SEC. 203. RESTRICTIONS ON MANAGEMENT ACTIVITIES IN
NORTHWEST ANCIENT FORESTS, ROADLESS
AREAS, AND SPECIAL AREAS.
(a) RESTRICTION OF MANAGEMENT ACTIVITIES IN
NORTHWEST ANCIENT FORESTS.—With respect to North-
west Ancient Forests on Federal lands, the following pro-
hibitions shall apply:
(1) No roads shall be constructed or recon-
structed.
(2) No extractive logging shall be permitted.
(3) No improvements for the purpose of extrac-
tive logging shall be permitted.
(b) RESTRICTION OF MANAGEMENT ACTIVITIES IN
ROADLESS AREAS.—With respect to roadless areas on
Federal lands, the following prohibitions shall apply:
(1) No roads shall be constructed or recon-
structed.
(2) No extractive logging shall be permitted.
(3) No improvements for the purpose of extrac-
tive logging shall be permitted.
(c) RESTRICTION OF MANAGEMENT ACTIVITIES IN
SPECIAL AREAS.—With respect to Special Areas on Fed-
eral lands, the following prohibitions shall apply:
(1) No roads shall be constructed or recon-
structed.
(2) No extractive logging shall be permitted.
(3) No improvements for the purpose of extrac-
tive logging shall be permitted.
(d) RULE OF CONSTRUCTION REGARDING RECON-
STRUCTION OF ROADS.—The restriction on the recon-
struction of roads on Federal lands in a Northwest An-
cient Forest, roadless area, or Special Area does not pro-
hibit the maintenance or repair of a public highway, recre-
ation road, road accessing private inholdings, or other
road within the Northwest Ancient Forest, roadless area,
or Special Area unless the Secretary concerned determines
that the road was abandoned before the date of the enact-
ment of this Act.
(e) ENFORCEMENT.—
(1) PURPOSE AND FINDING.—The purpose of
this subsection is to foster the widest possible en-
forcement of this section. Congress finds that all
people of the United States are injured by actions on
lands to which this section applies.
(2) FEDERAL ENFORCEMENT.—The provisions
of this section shall be enforced by the Secretary
concerned and the Attorney General of the United
States against any person who violates this section.
(3) CITIZEN SUITS.—Any citizen harmed by a
violation of this Act may enforce any provision of
this section by bringing an action for declaratory
judgment, temporary restraining order, injunction,
civil penalty, and other remedies against any alleged
violator including the United States, in any district
court of the United States.
(4) STANDARD
OF
PROOF.—The standard of
proof in all actions brought under this subsection
shall be the preponderance of the evidence and the
trial shall be de novo.
(5) PENALTY.—The court, after determining a
violation of this section, shall impose a penalty of
not less than $5,000 and not more than $50,000 per
violation, shall issue one or more injunctions and
other equitable relief, and shall award to the plain-
tiffs reasonable costs of litigation including attor-
ney’s fees, witness fees and other necessary ex-
penses. The penalty shall be paid by the violator or
violators designated by the court. If that violator is
the United States of America or a Federal agency
or officer, the penalty shall be paid to the Judgment
Fund, as provided by Congress under section 1304
of title 31, United States Code. The penalty shall be
paid from the Judgment Fund within 40 days after
judgment to the person or persons designated to re-
ceive it, to be applied in protecting or restoring na-
tive biodiversity in or adjoining Federal land. Any
award of costs of litigation and any award of attor-
ney fees shall be paid within 40 days after judg-
ment.
(6) WAIVER.—The United States, including its
agents and employees waives its sovereign immunity
in all respects in all actions under this subsection
subsection. No notice is required to enforce this sub-
section.
SEC. 204. EFFECT ON PRIVATE INHOLDINGS.
Nothing in this title shall be construed to alter or
affect the use of private lands located within a Northwest
Ancient Forest, roadless area, or Special Area identified
by this title.
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