I
106TH CONGRESS
1ST SESSION
H. R. 2077
To establish a National Forest Preserve consisting of certain Federal lands
in the Sequoia National Forest in the State of California to protect
and preserve remaining Giant Sequoia ecosystems and to provide in-
creased recreational opportunities in connection with such ecosystems.
IN THE HOUSE OF REPRESENTATIVES
JUNE 8, 1999
Mr. BROWN of California introduced the following bill; which was referred to
the Committee on Resources
A BILL
To establish a National Forest Preserve consisting of certain
Federal lands in the Sequoia National Forest in the
State of California to protect and preserve remaining
Giant Sequoia ecosystems and to provide increased rec-
reational opportunities in connection with such eco-
systems.
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 TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Sequoia Ecosystem and Recreation Preserve Act of
1999’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Expansion and establishment of wilderness areas in Sequoia and Inyo
National Forests.
Sec. 5. Establishment of Giant Sequoia National Forest Preserve.
Sec. 6. Purposes of Preserve.
Sec. 7. Preserve Scientific Advisory Team.
Sec. 8. Management plan.
Sec. 9. Designation of ancient forest reserves.
Sec. 10. Preserve transportation and access.
Sec. 11. Recreational facilities.
Sec. 12. Effect of Preserve on activities previously conducted in area covered
by Preserve.
Sec. 13. Effect of Preserve on other public or private interests.
Sec. 14. Water rights.
Sec. 15. Payments to local governments.
Sec. 16. Community Assistance Task Force.
Sec. 17. Preparation of budget proposal for Preserve.
Sec. 18. Authorization of appropriations.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) 
Giant 
Sequoia 
trees 
(Sequoiadendron
giganteum) are the largest of all living things and
the most majestic trees on earth. Without any help
or hindrance from humans, Giant Sequoia have lived
up to 3200 years and attained a height of 275 feet,
a diameter of 38 feet, a circumference of 120 feet,
and a weight of over 12,000,000 pounds. The largest
tree currently in the National Forest System is lo-
cated in the Sequoia National Forest, the Boole
Tree, a Giant Sequoia that stands 269 feet high and
has a diameter of 29 feet.
(2) Giant Sequoias are survivors of a genus of
trees which once covered most of the northern hemi-
sphere, but are now native to only a small portion
of the Sierra Nevada range in the State of Cali-
fornia.
(3) The ancient forests of the Sequoia National
Forest are the homes of rare, threatened, and en-
dangered species of plants and wildlife.
(4) The ancient forests of the Sequoia National
Forest provide outstanding and unique recreational
opportunities for the people of the United States. Of
those units of the National Forest System located in
the Sierra Nevada range, the Sequoia National For-
est is located closest to Los Angeles and the bur-
geoning population in the Central Valley.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) PRESERVE.—The term ‘‘Preserve’’ means
the Federal lands included in the Giant Sequoia Na-
tional Forest Preserve established in section 5.
(2) SECRETARY.—The term ‘‘the Secretary’’
means the Secretary of Agriculture.
(3) GROVE.—The term ‘‘grove’’ means any
stand or group of Giant Sequoia in the Preserve
identified by Forest Service methods in effect on the
date of the enactment of this Act.
(4) MANAGEMENT PLAN.—The term ‘‘manage-
ment plan’’ means the management plan prepared
after the date of the enactment of this Act for man-
agement of the Preserve.
(5) ANCIENT
FOREST
RESERVES.—The term
‘‘ancient forest reserves’’ means lands in the Pre-
serve designated under section 9 on which—
(A) motorized vehicles may be used only on
designated roads; and
(B) only the least possible amount of me-
chanical manipulation or intervention in natural
processes shall be allowed.
(6) NATURAL
STATE.—The term ‘‘natural
state’’ means the conditions that are within the
range of variability in structure and composition
that occurred during the last few millennia and
which will promote ecosystem stability and resil-
iency.
(7) SCIENTIFIC
ADVISORY
TEAM.—The term
‘‘Scientific Advisory Team’’ means the Scientific Ad-
visory Team established pursuant to section 7.
(8) TASK
FORCE.—The term ‘‘Task Force’’
means the Community Assistance Task Force estab-
lished under section 16.
SEC. 4. EXPANSION AND ESTABLISHMENT OF WILDERNESS
AREAS IN SEQUOIA AND INYO NATIONAL
FORESTS.
In furtherance of the purpose of the Wilderness Act
(16 U.S.C. 1131 et seq.), and the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701 et seq.),
the following lands in the State of California, as generally
depicted on the maps referenced in this section, are hereby
designated as wilderness areas and shall be administered
as components of the National Wilderness Preservation
System:
(1) Certain lands in the Sequoia National For-
est and the Inyo National Forest, which comprise
approximately 20,800 acres, as generally depicted on
a map entitled ‘‘Golden Trout Wilderness Addi-
tions—Proposed’’, and which are hereby incor-
porated in, and which shall be deemed to be part of,
the Golden Trout Wilderness designated by section
2(b) of Public Law 95–237 (92 Stat. 41).
(2) Certain lands in the Sequoia National For-
est, which comprise approximately 28,540 acres, as
generally depicted on a map entitled ‘‘Golden Trout
Wilderness Additions—Proposed 2’’, and which are
hereby incorporated in, and which shall be deemed
to be part of, the Golden Trout Wilderness des-
ignated by section 2(b) of Public Law 95–237 (92
Stat. 41).
(3) Certain lands in the Sequoia National For-
est, which comprise approximately 12,071 acres, as
generally depicted on a map entitled ‘‘Domeland
Wilderness Additions—Proposed’’, and which are
hereby incorporated in, and which shall be deemed
to be part of, the Domeland Wilderness originally
designated by section 3 of Public Law 88–577 (78
Stat. 891).
(4) Certain lands in the Sequoia National For-
est, which comprise approximately 39,398 acres, as
generally depicted on a map entitled ‘‘Bright Star
Wilderness—Proposed’’, and which are hereby incor-
porated in, and which shall be deemed to be part of,
the Bright Star Wilderness designated by section
102(6) of Public Law 103–433 (108 Stat. 4473).
(5) Certain lands in the Sequoia National For-
est, which comprise approximately 56,630 acres, as
generally depicted on a map entitled ‘‘Golden Trout
Wilderness Additions—Proposed 3’’, and which are
hereby incorporated in, and which shall be deemed
to be part of, the Golden Trout Wilderness des-
ignated by section 2(b) of Public Law 95–237 (92
Stat. 41).
(6) Certain lands in the Sequoia National For-
est, which comprise approximately 12,531 acres, as
generally depicted on a map entitled ‘‘Slate Moun-
tain Wilderness Area—Proposed’’, and shall be
known as the Slate Mountain Wilderness.
SEC. 5. ESTABLISHMENT OF GIANT SEQUOIA NATIONAL
FOREST PRESERVE.
(a) ESTABLISHMENT.—There is hereby established
the Giant Sequoia National Forest Preserve, consisting of
certain federally owned lands within the Sequoia National
Forest in the State of California. The Preserve shall com-
prise approximately 340,835 acres as generally depicted
on the map entitled, ‘‘Giant Sequoia National Forest Pre-
serve, 1995’’, dated llllll and numbered
llllll. Federal lands included in the Preserve are
dedicated in perpetuity for the preservation and restora-
tion of natural processes and the promotion of recreational
activity, scientific study, and other similar purposes as
specified in this Act.
(b) UNIT OF NATIONAL FOREST SYSTEM.—The Sec-
retary, acting through the Forest Service, shall administer
the Preserve as a separate unit within the National Forest
SEC. 6. PURPOSES OF PRESERVE.
(a) IN GENERAL.—It is the purpose of this Act not
only to protect and maintain the groves of Giant Sequoias
in the Preserve, their supporting ecosystems, and associ-
ated forests, but also to preserve the natural state and
processes that have created and maintained these forests
for millennia.
(b) SPECIFIC PURPOSES.—Subject to subsection (c),
the Preserve is established for the purposes of—
(1) assuring the ecological integrity and rec-
reational resources of the Federal lands in the Pre-
serve;
(2) protecting the Giant Sequoia groves as well
as all contiguous Federal lands in the Preserve and
assuring the perpetuation and continuation of the
many ecosystems and the essential and natural proc-
esses in the Preserve;
(3) providing optimum habitat for all indige-
nous species found, as of the date of the enactment
of this Act, in the Preserve;
(4) promoting and coordinating research in the
Preserve to compile information about the Giant Se-
quoia and other Sierra Nevada ecosystems;
(5) providing optimum water quality, air qual-
ity, soil quality, and scenic quality in the Preserve,
consistent with other Federal and State laws; and
(6) providing increased opportunities for recre-
ation, including hiking, horseback riding, camping,
use of off-highway vehicles, crosscountry skiing, and
nature studies, consistent with the purposes speci-
fied in the preceding paragraphs.
(c) PROHIBITIONS.—Regardless of the specific men-
tion of an authorized activity in this Act, the Secretary
shall not permit an activity to continue or to be initiated
in the Preserve if the Secretary determines that the activ-
ity will, over time, degrade the health or cause the ulti-
mate destruction of the Giant Sequoia ecosystem or other
ecosystems in the Preserve. No portion of the Preserve
shall be within the timber base or used in a calculation
or basis for a sustained yield of timber.
SEC. 7. PRESERVE SCIENTIFIC ADVISORY TEAM.
(a) ESTABLISHMENT.—The Secretary shall appoint a
Scientific Advisory Team for the Preserve consisting of at
least 9 physical and biological scientists from such fields
as Sequoia ecology, hydrology, wildlife biology, landscape
ecology, conservation biology, soil science, geology, and
wildfire behavior. Not more than 3 members of the Sci-
entific Advisory Team may be current or retired employees
of the Forest Service.
(b) ROLE IN PREPARATION OF PRESERVE MANAGE-
MENT PLAN.—The Scientific Advisory Team shall give ad-
vice and guidance to the Forest Service during preparation
of the management plan, assist with the study of data re-
garding the Preserve, review and make recommendations
on reports developed in connection with the Preserve, and
perform other duties as requested by the Secretary. The
Scientific Advisory Team shall target its efforts toward as-
suring that the management plan is consistent with the
overall purposes of this Act and with the best and most
current scientific knowledge and research.
(c) ROLE IN PREPARATION OF LAND CONDITION
SURVEYS AND REPORTS.—The Scientific Advisory Team
shall advise the Forest Service in compiling informational
reports, which shall include surveys of the condition of
lands within the Preserve and which will be used in pre-
paring the management plan. The Forest Service shall
complete the surveys within one year after the date of the
enactment of this Act. These surveys and reports shall ad-
dress the following issues:
(1) FIRE AND FUEL.—Compilation of existing
data and a report regarding historical and pre-
historical fire and surveys of current fuel loading
with identification of areas that exceed the natural
range of fuels build-up. The Scientific Advisory
Team shall review the surveys and make rec-
ommendations for restoration of these areas.
(2) ARTIFICIALLY PLANTED SEQUOIAS.—Com-
pilation of existing data and a report regarding
sources of Sequoia seedlings planted within and ad-
jacent to Sequoia groves. The Team shall review re-
ports and make recommendations as to the need for
remediation to protect the integrity of individual
grove genetics.
(3) PREVIOUSLY LOGGED AREAS.—Compilation
of information and a report on previously logged
areas focusing on species mix, age, and arrange-
ment. The Scientific Advisory Team shall make rec-
ommendations for management strategies which will
result in the eventual restoration of these lands to
a natural state. Certain areas where logging has oc-
curred in both recent and historical times may be
recommended to remain unrestored and designated
as historic sites, interpretive areas, or for scientific
purposes.
(d) INTERAGENCY COOPERATION
AND COORDINA-
TION.—The Scientific Advisory Team shall cooperate with
other agencies that are engaged in managing Sequoia eco-
systems in order to facilitate interagency cooperation,
sharing of scientific information and data, and to maxi-
mize usefulness of past, present, and future research.
(e) TEAM FINDINGS.—The Scientific Advisory Team
shall not be required to reach consensus regarding its find-
ings on any issue, but the Scientific Advisory Team should
furnish comments, recommendations, and findings in a
format which will allow for a majority as well as dissenting
opinions.
(f) PUBLIC ACCESS TO INFORMATION.—All informa-
tion developed for and by the Scientific Advisory Team
and the Forest Service under this section, including min-
utes, summaries, memos, majority recommendations, and
dissenting opinions, shall be retained at the office of the
Forest Supervisor, Sequoia National Forest, and shall be
readily available to the public.
(g) FUTURE ACTIVITIES OF TEAM.—After the final
management plan has been published and any administra-
tive appeals have completed the appeal process, the Sci-
entific Advisory Team shall remain available for peer re-
view of proposed projects, monitoring, and such other du-
ties that the Secretary may request.
(h) COMPENSATION.—Members of the Scientific Ad-
visory Team shall serve without compensation, except that
the Secretary may reimburse members of the Scientific
Advisory Team for their direct costs of participating in
the activities of the Scientific Advisory Team.
SEC. 8. MANAGEMENT PLAN.
(a) PREPARATION.—Not later than five years after
the date of the enactment of this Act, the Secretary shall
publish as a freestanding document a final management
plan for the Preserve that shall include at least the fol-
lowing:
(1) The measures, standards, and guidelines
needed to protect, restore, and enhance the natural
and scientific values of the Preserve and recreational
resources of the Preserve.
(2) All other measures intended to carry out
the purposes and provisions of this Act, including
specific delineation of planned administrative activi-
ties to carry out this Act.
(3) Provisions and maps of areas designated as
ancient forest reserves, and the process by which ad-
ditional areas may be designated as ancient forest
reserves.
(4) Other specific measures required by this
Act.
(b) INTERIM MANAGEMENT.—Pending the comple-
tion of the management plan, the Secretary shall manage
the Preserve in a manner consistent with the purposes and
provisions of this Act. The Secretary shall buy out any
timber contracts in existence on the date of the enactment
of this Act that authorize harvesting in the Preserve. Be-
tween the date of the enactment of this Act and the date
the management plan is final, the Secretary shall approve
or initiate only those interim management activities that
are consistent with the purposes of this Act.
(c) ADMINISTRATIVE APPEALS.—The management
plan and all of the notices of decision, decision notices,
and decision memos for the management plan and for
projects implementing the management plan shall be sub-
ject to administrative appeal as provided by law.
(d) PUBLIC SAFETY.—Nothing in this Act shall be
construed to prohibit the Secretary from undertaking or
permitting those activities in the Preserve that the Sec-
retary considers necessary to ensure public safety and pre-
vent loss of life and property.
SEC. 9. DESIGNATION OF ANCIENT FOREST RESERVES.
(a) DESIGNATION.—As part of the management plan,
the Secretary shall designate and map the ancient forest
reserves.
(b) SPECIFIED
ANCIENT
FOREST
RESERVES.—
Lands designated as ancient forest reserves shall include
at least the following: The Freeman Creek watershed, the
McIntyre Complex Groves, the Moses Roadless Area, the
Slate Mountain Roadless Area, the Rincon Roadless Area,
Deer Meadow, and the Agnew and Kennedy Sequoia
Groves.
(c) SUBSEQUENT DESIGNATIONS.—Additional areas
may be designated as ancient forest reserves after the
completion of the management plan by amending the man-
agement plan. Such additions shall be based on public
input and scientific recommendations.
SEC. 10. PRESERVE TRANSPORTATION AND ACCESS.
(a) IN GENERAL.—The management plan shall in-
clude a comprehensive transportation plan for the Pre-
serve. In order to protect the natural features of the Pre-
serve, reduce conflicts among users of the Preserve, and
ensure visitor safety, the Secretary may regulate and con-
trol the times and means of access and use of the Pre-
serve.
(b) ROADS.—
(1) NEW CONSTRUCTION PROHIBITED.—Except
for short connecting sections to make loop roads or
to provide access to campgrounds or for other pur-
poses consistent with this Act, no new road con-
struction shall occur within the Preserve. No excep-
tions under the preceding sentence shall be made in
the case of ancient forest reserves and wilderness
areas within the Preserve.
(2) ROAD
CATEGORIES.—The transportation
plan shall locate and map all roads in existence on
the date of the enactment of this Act, whether such
roads are permanent, temporary, or de facto, and
all compacted areas, such as landings and turnouts.
These roads and compacted areas shall be inven-
toried and categorized into one of the following cat-
egories:
(A) Existing roads and compacted areas
which should form the permanent road system
for the Preserve and are consistent with the
purposes of this Act. This category may include
projections for future needs such as new camp-
grounds, interpretive and study centers, and
parking sites.
(B) Roads and compacted areas which are
degrading water quality or ecosystems and
which shall be restored to natural conditions.
(C) Existing roads and compacted areas
which may be converted for use as motorized
vehicle recreation roads without undue resource
damage.
(D) Existing roads and landings which
could be used for off-highway vehicles, including
the construction of short connecting sections to
provide loop trails.
(E) Existing roads and compacted areas
which could be used in conjunction with the of-
ficial trail system for recreation, including
snowmobile, cross-country skiing, recreational
stock, hiking, and interpretive trails and areas
suitable for use by the disabled, including the
use of motorized wheelchairs.
(c) TRAILS.—
(1) IDENTIFICATION
OF
TRAILS.—The trans-
portation plan shall include a trail plan for the Pre-
serve that inventories and maps all trails on the
1956 USGS maps, the 1966 Sequoia National For-
est Recreation Map, historical trails, and trails indi-
cated by public input whether or not they have been
assigned a Forest Service trail number. These trails
shall become the official trail network for the Pre-
serve.
(2) TRAIL LIMITATIONS.—In the trail plan, the
Secretary shall determine which trails will be limited
to nonmotorized, nonmechanized recreation, such as
by horseback and hiking, and which trails will allow
mechanized recreation of various types, such as by
mountain bike and all-terrain vehicles. The Sec-
retary shall base such determinations on sensitivity
of the site, potential for user conflicts, and public
input. There shall be no use of motor vehicles on
trails in ancient forest reserves. The trail plan shall
include provisions to ensure adequate and appro-
priate recreational trail opportunities for disabled in-
dividuals.
(3) RELOCATION AND EXPANSION OF TRAILS.—
Trails may be relocated where currently obliterated
by roads or logging damage or where necessary for
resource protection. Additional trails may be added
to the trail network through the conversion of exist-
ing roads to such purpose. The establishment of new
trails should be considered throughout the Preserve
consistent with the purposes of this Act.
(d) EMERGENCY AND SCIENTIFIC ACCESS.—Nothing
in this section shall be construed to prohibit the use of
motorized vehicles or aircraft for emergency and other es-
sential administrative services, including those services
provided by State and local governments, or for authorized
scientific research when the use of motorized vehicles or
aircraft is a necessary part of such research.
SEC. 11. RECREATIONAL FACILITIES.
(a) EXISTING CAMPGROUNDS.—All campgrounds in
the Preserve on the date of the enactment of this Act,
including campgrounds within grove boundaries or ancient
forest reserves, may remain in place subject to evaluation
by the Secretary.
(b) EXPANSION.—The Secretary shall provide new
camping opportunities in the Preserve in the form of both
developed and primitive sites. The Secretary shall identify
the potential locations of new campgrounds in the trans-
portation plan prepared under section 10. Such camp-
grounds shall be constructed outside of ancient forest re-
serves in locations where they will cause the least resource
damage.
(c) PRIMITIVE CAMPING.—Primitive camping shall be
allowed throughout the Preserve, except that the Secretary
may control the use of certain areas based on usage and
resource conditions.
(d) STOCK CAMPGROUNDS.—In addition to overnight
camping facilities for stock use in existence on the date
of the enactment of this Act, additional horse and other
recreational stockcamping opportunities shall be devel-
oped, including potable and stock water supplies and hold-
ing corrals throughout the Preserve. All new construction
shall be outside of groves and ancient forest reserves and
shall be in areas which will cause the least resource dam-
age and in areas which shall have access to the Preserve
trail network. Potential sites shall be considered in the
transportation plan.
(e) OTHER RECREATIONAL FACILITIES.—The man-
agement plan shall address sites for further study for rec-