I 
107TH CONGRESS 
2D SESSION 
H. R. 5765 
To promote global efforts to protect biological diversity by protecting the 
Tongass Rain Forest in the Tongass National Forest, to designate the 
Duke Island Trumpeter Swan Wilderness Area, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 22, 2002 
Mr. ISRAEL introduced the following bill; which was referred to the Committee 
on Resources 
A BILL 
To promote global efforts to protect biological diversity by 
protecting the Tongass Rain Forest in the Tongass Na-
tional Forest, to designate the Duke Island Trumpeter 
Swan Wilderness Area, 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 AND FINDINGS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Tongass Rain Forest Protection Act’’. 
(b) FINDINGS.—Congress finds the following: 
(1) Rain forests constitute a unique reserve of 
biological resources.
(2) Biological diversity depends on protecting 
the habitats of animal and plant species in rain for-
ests around the world. 
(3) United States leadership in urging other 
countries to protect tropical rain forests is under-
mined by Federal Government policies that subsidize 
the destruction of publicly owned pristine temperate 
rain forests in the United States. 
(4) The Tongass National Forest in Alaska is 
the largest temperate rain forest in the United 
States. 
(5) The protection of pristine and old-growth 
forests in the Tongass National Forest will help con-
serve biological diversity and enhance the credibility 
of United States’ efforts to conserve biological diver-
sity globally. 
(6) Islands constitute unique ecosystems with 
special biological resources and should be afforded 
special protections. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) ROADLESS
AREA.—The term ‘‘roadless 
area’’ means— 
(A) an area identified in the set of inven-
toried roadless area maps contained in the doc-
ument entitled ‘‘Forest Service Roadless Area 
Conservation, 
Final 
Environmental 
Impact 
Statement, Volume 2’’ and dated November 
2000, which is on file at the national head-
quarters office of the Forest Service, or any 
subsequent update or revision of such maps; or 
(B) an area of more than 1,000 contiguous 
acres that does not contain a road. 
(2) INHOLDING.—The term ‘‘inholding’’ means 
any land that is not in Federal ownership in the 
Tongass National Forest, but that is surrounded by 
land in Federal ownership in the Tongass National 
Forest. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
SEC. 3. TONGASS RAINFOREST NATURE PRESERVE. 
(a) DESIGNATION.—All roadless areas in the Tongass 
National Forest, Alaska, including Duke Island, are des-
ignated as the Tongass Rainforest Nature Preserve. 
(b) PROTECTION.—Within the Tongass Rainforest 
Nature Preserve, native animal and plant species, includ-
ing grizzly bears, brown bears, sea lions, seals, trumpeter 
swans, wolves, wolverines, sea otters, river otters, beavers, 
moose, Queen Charlotte goshawks, Peale’s Peregrine Fal-
cons, snowy owls, and bald eagles, shall be protected in
perpetuity in their natural and wild state. No activity that 
disturbs native animal and plant species or their habitats 
shall be allowed in the Tongass Rainforest Nature Pre-
serve. 
(c) PROHIBITED ACTIVITIES.—Activities that are 
prohibited under this section include the following: 
(1) Construction of roads. 
(2) Mining or extraction of minerals. 
(3) Construction of any structure. 
(4) Use of any mechanized vehicle or equip-
ment. 
(5) Logging or cutting of trees. 
SEC. 4. DUKE ISLAND TRUMPETER SWAN WILDERNESS 
AREA. 
(a) FINDINGS.—Congress finds the following: 
(1) Duke Island, Alaska, provides habitat for 
Sitka black tailed deer, Peale’s Peregrine falcon, 
Queen Charlotte goshawk, black bear, trumpeter 
swan, and the stellar sea lion. 
(2) Duke Island contains special natural and 
scenic qualities that should be preserved in per-
petuity. 
(b) DESIGNATION OF WILDERNESS AREA.—In ac-
cordance with the Wilderness Act (16 U.S.C. 1131 et 
seq.), all of Duke Island and the Duke Inventoried
Roadless Area, comprising approximately 46,100 acres, 
are designated as wilderness and, therefore, as a compo-
nent of the National Wilderness Preservation System, 
which shall be known as the ‘‘Duke Island Trumpeter 
Swan Wilderness Area.’’. 
SEC. 5. ACQUISITION OF INHOLDINGS. 
(a) IN GENERAL.—The Secretary may acquire, by 
gift, bequest, or purchase from willing sellers, inholdings 
in the Tongass National Forest. 
(b) USE OF EMINENT DOMAIN.—In the case of an 
inholding in the Tongass National Forest that the Sec-
retary finds is of exceptional importance for biological or 
scenic reasons, the Secretary may acquire such inholding 
through eminent domain. The owner of the inholding so 
acquired shall receive compensation equal to the full fair 
market value of the inholding. 
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