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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4032 Introduced in House (IH)]

104th CONGRESS
  2d Session
                                H. R. 4032

To promote balance between natural resources, economic development, and 
     job retention in Northwest California, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 5, 1996

  Mr. Riggs introduced the following bill; which was referred to the 
      Committee on Resources, and in addition to the Committee on 
Agriculture, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
To promote balance between natural resources, economic development, and 
     job retention in Northwest California, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Northwest 
California Forest Health and Economic Recovery Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
  TITLE I--DESIGNATION OF WILDERNESS AREAS IN THE KING RANGE NATIONAL 
 CONSERVATION AREA TO BE ADMINISTERED BY THE BUREAU OF LAND MANAGEMENT

Sec. 101. Short title.
Sec. 102. Findings and purpose.
Sec. 103. Designation of wilderness.
Sec. 104. Map and legal description.
Sec. 105. Wilderness review.
Sec. 106. Administration of wilderness areas.
Sec. 107. Future acquisitions.
Sec. 108. Disposition under mining laws.
Sec. 109. Traditional cultural and religious purposes.
               TITLE II--ACQUISITION OF HEADWATERS FOREST

Sec. 201. Short title.
Sec. 202. Findings and purpose.
Sec. 203. Definitions.
Sec. 204. Authorization of acquisition.
Sec. 205. Manner of acquisition.
Sec. 206. Property to be received by Owners.
Sec. 207. Payments to local governments.
Sec. 208. Wilderness designation.
Sec. 209. Miscellaneous provisions.
            TITLE III--SMITH RIVER NATIONAL RECREATION AREA

Sec. 301. Availability of timber for harvest in prescribed timber 
                            management area.
    TITLE IV--CONTRACTING OUT AND ADAPTIVE MANAGEMENT DEMONSTRATION

Sec. 401. Demonstration program at Six Rivers National Forest.

  TITLE I--DESIGNATION OF WILDERNESS AREAS IN THE KING RANGE NATIONAL 
 CONSERVATION AREA TO BE ADMINISTERED BY THE BUREAU OF LAND MANAGEMENT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``King Range Wilderness Act of 
1996''.

SEC. 102. FINDINGS AND PURPOSE.

    The Congress finds the following:
            (1) The public lands within the King Range National 
        Conservation Area are a unique public resource encompassing a 
        spectacular meeting of land and sea.
            (2) These rugged wildlands include 26 miles of untouched 
        seashore, the longest stretch of pristine beach along 
        California's Pacific Coast.
            (3) The extremely steep and rocky terrain, rising 
        dramatically from sea level to 4,000 feet within a distance of 
        only three miles, has historically formed a natural obstacle to 
        transportation and settlement.
            (4) These unique natural values have long been recognized, 
        culminating in the King Range being designated the first 
        National Conservation Area in the United States.
            (5) In 1991, after extensive public involvement and 
        support, the Bureau of Land Management recommended that 
        approximately 24,660 acres of the area be included in the 
        National Wilderness Preservation System and that the remainder 
        continue to be protected as a National Conservation Area.

SEC. 103. DESIGNATION OF WILDERNESS.

    To provide an enduring resource of wildlands for the benefit of the 
American people and in furtherance of the purposes of the Wilderness 
Act, certain public lands, including the rocks and islands lying 
directly offshore from these lands, located in the Arcata Resource Area 
of the Bureau of Land Management, California, comprising approximately 
24,660 acres, as generally depicted on a map entitled ``King Range 
Wilderness--Proposed'' and dated June 7, 1995, and which shall be known 
as the King Range Wilderness, are hereby designated as wilderness, and 
therefore, as a component of the National Wilderness Preservation 
System.

SEC. 104. MAP AND LEGAL DESCRIPTION.

    As soon as practicable after enactment of this Act, the Secretary 
of the Interior shall file a map and a legal description for the area 
designated as wilderness by this title with the Committee on Energy and 
Natural Resources of the Senate and the Committee on Resources of the 
House of Representatives. Such map and legal description shall have the 
same force and effect as if included in this Act, except that 
correction of clerical and cartographic errors in each such legal 
description and map may be made. Such map and legal description shall 
be on file and available for public inspection in the Offices of the 
Director and California State Director, Bureau of Land Management, 
Department of the Interior.

SEC. 105. WILDERNESS REVIEW.

    The Congress hereby finds and directs that all public lands in the 
King Range National Conservation Area managed by the Bureau of Land 
Management have been adequately studied for wilderness designation 
pursuant to sections 202 and 603 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1712, 1782). Those lands within the 
King Range National Conservation Area that are managed by the Bureau of 
Land Management and are not designated as wilderness by this title are 
no longer subject to the requirements contained in section 603(c) of 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)) 
pertaining to the management of wilderness study areas in a manner that 
does not impair the suitability of the areas for preservation as 
wilderness.

SEC. 106. ADMINISTRATION OF WILDERNESS AREAS.

    Subject to valid existing rights, the area designated as wilderness 
by this title shall be administered in accordance with the provisions 
of the Wilderness Act (16 U.S.C. 1131 et seq.) and pursuant to the 
rules and regulations promulgated in implementation thereof.

SEC. 107. FUTURE ACQUISITIONS.

    Any lands within the boundaries of the area designated as 
wilderness by this title that are acquired by the United States after 
the date of the enactment of this Act shall become part of the 
wilderness area located and shall be managed in accordance with all the 
provisions of this title and other laws applicable to such wilderness 
area.

SEC. 108. DISPOSITION UNDER MINING LAWS.

    Except as otherwise provided in this title, and subject to valid 
existing rights, all Federal lands designated as wilderness by this 
title and all lands within areas designated as wilderness by this title 
which are acquired by the United States after the date of the enactment 
of this Act are hereby withdrawn from all forms of entry, 
appropriation, or disposal under the public lands laws, including the 
mining, mineral leasing, geothermal leasing, and material sales laws.

SEC. 109. TRADITIONAL CULTURAL AND RELIGIOUS PURPOSES.

    In recognition of the past use of portions of the area designated 
as wilderness by this title by Native Americans for traditional 
cultural and religious purposes, the Secretary shall assure access to 
the wilderness areas by Native Americans for traditional cultural and 
religious purposes.

               TITLE II--ACQUISITION OF HEADWATERS FOREST

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Headwaters Forest Acquisition and 
Protection Act''.

SEC. 202. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that:
            (1) The Headwaters Forest, consisting of approximately 
        3,000 acres and located in Humboldt County, California, is the 
        largest grove of old growth coastal redwoods remaining in 
        private ownership.
            (2) The Owners of the Headwaters Forest and additional 
        acres are willing to consent to the public acquisition of such 
        acreage for just compensation upon and subject to the terms and 
        conditions of this title.
            (3) Public acquisition of the Headwaters Forest, and an 
        additional area not to exceed 1,700 acres, upon and subject to 
        the terms and conditions of this title, is likely to create 
        employment opportunities in Humboldt County, California and 
        neighboring areas, eliminate the necessity for continued costly 
        and protracted litigation, contribute to the preservation of 
        biological diversity, and may enhance the survival of certain 
        species by maintenance of habitats.
            (4) The Headwaters Forest is zoned for commercial timber 
        production under the laws of the State of California and 
        Humboldt County. This zoning is consistent with the historical 
        use of this and surrounding property. The California Timber 
        Production Act of 1982 mandates that land under this zoning 
        shall be managed for maximum sustainable production of forest 
        products.
            (5) The State of California has the most stringent forestry 
        practice regulations in the United States. The Owners are 
        entitled to lawful use of their property under those 
        regulations, and all their timberlands are managed in 
        accordance with the same rules.
            (6) Since February 1990, the Owners have refrained from 
        harvesting the Headwaters Forest in order to avoid further 
        aggravating public controversy.
    (b) Purpose.--The purpose of this title is to provide for the 
public acquisition of the Headwaters Forest, and up to 1,700 additional 
acres, to provide for the protection of Headwaters Forest by 
designating it as wilderness, and to designate Headwaters Forest as a 
National Biological Diversity Reserve.

SEC. 203. DEFINITIONS.

    As used in this title--
            (1) the term ``Headwaters Forest'' means the area 
        consisting of approximately 3,000 acres and located in Humboldt 
        County, California, containing the largest grove of virgin old 
        growth coastal redwoods remaining in private ownership;
            (2) the term ``Headwaters Forest Addition'' means the lands 
        acquired by the Secretary under section 204(a);
            (3) the term ``Owners'' means the Pacific Lumber Company 
        and Corporations owned and controlled by the Pacific Lumber 
        Company;
            (4) the term ``Acquisition Agreement'' means the agreement 
        negotiated under section 205 between the Secretary and the 
        Owners; and
            (5) the term ``Secretary'' means the Secretary of the 
        Interior.

SEC. 204. AUTHORIZATION OF ACQUISITION.

    (a) In General.--(1) Upon and subject to the terms and conditions 
of this title, the Secretary shall acquire from the Owners the lands 
comprising approximately 4,700 acres, as generally depicted on the map 
entitled ``Headwaters Forest Addition--Proposed''.
    (2) Upon the acquisition of the Headwaters Forest Addition, the 
Secretary shall--
                    (A) refrain from designating any other timberland 
                owned by the Owners in Humboldt County, California, as 
                critical habitat under the Endangered Species Act of 
                1973 (16 U.S.C. 1531 et seq.), unless payment is made 
                to the Owners to adequately compensate the Owners for 
                any additional restrictions resulting from the 
                designation on otherwise lawful use of the Owner's 
                property; and
                    (2) give the Owners credit for the habitat value of 
                the Headwaters Forest Addition when issuing incidental 
                take permits under that Act.
    (3) The designation of the Headwaters Forest Addition as wilderness 
under section 208 shall be taken into account for the purposes of 
planning for Federal lands in Humboldt County, California, under the 
Forest and Rangeland Renewable Resources Planning Act of 1974 and the 
National Environmental Policy Act of 1969.
    (4) Nothing in this title is intended or shall be construed to 
evidence any intention by the Congress to authorize future acquisition 
of lands by the Secretary for the purpose of providing additional 
buffer area for the Headwaters Forest or Headwaters Forest Addition.
    (b) Certain Consents.--Lands and interests in lands within the 
Headwaters Forest Addition may not be acquired by the Secretary 
pursuant to this title without the consent of the Owners.
    (c) Donations.--Notwithstanding any other provision of law, the 
Secretary may accept and expend donations of funds, property, or 
services from the State of California for the purpose of acquiring the 
Headwaters Forest Addition under this title.

SEC. 205. MANNER OF ACQUISITION.

    (a) In General.--The Secretary shall forthwith enter into 
negotiations with the Owners for a written agreement providing for the 
acquisition of the Headwaters Forest Addition at its appraised fair 
market value in exchange for--
            (1) the land containing harvestable timber and the 
        marketable timber harvesting rights referred to in subsections 
        (b) and (c) of section 206; and
            (2) the other property referred to in section 206(d), but 
        only to the extent the appraised fair market value of the 
        Headwaters Forest Addition exceeds the appraised fair market 
        value of the land containing harvestable timber and the 
        marketable timber harvesting rights referred to in subsections 
        (b) and (c) of section 206.
    (b) Expedited Consideration of Court Challenges.--Any court 
challenge to the execution and delivery of the Acquisition Agreement by 
the Secretary, the appraisals and determinations made under this title, 
or the performance of such Acquisition Agreement by the Secretary in 
accordance with its terms shall be advanced on the docket of the court 
in which the challenge is brought and expedited to the greatest extent 
practical. The court shall require the plaintiffs to post a bond 
providing for compensation to the Owners for losses incurred if the 
plaintiffs do not prevail. The court is also authorized to award 
reasonable attorneys' fees to the prevailing party.
    (c) Deadline for Reaching Agreement.--(1) The authority of the 
Secretary to acquire lands or interests in lands pursuant to this title 
shall expire with respect to any portion of the Headwaters Forest 
Addition the acquisition of which is not consummated within 36 months 
following the date of the enactment of this Act, unless extended by 
Court order.
    (2) If the exchange is not consummated before the deadline 
specified in paragraph (1), nothing in this title shall be construed as 
limiting any activity taken by the Owners in the Headwaters Forest 
otherwise permitted under Federal or State law.
    (3) Until the Headwaters Forest Addition is acquired pursuant to 
this title within the time specified in paragraph (1) (including any 
extension under paragraph (1)), the Owners and their designees shall be 
entitled to the full and lawful use and enjoyment thereof and nothing 
in this title shall be construed--
            (A) to impose any limitation upon any otherwise lawful use 
        of such lands;
            (B) as authority to defer the submission, review, approval, 
        or implementation of any timber harvest or similar plan with 
        respect to any portion of such lands; or
            (C) to grant a cause of action against all or any of the 
        Owners thereof or their designees for engaging in the lawful 
        use of such lands.
    (d) Special Rules.--The following rules shall apply with respect to 
the negotiation, execution, delivery and consummation of the 
Acquisition Agreement pursuant to this title:
            (1) The ``appraised fair market values'' of the Headwaters 
        Forest Addition and of the land containing harvestable timber 
        referred to in section 206(b) and the marketable timber 
        harvesting rights referred to in section 206(c) shall be 
        determined as of the date of the enactment of this Act by 
        independent appraisers, each of whom shall be qualified and 
        experienced in appraising timberland. The Secretary and the 
        Owners shall each appoint one such appraiser within 30 days 
        after the date of the enactment of this Act and the two 
        appraisers so selected shall mutually select the third 
        appraiser within 30 days thereafter. If the fair market values 
        of any property or right as determined by the three appraisers 
        are not the same, the appraised fair market value of such 
        property or right shall be deemed to be equal to the average of 
        the appraisals.
            (2) The ``fair market values'' of the Headwaters Forest 
        Addition, and of the land containing harvestable timber 
        referred to in section 206(b) and the marketable timber 
        harvesting rights referred to in section 206(c), shall, as set 
        forth in the Uniform Standards for Federal Land Acquisitions, 
        be equal to the amount of cash, or in terms reasonably 
        equivalent to cash, for which in all probability the property 
        or rights would be sold by a knowledgeable owner who is willing 
        but not obligated to sell to a knowledgeable purchaser who is 
        willing but not obligated to buy. The fair market value of any 
        property referred to in section 206(d) shall be as mutually 
determined by the Secretary and the Owners. If they cannot agree, they 
shall utilize an appraisal process similar to that described in 
paragraph (1).
            (3) The authority of the Secretary to acquire lands and 
        interests in lands pursuant to this title is expressly limited 
        to the 4,700 acres comprising the Headwaters Forest Addition, 
        and, to reduce the cost of acquisition, the Secretary may, in 
        his sole discretion--
                    (A) decline to purchase any portion of the 1,700 
                additional acres surrounding the Headwaters Forest; and
                    (B) allow legal uses to be undertaken or continued 
                on such 1,700 acres,
        if the Secretary determines that such failure to purchase or 
        use, as the case may be, will not result in significant 
        ecological damage to the Headwaters Forest.
            (4) The Acquisition Agreement shall give the Secretary 
        adequate assurances of reasonable and perpetual access by the 
        United States, its designated representatives, and the public 
        to the Headwaters Forest through other lands of the Owners, 
        upon reasonable terms and conditions as detailed in the 
        Acquisition Agreement. Such reasonable access shall not 
        interfere with the established legal uses or business 
        operations of the Owners and others on lands not acquired by 
        the United States pursuant to this title.
            (5) The Acquisition Agreement shall allow for the Owners' 
        continued access to and commercial operation of two gravel 
        quarries in the 1,700 acres, unless the Owners are adequately 
        compensated for forgoing such access and commercial operation.
            (6) The Acquisition Agreement shall allow for the orderly 
        termination of operations on lands acquired by the United 
        States pursuant to this title and for the removal by the Owners 
        and others of their equipment, facilities, and personal 
        property therefrom.
            (7) The Acquisition Agreement shall give the Owners 
        assurances that the Headwaters Forest shall be managed by the 
        United States so as not to interfere with the lawful conduct of 
        business operations, including timber harvesting on privately 
        owned lands adjacent to the Headwaters Forest.
            (8) The Acquisition Agreement shall provide for copies 
        thereof to be supplied promptly to the Committee on 
        Agriculture, the Committee on Appropriations and the Committee 
        on Resources of the House of Representatives and the Committee 
        on Agriculture, Nutrition, and Forestry, the Committee on 
        Appropriations, and the Committee on Energy and Natural 
        Resources of the Senate.
            (9) If the Acquisition Agreement provides for the transfer 
        to the Owners of property described in section 206(d), such 
        Agreement shall provide--
                    (A) for a closing date, which shall be the date for 
                consummation of the transactions provided for by this 
                title and by the Acquisition Agreement and which shall 
                be at least 45 days after the date on which the 
                Secretary and the Owners execute the Acquisition 
                Agreement and at least 45 days after the date on which 
                the Acquisition Agreement is submitted to the 
                committees specified in paragraph (8); and
                    (B) for termination of the Secretary's obligations 
                under the Acquisition Agreement if legislation 
                disapproving the Acquisition Agreement is enacted on or 
                before the date on which the transactions contemplated 
                by the Acquisition Agreement are consummated.

SEC. 206. PROPERTY TO BE RECEIVED BY OWNERS.

    (a) In General.--Effective upon and simultaneous with the 
acquisition of the Headwaters Forest by the Secretary pursuant to this 
title, there shall be vested in the Owners the land containing 
harvestable timber, the marketable timber harvesting rights, and the 
other property to which the Owners are entitled under the Acquisition 
Agreement.
    (b) Area of Priority.--(1) In determining which property and 
property rights to transfer to the Owners under this title, the 
Secretary shall give priority to land containing harvestable timber 
held by the Secretary located in Humboldt County, California, and north 
of the baseline of Township 3 South, but excluding any portion of the 
King Range National Recreation Area.
    (2) The rights described in subsection (c) of this section and the 
other property described in subsection (d) of this section shall only 
be transferred to the extent that the value of the Headwaters Forest 
Addition exceeds the value of land described in this subsection.
    (c) Marketable Timber Harvesting Rights.--(1) There shall be 
transferred to the Owners such timber harvesting rights on lands 
administered by the Bureau of Land Management in California as the 
Secretary determines, within 60 days following the date of the 
enactment of this Act, to be appropriate. In making the determination 
required by the preceding sentence, the Secretary shall reserve 
appropriate areas for logging by persons other than the Owners.
    (2) In no event shall the Secretary designate for transfer any land 
under subsection (b) of this section or rights under this subsection 
unless the Secretary determines after reasonable inquiry that the 
harvesting of the timber represented by such rights will be neither 
denied nor delayed by reason of any law or rule of law, or any judicial 
or administrative interpretation thereof, of the United States, the 
State of California or any subdivision thereof with respect to habitat, 
endangered species, or similar matters and so certifies in writing to 
the Owners. In addition, the Secretary shall take steps to assure the 
Owners have right of access to the land.
    (3) Any timber harvesting rights transferred to the Owners pursuant 
to this subsection shall be in such form as the Owners may reasonably 
request to permit the Owners to sell or otherwise transfer such rights 
upon their receipt.
    (d) Other Property.--(1) To the extent the amount of the appraised 
fair market value of the Headwaters Forest Addition exceeds the amount 
of the appraised fair market value of the land containing harvestable 
timber and the marketable timber harvesting rights referred to in 
subsections (b) and (c), as are actually received by the Owners, there 
shall be transferred to the Owners such other property of the United 
States determined by the Secretary and the Owners to be both suitable 
for inclusion in the exchange and to have a fair market value at least 
equal to the amount of such excess.
    (2) To facilitate consummation of the exchanges contemplated by 
this title, the Secretary shall, within 60 days after the date of the 
enactment of this Act, provide to the Owners a list of the properties 
from which the Secretary will select any properties ultimately to be 
transferred to the Owners pursuant to this subsection. Such properties 
shall in no event be limited to properties under the administrative 
jurisdiction of the Secretary on the date of the enactment of this Act.
    (3) In selecting properties actually to be transferred to the 
Owners pursuant to this subsection, the Secretary shall give priority 
to those properties designated by the Owners within 60 days following 
the receipt by the Owners of the list of properties compiled by the 
Secretary pursuant to this subsection.
    (e) Special Rule for Federal Transfers.--For purposes of making an 
exchange under this title, property under the jurisdiction of any other 
department, agency, or instrumentality of the United States may be 
transferred, subject to any advance approval of the transfer otherwise 
required by law, to the administrative jurisdiction of the Secretary if 
the Secretary identifies the property as suitable for use in making 
such exchange. To facilitate approval of a transfer of property under 
this subsection, the Secretary shall promptly submit to the Committees 
referred to in section 205(d)(8) proposed legislation providing for the 
approvals otherwise required in connection with any such proposed 
transfer. The transfer of any property under this subsection shall be 
made without compensation to the transferring department, agency, or 
instrumentality.

SEC. 207. PAYMENTS TO LOCAL GOVERNMENTS.

    (a) Payment in Lieu of Taxes.--Solely for purposes of payments made 
pursuant to chapter 69 of title 31 of the United States Code, all lands 
comprising Headwaters Forest Addition to which the Secretary takes 
ownership pursuant to this title shall be deemed to have been acquired 
for the purposes specified in section 6904(a) of such title 31.
    (b) 10-Year Payment.--(1) Subject to annual appropriations and the 
provisions of subsection (c), for a period of 10 years after 
acquisition by the United States of lands acquired by the Secretary 
pursuant to this title, the Secretary, with respect to such acquired 
lands, shall make annual payments to Humboldt County in the State of 
California in an amount equal to the State of California Timber Yield 
Tax revenues payable under the California Revenue and Taxation Code 
(sec. 38101 et seq.) in effect as of the date of enactment of this Act 
that would have been paid with respect to such lands if the lands had 
not been acquired by the United States, as determined by the Secretary 
pursuant to this subsection.
    (2) The Secretary, in consultation with the Humboldt County, 
California, assessor, shall determine the amounts to be paid pursuant 
to paragraph (1) of this subsection based on consideration of a variety 
of factors including, but not limited to--
            (A) timber actually sold in the subject year from 
        comparable commercial forest lands of similar soil type, slope 
        and such determination of appropriate timber harvest levels,
            (B) comparable timber size class, age, and quality,
            (C) market conditions,
            (D) all applicable Federal, State, and local laws and 
        regulations, and
            (E) the goal of sustainable, even-flow harvest or renewable 
        timber resources.
    (c) California Timber Yield Tax.--The amount of State of California 
Timber Yield Tax payments paid to Humboldt County in any year pursuant 
to the laws of California for timber sold from lands acquired under 
this title shall be deducted from the sums to be paid to Humboldt 
County in that year under subsection (b).

SEC. 208. WILDERNESS DESIGNATION.

    (a) Designation.--In furtherance of the purposes of the Wilderness 
Act (16 U.S.C. 1131-1136), effective upon acquisition under section 
204, lands in the State of California which are within the areas 
generally depicted on the map referred to in section 204(a)(1) as the 
``Headwaters Forest Wilderness--Proposed'' are designated as wilderness 
and therefore as a component of the National Wilderness Preservation 
System. Such lands shall be known as the Headwaters Forest Wilderness.
    (b) Map and Description.--As soon as practicable after the 
inclusion of any lands in the Headwaters Forest Wilderness, the 
Secretary shall file a map and a legal description of the area so 
included with the Committee on Resources of the House of 
Representatives and with the Committee on Energy and Natural Resources 
of the Senate. The Secretary may correct clerical and typographical 
errors in such legal description and such map. Such map and legal 
description shall be on file and available for public inspection in the 
offices of the California State Director of the Bureau of Land 
Management, and in the offices of the Ukiah District Manager of the 
Bureau of Land Management.
    (c) Administration.--Subject to valid existing rights, the 
Secretary, acting through the Director of the Bureau of Land 
Management, shall administer the lands designated as wilderness under 
subsection (a) in accordance with the provisions of the Wilderness Act 
governing areas designated by that Act as wilderness, except that any 
reference in such provisions to the effective date of the Wilderness 
Act (or any similar reference) shall be deemed to be a reference to the 
date of acquisition of such lands under section 204 of this Act.
    (d) State Authority Over Fish and Wildlife.--As provided in section 
4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this 
Act shall be construed as affecting the jurisdiction or 
responsibilities of the State of California with respect to wildlife 
and fish in any areas designated by this Act as wilderness.

SEC. 209. MISCELLANEOUS PROVISIONS.

    (a) Donated Property.--The Secretary is authorized to accept 
donations of property for use pursuant to section 205 in acquiring the 
Headwaters Forest Addition. Notwithstanding any other provision of law, 
the Secretary may convey such property to the Owners and such property 
shall be available for such purposes without further appropriation and 
without fiscal year limitation.
    (b) Buffer Zones.--(1) The Congress does not intend that 
designation of any area as wilderness under section 208 lead to the 
creation of protective perimeters or buffer zones around the wilderness 
area. The fact that nonwilderness activities or uses can be seen or 
heard from areas within a wilderness shall not, of itself, preclude 
such activities or uses up to the boundary of the wilderness area.
    (2) Nothing in this title shall lead to or result in the creation 
of protective perimeters or buffer zones in privately owned timberlands 
around or adjacent to the Headwaters Forest Addition which are not 
acquired pursuant to this title.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to defray the costs of the 
United States in participating in the transactions authorized by this 
title.

            TITLE III--SMITH RIVER NATIONAL RECREATION AREA

SEC. 301. AVAILABILITY OF TIMBER FOR HARVEST IN PRESCRIBED TIMBER 
              MANAGEMENT AREA.

    (a) Annual Sale Amounts.--In the case of the Smith River National 
Recreation Area established by section 4 of the Smith River National 
Recreation Area Act (16 U.S.C. 460bbb-2), the amount of timber offered 
for sale each year from the prescribed timber management area 
identified in section 5(b)(2)(G) of such Act (16 U.S.C. 460bbb-
3(b)(2)(G)) shall be between 2,000,000 and 5,000,000 board feet.
    (b) Effect of Insufficient Available Timber.--In any year in which 
the Supervisor of the Six Rivers National Forest determines that 
insufficient timber is available in the prescribed timber management 
area to maintain sustained yield levels to meet the target specified in 
subsection (a), the Supervisor may offer additional timber for sale 
from other areas of the Smith River National Recreation Area so as to 
meet the target, except that any such sale must be otherwise consistent 
with the Smith River National Recreation Area Act.
    (c) Protection of Species Habitat.--Administration of the other 
seven management areas of the Smith River National Recreation Area, as 
identified in section 5(b)(2) of the Smith River National Recreation 
Area Act (16 U.S.C. 460bbb-3(b)(2)), in a manner consistent with the 
land and resource management plan for the Six Rivers National Forest 
shall be deemed to be sufficient protection of species habitat for the 
purposes of the Forest and Rangeland Renewable Resources Planning Act 
of 1974 (16 U.S.C. 1600 et seq.) and the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.).

    TITLE IV--CONTRACTING OUT AND ADAPTIVE MANAGEMENT DEMONSTRATION

SEC. 401. DEMONSTRATION PROGRAM AT SIX RIVERS NATIONAL FOREST.

    (a) Demonstration Program Required.--During the 5-year period 
beginning on the date of the enactment of this Act, the Secretary of 
Agriculture, using funds specified in subsection (d), shall conduct a 
demonstration program at the Six Rivers National Forest in the State of 
California regarding the contracting out to the private sector of 
certain resource management activities and other activities described 
in subsection (b).
    (b) Elements of Demonstration Program.--The demonstration program 
conducted by the Secretary shall contain the following elements:
            (1) Contracting out to the private sector certain resource 
        management activities, both separately and on a turnkey basis, 
        including preparation of analyses required under Option 9 of 
        the Final Supplemental Environmental Impact Statement on 
        Management of Habitat for Late Successional and Old Growth 
        Forests Related Species within the Range of the Northern 
        Spotted Owl, preparation of environmental and watershed 
        assessments in connection with timber sales in the Six Rivers 
        National Forest, performance of resource field work, and 
        performance of forest plan implementation monitoring. In 
        contracting out such activities, to the greatest extent 
        practicable, the Secretary shall endeavor to utilize private 
        sector skills in communities adversely affected by reductions 
        in the timber sale program for the National Forest System.
            (2) Development and implementation of a research plan in 
        the Six Rivers National Forest in the area identified as the 
        Adaptive Management Area under Option 9 of the Final 
        Supplemental Environmental Impact Statement on Management of 
        Habitat for Late Successional and Old Growth Forests Related 
        Species within the Range of the Northern Spotted Owl, including 
        supporting environmental documents and monitoring, that 
        provides for the implementation and evaluation of controlled 
        silvicultural treatments in late successional and old growth 
        timber stands in the Six Rivers National Forest for the purpose 
        of testing the effect of partial-cut harvesting of late 
        successional and old growth timber on old growth dependent 
        species. To facilitate implementation of the plan, 
        administrators of the Six Rivers National Forest may work 
        cooperatively with other units of the National Forest System.
    (c) Annual Report.--During each year of the demonstration program, 
the Secretary shall submit to Congress an annual report and evaluation 
of the demonstration program.
    (d) Source of Funds.--Twenty-five percent of the funds generated 
from the sale of forest products in the Six Rivers National Forest, 
after payment of any amounts due to local governments, shall be 
deposited in the special fund established under section 3 of the Act of 
June 9, 1930 (16 U.S.C. 576b; commonly known as the Knutson-Vandenberg 
Act). Activities under subsections (b) and (c) of this section shall 
qualify for funding under such section 3 of the Act of June 9, 1930.
                                 <all>
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