I
107TH CONGRESS
2D SESSION
H. R. 4949
To designate certain public lands in Humboldt, Del Norte, Mendocino, Lake,
and Napa Counties in the State of California as wilderness, to designate
certain segments of the Black Butte River in Mendocino County, Cali-
fornia as a wild or scenic river, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 17, 2002
Mr. THOMPSON of California (for himself, Ms. SOLIS, Mr. GEORGE MILLER
of California, Ms. WOOLSEY, Mr. HONDA, Mrs. NAPOLITANO, Mr. HIN-
CHEY, Ms. PELOSI, Ms. MCKINNEY, Mr. MCDERMOTT, Ms. ESHOO, Mr.
FILNER, Mr. WAXMAN, and Mr. SHERMAN) introduced the following bill;
which was referred to the Committee on Resources
A BILL
To designate certain public lands in Humboldt, Del Norte,
Mendocino, Lake, and Napa Counties in the State of
California as wilderness, to designate certain segments
of the Black Butte River in Mendocino County, Cali-
fornia as a wild or scenic river, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Northern California Coastal Wild Heritage Wilderness
Act of 2002’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I—DESIGNATION OF WILDERNESS AREAS
Sec. 101. Designation of wilderness areas to be administered by Bureau of
Land Management and Forest Service.
Sec. 102. Administration of wilderness areas.
Sec. 103. Designation of potential wilderness areas.
TITLE II—WILD AND SCENIC RIVER DESIGNATIONS
Sec. 201. Designation of Black Butte River, California, as wild and scenic
river.
TITLE III—AUTHORIZATION OF APPROPRIATIONS
Sec. 301. Wilderness and wild and scenic rivers tourism development.
Sec. 302. Wilderness and wild and scenic rivers recreation development.
Sec. 303. Law enforcement.
Sec. 304. Acquisition of inholdings.
SEC. 2. FINDINGS.
The Congress finds and declares the following:
(1) The publicly owned lands and rivers of Cali-
fornia are a wildland resource of extraordinary value
for this and future generations.
(2) Increasing pressure from California’s rap-
idly growing population threatens to irrevocably
harm these remaining wild areas and wild rivers.
(3) Statutory protection is needed for these
areas to ensure that they remain a part of our nat-
ural heritage and continue to be a source of solitude
and inspiration for all Americans.
(4) Continuation of military activities, including
overflights, military maneuvers, testing and evalua-
tion, and other activities without limit to frequency
is not incompatible with the protection and proper
management of the wilderness and wild and scenic
river resources designated by this Act.
(5) Wildfire management activities necessary to
protect public health and safety and private property
are fully allowable in wilderness areas and the Sec-
retary may take any measures deemed necessary to
control or prevent fires.
(6) These lands shall be included in the Na-
tional Wilderness Preservation System and the Na-
tional Wild and Scenic Rivers System, in order to—
(A) preserve the unique wild and natural
features of these landscapes;
(B) protect a diverse array of ecosystems,
plants, animals, geologic structures and hydro-
logic features that represent the natural splen-
dor of California;
(C) protect and preserve historical and cul-
tural archeological sites associated with ancient
Indian cultures and the settlement of Cali-
fornia;
(D) protect and preserve areas that con-
tinue to be used by Native American tribes for
spiritual, cultural, or subsistence practices;
(E) protect watersheds, including those
that play an essential role in providing munic-
ipal and agricultural water supplies;
(F) provide opportunities for compatible
outdoor recreation, including horseback riding
on saddle and pack stock, hunting and fishing,
hiking and camping, whitewater rafting, trail
running, and excursions led by commercial out-
fitters;
(G) retain and enhance opportunities for
scientific research in pristine ecosystems; and
(H) promote the recovery of threatened
and endangered species, including salmon and
steelhead.
TITLE I—DESIGNATION OF
WILDERNESS AREAS
SEC. 101. DESIGNATION OF WILDERNESS AREAS TO BE AD-
MINISTERED BY BUREAU OF LAND MANAGE-
MENT AND FOREST SERVICE.
(a) DESIGNATION.—In furtherance of the purposes of
the Wilderness Act (16 U.S.C. 1131 et seq.), the following
public lands in the State of California are hereby des-
ignated as wilderness, and therefore, as components of the
National Wilderness Preservation System or as additions
to existing components of the National Wilderness Preser-
vation System:
(1) Certain lands in the Mendocino National
Forest in Lake County, California, which comprise
approximately 20,960 acres, as generally depicted on
a map entitled ‘‘Snow Mountain Wilderness Area
Additions-Proposed’’.
(2) Certain lands in the Mendocino National
Forest which comprise approximately 10,160 acres,
as generally depicted on a map entitled ‘‘Sanhedrin
Wilderness Area-Proposed’’.
(3) Certain lands in the Mendocino National
Forest and certain lands administered by the Arcata
Field Office of the Bureau of Land Management
which comprise approximately 51,790 acres, as gen-
erally depicted on a map entitled ‘‘Yuki Wilderness
Area-Proposed’’.
(4) Certain lands in the Mendocino National
Forest which comprise approximately 26,760 acres
in Mendocino County, California, as generally de-
picted on a map entitled ‘‘Yolla Bolly-Middle Eel
Wilderness Area Additions-Proposed’’.
(5) Certain lands in the Six Rivers National
Forest which comprise approximately 5,740 acres, as
generally depicted on a map entitled ‘‘Mad River
Buttes Wilderness Area-Proposed’’.
(6) Certain lands in the Six Rivers National
Forest which comprise approximately 33,750 acres
in Del Norte County and 8,440 acres in Humboldt
County, California, as generally depicted on a map
entitled ‘‘Siskiyou Wilderness Area Additions-Pro-
posed’’.
(7) Certain lands in the Six Rivers National
Forest which comprise approximately 7,100 acres in
Humboldt County, California, as generally depicted
on a map entitled ‘‘Mt. Lassic Wilderness Area-Pro-
posed’’.
(8) Certain lands in the Six Rivers National
Forest which comprise approximately 26,510 acres
in Humboldt County, California, as generally de-
picted on a map entitled ‘‘Trinity Alps Wilderness
Area Additions-Proposed’’.
(9) Certain lands in the Six Rivers National
Forest which comprise approximately 3,500 acres as
generally depicted on a map entitled ‘‘Underwood
Wilderness Area-Proposed’’.
(10) Certain lands administered by the Ukiah
Field Office of the Bureau of Land Management
which comprise approximately 38,960 acres in Lake
and Napa Counties, California, as generally depicted
on a map entitled ‘‘Cache Creek Wilderness Area-
Proposed’’.
(11) Certain lands administered by the Ukiah
Field Office of the Bureau of Land Management
which comprise approximately 760 acres in Napa
County, California, as generally depicted on a map
entitled ‘‘Blue Ridge Wilderness Area-Proposed’’.
(12) Certain lands administered by the Ukiah
Field Office of the Bureau of Land Management
which comprise approximately 3,520 acres in Napa
County, California, as generally depicted on a map
entitled ‘‘Berryessa Peak Wilderness Area-Pro-
posed’’.
(13) Certain lands administered by the Ukiah
Field Office of the Bureau of Land Management
which comprise approximately 5,880 acres, as gen-
erally depicted on a map entitled ‘‘Cedar Roughs
Wilderness Area-Proposed’’.
(14) Certain lands administered by the Arcata
Field Office of the Bureau of Land Management
which comprise approximately 41,100 acres, as gen-
erally depicted on a map entitled ‘‘King Range Wil-
derness Area-Proposed’’.
(15) Certain lands administered by the Arcata
Field Office of the Bureau of Land Management
which comprise approximately 14,000 acres, as gen-
erally depicted on a map entitled ‘‘South Fork Eel
Wilderness Area-Proposed’’.
(b) SPECIAL
RULE, KING
RANGE
WILDERNESS
AREA.—With respect to the King Range Wilderness Area
designated by subsection (a)(14), in case of conflict be-
tween this title and Public Law 91–476 (16 U.S.C. 460y
et seq.), which established the King Range National Con-
servation Area, the more restrictive provisions shall con-
trol.
SEC. 102. ADMINISTRATION OF WILDERNESS AREAS.
(a) MANAGEMENT.—Subject to valid existing rights,
the wilderness areas designated by this title shall be ad-
ministered by the Secretary of the Interior or the Sec-
retary of Agriculture (in this section referred to as the
‘‘Secretary’’), whoever has administrative jurisdiction over
the area, in accordance with the provisions of the Wilder-
ness Act (16 U.S.C. 1131 et seq.) governing areas des-
ignated by that Act as wilderness, except that any ref-
erence in such provisions to the effective date of the Wil-
derness Act (or any similar reference) shall be deemed to
be a reference to the date of the enactment of this Act.
(b) MAP AND LEGAL DESCRIPTION.—As soon as
practicable, but no later than three years after the date
of the enactment of this Act, the Secretary shall file a
map and a legal description of each wilderness area des-
ignated in this title with the Committee on Energy and
Natural Resources of the Senate and the Committee on
Resources of the House of Representatives. Such map and
description shall have the same force and effect as if in-
cluded in this title, except that the correction of clerical
and typographical errors in such legal description may be
made. Copies of such map and legal description shall be
on file and available for public inspection in the office of
the Secretary.
(c) WILDERNESS CHARACTER.—As provided in sec-
tion 4(b) of the Wilderness Act (16 U.S.C. 1133(b)), the
Secretary concerned shall administer the areas designated
as wilderness in this title so as to preserve their wilderness
character and to devote them to the public purposes of
recreational, scenic, scientific, educational, conservation,
and historical use. All activities in the areas shall be sub-
ject to regulations the Secretary considers necessary to
fulfill the purposes of the Wilderness Act.
(d) FIRE MANAGEMENT ACTIVITIES.—The Secretary
may take such measures in the wilderness areas des-
ignated by this title as necessary in the control and pre-
vention of fire, insects, and diseases, as provided in section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and
the Report of the Committee on Interior and Insular Af-
fairs to accompany H.R. 1437 of the 95th Congress (H.
Rept. 101–405). Such measures may include the use of
mechanized and motorized equipment for fire suppression
where necessary to protect public health and safety and
private property. Not later than one year after the date
of the enactment of this Act, the Secretary shall review
existing policy to ensure that authorized approval proce-
dures for any such measures permit a timely and efficient
response in case of fire emergencies in the wilderness
areas. In areas of extreme fire hazard, the Secretary shall
consider whether the authority to take whatever appro-
priate actions are necessary for fire management shall be
delegated to the Forest Supervisor or the Bureau of Land
Management District Manager or a field manager.
(e) ACCESS TO PRIVATE PROPERTY.—The Secretary
shall provide private property owners with adequate access
to their nonfederally owned land or interests in land within
the boundaries of the wilderness designated by this title
to ensure the owner of such land or interest the reasonable
use and enjoyment thereof.
(f) MANAGEMENT OF PRIVATE PROPERTY.—Nothing
in this title shall enlarge or diminish the private property
rights of non-Federal landowners with property within the
boundaries of the wilderness areas designated by this title.
(g) HUNTING AND FISHING.—Nothing in this Act
shall affect existing hunting and fishing, under applicable
State and Federal laws and regulations, within the bound-
aries of the wilderness areas designated by this title, in-
cluding the use of non-motorized devices used to carry
game.
(h) SNOW SENSORS AND STREAM GAUGES.—Nothing
in this title shall be construed to prevent the installation
and maintenance of hydrologic, meteorologic, or climato-
logical facilities or any combination of the foregoing, or
limited motorized access to such facilities when non-
motorized access means are not reasonably available or
when time is of the essence, if the Secretary determines
that such facilities or access are essential to flood warning,
flood control, water supply forecasting, or reservoir oper-
ation purposes.
(i) MILITARY ACTIVITIES.—Nothing in this title shall
preclude low-level overflights of military aircraft, testing
and evaluation, the designation of new units of special use
airspace, or the use or establishment of military flight
training routes over wilderness areas designated by this
title.
(j) HORSES.—Nothing in this title shall preclude
horseback riding or the entry of recreational saddle or
pack stock into wilderness areas designated by this title.
(k) LIVESTOCK GRAZING.—Grazing of livestock and
maintenance of existing facilities related to grazing in wil-
derness areas designated by this title, if established before
the date of the enactment of this Act, shall be permitted
to continue as provided in section 4(d)(4) of the Wilder-
ness Act (16 U.S.C. 1133(d)(4)) and section 108 of Public
Law 96–560 (16 U.S.C. 1133 note).
(l) FISH AND WILDLIFE.—Nothing in this title shall
be construed as affecting the jurisdiction or responsibil-
ities of the State of California with respect to wildlife and
fish on the public lands in that State as provided in section
4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)).
(m) WILDLIFE MANAGEMENT.—In furtherance of
the purposes and principles of the Wilderness Act, man-
agement activities to maintain or restore fish and wildlife
populations and the habitats to support such populations
may be carried out within wilderness areas designated by
this title, if consistent with relevant wilderness manage-
ment plans, in accordance with appropriate policies and
guidelines.
(n) LAW ENFORCEMENT ACTIVITIES.—Nothing in
this title shall be construed as precluding or otherwise af-
fecting border operations by the Immigration and Natu-
ralization Service, the Drug Enforcement Administration,
the United States Customs Service, or State and local law
enforcement agencies within wilderness areas designated
by this title.
(o) NATIVE AMERICAN USES AND INTERESTS.—In
recognition of the past use of wilderness areas designated
by this title by members of Indian tribes for traditional
cultural and religious purposes, the Secretary shall ensure
access to such wilderness areas by Indian tribes for such
traditional cultural and religious purposes. In imple-
menting this section, the Secretary, upon the request of
an Indian tribe or Indian religious community, shall tem-
porarily close to the general public use of one or more spe-
cific portions of the wilderness area in order to protect
the privacy of traditional cultural and religious activities
in the area by members of the Indian tribe or Indian reli-
gious community. Any such closure shall be made to affect
the smallest practicable area for the minimum period nec-
essary for such purposes. Such access shall be consistent
with the purpose and intent of Public Law 95–341 (42
U.S.C. 1996; commonly known as the American Indian
Religious Freedom Act) and the Wilderness Act.
(p) COMMERCIAL OUTFITTERS.—Nothing in this title
shall preclude the use by commercial outfitters of the wil-
derness areas designated by this title.
(q) AREAS ADJACENT TO WILDERNESS AREAS.—
Nothing in this title shall be construed to create protective
perimeters or buffer zones around wilderness areas des-
ignated by this title. Activities or uses of nonwilderness
areas that can be seen or heard within wilderness areas
designated by this title shall not be precluded as a result
of this title.
(r) WATER RESOURCES PROJECTS.—Nothing in this
title shall preclude relicensing of, assistance to, or oper-
ation and maintenance of, developments below or above
a wilderness area designated by this title or on any stream
tributary thereto which will not invade the area or unrea-
sonably diminish the wilderness, scenic, recreational, and
fish and wildlife values present in the area as of the date
of the enactment of this Act.
SEC. 
103. 
DESIGNATION 
OF 
POTENTIAL 
WILDERNESS
AREAS.
(a) DESIGNATION.—In furtherance of the provisions
of the Wilderness Act (16 U.S.C. 1131 et seq.), the fol-
lowing public lands in the State of California are des-
ignated potential wilderness areas:
(1) Certain lands administered by the Arcata
Field Office of the Bureau of Land Management
which comprise approximately 8,000 acres, as gen-
erally depicted on a map entitled ‘‘Elkhorn Ridge
Potential Wilderness Area-Proposed’’.
(2) Certain lands administered by the Ukiah
Field Office of the Bureau of Land Management
which comprise approximately 12,806 acres, as gen-
erally depicted on a map entitled ‘‘Payne Ranch Po-
tential Wilderness Area-Proposed’’.
(b) MANAGEMENT.—Subject to valid existing rights,
the Secretary of the Interior shall manage the potential
wilderness areas as wilderness (except as provided in sub-
section (c)) until such time as the lands are designated
as wilderness under subsection (d).
(c) ECOLOGICAL RESTORATION.—For purposes of ec-
ological restoration, including the elimination of non-na-
tive species, removal of illegal, unused or decommissioned
roads, repair of skid tracks, and other actions necessary
to restore the natural ecosystems in the potential wilder-
ness areas, the Secretary of the Interior may use motor-
ized equipment and mechanized transport until such time
as the potential wilderness areas are designated as wilder-
ness. To the maximum extent practicable, the Secretary
shall seek to use the minimum tool or administrative prac-