II 

108TH CONGRESS 

1ST SESSION S. 1938

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 land, and to designate certain 

Federal land as Ancient forests, roadless areas, watershed protection 

areas, and special areas where logging and other intrusive activities 

are prohibited. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 24, 2003

Mr. CORZINE (for himself, Mr. SCHUMER, Mr. LAUTENBERG, and Mr. REED) 

introduced the following bill; which was read twice and referred to the 

Committee on Energy and Natural Resources 

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 land, and to designate certain Federal land 

as Ancient forests, roadless areas, watershed protection 

areas, and special areas where logging and other intrusive activities are prohibited.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•S 1938 IS 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Act to Save America’s Forests’’. 

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

5 this Act is as follows:

Sec. 1. Short title; table of contents. 

Sec. 2. Findings and purposes. 

TITLE I—LAND MANAGEMENT 

Sec. 101. Committee of scientists. 

Sec. 102. Continuous forest inventory. 

Sec. 103. Administration and management. 

Sec. 104. Conforming amendments. 

TITLE II—PROTECTION FOR ANCIENT FORESTS, ROADLESS 

AREAS, WATERSHED PROTECTION AREAS, AND SPECIAL AREAS 

Sec. 201. Findings. 

Sec. 202. Definitions. 

Sec. 203. Designation of special areas. 

Sec. 204. Restrictions on management activities in Ancient forests, roadless 

areas, watershed protection areas, and special areas. 

TITLE III—EFFECTIVE DATE 

Sec. 301. Effective date. 

Sec. 302. Effect on existing contracts. 

Sec. 303. Wilderness act exclusion.

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds that—

8 (1) Federal agencies that permit clearcutting 

9 and other forms of even-age logging operations in10 clude the Forest Service, the United States Fish and 

11 Wildlife Service, and the Bureau of Land Manage12 ment; 

13 (2) clearcutting and other forms of even-age 

14 logging operations cause substantial alterations in 

15 native biodiversity by— 
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•S 1938 IS 

1 (A) emphasizing the production of a lim2 ited number of commercial species, and often 

3 only a single species, of trees on each site; 

4 (B) manipulating the vegetation toward 

5 greater relative density of the commercial spe6 cies; 

7 (C) suppressing competing species; and 

8 (D) requiring the planting, on numerous 

9 sites, of a commercial strain of the species that 

10 reduces the relative diversity of other genetic 

11 strains of the species that were traditionally lo12 cated on the same sites; 

13 (3) clearcutting and other forms of even-age 

14 logging operations— 

15 (A) frequently lead to the death of immo16 bile species and the very young of mobile spe17 cies of wildlife; and 

18 (B) deplete the habitat of deep-forest spe19 cies of animals, including endangered species 

20 and threatened species; 

21 (4)(A) clearcutting and other forms of even-age 

22 logging operations— 

23 (i) expose the soil to direct sunlight and 

24 the impact of precipitation; 

25 (ii) disrupt the soil surface; 
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•S 1938 IS 

1 (iii) compact organic layers; and 

2 (iv) disrupt the run-off restraining capa3 bilities of roots and low-lying vegetation, result4 ing in soil erosion, the leaching of nutrients, a 

5 reduction in the biological content of soil, and 

6 the impoverishment of soil; and 

7 (B) all of the consequences described in sub8 paragraph (A) have a long-range deleterious effect 

9 on all land resources, including timber production; 

10 (5) clearcutting and other forms of even-age 

11 logging operations aggravate global climate change 

12 by— 

13 (A) decreasing the capability of the soil to 

14 retain carbon; and 

15 (B) during the critical periods of felling 

16 and site preparation, reducing the capacity of 

17 the biomass to process and to store carbon, 

18 with a resultant loss of stored carbon to the at19 mosphere; 

20 (6) clearcutting and other forms of even-age 

21 logging operations render soil increasingly sensitive 

22 to acid deposits by causing a decline of soil wood 

23 and coarse woody debris; 

24 (7) a decline of solid wood and coarse woody 

25 debris reduces the capacity of soil to retain water 
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•S 1938 IS 

1 and nutrients, which in turn increases soil heat and 

2 impairs soil’s ability to maintain protective carbon 

3 compounds on the soil surface; 

4 (8) clearcutting and other forms of even-age 

5 logging operations result in— 

6 (A) increased stream sedimentation and 

7 the silting of stream bottoms; 

8 (B) a decline in water quality; 

9 (C) the impairment of life cycles and 

10 spawning processes of aquatic life from benthic 

11 organisms to large fish; and 

12 (D) as a result of the effects described in 

13 subparagraphs (A) through (C), a depletion of 

14 the sport and commercial fisheries of the 

15 United States; 

16 (9) clearcutting and other forms of even-age 

17 management of Federal forests disrupt natural dis18 turbance regimes that are critical to ecosystem func19 tion; 

20 (10) clearcutting and other forms of even-age 

21 logging operations increase harmful edge effects, in22 cluding—

23 (A) blowdowns; 

24 (B) invasions by weed species; and 
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•S 1938 IS 

1 (C) heavier losses to predators and com2 petitors;

3 (11) by reducing the number of deep, canopied, 

4 variegated, permanent forests, clearcutting and other 

5 forms of even-age logging operations— 

6 (A) limit areas where the public can satisfy 

7 an expanding need for recreation; and 

8 (B) decrease the recreational value of land; 

9 (12) clearcutting and other forms of even-age 

10 logging operations replace forests described in para11 graph (11) with a surplus of clearings that grow into 

12 relatively impenetrable thickets of saplings, and then 

13 into monoculture tree plantations; 

14 (13) because of the harmful and, in many 

15 cases, irreversible, damage to forest species and for16 est ecosystems caused by logging of Ancient and 

17 roadless forests, clearcutting, and other forms of 

18 even-age management, it is important that these 

19 practices be halted based on the precautionary prin20 ciple; 

21 (14) human beings depend on native biological 

22 resources, including plants, animals, and micro-orga23 nisms—

24 (A) for food, medicine, shelter, and other 

25 important products; and 
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•S 1938 IS 

1 (B) as a source of intellectual and sci2 entific knowledge, recreation, and aesthetic 

3 pleasure; 

4 (15) alteration of native biodiversity has serious 

5 consequences for human welfare, as the United 

6 States irretrievably loses resources for research and 

7 agricultural, medicinal, and industrial development; 

8 (16) alteration of biodiversity in Federal forests 

9 adversely affects the functions of ecosystems and 

10 critical ecosystem processes that—

11 (A) moderate climate; 

12 (B) govern nutrient cycles and soil con13 servation and production; 

14 (C) control pests and diseases; and 

15 (D) degrade wastes and pollutants; 

16 (17)(A) clearcutting and other forms of even17 age management operations have significant delete18 rious effects on native biodiversity, by reducing habi19 tat and food for cavity-nesting birds and insectivores 

20 such as the 3-toed woodpecker and hairy woodpecker 

21 and for neotropical migratory bird species; and 

22 (B) the reduction in habitat and food supply 

23 could disrupt the lines of dependency among species 

24 and their food resources and thereby jeopardize crit-
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•S 1938 IS 

1 ical ecosystem function, including limiting outbreaks 

2 of destructive insect populations; for example—

3 (i) the 3-toed woodpecker requires clumped 

4 snags in spruce-fir forests, and 99 percent of its 

5 winter diet is composed of insects, primarily 

6 spruce beetles; and 

7 (ii) a 3-toed woodpecker can consume as 

8 much as 26 percent of the brood of an endemic 

9 population of spruce bark beetle and reduce 

10 brood survival of the population by 70 to 79 

11 percent; 

12 (18) the harm of clearcutting and other forms 

13 of even-age logging operations on the natural re14 sources of the United States and the quality of life 

15 of the people of the United States is substantial, se16 vere, and avoidable; 

17 (19) by substituting selection management, as 

18 required by this Act, for clearcutting and other 

19 forms of even-age logging operations, the Federal 

20 agencies involved with those logging operations 

21 would substantially reduce devastation to the envi22 ronment and improve the quality of life of the people 

23 of the United States; 

24 (20) selection management—
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1 (A) retains natural forest structure and 

2 function; 

3 (B) focuses on long-term rather than 

4 short-term management; 

5 (C) works with, rather than against, the 

6 checks and balances inherent in natural proc7 esses; and 

8 (D) permits the normal, natural processes 

9 in a forest to allow the forest to go through the 

10 natural stages of succession to develop a forest 

11 with old growth ecological functions; 

12 (21) by protecting native biodiversity, as re13 quired by this Act, Federal agencies would maintain 

14 vital native ecosystems and improve the quality of 

15 life of the people of the United States; 

16 (22) selection logging— 

17 (A) is more job intensive, and therefore 

18 provides more employment than clearcutting 

19 and other forms of even-age logging operations 

20 to manage the same quantity of timber produc21 tion; and 

22 (B) produces higher quality sawlogs than 

23 clearcutting and other forms of even-age log24 ging operations; and 
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1 (23) the judicial remedies available to enforce 

2 Federal forest laws are inadequate, and should be 

3 strengthened by providing for injunctions, declara4 tory judgments, statutory damages, and reasonable 

5 costs of suit. 

6 (b) PURPOSE.—The purpose of this Act is to conserve 

7 native biodiversity and protect all native ecosystems on all 

8 Federal land against losses that result from—

9 (1) clearcutting and other forms of even-age 

10 logging operations; and 

11 (2) logging in Ancient forests, roadless areas, 

12 watershed protection areas, and special areas. 

13 TITLE I—LAND MANAGEMENT 

14 SEC. 101. COMMITTEE OF SCIENTISTS. 

15 Section 6 of the Forest and Rangeland Renewable 

16 Resources Planning Act of 1974 (16 U.S.C. 1604) is 

17 amended by striking subsection (h) and inserting the fol18 lowing: 

19 ‘‘(h) COMMITTEE OF SCIENTISTS.—

20 ‘‘(1) IN GENERAL.—To carry out subsection 

21 (g), the Secretary shall appoint a committee com22 posed of scientists— 

23 ‘‘(A) who are not officers or employees of 

24 the Forest Service, of any other public entity,
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1 or of any entity engaged in whole or in part 

2 in the production of wood or wood products; 

3 ‘‘(B) not more than one-third of whom 

4 have contracted with or represented any entity 

5 described in subparagraph (A) during the 5-

6 year period ending on the date of the proposed 

7 appointment to the committee; and 

8 ‘‘(C) not more than one-third of whom are 

9 foresters. 

10 ‘‘(2) QUALIFICATIONS OF FORESTERS.—A for11 ester appointed to the committee shall be an indi12 vidual with—

13 ‘‘(A) extensive training in conservation bi14 ology; and 

15 ‘‘(B) field experience in selection manage16 ment. 

17 ‘‘(3) DUTIES.—The committee shall provide sci18 entific and technical advice and counsel on proposed 

19 guidelines and procedures and all other issues involv20 ing forestry and native biodiversity to promote an ef21 fective interdisciplinary approach to forestry and na22 tive biodiversity. 

23 ‘‘(4) TERMINATION.—The committee shall ter24 minate on the date that is 10 years after the date 

25 of enactment of the Act to Save America’s Forests.’’
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•S 1938 IS 

1 SEC. 102. CONTINUOUS FOREST INVENTORY. 

2 (a) IN GENERAL.—Not later than 2 years after the 

3 date of enactment of this Act, each of the Chief of the 

4 Forest Service, the Director of the United States Fish and 

5 Wildlife Service, and the Director of the Bureau of Land 

6 Management (referred to individually as an ‘‘agency 

7 head’’) shall prepare a continuous inventory of forest land 

8 administered by those agency heads, respectively. 

9 (b) REQUIREMENTS.—A continuous forest inventory 

10 shall constitute a long-term monitoring and inventory sys11 tem that—

12 (1) is contiguous throughout affected Federal 

13 forest land; and 

14 (2) is based on a set of permanent plots that 

15 are inventoried every 10 years to—

16 (A) assess the impacts that human activi17 ties are having on management of the eco18 system; 

19 (B) gauge—

20 (i) floristic and faunistic diversity, 

21 abundance, and dominance; and 

22 (ii) economic and social value; and 

23 (C) monitor changes in the age, structure, 

24 and diversity of species of trees and other vege25 tation. 
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•S 1938 IS 

1 (c) DECENNIAL INVENTORIES.—Each decennial in2 ventory under subsection (b)(2) shall be completed not 

3 more than 60 days after the date on which the inventory 

4 is begun. 

5 (d) NATIONAL ACADEMY OF SCIENCES.—In pre6 paring a continuous forest inventory, an agency head may 

7 use the services of the National Academy of Sciences to—

8 (1) develop a system for the continuous forest 

9 inventory by which certain guilds or indicator species 

10 are measured; and 

11 (2) identify any changes to the continuous for12 est inventory that are necessary to ensure that the 

13 continuous forest inventory is consistent with the 

14 most accurate scientific methods. 

15 (e) WHOLE-SYSTEM MEASURES.—At the end of each 

16 forest planning period, an agency head shall document 

17 whole-system measures that will be taken as a result of 

18 a decennial inventory. 

19 (f) PUBLIC AVAILABILITY.—Results of a continuous 

20 forest inventory shall be made available to the public with21 out charge. 

22 SEC. 103. ADMINISTRATION AND MANAGEMENT. 

23 The Forest and Rangeland Renewable Resources 

24 Planning Act of 1974 is amended by adding after section 

25 6 (16 U.S.C. 1604) the following: 
14

•S 1938 IS 

1 ‘‘SEC. 6A. CONSERVATION OF NATIVE BIODIVERSITY; SE2 LECTION LOGGING; PROHIBITION OF 

3 CLEARCUTTING. 

4 ‘‘(a) APPLICABILITY.—This section applies to the ad5 ministration and management of—

6 ‘‘(1) National Forest System land, under this 

7 Act; 

8 ‘‘(2) Federal land, under the Federal Land Pol9 icy and Management Act of 1976 (43 U.S.C. 1701 

10 et seq.); and 

11 ‘‘(3) National Wildlife Refuge System land, 

12 under the National Wildlife Refuge System Adminis13 tration Act of 1966 (16 U.S.C. 668dd et seq.). 

14 ‘‘(b) NATIVE BIODIVERSITY IN FORESTED AREAS.—

15 The Secretary shall provide for the conservation or res16 toration of native biodiversity in each stand and each wa17 tershed throughout each forested area, except during the 

18 extraction stage of authorized mineral development or dur19 ing authorized construction projects, in which cases the 

20 Secretary shall conserve native biodiversity to the max21 imum extent practicable. 

22 ‘‘(c) RESTRICTION ON USE OF CERTAIN LOGGING

23 PRACTICES.—

24 ‘‘(1) DEFINITIONS.—In this subsection: 

25 ‘‘(A) AGE DIVERSITY.—The term ‘age di26 versity’ means the naturally occurring range 
15

•S 1938 IS 

1 and distribution of age classes within a given 

2 species. 

3 ‘‘(B) BASAL AREA.—The term ‘basal area’ 

4 means the area of the cross section of a tree 

5 stem, including the bark, at 4.5 feet above the 

6 ground. 

7 ‘‘(C) CLEARCUTTING.—The term 

8 ‘clearcutting’ means an even-age logging oper9 ation that removes all of the trees over a con10 siderable portion of a stand at 1 time. 

11 ‘‘(D) CONSERVATION.—The term ‘con12 servation’ means protective measures for main13 taining native biodiversity and active and pas14 sive measures for restoring diversity through 

15 management efforts, in order to protect, re16 store, and enhance as much of the variety of 

17 species and communities as practicable in abun18 dances and distributions that provide for their 

19 continued existence and normal functioning, in20 cluding the viability of populations throughout 

21 their natural geographic distributions. 

22 ‘‘(E) EVEN-AGE LOGGING OPERATION.—

23 ‘‘(i) IN GENERAL.—The term ‘even24 age logging operation’ means a logging ac25 tivity that—
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•S 1938 IS 

1 ‘‘(I) creates a clearing or opening 

that exceeds 1 2 ⁄5 acre; 

3 ‘‘(II) creates a stand in which the 

4 majority of trees are within 10 years 

5 of the same age; or 

6 ‘‘(III) within a period of 30 

7 years, cuts or removes more than the 

8 lesser of—

9 ‘‘(aa) the growth of the 

10 basal area of all tree species (not 

11 including a tree of a non-native 

12 invasive tree species or an 

13 invasive plantation species) in a 

14 stand; or 

15 ‘‘(bb) 20 percent of the 

16 basal area of a stand. 

17 ‘‘(ii) INCLUSION.—The term ‘even-age 

18 logging operation’ includes the application 

19 of clearcutting, high grading, seed-tree cut20 ting, shelterwood cutting, or any other log21 ging method in a manner inconsistent with 

22 selection management. 

23 ‘‘(iii) EXCLUSION.—The term ‘even24 age logging operation’ does not include the 

25 cutting or removal of—
17

•S 1938 IS 

1 ‘‘(I) a tree of a non-native 

2 invasive tree species; or 

3 ‘‘(II) an invasive plantation spe4 cies, if native longleaf pine are plant5 ed in place of the removed invasive 

6 plantation species. 

7 ‘‘(F) GENETIC DIVERSITY.—The term ‘ge8 netic diversity’ means the differences in genetic 

9 composition within and among populations of a 

10 species. 

11 ‘‘(G) HIGH GRADING.—The term ‘high 

12 grading’ means the removal of only the larger 

13 or more commercially valuable trees in a stand, 

14 resulting in an alteration in the natural range 

15 of age diversity or species diversity in the stand. 

16 ‘‘(H) INVASIVE PLANTATION SPECIES.—

17 The term ‘invasive plantation species’ means a 

18 loblolly pine or slash pine that was planted or 

19 managed by the Forest Service or any other 

20 Federal agency as part of an even-aged 

21 monoculture tree plantation. 

22 ‘‘(I) NATIVE BIODIVERSITY.—

23 ‘‘(i) IN GENERAL.—The term ‘native 

24 biodiversity’ means— 
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•S 1938 IS 

1 ‘‘(I) the full range of variety and 

2 variability within and among living or3 ganisms; and 

4 ‘‘(II) the ecological complexes in 

5 which the living organisms would have 

6 occurred (including naturally occur7 ring disturbance regimes) in the ab8 sence of significant human impact. 

9 ‘‘(ii) INCLUSIONS.—The term ‘native 

10 biodiversity’ includes diversity—

11 ‘‘(I) within a species (including 

12 genetic diversity, species diversity, and 

13 age diversity); 

14 ‘‘(II) within a community of spe15 cies; 

16 ‘‘(III) between communities of 

17 species; 

18 ‘‘(IV) within a discrete area, such 

19 as a watershed; 

20 ‘‘(V) along a vertical plane from 

21 ground to sky, including application of 

22 the plane to all the other types of di23 versity; and 

24 ‘‘(VI) along the horizontal plane 

25 of the land surface, including applica-
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•S 1938 IS 

1 tion of the plane to all the other types 

2 of diversity. 

3 ‘‘(J) NON-NATIVE INVASIVE TREE SPE4 CIES.—

5 ‘‘(i) IN GENERAL.—The term ‘non-na6 tive invasive tree species’ means a species 

7 of tree not native to North America. 

8 ‘‘(ii) INCLUSIONS.—The term ‘non-na9 tive invasive tree species’ includes—

10 ‘‘(I) Australian pine (Casaurina 

11 equisetifolia); 

12 ‘‘(II) Brazilian pepper (Schinus 

13 terebinthifolius); 

14 ‘‘(III) Common buckthorn 

15 (Rhamnus cathartica); 

16 ‘‘(IV) Eucalyptus (Eucalyptus 

17 globulus); 

18 ‘‘(V) Glossy buckthorn (Rhamnus 

19 frangula); 

20 ‘‘(VI) Melaleuca (Melaleuca 

21 quinquenervia); 

22 ‘‘(VII) Norway maple (Acer 

23 platanoides); 

24 ‘‘(VIII) Princess tree (Paulownia 

25 tomentosa); 
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•S 1938 IS 

1 ‘‘(IX) Salt cedar (Tamarix spe2 cies); 

3 ‘‘(X) Silk tree (Albizia 

4 julibrissin); 

5 ‘‘(XI) Strawberry guava 

6 (Psidium cattleianum); 

7 ‘‘(XII) Tree-of-heaven (Ailanthus 

8 altissima); 

9 ‘‘(XIII) Velvet tree (Miconia 

10 calvescens); and 

11 ‘‘(XIV) White poplar (Populus 

12 alba). 

13 ‘‘(K) SEED-TREE CUT.—The term ‘seed14 tree cut’ means an even-age logging operation 

15 that leaves a small minority of seed trees in a 

16 stand for any period of time. 

17 ‘‘(L) SELECTION MANAGEMENT.—

18 ‘‘(i) IN GENERAL.—The term ‘selec19 tion management’ means a method of log20 ging that emphasizes the periodic, indi21 vidual selection and removal of varying size 

22 and age classes of the weaker, nondomi23 nant cull trees in a stand and leaves uncut 

24 the stronger dominant trees to survive and
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•S 1938 IS 

1 reproduce, in a manner that works with 

2 natural forest processes and—

3 ‘‘(I) ensures the maintenance of 

4 continuous high forest cover where 

5 high forest cover naturally occurs; 

6 ‘‘(II) ensures the maintenance or 

7 natural regeneration of all native spe8 cies in a stand; 

9 ‘‘(III) ensures the growth and de10 velopment of trees through a range of 

11 diameter or age classes to provide a 

12 sustained yield of forest products in13 cluding clean water, rich soil, and na14 tive plants and wildlife; and 

15 ‘‘(IV) ensures that some dead 

16 trees, standing and downed, shall be 

17 left in each stand where selection log18 ging occurs, to fulfill their necessary 

19 ecological functions in the forest eco20 system, including providing elemental 

21 and organic nutrients to the soil, 

22 water retention, and habitat for en23 demic insect species that provide the 

24 primary food source for predators (in25 cluding various species of amphibians 
22

•S 1938 IS 

1 and birds, such as cavity nesting 

2 woodpeckers). 

3 ‘‘(ii) EXCLUSION.—

4 ‘‘(I) IN GENERAL.—Subject to 

5 subclause (II), the term ‘selection 

6 management’ does not include an 

7 even-age logging operation. 

8 ‘‘(II) FELLING AGE; NATIVE BIO9 DIVERSITY.—Subclause (I) does not— 

10 ‘‘(aa) establish a 150-year 

11 projected felling age as the 

12 standard at which individual 

13 trees in a stand are to be cut; or 

14 ‘‘(bb) limit native biodiver15 sity to that which occurs within 

16 the context of a 150-year pro17 jected felling age. 

18 ‘‘(M) SHELTERWOOD CUT.—The term 

19 ‘shelterwood cut’ means an even-age logging op20 eration that leaves—

21 ‘‘(i) a minority of the stand (larger 

22 than a seed-tree cut) as a seed source; or 

23 ‘‘(ii) a protection cover remaining 

24 standing for any period of time. 
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•S 1938 IS 

1 ‘‘(N) SPECIES DIVERSITY.—The term ‘spe2 cies diversity’ means the richness and variety of 

3 native species in a particular location. 

4 ‘‘(O) STAND.—The term ‘stand’ means a 

5 biological community of trees on land described 

6 in subsection (a), comprised of not more than 

7 100 contiguous acres with sufficient identity of 

8 1 or more characteristics (including location, to9 pography, and dominant species) to be managed 

10 as a unit. 

11 ‘‘(P) TIMBER PURPOSE.—

12 ‘‘(i) IN GENERAL.—The term ‘timber 

13 purpose’ means the use, sale, lease, or dis14 tribution of trees, including the felling of 

15 trees or portions of trees. 

16 ‘‘(ii) EXCEPTION.—The term ‘timber 

17 purpose’ does not include the felling of 

18 trees or portions of trees to create land 

19 space for a Federal administrative struc20 ture. 

21 ‘‘(Q) WITHIN-COMMUNITY DIVERSITY.—

22 The term ‘within-community diversity’ means 

23 the distinctive assemblages of species and eco24 logical processes that occur in various physical 

25 settings of the biosphere and distinct locations. 
24

•S 1938 IS 

1 ‘‘(2) PROHIBITION OF CLEARCUTTING AND

2 OTHER FORMS OF EVEN-AGE LOGGING OPER3 ATIONS.—No clearcutting or other form of even-age 

4 logging operation shall be permitted in any stand or 

5 watershed. 

6 ‘‘(3) MANAGEMENT OF NATIVE BIODIVER7 SITY.—On each stand on which an even-age logging 

8 operation has been conducted on or before the date 

9 of enactment of this section, and on each deforested 

10 area managed for timber purposes on or before the 

11 date of enactment of this section, excluding areas oc12 cupied by existing buildings, the Secretary shall— 

13 ‘‘(A) prescribe a shift to selection manage14 ment; or 

15 ‘‘(B) cease managing the stand for timber 

16 purposes, in which case the Secretary shall—

17 ‘‘(i) undertake an active restoration of 

18 the native biodiversity of the stand; or 

19 ‘‘(ii) permit the stand to regain native 

20 biodiversity. 

21 ‘‘(4) ENFORCEMENT.—

22 ‘‘(A) FINDING.— Congress finds that all 

23 people of the United States are injured by ac24 tions on land to which subsection (g)(3)(B) and 

25 this subsection applies. 
25

•S 1938 IS 

1 ‘‘(B) PURPOSE.—The purpose of this para2 graph is to foster the widest and most effective 

3 possible enforcement of subsection (g)(3)(B) 

4 and this subsection. 

5 ‘‘(C) FEDERAL ENFORCEMENT.—The Sec6 retary of Agriculture, the Secretary of the Inte7 rior, and the Attorney General shall enforce 

8 subsection (g)(3)(B) and this subsection against 

9 any person that violates 1 or more of those pro10 visions. 

11 ‘‘(D) CITIZEN SUITS.—

12 ‘‘(i) IN GENERAL.—A citizen harmed 

13 by a violation of subsection (g)(3)(B) or 

14 this subsection may bring a civil action in 

15 United States district court for a declara16 tory judgment, a temporary restraining 

17 order, an injunction, statutory damages, or 

18 other remedy against any alleged violator, 

19 including the United States. 

20 ‘‘(ii) JUDICIAL RELIEF.—If a district 

21 court of the United States determines that 

22 a violation of subsection (g)(3)(B) or this 

23 subsection has occurred, the district 

24 court—
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•S 1938 IS 

1 ‘‘(I) shall impose a damage 

2 award of not less than $5,000; 

3 ‘‘(II) may issue 1 or more injunc4 tions or other forms of equitable re5 lief; and 

6 ‘‘(III) shall award to the plain7 tiffs reasonable costs of bringing the 

8 action, including attorney’s fees, wit9 ness fees, and other necessary ex10 penses. 

11 ‘‘(iii) STANDARD OF PROOF.—The 

12 standard of proof in all actions under this 

13 subparagraph shall be the preponderance 

14 of the evidence. 

15 ‘‘(iv) TRIAL.—A trial for any action 

16 under this subsection shall be de novo. 

17 ‘‘(E) PAYMENT OF DAMAGES.—

18 ‘‘(i) NON-FEDERAL VIOLATOR.—A 

19 damage award under subparagraph (D)(ii) 

20 shall be paid to the Treasury by a non21 Federal violator or violators designated by 

22 the court. 

23 ‘‘(ii) FEDERAL VIOLATOR.—

24 ‘‘(I) IN GENERAL.—Not later 

25 than 40 days after the date on which 
27

•S 1938 IS 

1 judgment is rendered, a damage 

2 award under subparagraph (D)(ii) for 

3 which the United States is determined 

4 to be liable shall be paid from the 

5 Treasury, as provided under section 

6 1304 of title 31, United States Code, 

7 to the person or persons designated to 

8 receive the damage award. 

9 ‘‘(II) USE OF DAMAGE AWARD.—

10 A damage award described under sub11 clause (I) shall be used by the recipi12 ent to protect or restore native bio13 diversity on Federal land or on land 

14 adjoining Federal land. 

15 ‘‘(III) COURT COSTS.—Any 

16 award of costs of litigation and any 

17 award of attorney fees shall be paid 

18 by a Federal violator not later than 

19 40 days after the date on which judg20 ment is rendered. 

21 ‘‘(F) WAIVER OF SOVEREIGN IMMUNITY.—

22 ‘‘(i) IN GENERAL.—The United States 

23 (including agents and employees of the 

24 United States) waives its sovereign immu-
28

•S 1938 IS 

1 nity in all respects in all actions under 

2 subsection (g)(3)(B) and this subsection. 

3 ‘‘(ii) NOTICE.—No notice is required 

4 to enforce this subsection.’’. 

5 SEC. 104. CONFORMING AMENDMENTS. 

6 Section 6(g)(3) of the Forest and Rangeland Renew7 able Resource Planning Act of 1974 (16 U.S.C. 

8 1604(g)(3)) is amended—

9 (1) in subparagraph (D), by inserting ‘‘and’’ 

10 after the semicolon at the end; 

11 (2) in subparagraph (E), by striking ‘‘; and’’ 

12 and inserting a period; and 

13 (3) by striking subparagraph (F). 

14 TITLE II—PROTECTION FOR AN15 CIENT FORESTS, ROADLESS 

16 AREAS, WATERSHED PROTEC17 TION AREAS, AND SPECIAL 

18 AREAS 

19 SEC. 201. FINDINGS. 

20 Congress finds that—

21 (1) unfragmented forests on Federal land, 

22 unique and valuable assets to the general public, are 

23 damaged by extractive logging; 

24 (2) less than 10 percent of the original 

25 unlogged forests of the United States remain, and 
29

•S 1938 IS 

1 the vast majority of the remnants of the original for2 ests of the United States are located on Federal 

3 land; 

4 (3) large, unfragmented forest watersheds pro5 vide high-quality water supplies for drinking, agri6 culture, industry, and fisheries across the United 

7 States; 

8 (4) the most recent scientific studies indicate 

9 that several thousand species of plants and animals 

10 are dependent on large, unfragmented forest areas; 

11 (5) many neotropical migratory songbird species 

12 are experiencing documented broad-scale population 

13 declines and require large, unfragmented forests to 

14 ensure their survival; 

15 (6) destruction of large-scale natural forests 

16 has resulted in a tremendous loss of jobs in the fish17 ing, hunting, tourism, recreation, and guiding indus18 tries, and has adversely affected sustainable non19 timber forest products industries such as the collec20 tion of mushrooms and herbs; 

21 (7) extractive logging programs on Federal land 

22 are carried out at enormous financial costs to the 

23 Treasury and taxpayers of the United States;
30

•S 1938 IS 

1 (8) Ancient forests continue to be threatened by 

2 logging and deforestation and are rapidly dis3 appearing; 

4 (9) Ancient forests help regulate atmospheric 

5 balance, maintain biodiversity, and provide valuable 

6 scientific opportunity for monitoring the health of 

7 the planet; 

8 (10) prohibiting extractive logging in the An9 cient forests would create the best conditions for en10 suring stable, well distributed, and viable popu11 lations of the northern spotted owl, marbled 

12 murrelet, American marten, and other vertebrates, 

13 invertebrates, vascular plants, and nonvascular 

14 plants associated with those forests; 

15 (11) prohibiting extractive logging in the An16 cient forests would create the best conditions for en17 suring stable, well distributed, and viable popu18 lations of anadromous salmonids, resident 

19 salmonids, and bull trout; 

20 (12) roadless areas are de facto wilderness that 

21 provide wildlife habitat and recreation; 

22 (13) large unfragmented forests, contained in 

23 large part on roadless areas on Federal land, are 

24 among the last refuges for native animal and plant 

25 biodiversity, and are vital to maintaining viable pop-
31

•S 1938 IS 

1 ulations of threatened, endangered, sensitive, and 

2 rare species; 

3 (14) roads cause soil erosion, disrupt wildlife 

4 migration, and allow nonnative species of plants and 

5 animals to invade native forests; 

6 (15) the mortality and reproduction patterns of 

7 forest dwelling animal populations are adversely af8 fected by traffic-related fatalities that accompany 

9 roads; 

10 (16) the exceptional recreational, biological, sci11 entific, or economic assets of certain special forested 

12 areas on Federal land are valuable to the public of 

13 the United States and are damaged by extractive 

14 logging; 

15 (17) in order to gauge the effectiveness and ap16 propriateness of current and future resource man17 agement activities, and to continue to broaden and 

18 develop our understanding of silvicultural practices, 

19 many special forested areas need to remain in a nat20 ural, unmanaged state to serve as scientifically es21 tablished baseline control forests; 

22 (18) certain special forested areas provide habi23 tat for the survival and recovery of endangered and 

24 threatened plant and wildlife species, such as grizzly 
32

•S 1938 IS 

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

2 that are harmed by extractive logging; 

3 (19) many special forested areas on Federal 

4 land are considered sacred sites by native peoples; 

5 and 

6 (20) as a legacy for the enjoyment, knowledge, 

7 and well-being of future generations, provisions must 

8 be made for the protection and perpetuation of the 

9 Ancient forests, roadless areas, watershed protection 

10 areas, and special areas of the United States. 

11 SEC. 202. DEFINITIONS. 

12 In this title: 

13 (1) ANCIENT FOREST.—The term ‘‘Ancient for14 est’’ means—

15 (A) the northwest Ancient forests, includ16 ing—

17 (i) Federal land identified as late-suc18 cessional reserves, riparian reserves, and 

19 key watersheds under the heading ‘‘Alter20 native 1’’ of the report entitled ‘‘Final 

21 Supplemental Environmental Impact 

22 Statement on Management of Habitat for 

23 Late-Successional and Old-Growth Forest 

24 Related Species Within the Range of the 
33

•S 1938 IS 

1 Northern Spotted Owl, Vol. I.’’, and dated 

2 February 1994; and 

3 (ii) Federal land identified by the 

4 term ‘‘medium and large conifer multi-sto5 ried, canopied forests’’ as defined in the re6 port described in clause (i); 

7 (B) the eastside Cascade Ancient forests, 

8 including—

9 (i) Federal land identified as ‘‘Late10 Succession/Old-growth Forest (LS/OG)’’ 

11 depicted on maps for the Colville National 

12 Forest, Fremont National Forest, Malheur 

13 National Forest, Ochoco National Forest, 

14 Umatilla National Forest, Wallowa-Whit15 man National Forest, and Winema Na16 tional Forest in the report entitled ‘‘In17 terim Protection for Late-Successional 

18 Forests, Fisheries, and Watersheds: Na19 tional Forests East of the Cascade Crest, 

20 Oregon, and Washington’’, prepared by the 

21 Eastside Forests Scientific Society Panel 

22 (The Wildlife Society, Technical Review 

23 94–2, August 1994); 

24 (ii) Federal land east of the Cascade 

25 crest in the States of Oregon and Wash-
34

•S 1938 IS 

1 ington, defined as ‘‘late successional and 

2 old-growth forests’’ in the general defini3 tion on page 28 of the report described in 

4 clause (i); and 

5 (iii) Federal land classified as ‘‘Or6 egon Aquatic Diversity Areas’’, as defined 

7 in the report described in clause (i); and 

8 (C) the Sierra Nevada Ancient forests, in9 cluding—

10 (i) Federal land identified as ‘‘Areas 

11 of Late-Successional Emphasis (ALSE)’’ 

12 in the report entitled, ‘‘Final Report to 

13 Congress: Status of the Sierra Nevada’’, 

14 prepared by the Sierra Nevada Ecosystem 

15 Project (Wildland Resources Center Report 

16 #40, University of California, Davis, 1996/

17 97); 

18 (ii) Federal land identified as ‘‘Late19 Succession/Old-Growth Forests Rank 3, 4 

20 or 5’’ in the report described in clause (i); 

21 and 

22 (iii) Federal land identified as ‘‘Poten23 tial Aquatic Diversity Management Areas’’ 

24 on the map on page 1497 of Volume II of 

25 the report described in clause (i).
35

•S 1938 IS 

1 (2) EXTRACTIVE LOGGING.—The term ‘‘extrac2 tive logging’’ means the felling or removal of any 

3 trees from Federal forest land for any purpose. 

4 (3) IMPROVED ROAD.—The term ‘‘improved 

5 road’’ means any road maintained for travel by 

6 standard passenger type vehicles. 

7 (4) ROADLESS AREA.—The term ‘‘roadless 

8 area’’ means a contiguous parcel of Federal land 

9 that is—

10 (A) devoid of improved roads, except as 

11 provided in subparagraph (B); and 

12 (B) composed of— 

13 (i) at least 1,000 acres west of the 

100th meridian (with up to 1 14 ⁄2 mile of im15 proved roads per 1,000 acres); 

16 (ii) at least 1,000 acres east of the 

100th meridian (with up to 1 17 ⁄2 mile of im18 proved roads per 1,000 acres); or 

19 (iii) less than 1,000 acres, but share 

20 a border that is not an improved road with 

21 a wilderness area, primitive area, or wil22 derness study area. 

23 (5) SECRETARY.—The term ‘‘Secretary’’, with 

24 respect to any Federal land in an Ancient forest, 

25 roadless area, watershed protection area, or special 
36

•S 1938 IS 

1 area, means the head of the Federal agency having 

2 jurisdiction over the Federal land. 

3 (6) SPECIAL AREA.—The term ‘‘special area’’ 

4 means an area of Federal forest land designated 

5 under section 3 that may not meet the definition of 

6 an Ancient forest, roadless area, or watershed pro7 tection area, but that—

8 (A) possesses outstanding biological, sce9 nic, recreational, or cultural values; and 

10 (B) is exemplary on a regional, national, or 

11 international level. 

12 (7) WATERSHED PROTECTION AREA.—The 

13 term ‘‘watershed protection area’’ means Federal 

14 land that extends—

15 (A) 300 feet from both sides of the active 

16 stream channel of any permanently flowing 

17 stream or river; 

18 (B) 100 feet from both sides of the active 

19 channel of any intermittent, ephemeral, or sea20 sonal stream, or any other nonpermanently 

21 flowing drainage feature having a definable 

22 channel and evidence of annual scour or deposi23 tion of flow-related debris; 

24 (C) 300 feet from the edge of the max25 imum level of any natural lake or pond; or 
37

•S 1938 IS 

1 (D) 150 feet from the edge of the max2 imum level of a constructed lake, pond, or res3 ervoir, or a natural or constructed wetland. 

4 SEC. 203. DESIGNATION OF SPECIAL AREAS. 

5 (a) IN GENERAL.—

6 (1) FINDING.—A special area shall possess at 

7 least 1 of the values described in paragraphs (2) 

8 through (5). 

9 (2) BIOLOGICAL VALUES.—The biological values 

10 of a special area may include the presence of—

11 (A) threatened species or endangered spe12 cies of plants or animals; 

13 (B) rare or endangered ecosystems; 

14 (C) key habitats necessary for the recovery 

15 of endangered species or threatened species; 

16 (D) recovery or restoration areas of rare or 

17 underrepresented forest ecosystems; 

18 (E) migration corridors; 

19 (F) areas of outstanding biodiversity; 

20 (G) old growth forests; 

21 (H) commercial fisheries; and 

22 (I) sources of clean water such as key wa23 tersheds. 

24 (3) SCENIC VALUES.—The scenic values of a 

25 special area may include the presence of—
38

•S 1938 IS 

1 (A) unusual geological formations; 

2 (B) designated wild and scenic rivers; 

3 (C) unique biota; and 

4 (D) vistas. 

5 (4) RECREATIONAL VALUES.—The recreational 

6 values of a special area may include the presence 

7 of—

8 (A) designated national recreational trails 

9 or recreational areas; 

10 (B) areas that are popular for such recre11 ation and sporting activities as—

12 (i) hunting; 

13 (ii) fishing; 

14 (iii) camping; 

15 (iv) hiking; 

16 (v) aquatic recreation; and 

17 (vi) winter recreation; 

18 (C) Federal land in regions that are under19 served in terms of recreation; 

20 (D) land adjacent to designated wilderness 

21 areas; and 

22 (E) solitude. 

23 (5) CULTURAL VALUES.—The cultural values of 

24 a special area may include the presence of—
39

•S 1938 IS 

1 (A) sites with Native American religious 

2 significance; and 

3 (B) historic or prehistoric archaeological 

4 sites eligible for listing on the national historic 

5 register. 

6 (b) SIZE VARIATION.—A special area may vary in 

7 size to encompass the outstanding biological, scenic, rec8 reational, or cultural value or values to be protected. 

9 (c) DESIGNATION OF SPECIAL AREAS.—There are 

10 designated the following special areas, which shall be sub11 ject to the management restrictions specified in section 

12 204: 

13 (1) ALABAMA.—

14 (A) SIPSEY WILDERNESS HEADWATERS.—

15 Certain land in the Bankhead National Forest, 

16 Bankhead Ranger District, in Lawrence Coun17 ty, totaling approximately 22,000 acres, located 

18 directly north and upstream of the Sipsey Wil19 derness, and directly south of Forest Road 213. 

20 (B) BRUSHY FORK.—Certain land in the 

21 Bankhead National Forest, Bankhead Ranger 

22 District, in Lawrence County, totaling approxi23 mately 6,200 acres, bounded by Forest Roads 

24 249, 254, and 246 and Alabama Highway 33.
40

•S 1938 IS 

1 (C) REBECCA MOUNTAIN.—Certain land in 

2 the Talladega National Forest, Talladega Rang3 er District, Talladega County and Clay County, 

4 totaling approximately 9,000 acres, comprised 

5 of all Talladega National Forest lands south of 

6 Forest Roads 621 and 621 B, east of Alabama 

7 Highway 48/77 and County Highway 308, and 

8 north of the power transmission line. 

9 (D) AUGUSTA MINE RIDGE.—Certain land 

10 in the Talladega National Forest, Shoal Creek 

11 Ranger District, Cherokee County and Cleburn 

12 County, totaling approximately 6,000 acres, and 

13 comprised of all Talladega National Forest land 

14 north of the Chief Ladiga Rail Trail. 

15 (E) MAYFIELD CREEK.—Certain land in 

16 the Talladega National Forest, Oakmulgee 

17 Ranger District, in Rail County, totaling ap18 proximately 4,000 acres, and bounded by For19 est Roads 731, 723, 718, and 718A. 

20 (F) BEAR BAY.—Certain land in the 

21 Conecuh National Forest, Conecuh District, in 

22 Covington County, totaling approximately 3,000 

23 acres, bounded by County Road 11, Forest 

24 Road 305, County Road 3, and the County 

25 Road connecting County Roads 3 and 11. 
41

•S 1938 IS 

1 (2) ALASKA.—

2 (A) TURNAGAIN ARM.—Certain land in the 

3 Chugach National Forest, on the Kenai Penin4 sula, totaling approximately 100,000 acres, ex5 tending from sea level to ridgetop surrounding 

6 the inlet of Turnagain Arm, known as 

7 ‘‘Turnagain Arm’’. 

8 (B) HONKER DIVIDE.—Certain land in the 

9 Tongass National Forest, totaling approxi10 mately 75,000 acres, located on north central 

11 Prince of Wales Island, comprising the Thorne 

12 River and Hatchery Creek watersheds, stretch13 ing approximately 40 miles northwest from the 

14 vicinity of the town of Thorne Bay to the vicin15 ity of the town of Coffman Cove, generally 

16 known as the ‘‘Honker Divide’’. 

17 (3) ARIZONA: NORTH RIM OF THE GRAND CAN18 YON.—Certain land in the Kaibab National Forest 

19 that is included in the Grand Canyon Game Pre20 serve, totaling approximately 500,000 acres, abut21 ting the northern side of the Grand Canyon in the 

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

23 Grand Canyon’’. 

24 (4) ARKANSAS.—
42

•S 1938 IS 

1 (A) COW CREEK DRAINAGE, ARKANSAS.—

2 Certain land in the Ouachita National Forest, 

3 Mena Ranger District, in Polk County, totaling 

4 approximately 7,000 acres, known as ‘‘Cow 

5 Creek Drainage, Arkansas’’, and bounded ap6 proximately—

7 (i) on the north, by County Road 95; 

8 (ii) on the south, by County Road 

9 157; 

10 (iii) on the east, by County Road 48; 

11 and 

12 (iv) on the west, by the Arkansas13 Oklahoma border. 

14 (B) LEADER AND BRUSH MOUNTAINS.—

15 Certain land in the Ouachita National Forest, 

16 Montgomery County and Polk County, totaling 

17 approximately 120,000 acres, known as ‘‘Lead18 er Mountain’’ and ‘‘Brush Mountain’’, located 

19 in the vicinity of the Blaylock Creek Watershed 

20 between Long Creek and the South Fork of the 

21 Saline River. 

22 (C) POLK CREEK AREA.—Certain land in 

23 the Ouachita National Forest, Mena Ranger 

24 District, totaling approximately 20,000 acres, 

25 bounded by Arkansas Highway 4 and Forest 
43

•S 1938 IS 

1 Roads 73 and 43, known as the ‘‘Polk Creek 

2 area’’. 

3 (D) LOWER BUFFALO RIVER WATER4 SHED.—Certain land in the Ozark National 

5 Forest, Sylamore Ranger District, totaling ap6 proximately 6,000 acres, including Forest Serv7 ice land that has not been designated as a wil8 derness area before the date of enactment of 

9 this Act, located in the watershed of Big Creek 

10 southwest of the Leatherwood Wilderness Area, 

11 Searcy County and Marion County, and known 

12 as the ‘‘Lower Buffalo River Watershed’’. 

13 (E) UPPER BUFFALO RIVER WATER14 SHED.—Certain land in the Ozark National 

15 Forest, Buffalo Ranger District, totaling ap16 proximately 220,000 acres, comprised of Forest 

17 Service that has not been designated as a wil18 derness area before the date of enactment of 

19 this Act, known as the ‘‘Upper Buffalo River 

20 Watershed’’, located approximately 35 miles 

21 from the town of Harrison, Madison County, 

22 Newton County, and Searcy County, upstream 

23 of the confluence of the Buffalo River and Rich24 land Creek in the watersheds of— 

25 (i) the Buffalo River; 
44

•S 1938 IS 

1 (ii) the various streams comprising 

2 the Headwaters of the Buffalo River; 

3 (iii) Richland Creek; 

4 (iv) Little Buffalo Headwaters; 

5 (v) Edgmon Creek; 

6 (vi) Big Creek; and 

7 (vii) Cane Creek. 

8 (5) CALIFORNIA: GIANT SEQUOIA PRESERVE.—

9 Certain land in the Sequoia National Forest and Si10 erra National Forest, known as the ‘‘Giant Sequoia 

11 Preserve’’, comprised of 3 discontinuous parcels and 

12 approximately 442,425 acres, located in Fresno 

13 County, Tulare County, and Kern County, in the 

14 Southern Sierra Nevada mountain range, includ15 ing—

16 (A) the Kings River Unit (145,600 acres) 

17 and nearby Redwood Mountain Unit (11,730 

18 acres), located approximately 25 miles east of 

19 the city of Fresno; and 

20 (B) the South Unit (285,095 acres), lo21 cated approximately 15 miles east of the city of 

22 Porterville. 

23 (6) COLORADO: COCHETOPA HILLS.—Certain 

24 land in the Gunnison Basin area, known as the 

25 ‘‘Cochetopa Hills’’, administered by the Gunnison
45

•S 1938 IS 

1 National Forest, Grand Mesa National Forest, 

2 Uncompahgre National Forest, and Rio Grand Na3 tional Forest, totaling approximately 500,000 acres, 

4 spanning the continental divide south and east of 

5 the city of Gunnison, in Saguache County, and in6 cluding—

7 (A) Elk Mountain and West Elk Mountain; 

8 (B) the Grand Mesa; 

9 (C) the Uncompahgre Plateau; 

10 (D) the northern San Juan Mountains; 

11 (E) the La Garitas Mountains; and 

12 (F) the Cochetopa Hills. 

13 (7) GEORGIA.—

14 (A) ARMUCHEE CLUSTER.—Certain land 

15 in the Chattahoochee National Forest, 

16 Armuchee Ranger District, known as the 

17 ‘‘Armuchee Cluster’’, totaling approximately 

18 19,700 acres, comprised of 3 parcels known as 

19 ‘‘Rocky Face’’, ‘‘Johns Mountain’’, and ‘‘Hid20 den Creek’’, located approximately 10 miles 

21 southwest of Dalton and 14 miles north of 

22 Rome, in Whitfield County, Walker County, 

23 Chattooga County, Floyd County, and Gordon 

24 County. 
46

•S 1938 IS 

1 (B) BLUE RIDGE CORRIDOR CLUSTER, 

2 GEORGIA AREAS.—Certain land in the Chat3 tahoochee National Forest, Chestatee Ranger 

4 District, totaling approximately 15,000 acres, 

5 known as the ‘‘Blue Ridge Corridor Cluster, 

6 Georgia Areas’’, comprised of 5 parcels known 

7 as ‘‘Horse Gap’’, ‘‘Hogback Mountain’’, 

8 ‘‘Blackwell Creek’’, ‘‘Little Cedar Mountain’’, 

9 and ‘‘Black Mountain’’, located approximately 

10 15 to 20 miles north of the town of Dahlonega, 

11 in Union County and Lumpkin County. 

12 (C) CHATTOOGA WATERSHED CLUSTER, 

13 GEORGIA AREAS.—Certain land in the Chat14 tahoochee National Forest, Tallulah Ranger 

15 District, totaling 63,500 acres, known as the 

16 ‘‘Chattooga Watershed Cluster, Georgia Areas’’, 

17 comprised of 7 areas known as ‘‘Rabun Bald’’, 

18 ‘‘Three Forks’’, ‘‘Ellicott Rock Extension’’, 

19 ‘‘Rock Gorge’’, ‘‘Big Shoals’’, ‘‘Thrift’s Ferry’’, 

20 and ‘‘Five Falls’’, in Rabun County, near the 

21 towns of Clayton, Georgia, and Dillard, South 

22 Carolina. 

23 (D) COHUTTA CLUSTER.—Certain land in 

24 the Chattahoochee National Forest, Cohutta 

25 Ranger District, totaling approximately 28,000 
47

•S 1938 IS 

1 acres, known as the ‘‘Cohutta Cluster’’, com2 prised of 4 parcels known as ‘‘Cohutta Exten3 sions’’, ‘‘Grassy Mountain’’, ‘‘Emery Creek’’, 

4 and ‘‘Mountaintown’’, near the towns of 

5 Chatsworth and Ellijay, in Murray County, 

6 Fannin County, and Gilmer County. 

7 (E) DUNCAN RIDGE CLUSTER.—Certain 

8 land in the Chattahoochee National Forest, 

9 Brasstown and Toccoa Ranger Districts, total10 ing approximately 17,000 acres, known as the 

11 ‘‘Duncan Ridge Cluster’’, comprised of the par12 cels known as ‘‘Licklog Mountain’’, ‘‘Duncan 

13 Ridge’’, ‘‘Board Camp’’, and ‘‘Cooper Creek 

14 Scenic Area Extension’’, approximately 10 to 

15 15 miles south of the town of Blairsville, in 

16 Union County and Fannin County. 

17 (F) ED JENKINS NATIONAL RECREATION

18 AREA CLUSTER.—Certain land in the Chat19 tahoochee National Forest, Toccoa and 

20 Chestatee Ranger Districts, totaling approxi21 mately 19,300 acres, known as the ‘‘Ed Jenkins 

22 National Recreation Area Cluster’’, comprised 

23 of the Springer Mountain, Mill Creek, and 

24 Toonowee parcels, 30 miles north of the town 
48

•S 1938 IS 

1 of Dahlonega, in Fannin County, Dawson 

2 County, and Lumpkin County. 

3 (G) GAINESVILLE RIDGES CLUSTER.—Cer4 tain land in the Chattahoochee National Forest, 

5 Chattooga Ranger District, totaling approxi6 mately 14,200 acres, known as the ‘‘Gainesville 

7 Ridges Cluster’’, comprised of 3 parcels known 

8 as ‘‘Panther Creek’’, ‘‘Tugaloo Uplands’’, and 

9 ‘‘Middle Fork Broad River’’, approximately 10 

10 miles from the town of Toccoa, in Habersham 

11 County and Stephens County. 

12 (H) NORTHERN BLUE RIDGE CLUSTER, 

13 GEORGIA AREAS.—Certain land in the Chat14 tahoochee National Forest, Brasstown and 

15 Tallulah Ranger Districts, totaling approxi16 mately 46,000 acres, known as the ‘‘Northern 

17 Blue Ridge Cluster, Georgia Areas’’, comprised 

18 of 8 areas known as ‘‘Andrews Cove’’, ‘‘Anna 

19 Ruby Falls Scenic Area Extension’’, ‘‘High 

20 Shoals’’, ‘‘Tray Mountain Extension’’, ‘‘Kelly 

21 Ridge-Moccasin Creek’’, ‘‘Buzzard Knob’’, 

22 ‘‘Southern Nantahala Extension’’, and ‘‘Patter23 son Gap’’, approximately 5 to 15 miles north of 

24 Helen, 5 to 15 miles southeast of Hiawassee, 
49

•S 1938 IS 

1 north of Clayton, and west of Dillard, in White 

2 County, Towns County, and Rabun County. 

3 (I) RICH MOUNTAIN CLUSTER.—Certain 

4 land in the Chattahoochee National Forest, 

5 Toccoa Ranger District, totaling approximately 

6 9,500 acres, known as the ‘‘Rich Mountain 

7 Cluster’’, comprised of the parcels known as 

8 ‘‘Rich Mountain Extension’’ and ‘‘Rocky Moun9 tain’’, located 10 to 15 miles northeast of the 

10 town of Ellijay, in Gilmer County and Fannin 

11 County. 

12 (J) WILDERNESS HEARTLANDS CLUSTER, 

13 GEORGIA AREAS.—Certain land in the Chat14 tahoochee National Forest, Chestatee, 

15 Brasstown and Chattooga Ranger Districts, to16 taling approximately 16,500 acres, known as 

17 the ‘‘Wilderness Heartlands Cluster, Georgia 

18 Areas’’, comprised of 4 parcels known as the 

19 ‘‘Blood Mountain Extensions’’, ‘‘Raven Cliffs 

20 Extensions’’, ‘‘Mark Trail Extensions’’, and 

21 ‘‘Brasstown Extensions’’, near the towns of 

22 Dahlonega, Cleveland, Helen, and Blairsville, in 

23 Lumpkin County, Union County, White County, 

24 and Towns County. 

25 (8) IDAHO.—
50

•S 1938 IS 

1 (A) COVE/MALLARD.—Certain land in the 

2 Nez Perce National Forest, totaling approxi3 mately 94,000 acres, located approximately 30 

4 miles southwest of the town of Elk City, and 

5 west of the town of Dixie, in the area generally 

6 known as ‘‘Cove/Mallard’’. 

7 (B) MEADOW CREEK.—Certain land in the 

8 Nez Perce National Forest, totaling approxi9 mately 180,000 acres, located approximately 8 

10 miles east of the town of Elk City in the area 

11 generally known as ‘‘Meadow Creek’’. 

12 (C) FRENCH CREEK/PATRICK BUTTE.—

13 Certain land in the Payette National Forest, to14 taling approximately 141,000 acres, located ap15 proximately 20 miles north of the town of 

16 McCall in the area generally known as ‘‘French 

17 Creek/Patrick Butte’’. 

18 (9) ILLINOIS.—

19 (A) CRIPPS BEND.—Certain land in the 

20 Shawnee National Forest, totaling approxi21 mately 39 acres, located in Jackson County in 

22 the Big Muddy River watershed, in the area 

23 generally known as ‘‘Cripps Bend’’. 

24 (B) OPPORTUNITY AREA 6.—Certain land 

25 in the Shawnee National Forest, totaling ap-
51

•S 1938 IS 

1 proximately 50,000 acres, located in northern 

2 Pope County surrounding Bell Smith Springs 

3 Natural Area, in the area generally known as 

4 ‘‘Opportunity Area 6’’. 

5 (C) QUARREL CREEK.—Certain land in the 

6 Shawnee National Forest, totaling approxi7 mately 490 acres, located in northern Pope 

8 County in the Quarrel Creek watershed, in the 

9 area generally known as ‘‘Quarrel Creek’’. 

10 (10) MICHIGAN: TRAP HILLS.—Certain land in 

11 the Ottawa National Forest, Bergland Ranger Dis12 trict, totaling approximately 37,120 acres, known as 

13 the ‘‘Trap Hills’’, located approximately 5 miles 

14 from the town of Bergland, in Ontonagon County. 

15 (11) MINNESOTA.—

16 (A) TROUT LAKE AND SUOMI HILLS.—Cer17 tain land in the Chippewa National Forest, to18 taling approximately 12,000 acres, known as 

19 ‘‘Trout Lake/Suomi Hills’’ in Itasca County. 

20 (B) LULLABY WHITE PINE RESERVE.—

21 Certain land in the Superior National Forest, 

22 Gunflint Ranger District, totaling approxi23 mately 2,518 acres, in the South Brule Oppor24 tunity Area, northwest of Grand Marais in 
52

•S 1938 IS 

1 Cook County, known as the ‘‘Lullaby White 

2 Pine Reserve’’. 

3 (12) MISSOURI: ELEVEN POINT-BIG SPRINGS

4 AREA.—Certain land in the Mark Twain National 

5 Forest, Eleven Point Ranger District, totaling ap6 proximately 200,000 acres, comprised of the admin7 istrative area of the Eleven Point Ranger District, 

8 known as the ‘‘Eleven Point-Big Springs Area’’. 

9 (13) MONTANA: MOUNT BUSHNELL.—Certain 

10 land in the Lolo National Forest, totaling approxi11 mately 41,000 acres, located approximately 5 miles 

12 southwest of the town of Thompson Falls in the 

13 area generally known as ‘‘Mount Bushnell’’. 

14 (14) NEW MEXICO.—

15 (A) ANGOSTURA.—Certain land in the 

16 eastern half of the Carson National Forest, Ca17 mino Real Ranger District, totaling approxi18 mately 10,000 acres, located in Township 21, 

19 Ranges 12 and 13, known as ‘‘Angostura’’, and 

20 bounded—

21 (i) on the northeast, by Highway 518; 

22 (ii) on the southeast, by the Angos23 tura Creek watershed boundary; 

24 (iii) on the southern side, by Trail 19 

25 and the Pecos Wilderness; and 
53

•S 1938 IS 

1 (iv) on the west, by the Agua Piedra 

2 Creek watershed. 

3 (B) LA MANGA.—Certain land in the west4 ern half of the Carson National Forest, El Rito 

5 Ranger District, at the Vallecitos Sustained 

6 Yield Unit, totaling approximately 5,400 acres, 

7 known as ‘‘La Manga’’, in Township 27, Range 

8 6, and bounded—

9 (i) on the north, by the Tierra 

10 Amarilla Land Grant; 

11 (ii) on the south, by Canada 

12 Escondida; 

13 (iii) on the west, by the Sustained 

14 Yield Unit boundary and the Tierra 

15 Amarilla Land Grant; and 

16 (iv) on the east, by the Rio Vallecitos. 

17 (C) ELK MOUNTAIN.—Certain land in the 

18 Santa Fe National Forest, totaling approxi19 mately 7,220 acres, known as ‘‘Elk Mountain’’ 

20 located in Townships 17 and 18 and Ranges 12 

21 and 13, and bounded—

22 (i) on the north, by the Pecos Wilder23 ness; 

24 (ii) on the east, by the Cow Creek 

25 Watershed; 
54

•S 1938 IS 

1 (iii) on the west, by the Cow Creek; 

2 and 

3 (iv) on the south, by Rito de la Osha. 

4 (D) JEMEZ HIGHLANDS.—Certain land in 

5 the Jemez Ranger District of the Santa Fe Na6 tional Forest, totaling approximately 54,400 

7 acres, known as the ‘‘Jemez Highlands’’, lo8 cated primarily in Sandoval County. 

9 (15) NORTH CAROLINA.—

10 (A) CENTRAL NANTAHALA CLUSTER, 

11 NORTH CAROLINA AREAS.—Certain land in the 

12 Nantahala National Forest, Tusquitee, Cheoah, 

13 and Wayah Ranger Districts, totaling approxi14 mately 107,000 acres, known as the ‘‘Central 

15 Nantahala Cluster, North Carolina Areas’’, 

16 comprised of 9 parcels known as ‘‘Tusquitee 

17 Bald’’, ‘‘Shooting Creek Bald’’, ‘‘Cheoah Bald’’, 

18 ‘‘Piercy Bald’’, ‘‘Wesser Bald’’, ‘‘Tellico Bald’’, 

19 ‘‘Split White Oak’’, ‘‘Siler Bald’’, and ‘‘South20 ern Nantahala Extensions’’, near the towns of 

21 Murphy, Franklin, Bryson City, Andrews, and 

22 Beechertown, in Cherokee County, Macon 

23 County, Clay County, and Swain County. 

24 (B) CHATTOOGA WATERSHED CLUSTER, 

25 NORTH CAROLINA AREAS.—Certain land in the
55

•S 1938 IS 

1 Nantahala National Forest, Highlands Ranger 

2 District, totaling approximately 8,000 acres, 

3 known as the ‘‘Chattooga Watershed Cluster, 

4 North Carolina Areas’’, comprised of the Over5 flow (Blue Valley) and Terrapin Mountain par6 cels, 5 miles from the town of Highlands, in 

7 Macon County and Jackson County. 

8 (C) TENNESSEE BORDER CLUSTER, NORTH

9 CAROLINA AREAS.—Certain land in the 

10 Nantahala National Forest, Tusquitee and 

11 Cheoah Ranger Districts, totaling approxi12 mately 28,000 acres, known as the ‘‘Tennessee 

13 Border Cluster, North Carolina Areas’’, com14 prised of the 4 parcels known as the ‘‘Unicoi 

15 Mountains’’, ‘‘Deaden Tree’’, ‘‘Snowbird’’, and 

16 ‘‘Joyce Kilmer-Slickrock Extension’’, near the 

17 towns of Murphy and Robbinsville, in Cherokee 

18 County and Graham County. 

19 (D) BALD MOUNTAINS.—Certain land in 

20 the Pisgah National Forest, French Broad 

21 Ranger District, totaling approximately 13,000 

22 acres known as the ‘‘Bald Mountains’’, located 

23 12 miles northeast of the town of Hot Springs, 

24 in Madison County. 
56

•S 1938 IS 

1 (E) BIG IVY TRACT.—Certain land in the 

2 Pisgah National Forest, totaling approximately 

3 14,000 acres, located approximately 15 miles 

4 west of Mount Mitchell in the area generally 

5 known as the ‘‘Big Ivy Tract’’. 

6 (F) BLACK MOUNTAINS CLUSTER, NORTH

7 CAROLINA AREAS.—Certain land in the Pisgah 

8 National Forest, Toecane and Grandfather 

9 Ranger Districts, totaling approximately 62,000 

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

11 North Carolina Areas’’, comprised of 5 parcels 

12 known as ‘‘Craggy Mountains’’, ‘‘Black Moun13 tains’’, ‘‘Jarrett Creek’’, ‘‘Mackey Mountain’’, 

14 and ‘‘Woods Mountain’’, near the towns of 

15 Burnsville, Montreat and Marion, in Buncombe 

16 County, Yancey County, and McDowell County. 

17 (G) LINVILLE CLUSTER.—Certain land in 

18 the Pisgah National Forest, Grandfather Dis19 trict, totaling approximately 42,000 acres, 

20 known as the ‘‘Linville Cluster’’, comprised of 

21 7 parcels known as ‘‘Dobson Knob’’, ‘‘Linville 

22 Gorge Extension’’, ‘‘Steels Creek’’, ‘‘Sugar 

23 Knob’’, ‘‘Harper Creek’’, ‘‘Lost Cove’’, and 

24 ‘‘Upper Wilson Creek’’, near the towns of Mar25 ion, Morgantown, Spruce Pine, Linville, and 
57

•S 1938 IS 

1 Blowing Rock, in Burke County, McDowell 

2 County, Avery County, and Caldwell County. 

3 (H) NOLICHUCKY, NORTH CAROLINA

4 AREA.—Certain land in the Pisgah National 

5 Forest, Toecane Ranger District, totaling ap6 proximately 4,000 acres, known as the 

7 ‘‘Nolichucky, North Carolina Area’’, located 25 

8 miles northwest of Burnsville, in Mitchell Coun9 ty and Yancey County. 

10 (I) PISGAH CLUSTER, NORTH CAROLINA

11 AREAS.—Certain land in the Pisgah National 

12 Forest, Pisgah Ranger District, totaling ap13 proximately 52,000 acres, known as the ‘‘Pis14 gah Cluster, North Carolina Areas’’, comprised 

15 of 5 parcels known as ‘‘Shining Rock and Mid16 dle Prong Extensions’’, ‘‘Daniel Ridge’’, ‘‘Cedar 

17 Rock Mountain’’, ‘‘South Mills River’’, and 

18 ‘‘Laurel Mountain’’, 5 to 12 miles north of the 

19 town of Brevard and southwest of the city of 

20 Asheville, in Haywood County, Transylvania 

21 County, and Henderson County. 

22 (J) WILDCAT.—Certain land in the Pisgah 

23 National Forest, French Broad Ranger Dis24 trict, totaling approximately 6,500 acres, known 
58

•S 1938 IS 

1 as ‘‘Wildcat’’, located 20 miles northwest of the 

2 town of Canton, in Haywood County. 

3 (16) OHIO.—

4 (A) ARCHERS FORK COMPLEX.—Certain 

5 land in the Marietta Unit of the Athens Ranger 

6 District, in the Wayne National Forest, in 

7 Washington County, known as ‘‘Archers Fork 

8 Complex’’, totaling approximately 18,350 acres, 

9 located northeast of Newport and bounded—

10 (i) on the northwest, by State High11 way 26; 

12 (ii) on the northeast, by State High13 way 260; 

14 (iii) on the southeast, by the Ohio 

15 River; and 

16 (iv) on the southwest, by Bear Run 

17 and Danas Creek. 

18 (B) BLUEGRASS RIDGE.—Certain land in 

19 the Ironton Ranger District on the Wayne Na20 tional Forest, in Lawrence County, known as 

21 ‘‘Bluegrass Ridge’’, totaling approximately 

22 4,000 acres, located 3 miles east of Etna in 

23 Township 4 North, Range 17 West, Sections 19 

24 through 23 and 27 through 30. 
59

•S 1938 IS 

1 (C) BUFFALO CREEK.—Certain land in the 

2 Ironton Ranger District of the Wayne National 

3 Forest, Lawrence County, Ohio, known as 

4 ‘‘Buffalo Creek’’, totaling approximately 6500 

5 acres, located 4 miles northwest of Waterloo in 

6 Township 5 North, Ranger 17 West, sections 3 

7 through 10 and 15 through 18. 

8 (D) LAKE VESUVIUS.—Certain land in the 

9 Ironton Ranger District of the Wayne National 

10 Forest, in Lawrence County, totaling approxi11 mately 4,900 acres, generally known as ‘‘Lake 

12 Vesuvius’’, located to the east of Etna in Town13 ship 2 North, Range 18 West, and bounded—

14 (i) on the southwest, by State High15 way 93; and 

16 (ii) on the northwest, by State High17 way 4. 

18 (E) MORGAN SISTERS.—Certain land in 

19 the Ironton Ranger District of the Wayne Na20 tional Forest, in Lawrence County, known as 

21 ‘‘Morgan Sisters’’, totaling approximately 2,500 

22 acres, located 1 mile east of Gallia and bounded 

23 by State Highway 233 in Township 6 North, 

24 Range 17 West, sections 13, 14, 23 and 24 and
60

•S 1938 IS 

1 Township 5 North, Range 16 West, sections 18 

2 and 19. 

3 (F) UTAH RIDGE.—Certain land in the 

4 Athens Ranger District of the Wayne National 

5 Forest, in Athens County, known as ‘‘Utah 

6 Ridge’’, totaling approximately 9,000 acres, lo7 cated 1 mile northwest of Chauncey and bound8 ed—

9 (i) on the southeast, by State High10 way 682 and State Highway 13; 

11 (ii) on the southwest, by US Highway 

12 33 and State Highway 216; and 

13 (iii) on the north, by State Highway 

14 665. 

15 (G) WILDCAT HOLLOW.—Certain land in 

16 the Athens Ranger District of the Wayne Na17 tional Forest, in Perry County and Morgan 

18 County, known as ‘‘Wildcat Hollow’’, totaling 

19 approximately 4,500 acres, located 1 mile east 

20 of Corning in Township 12 North, Range 14 

21 West, sections 1, 2, 11–14, 23 and 24 and 

22 Township 8 North, Range 13 West, sections 7, 

23 18, and 19. 

24 (17) OKLAHOMA: COW CREEK DRAINAGE, OKLA25 HOMA.—Certain land in the Ouachita National For-
61

•S 1938 IS 

1 est, Mena Ranger District, in Le Flore County, to2 taling approximately 3,000 acres, known as ‘‘Cow 

3 Creek Drainage, Oklahoma’’, and bounded approxi4 mately—

5 (A) on the west, by the Beech Creek Na6 tional Scenic Area; 

7 (B) on the north, by State Highway 63; 

8 (C) on the east, by the Arkansas-Okla9 homa border; and 

10 (D) on the south, by County Road 9038 on 

11 the south. 

12 (18) OREGON: APPLEGATE WILDERNESS.—Cer13 tain land in the Siskiyou National Forest and Rogue 

14 River National Forest, totaling approximately 

15 20,000 acres, approximately 20 miles southwest of 

16 the town of Grants Pass and 10 miles south of the 

17 town of Williams, in the area generally known as the 

18 ‘‘Applegate Wilderness’’. 

19 (19) PENNSYLVANIA.—

20 (A) THE BEAR CREEK SPECIAL AREA.—

21 Certain land in the Allegheny National Forest, 

22 Marienville Ranger District, Elk County, total23 ing approximately 7,800 acres, and comprised 

24 of Allegheny National Forest land bounded—
62

•S 1938 IS 

1 (i) on the west, by Forest Service 

2 Road 136; 

3 (ii) on the north, by Forest Service 

4 Roads 339 and 237; 

5 (iii) on the east, by Forest Service 

6 Road 143; and 

7 (iv) on the south, by Forest Service 

8 Road 135. 

9 (B) THE BOGUS ROCKS SPECIAL AREA.—

10 Certain land in the Allegheny National Forest, 

11 Marienville Ranger District, Forest County, to12 taling approximately 1,015 acres, and com13 prised of Allegheny National Forest land in 

14 compartment 714 bounded—

15 (i) on the northeast and east, by State 

16 Route 948; 

17 (ii) on the south, by State Route 66; 

18 (iii) 0n the southwest and west, by 

19 Township Road 370; 

20 (iv) on the northwest, by Forest Serv21 ice Road 632; and 

22 (v) on the north, by a pipeline. 

23 (C) THE CHAPPEL FORK SPECIAL AREA.—

24 Certain land in the Allegheny National Forest, 

25 Bradford Ranger District, McKean County, to-
63

•S 1938 IS 

1 taling approximately 10,000 acres, and com2 prised of Allegheny National Forest land 

3 bounded—

4 (i) on the south and southeast, by 

5 State Road 321; 

6 (ii) on the south, by Chappel Bay; 

7 (iii) on the west, by the Allegheny 

8 Reservoir; 

9 (iv) on the north, by State Route 59; 

10 and 

11 (v) on the east, by private land. 

12 (D) THE FOOLS CREEK SPECIAL AREA.—

13 Certain land in the Allegheny National Forest, 

14 Bradford Ranger District, Warren County, to15 taling approximately 1,500 acres, and com16 prised of Allegheny National Forest land south 

17 and west of Forest Service Road 255 and west 

18 of FR 255A, bounded—

19 (i) on the west, by Minister Road; and 

20 (ii) on the south, by private land. 

21 (E) THE HICKORY CREEK SPECIAL

22 AREA.—Certain land in the Allegheny National 

23 Forest, Bradford Ranger District, Warren 

24 County, totaling approximately 2,000 acres, and 
64

•S 1938 IS 

1 comprised of Allegheny National Forest land 

2 bounded—

3 (i) on the east and northeast, by 

4 Heart’s Content Road; 

5 (ii) on the south, by Hickory Creek 

6 Wilderness Area; 

7 (iii) on the northwest, by private land; 

8 and 

9 (iv) on the north, by Allegheny Front 

10 National Recreation Area. 

11 (F) THE LAMENTATION RUN SPECIAL

12 AREA.—Certain land in the Allegheny National 

13 Forest, Marienville Ranger District, Forest 

14 County, totaling approximately 4,500 acres, 

15 and—

16 (i) comprised of Allegheny National 

17 Forest land bounded—

18 (I) on the north, by Tionesta 

19 Creek; 

20 (II) on the east, by Salmon 

21 Creek; 

22 (III) on the southeast and south23 west, by private land; and 

24 (IV) on the south, by Forest 

25 Service Road 210; and
65

•S 1938 IS 

1 (ii) including the lower reaches of 

2 Bear Creek. 

3 (G) THE LEWIS RUN SPECIAL AREA.—Cer4 tain land in the Allegheny National Forest, 

5 Bradford Ranger District, McKean County, to6 taling approximately 500 acres, and comprised 

7 of Allegheny National Forest land north and 

8 east of Forest Service Road 312.3, including 

9 land known as the ‘‘Lewis Run Natural Area’’ 

10 and consisting of land within Compartment 

11 466, Stands 1–3, 5–8, 10–14, and 18–27. 

12 (H) THE MILL CREEK SPECIAL AREA.—

13 Certain land in the Allegheny National Forest, 

14 Marienville Ranger District, Elk County, total15 ing approximately 2,000 acres, and comprised 

16 of Allegheny National Forest land within a 1-

17 mile radius of the confluence of Red Mill Run 

18 and Big Mill Creek and known as the ‘‘Mill 

19 Creek Natural Area’’. 

20 (I) THE MILLSTONE CREEK SPECIAL

21 AREA.—Certain land in the Allegheny National 

22 Forest, Marienville Ranger District, Forest 

23 County, totaling approximately 30,000 acres, 

24 and comprised of Allegheny National Forest 

25 land bounded—
66

•S 1938 IS 

1 (i) on the north, by State Route 66; 

2 (ii) on the northeast, by Forest Serv3 ice Road 226; 

4 (iii) on the east, by Forest Service 

5 Roads 130, 774, and 228; 

6 (iv) on the southeast, by State Road 

7 3002 and Forest Service Road 189; 

8 (v) on the south, by the Clarion River; 

9 and 

10 (vi) on the southwest, west, and 

11 northwest, by private land. 

12 (J) THE MINISTER CREEK SPECIAL

13 AREA.—Certain land in the Allegheny National 

14 Forest, Bradford Ranger District, Warren 

15 County, totalling approximately 6,600 acres, 

16 and comprised of Allegheny National Forest 

17 land bounded—

18 (i) on the north, by a snowmobile 

19 trail; 

20 (ii) on the east, by Minister Road; 

21 (iii) on the south, by State Route 666 

22 and private land; 

23 (iv) on the southwest, by Forest Serv24 ice Road 420; and 
67

•S 1938 IS 

1 (v) on the west, by warrants 3109 and 

2 3014. 

3 (K) THE MUZETTE SPECIAL AREA.—Cer4 tain land in the Allegheny National Forest, 

5 Marienville Ranger District, Forest County, to6 taling approximately 325 acres, and comprised 

7 of Allegheny National Forest land bounded—

8 (i) on the west, by 79°16′ longitude, 

9 approximately; 

10 (ii) on the north, by Forest Service 

11 Road 561; 

12 (iii) on the east, by Forest Service 

13 Road 212; and 

14 (iv) on the south, by private land. 

15 (L) THE SUGAR RUN SPECIAL AREA.—Cer16 tain land in the Allegheny National Forest, 

17 Bradford Ranger District, McKean County, to18 taling approximately 8,800 acres, and com19 prised of Allegheny National Forest land 

20 bounded—

21 (i) on the north, by State Route 346 

22 and private land; 

23 (ii) on the east, by Forest Service 

24 Road 137; and 
68

•S 1938 IS 

1 (iii) on the south and west, by State 

2 Route 321. 

3 (M) THE TIONESTA SPECIAL AREA.—Cer4 tain land in the Allegheny National Forest, 

5 Bradford and Marienville Ranger Districts, Elk, 

6 Forest, McKean, and Warren Counties, total7 ling approximately 27,000 acres, and comprised 

8 of Allegheny National Forest land bounded—

9 (i) on the west, by private land and 

10 State Route 948; 

11 (ii) on the northwest, by Forest Serv12 ice Road 258; 

13 (iii) on the north, by Hoffman Farm 

14 Recreation Area and Forest Service Road 

15 486; 

16 (iv) on the northeast, by private land 

17 and State Route 6; 

18 (v) on the east, by private land south 

19 to Forest Road 133, then by snowmobile 

20 trail from Forest Road 133 to Windy City, 

21 then by private land and Forest Road 327 

22 to Russell City; and 

23 (vi) on the southwest, by State Routes 

24 66 and 948. 

25 (20) SOUTH CAROLINA.—
69

•S 1938 IS 

1 (A) BIG SHOALS, SOUTH CAROLINA

2 AREA.—Certain land in the Sumter National 

3 Forest, Andrew Pickens Ranger District, in 

4 Oconee County, totaling approximately 2,000 

5 acres, known as ‘‘Big Shoals, South Carolina 

6 Area’’, 15 miles south of Highlands, North 

7 Carolina. 

8 (B) BRASSTOWN CREEK, SOUTH CAROLINA

9 AREA.—Certain land in the Sumter National 

10 Forest, Andrew Pickens Ranger District, in 

11 Oconee County, totaling approximately 3,500 

12 acres, known as ‘‘Brasstown Creek, South 

13 Carolina Area’’, approximately 15 miles west of 

14 Westminster, South Carolina. 

15 (C) CHAUGA.—Certain land in the Sumter 

16 National Forest, Andrew Pickens Ranger Dis17 trict, in Oconee County, totaling approximately 

18 16,000 acres, known as ‘‘Chauga’’, approxi19 mately 10 miles west of Walhalla, South Caro20 lina. 

21 (D) DARK BOTTOMS.—Certain land in the 

22 Sumter National Forest, Andrew Pickens Rang23 er District, in Oconee County, totaling approxi24 mately 4,000 acres, known as ‘‘Dark Bottoms’’,
70

•S 1938 IS 

1 approximately 10 miles northwest of West2 minster, South Carolina. 

3 (E) ELLICOTT ROCK EXTENSION, SOUTH

4 CAROLINA AREA.—Certain land in the Sumter 

5 National Forest, Andrew Pickens Ranger Dis6 trict, in Oconee County, totaling approximately 

7 2,000 acres, known as ‘‘Ellicott Rock Exten8 sion, South Carolina Area’’, located approxi9 mately 10 miles south of Cashiers, North Caro10 lina. 

11 (F) FIVE FALLS, SOUTH CAROLINA

12 AREA.—Certain land in the Sumter National 

13 Forest, Andrew Pickens Ranger District, in 

14 Oconee County, totaling approximately 3,500 

15 acres, known as ‘‘Five Falls, South Carolina 

16 Area’’, approximately 10 miles southeast of 

17 Clayton, Georgia. 

18 (G) PERSIMMON MOUNTAIN.—Certain land 

19 in the Sumter National Forest, Andrew Pickens 

20 Ranger District, in Oconee County, totaling ap21 proximately 7,000 acres, known as ‘‘Persimmon 

22 Mountain’’, approximately 12 miles south of 

23 Cashiers, North Carolina. 

24 (H) ROCK GORGE, SOUTH CAROLINA

25 AREA.—Certain land in the Sumter National 
71

•S 1938 IS 

1 Forest, Andrew Pickens Ranger District, in 

2 Oconee County, totaling approximately 2,000 

3 acres, known as ‘‘Rock Gorge, South Carolina 

4 Area’’, 12 miles southeast of Highlands, North 

5 Carolina. 

6 (I) TAMASSEE.—Certain land in the Sum7 ter National Forest, Andrew Pickens Ranger 

8 District, in Oconee County, totaling approxi9 mately 5,500 acres, known as ‘‘Tamassee’’, ap10 proximately 10 miles north of Walhalla, South 

11 Carolina. 

12 (J) THRIFT’S FERRY, SOUTH CAROLINA

13 AREA.—Certain land in the Sumter National 

14 Forest, Andrew Pickens Ranger District, in 

15 Oconee County, totaling approximately 5,000 

16 acres, known as ‘‘Thrift’s Ferry, South Caro17 lina Area’’, 10 miles east of Clayton, Georgia. 

18 (21) SOUTH DAKOTA.—

19 (A) BLACK FOX AREA.—Certain land in 

20 the Black Hills National Forest, totaling ap21 proximately 12,400 acres, located in the upper 

22 reaches of the Rapid Creek watershed, known 

23 as the ‘‘Black Fox Area’’, and roughly bound24 ed—

25 (i) on the north, by FDR 206; 
72

•S 1938 IS 

1 (ii) on the south, by the steep slopes 

2 north of Forest Road 231; and 

3 (iii) on the west, by a fork of Rapid 

4 Creek. 

5 (B) BREAKNECK AREA.—Certain land in 

6 the Black Hills National Forest, totaling 6,700 

7 acres, located along the northeast edge of the 

8 Black Hills in the vicinity of the Black Hills 

9 National Cemetery and the Bureau of Land 

10 Management’s Fort Meade Recreation Area, 

11 known as the ‘‘Breakneck Area’’, and gen12 erally—

13 (i) bounded by Forest Roads 139 and 

14 169 on the north, west, and south; and 

15 (ii) demarcated along the eastern and 

16 western boundaries by the ridge-crests di17 viding the watershed. 

18 (C) NORBECK PRESERVE.—Certain land in 

19 the Black Hills National Forest, totaling ap20 proximately 27,766 acres, known as the 

21 ‘‘Norbeck Preserve’’, and encompassed approxi22 mately by a boundary that, starting at the 

23 southeast corner—

24 (i) runs north along FDR 753 and 

25 United States Highway Alt. 16, then along 
73

•S 1938 IS 

1 SD 244 to the junction of Palmer Creek 

2 Road, which serves generally as a north3 west limit; 

4 (ii) heads south from the junction of 

5 Highways 87 and 89; 

6 (iii) runs southeast along Highway 

7 87; and 

8 (iv) runs east back to FDR 753, ex9 cluding a corridor of private land along 

10 FDR 345. 

11 (D) PILGER MOUNTAIN AREA.—Certain 

12 land in the Black Hills National Forest, total13 ing approximately 12,600 acres, known as the 

14 ‘‘Pilger Mountain Area’’, located in the Elk 

15 Mountains on the southwest edge of the Black 

16 Hills, and roughly bounded—

17 (i) on the east and northeast, by For18 est Roads 318 and 319; 

19 (ii) on the north and northwest, by 

20 Road 312; and 

21 (iii) on the southwest, by private land. 

22 (E) STAGEBARN CANYONS.—Certain land 

23 in the Black Hills National Forest, known as 

24 ‘‘Stagebarn Canyons’’, totaling approximately
74

•S 1938 IS 

1 7,300 acres, approximately 10 miles west of 

2 Rapid City, South Dakota. 

3 (22) TENNESSEE.—

4 (A) BALD MOUNTAINS CLUSTER, TEN5 NESSEE AREAS.—Certain land in the 

6 Nolichucky and Unaka Ranger Districts of the 

7 Cherokee National Forest, in Cocke County, 

8 Green County, Washington County, and Unicoi 

9 County, totaling approximately 46,133 acres, 

10 known as the ‘‘Bald Mountains Cluster, Ten11 nessee Areas’’, and comprised of 10 parcels 

12 known as ‘‘Laurel Hollow Mountain’’, ‘‘Devil’s 

13 Backbone’’, ‘‘Laurel Mountain’’, ‘‘Walnut 

14 Mountain’’, ‘‘Wolf Creek’’, ‘‘Meadow Creek 

15 Mountain’’, ‘‘Brush Creek Mountain’’, ‘‘Paint 

16 Creek’’, ‘‘Bald Mountain’’, and ‘‘Sampson 

17 Mountain Extension’’, located near the towns of 

18 Newport, Hot Springs, Greeneville, and Erwin. 

19 (B) BIG FROG/COHUTTA CLUSTER.—Cer20 tain land in the Cherokee National Forest, in 

21 Polk County, Ocoee Ranger District, Hiwassee 

22 Ranger District, and Tennessee Ranger Dis23 trict, totaling approximately 28,800 acres, 

24 known as the ‘‘Big Frog/Cohutta Cluster’’, 

25 comprised of 4 parcels known as ‘‘Big Frog Ex-
75

•S 1938 IS 

1 tensions’’, ‘‘Little Frog Extensions’’, ‘‘Smith 

2 Mountain’’, and ‘‘Rock Creek’’, located near the 

3 towns of Copperhill, Ducktown, Turtletown, and 

4 Benton. 

5 (C) CITICO CREEK WATERSHED CLUSTER

6 TENNESSEE AREAS.—Certain land in the 

7 Tellico Ranger District of the Cherokee Na8 tional Forest, in Monroe County, totaling ap9 proximately 14,256 acres, known as the ‘‘Citico 

10 Creek Watershed Cluster, Tennessee Areas’’, 

11 comprised of 4 parcels known as ‘‘Flats Moun12 tain’’, ‘‘Miller Ridge’’, ‘‘Cowcamp Ridge’’, and 

13 ‘‘Joyce Kilmer-Slickrock Extension’’, near the 

14 town of Tellico Plains. 

15 (D) IRON MOUNTAINS CLUSTER.—Certain 

16 land in the Cherokee National Forest, Watauga 

17 Ranger District, totaling approximately 58,090 

18 acres, known as the ‘‘Iron Mountains Cluster’’, 

19 comprised of 8 parcels known as ‘‘Big Laurel 

20 Branch Addition’’, ‘‘Hickory Flat Branch’’, 

21 ‘‘Flint Mill’’, ‘‘Lower Iron Mountain’’, ‘‘Upper 

22 Iron Mountain’’, ‘‘London Bridge’’, 

23 ‘‘Beaverdam Creek’’, and ‘‘Rodgers Ridge’’, lo24 cated near the towns of Bristol and 
76

•S 1938 IS 

1 Elizabethton, in Sullivan County and Johnson 

2 County. 

3 (E) NORTHERN UNICOI MOUNTAINS CLUS4 TER.—Certain land in the Tellico Ranger Dis5 trict of the Cherokee National Forest, in Mon6 roe County, totaling approximately 30,453 

7 acres, known as the ‘‘Northern Unicoi Moun8 tain Cluster’’, comprised of 4 parcels known as 

9 ‘‘Bald River Gorge Extension’’, ‘‘Upper Bald 

10 River’’, ‘‘Sycamore Creek’’, and ‘‘Brushy 

11 Ridge’’, near the town of Tellico Plains. 

12 (F) ROAN MOUNTAIN CLUSTER.—Certain 

13 land in the Cherokee National Forest, Unaka 

14 and Watauga Ranger Districts, totaling ap15 proximately 23,725 acres known as the ‘‘Roan 

16 Mountain Cluster’’, comprised of 7 parcels 

17 known as ‘‘Strawberry Mountain’’, ‘‘Highlands 

18 of Roan’’, ‘‘Ripshin Ridge’’, ‘‘Doe River Gorge 

19 Scenic Area’’, ‘‘White Rocks Mountain’’, ‘‘Slide 

20 Hollow’’ and ‘‘Watauga Reserve’’, approxi21 mately 8 to 20 miles south of the town of 

22 Elizabethton, in Unicoi County, Carter County, 

23 and Johnson County. 

24 (G) SOUTHERN UNICOI MOUNTAINS CLUS25 TER.—Certain land in the Hiwassee Ranger 
77

•S 1938 IS 

1 District of the Cherokee National Forest, in 

2 Polk County, Monroe County, and McMinn 

3 County, totaling approximately 11,251 acres, 

4 known as the ‘‘Southern Unicoi Mountains 

5 Cluster’’, comprised of 3 parcels known as ‘‘Gee 

6 Creek Extension’’, ‘‘Coker Creek’’, and ‘‘Buck 

7 Bald’’, near the towns of Etowah, Benton, and 

8 Turtletown. 

9 (H) UNAKA MOUNTAINS CLUSTER, TEN10 NESSEE AREAS.—Certain land in the Cherokee 

11 National Forest, Unaka Ranger District, total12 ing approximately 15,669 acres, known as the 

13 ‘‘Unaka Mountains Cluster, Tennessee Areas’’, 

14 comprised of 3 parcels known as ‘‘Nolichucky’’, 

15 ‘‘Unaka Mountain Extension’’, and ‘‘Stone 

16 Mountain’’, approximately 8 miles from Erwin, 

17 in Unicoi County and Carter County. 

18 (23) TEXAS: LONGLEAF RIDGE.—Certain land 

19 in the Angelina National Forest, in Jasper County 

20 and Angelina County, totaling approximately 30,000 

21 acres, generally known as ‘‘Longleaf Ridge’’, and 

22 bounded—

23 (A) on the west, by Upland Island Wilder24 ness Area; 

25 (B) on the south, by the Neches River; and 
78

•S 1938 IS 

1 (C) on the northeast, by Sam Rayburn 

2 Reservoir. 

3 (24) VERMONT.—

4 (A) GLASTENBURY AREA.—Certain land in 

5 the Green Mountain National Forest, totaling 

6 approximately 35,000 acres, located 3 miles 

7 northeast of Bennington, generally known as 

8 the ‘‘Glastenbury Area’’, and bounded— 

9 (i) on the north, by Kelly Stand Road; 

10 (ii) on the east, by Forest Road 71; 

11 (iii) on the south, by Route 9; and 

12 (iv) on the west, by Route 7. 

13 (B) LAMB BROOK.—Certain land in the 

14 Green Mountain National Forest, totaling ap15 proximately 5,500 acres, located 3 miles south16 west of Wilmington, generally known as ‘‘Lamb 

17 Brook’’, and bounded—

18 (i) on the west, by Route 8; 

19 (ii) on the south, by Route 100; 

20 (iii) on the north, by Route 9; and 

21 (iv) on the east, by land owned by 

22 New England Power Company. 

23 (C) ROBERT FROST MOUNTAIN AREA.—

24 Certain land in the Green Mountain National 

25 Forest, totaling approximately 8,500 acres,
79

•S 1938 IS 

1 known as ‘‘Robert Frost Mountain Area’’, lo2 cated northeast of Middlebury, consisting of the 

3 Forest Service land bounded—

4 (i) on the west, by Route 116; 

5 (ii) on the north, by Bristol Notch 

6 Road; 

7 (iii) on the east, by Lincoln/Ripton 

8 Road; and 

9 (iv) on the south, by Route 125. 

10 (25) VIRGINIA.— 

11 (A) BEAR CREEK.—Certain land in the 

12 Jefferson National Forest, Wythe Ranger Dis13 trict, known as ‘‘Bear Creek’’, north of Rural 

14 Retreat, in Smyth County and Wythe County. 

15 (B) CAVE SPRINGS.—Certain land in the 

16 Jefferson National Forest, Clinch Ranger Dis17 trict, totaling approximately 3,000 acres, known 

18 as ‘‘Cave Springs’’, between State Route 621 

19 and the North Fork of the Powell River, in Lee 

20 County. 

21 (C) DISMAL CREEK.—Certain land totaling 

22 approximately 6,000 acres, in the Jefferson Na23 tional Forest, Blacksburg Ranger District, 

24 known as ‘‘Dismal Creek’’, north of State 

25 Route 42, in Giles County and Bland County. 
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1 (D) STONE COAL CREEK.—Certain land in 

2 the Jefferson National Forest, New Castle 

3 Ranger District, totaling approximately 2,000 

4 acres, known as ‘‘Stone Coal Creek’’, in Craig 

5 County and Botentourt County. 

6 (E) WHITE OAK RIDGE: TERRAPIN MOUN7 TAIN.—Certain land in the Glenwood Ranger 

8 District of the Jefferson National Forest, 

9 known as ‘‘White Oak Ridge—Terrapin Moun10 tain’’, totaling approximately 8,000 acres, east 

11 of the Blue Ridge Parkway, in Botentourt 

12 County and Rockbridge County. 

13 (F) WHITETOP MOUNTAIN.—Certain land 

14 in the Jefferson National Forest, Mt. Rodgers 

15 Recreation Area, totaling 3,500 acres, known as 

16 ‘‘Whitetop Mountain’’, in Washington County, 

17 Smyth County, and Grayson County. 

18 (G) WILSON MOUNTAIN.—Certain land 

19 known as ‘‘Wilson Mountain’’, in the Jefferson 

20 National Forest, Glenwood Ranger District, to21 taling approximately 5,100 acres, east of Inter22 state 81, in Botentourt County and Rockbridge 

23 County. 

24 (H) FEATHERCAMP.—Certain land in the 

25 Mt. Rodgers Recreation Area of the Jefferson 
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•S 1938 IS 

1 National Forest, totaling 4,974 acres, known as 

2 ‘‘Feathercamp’’, located northeast of the town 

3 of Damascus and north of State Route 58 on 

4 the Feathercamp ridge, in Washington County. 

5 (26) WISCONSIN.—

6 (A) FLYNN LAKE.—Certain land in the 

7 Chequamegon-Nicolet National Forest, 

8 Washburn Ranger District, totaling approxi9 mately 5,700 acres, known as ‘‘Flynn Lake’’, in 

10 the Flynn Lake semi-primitive nonmotorized 

11 area, in Bayfield County. 

12 (B) GHOST LAKE CLUSTER.—Certain land 

13 in the Chequamegon-Nicolet National Forest, 

14 Great Divide Ranger District, totaling approxi15 mately 6,000 acres, known as ‘‘Ghost Lake 

16 Cluster’’, including 5 parcels known as ‘‘Ghost 

17 Lake’’, ‘‘Perch Lake’’, ‘‘Lower Teal River’’, 

18 ‘‘Foo Lake’’, and ‘‘Bulldog Springs’’, in Sawyer 

19 County. 

20 (C) LAKE OWENS CLUSTER.—Certain land 

21 in the Chequamegon-Nicolet National Forest, 

22 Great Divide and Washburn Ranger Districts, 

23 totaling approximately 3,600 acres, known as 

24 ‘‘Lake Owens Cluster’’, comprised of parcels 

25 known as ‘‘Lake Owens’’, ‘‘Eighteenmile 
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•S 1938 IS 

1 Creek’’, ‘‘Northeast Lake’’, and ‘‘Sugarbush 

2 Lake’’, in Bayfield County. 

3 (D) MEDFORD CLUSTER.—Certain land in 

4 the Chequamegon-Nicolet National Forest, 

5 Medford-Park Falls Ranger District, totaling 

6 approximately 23,000 acres, known as the 

7 ‘‘Medford Cluster’’, comprised of 12 parcels 

8 known as ‘‘County E Hardwoods’’, ‘‘Silver 

9 Creek/Mondeaux River Bottoms’’, ‘‘Lost Lake 

10 Esker’’, ‘‘North and South Fork Yellow Riv11 ers’’, ‘‘Bear Creek’’, ‘‘Brush Creek’’, 

12 ‘‘Chequamegon Waters’’, ‘‘John’s and Joseph 

13 Creeks’’, ‘‘Hay Creek Pine-Flatwoods’’, ‘‘558 

14 Hardwoods’’, ‘‘Richter Lake’’, and ‘‘Lower Yel15 low River’’, in Taylor County. 

16 (E) PARK FALLS CLUSTER.—Certain land 

17 in the Chequamegon-Nicolet National Forest, 

18 Medford-Park Falls Ranger District, totaling 

19 approximately 23,000 acres, known as ‘‘Park 

20 Falls Cluster’’, comprised of 11 parcels known 

21 as ‘‘Sixteen Lakes’’, ‘‘Chippewa Trail’’, ‘‘Tuck22 er and Amik Lakes’’, ‘‘Lower Rice Creek’’, 

23 ‘‘Doering Tract’’, ‘‘Foulds Creek’’, ‘‘Bootjack 

24 Conifers’’, ‘‘Pond’’, ‘‘Mud and Riley Lake 
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•S 1938 IS 

1 Peatlands’’, ‘‘Little Willow Drumlin’’, and ‘‘Elk 

2 River’’, in Price County and Vilas County. 

3 (F) PENOKEE MOUNTAIN CLUSTER.—Cer4 tain land in the Chequamegon-Nicolet National 

5 Forest, Great Divide Ranger District, totaling 

6 approximately 23,000 acres, known as 

7 ‘‘Penokee Mountain Cluster’’, comprised of—

8 (i) the Marengo River and 

9 Brunsweiler River semi-primitive non10 motorized areas; and 

11 (ii) parcels known as ‘‘St. Peters 

12 Dome’’, ‘‘Brunsweiler River Gorge’’, ‘‘Lake 

13 Three’’, ‘‘Hell Hole Creek’’, and ‘‘North 

14 Country Trail Hardwoods’’, in Ashland 

15 County and Bayfield County. 

16 (G) SOUTHEAST GREAT DIVIDE CLUS17 TER.—Certain land in the Chequamegon18 Nicolet National Forest, Medford Park Falls 

19 Ranger District, totaling approximately 25,000 

20 acres, known as the ‘‘Southeast Great Divide 

21 Cluster’’, comprised of parcels known as 

22 ‘‘Snoose Lake’’, ‘‘Cub Lake’’, ‘‘Springbrook 

23 Hardwoods’’, ‘‘Upper Moose River’’, ‘‘East 

24 Fork Chippewa River’’, ‘‘Upper Torch River’’, 

25 ‘‘Venison Creek’’, ‘‘Upper Brunet River’’,
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•S 1938 IS 

1 ‘‘Bear Lake Slough’’, and ‘‘Noname Lake’’, in 

2 Ashland County and Sawyer County. 

3 (H) DIAMOND ROOF CLUSTER.—Certain 

4 land in the Chequamegon-Nicolet National For5 est, Lakewood-Laona Ranger District, totaling 

6 approximately 6,000 acres, known as ‘‘Diamond 

7 Roof Cluster’’, comprised of 4 parcels known as 

8 ‘‘McCaslin Creek’’, ‘‘Ada Lake’’, ‘‘Section 10 

9 Lake’’, and ‘‘Diamond Roof’’, in Forest County, 

10 Langlade County, and Oconto County. 

11 (I) ARGONNE FOREST CLUSTER.—Certain 

12 land in the Chequamegon-Nicolet National For13 est, Eagle River-Florence Ranger District, to14 taling approximately 12,000 acres, known as 

15 ‘‘Argonne Forest Cluster’’, comprised of parcels 

16 known as ‘‘Argonne Experimental Forest’’, 

17 ‘‘Scott Creek’’, ‘‘Atkins Lake’’, and ‘‘Island 

18 Swamp’’, in Forest County. 

19 (J) BONITA GRADE.—Certain land in the 

20 Chequamegon-Nicolet National Forest, Lake21 wood-Laona Ranger District, totaling approxi22 mately 1,200 acres, known as ‘‘Bonita Grade’’, 

23 comprised of parcels known as ‘‘Mountain 

24 Lakes’’, ‘‘Temple Lake’’, ‘‘Second South 
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•S 1938 IS 

1 Branch’’, ‘‘First South Branch’’, and ‘‘South 

2 Branch Oconto River’’, in Langlade County. 

3 (K) FRANKLIN AND BUTTERNUT LAKES

4 CLUSTER.—Certain land in the Chequamegon5 Nicolet National Forest, Eagle River-Florence 

6 Ranger District, totaling approximately 12,000 

7 acres, known as ‘‘Franklin and Butternut 

8 Lakes Cluster’’, comprised of 8 parcels known 

9 as ‘‘Bose Lake Hemlocks’’, ‘‘Luna White 

10 Deer’’, ‘‘Echo Lake’’, ‘‘Franklin and Butternut 

11 Lakes’’, ‘‘Wolf Lake’’, ‘‘Upper Ninemile’’, 

12 ‘‘Meadow’’, and ‘‘Bailey Creeks’’, in Forest 

13 County and Oneida County. 

14 (L) LAUTERMAN LAKE AND KIEPER

15 CREEK.—Certain land in the Chequamegon16 Nicolet National Forest, Eagle River-Florence 

17 Ranger District, totaling approximately 2,500 

18 acres, known as ‘‘Lauterman Lake and Kieper 

19 Creek’’, in Florence County. 

20 (27) WYOMING: SAND CREEK AREA.—

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

22 Black Hills National Forest, totaling approxi23 mately 8,300 acres known as the ‘‘Sand Creek 

24 area’’, located in Crook County, in the far 

25 northwest corner of the Black Hills. 
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•S 1938 IS 

1 (B) BOUNDARY.—Beginning in the north2 west corner and proceeding counterclockwise, 

3 the boundary for the Sand Creek Area roughly 

4 follows— 

5 (i) forest Roads 863, 866, 866.1B; 

6 (ii) a line linking forest roads 866.1B 

7 and 802.1B; 

8 (iii) forest road 802.1B; 

9 (iv) forest road 802.1; 

10 (v) an unnamed road; 

11 (vi) Spotted Tail Creek (excluding all 

12 private land); 

13 (vii) forest road 829.1; 

14 (viii) a line connecting forest roads 

15 829.1 and 864; 

16 (ix) forest road 852.1; and 

17 (x) a line connecting forest roads 

18 852.1 and 863. 

19 (d) COMMITTEE OF SCIENTISTS.—

20 (1) ESTABLISHMENT.—The Secretaries con21 cerned shall appoint a committee consisting of sci22 entists who—

23 (A) are not officers or employees of the 

24 Federal Government; 
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•S 1938 IS 

1 (B) are not officers or employees of any 

2 entity engaged in whole or in part in the pro3 duction of wood or wood products; and 

4 (C) have not contracted with or rep5 resented any entity described in subparagraph 

6 (A) or (B) in a period beginning 5 years before 

7 the date on which the scientist is appointed to 

8 the committee. 

9 (2) RECOMMENDATIONS FOR ADDITIONAL SPE10 CIAL AREAS.—Not later than 2 years of the date of 

11 the enactment of this Act, the committee shall pro12 vide Congress with recommendations for additional 

13 special areas. 

14 (3) CANDIDATE AREAS.—Candidate areas for 

15 recommendation as additional special areas shall 

16 have outstanding biological values that are exem17 plary on a local, regional, and national level, includ18 ing the presence of—

19 (A) threatened or endangered species of 

20 plants or animals; 

21 (B) rare or endangered ecosystems; 

22 (C) key habitats necessary for the recovery 

23 of endangered or threatened species; 

24 (D) recovery or restoration areas of rare or 

25 underrepresented forest ecosystems; 
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•S 1938 IS 

1 (E) migration corridors; 

2 (F) areas of outstanding biodiversity; 

3 (G) old growth forests; 

4 (H) commercial fisheries; and 

5 (I) sources of clean water such as key wa6 tersheds. 

7 (4) GOVERNING PRINCIPLE—The committee 

8 shall adhere to the principles of conservation biology 

9 in identifying special areas based on biological val10 ues. 

11 SEC. 204. RESTRICTIONS ON MANAGEMENT ACTIVITIES IN 

12 ANCIENT FORESTS, ROADLESS AREAS, WA13 TERSHED PROTECTION AREAS, AND SPECIAL 

14 AREAS. 

15 (a) RESTRICTION OF MANAGEMENT ACTIVITIES IN

16 ANCIENT FORESTS.—On Federal land located in Ancient 

17 forests—

18 (1) no roads shall be constructed or recon19 structed; 

20 (2) no extractive logging shall be permitted; and 

21 (3) no improvements for the purpose of extrac22 tive logging shall be permitted. 

23 (b) RESTRICTION OF MANAGEMENT ACTIVITIES IN

24 ROADLESS AREAS.—On Federal land located in roadless 

25 areas (except military installations)—
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•S 1938 IS 

1 (1) no roads shall be constructed or recon2 structed; 

3 (2) no extractive logging shall be permitted ex4 cept of non-native invasive tree species, in which 

5 case the limitations on logging in title I shall apply; 

6 and 

7 (3) no improvements for the purpose of extrac8 tive logging shall be permitted. 

9 (c) RESTRICTION OF MANAGEMENT ACTIVITIES IN

10 WATERSHED PROTECTION AREAS.—On Federal land lo11 cated in watershed protection areas—

12 (1) no roads shall be constructed or recon13 structed; 

14 (2) no extractive logging shall be permitted ex15 cept of non-native invasive tree species, in which 

16 case the limitations on logging in title I shall apply; 

17 and 

18 (3) no improvements for the purpose of extrac19 tive logging shall be permitted. 

20 (d) RESTRICTION OF MANAGEMENT ACTIVITIES IN

21 SPECIAL AREAS.—On Federal land located in special 

22 areas—

23 (1) no roads shall be constructed or recon24 structed; 
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•S 1938 IS 

1 (2) no extractive logging shall be permitted ex2 cept of non-native invasive tree species, in which 

3 case the limitations on logging in title I shall apply; 

4 and 

5 (3) no improvements for the purpose of extrac6 tive logging shall be permitted. 

7 (e) MAINTENANCE OF EXISTING ROADS.—

8 (1) IN GENERAL.—Except as provided in para9 graph (2), the restrictions described in subsection 

10 (a) shall not prohibit the maintenance of an im11 proved road, or any road accessing private 

12 inholdings. 

13 (2) ABANDONED ROADS.—Any road that the 

14 Secretary determines to have been abandoned before 

15 the date of enactment of this Act shall not be main16 tained or reconstructed. 

17 (f) ENFORCEMENT.—

18 (1) FINDING.—Congress finds that all people of 

19 the United States are injured by actions on land to 

20 which this section applies. 

21 (2) PURPOSE.—The purpose of this subsection 

22 is to foster the widest possible enforcement of this 

23 section. 

24 (3) FEDERAL ENFORCEMENT.—The Secretary 

25 and the Attorney General of the United States shall 
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•S 1938 IS 

1 enforce this section against any person that violates 

2 this section. 

3 (4) CITIZEN SUITS.—

4 (A) IN GENERAL.—A citizen harmed by a 

5 violation of this section may enforce this section 

6 by bringing a civil action for a declaratory judg7 ment, a temporary restraining order, an injunc8 tion, statutory damages, or other remedy 

9 against any alleged violator, including the 

10 United States, in any district court of the 

11 United States. 

12 (B) JUDICIAL RELIEF.—If a district court 

13 of the United States determines that a violation 

14 of this section has occurred, the district court— 

15 (i) shall impose a damage award of 

16 not less than $5,000; 

17 (ii) may issue 1 or more injunctions 

18 or other forms of equitable relief; and 

19 (iii) shall award to each prevailing 

20 party the reasonable costs of bringing the 

21 action, including attorney’s fees, witness 

22 fees, and other necessary expenses. 

23 (C) STANDARD OF PROOF.—The standard 

24 of proof in all actions under this paragraph 

25 shall be the preponderance of the evidence. 
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•S 1938 IS 

1 (D) TRIAL.—A trial for any action under 

2 this section shall be de novo. 

3 (E) PAYMENT OF DAMAGES.—

4 (i) NON-FEDERAL VIOLATOR.—A 

5 damage award under subparagraph (B)(i) 

6 shall be paid by a non-Federal violator or 

7 violators designated by the court to the 

8 Treasury. 

9 (ii) FEDERAL VIOLATOR.—

10 (I) IN GENERAL.—Not later than 

11 40 days after the date on which judg12 ment is rendered, a damage award 

13 under subparagraph (B)(i) for which 

14 the United States is determined to be 

15 liable shall be paid from the Treasury, 

16 as provided under section 1304 of title 

17 31, United States Code, to the person 

18 or persons designated to receive the 

19 damage award. 

20 (II) USE OF DAMAGE AWARD.—A 

21 damage award described under sub22 clause (I) shall be used by the recipi23 ent to protect or restore native bio24 diversity on Federal land or on land 

25 adjoining Federal land. 
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•S 1938 IS 

1 (III) COURT COSTS.—Any award 

2 of costs of litigation and any award of 

3 attorney fees shall be paid by a Fed4 eral violator not later than 40 days 

5 after the date on which judgment is 

6 rendered. 

7 (5) WAIVER OF SOVEREIGN IMMUNITY.—

8 (A) IN GENERAL.—The United States (in9 cluding agents and employees of the United 

10 States) waives its sovereign immunity in all re11 spects in all actions under this section. 

12 (B) NOTICE.—No notice is required to en13 force this subsection. 

14 TITLE III—EFFECTIVE DATE 

15 SEC. 301. EFFECTIVE DATE. 

16 This Act and the amendments made by this Act take 

17 effect on the date of enactment of this Act. 

18 SEC. 302. EFFECT ON EXISTING CONTRACTS. 

19 This Act and the amendments made by this Act shall 

20 not apply to any contract for the sale of timber that was 

21 entered into on or before the date of enactment of this 

22 Act. 
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•S 1938 IS 

1 SEC. 303. WILDERNESS ACT EXCLUSION. 

2 This Act and the amendments made by this Act shall 

3 not apply to any Federal wilderness area designated under 

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

Æ