ation that removes all of the trees over a con-
siderable portion of a stand at 1 time. 
‘‘(D) CONSERVATION.—The term ‘con-
servation’ means protective measures for main-
taining native biodiversity and active and pas-
sive measures for restoring diversity through 
management efforts, in order to protect, re-
store, and enhance as much of the variety of 
species and communities as practicable in abun-
dances and distributions that provide for their 
continued existence and normal functioning, in-
cluding the viability of populations throughout 
their natural geographic distributions. 
‘‘(E) EVEN-AGE LOGGING OPERATION.—
‘‘(i) IN
GENERAL.—The term ‘even-
age logging operation’ means a logging ac-
tivity that—
‘‘(I) creates a clearing or opening 
that exceeds 1⁄5 acre; 
‘‘(II) creates a stand in which the 
majority of trees are within 10 years 
of the same age; or 
‘‘(III) within a period of 30 
years, cuts or removes more than the 
lesser of—
‘‘(aa) the growth of the 
basal area of all tree species (not 
including a tree of a non-native 
invasive 
tree 
species 
or 
an 
invasive plantation species) in a 
stand; or 
‘‘(bb) 20 percent of the 
basal area of a stand. 
‘‘(ii) INCLUSION.—The term ‘even-age 
logging operation’ includes the application 
of clearcutting, high grading, seed-tree cut-
ting, shelterwood cutting, or any other log-
ging method in a manner inconsistent with 
selection management. 
‘‘(iii) EXCLUSION.—The term ‘even-
age logging operation’ does not include the 
cutting or removal of—
‘‘(I) a tree of a non-native 
invasive tree species; or 
‘‘(II) an invasive plantation spe-
cies, if native longleaf pine are plant-
ed in place of the removed invasive 
plantation species. 
‘‘(F) GENETIC DIVERSITY.—The term ‘ge-
netic diversity’ means the differences in genetic
composition within and among populations of a 
species. 
‘‘(G) HIGH
GRADING.—The term ‘high 
grading’ means the removal of only the larger 
or more commercially valuable trees in a stand, 
resulting in an alteration in the natural range 
of age diversity or species diversity in the stand. 
‘‘(H) INVASIVE
PLANTATION
SPECIES.—
The term ‘invasive plantation species’ means a 
loblolly pine or slash pine that was planted or 
managed by the Forest Service or any other 
Federal agency as part of an even-aged 
monoculture tree plantation. 
‘‘(I) NATIVE BIODIVERSITY.—
‘‘(i) IN GENERAL.—The term ‘native 
biodiversity’ means—
‘‘(I) the full range of variety and 
variability within and among living or-
ganisms; and 
‘‘(II) the ecological complexes in 
which the living organisms would have 
occurred (including naturally occur-
ring disturbance regimes) in the ab-
sence of significant human impact.
‘‘(ii) INCLUSIONS.—The term ‘native 
biodiversity’ includes diversity—
‘‘(I) within a species (including 
genetic diversity, species diversity, and 
age diversity); 
‘‘(II) within a community of spe-
cies; 
‘‘(III) between communities of 
species; 
‘‘(IV) within a discrete area, such 
as a watershed; 
‘‘(V) along a vertical plane from 
ground to sky, including application of 
the plane to all the other types of di-
versity; and 
‘‘(VI) along the horizontal plane 
of the land surface, including applica-
tion of the plane to all the other types 
of diversity. 
‘‘(J) NON-NATIVE
INVASIVE
TREE
SPE-
CIES.—
‘‘(i) IN GENERAL.—The term ‘non-na-
tive invasive tree species’ means a species 
of tree not native to North America.
‘‘(ii) INCLUSIONS.—The term ‘non-na-
tive invasive tree species’ includes—
‘‘(I) Australian pine (Casaurina 
equisetifolia); 
‘‘(II) Brazilian pepper (Schinus 
terebinthifolius); 
‘‘(III) 
Common 
buckthorn 
(Rhamnus cathartica); 
‘‘(IV) 
Eucalyptus 
(Eucalyptus 
globulus); 
‘‘(V) Glossy buckthorn (Rhamnus 
frangula); 
‘‘(VI) 
Melaleuca 
(Melaleuca 
quinquenervia); 
‘‘(VII) 
Norway 
maple 
(Acer 
platanoides); 
‘‘(VIII) Princess tree (Paulownia 
tomentosa); 
‘‘(IX) Salt cedar (Tamarix spe-
cies); 
‘‘(X) 
Silk 
tree 
(Albizia 
julibrissin); 
‘‘(XI) 
Strawberry 
guava 
(Psidium cattleianum);
‘‘(II) ensures the maintenance or 
natural regeneration of all native spe-
cies in a stand; 
‘‘(III) ensures the growth and de-
velopment of trees through a range of 
diameter or age classes to provide a 
sustained yield of forest products in-
cluding clean water, rich soil, and na-
tive plants and wildlife; and 
‘‘(IV) ensures that some dead 
trees, standing and downed, shall be 
left in each stand where selection log-
ging occurs, to fulfill their necessary 
ecological functions in the forest eco-
system, including providing elemental 
and organic nutrients to the soil, 
water retention, and habitat for en-
demic insect species that provide the 
primary food source for predators (in-
cluding various species of amphibians 
and birds, such as cavity nesting 
woodpeckers). 
‘‘(ii) EXCLUSION.—
‘‘(I) IN
GENERAL.—Subject to 
subclause (II), the term ‘selection
management’ does not include an 
even-age logging operation. 
‘‘(II) FELLING AGE; NATIVE BIO-
DIVERSITY.—Subclause (I) does not—
‘‘(aa) establish a 150-year 
projected felling age as the 
standard 
at 
which 
individual 
trees in a stand are to be cut; or 
‘‘(bb) limit native biodiver-
sity to that which occurs within 
the context of a 150-year pro-
jected felling age. 
‘‘(M) SHELTERWOOD
CUT.—The term 
‘shelterwood cut’ means an even-age logging op-
eration that leaves—
‘‘(i) a minority of the stand (larger 
than a seed-tree cut) as a seed source; or 
‘‘(ii) a protection cover remaining 
standing for any period of time. 
‘‘(N) SPECIES DIVERSITY.—The term ‘spe-
cies diversity’ means the richness and variety of 
native species in a particular location. 
‘‘(O) STAND.—The term ‘stand’ means a 
biological community of trees on land described 
in subsection (a), comprised of not more than
100 contiguous acres with sufficient identity of 
1 or more characteristics (including location, to-
pography, and dominant species) to be managed 
as a unit. 
‘‘(P) TIMBER PURPOSE.—
‘‘(i) IN GENERAL.—The term ‘timber 
purpose’ means the use, sale, lease, or dis-
tribution of trees, including the felling of 
trees or portions of trees. 
‘‘(ii) EXCEPTION.—The term ‘timber 
purpose’ does not include the felling of 
trees or portions of trees to create land 
space for a Federal administrative struc-
ture. 
‘‘(Q) WITHIN-COMMUNITY
DIVERSITY.—
The term ‘within-community diversity’ means 
the distinctive assemblages of species and eco-
logical processes that occur in various physical 
settings of the biosphere and distinct locations. 
‘‘(2) PROHIBITION
OF
CLEARCUTTING
AND 
OTHER
FORMS
OF
EVEN-AGE
LOGGING
OPER-
ATIONS.—No clearcutting or other form of even-age 
logging operation shall be permitted in any stand or 
watershed.
‘‘(3) MANAGEMENT
OF
NATIVE
BIODIVER-
SITY.—On each stand on which an even-age logging 
operation has been conducted on or before the date 
of enactment of this section, and on each deforested 
area managed for timber purposes on or before the 
date of enactment of this section, excluding areas oc-
cupied by existing buildings, the Secretary shall—
‘‘(A) prescribe a shift to selection manage-
ment; or 
‘‘(B) cease managing the stand for timber 
purposes, in which case the Secretary shall—
‘‘(i) undertake an active restoration of 
the native biodiversity of the stand; or 
‘‘(ii) permit the stand to regain native 
biodiversity. 
‘‘(4) ENFORCEMENT.—
‘‘(A) FINDING.—Congress finds that all 
people of the United States are injured by ac-
tions on land to which subsection (g)(3)(B) and 
this subsection applies. 
‘‘(B) PURPOSE.—The purpose of this para-
graph is to foster the widest and most effective 
possible enforcement of subsection (g)(3)(B) 
and this subsection.
‘‘(C) FEDERAL ENFORCEMENT.—The Sec-
retary of Agriculture, the Secretary of the Inte-
rior, and the Attorney General shall enforce 
subsection (g)(3)(B) and this subsection against 
any person that violates 1 or more of those pro-
visions. 
‘‘(D) CITIZEN SUITS.—
‘‘(i) IN GENERAL.—A citizen harmed 
by a violation of subsection (g)(3)(B) or 
this subsection may bring a civil action in 
United States district court for a declara-
tory judgment, a temporary restraining 
order, an injunction, statutory damages, or 
other remedy against any alleged violator, 
including the United States. 
‘‘(ii) JUDICIAL RELIEF.—If a district 
court of the United States determines that 
a violation of subsection (g)(3)(B) or this 
subsection 
has 
occurred, 
the 
district 
court—
‘‘(I) shall impose a damage 
award of not less than $5,000; 
‘‘(II) may issue 1 or more injunc-
tions or other forms of equitable re-
lief; and
‘‘(III) shall award to the plain-
tiffs reasonable costs of bringing the 
action, including attorney’s fees, wit-
ness fees, and other necessary ex-
penses. 
‘‘(iii) STANDARD
OF
PROOF.—The 
standard of proof in all actions under this 
subparagraph shall be the preponderance 
of the evidence. 
‘‘(iv) TRIAL.—A trial for any action 
under this subsection shall be de novo. 
‘‘(E) PAYMENT OF DAMAGES.—
‘‘(i) 
NON-FEDERAL
VIOLATOR.—A 
damage award under subparagraph (D)(ii) 
shall be paid to the Treasury by a non-
Federal violator or violators designated by 
the court. 
‘‘(ii) FEDERAL VIOLATOR.—
‘‘(I) IN
GENERAL.—Not later 
than 40 days after the date on which 
judgment is rendered, a damage 
award under subparagraph (D)(ii) for 
which the United States is determined 
to be liable shall be paid from the 
Treasury, as provided under section
1304 of title 31, United States Code, 
to the person or persons designated to 
receive the damage award. 
‘‘(II) USE OF DAMAGE AWARD.—
A damage award described under sub-
clause (I) shall be used by the recipi-
ent to protect or restore native bio-
diversity on Federal land or on land 
adjoining Federal land. 
‘‘(III) 
COURT
COSTS.—Any 
award of costs of litigation and any 
award of attorney fees shall be paid 
by a Federal violator not later than 
40 days after the date on which judg-
ment is rendered. 
‘‘(F) WAIVER OF SOVEREIGN IMMUNITY.—
‘‘(i) IN GENERAL.—The United States 
(including agents and employees of the 
United States) waives its sovereign immu-
nity in all respects in all actions under 
subsection (g)(3)(B) and this subsection. 
‘‘(ii) NOTICE.—No notice is required 
to enforce this subsection.’’.
SEC. 104. CONFORMING AMENDMENTS. 
Section 6(g)(3) of the Forest and Rangeland Renew-
able Resource Planning Act of 1974 (16 U.S.C. 
1604(g)(3)) is amended—
(1) in subparagraph (D), by inserting ‘‘and’’ 
after the semicolon at the end; 
(2) in subparagraph (E), by striking ‘‘; and’’ 
and inserting a period; and 
(3) by striking subparagraph (F). 
TITLE II—PROTECTION FOR AN-
CIENT FORESTS, ROADLESS 
AREAS, WATERSHED PROTEC-
TION AREAS, AND SPECIAL 
AREAS 
SEC. 201. FINDINGS. 
Congress finds that—
(1) unfragmented forests on Federal land, 
unique and valuable assets to the general public, are 
damaged by extractive logging; 
(2) less than 10 percent of the original 
unlogged forests of the United States remain, and 
the vast majority of the remnants of the original for-
ests of the United States are located on Federal 
land; 
(3) large, unfragmented forest watersheds pro-
vide high-quality water supplies for drinking, agri-
culture, industry, and fisheries across the United 
States; 
(4) the most recent scientific studies indicate 
that several thousand species of plants and animals 
are dependent on large, unfragmented forest areas; 
(5) many neotropical migratory songbird species 
are experiencing documented broad-scale population 
declines and require large, unfragmented forests to 
ensure their survival; 
(6) destruction of large-scale natural forests 
has resulted in a tremendous loss of jobs in the fish-
ing, hunting, tourism, recreation, and guiding indus-
tries, and has adversely affected sustainable non-
timber forest products industries such as the collec-
tion of mushrooms and herbs; 
(7) extractive logging programs on Federal land 
are carried out at enormous financial costs to the 
Treasury and taxpayers of the United States; 
(8) Ancient forests continue to be threatened by 
logging and deforestation and are rapidly dis-
appearing; 
(9) Ancient forests help regulate atmospheric 
balance, maintain biodiversity, and provide valuable 
scientific opportunity for monitoring the health of 
the planet;
(10) prohibiting extractive logging in the An-
cient forests would create the best conditions for en-
suring stable, well distributed, and viable popu-
lations of the northern spotted owl, marbled 
murrelet, American marten, and other vertebrates, 
invertebrates, vascular plants, and nonvascular 
plants associated with those forests; 
(11) prohibiting extractive logging in the An-
cient forests would create the best conditions for en-
suring stable, well distributed, and viable popu-
lations 
of 
anadromous 
salmonids, 
resident 
salmonids, and bull trout; 
(12) roadless areas are de facto wilderness that 
provide wildlife habitat and recreation; 
(13) large unfragmented forests, contained in 
large part on roadless areas on Federal land, are 
among the last refuges for native animal and plant 
biodiversity, and are vital to maintaining viable pop-
ulations of threatened, endangered, sensitive, and 
rare species; 
(14) roads cause soil erosion, disrupt wildlife 
migration, and allow nonnative species of plants and 
animals to invade native forests; 
(15) the mortality and reproduction patterns of 
forest dwelling animal populations are adversely af-
fected by traffic-related fatalities that accompany 
roads; 
(16) the exceptional recreational, biological, sci-
entific, or economic assets of certain special forested 
areas on Federal land are valuable to the public of 
the United States and are damaged by extractive 
logging; 
(17) in order to gauge the effectiveness and ap-
propriateness of current and future resource man-
agement activities, and to continue to broaden and 
develop our understanding of silvicultural practices, 
many special forested areas need to remain in a nat-
ural, unmanaged state to serve as scientifically es-
tablished baseline control forests; 
(18) certain special forested areas provide habi-
tat for the survival and recovery of endangered and 
threatened plant and wildlife species, such as grizzly 
bears, spotted owls, Pacific salmon, and Pacific yew, 
that are harmed by extractive logging; 
(19) many special forested areas on Federal 
land are considered sacred sites by native peoples; 
and 
(20) as a legacy for the enjoyment, knowledge, 
and well-being of future generations, provisions must 
be made for the protection and perpetuation of the
Ancient forests, roadless areas, watershed protection 
areas, and special areas of the United States. 
SEC. 202. DEFINITIONS. 
In this title: 
(1) ANCIENT FOREST.—The term ‘‘Ancient for-
est’’ means—
(A) the northwest Ancient forests, includ-
ing—
(i) Federal land identified as late-suc-
cessional reserves, riparian reserves, and 
key watersheds under the heading ‘‘Alter-
native 1’’ of the report entitled ‘‘Final 
Supplemental 
Environmental 
Impact 
Statement on Management of Habitat for 
Late-Successional and Old-Growth Forest 
Related Species Within the Range of the 
Northern Spotted Owl, Vol. I.’’, and dated 
February 1994; and 
(ii) Federal land identified by the 
term ‘‘medium and large conifer multi-sto-
ried, canopied forests’’ as defined in the re-
port described in clause (i); 
(B) the eastside Cascade Ancient forests, 
including—
(i) Federal land identified as ‘‘Late-
Succession/Old-growth Forest (LS/OG)’’ 
depicted on maps for the Colville National 
Forest, Fremont National Forest, Malheur 
National Forest, Ochoco National Forest, 
Umatilla National Forest, Wallowa-Whit-
man National Forest, and Winema Na-
tional Forest in the report entitled ‘‘In-
terim Protection for Late-Successional 
Forests, Fisheries, and Watersheds: Na-
tional Forests East of the Cascade Crest, 
Oregon, and Washington’’, prepared by the 
Eastside Forests Scientific Society Panel 
(The Wildlife Society, Technical Review 
94–2, August 1994); 
(ii) Federal land east of the Cascade 
crest in the States of Oregon and Wash-
ington, defined as ‘‘late successional and 
old-growth forests’’ in the general defini-
tion on page 28 of the report described in 
clause (i); and 
(iii) Federal land classified as ‘‘Or-
egon Aquatic Diversity Areas’’, as defined 
in the report described in clause (i); and
(C) the Sierra Nevada Ancient forests, in-
cluding—
(i) Federal land identified as ‘‘Areas 
of Late-Successional Emphasis (ALSE)’’ 
in the report entitled, ‘‘Final Report to 
Congress: Status of the Sierra Nevada’’, 
prepared by the Sierra Nevada Ecosystem 
Project (Wildland Resources Center Report 
#40, University of California, Davis, 1996/
97); 
(ii) Federal land identified as ‘‘Late-
Succession/Old-Growth Forests Rank 3, 4 
or 5’’ in the report described in clause (i); 
and 
(iii) Federal land identified as ‘‘Poten-
tial Aquatic Diversity Management Areas’’ 
on the map on page 1497 of Volume II of 
the report described in clause (i). 
(2) EXTRACTIVE LOGGING.—The term ‘‘extrac-
tive logging’’ means the felling or removal of any 
trees from Federal forest land for any purpose. 
(3) IMPROVED
ROAD.—The term ‘‘improved 
road’’ means any road maintained for travel by 
standard passenger type vehicles.
(4) ROADLESS
AREA.—The term ‘‘roadless 
area’’ means a contiguous parcel of Federal land 
that is—
(A) devoid of improved roads, except as 
provided in subparagraph (B); and 
(B) composed of—
(i) at least 1,000 acres west of the 
100th meridian (with up to 1⁄2 mile of im-
proved roads per 1,000 acres); 
(ii) at least 1,000 acres east of the 
100th meridian (with up to 1⁄2 mile of im-
proved roads per 1,000 acres); or 
(iii) less than 1,000 acres, but share 
a border that is not an improved road with 
a wilderness area, primitive area, or wil-
derness study area. 
(5) SECRETARY.—The term ‘‘Secretary’’, with 
respect to any Federal land in an Ancient forest, 
roadless area, watershed protection area, or special 
area, means the head of the Federal agency having 
jurisdiction over the Federal land. 
(6) SPECIAL AREA.—The term ‘‘special area’’ 
means an area of Federal forest land designated 
under section 3 that may not meet the definition of
an Ancient forest, roadless area, or watershed pro-
tection area, but that—
(A) possesses outstanding biological, sce-
nic, recreational, or cultural values; and 
(B) is exemplary on a regional, national, or 
international level. 
(7) 
WATERSHED
PROTECTION
AREA.—The 
term ‘‘watershed protection area’’ means Federal 
land that extends—
(A) 300 feet from both sides of the active 
stream channel of any permanently flowing 
stream or river; 
(B) 100 feet from both sides of the active 
channel of any intermittent, ephemeral, or sea-
sonal stream, or any other nonpermanently 
flowing drainage feature having a definable 
channel and evidence of annual scour or deposi-
tion of flow-related debris; 
(C) 300 feet from the edge of the max-
imum level of any natural lake or pond; or 
(D) 150 feet from the edge of the max-
imum level of a constructed lake, pond, or res-
ervoir, or a natural or constructed wetland. 
SEC. 203. DESIGNATION OF SPECIAL AREAS. 
(a) IN GENERAL.—
(1) FINDING.—A special area shall possess at 
least 1 of the values described in paragraphs (2) 
through (5). 
(2) BIOLOGICAL VALUES.—The biological values 
of a special area may include the presence of—
(A) threatened species or endangered spe-
cies of plants or animals; 
(B) rare or endangered ecosystems; 
(C) key habitats necessary for the recovery 
of endangered species or threatened species; 
(D) recovery or restoration areas of rare or 
underrepresented forest ecosystems; 
(E) migration corridors; 
(F) areas of outstanding biodiversity; 
(G) old growth forests; 
(H) commercial fisheries; and 
(I) sources of clean water such as key wa-
tersheds. 
(3) SCENIC VALUES.—The scenic values of a 
special area may include the presence of—
(A) unusual geological formations; 
(B) designated wild and scenic rivers; 
(C) unique biota; and 
(D) vistas.
(4) RECREATIONAL VALUES.—The recreational 
values of a special area may include the presence 
of—
(A) designated national recreational trails 
or recreational areas; 
(B) areas that are popular for such recre-
ation and sporting activities as—
(i) hunting; 
(ii) fishing; 
(iii) camping; 
(iv) hiking; 
(v) aquatic recreation; and 
(vi) winter recreation; 
(C) Federal land in regions that are under-
served in terms of recreation; 
(D) land adjacent to designated wilderness 
areas; and 
(E) solitude. 
(5) CULTURAL VALUES.—The cultural values of 
a special area may include the presence of—
(A) sites with Native American religious 
significance; and 
(B) historic or prehistoric archaeological 
sites eligible for listing on the national historic 
register.