I

103D CONGRESS

1ST SESSION H. R. 2153

To designate the Giant Sequoia National Forest Preserve in the State of

California, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 19, 1993

Mr. BROWN of California (for himself, Mr. BEILENSON, Mr. HINCHEY, Mr.

WAXMAN, Mr. DELLUMS, Ms. SCHENK, Mr. EDWARDS of California, Mr.

BERMAN, Mr. STARK, and Ms. ESHOO) introduced the following bill;

which was referred jointly to the Committees on Natural Resources and

Agriculture

A BILL

To designate the Giant Sequoia National Forest Preserve

in the State of California, and for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Giant Sequoia Preser5 vation Act of 1993’’.

6 SEC. 2. FINDINGS.

7 The Congress finds and declares the following:

8 (1) The Giant Sequoia trees (Sequoiadendron

9 giganteum), the largest of all trees and the most
2

•HR 2153 IH

1 majestic of all living things, are native to only a

2 small part of the Sierra Nevada range in California.

3 The Giant Sequoia groves and other ancient forests

4 located within Sequoia National Forest are a unique

5 national treasure that should be passed on intact for

6 the benefit and enjoyment of future generations.

7 (2) The Giant Sequoias are named for the

8 Cherokee Indian Sequoya, a giant among his people

9 as the creator of the Cherokee alphabet.

10 (3) The Giant Sequoias are plant relatives of

11 the Coastal Redwoods of California, the Dawn Red12 woods of China, and the Bald Cypress of the Amer13 ican South.

14 (4) Most of all the Giant Sequoia trees in the

15 entire world are within the boundaries of the Se16 quoia National Forest; these trees and their environs

17 are currently unprotected statutorily from logging,

18 development, and other impacts resulting from

19 human activity.

20 (5) The ancient forests located in the Sequoia

21 and Sierra National Forests provide unique and un22 paralleled opportunities for scientific study and re23 search.

24 (6) The ancient forests of the Sequoia and Si25 erra National Forests are the homes of endemic,
3

•HR 2153 IH

1 rare, threatened, and endangered species of plants

2 and wildlife; further destruction and diminution of

3 the forest can only accelerate the extirpation or ex4 tinction of said species.

5 (7) The ancient forests of the Sequoia and Si6 erra National Forests can and do provide outstand7 ing and unique recreational opportunities for our

8 Nation’s people.

9 (8) The ancient forests of the Sequoia and Si10 erra National Forests retain and release water, thus

11 guaranteeing a steady and assured supply of clean,

12 high-quality water for agricultural, industrial, mu13 nicipal, animal, environmental, and recreational pur14 poses.

15 (9) The most valuable aspect of the Sequoia

16 and Sierra National Forests is their intact, natural

17 ecosystems, which have developed over tens of thou18 sands of years; such ecosystems are not renewable

19 for many centuries after logging, if at all.

20 (10) The policy of the United States Forest

21 Service has been to encourage logging of ancient for22 est habitats, including that of the Giant Sequoias.

23 (11) At the current rate of logging in the Se24 quoia National Forest, it is estimated that all of the
4

•HR 2153 IH

1 ecologically significant unprotected forests will be de2 stroyed within 7 to 8 years.

3 (12) Removal of timber from the Sequoia Na4 tional Forest is done at a net loss to the United

5 States Treasury of more than $8,000,000 annually,

6 over and above the amounts appropriated annually

7 by the Congress for the administration and oper8 ation of the Forest.

9 (13) Direct and indirect employment afforded

10 as part of the logging in the Sequoia and Sierra Na11 tional Forests will decline with reduction of the vol12 ume of native forest and with compliance with envi13 ronmental laws. Workers paid by private interests

14 for felling, hauling, and milling trees within the

15 boundaries of the Preserve established by this Act

16 are subsidized by United States taxpayers.

17 (14) At current and prospective rates of logging

18 under the United States Forest Service’s present

19 ‘‘Sequoia National Forest Plan’’, the forest is being

20 removed at more than double the sustainable rate.

21 (15) United States Forest Service figures show

22 the recreational value of the Sequoia National For23 est to be more than 6 times that of timber extrac24 tion, yet recreational values, and the opportunities

25 for gainful employment associated therewith, are se-
5

•HR 2153 IH

1 riously and permanently eroded under past and

2 present management of the Forest.

3 (16) Private-property values within and around

4 the area affected by provisions of this Act, which are

5 now adversely impacted by logging and associated

6 activities, will be enhanced by the cessation of such

7 activities, and opportunities for new businesses com8 patible with forest and ecosystem preservation will

9 appear.

10 (17) Sequoia National Forest adjoins Sequoia

11 National Park on the north and south, surrounds

12 the Redwood Mountain and Grant Grove sections of

13 Kings Canyon National Park, and with the Sierra

14 National Forest bounds the entire west side of the

15 main part of Kings Canyon National Park. Logging

16 on the Sequoia National Forest severely impacts the

17 views from and between these parks and from the

18 celebrated Generals’ Highway connecting them. Add19 ing to the negative impacts is the traffic of logging

20 trucks using the public highways adjacent to the

21 parks. Among the Sequoia groves in and adjacent to

22 the Kings River watershed, where visitors expect na23 tional-park conditions, logging operations spoil the

24 experience for many, including visitors to the Mon25 arch and Jennie Lakes Wildernesses, which abut the
6

•HR 2153 IH

1 timber sales. Moreover, debris and soil eroded from

2 logging and formerly logged areas are carried down

3 slopes and streams into the once-pristine Sequoia

4 groves of the Monarch Wilderness, and into the

5 Kings River.

6 (18) One of the fundamental purposes of this

7 Preserve is to conserve the stands of Sequoiadendron

8 giganteum and other ancient trees, along with con9 necting and associated forests and other Federal

10 lands, including cut-over and otherwise damaged for11 est land, within a portion of the Sequoia National

12 Forest and a portion of the Sierra National Forest,

13 and to conserve and restore the scenery, natural ob14 jects and wildlife, and to provide for the enjoyment

15 of the same in such manner and by such means as

16 will leave them unimpaired for the enjoyment and

17 amazement of future generations and for the devel18 opment of scientific information.

19 SEC. 3. DEFINITIONS.

20 (a) As used in this Act, the term ‘‘National Forest

21 Preserve’’ means forested land or land in close association

22 with forests within existing National Forests or on other

23 United States public land that is dedicated in perpetuity

24 for scientific study, recreational activity, and/or environ25 mental protection, and on which commercial timber har-
7

•HR 2153 IH

1 vest or further commercial or private development is pro2 hibited.

3 (b) The term ‘‘the Secretary’’ means the Secretary

4 of Agriculture, except as otherwise expressly provided.

5 SEC. 4. ESTABLISHMENT OF THE GIANT SEQUOIA NA6 TIONAL FOREST PRESERVE.

7 (a) ESTABLISHMENT.—In furtherance of the pur8 poses of this Act, certain federally owned lands within the

9 Sequoia and Sierra National Forests in the State of Cali10 fornia, which comprise approximately 442,425 acres as

11 generally depicted on a map entitled, ‘‘Giant Sequoia Na12 tional Forest Preserve, 1993’’, dated lll and num13 bered lll are hereby designated as the Giant Sequoia

14 National Forest Preserve (hereafter in this Act referred

15 to as the ‘‘Preserve’’).

16 (b) MAP AND LEGAL DESCRIPTION.—(1) Not later

17 than 6 months after the date of enactment of this Act,

18 the Secretary shall file a map and a legal description of

19 the Preserve established under subsection (a) with the

20 Committee on Natural Resources and the Committee on

21 Agriculture of the United States House of Representatives

22 and with Committee on Energy and Natural Resources

23 and the Committee on Agriculture, Forestry, and Nutri24 tion of the United States Senate. Such map and descrip25 tion shall have the same force and effect as if included
8

•HR 2153 IH

1 in this Act. Such map and description shall be made avail2 able for public inspection in the office of the Forest Super3 visor, Sequoia National Forest, in the office of the Re4 gional Forester, United States Forest Service, Region 5,

5 in the office of the Superintendent, Sequoia National

6 Park, in the office of the Director, National Park Service,

7 Department of the Interior and in the office of the Chief

8 of the Forest Service, Department of Agriculture.

9 (2) The Secretary may correct clerical and typo10 graphical errors in the legal description referred to in

11 paragraph (1).

12 SEC. 5. PURPOSES.

13 (a) RESOURCE PROTECTION AND RESTORATION.—

14 The Preserve shall be established to protect and restore

15 the ecological, botanical, zoological, biological, scientific,

16 aquatic, atmospheric, scenic, and recreational resources of

17 the area within its boundaries.

18 (b) SEQUOIA GROVES AND FOREST ECOSYSTEM.—

19 The Preserve shall be established to protect the Giant Se20 quoia groves as well as all contiguous forests within the

21 boundaries of the Preserve, and to restore the entire forest

22 ecosystem within the boundaries of the Preserve to a natu23 ral state.
9

•HR 2153 IH

1 (c) HABITAT.—The Preserve shall provide optimum

2 habitat for all naturally occurring species, in accordance

3 with the Endangered Species Act.

4 (d) RECREATION, INTERPRETATION, STUDY.—The

5 Preserve shall provide opportunities for recreation, inter6 pretation, and scientific study consistent with the other

7 purposes of this Act.

8 (e) WATER, AIR, AND SCENIC QUALITY.—The Pre9 serve shall provide optimum water quality, air quality, and

10 scenic quality within its boundaries, consistent with the

11 provisions of all other Federal and State laws.

12 (f) PROHIBITION.—No activities shall be permitted

13 within the Preserve that are inconsistent with the pur14 poses listed in subsections (a) through (e).

15 SEC. 6. SCIENTIFIC ADVISORY BOARD.

16 (a) ESTABLISHMENT.—There is hereby established

17 the Giant Sequoia Scientific Advisory Board (hereinafter

18 referred to as the ‘‘Board’’). The Secretary shall consult

19 and seek the advice and recommendations of the Board

20 with respect to—

21 (1) the measures needed to protect and manage

22 the natural and scientific values of the Preserve; and

23 (2) the administration of the Preserve with re24 spect to policies, programs, and activities which are

25 specifically intended to retain and restore the natu-
10

•HR 2153 IH

1 ral ecological processes of the Preserve, with special

2 attention to preservation of the ancient forest

3 ecosystems, including those of the Giant Sequoias.

4 The Board may make recommendations to the Secretary

5 with regard to new research opportunities which may exist

6 within the Preserve designed to gain scientific information

7 for future interpretation of the ecology and evolution of

8 this area, to add to the understanding of the importance

9 of natural systems, and to enhance enjoyment by visitors

10 to the Preserve. The Board shall encourage public partici11 pation in connection with such recommendations and re12 quest public input before making such proposals to the

13 Secretary and before any meeting between the Secretary

14 and the Board as referenced in subsection (e) of this sec15 tion. No recommendation by the Board shall be binding

16 upon the Secretary.

17 (b) MEMBERSHIP.—The Board shall be composed of

18 members, who shall be appointed by the Secretary as

19 follows:

20 (1) Three members from several persons rec21 ommended by the Chief of the Forest Service, to in22 clude (A) a forest ecologist to serve as Chair of the

23 Board, (B) a forest microbiologist, and (C) a con24 servation biologist, all of whom may be employees of

25 the Forest Service.
11

•HR 2153 IH

1 (2) Three members from several persons rec2 ommended by the National Academy of Sciences, to

3 include (A) a hydrologist with expertise on Sierra

4 Nevada watersheds, (B) a wildlife biologist, and (C)

5 a fisheries biologist.

6 (3) Three members from several persons rec7 ommended by the California Academy of Sciences, to

8 include (A) a plant biologist with expertise on

9 Sequoiadendron giganteum, (B) a soil scientist with

10 expertise on the Sierra Nevada, (C) a lay person

11 from a nongovernmental noncommercial organization

12 dedicated to the conservation of natural resources in

13 the Sierra Nevada.

14 (c) TERMS.—Each member of the Board shall be ap15 pointed to serve for a term of 3 years, except that one

16 of the initial appointees of each nominating official or or17 ganization shall serve an initial term of 4 years, one of

18 the initial appointees of each nominating official shall

19 serve an initial term of 2 years, and one of the initial ap20 pointees of each nominating official shall serve an initial

21 term of 1 year.

22 (d) APPOINTMENT.—The members of the Board shall

23 be appointed within 90 days of the date of enactment of

24 this Act.
12

•HR 2153 IH

1 (e) CONSULTATION.—The Secretary, or a designee,

2 shall from time to time, but at least annually, meet and

3 consult with the Board on matters relating to the protec4 tion and restoration of the Preserve and potential and on5 going research programs within the Preserve.

6 (f) COMPENSATION.—Members of the Board shall

7 serve without compensation as such, but the Secretary is

8 authorized to pay, upon vouchers signed by the Chair, the

9 expenses reasonably incurred by the Board and its mem10 bers in carrying out their responsibilities under this Act.

11 (g) VACANCIES.—Any vacancy in the Board shall be

12 filled in the same manner in which the original appoint13 ment was made.

14 SEC. 7. ADMINISTRATION.

15 (a) IN GENERAL.—The Secretary, acting through the

16 Forest Service, shall administer the Preserve as a separate

17 unit within the National Forest system in accordance with

18 the purposes and provisions of this Act.

19 (b) ANNUAL RECOMMENDATIONS.—The Secretary, in

20 cooperation and consultation with the Secretary of the In21 terior and the Administrator of the Environmental Protec22 tion Agency (or their successors), shall make yearly rec23 ommendations to the President and to Congress on other

24 areas to be designated National Forest Preserves.
13

•HR 2153 IH

1 (c) OTHER AREA DESIGNATIONS.—Any existing des2 ignated wilderness areas, wild and scenic rivers, or special

3 management areas lying partly or wholly within the

4 boundaries of the Preserve at the date of enactment shall

5 retain such designation and shall continue to be managed

6 accordingly. Nothing in this Act shall be construed to pro7 hibit designation of additional areas within the boundaries

8 of the Preserve as wilderness or to prohibit their designa9 tion under similar protective status.

10 (d) MANAGEMENT PLAN.—Based on recommenda11 tions of the Board, within 2 years after the date of enact12 ment of this Act, the Secretary shall publish a detailed

13 and comprehensive management plan (‘‘plan’’) for the

14 Preserve. The initial plan and subsequent plans shall be

15 freestanding documents. The plans shall include but not

16 be limited to—

17 (1) measures for the preservation and restora18 tion of the ecological, botanical, zoological, biological,

19 scientific, aquatic, atmospheric, scenic and rec20 reational resources of the area; and

21 (2) identification of all other measures intended

22 to carry out the purposes and provisions of this Act,

23 including specific delineation of planned administra24 tive activities to carry out the provisions of sub25 sections (d) through (m) of section 6.
14

•HR 2153 IH

1 (e) TRANSPORTATION.—The Secretary, acting

2 through the Forest Service and based upon recommenda3 tions of the Board, shall include as part of the plan a com4 prehensive transportation plan for the Preserve. In order

5 to protect the natural features of the Preserve, reduce user

6 conflicts, and ensure visitor safety, the Secretary is au7 thorized, consistent with the purposes and provisions of

8 the Act, to regulate and control times and means of access

9 and use of the Preserve and parts thereof. Nothing in this

10 section shall be construed to prohibit the use of motorized

11 vehicles or aircraft for emergency and other essential ad12 ministrative services, including those provided by State

13 and local governments, or when necessary, for authorized

14 scientific research:

15 (1) ROADS.—Based on recommendations by the

16 Board, the transportation plan shall include a de17 tailed analysis of roads needed to be retained and

18 maintained for restorative, recreational, interpretive,

19 administrative, and scientific purposes. Consistent

20 with the purposes and provisions of this Act, roads

21 and associated developed facilities within the Pre22 serve shall be located in areas which were developed

23 prior to the establishment of the Preserve. To carry

24 out the purposes and provisions of this Act, particu25 larly with regard to wildlife protection and regenera-
15

•HR 2153 IH

1 tion of the forest, the transportation plan shall also

2 include a program of permanent road closures. The

3 transportation plan shall indicate on which remain4 ing roads motorized travel and/or recreation, such as

5 by automobiles, 4-wheel drive vehicles, motorized

6 dirt bikes or snowmobiles, shall be allowed, as well

7 as on which roads or trails nonmotorized, mecha8 nized vehicles, such as mountain bikes, shall be al9 lowed. The construction of new roads is inconsistent

10 with the purposes of this Act, but maintenance of

11 existing roads is allowed, as are improvements for

12 reasons of public safety and environmental protec13 tion.

14 (2) TRAILS.—Based on recommendations by

15 the Board and consistent with the purposes and pro16 visions of this Act, the Secretary shall provide for

17 appropriate nonmotorized, primitive recreation op18 portunities within the Preserve, including possible

19 development of new trails and restoration and main20 tenance of existing trails. The transportation plan

21 shall indicate which trails will be limited to non22 motorized, nonmechanized recreation, such as by

23 horseback, and which will allow nonmotorized,

24 mechanized recreation, such as by mountain bike.

25 Generally, there shall be no use of trails by motor-
16

•HR 2153 IH

1 ized vehicles (except in the case of motorized wheel2 chairs on trails specifically designed and constructed

3 for their use); generally, use of motorized vehicles

4 shall be restricted to roads only as delineated in sec5 tion 5(d)(1). The transportation plan shall include

6 provisions ensuring adequate and appropriate rec7 reational trail opportunities for disabled individuals.

8 (f) RECREATION AND INTERPRETATION.—Based on

9 recommendations by the Board and consistent with the

10 purposes and provisions of this Act, the Secretary shall

11 provide for recreational use of the Preserve and shall pro12 vide recreational and interpretive facilities, including trails

13 and campgrounds, for the use of the public. The Secretary

14 may assist adjacent affected local governmental agencies

15 in the development of related interpretive programs.

16 (g) REGENERATION.—Based on recommendations by

17 the Board and consistent with the purposes and provisions

18 of this Act, the Forest Service shall implement the regen19 eration plan required by the Stipulation for Entry of

20 Judgment dated 12/27/89 in Sierra Club v. United States

21 Forest Service, Case No. CVF–87–263 EDP. The objec22 tive of regenerating cut-over giant Sequoia Groves will be

23 to restore these areas, as nearly as possible, to their

24 former natural forest condition, provided that restoration

25 activities have minimal negative impact on the root sys-
17

•HR 2153 IH

1 tems of the Giant Sequoias. Such work shall commence

2 within 1 year after the enactment of this Act and shall

3 be completed within 5 years after enactment.

4 (h) SCIENTIFIC STUDY AND RESEARCH.—Based on

5 recommendations by the Board and consistent with the

6 purposes and provisions of this Act, the Secretary shall

7 permit the use of the Preserve for scientific study and re8 search, except that the Secretary may impose such restric9 tions as may be necessary to protect public health and

10 safety and environmental well-being.

11 (i) FIRE MANAGEMENT.—Acting upon a fire policy

12 and plan developed by the Board and consistent with the

13 purposes and provisions of this Act, the Secretary may

14 take action to reduce fuel load and restore native densities

15 of the forest. A plan shall be written with a goal of elimi16 nating fire control activities within the Preserve, except

17 as necessary to protect life and property. Such plan must

18 be implemented within 2 years of the date of enactment

19 of this Act. Until such time as the Board determines na20 tive densities have been sufficiently restored, limited con21 trolled burning may be allowed, consistent with the pur22 poses and provisions of this Act, in accordance with the

23 fire policy and plan noted above. Fuel reduction activities

24 should not utilize tractors, motorized cables, or other such

25 heavy ground equipment where such use would cause dam-
18

•HR 2153 IH

1 age to Preserve soils, plant root systems, or wildlife habi2 tat. Draft animals may be used where appropriate.

3 (j) HUNTING AND FISHING.—Based on recommenda4 tions of the Board, the Secretary may permit hunting and

5 fishing on lands and waters within the Preserve consistent

6 with the purposes and provisions of this Act and in accord7 ance with applicable Federal and State law. Consistent

8 with the purposes and provisions of this Act, the Secretary

9 may designate zones where and establish periods when no

10 hunting or fishing shall be permitted for reasons of public

11 health and safety, protection of resources, scientific re12 search and activities, or public use and enjoyment. Except

13 in emergencies, any regulations issued by the Secretary

14 under this subsection shall be put into effect only after

15 consultation with the appropriate State agencies respon16 sible for hunting and fishing activities. Nothing in this

17 subsection shall be construed as affecting the jurisdiction

18 or responsibilities of the State of California with respect

19 to wildlife and fish within the Preserve.

20 (k) TIMBER CUTTING.—(1) Consistent with the pur21 poses and provisions of this Act, timber cutting shall not

22 be permitted on Federal lands within the Preserve except

23 for scientific study or as consistent with the fire plan as

24 established by the Board. Timber cutting for scientific

purposes shall in no case exceed 1 25 ⁄20 of 1 percent of the
19

•HR 2153 IH

1 total Preserve acreage in any given year. Any timber cutting for scientific study must be approved by a 2 2 ⁄3 majority

3 vote of the Board. Timber cutting within 500 yards of Se4 quoia groves is prohibited. In no case shall any timber cut5 ting be permitted for commercial purposes. No timber in

6 the Preserve shall be included as part of any allowable

7 sale quantity of timber.

8 (2) The Secretary is authorized to buy out any exist9 ing signed timber contracts within the boundaries of the

10 Preserve at the time of enactment, in accordance with ap11 plicable Federal law.

12 (l) MINERAL AND GEOTHERMAL LEASING.—

13 (1) PATENTS.—No patent may be issued under

14 the mining or geothermal laws of the United States

15 after the date of enactment of this Act for locations

16 and claims made before the enactment of this Act on

17 Federal lands located within the boundaries of the

18 Preserve.

19 (2) ADMINISTRATION.—All mineral and geo20 thermal exploration, filing of claims, extraction and/

21 or development on federally owned lands within the

22 Preserve is prohibited.

23 (3) WITHDRAWAL.—Federal lands within the

24 exterior boundary of the Preserve are hereby with25 drawn from all forms of location, entry, and patent
20

•HR 2153 IH

1 under the United States mining laws, and from the

2 operation of the mineral leasing laws of the United

3 States, including all laws pertaining to geothermal

4 leasing.

5 (m) WATER RIGHTS.—(1) With respect to the Pre6 serve designated by this Act, Congress hereby reserves a

7 quantity of water sufficient to fulfill the purposes of this

8 Act. The priority date of such reserved rights shall be the

9 date of enactment of this Act.

10 (2) The Secretary and all other officers of the United

11 States shall take steps necessary to protect the rights re12 served by paragraph (1), including the filing by the Sec13 retary of a claim for the quantification of such rights in

14 any present or future stream adjudication in the courts

15 of the State of California in which the United States is

16 or may be joined and which is conducted in accordance

17 with the McCarran Amendment (43 U.S.C. 666).

18 (3) Nothing in this Act shall be construed as a relin19 quishment or reduction of any water rights reserved or

20 appropriated by the United States in the State of Califor21 nia on or before the date of enactment of this Act.

22 (4) The Federal water rights reserved by this Act are

23 specific to the Giant Sequoia National Forest Preserve lo24 cated in the State of California designated by this Act.

25 Nothing in this Act related to reserved Federal water shall
21

•HR 2153 IH

1 be construed as establishing a precedent with regard to

2 any future designations, nor shall it constitute an interpre3 tation of any other Act or any designation made pursuant

4 thereto.

5 (n) GRAZING RIGHTS.—(1) Based on recommenda6 tions by the Board and consistent with the purposes and

7 provisions of this Act, the Secretary may make allowances

8 for grazing of cattle within the boundaries of the Preserve,

9 provided that all such grazing shall be ended within 10

10 years of the date of enactment of this Act.

11 (2) The Secretary is authorized to buy out any exist12 ing leases for cattle grazing within the boundaries of the

13 Preserve or to allow use of comparable land on other Na14 tional Forest lands in exchange for any existing leases for

15 cattle grazing within the boundaries of the Preserve at the

16 time of enactment of this Act, in accordance with applica17 ble Federal law.

18 (o) PUBLIC SAFETY.—Nothing in this Act shall pro19 hibit the Secretary from undertaking or permitting those

20 measures within the Preserve reasonably necessary to en21 sure public safety and prevent loss of life and property.

22 SEC. 8. ASSISTANCE TO COMMUNITIES.

23 (a) PAYMENTS TO LOCAL GOVERNMENTS.—In the

24 case of lands indicated under this Act for inclusion in the

25 Preserve, in lieu of payments under the Act of May 23,
22

•HR 2153 IH

1 1908 (16 U.S.C. 500) and under chapter 69 of title 31

2 of the United States Code, for each year (or portion of

3 a year) after such acquisition, the Secretary shall make

4 annual payments under this section to the local govern5 ment of each political subdivision within the boundaries

6 of which such lands are located which local government

7 would have received real property tax revenues if such

8 lands were privately rather than publicly held.

9 (b) AMOUNT OF PAYMENT.—The amount of the pay10 ment to be made to a local government under this section

11 for any lands referred to in subsection (a) shall be equiva12 lent to the real property tax which would be paid to the

13 local government with respect to such lands in the fiscal

14 year concerned if the lands were in private ownership and

15 were to be used for timber production. For any parcel of

16 property, such amount shall be referred to for purposes

17 of this section as the ‘‘tax-equivalency amount’’.

18 (c) USES OF PAYMENTS.—At least one-half of all

19 moneys paid to the local political subdivisions as the tax20 equivalency amount under this Act shall be dedicated for

21 the purpose of public education. Local political subdivi22 sions receiving payments under this Act shall provide an

23 annual accounting to the Secretary for all uses of such

24 payments.
23

•HR 2153 IH

1 (d) DETERMINATION OF AMOUNT.—For each fiscal

2 year, the Secretary, after consultation with the Comptrol3 ler General, shall determine a proposed tax-equivalency

4 amount for all lands within the Preserve. Upon determin5 ing the proposed tax-equivalency amount for any political

6 subdivision, the Secretary shall notify the local govern7 ment concerned. If the local government notifies the Sec8 retary that the local government accepts the Secretary’s

9 estimate, the Secretary shall promptly make such payment

10 to the local government.

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

12 Secretary’s estimate of the tax equivalency amount pro13 posed to be paid by the Secretary under this section for

14 any fiscal year to that local government, the local govern15 ment shall notify the Secretary in writing of the amount

16 which the local government estimates to be the correct tax17 equivalency amount. Upon receipt of such notice, the Sec18 retary shall appoint an arbiter. The local government shall

19 also appoint an arbiter. The arbiters appointed by the

20 local government and the Secretary shall jointly appoint

21 a third arbiter. The three arbiters shall comprise an arbi22 tration panel which shall determine the tax equivalency

23 amount to be paid under this section. The determination

24 of the arbitration panel shall be binding on the Secretary

25 and the local government and shall not be subject to judi-
24

•HR 2153 IH

1 cial review, except as provided in sections 10 and 11 of

2 title 9 of the United States Code.

3 (f) COSTS OF ARBITRATION.—The costs of arbitra4 tion shall be paid by the Secretary, but if the tax-equiva5 lency amount determined by an arbitration panel estab6 lished under subsection (d) is closer to the amount speci7 fied by the Secretary than to the amount estimated by

8 the local government, the costs of arbitration shall be de9 ducted from the tax equivalency amount paid by the Sec10 retary to the local government under this section.

11 (g) COMMUNITY ASSISTANCE TASK FORCE.—(1) The

12 Secretary shall establish a community assistance task

13 force (hereinafter referred to as the ‘‘task force’’) to over14 see assistance to local communities in those counties that

15 include lands within the Preserve or contain facilities that

16 mill timber therefrom at the time of enactment of this Act.

17 Any local community in the region that is impacted by

18 loss of Federal timber sales proven to result from imple19 mentation of this Act may request assistance from the

20 task force. The task force shall verify the stated need for

21 the claim and, if verified, provide the following types of

22 assistance—

23 (A) establishment of local community task

24 forces, retraining programs for workers, technical

25 assistance, loans and grants to help communities di-
25

•HR 2153 IH

1 versify their economies, and job counseling and job

2 placement services; and

3 (B) the facilities, equipment, and personnel of

4 the agencies administered by the Secretary may be

5 used to provide such assistance.

6 (2) The task force shall cease to exist 5 years after

7 the date of its establishment by the Secretary.

8 (3) Any worker displaced from a job in the timber

9 industry in the immediate area as a direct consequence

10 of this Act may request assistance from the task force.

11 (4) The task force shall encourage and develop em12 ployment opportunities in forest ecosystem restoration,

13 recreation, and other forms of employment compatible

14 with the purposes and provisions of this Act.

15 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

16 There are hereby authorized to be appropriated such

17 sums as may be necessary to carry out this Act.

Æ

HR 2153 IH——2