees, witness fees and other nec9 essary expenses.

10 ‘‘(iii) The standard of proof in all actions brought

11 under this subparagraph shall be the preponderance of the

12 evidence and the trial shall be de novo.

13 ‘‘(D) The penalty authorized by subparagraph (C) (ii)

14 shall be paid by the violator or violators designated by the

15 court. If that violator is the United States of America or

16 a Federal agency or officer, the penalty shall be paid to

17 the Judgment Fund, as provided by Congress under sec18 tion 1304 of title 31, United States Code.

19 ‘‘(E) The penalty shall be paid from the Judgment

20 Fund within 40 days after judgment to the person or per21 sons designated to receive it, to be applied in protecting

22 or restoring native biodiversity in or adjoining Federal

23 land. Any award of costs of litigation and any award of

24 attorney fees shall be paid within 40 days after judgment.
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1 ‘‘(F) The United States, including its agents and em2 ployees waives its sovereign immunity in all respects in

3 all actions under subsection (c)(8) and this subsection. No

4 notice is required to enforce this subsection.’’.

5 (c) REPEAL.—Subsection (b) of section 701 of the

6 Federal Land Policy and Management Act of 1976 (43

7 U.S.C. 1701 note) is hereby repealed.

8 SEC. 103. AMENDMENT OF NATIONAL WILDLIFE REFUGE

9 SYSTEM ADMINISTRATION ACT OF 1966 RE10 LATING TO THE NATIONAL WILDLIFE REF11 UGE SYSTEM.

12 Section 4 of the National Wildlife Refuge System Ad13 ministration Act of 1966 (16 U.S.C. 668dd) is amended

14 by adding at the end the following:

15 ‘‘(j) CONSERVATION OF NATIVE BIODIVERSITY.—Re16 gardless of any other provision in this Act, in each stand

17 and each watershed throughout each forested area within

18 the System, the Secretary shall provide for the conserva19 tion or restoration of native biodiversity, except during the

20 extraction stage of authorized mineral development or dur21 ing authorized construction projects, in which events the

22 Secretary shall conserve native biodiversity to the extent

23 possible.

24 ‘‘(k) RESTRICTION ON USE OF CERTAIN LOGGING

25 PRACTICES.—(1) In each stand and watershed throughout
24

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1 each forested area, the Secretary shall prohibit any even2 age logging and any even-age management after the date

3 of enactment of this subsection.

4 ‘‘(2) On each site already under even-age manage5 ment, the Secretary shall (A) prescribe a shift to selection

6 management within one year, or (B) cease managing for

7 timber purposes and actively restore the native biodiver8 sity, or permit each site to regain its native biodiversity.

9 ‘‘(3) For the purposes of this subsection:

10 ‘‘(A) The term ‘native biodiversity’ means the

11 full range of variety and variability within and

12 among living organisms and the ecological complexes

13 in which they would have occurred in the absence of

14 significant human impact, and encompasses diversity

15 within a species (genetic or species), within a com16 munity of species (within-community), between com17 munities of species (between-communities), within a

18 total area such as a watershed (total area), along a

19 plane from ground to sky (vertical), and along the

20 plane of the earth-surface (horizontal). Vertical and

21 horizontal diversity apply to all the other aspects of

22 diversity.

23 ‘‘(B) The terms ‘conserve’ and ‘conservation’

24 refer to protective measures for maintaining existing

25 native biodiversity and active and passive measures
25

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1 for restoring diversity through management efforts,

2 in order to protect, restore, and enhance as much

3 of the variety of species and communities as possible

4 in abundances and distributions that provide for

5 their continued existence and normal functioning, in6 cluding the viability of populations throughout their

7 natural geographic distributions.

8 ‘‘(C) The term ‘within-community diversity’

9 means the distinctive assemblages of species and ec10 ological processes that occur in different physical

11 settings of the biosphere and distinct parts of the

12 world.

13 ‘‘(D) The term ‘genetic diversity’ means the dif14 ferences in genetic composition within and among

15 populations of a given species.

16 ‘‘(E) The term ‘species diversity’ means the

17 richness and variety of native species in a particular

18 location of the world.

19 ‘‘(F) The term ‘group selection’ means a form

20 of selection management that emphasizes the peri21 odic removal of trees, including mature, undesirable,

22 and cull trees in small groups, where they occur that

23 way, with a result of (i) creating openings not to ex24 ceed in width in any direction the height of the tall25 est tree standing within 10 feet outside the edge of
26

•HR 4145 IH

1 the group cut, and (ii) maintaining different age

2 groups in a given stand. In no event will more than

3 30 percent of the basal area of a stand be felled

4 within 45 years. The foregoing limitation shall not

5 be deemed to establish a 150-year projected felling

6 age as the standard at which individual trees in a

7 stand are to be cut, nor shall native biodiversity be

8 limited to that which occurs within the context of a

9 150-year projected felling age.

10 ‘‘(G) The term ‘stand’ means a biological com11 munity with enough identity by location, topography,

12 or dominant species to be managed as a unit, not to

13 exceed 100 acres.

14 ‘‘(H) The term ‘clearcutting’ means the logging

15 of more than one-half of the commercial trees in a

16 patch larger than a group defined in subparagraph

17 (F) or in a stand of any size in a short period of

18 time.

19 ‘‘(I) The term ‘even-age management’ means

20 the growing of commercial timber so that all trees

21 in a patch or stand are generally within 10 years of

22 the same age. Except for designated leave trees, or

23 clumps of trees, the patch or stand is logged, com24 pletely in any acre within a period of 30 years, by

25 clearcutting, salvage logging, seed-tree cutting or
27

•HR 4145 IH

1 shelterwood cutting, or any system other than selec2 tion management.

3 ‘‘(J) The term ‘salvage logging’ means the fell4 ing or further damaging, within a 30-year period, of

5 a greater basal area than 20 square feet per acre of

6 dead, damaged, or other trees, or any combination

7 of such trees.

8 ‘‘(K) The term ‘seed-tree cut’ means an even9 age logging operation that leaves a small minority of

10 seed trees in a stand for any period of time.

11 ‘‘(L) The term ‘selection management’ means

12 the application of logging and other actions needed

13 to maintain continuous high forest cover where such

14 cover naturally occurs, recurring natural regenera15 tion of all native species on the site, and the orderly

16 growth and development of trees through a range of

17 diameter or age classes to provide a sustained yield

18 of forest products. Cutting methods that develop and

19 maintain selection stands are individual-tree and

20 group selection. A goal of selection management is

21 to improve the quality of the site by continuously

22 harvesting trees less likely to contribute to the long23 range health of the stand.

24 ‘‘(M) The term ‘shelterwood cut’ means an

25 even-aged logging operation that leaves a minority
28

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1 (larger than in a seed-tree cut) of the stand as a

2 seed source or protection cover remaining standing

3 for any period of time.

4 ‘‘(N) The term ‘timber purposes’ shall include

5 the use, sale, lease, or distribution of trees, or the

6 felling of trees or portions of trees except to create

7 land space for a structure or other use.

8 ‘‘(4)(A)(i) The purpose of this paragraph is to foster

9 the widest possible enforcement of subsection (j) and this

10 subsection.

11 ‘‘(ii) Congress finds that all people of the United

12 States are injured by actions on lands to which subsection

13 (j) and this subsection apply.

14 ‘‘(B) The provisions of subsection (j) and this sub15 section shall be enforced by the Secretary of the Interior

16 and the Attorney General of the United States against any

17 person who violates either of them.

18 ‘‘(C)(i) Any citizen harmed by a violation of this Act

19 may enforce any provision of this subsection by bringing

20 an action for declaratory judgment, temporary restraining

21 order, injunction, civil penalty, and other remedies against

22 any alleged violator including the United States, in any

23 district court of the United States.

24 ‘‘(ii) The court, after determining a violation of either

25 of such subsections, shall impose a penalty of not less than
29

•HR 4145 IH

1 $5,000 and not more than $50,000 per violation, shall

2 issue one or more injunctions and other equitable relief

3 and shall award to the plaintiffs reasonable costs of litiga4 tion including attorney’s fees, witness fees and other nec5 essary expenses.

6 ‘‘(iii) The standard of proof in all actions brought

7 under this subparagraph shall be the preponderance of the

8 evidence and the trial shall be de novo.

9 ‘‘(D) The penalty authorized by subparagraph (C)(ii)

10 shall be paid by the violator or violators designed by the

11 court. If that violator is the United States of America or

12 a Federal agency or officer, the penalty shall be paid to

13 the Judgment Fund, as provided by Congress under sec14 tion 1304 of title 31, United States Code.

15 ‘‘(E) The penalty should be paid from the Judgment

16 Fund within 40 days after judgment to the person or per17 sons designated to receive it, to be applied in protecting

18 or restoring native biodiversity in or adjoining Federal

19 land. Any award of costs of litigation and any award of

20 attorney fees shall be paid within 40 days after judgment.

21 ‘‘(F) The United States, including its agents and em22 ployees waives its sovereign immunity in all respects in

23 all actions under subsection (j) and this subsection. No

24 notice is required to enforce this subsection.’’.
30

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1 SEC. 104. AMENDMENT OF NATIONAL INDIAN FOREST RE2 SOURCES MANAGEMENT ACT RELATING TO

3 INDIAN LANDS.

4 Section 305 of the National Indian Forest Resources

5 Management Act (25 U.S.C. 4535) is amended by adding

6 at the end the following new subsections:

7 ‘‘(c) CONSERVATION OF NATIVE BIODIVERSITY.—

8 Regardless of any other provision in this Act, in each

9 stand and each watershed throughout each stand that is

10 managed or operated for timber purposes in each forested

11 area on Indian lands except during the extraction stage

12 of authorized mineral development or during authorized

13 construction projects in which events the Secretary shall

14 conserve native biodiversity to the extent possible.

15 ‘‘(d) RESTRICTION ON USE OF CERTAIN LOGGING

16 PRACTICES.—(1) In each stand and watershed throughout

17 each forested area, the Secretary shall prohibit any even18 age logging and any even-age management after the date

19 of enactment of this subsection.

20 ‘‘(2) On each site already under even-age manage21 ment, the Secretary shall (A) prescribe a shift to selection

22 management within one year, or (B) cease managing for

23 timber purposes and actively restore the native biodiver24 sity, or permit each site to regain its native biodiversity.

25 ‘‘(3) For the purposes of this section:
31

•HR 4145 IH

1 ‘‘(A) The term ‘native biodiversity’ means the

2 full range of variety and variability within and

3 among living organisms and the ecological complexes

4 in which they would have occurred in the absence of

5 significant human impact, and encompasses diversity

6 within a species (genetic or species), within a com7 munity of species (within-community), between com8 munities of species (between-communities), within a

9 total area such as a watershed (total area), along a

10 plane from ground to sky (vertical), and along the

11 plane of the earth-surface (horizontal). Vertical and

12 horizontal diversity apply to all the other aspects of

13 diversity.

14 ‘‘(B) The terms ‘conserve’ and ‘conservation’

15 refer to protective measures for maintaining existing

16 native biodiversity and active and passive measures

17 for restoring diversity through management efforts,

18 in order to protect, restore, and enhance as much of

19 the variety of species and communities as possible in

20 abundances and distributions that provide for their

21 continued existence and normal functioning, includ22 ing the viability of populations throughout their nat23 ural geographic distributions.

24 ‘‘(C) The term ‘within-community diversity’

25 means the distinctive assemblages of species and ec-
32

•HR 4145 IH

1 ological processes that occur in different physical

2 settings of the biosphere and distinct parts of the

3 world.

4 ‘‘(D) The term ‘genetic diversity’ means the dif5 ferences in genetic composition within and among

6 populations of a given species.

7 ‘‘(E) The term ‘species diversity’ means the

8 richness and variety of native species in a particular

9 location of the world.

10 ‘‘(F) The term ‘group selection’ means a form

11 of selection management that emphasizes the peri12 odic removal of trees, including mature, undesirable,

13 and cull trees in small groups, where they occur that

14 way, with a result of (i) creating openings not to ex15 ceed in width in any direction the height of the tall16 est tree standing within 10 feet outside the edge of

17 the group cut, and (ii) maintaining different age

18 groups in a given stand. In no event will more than

19 30 percent of the basal area of a stand be felled

20 within 45 years. The foregoing limitation shall not

21 be deemed to establish a 150-year projected felling

22 age as the standard at which individual trees in a

23 stand are to be cut, nor shall native biodiversity be

24 limited to that which occurs within the context of a

25 150-year projected felling age.
33

•HR 4145 IH

1 ‘‘(G) The term ‘stand’ means a biological com2 munity with enough identity by location, topography,

3 or dominant species to be managed as a unit, not to

4 exceed 100 acres.

5 ‘‘(H) The term ‘clearcutting’ means the logging

6 of more than one-half of the commercial trees in a

7 patch larger than a group defined in subparagraph

8 (F) or in a stand of any size in a short period of

9 time.

10 ‘‘(I) The term ‘even-age management’ means

11 the growing of commercial timber so that all trees

12 in a patch or stand are generally within 10 years of

13 the same age. Except for designated leave trees, or

14 clumps of trees, the patch or stand is logged, com15 pletely in any acre within a period of 30 years, by

16 clearcutting, salvage logging, seed-tree cutting or

17 shelterwood cutting, or any system other than selec18 tion management.

19 ‘‘(J) The term ‘salvage logging’ means the fell20 ing or further damaging, within any 30-year period,

21 of a greater basal area than 20 square feet per acre

22 of dead, damaged, or other trees, or any combination

23 of such trees.
34

•HR 4145 IH

1 ‘‘(K) The term ‘seed-tree cut’ means an even2 age logging operation that leaves a small minority of

3 seed trees in a stand for any period of time.

4 ‘‘(L) The term ‘selection management’ means

5 the application of logging and other actions needed

6 to maintain continuous high forest cover where such

7 cover naturally occurs, recurring natural regenera8 tion of all native species on the site, and the orderly

9 growth and development of trees through a range of

10 diameter or age classes to provide a sustained yield

11 of forest products. Cutting methods that develop and

12 maintain selection stands are individual-tree and

13 group selection. A goal of selection management is

14 to improve the quality of the site by continuously

15 harvesting trees less likely to contribute to the long16 range health of the stand.

17 ‘‘(M) The term ‘shelterwood cut’ means an

18 even-aged logging operation that leaves a minority

19 (larger than in a seed-tree cut) of the stand as a

20 seed source or protection cover remaining standing

21 for any period of time.

22 ‘‘(N) The term ‘timber purposes’ shall include

23 the use, sale, lease, or distribution of trees, or the

24 felling of trees or portions of trees except to create

25 land space for a structure or other use.
35

•HR 4145 IH

1 ‘‘(4)(A)(i) The purpose of this paragraph is to foster

2 the widest possible enforcement of subsection (c) and this

3 subsection.

4 ‘‘(ii) Congress finds that all people of the United

5 States are injured by actions on lands to which subsection

6 (c) and this subsection apply.

7 ‘‘(B) The provisions of subsection (c) and this sub8 section shall be enforced by the Secretary of the Interior

9 and the Attorney General of the United States against any

10 person who violates either of them.

11 ‘‘(C)(i) Any citizen harmed by a violation of this Act

12 may enforce any provision of subsection (c) and this sub13 section by bringing an action for declaratory judgment,

14 temporary restraining order, injunction, civil penalty, and

15 other remedies against any alleged violator including the

16 United States, in any district court of the United States.

17 ‘‘(ii) The court, after determining a violation of either

18 of such subsections shall impose a penalty of not less than

19 $5,000 and not more than $50,000 per violation, shall

20 issue one or more injunctions and other equitable relief

21 and shall award to the plaintiffs reasonable costs of litiga22 tion including attorney’s fees, witness fees and other nec23 essary expenses.
36

•HR 4145 IH

1 ‘‘(iii) The standard of proof in all actions brought

2 under this subparagraph shall be the preponderance of the

3 evidence and the trial shall be de novo.

4 ‘‘(D) The penalty authorized by subparagraph (C)(ii)

5 shall be paid by the violator or violators designated by the

6 court. If that violator is the United States of America or

7 a Federal agency or officer, the penalty shall be paid to

8 the Judgment Fund, as provided by Congress under sec9 tion 1304 of title 31, United States Code.

10 ‘‘(E) The penalty should be paid from the Judgment

11 Fund within 40 days after judgment to the person or per12 sons designated to receive it, to be applied in protecting

13 or restoring native biodiversity in or adjoining Federal

14 land. Any award of costs of litigation and any award of

15 attorney fees shall be paid within 40 days after judgment.

16 ‘‘(F) The United States, including its agents and em17 ployees waives its sovereign immunity in all respects in

18 all actions under subsection (c) and this subsection. No

19 notice is required to enforce this subsection.’’.

20 SEC. 105. AMENDMENT OF TITLE 10, UNITED STATES CODE,

21 RELATING TO FOREST MANAGEMENT ON

22 MILITARY LANDS.

23 (a) IN GENERAL.—Chapter 159 of title 10, United

24 States Code, is amended by adding at the end the follow25 ing new section:
37

•HR 4145 IH

1 ‘‘§ 2694. Conservation of native biodiversity

2 ‘‘(a) CONSERVATION OF NATIVE BIODIVERSITY.—

3 Regardless of any other provision in this Act, in each

4 stand and each watershed throughout each forested area

5 on a military installation or projects administered by the

6 Army Corps of Engineers, the Secretary concerned shall

7 provide for the conservation or restoration of native bio8 diversity, except during authorized construction projects

9 in which events the Secretary shall conserve native bio10 diversity to the extent possible.

11 ‘‘(b) RESTRICTION ON USE OF CERTAIN LOGGING

12 PRACTICES.—(1) In each stand and watershed throughout

13 each forested area, the Secretary shall prohibit any even14 age logging and any even-age management after the date

15 of enactment of this subsection.

16 ‘‘(2) On each site already under even-age manage17 ment, the Secretary shall (A) prescribe a shift to selection

18 management within one year, or (B) cease managing for

19 timber purposes and actively restore the native biodiver20 sity, or permit each site to regain its native biodiversity.

21 ‘‘(3) In this section:

22 ‘‘(A) The term ‘native biodiversity’ means the

23 full range of variety and variability within and

24 among living organisms and the ecological complexes

25 in which they would have occurred in the absence of

26 significant human impact, and encompasses diversity
38

•HR 4145 IH

1 within a species (genetic or species), within a com2 munity of species (within-community), between com3 munities of species (between-communities), within a

4 total area such as a watershed (total area), along a

5 plane from ground to sky (vertical), and along the

6 plane of the earth-surface (horizontal). Vertical and

7 horizontal diversity apply to all the other aspects of

8 diversity.

9 ‘‘(B) The terms ‘conserve’ and ‘conservation’

10 refer to protective measures for maintaining existing

11 native biodiversity and active and passive measures

12 for restoring diversity through management efforts,

13 in order to protect, restore, and enhance as much of

14 the variety of species and communities as possible in

15 abundances and distributions that provide for their

16 continued existence and normal functioning, includ17 ing the viability of populations throughout their nat18 ural geographic distributions.

19 ‘‘(C) The term ‘within-community diversity’

20 means the distinctive assemblages of species and ec21 ological processes that occur in different physical

22 settings of the biosphere and distinct parts of the

23 world.
39

•HR 4145 IH

1 ‘‘(D) The term ‘genetic diversity’ means the dif2 ferences in genetic composition within and among

3 populations of a given species.

4 ‘‘(E) The term ‘species diversity’ means the

5 richness and variety of native species in a particular

6 location of the world.

7 ‘‘(F) The term ‘group selection’ means a form

8 of selection management that emphasizes the peri9 odic removal of trees, including mature, undesirable,

10 and cull trees in small groups, where they occur that

11 way, with a result of (i) creating openings not to ex12 ceed in width in any direction the height of the tall13 est tree standing within 10 feet outside the edge of

14 the group cut, and (ii) maintaining different age

15 groups in a given stand. In no event will more than

16 30 percent of the basal area of a stand be felled

17 within 45 years. The foregoing limitation shall not

18 be deemed to establish a 150-year projected felling

19 age as the standard at which individual trees in a

20 stand are to be cut, nor shall native biodiversity be

21 limited to that which occurs within the context of a

22 150-year projected felling age.

23 ‘‘(G) The term ‘stand’ means a biological com24 munity with enough identity by location, topography,
40

•HR 4145 IH

1 or dominant species to be managed as a unit, not to

2 exceed 100 acres.

3 ‘‘(H) The term ‘clearcutting’ means the logging

4 of more than one-half of the commercial trees in a

5 patch larger than a group defined in subparagraph

6 (F) or in a stand of any size in a short period of

7 time.

8 ‘‘(I) The term ‘even-age management’ means

9 the growing of commercial timber so that all trees

10 in a patch or stand are generally within 10 years of

11 the same age. Except for designated leave trees, or

12 clumps of trees, the patch or stand is logged com13 pletely in any acre within a period of 30 years, by

14 clearcutting, salvage logging, seed-tree cutting or

15 shelterwood cutting, or any system other than selec16 tion management.

17 ‘‘(J) The term ‘salvage logging’ means the fell18 ing or further damaging, within any 30-year period,

19 of a greater basal area than 20 square feet per acre

20 of dead, damaged, or other trees, or any combination

21 of such trees.

22 ‘‘(K) The term ‘seed-tree cut’ means an even23 age logging operation that leaves a small minority of

24 seed trees in a stand for any period of time.
41

•HR 4145 IH

1 ‘‘(L) The term ‘selection management’ means

2 the application of logging and other actions needed

3 to maintain continuous high forest cover where such

4 cover naturally occurs, recurring natural regenera5 tion of all native species on the site, and the orderly

6 growth and development of trees through a range of

7 diameter or age classes to provide a sustained yield

8 of forest products. Cutting methods that develop and

9 maintain selection stands are individual-tree and

10 group selection. A goal of selection management is

11 to improve the quality of the site by continuously

12 harvesting trees less likely to contribute to the long13 range health of the stand.

14 ‘‘(M) The term ‘shelterwood cut’ means an

15 even-aged logging operation that leaves a minority

16 (larger than in a seed-tree cut) of the stand as a

17 seed source or protection cover remaining standing

18 for any period of time.

19 ‘‘(N) The term ‘timber purposes’ shall include

20 the use, sale, lease, or distribution of trees, or the

21 felling of trees or portions of trees except to create

22 land space for a structure or other use.

23 ‘‘(4)(A)(i) The purpose of this paragraph is to foster

24 the widest possible enforcement of this section.
42

•HR 4145 IH

1 ‘‘(ii) Congress finds that all people of the United

2 States are injured by actions on lands to which this section

3 applies.

4 ‘‘(B) The provisions of this section shall be enforced

5 by the Secretary of Defense and the Attorney General of

6 the United States against any person who violates this sec7 tion.

8 ‘‘(C)(i) Any citizen harmed by a violation of this Act

9 may enforce any provision of this section by bringing an

10 action for declaratory judgment, temporary restraining

11 order, injunction, civil penalty, and other remedies against

12 any alleged violator including the United States, in any

13 district court of the United States.

14 ‘‘(ii) The court, after determining a violation of this

15 section, shall impose a penalty of not less than $5,000 and

16 not more than $50,000 per violation, shall issue one or

17 more injunctions and other equitable relief and shall

18 award to the plaintiffs reasonable costs of litigation in19 cluding attorney’s fees, witness fees and other necessary

20 expenses.

21 ‘‘(iii) The standard of proof in all actions brought

22 under this subparagraph shall be the preponderance of the

23 evidence and the trial shall be de novo.

24 ‘‘(D) The penalty authorized by subparagraph (C)(ii)

25 shall be paid by the violator or violators designated by the
43

•HR 4145 IH

1 court. If that violator is the United States of America or

2 a Federal agency or officer, the penalty shall be paid to

3 the Judgment Fund, as provided by Congress under sec4 tion 1304 of title 31, United States Code.

5 ‘‘(E) The penalty should be paid from the Judgment

6 Fund within 40 days after judgment to the person or per7 sons designated to receive it, to be applied in protecting

8 or restoring native biodiversity in or adjoining Federal

9 land. Any award of costs of litigation and any award of

10 attorney fees shall be paid within 40 days after judgment.

11 ‘‘(F) The United States, including its agents and em12 ployees waives its sovereign immunity in all respects in

13 all actions under this section. No notice is required to en14 force this section.’’.

15 (b) CONFORMING AMENDMENT.—The table of sec16 tions for chapter 159 of title 10, United States Code, is

17 amended by adding at the end the following new item:

‘‘2694. Conservation of native biodiversity.’’.

18 TITLE II—PROTECTION FOR

19 NORTHWEST ANCIENT FOR20 ESTS, ROADLESS AREAS, AND

21 SPECIAL AREAS

22 SEC. 201. DEFINITIONS AND FINDINGS.

23 (a) DEFINITIONS.—For purposes of this title:

24 (1) EXTRACTIVE LOGGING.—The term ‘‘extrac25 tive logging’’ means the removal of any logs from a
44

•HR 4145 IH

1 Federal forest for any purpose other than the re2 moval of small quantities of logs for firewood by

3 local individual citizens for their own personal, non4 commercial use.

5 (2) NORTHWEST ANCIENT FORESTS.—The term

6 ‘‘Northwest Ancient Forests’’ refers to—

7 (A) lands identified as Late-Successional

8 Reserves, Riparian Reserves, and Key Water9 sheds under the heading ‘‘Alternative 1’’ of the

10 report ‘‘Final Supplemental Environmental Im11 pact Statement on Management of Habitat for

12 Late-Successional and Old-Growth Forest Re13 lated Species Within the Range of the Northern

14 Spotted Owl, Vol. I.’’, dated February 1994;

15 and

16 (B) lands identified by the term ‘‘Medium

17 and Large Conifer Multi-Storied, Canopied For18 ests’’ as defined in ‘‘Final Supplemental Envi19 ronmental Impact Statement on Management of

20 Habitat for Late-Successional and Old-Growth

21 Forest Related Species Within the Range of the

22 Northern Spotted Owl, Vol. I.’’, dated February

23 1994.
45

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1 (3) IMPROVED ROADS.—The term ‘‘improved

2 roads’’ means any roads maintained for travel by

3 standard passenger type vehicles.

4 (4) ROADLESS AREAS.—The term ‘‘roadless

5 areas’’ means those contiguous parcels of Federal

6 land that are devoid of improved roads, except as

7 permitted by subparagraph (B), and—

8 (A) are greater than or equal to 5,000

9 acres west of the 100th meridian;

10 (B) are greater than or equal to 1,500

11 acres east of the 100th meridian, but possibly

containing up to 1 12 ⁄2 mile of improved roads per

13 1,000 acres; or

14 (C) are less than 5,000 acres, but are con15 tiguous to existing Wilderness, Primitive Areas,

16 Administration-endorsed Wilderness, or roadless

17 areas in other Federal ownership, regardless of

18 their size.

19 (5) SPECIAL AREAS.—The term ‘‘Special

20 Areas’’ means certain areas of Federal land de21 scribed in section 202 that are to be managed ac22 cording to the instructions of section 203(c).

23 (6) SECRETARY CONCERNED.—The term ‘‘Sec24 retary concerned’’ means the head of the Federal

25 agency having jurisdiction over Federal lands in-
46

•HR 4145 IH

1 cluded within a Northwest Ancient Forest, roadless

2 area, or Special Area.

3 (b) FINDINGS.—Congress finds the following:

4 (1) Unfragmented forests on Federal lands are

5 unique and valuable assets to the general public

6 which are damaged by extractive logging.

7 (2) Less than 10 percent of the original

8 unlogged forests of the United States remain. The

9 vast majority of the remnants of America’s original

10 forests are located on Federal lands.

11 (3) Large, unfragmented forest watersheds pro12 vide high-quality water supplies for drinking, agri13 culture, industry, and fisheries across the United

14 States.

15 (4) The most recent scientific studies indicate

16 that several thousand species of plants and animals

17 are dependent on large, unfragmented forest areas.

18 (5) Many neotropical migratory songbird spe19 cies are currently experiencing documented broad20 scale population declines and require large,

21 unfragmented forests to ensure their survival.

22 (6) Destruction of large-scale natural forests

23 has resulted in a tremendous loss of jobs in the fish24 ing, hunting, tourism, recreation, and guiding indus25 tries, and has adversely affected sustainable nontim-
47

•HR 4145 IH

1 ber forest products industries such as the collection

2 of mushrooms and herbs.

3 (7) Extractive logging programs on Federal

4 lands are carried out at enormous financial costs to

5 the United States Treasury and American taxpayers.

6 (8) The Northwest Ancient Forests continue to

7 be threatened by logging and deforestation and are

8 rapidly disappearing.

9 (9) Northwest Ancient Forests help regulate at10 mospheric balance, maintain biodiversity, and pro11 vide valuable scientific opportunity for monitoring

12 the health of the planet.

13 (10) Prohibiting extractive logging in the

14 Northwest Ancient Forests would create the best

15 conditions for ensuring stable, well distributed, and

16 viable populations of the northern spotted owl, mar17 bled murrelet, American marten, and other verte18 brates, invertebrates, vascular plants, and nonvascu19 lar plants associated with those forests.

20 (11) Prohibiting extractive logging in the

21 Northwest Ancient Forests would create the best

22 conditions for ensuring stable, well distributed, and

23 viable populations of anadromous salmonids, resi24 dent salmonids, and bull trout.
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•HR 4145 IH

1 (12) Roadless areas are de facto wilderness that

2 provide wildlife habitat and recreation.

3 (13) Roadless areas contain many of the largest

4 unfragmented forests on Federal lands. Large

5 unfragmented forests are among the last refuges for

6 native animal and plant biodiversity, and are vital to

7 maintaining viable populations of threatened, endan8 gered, sensitive, and rare species.

9 (14) Roads cause soil erosion, disrupt wildlife

10 migration, and allow nonnative species of plants and

11 animals to invade native forests.

12 (15) The mortality and reproduction patterns of

13 forest dwelling animal populations are adversely af14 fected by traffic-related fatalities that accompany

15 roads.

16 (16) The exceptional recreational, biological,

17 scientific, or economic assets of certain special for18 ested areas on Federal lands are valuable to the

19 American public and are damaged by extractive log20 ging in these areas.

21 (17) In order to gauge the effectiveness and ap22 propriateness of current and future resource man23 agement activities, and to continue to broaden and

24 develop our understanding of silvicultural practices,

25 many special forested areas need to remain in a nat-
49

•HR 4145 IH

1 ural, unmanaged state to serve as scientifically es2 tablished baseline control forests.

3 (18) Certain special forested areas provide habi4 tat for the survival and recovery of endangered and

5 threatened plant and wildlife species such as grizzly

6 bears, spotted owls, Pacific salmon, and Pacific yew

7 that are harmed by extractive logging.

8 (19) Many special forested areas on Federal

9 lands are considered sacred sites by native peoples.

10 (20) As a legacy for the enjoyment, knowledge,

11 and well-being of future generations, provisions must

12 be made for the protection and perpetuation of

13 America’s Northwest Ancient Forests, roadless

14 areas, and Special Areas.

15 SEC. 202. DESIGNATION OF SPECIAL AREAS.

16 For purposes of this title, there are hereby designated

17 the following Special Areas, which shall be subject to the

18 management restrictions specified in section 203(c):

19 (1) ALABAMA: SIPSEY WILDERNESS.—Certain

20 lands in the Bankhead National Forest in Alabama,

21 which comprise approximately 20,000 acres, located

22 directly west of Highway 33 and directly north of

23 County Road 60, including all of the Sipsey River

24 Watershed north of Cranal Road.

25 (2) ALASKA.—
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1 (A) TURNIGAN ARM.—Certain lands in the

2 Chugach National Forest, Kenai Peninsula,

3 Alaska, extending from sea level to ridgetop

4 surrounding the inlet of Turnigan Arm.

5 (B) HONKER DIVIDE.—Certain lands in

6 the Tongass National Forest in Alaska, which

7 comprise approximately 75,000 acres, located

8 on north central Prince of Wales Island, com9 prising the Thorne River and Hatchery Creek

10 watersheds, stretching approximately 40 miles

11 northwest from the vicinity of the town of

12 Thorne Bay to the vicinity of the town of

13 Coffman Cove, generally known as the ‘‘Honker

14 Divide’’.

15 (3) ARIZONA: NORTH RIM OF THE GRAND CAN16 YON.—Certain lands in the Kaibab National Forest,

17 Arizona, included in the Grand Canyon Game Pre18 serve, which comprise approximately 500,000 acres,

19 abutting the northern side of the Grand Canyon in

20 the area generally known as the ‘‘North Rim of the

21 Grand Canyon’’.

22 (4) ARKANSAS.—

23 (A) COW CREEK DRAINAGE.—Certain

24 lands in the Ouachita National Forest, Mena

25 Ranger District, Polk, Arkansas, and Le Flore
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1 Counties, Oklahoma, comprising approximately

2 10,000 acres known as ‘‘Cow Creek Mountain’’.

3 (B) LEADER AND BRUSH MOUNTAINS.—

4 Certain lands in the Ouachita National Forest

5 of Montgomery and Polk Counties, Arkansas,

6 known as ‘‘Leader and Brush Mountains’’,

7 which comprise approximately 120,000 acres lo8 cated in the vicinity of the Blaylock Creek Wa9 tershed between Long Creek and the South

10 Fork of the Saline River.

11 (C) POLK CREEK AREA.—Certain lands in

12 the Ouachita National Forest, Mena Ranger

13 District, Arkansas comprising approximately

14 20,000 acres bounded by Arkansas Highway 4

15 and Forest Roads 73 and 43 known as the

16 ‘‘Polk Creek Area’’.

17 (D) LOWER BUFFALO RIVER WATER18 SHED.—Certain lands in the Ozark National

19 Forest, Sylamore Ranger District, totaling ap20 proximately 6,000 acres, known as ‘‘The Lower

21 Buffalo River Watershed’’. The area is com22 prised of those Forest Service lands, not al23 ready designated as Wilderness, located in the

24 watershed of Big Creek, southwest of the
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1 Leatherwood Wilderness Area in Searcy and

2 Marion Counties, Arkansas.

3 (E) UPPER BUFFALO RIVER WATER4 SHED.—Certain lands in the Ozark National

5 Forest, Buffalo Ranger District, totaling ap6 proximately 220,000 acres known as the

7 ‘‘Upper Buffalo River Watershed’’. This area is

8 located approximately 35 miles from the town

9 of Harrison, in Newton, Searcy, and Stone

10 Counties, Arkansas. The Upper Buffalo River

11 Watershed is comprised of those Forest Service

12 lands, not already designated as Wilderness

13 Areas, upstream of the confluence of the Buf14 falo River and Richland Creek and located in

15 the following watersheds: Buffalo River, the

16 various streams comprising the Headwaters of

17 the Buffalo River, Richland Creek, Little Buf18 falo Headwaters, Edgmon Creek, Big Creek

19 and Cane Creek.

20 (5) CALIFORNIA.—

21 (A) GIANT SEQUOIA PRESERVE.—Certain

22 lands in the Sequoia and Sierra National For23 ests in California comprised of 3 discontinuous

24 parcels, totaling approximately 442,425 acres,

25 located in Fresno, Tulare, and Kern Counties.
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1 All 3 parcels are located in the Southern Sierra

2 Nevada mountain range; the proposed Kings

3 River Unit (145,600 acres) and nearby Red4 wood Mountain Unit (11,730 acres) are located

5 approximately 25 miles east of the city of Fres6 no. The proposed South Unit (285,095 acres) is

7 approximately 15 miles east of the city of

8 Porterville.

9 (B) DARDANELLES ROADLESS AREA.—

10 Certain lands in the Tahoe National Forest,

11 California, within the Meiss Management Area,

12 comprising 12,332 acres known as the ‘‘Darda13 nelles Roadless Area’’.

14 (C) NORTH FORK AMERICAN RIVER

15 ROADLESS AREA.—Certain lands in the Tahoe

16 National Forest in California, which comprise

17 approximately 50,000 acres, located 50 miles

18 northeast of Sacramento, generally known as

19 the ‘‘North Fork American River Roadless

20 Area’’.

21 (6) COLORADO: COCHETOPA HILLS.—Certain

22 lands in the Gunnison Basin area administered by

23 the Grande Mesa, Uncompahgre, and Gunnison Na24 tional Forest and the Rio Grande National Forest

25 comprising approximately 500,000 acres known as
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1 the ‘‘Cochetopa Hills’’. This area spans the con2 tinental divide south and east of Gunnison in Gunni3 son and Saguache Counties, Colorado and includes

4 the northern San Juans, the La Garitas, and the

5 Cochetopa Hills.

6 (7) GEORGIA.—

7 (A) ARMUCHEE CLUSTER.—Certain lands

8 in the Chattahoochee National Forest,

9 Armuchee Ranger District totaling approxi10 mately 19,700 acres, known as the ‘‘Armuchee

11 Cluster’’. The cluster is comprised of three par12 cels known as Rocky Face, Johns Mountain and

13 Hidden Creek. The cluster is located approxi14 mately 10 miles southwest of Dalton and 14

15 miles north of Rome, Whitfield, Walker,

16 Chattooga, Floyd, and Gordon Counties, Geor17 gia.

18 (B) BLUE RIDGE CORRIDOR CLUSTER,

19 GEORGIA AREAS.—Certain lands in the Chat20 tahoochee National Forest, Chestatee Ranger

21 District, totaling approximately 15,000 acres

22 known as the ‘‘Blue Ridge Corridor Cluster,

23 Georgia Areas’’. The cluster is comprised of the

24 following 5 parcels: Horse Gap, Hogback Moun25 tain, Blackwell Creek, Little Cedar Mountain,
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1 and Black Mountain. The cluster is located ap2 proximately 15 to 20 miles north of the town of

3 Dahlonega, Union and Lumpkin Counties,

4 Georgia.

5 (C) CHATTOOGA WATERSHED CLUSTER,

6 GEORGIA AREAS.—Certain lands in the Chat7 tahoochee National Forest, Tallulah Ranger

8 District, comprising 63,500 acres known as the

9 ‘‘Chattooga Watershed Cluster, Georgia Areas’’.

10 This cluster is comprised of 7 areas, located in

11 Rabun County, Georgia, known as the follow12 ing: Rabun Bald, Three Forks, Ellicott Rock

13 Extension, Rock Gorge, Big Shoals, Thrift’s

14 Ferry, and Five Falls. The towns of Clayton,

15 Georgia, and Dillard, South Carolina are situ16 ated nearby.

17 (D) COHUTTA CLUSTER.—Certain lands in

18 the Chattahoochee National Forest, Cohutta

19 Ranger District, totaling approximately 28,000

20 acres, known as the ‘‘Cohutta Cluster’’. The

21 cluster is comprised of four parcels known as

22 Cohutta Extensions, Grassy Mountain, Emery

23 Creek, and Mountaintown. The cluster is lo24 cated near the towns of Chatsworth and Ellijay,

25 Murray, Fannin, and Gilmer Counties, Georgia.
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1 (E) DUNCAN RIDGE CLUSTER.—Certain

2 lands in the Chattahoochee National Forest,

3 Brasstown and Toccoa Ranger Districts, com4 prising 17,000 acres known as the ‘‘Duncan

5 Ridge Cluster’’. The cluster is comprised of the

6 following four parcels: Licklog Mountain, Dun7 can Ridge, Board Camp, and Cooper Creek

8 Scenic Area Extension. The cluster is located

9 approximately 10 to 15 miles south of the town

10 of Blairsville in Union and Fannin Counties,

11 Georgia.

12 (F) ED JENKINS NATIONAL RECREATION

13 AREA CLUSTER.—Certain lands in the Chat14 tahoochee National Forest, Toccoa and

15 Chestatee Ranger Districts, totaling approxi16 mately 19,300 acres, known as the ‘‘Ed Jenkins

17 National Recreation Area Cluster’’. The cluster

18 is comprised of the Springer Mountain, Mill

19 Creek, and Toonowee parcels. The cluster is lo20 cated 30 miles north of the town of Dahlonega,

21 Fannin, Dawson, and Lumpkin Counties, Geor22 gia.

23 (G) GAINESVILLE RIDGES CLUSTER.—Cer24 tain lands in the Chattahoochee National For25 est, Chattooga Ranger District, totaling ap-
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1 proximately 14,200 acres, known as the

2 ‘‘Gainesville Ridges Cluster’’. The cluster is

3 comprised of the following three parcels: Pan4 ther Creek, Tugaloo Uplands, and Middle Fork

5 of the Broad River. The cluster is located ap6 proximately 10 miles from the town of Toccoa,

7 Habershan and Stephens Counties, Georgia.

8 (H) NORTHERN BLUE RIDGE CLUSTER,

9 GEORGIA AREAS.—Certain lands in the Chat10 tahoochee National Forest, Brasstown and

11 Tallulah Ranger Districts, comprising 46,000

12 acres known as the ‘‘Northern Blue Ridge Clus13 ter, Georgia Areas’’. The cluster is comprised of

14 the following eight areas: Andrews Cove, Anna

15 Ruby Falls Scenic Area Extension, High

16 Shoals, Tray Mountain Extension, Kelly Ridge17 Moccasin Creek, Buzzard Knob, Southern

18 Nantahala Extension, and Patterson Gap. The

19 cluster is located approximately 5 to 15 miles

20 north of Helen, 5 to 15 miles southeast of

21 Hiawassee, north of Clayton, and west of Dil22 lard, White, Towns, and Rabun Counties, Geor23 gia.

24 (I) RICH MOUNTAIN CLUSTER.—Certain

25 lands in the Chattahoochee National Forest,
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1 Toccoa Ranger District, totaling approximately

2 9,500 acres, known as the ‘‘Rich Mountain

3 Cluster’’. The cluster is comprised of the par4 cels known as Rich Mountain Extension and

5 Rocky Mountain. The cluster is located 10 to

6 15 miles northeast of the town of Ellijay,

7 Gilmer, and Fannin Counties, Georgia.

8 (J) WILDERNESS HEARTLANDS CLUSTER,

9 GEORGIA AREAS.—Certain lands in the Chat10 tahoochee National Forest, Chestatee,

11 Brasstown, and Chattooga Ranger Districts,

12 comprising approximately 16,500 acres, known

13 as the ‘‘Wilderness Heartlands Cluster, Georgia

14 Areas’’. The cluster is comprised of four parcels

15 known as the following: Blood Mountain Exten16 sions, Raven Cliffs Extensions, Mark Trail Ex17 tensions, and Brasstown Extensions. The clus18 ter is located near the towns of Dahlonega,

19 Cleveland, Helen and Blairsville, Lumpkin,

20 Union, White, and Towns Counties, Georgia.

21 (8) IDAHO.—

22 (A) COVE/MALLARD.—Certain lands in the

23 Nez Perce National Forest in Idaho, which

24 comprise approximately 94,000 acres, located

25 approximately 30 miles southwest of the town
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1 of Elk City, west of the town of Dixie, in the

2 area generally known as ‘‘Cove/Mallard’’.

3 (B) MEADOW CREEK.—Certain lands in

4 the Nez Perce National Forest in Idaho, which

5 comprise approximately 180,000 acres, located

6 approximately 8 miles east of the town of Elk

7 City in the area generally known as ‘‘Meadow

8 Creek’’.

9 (C) FRENCH CREEK/PATRICK BUTTE.—

10 Certain lands in the Payette National Forest in

11 Idaho, which comprise approximately 141,000

12 acres, located approximately 20 miles north of

13 the town of McCall in the area generally known

14 as ‘‘French Creek/Patrick Butte’’.

15 (9) ILLINOIS.—

16 (A) CRIPPS BEND.—Certain lands in the

17 Shawnee National Forest in Illinois, which com18 prise approximately 39 acres in Jackson County

19 in the Big Muddy River watershed, in the area

20 generally known as ‘‘Cripps Bend’’.

21 (B) OPPORTUNITY AREA 6.—Certain lands

22 in the Shawnee National Forest in Illinois

23 which comprise approximately 50,000 acres lo24 cated in northern Pope County, surrounding
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1 Bell Smith Springs Natural Area, in the area

2 generally known as ‘‘Opportunity Area 6’’.

3 (C) QUARREL CREEK.—Certain lands in

4 the Shawnee National Forest in Illinois, which

5 comprise approximately 490 acres located in

6 northern Pope County, in the Quarrel Creek

7 watershed, in the area generally known as

8 ‘‘Quarrel Creek’’.

9 (10) MINNESOTA: TROUT LAKE AND SUOMI

10 HILLS.—Certain lands in the Chippewa National

11 Forest comprising 12,000 acres known as the

12 ‘‘Trout Lake/Suomi Hills’’ area in Itasca County,

13 Minnesota.

14 (11) MONTANA: MOUNT BUSHNELL.—Certain

15 lands in the Lolo National Forest in Montana, which

16 comprise approximately 41,000 acres located ap17 proximately 5 miles southwest of the town of

18 Thompson Falls in the area generally known as

19 ‘‘Mount Bushnell’’.

20 (12) NEW MEXICO.—

21 (A) ANGOSTURA.—Certain lands in the

22 eastern half of the Carson National Forest, Ca23 mino Real Ranger District, totaling approxi24 mately 10,000 acres located in Township 21,

25 Ranges 12 and 13, known as ‘‘Angostura’’. The
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1 area’s approximate boundaries are as follows:

2 the northeast boundary is formed by Highway

3 518, the southeast boundary consists of the An4 gostura Creek watershed boundary, the south5 ern boundary is Trail 19 and the Pecos Wilder6 ness, and on the west, the boundary is formed

7 by the Agua Piedra Creek watershed.

8 (B) LA MANGA.—Certain lands in the

9 western half of the Carson National Forest, El

10 Rito Ranger District, Vallecitos Sustained Yield

11 Unit, comprising approximately 5,400 acres,

12 known as ‘‘La Manga’’. The parcel is in Town13 ship 27, Range 6 and bounded on the north by

14 the Tierra Amarilla Land Grant, on the south

15 by Canada Escondida, on the west by the Sus16 tained Yield Unit boundary and the Tierra

17 Amarilla Land Grant, and on the east by the

18 Rio Vallecitos.

19 (C) ELK MOUNTAIN.—Certain lands in the

20 Santa Fe National Forest, comprising approxi21 mately 7,220 acres, known as ‘‘Elk Mountain’’

22 and located in Townships 17 and 18 and

23 Ranges 12 and 13. The area is bounded on the

24 north by the Pecos Wilderness, the Cow Creek

25 Watershed forms the eastern boundary and
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1 Cow Creek forms the western. The southern

2 boundary is formed by Rito de la Osha.

3 (D) JEMEZ HIGHLANDS.—Certain lands in

4 the Jemez Ranger District of the Santa Fe Na5 tional Forest totaling 54,400 acres known as

6 the ‘‘Jemez Highlands’’, located primarily in

7 Sandoval County, New Mexico.

8 (13) NORTH CAROLINA.—

9 (A) CENTRAL NANTAHALA CLUSTER,

10 NORTH CAROLINA AREAS.—Certain lands in the

11 Nantahala National Forest, Tusquitee, Cheoah,

12 and Wayah Ranger Districts, totaling approxi13 mately 107,000 acres known as the ‘‘Central

14 Nantahala Cluster, North Carolina Areas’’. The

15 cluster is comprised of the following 9 parcels:

16 Tusquitee Bald, Shooting Creek Bald, Cheoah

17 Bald, Pierce Bald, Wesser Bald, Tellico Bald,

18 Split White Oak, Siler Bald, and Southern

19 Nantahala Extensions. The cluster is located

20 near the towns of Murphy, Franklin, Bryson

21 City, Andrews, and Beechertown, Cherokee,

22 Macon, Clay, and Swain Counties, North Caro23 lina.

24 (B) CHATTOOGA WATERSHED CLUSTER,

25 NORTH CAROLINA AREAS.—Certain lands in the
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1 Nantahala National Forest, Highlands Ranger

2 District, totaling approximately 8,000 acres

3 known as the ‘‘Chattooga Watershed Cluster’’.

4 The cluster is comprised of the Overflow (Blue

5 Valley) and Terrapin Mountain parcels. The

6 cluster is located 5 miles from the town of

7 Highlands, Macon and Jackson Counties, North

8 Carolina.

9 (C) TENNESSEE BORDER CLUSTER, NORTH

10 CAROLINA AREAS.—Certain lands in the

11 Nantahala National Forest, Tusquitee and

12 Cheoah Ranger Districts, totaling approxi13 mately 28,000 acres, known as the ‘‘Tennessee

14 Border Cluster, North Carolina Areas’’. The

15 cluster is comprised of the 4 following parcels:

16 Unicoi Mountains, Deaden Tree, Snowbird,

17 Joyce Kilmer-Slickrock Extension. The cluster

18 is located near the towns of Murphy and

19 Robbinsville, Cherokee and Graham Counties,

20 North Carolina.

21 (D) BALD MOUNTAINS.—Certain lands in

22 the Pisgah National Forest, French Broad

23 Ranger District, totaling approximately 13,000

24 acres known as the ‘‘Bald Mountains’’, located
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1 12 miles northeast of Hot Springs, Madison

2 County, North Carolina.

3 (E) BIG IVY TRACT.—Certain lands in the

4 Pisgah National Forest in North Carolina,

5 which comprise approximately 14,000 acres, lo6 cated approximately 15 miles west of Mount

7 Mitchell in the area generally known as the

8 ‘‘Big Ivy Tract’’.

9 (F) BLACK MOUNTAINS CLUSTER, NORTH

10 CAROLINA AREAS.—Certain lands in the Pisgah

11 National Forest, Toecane and Grandfather

12 Ranger Districts, totaling approximately 62,000

13 acres, known as the ‘‘Black Mountains Cluster,

14 North Carolina Areas’’. The cluster is com15 prised of the following five parcels: Craggy

16 Mountains, Black Mountains, Jarrett Creek,

17 Mackey Mountain, and Woods Mountain. The

18 cluster is located near the towns of Burnsville,

19 Montreat and Marion, Buncombe, Yancey and

20 McDowell Counties, North Carolina.

21 (G) LINVILLE CLUSTER.—Certain lands in

22 the Pisgah National Forest, Grandfather Rang23 er District, totaling approximately 42,000 acres

24 known as the ‘‘Linville Cluster’’. The cluster is

25 comprised of the following seven parcels: Dob-
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1 son Knob, Linville Gorge Extension, Steels

2 Creek, Sugar Knob, Harper Creek, Lost Cove

3 and Upper Wilson Creek. The cluster is located

4 near the towns of Marion, Morgantown, Spruce

5 Pine, Linville, and Blowing Rock, Burke,

6 McDowell, Avery and Caldwell Counties, North

7 Carolina.

8 (H) NOLICHUCKY, NORTH CAROLINA

9 AREAS.—Certain lands in the Pisgah National

10 Forest, Toecane Ranger District, totaling ap11 proximately 4,000 acres, known as ‘‘Nolichucky,

12 North Carolina Area’’, located 25 miles north13 west of Burnsville, Mitchell and Yancey Coun14 ties, North Carolina.

15 (I) PISGAH CLUSTER, NORTH CAROLINA

16 AREAS.—Certain lands in the Pisgah National

17 Forest, Pisgah Ranger District, totaling ap18 proximately 52,000 acres, known as the ‘‘Pis19 gah Cluster, North Carolina Areas’’. The clus20 ter is comprised of the following 5 parcels:

21 Shining Rock and Middle Prong Extensions,

22 Daniel Ridge, Cedar Rock Mountain, South

23 Mills River, and Laurel Mountain. The cluster

24 is located 5 to 12 miles north of the town of

25 Brevard and southwest of the city of Asheville,
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1 Haywood, Transylvania, and Henderson Coun2 ties, North Carolina.

3 (J) WILDCAT.—Certain lands in the Pis4 gah National Forest, French Broad Ranger

5 District, totaling approximately 6,500 acres,

6 known as ‘‘Wildcat’’, located 20 miles northwest

7 of the town of Canton, Haywood County, North

8 Carolina.

9 (14) OREGON: KANGAROO ROADLESS AREA.—

10 Certain lands in the Siskiyou National Forest and

11 Rogue River National Forest in Oregon, which com12 prise approximately 20,000 acres, located approxi13 mately 20 miles southwest of the town of Grants

14 Pass and 10 miles south of Williams in the area

15 generally known as the ‘‘Kangaroo Roadless Area’’.

16 (15) SOUTH CAROLINA.—

17 (A) BIG SHOALS, SOUTH CAROLINA

18 AREA.—Certain lands in the Sumter National

19 Forest, Andrew Pickens Ranger District,

20 Oconee County, South Carolina comprising ap21 proximately 2,000 acres known as ‘‘Big Shoals,

22 South Carolina Area’’. This area is located 15

23 miles south of Highlands, North Carolina.

24 (B) BRASSTOWN CREEK, SOUTH CAROLINA

25 AREA.—Certain lands in the Sumter National
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1 Forest, Andrew Pickens Ranger District,

2 Oconee County, South Carolina, comprising ap3 proximately 3,500 acres known as ‘‘Brasstown

4 Creek, South Carolina Area’’. This area is lo5 cated approximately 15 miles west of West6 minster, South Carolina.

7 (C) CHAUGA.—Certain lands in the Sum8 ter National Forest, Andrew Pickens Ranger

9 District, Oconee County, South Carolina com10 prising approximately 16,000 acres known as

11 ‘‘Chauga’’. This area is located approximately

12 10 miles west of Walhalla, South Carolina.

13 (D) DARK BOTTOMS.—Certain lands in the

14 Sumter National Forest, Andrew Pickens Rang15 er District, Oconee County, South Carolina

16 comprising approximately 4,000 acres known as

17 ‘‘Dark Bottoms’’. This area is located approxi18 mately 10 miles northwest of Westminster,

19 South Carolina.

20 (E) ELLICOTT ROCK EXTENSION, SOUTH

21 CAROLINA AREA.—Certain lands in the Sumter

22 National Forest, Andrew Pickens Ranger Dis23 trict, Oconee County, South Carolina compris24 ing approximately 2,000 acres known as

25 ‘‘Ellicott Rock Extension, South Carolina
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1 Area’’. This area is located approximately 10

2 miles south of Cashiers, North Carolina.

3 (F) FIVE FALLS, SOUTH CAROLINA

4 AREA.—Certain lands in the Sumter National

5 Forest, Andrew Pickens Ranger District,

6 Oconee County, South Carolina comprising ap7 proximately 3,500 acres known as ‘‘Five Falls,

8 South Carolina Area’’. This area is located ap9 proximately 10 miles southeast of Clayton,

10 Georgia.

11 (G) PERSIMMON MOUNTAIN.—Certain

12 lands in the Sumter National Forest, Andrew

13 Pickens Ranger District, Oconee County, South

14 Carolina, comprising approximately 7,000 acres

15 known as ‘‘Persimmon Mountain’’. This area is

16 located approximately 12 miles south of Cash17 iers, North Carolina.

18 (H) ROCK GORGE, SOUTH CAROLINA

19 AREA.—Certain lands in the Sumter National

20 Forest, Andrew Pickens Ranger District,

21 Oconee County, South Carolina, comprising ap22 proximately 2,000 acres known as ‘‘Rock

23 Gorge, South Carolina Area’’. This area is lo24 cated 12 miles southeast of Highlands, North

25 Carolina.
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1 (I) TAMASSEE.—Certain lands in the Sum2 ter National Forest, Andrew Pickens Ranger

3 District, Oconee County, South Carolina, com4 prising approximately 5,500 acres known as

5 ‘‘Tamassee’’. This area is located approximately

6 10 miles north of Walhalla, South Carolina.

7 (J) THRIFT’S FERRY, SOUTH CAROLINA

8 AREA.—Certain lands in the Sumter National

9 Forest, Andrew Pickens Ranger District,

10 Oconee County, South Carolina comprising ap11 proximately 5,000 acres known as ‘‘Thrift’s

12 Ferry, South Carolina Area’’. This area is lo13 cated 10 miles east of Clayton, Georgia.

14 (16) SOUTH DAKOTA.—

15 (A) BLACK ELK ADDITION.—Certain lands

16 in the Black Hills National Forest of South Da17 kota totaling approximately 10,000 acres known

18 as the ‘‘Black Elk Addition’’. Starting at the

19 southeast corner, the area boundary runs north

20 along FDR 753 and U.S. Highway Alt. 16,

21 then along SD 244 to the junction of Palmer

22 Creek Road, which serves generally as a north23 west limit. It then heads south from the junc24 tion of Highway 87–89, southeast along High-
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1 way 87, and east back to FDR 753. A corridor

2 of private land along FDR 345 is excluded.

3 (B) BLACK FOX AREA.—Certain lands in

4 the Black Hills National Forest of South Da5 kota totaling approximately 12,400 acres, lo6 cated in the upper reaches of the Rapid Creek

7 watershed known as the ‘‘Black Fox Area’’.

8 The area is roughly bounded by FDR 206 in

9 the north, the steep slopes north of Forest

10 Road 231 form the southern boundary and a

11 fork of Rapid Creek forms the western bound12 ary.

13 (C) BREAKNECK AREA.—Certain lands in

14 the Black Hills National Forest, South Dakota,

15 totaling 6,700 acres along the northeast edge of

16 the Black Hills in the vicinity of the Black Hills

17 National Cemetery and the Bureau of Land

18 Management’s Fort Meade Recreation Area

19 known as the ‘‘Breakneck Area’’. The area is

20 generally bounded by Forest Roads 139 and

21 169 on the north, west, and south. The eastern

22 and western boundaries are also demarked by

23 the ridge-crests dividing the watershed.

24 (D) PILGER MOUNTAIN AREA.—Certain

25 lands in the Black Hills National Forest of
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1 South Dakota, comprising approximately

2 12,600 acres, known as the ‘‘Pilger Mountain

3 Area’’ and located in the Elk Mountains on the

4 southwest edge of the Black Hills. This area is

5 roughly bounded by Forest Roads 318 and 319

6 on the east and northeast, Road 312 on the

7 north and northwest, and private land to the

8 southwest.

9 (E) PROPOSED NORBECK PRESERVE.—

10 Certain lands in the Black Hills National For11 est, South Dakota comprising 8,200 acres, lo12 cated adjacent to the Custer State Park and

13 Mount Rushmore National Monument generally

14 known as the ‘‘Proposed Norbeck Preserve’’.

15 (F) STAGEBARN CANYONS.—Certain lands

16 in the Black Hills National Forest, South Da17 kota, known as ‘‘Stagebarn Canyons’’, which

18 comprise approximately 7,300 acres located ap19 proximately 10 miles west of Rapid City.

20 (17) TENNESSEE.—

21 (A) BALD MOUNTAINS CLUSTER, TEN22 NESSEE AREAS.—Certain lands in the

23 Nolichucky and Unaka Ranger Districts of the

24 Cherokee National Forest, Cocke, Green, Wash25 ington, and Unicoi Counties, Tennessee, com-
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1 prising approximately 46,133 acres known as

2 the ‘‘Bald Mountains Cluster, Tennessee

3 Areas’’. This cluster is comprised of the follow4 ing parcels known as: Laurel Hollow Mountain,

5 Devil’s Backbone, Laurel Mountain, Walnut

6 Mountain, Wolf Creek, Meadow Creek Moun7 tain, Brush Creek Mountain, Paint Creek, Bald

8 Mountain and Sampson Mountain Extension.

9 These parcels are located near the towns of

10 Newport, Hot Springs, Greeneville, and Erwin.

11 (B) BIG FROG/COHUTTA CLUSTER.—Cer12 tain lands in the Cherokee National Forest,

13 Polk County, Tennessee, Ocoee, Hiwassee, and

14 Tennessee Ranger Districts, comprising ap15 proximately 28,800 acres known as the ‘‘Big

16 Frog/Cohutta Cluster’’. This cluster is com17 prised of the following parcels: Big Frog Exten18 sions, Little Frog Extensions, Smith Mountain

19 and Rock Creek. These parcels are located near

20 the towns of Copperhill, Ducktown, Turtletown,

21 and Benton.

22 (C) CITICO CREEK WATERSHED CLUS23 TER.—Certain lands in the Tellico Ranger Dis24 trict of the Cherokee National Forest, Monroe

25 County, Tennessee, comprising approximately
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1 14,256 acres known as the ‘‘Citico Creek Wa2 tershed Cluster, Tennessee Areas’’. This cluster

3 is comprised of the following parcels known as:

4 Flats Mountain, Miller Ridge, Cowcamp Ridge,

5 and Joyce Kilmer/Slickrock Extension. These

6 parcels are located near the town of Tellico

7 Plains.

8 (D) IRON MOUNTAINS CLUSTER.—Certain

9 lands in the Cherokee National Forest,

10 Watauga Ranger District, totaling approxi11 mately 58,090 acres known as the ‘‘Iron Moun12 tains Cluster’’. The cluster is comprised of the

13 following 8 parcels: Big Laurel Branch Addi14 tion, Hickory Flat Branch, Flint Mill, Lower

15 Iron Mountain, Upper Iron Mountain, London

16 Bridge, Beaverdam Creek, and Rodgers Ridge.

17 The cluster is located near the towns of Briston

18 and Elizabethtown, Sullivan and Johnson Coun19 ties, Tennessee.

20 (E) NORTHERN UNICOI MOUNTAINS CLUS21 TER.—Certain lands in the Tellico Ranger Dis22 trict of the Cherokee National Forest, Monroe

23 County, Tennessee, comprising approximately

24 30,453 acres known as the ‘‘Northern Unicoi

25 Mountains Cluster’’. This cluster is comprised
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1 of the following parcels known as: Bald River

2 Gorge Extension, Upper Bald River, Sycamore

3 Creek, and Brushy Ridge. These parcels are lo4 cated near the town of Tellico Plains.

5 (F) ROAN MOUNTAIN CLUSTER.—Certain

6 lands in the Cherokee National Forest, Unaka

7 and Watauga Ranger Districts, totaling ap8 proximately 23,725 acres known as the ‘‘Roan

9 Mountain Cluster’’. The cluster is comprised of

10 the following seven parcels: Strawberry Moun11 tain, Highlands of Roan, Ripshin Ridge, Doe

12 River Gorge Scenic Area, White Rocks Moun13 tain, Slide Hollow and Watauga Reserve. The

14 cluster is located approximately eight to twenty

15 miles south of the town of Elizabethtown,

16 Unicoi, Cater, and Johnson Counties, Ten17 nessee.

18 (G) SOUTHERN UNICOI MOUNTAINS CLUS19 TER.—Certain lands in the Hiwassee Ranger

20 District of the Cherokee National Forest, Polk,

21 Monroe, and McMinn Counties, Tennessee,

22 comprising approximately 11,251 acres known

23 as the ‘‘Southern Unicoi Mountains Cluster’’.

24 This cluster is comprised of the following par25 cels known as: Gee Creek Extension, Coker
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1 Creek, and Buck Bald. These parcels are lo2 cated near the towns of Etowah, Benton, and

3 Turtletown.

4 (H) UNAKA MOUNTAINS CLUSTER, TEN5 NESSEE AREAS.—Certain lands in the Cherokee

6 National Forest, Unaka Ranger District, total7 ing approximately 15,669 acres known as the

8 ‘‘Unaka Mountains Cluster, Tennessee Areas’’.

9 The cluster is comprised of the Nolichucky,

10 Unaka Mountain Extension and Stone Moun11 tain parcels. The cluster is located approxi12 mately eight miles from Erwin, Unicoi and

13 Carter Counties, Tennessee.

14 (18) TEXAS: LONGLEAF RIDGE.—Certain lands

15 in the Angelina National Forest, Jasper and

16 Angelina Counties, Texas, comprising approximately

17 30,000 acres bounded on the west by Upland Island

18 Wilderness Area, on the south by the Neches River,

19 and on the northeast by Sam Rayburn Reservoir,

20 generally known as ‘‘Longleaf Ridge’’.

21 (19) VERMONT.—

22 (A) GLASTONBURY AREA.—Certain lands

23 in the Green Mountain National Forest in Ver24 mont, which comprise approximately 35,000

25 acres, located 3 miles northeast of Bennington,
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1 bounded by Kelly Stand Road to the north,

2 Forest Road 71 to the east, Route 9 to the

3 south, and Route 7 to the west, generally

4 known as the ‘‘Glastonbury Area’’.

5 (B) LAMB BROOK.—Certain lands in the

6 Green Mountain National Forest in Vermont,

7 which comprise approximately 5,500 acres, lo8 cated 3 miles southwest of Wilmington, bound9 ed on the west and south by Routes 8 and 100,

10 on the north by Route 9, and on the east by

11 New England Power Company lands, generally

12 known as ‘‘Lamb Brook’’.

13 (20) WYOMING: SAND CREEK AREA.—Certain

14 lands in the Black Hills National Forest totaling ap15 proximately 8,300 acres known as the ‘‘Sand Creek

16 Area’’, located in Crook County, Wyoming. This

17 area is situated in the far northwest corner of the

18 Black Hills. Beginning in the northwest corner and

19 proceeding counterclockwise, the boundary for the

20 Sand Creek Area roughly follows Forest Roads 863,

21 866, 866.1B, a line linking 866.1B to 802.1B,

22 802.1B, 802.1, an unnamed road, Spotted Tail

23 Creek (excluding all private lands), 8219.1, a line

24 connecting 829.1 with 864, 852.1 and a line con25 necting 852.1 with 863.
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1 SEC. 203. RESTRICTIONS ON MANAGEMENT ACTIVITIES IN

2 NORTHWEST ANCIENT FORESTS, ROADLESS

3 AREAS, AND SPECIAL AREAS.

4 (a) RESTRICTION OF MANAGEMENT ACTIVITIES IN

5 NORTHWEST ANCIENT FORESTS.—With respect to North6 west Ancient Forests on Federal lands, the following pro7 hibitions shall apply:

8 (1) No roads shall be constructed or recon9 structed.

10 (2) No extractive logging shall be permitted.

11 (3) No improvements for the purpose of extrac12 tive logging shall be permitted.

13 (b) RESTRICTION OF MANAGEMENT ACTIVITIES IN

14 ROADLESS AREAS.—With respect to roadless areas on

15 Federal lands, the following prohibitions shall apply:

16 (1) No roads shall be constructed or recon17 structed.

18 (2) No extractive logging shall be permitted.

19 (3) No improvements for the purpose of extrac20 tive logging shall be permitted.

21 (c) RESTRICTION OF MANAGEMENT ACTIVITIES IN

22 SPECIAL AREAS.—With respect to Special Areas on Fed23 eral lands, the following prohibitions shall apply:

24 (1) No roads shall be constructed or recon25 structed.

26 (2) No extractive logging shall be permitted.
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1 (3) No improvements for the purpose of extrac2 tive logging shall be permitted.

3 (d) RULE OF CONSTRUCTION REGARDING RECON4 STRUCTION OF ROADS.—The restriction on the recon5 struction of roads on Federal lands in a Northwest An6 cient Forest, roadless area, or Special Area does not pro7 hibit the maintenance or repair of a public highway, recre8 ation road, road accessing private inholdings, or other

9 road within the Northwest Ancient Forest, roadless area,

10 or Special Area unless the Secretary concerned determines

11 that the road was abandoned before the date of the enact12 ment of this Act.

13 (e) ENFORCEMENT.—

14 (1) PURPOSE AND FINDING.—The purpose of

15 this subsection is to foster the widest possible en16 forcement of this section. Congress finds that all

17 people of the United States are injured by actions on

18 lands to which this section applies.

19 (2) FEDERAL ENFORCEMENT.—The provisions

20 of this section shall be enforced by the Secretary

21 concerned and the Attorney General of the United

22 States against any person who violates this section.

23 (3) CITIZEN SUITS.—Any citizen harmed by a

24 violation of this Act may enforce any provision of

25 this section by bringing an action for declaratory
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1 judgment, temporary restraining order, injunction,

2 civil penalty, and other remedies against any alleged

3 violator including the United States, in any district

4 court of the United States.

5 (4) STANDARD OF PROOF.—The standard of

6 proof in all actions brought under this subsection

7 shall be the preponderance of the evidence and the

8 trial shall be de novo.

9 (5) PENALTY.—The court, after determining a

10 violation of this section, shall impose a penalty of

11 not less than $5,000 and not more than $50,000 per

12 violation, shall issue one or more injunctions and

13 other equitable relief, and shall award to the plain14 tiffs reasonable costs of litigation including attor15 ney’s fees, witness fees and other necessary ex16 penses. The penalty shall be paid by the violator or

17 violators designated by the court. If that violator is

18 the United States of America or a Federal agency

19 or officer, the penalty shall be paid to the Judgment

20 Fund, as provided by Congress under section 1304

21 of title 31, United States Code. The penalty shall be

22 paid from the Judgment Fund within 40 days after

23 judgment to the person or persons designated to re24 ceive it, to be applied in protecting or restoring na25 tive biodiversity in or adjoining Federal land. Any
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1 award of costs of litigation and any award of attor2 ney fees shall be paid within 40 days after judg3 ment.

4 (6) WAIVER.—The United States, including its

5 agents and employees waives its sovereign immunity

6 in all respects in all actions under this subsection

7 subsection. No notice is required to enforce this sub8 section.

9 SEC. 204. EFFECT ON PRIVATE INHOLDINGS.

10 Nothing in this title shall be construed to alter or

11 affect the use of private lands located within a Northwest

12 Ancient Forest, roadless area, or Special Area identified

13 by this title.

Æ