enforce this section against any person that violates 
this section. 
(4) CITIZEN SUITS.— 
(A) IN GENERAL.—A citizen harmed by a 
violation of this section may enforce this section 
by bringing a civil action for a declaratory judg-
ment, a temporary restraining order, an injunc-
tion, statutory damages, or other remedy 
against any alleged violator, including the 
United States, in any district court of the 
United States. 
(B) JUDICIAL RELIEF.—If a district court 
of the United States determines that a violation 
of this section has occurred, the district court— 
(i) shall impose a damage award of 
not less than $5,000; 
(ii) may issue 1 or more injunctions 
or other forms of equitable relief; and 
(iii) shall award to each prevailing 
party the reasonable costs of bringing the 
action, including attorney’s fees, witness 
fees, and other necessary expenses. 
(C) STANDARD OF PROOF.—The standard 
of proof in all actions under this paragraph 
shall be the preponderance of the evidence. 
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(D) TRIAL.—A trial for any action under 
this section shall be de novo. 
(E) PAYMENT OF DAMAGES.— 
(i) 
NON-FEDERAL
VIOLATOR.—A 
damage award under subparagraph (B)(i) 
shall be paid by a non-Federal violator or 
violators designated by the court to the 
Treasury. 
(ii) FEDERAL VIOLATOR.— 
(I) IN GENERAL.—Not later than 
40 days after the date on which judg-
ment is rendered, a damage award 
under subparagraph (B)(i) 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. 
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(III) COURT COSTS.—Any award 
of costs of litigation and any award of 
attorney fees shall be paid by a Fed-
eral violator not later than 40 days 
after the date on which judgment is 
rendered. 
(5) WAIVER OF SOVEREIGN IMMUNITY.— 
(A) IN GENERAL.—The United States (in-
cluding agents and employees of the United 
States) waives its sovereign immunity in all re-
spects in all actions under this section. 
(B) NOTICE.—No notice is required to en-
force this subsection. 
TITLE III—EFFECTIVE DATE 
SEC. 301. EFFECTIVE DATE. 
This Act and the amendments made by this Act take 
effect on the date of enactment of this Act. 
SEC. 302. EFFECT ON EXISTING CONTRACTS. 
This Act and the amendments made by this Act shall 
not apply to any contract for the sale of timber that was 
entered into on or before the date of enactment of this 
Act. 
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SEC. 303. WILDERNESS ACT EXCLUSION. 
This Act and the amendments made by this Act shall 
not apply to any Federal wilderness area designated under 
the Wilderness Act (16 U.S.C. 1131 et seq.). 
TITLE IV—GIANT SEQUOIA 
NATIONAL MONUMENT 
SEC. 401. FINDINGS. 
Congress finds that— 
(1) in accordance with section 2 of the Act of 
June 8, 1906 (16 U.S.C. 431), the Giant Sequoia 
National Monument was established by Presidential 
Proclamation number 7295, dated April 15, 2000 
(65 Fed. Reg. 24095); 
(2) the Proclamation provided the following: 
‘‘The rich and varied landscape of the Giant Sequoia 
National Monument holds a diverse array of sci-
entific and historic resources. Magnificent groves of 
towering giant sequoias, the world’s largest trees, 
are interspersed within a great belt of coniferous 
forest, jeweled with mountain meadows. Bold gra-
nitic domes and spires, and plunging gorges, texture 
the landscape. The area’s elevation climbs from 
about 1,600 to 10,365 feet over a distance of only 
a few miles, capturing an extraordinary number of 
habitats within a relatively small area. This spec-
trum of ecosystems is home to a diverse array of 
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plants and animals, many of which are rare or en-
demic to the southern Sierra Nevada. The monu-
ment embraces limestone caverns and holds unique 
paleological resources documenting tens of thou-
sands of years of ecosystem change. The monument 
also has many archaeological sites recording Native 
American occupation and adaptations to this com-
plex landscape, and historic commercial exploitation 
of the giant sequoias. The monument provides exem-
plary opportunities for biologists, geologists, paleon-
tologists, archaeologists, and historians to study 
these objects.’’; 
(3) the various ecosystems cited as the basis for 
establishment of the Monument— 
(A) extend beyond the existing boundaries 
of the Monument; and 
(B) encompass the fragile and extremely 
diverse southern Sierra Nevada bioregion and 
the overlapping Mohave ecosystem; 
(4) to protect all the ecosystems and objects de-
scribed in the Proclamation, the boundaries of the 
Monument must be extended to provide for water-
shed integrity, seasonal wildlife migrations, and 
other benefits; 
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(5) even though the primary reason for estab-
lishing the Monument was to rescue the area from 
the effects of road building and severe logging imple-
mented by the Forest Service, the Proclamation left 
the Monument under the jurisdiction of the Chief of 
the Forest Service; 
(6) the Proclamation provides the following: 
‘‘No portion of the Monument shall be considered to 
be suited for timber production, and no part of the 
Monument shall be used in a calculation or provision 
of a sustained yield of timber from the Sequoia Na-
tional Forest.’’; 
(7) the final environmental impact statement 
for a management plan for the Monument prepared 
by the Forest Service would continue the widespread 
felling of forests in the Monument in direct con-
travention of the intent and text of the Proclama-
tion; 
(8) the Proclamation provided that ‘‘[t]hese for-
ests [in the Monument] need restoration to counter-
act the effects of a century of fire suppression and 
logging’’; 
(9) throughout the history of the Forest Serv-
ice, the Forest Service has been focused on the log-
ging of public land for the purpose of selling timber; 
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(10) because of this emphasis on logging and 
for other reasons, the National Park Service would 
be better able to manage the Monument than the 
Forest Service; 
(11) the National Park Service manages 73 na-
tional monuments, most of which were originally 
under the jurisdiction of the Forest Service and were 
later transferred to the National Park System by an 
Act of Congress or by Executive Order; 
(12) for example, in 1933 President Herbert 
Hoover and President Franklin D. Roosevelt gave 
the National Park Service jurisdiction over all 16 
national monuments that were not already units of 
the National Park System; 
(13) in most cases, national monuments estab-
lished by presidential proclamation and assigned to 
the Forest Service or other Federal agencies have 
been ultimately transferred to the Secretary of the 
Interior, to be managed by the National Park Serv-
ice; 
(14) in a number of cases, Congress has even-
tually converted national monuments under the ju-
risdiction of the National Park Service into national 
parks; 
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(15) national monuments that were converted 
into national parks include the Grand Canyon Na-
tional Park, Olympic National Park, and Death Val-
ley National Park; 
(16) Congress has converted large areas of na-
tional forests into some of the national parks and 
national monuments most cherished by the people of 
the United States; 
(17) prominent examples of conversions in the 
region of the Monument are— 
(A) Kings Canyon National Park, which 
was created out of the Sierra National Forest 
and Sequoia National Forest in 1940; 
(B) the major eastward extension doubling 
the size of Sequoia National Park in 1926, with 
land for the addition being taken from the Se-
quoia National Forest; and 
(C) the Mineral King addition to the Se-
quoia National Park in 1978, with land for the 
addition being taken from Sequoia National 
Forest; 
(18) the Monument has more acres of sequoia 
groves than are contained in Sequoia, Kings Canyon, 
Yosemite, and Calaveras Big Tree, which are the 
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only national parks and State parks in which se-
quoias occur; 
(19) the largest tree in the world may still 
await discovery in some remote area of the Monu-
ment; 
(20) to save the ecological integrity of the 
Monument, it is essential that the approximately 
40,640 acres of land between the Western Divide 
(commonly known as the ‘‘Greenhorn Mountains’’) 
and the center line of the Kern River, south to the 
boundary line between Tulare and Kern counties, be 
included in the monument; 
(21) Sequoia National Forest land, north of Se-
quoia National Park, should be added to the Sierra 
National Forest, which adjoins the Sierra National 
Forest on the north; 
(22) for reasons of accessibility, economy, and 
general efficiency of operation, the remaining Se-
quoia National Forest territory south of Sequoia Na-
tional Park belongs in the Inyo National Forest, 
which already shares the Golden Trout Wilderness 
with the Sequoia National Forest; and 
(23) the overlapping jurisdiction with respect to 
the Sequoia National Forest territory results in 
needlessly wasteful management procedures. 
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100 
SEC. 402. DEFINITIONS. 
In this title: 
(1) ADVISORY
BOARD.—The term ‘‘Advisory 
Board’’ means the Giant Sequoia National Monu-
ment Advisory Board established under section 
404(d)(1). 
(2) MANAGEMENT PLAN.—The term ‘‘manage-
ment plan’’ means the management plan for the 
Monument required by the Proclamation. 
(3) 
MONUMENT.—The 
term 
‘‘Monument’’ 
means the Giant Sequoia National Monument estab-
lished by the Proclamation. 
(4) PROCLAMATION.—The term ‘‘Proclama-
tion’’ means the Presidential Proclamation number 
7295, dated April 15, 2000 (65 Fed. Reg. 24095). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior, acting through the Di-
rector of the National Park Service. 
(6) SUPERINTENDENT.—The term ‘‘Super-
intendent’’ means the Superintendent of the Monu-
ment appointed under section 404(c). 
SEC. 403. ADDITIONS TO GIANT SEQUOIA NATIONAL MONU-
MENT. 
(a) IN GENERAL.—There is added to the Monu-
ment— 
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101 
(1) the approximately 40,640 acres of land be-
tween the Western Divide (commonly known as the 
‘‘Greenhorn Mountains’’) and the center line of the 
Kern River, south to the boundary line between 
Tulare and Kern counties; and 
(2) the Jenny Lakes Wilderness. 
(b) BOUNDARY REVISION.—The boundary of the 
Monument is revised to reflect the addition of the land 
to the Monument under subsection (a). 
SEC. 404. TRANSFER OF ADMINISTRATIVE JURISDICTION 
OVER THE GIANT SEQUOIA NATIONAL MONU-
MENT. 
(a) IN GENERAL.—Administrative jurisdiction over 
the Monument is transferred from the Secretary of Agri-
culture to the Secretary. 
(b) APPLICABLE LAW.—The Monument shall be ad-
ministered in accordance with the Proclamation, except 
that any deliberations of the Chief of the Forest Service 
with respect to management of the Monument shall be set 
aside. 
(c) SUPERINTENDENT.—The Secretary shall appoint 
a Superintendent for the Monument to administer the 
Monument. 
(d) ADVISORY BOARD.— 
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102 
(1) IN GENERAL.—The Superintendent shall es-
tablish an advisory board, to be known as the 
‘‘Giant 
Sequoia 
National 
Monument 
Advisory 
Board’’, comprised of 9 members, to be appointed by 
the Superintendent. 
(2) PROHIBITION
ON
FEDERAL
GOVERNMENT 
EMPLOYMENT.—Members of the Advisory Board 
shall not be employees of the Federal Government. 
(3) TERMS.— 
(A) IN GENERAL.—A member of the Advi-
sory Board shall serve for a term of not more 
than 4 years. 
(B) 
INTERVALS.—The 
Superintendent 
shall appoint members of the Advisory Board in 
a manner that allows the terms of the members 
to expire at staggered intervals. 
(4) DUTIES.—The Advisory Board shall— 
(A) assist in the preparation of the man-
agement plan; and 
(B) provide recommendations with respect 
to the management of the Monument. 
(5) PROCEDURES.—The Superintendent shall 
establish procedures and standards for the Advisory 
Board. 
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