priation, or disposal under the public lands laws, including
the mining, mineral leasing, geothermal leasing, and mate-
rial sales laws.
SEC. 109. TRADITIONAL CULTURAL AND RELIGIOUS PUR-
POSES.
In recognition of the past use of portions of the area
designated as wilderness by this title by Native Americans
for traditional cultural and religious purposes, the Sec-
retary shall assure access to the wilderness areas by Na-
tive Americans for traditional cultural and religious pur-
poses.
TITLE II—ACQUISITION OF
HEADWATERS FOREST
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Headwaters Forest
Acquisition and Protection Act’’.
SEC. 202. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds that:
(1) The Headwaters Forest, consisting of ap-
proximately 3,000 acres and located in Humboldt
County, California, is the largest grove of old growth
coastal redwoods remaining in private ownership.
(2) The owners of the Headwaters Forest and
additional acres are willing to consent to the public
acquisition of such acreage for just compensation
upon and subject to the terms and conditions of this
title.
(3) Public acquisition of the Headwaters For-
est, and an additional ‘‘buffer zone’’ not to exceed
1,700 acres, upon and subject to the terms and con-
ditions of this title, is likely to create employment
opportunities in Humboldt County, California and
neighboring areas, eliminate the necessity for contin-
ued costly and protracted litigation, contribute to
the preservation of biological diversity, and may en-
hance the survival of certain species by maintenance
of habitats.
(4) The Headwaters Forest is zoned for com-
mercial timber production under the laws of the
State of California and Humboldt County. This zon-
ing is consistent with the historical use of this and
surrounding property. The California Timber Pro-
duction Act of 1982 mandates that land under this
zoning shall be managed for maximum sustainable
production of forest products.
(5) The State of California has the most strin-
gent forestry practice regulations in the United
States. The Owners are entitled to lawful use of
their property under those regulations, and all their
timberlands are managed in accordance with the
same rules.
(6) Since February 1990, the Owners have re-
frained from harvesting the Headwaters Forest in
order to avoid further aggravating public con-
troversy.
(b) PURPOSE.—The purpose of this title is to provide
for the public acquisition of the Headwaters Forest, and
up to 1,700 additional acres, to provide for the protection
of Headwaters Forest by designating it as wilderness, and
to designate Headwaters Forest as a National Biological
Diversity Reserve.
SEC. 203. DEFINITIONS.
As used in this title—
(1) the term ‘‘Headwaters Forest’’ means the
area consisting of approximately 3,000 acres and lo-
cated in Humboldt County, California, containing
the largest grove of virgin old growth coastal red-
woods remaining in private ownership;
(2) the term ‘‘Headwaters Forest Addition’’
means the lands acquired by the Secretary under
section 204(a);
(3) the term ‘‘Owners’’ means the Pacific Lum-
ber Company and Corporations owned and controlled
by the Pacific Lumber Company;
(4) the term ‘‘Acquisition Agreement’’ means
the agreement negotiated under section 205 between
the Secretary and the Owners; and
(5) the term ‘‘Secretary’’ means the Secretary
of the Interior.
SEC. 204. AUTHORIZATION OF ACQUISITION.
(a) IN GENERAL.—(1) Upon and subject to the terms
and conditions of this title, the Secretary shall acquire
from the Owners the lands comprising approximately
4,700 acres, as generally depicted on the map entitled
‘‘Headwaters Forest—Proposed’’.
(2) Upon the acquisition of the Headwaters Forest
Addition, the Secretary shall refrain from designating any
other timberland owned by the owners in Humboldt Coun-
ty, California, as critical habitat under the Endangered
Species Act of 1973 and shall give owners credit for the
habitat value of the Headwaters Forest Addition when is-
suing incidental take permits under that Act.
(3) The designation of the Headwaters Forest Addi-
tion as a National Biological Diversity Reserve under sec-
tion 209 shall be taken into account for the purposes of
planning for Federal lands in Humboldt County, Califor-
nia, under the Forest and Rangeland Renewable Re-
sources Planning Act of 1974 and the National Environ-
mental Policy Act of 1969.
(4) Nothing in this title is intended or shall be con-
strued to evidence any intention by the Congress to au-
thorize future acquisition of lands by the Secretary for the
purpose of providing additional buffer area for the Head-
waters Forest or Headwaters Forest Addition.
(b) CERTAIN CONSENTS.—Lands and interests in
lands within the Headwaters Forest Addition may not be
acquired by the Secretary pursuant to this title without
the consent of the Owners.
(c) DONATIONS.—Notwithstanding any other provi-
sion of law, the Secretary may accept and expend dona-
tions of funds, property, or services from the State of Cali-
fornia for the purpose of acquiring the Headwaters Forest
Addition under this title.
SEC. 205. MANNER OF ACQUISITION.
(a) IN GENERAL.—The Secretary shall forthwith
enter into negotiations with the Owners for a written
agreement providing for the acquisition of the Headwaters
Forest Addition at its appraised fair market value in ex-
change for—
(1) the land containing harvestable timber and
the marketable timber harvesting rights referred to
in sections 106(b) and (c); and
(2) the other property referred to in section
206(d), but only to the extent the appraised fair
market value of the Headwaters Forest exceeds the
appraised fair market value of the land containing
harvestable timber and the marketable timber har-
vesting rights referred to in sections 106(b) and (c).
(b) CONCLUSIVE EFFECT OF ACQUISITION AGREE-
MENT.—Subject only to the express terms of this title, nei-
ther the execution and delivery of the Acquisition Agree-
ment by the Secretary, nor the appraisals and determina-
tions made under this title, nor the performance of such
Acquisition Agreement by the Secretary in accordance
with its terms, shall be subject to review by any adminis-
trative or judicial body or authority.
(c) EFFECT OF FAILURE TO REACH AGREEMENT.—
(1) The authority of the Secretary to acquire lands or in-
terests in lands pursuant to this title shall expire with re-
spect to any portion of the Headwaters Forest Addition
the acquisition of which is not consummated within 18
months following the date of the enactment of this Act
pursuant to an agreement entered into under subsection
(a) by the Secretary and the Owners within 12 months
after the date of the enactment of this Act, unless the
Secretary and the Owners mutually agree to extend either
the 12-month or the 18-month deadline, or both. The
deadline for consummating the exchange may not be ex-
tended beyond 36 months after the date of the enactment
of this Act.
(2) If the exchange is not consummated before the
deadline specified in paragraph (1), any otherwise lawful
activity taken by the Owners in the Headwaters Forest
Addition which results in a taking otherwise prohibited by
section 9(a)(1)(B) of the Endangered Species Act of 1973
(16 U.S.C. 1538(a)(1)(B)) which is incidental to, and not
the purpose of, the carrying out of the activity, shall be
permitted.
(3) Until the Headwaters Forest Addition is acquired
pursuant to this title within the time specified in para-
graph (1) (including any extension under paragraph (1)),
the Owners and their designees shall be entitled to the
full and lawful use and enjoyment thereof and nothing in
this title shall be construed—
(A) to impose any limitation upon any other-
wise lawful use of such lands;
(B) as authority to defer the submission, re-
view, approval, or implementation of any timber har-
vest or similar plan with respect to any portion of
such lands; or
(C) to grant a cause of action against all or any
of the Owners thereof or their designees for engag-
ing in the lawful use of such lands.
(d) SPECIAL RULES.—The following rules shall apply
with respect to the negotiation, execution, delivery and
consummation of the Acquisition Agreement pursuant to
this title:
(1) The ‘‘appraised fair market values’’ of the
Headwaters Forest Addition and of the land con-
taining harvestable timber referred to in section
206(b) and the marketable timber harvesting rights
referred to in section 206(c) shall be determined as
of the date of the enactment of this Act by inde-
pendent appraisers, each of whom shall be qualified
and experienced in appraising timberland. The Sec-
retary and the Owners shall each appoint one such
appraiser within 30 days after the date of the enact-
ment of this Act and the two appraisers so selected
shall mutually select the third appraiser within 30
days thereafter. If the fair market values of any
property or right as determined by the three ap-
praisers are not the same, the lowest of the three
appraisals shall be disregarded and the appraised
fair market value of such property or right shall be
deemed to be equal to the average of the two re-
maining appraisals.
(2) The ‘‘fair market values’’ of the Headwaters
Forest Addition, and of the land containing harvest-
able timber referred to in section 206(b) and the
marketable timber harvesting rights referred to in
section 206(c), shall, as set forth in the Uniform
Standards for Federal Land Acquisitions, be equal
to the amount of cash, or in terms reasonably equiv-
alent to cash, for which in all probability the prop-
erty or rights would be sold by a knowledgeable
owner who is willing but not obligated to sell to a
knowledgeable purchaser who is willing but not obli-
gated to buy; except that no reduction shall be made
in the appraised fair market value of the Head-
waters Forest Addition to reflect the use thereof by
the Secretary to provide critical habitat mitigation
pursuant to sections 104(a)(2) and (3) and applica-
ble law. The fair market value of any property re-
ferred to in section 206(d) shall be as mutually de-
termined by the Secretary and the Owners. If they
cannot agree, they shall utilize an appraisal process
similar to that described in paragraph (1).
(3) The authority of the Secretary to acquire
lands and interests in lands pursuant to this title is
expressly limited to the 4,700 acres comprising the
Headwaters Forest Addition, and, to reduce the cost
of acquisition, the Secretary may, in his sole discre-
tion—
(A) decline to purchase any portion of the
1,700 additional acres surrounding the Head-
waters Forest; and
(B) allow legal uses to be undertaken or
continued on such 1,700 acres,
if the Secretary determines that such failure to pur-
chase or use, as the case may be, will not result in
significant ecological damage to the Headwaters
Forest.
(4) The Acquisition Agreement shall give the
Secretary adequate assurances of reasonable and
perpetual access by the United States and its des-
ignated representatives to the Headwaters Forest
through other lands of the Owners, upon reasonable
terms and conditions as detailed in the Acquisition
Agreement. Such reasonable access shall not inter-
fere with the established legal uses or business oper-
ations of the Owners and others on lands not ac-
quired by the United States pursuant to this title.
(5) The Acquisition Agreement shall allow for
the Owners’ continued access to and commercial op-
eration of two gravel quarries in the 1,700 acres,
unless the Owners are adequately compensated for
foregoing such access and commercial operation.
(6) The Acquisition Agreement shall allow for
the orderly termination of operations on lands ac-
quired by the United States pursuant to this title
and for the removal by the Owners and others of
their equipment, facilities, and personal property
therefrom.
(7) The Acquisition Agreement shall give the
Owners assurances that the Headwaters Forest shall
be managed by the United States so as not to inter-
fere with the lawful conduct of business operations,
including timber harvesting on privately owned lands
adjacent to the Headwaters Forest.
(8) The Acquisition Agreement shall provide for
copies thereof to be supplied promptly to the Com-
mittee on Agriculture, the Committee on Appropria-
tions and the Committee on Resources of the House
of Representatives and the Committee on Agri-
culture, Nutrition and Forestry, the Committee on
Appropriations, and the Committee on Energy and
Natural Resources of the Senate.
(9) If the Acquisition Agreement provides for
the transfer to the Owners of property described in
section 206(d), such Agreement shall provide—
(A) for a closing date, which shall be the
date for consummation of the transactions pro-
vided for by this title and by the Acquisition
Agreement and which shall be at least 45 days
after the date on which the Secretary and the
Owners execute the Acquisition Agreement and
at least 45 days after the date on which the Ac-
quisition Agreement is submitted to the com-
mittees specified in paragraph (8); and
(B) for termination of the Secretary’s obli-
gations under the Acquisition Agreement if leg-
islation disapproving the Acquisition Agreement
is enacted on or before the date on which the
transactions contemplated by the Acquisition
Agreement are consummated.
SEC. 206. PROPERTY TO BE RECEIVED BY OWNERS.
(a) IN GENERAL.—Effective upon and simultaneous
with the acquisition of the Headwaters Forest by the Sec-
retary pursuant to this title, there shall be vested in the
Owners the land containing harvestable timber, the mar-
ketable timber harvesting rights, and the other property
to which the Owners are entitled under the Acquisition
Agreement.
(b) AREA OF PRIORITY.—(1) In determining which
property and property rights to transfer to the Owners
under this title, the Secretary shall give priority to land
containing harvestable timber held by the Secretary lo-
cated in Humboldt County, California, and north of the
baseline of Township 3 South.
(2) The rights described in subsection (c) of this sec-
tion and the other property described in subsection (d) of
this section shall only be transferred to the extent that
the value of the Headwaters Forest Addition exceeds the
value of land described in this subsection.
(c) MARKETABLE TIMBER HARVESTING RIGHTS.—
(1) There shall be transferred to the Owners such timber
harvesting rights on lands administered by the Bureau of
Land Management in California as the Secretary deter-
mines, within 60 days following the date of the enactment
of this Act, to be appropriate. In making the determina-
tion required by the preceding sentence, the Secretary
shall reserve appropriate areas for logging by persons
other than the Owners.
(2) In no event shall the Secretary designate for
transfer any land under subsection (b) of this section or
rights under this subsection unless the Secretary deter-
mines after reasonable inquiry that the harvesting of the
timber represented by such rights will be neither denied
nor delayed by reason of any law or rule of law, or any
judicial or administrative interpretation thereof, of the
United States, the State of California or any subdivision
thereof with respect to habitat, endangered species, or
similar matters and so certifies in writing to the Owners.
(3) Any timber harvesting rights transferred to the
Owners pursuant to this subsection shall be in such form
as the Owners may reasonably request to permit the Own-
ers to sell or otherwise transfer such rights upon their re-
ceipt.
(d) OTHER PROPERTY.—(1) To the extent the
amount of the appraised fair market value of the Head-
waters Forest Addition exceeds the amount of the ap-
praised fair market value of the land containing harvest-
able timber and the marketable timber harvesting rights
referred to in subsections (b) and (c), as are actually re-
ceived by the Owners, there shall be transferred to the
Owners such other property (excluding unliquidated
claims or obligations of any party) of the United States
determined by the Secretary and the Owners to be both
suitable for inclusion in the exchange and to have a fair
market value at least equal to the amount of such excess.
(2) To facilitate consummation of the exchanges con-
templated by this title, the Secretary shall, within 60 days
after the date of the enactment of this Act, provide to the
Owners a list of the properties from which the Secretary
will select any properties ultimately to be transferred to
the Owners pursuant to this subsection. Such properties
shall in no event be limited to properties under the admin-
istrative jurisdiction of the Secretary on the date of the
enactment of this Act.
(3) In selecting properties actually to be transferred
to the Owners pursuant to this subsection, the Secretary
shall give priority to those properties designated by the
Owners within 60 days following the receipt by the Owners
of the list of properties compiled by the Secretary pursu-
ant to this subsection.
(e) SPECIAL RULE FOR FEDERAL TRANSFERS.—For
purposes of making an exchange under this title, property
under the jurisdiction of any other department, agency,
or instrumentality of the United States may be trans-
ferred, subject to any advance approval of the transfer
otherwise required by law, to the administrative jurisdic-
tion of the Secretary if the Secretary identifies the prop-
erty as suitable for use in making such exchange. To facili-
tate approval of a transfer of property under this sub-
section, the Secretary shall promptly submit to the Com-
mittees referred to in section 205(d)(8) proposed legisla-
tion providing for the approvals otherwise required in con-
nection with any such proposed transfer. The transfer of
any property under this subsection shall be made without
compensation to the transferring department, agency, or
instrumentality.
SEC. 207. PAYMENTS TO LOCAL GOVERNMENTS.
(a) PAYMENT IN LIEU OF TAXES.—Solely for pur-
poses of payments made pursuant to chapter 69 of title
31 of the United States Code, all lands comprising Head-
waters Forest Addition to which the Secretary takes own-
ership pursuant to this title shall be deemed to have been
acquired for the purposes specified in section 6904(a) of
such title 31.
(b) 10-YEAR PAYMENT.—(1) Subject to annual ap-
propriations and the provisions of subsection (c), for a pe-
riod of 10 years after acquisition by the United States of
lands acquired by the Secretary pursuant to this title, the
Secretary, with respect to such acquired lands, shall make
annual payments to Humboldt County in the State of
California in an amount equal to the State of California
Timber Yield Tax revenues payable under the California
Revenue and Taxation Code (sec. 38101 et seq.) in effect
as of the date of enactment of this Act that would have
been paid with respect to such lands if the lands had not
been acquired by the United States, as determined by the
Secretary pursuant to this subsection.
(2) The Secretary, in consultation with the Humboldt
County, California, assessor, shall determine the amounts
to be paid pursuant to paragraph (1) of this subsection
based on consideration of a variety of factors including,
but not limited to—
(A) timber actually sold in the subject year
from comparable commercial forest lands of similar
soil type, slope and such determination of appro-
priate timber harvest levels,
(B) comparable timber size class, age, and qual-
ity,
(C) market conditions,
(D) all applicable Federal, State, and local laws
and regulations, and
(E) the goal of sustainable, even-flow harvest or
renewable timber resources.
(c) CALIFORNIA TIMBER YIELD TAX.—The amount
of State of California Timber Yield Tax payments paid
to Humboldt County in any year pursuant to the laws of
California for timber sold from lands acquired under this
title shall be deducted from the sums to be paid to Hum-
boldt County in that year under subsection (b).
SEC. 208. WILDERNESS DESIGNATION.
(a) DESIGNATION.—In furtherance of the purposes of
the Wilderness Act (16 U.S.C. 1131–1136), effective upon
acquisition under section 204, lands in the State of Cali-
fornia which are within the areas generally depicted on
the map referred to in section 204(a)(1) as the ‘‘Head-
waters Forest Wilderness—Proposed’’ are designated as
wilderness and therefore as a component of the National
Wilderness Preservation System. Such lands shall be
known as the Headwaters Forest Wilderness.
(b) MAP AND DESCRIPTION.—As soon as practicable
after the inclusion of any lands in the Headwaters Forest
Wilderness, the Secretary shall file a map and a legal de-
scription of the area so included with the Committee on
Resources of the House of Representatives and with the
Committee on Energy and Natural Resources of the Sen-
ate. The Secretary may correct clerical and typographical
errors in such legal description and such map. Such map
and legal description shall be on file and available for pub-
lic inspection in the offices of the California State Director
of the Bureau of Land Management, and in the offices
of the Ukiah District Manager of the Bureau of Land
Management.
(c) ADMINISTRATION.—Subject to valid existing
rights, the Secretary, acting through the Director of the
Bureau of Land Management, shall administer the lands
designated as wilderness under subsection (a) in accord-
ance with the provisions of the Wilderness Act governing
areas designated by that Act as wilderness, except that
any reference in such provisions to the effective date of
the Wilderness Act (or any similar reference) shall be
deemed to be a reference to the date of acquisition of such
lands under section 204 of this Act.
(d) STATE AUTHORITY OVER FISH
AND WILD-
LIFE.—As provided in section 4(d)(7) of the Wilderness
Act (16 U.S.C. 1133(d)(7)), nothing in this Act shall be
construed as affecting the jurisdiction or responsibilities
of the State of California with respect to wildlife and fish
in any areas designated by this Act as wilderness.
SEC. 209. NATIONAL BIOLOGICAL DIVERSITY RESERVE.
Effective upon acquisition under section 204 or the
enactment of an Act of Congress authorizing the establish-
ment of national biological diversity reserves, whichever is
later, lands in the State of California which are within
the areas generally depicted on the map referred to in sec-
tion 204(a)(1) as the ‘‘Headwaters Forest Wilderness—
Proposed’’ are designated as a National Biological Diver-
sity Reserve under Federal law and shall be administered
accordingly.
SEC. 210. MISCELLANEOUS PROVISIONS.
(a) DONATED PROPERTY.—The Secretary is author-
ized to accept donations of property for use pursuant to
section 205 in acquiring the Headwaters Forest Addition.
Notwithstanding any other provision of law, the Secretary
may convey such property to the Owners and such prop-
erty shall be available for such purposes without further
appropriation and without fiscal year limitation.
(b) BUFFER ZONES.—(1) The Congress does not in-
tend that designation of any area as wilderness under sec-
tion 208 lead to the creation of protective perimeters or
buffer zones around the wilderness area. The fact that
nonwilderness activities or uses can be seen or heard from
areas within a wilderness shall not, of itself, preclude such
activities or uses up to the boundary of the wilderness
area.
(2) Nothing in this title shall lead to or result in the
creation of protective perimeters or buffer zones in pri-
vately owned timberlands around or adjacent to the Head-
waters Forest Addition which are not acquired pursuant
to this title.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to defray the costs of the United States in par-
ticipating in the transactions authorized by this title.
TITLE III—ELKHORN RIDGE
TIMBER SALE
SEC. 301. SUBSTITUTION OF TIMBER FOR CANCELED TIM-
BER SALE.
(a) IN GENERAL.—Notwithstanding the provisions of
the Act of July 31, 1947 (30 U.S.C. 601 et seq.), and
the requirements of section 5402.0–6 of title 43, Code of
Federal Regulations, the Secretary of the Interior, acting
through the Bureau of Land Management, is authorized
to substitute, without competition, a contract for timber
identified for harvest located on public lands administered
by the Bureau of Land Management in the State of Cali-
fornia of comparable value for the following terminated
timber contract: Elkhorn Ridge Timber Sale, Contract No.
CA–050–TS–88–01.
(b) DISCLAIMER.—Nothing in this section shall be
construed as changing any law or policy of the Federal
Government beyond the timber sale substitution specified
in this section.
TITLE IV—SMITH RIVER
NATIONAL RECREATION AREA
SEC. 401. AVAILABILITY OF TIMBER FOR HARVEST IN PRE-
SCRIBED TIMBER MANAGEMENT AREA.
(a) ANNUAL SALE AMOUNTS.—In the case of the
Smith River National Recreation Area established by sec-
tion 4 of the Smith River National Recreation Area Act
(16 U.S.C. 460bbb–2), the amount of timber offered for
sale each year from the prescribed timber management
area identified in section 5(b)(2)(G) of such Act (16
U.S.C. 460bbb–3(b)(2)(G)) shall be between 2,000,000
and 5,000,000 board feet.
(b) PROTECTION OF SPECIES HABITAT.—Adminis-
tration of the other seven management areas of the Smith
River National Recreation Area, as identified in section
5(b)(2) of such Act (16 U.S.C. 460bbb–3(b)(2)), in a
manner consistent with the land and resource manage-
ment plan for the Six Rivers National Forest shall be
deemed to be sufficient protection of species habitat for
the purposes of the Forest and Rangeland Renewable Re-
sources Planning Act of 1974 (16 U.S.C. 1600 et seq.)
and the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.).
TITLE V—CONTRACT OUT DEM-
ONSTRATION OF RESOURCE
MANAGEMENT ACTIVITIES.
SEC. 501. DEMONSTRATION PROGRAM AT SIX RIVERS NA-
TIONAL FOREST.
(a) DEMONSTRATION PROGRAM REQUIRED.—During
the five-year period beginning on the date of the enact-
ment of this Act, the Secretary of Agriculture shall con-
duct a demonstration program to contract out to the pri-
vate sector certain resource management activities at the
Six Rivers National Forest in the State of California. In
contracting out such activities, the Secretary shall endeav-
or, to the greatest extent practicable, to utilize private sec-
tor skills in communities adversely affected by reductions
in the timber sale program for the National Forest Sys-
tem.
(b) TYPES OF ACTIVITIES CONTRACTED OUT.—Ex-
cept as provided in subsection (c), the types of resource
management activities that may be contracted out under
the demonstration program include the following:
(1) Preparation of analyses required under Op-
tion 9 of the Final Supplemental Environmental Im-
pact Statement on Management of Habitat for Late
Successional and Old Growth Forests Related Spe-
cies within the Range of the Northern Spotted Owl.
(2) Preparation of environmental assessments
required in connection with timber sales in the Six
Rivers National Forest.
(3) Performance of resource field work.
(4) Performance of forest plan implementation
monitoring.
(c) RETAINED ACTIVITIES.—The Secretary shall con-
tinue to use employees of the Forest Service to conduct
forest planning and set resource management outputs for
the Six Rivers National Forest, including timber sale lev-
els.
(d) FUNDING.—Using not less than 50 percent of the
funds appropriated for administration of the Six Rivers
National Forest, the Secretary shall enter into contracts
for the performance of the activities described in sub-
section (b).
(e) ANNUAL REPORT.—During each year of the dem-
onstration program, the Secretary shall submit to Con-
gress an annual report and evaluation of the demonstra-
tion program.
TITLE VI—HOOPA VALLEY
RESERVATION
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘Hoopa Valley Reserva-
tion South Boundary Correction Act’’.
SEC. 602. LAND TRANSFER TO RESERVATION.
(a) IN GENERAL.—All right, title, and interest of the
United States in and to the lands described in subsection
(b) shall hereafter be held in trust by the United States
for the benefit of the Hoopa Valley Tribe and shall be part
of the Hoopa Valley Reservation.
(b) LANDS DESCRIBED.—The lands referred to in
subsection (a) are those portions of Townships 7 North
and 8 North, Ranges 5 East and 6 East, Humboldt Merid-
ian, California, within a boundary beginning at a point
on the current south boundary of the Hoopa Valley Indian
Reservation, marked and identified as ‘‘Post H.V.R. No.
8’’ on the Plat of the Hoopa Valley Indian Reservation
prepared from a field survey conducted by C.T. Bissel, Au-
gustus T. Smith and C.A. Robinson, Deputy Surveyors,
approved by the Surveyor General, H. Pratt, March 18,
1892, and extending from said point on a bearing of north
72 degrees 30 minutes east, until intersecting with a line
beginning at a point marked as ‘‘Post H.V.R. No. 3’’ on
said survey and extending on a bearing of south 15 de-
grees 59 minutes east, comprising 2,641 acres more or
less.
SEC. 603. SURVEY.
The Secretary of the Interior, acting through the Bu-
reau of Land Management, shall survey and monument
that portion of the boundary of the Hoopa Valley Reserva-
tion established by the addition of lands made by section
602.
TITLE VII—ADAPTIVE MANAGE-
MENT 
OF 
TIMBER 
RE-
SOURCES FOR OLD GROWTH
DEPENDENT SPECIES
SEC. 701. PREPARATION, IMPLEMENTATION, AND EVALUA-
TION OF ADAPTIVE MANAGEMENT.
(a) PREPARATION OF ADAPTIVE MANAGEMENT RE-
SEARCH PLAN.—Not later than one year after the date
of the enactment of this Act, the Secretary of Agriculture
shall submit to Congress a research plan, including sup-
porting environmental documents, that provides for the
implementation and evaluation of controlled silvicultural
treatments in late successional and old growth timber
stands in the units of the National Forest System speci-
fied in subsection (b) for the purpose of testing the effect
of selected partial-cut harvesting of late successional and
old growth timber on old growth dependent species, such
as the northern spotted owl.
(b) APPLICATION OF RESEARCH PLAN.—Beginning
with the second field season beginning after the date of
the enactment of this Act, the Secretary shall implement
the research plan in the following units of the National
Forest System:
(1) The Hayfork Adaptive Management Area in
the Shasta–Trinity National Forest and the Six Riv-
ers National Forest, California.
(2) The Lower Trinity and Mad River Ranger
Districts in the Six Rivers National Forest.
(c) USE
OF RESEARCH SERVICE.—The Secretary
shall prepare and implement the research plan, including
supporting environmental documents, using the Pacific
Southwest Research Branch of the Forest Service.
(d) WORKFORCE NECESSARY TO IMPLEMENT RE-
SEARCH PLAN.—Administrative and resource manage-
ment activities historically provided in the units of the Na-
tional Forest System specified in subsection (b) by the Na-
tional Forest Systems Branch, including the planning,
preparation, and monitoring of this subtitle, shall be con-
ducted by private contractors. The Secretary shall select
private contractors on the basis of the skills necessary to
perform the anticipated task, with special consideration
given to local contractors that reside in communities ad-
versely affected by reductions in the timber sale program
for the National Forest System. The Secretary shall use
at least 75 percent of the funds calculated under sub-
section (e) for payments to private contractors for plan-
ning, implementation, and monitoring of the research
plan.
(e) FUNDING.—
(1) TRANSFERS OF FUNDS.—Funds necessary
to carry out this subtitle shall be transferred from
the National Forest Systems Funding to National
Forest Research on an annual basis.
(2) CALCULATION OF AMOUNTS.—The amount
of funding that the National Forest Research re-
ceives for purposes of this subtitle shall be calculated
as follows:
(A) The total acres within the Lower Trin-
ity Ranger and Mad River Ranger Districts
plus the acres within the Hayfork Adaptive
Management Area within the Mad River Dis-
trict divided by the total acres of the Six Rivers
National Forest times the total budget for the
preceding fiscal year including trust funds for
the Six Rivers National Forest; plus
(B) The total acres within the Hayfork
Adaptive Management Area divided by the total
acres on the Shasta-Trinity National forest
times the total budget of the preceding year in-
cluding trust funds for the Shasta-Trinity Na-
tional Forests.
(3) 
EXCLUSION
OF
FIRE
SUPPRESSION
COSTS.—When calculating the budget for the pre-
ceding year for the Six Rivers and Shasta Trinity
National Forests, fire suppression cost shall not be
considered.
(f) SCHEDULED SILVICULTURAL TREATMENTS.—Sil-
vicultural treatments under the research plan shall be con-
ducted during the nine consecutive years beginning with
the implementation of the research plan. Silvicultural
treatments shall be performed on not less than 50 percent
of the late successional and old growth timber stands lo-
cated in the areas specified in subsection (b). The total
number of acres being treated in the first five years shall
not vary more than 20 percent from 1⁄9 of the total treat-
ment acres described in the research plan.
(g) USE OF RECEIPTS.—
(1) IN GENERAL.—The Secretary shall use re-
ceipts generated from the sale of forest products re-
sulting from silvicultural treatments under the re-
search plan to implement vegetative management ac-
tivities, fuels treatment activities, and watershed im-
provement projects both inside and outside late suc-
cessional and old growth stands but within the Trin-
ity River and Mad River Watersheds.
(2) MONITORING ACTIVITIES.—Receipts in ex-
cess of 50 cents per thousand board feet generated
from the sale of forest products under the research
plan shall be deposited in the special fund estab-
lished under section 3 of the Act of June 9, 1930
(16 U.S.C. 576b) (commonly known as the
Knutson–Vanderberg Act). Monitoring activities
under subsection (h) shall qualify for funding under
such section, except that the amount expended on
monitoring of projects associated with this section
shall not exceed the receipts deposited.
(h) MONITORING ACTIVITIES.—The Secretary shall
commence monitoring of the effects of research activities
under the research program immediately after implemen-
tation of the research plan. Monitoring activities shall con-
tinue for a period of not less than 15 years. Monitoring
shall include the analysis of short-term impacts to old
growth dependent species, including movement and activ-
ity patterns and long-term demographic pattern changes
associated with implementation of the silvicultural activi-
ties.
TITLE VIII—DEL NORTE COUNTY
UNIFIED SCHOOL DISTRICT
LAND CONVEYANCE
SEC. 801. CONVEYANCE.
As soon as practicable after the date of the enactment
of this Act, the Secretary of Agriculture shall convey to
the Del Norte County Unified School District of Del Norte
County, California, all right, title, and interest of the
United States in and to the property described in section
802.
SEC. 802. PROPERTY DESCRIPTION.
The property referred to in section 801 is that por-
tion of Township 17 North, Range 2 East, Humboldt Me-
ridian in Del Norte County, California, which is further
described as follows:
Beginning at Angle Point No. 3 of Tract 41 as
resurveyed by the Bureau of Land Management
under survey Group No. 1013, approved August 13,
1990, and shown on the official plat thereof; thence
on the line between Angle Points No. 3 and No. 4
of Tract 41, North 89 degrees, 24 minutes, 20 sec-
onds East, a distance of 345.44 feet to Angle Point
No. 4 of Tract 41; thence on the line between Angle
Points No. 4 and No. 5 of Tract 41, South 00 de-
grees, 01 minutes, 20 seconds East, a distance of
517.15 feet; thence West, a distance of 135.79 feet;
thence North 88 degrees, 23 minutes, 01 seconds
West, a distance of 61.00 feet; thence North 39 de-
grees, 58 minutes, 18 seconds West, a distance of
231.37 feet to the East line of Section 21, Township
17 North, Range 2 East; thence along the East line
of Section 21, North 00 degrees, 02 minutes, 20 sec-
onds West, a distance of 334.53 feet to the point of
beginning.
SEC. 803. CONSIDERATION.
The conveyance provided for in section 801 shall be
without consideration except as required by this title.
SEC. 804. CONDITIONS OF CONVEYANCE.
The conveyance provided for in section 801 shall be
subject to the following conditions:
(1) The Del Norte County Unified School Dis-
trict shall covenant that the property conveyed pur-
suant to section 801 will be used primarily for edu-
cational or recreational purposes, or both, for a min-
imum of 25 years after the date of the conveyance.
(2) Del Norte County shall be provided, for no
consideration, an easement for County Road No.
318 which crosses the Northeast corner of the prop-
erty conveyed.
(3) The Pacific Power and Light Company shall
be provided, for no consideration, an easement for
utility equipment as necessary to maintain the level
of service provided by the utility equipment on the
property as of the date of the conveyance.
(4) The United States shall be provided, for no
consideration, an easement to provide access to the
United States property that is south of the property
conveyed.
SEC. 805. BREACH OF COVENANT.
(a) CONSEQUENCES.—If the covenant required by
paragraph (1) of section 804 is breached, the Del Norte
County Unified School District shall—
(1) pay monetary damages to the United States
in an amount equal to the fair market value of the
property conveyed pursuant to section 801 as of the
time that the covenant was breached; or
(2) forfeit to the United States all right, title,
and interest in and to the property conveyed pursu-
ant to section 801.