I
104TH CONGRESS
2D SESSION
H. R. 3873
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
JULY 23, 1996
Mr. BROWN of California (for himself, Mr. YATES, Mr. DELLUMS, Mr. BEIL-
ENSON, Ms. ESHOO, Ms. ROYBAL-ALLARD, Mr. ZIMMER, Mr. WILSON,
Mr. WAXMAN, Mr. BECERRA, Ms. WOOLSEY, Mr. BERMAN, Ms.
LOFGREN, Mr. FILNER, Mr. CLAY, Mr. HINCHEY, Ms. NORTON, Mr.
OLVER, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. FALEOMAVAEGA,
and Ms. SLAUGHTER) 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
ecosystems.
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
1996’’.
(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 of certain wilderness areas to include lands 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 Califor-
nia.
(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 OF CERTAIN WILDERNESS AREAS TO
INCLUDE LANDS IN SEQUOIA AND INYO NA-
TIONAL 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 7,909 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).
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
System in accordance with the purposes and provisions of
this Act.
(c) MAP AND LEGAL DESCRIPTION.—Not later than
six months after the date of the enactment of this Act,
the Secretary shall file a map and a legal description of
the Preserve with the Committee on Resources and the
Committee on Agriculture of the House of Representatives
and with the Committee on Energy and Natural Resources
and the Committee on Agriculture, Forestry, and Nutri-
tion of the Senate. Such map and description shall have
the same force and effect as if included in this Act. The
Secretary may correct clerical and typographical errors in
the map and description.
(d) AVAILABILITY OF MAP.—The map and legal de-
scription prepared pursuant to subsection (c) shall be
made available for public inspection in the office of the
Forest Supervisor, Sequoia National Forest, in the office
of the Regional Forester, United States Forest Service,
Region 5, in the office of the Superintendent, Sequoia Na-
tional Park, in the office of the Director, National Park
Service, Department of the Interior and in the office of
the Chief of the Forest Service, Department of Agri-
culture.
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
ecosystems 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 the office of the For-
est 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 follow-
ing:
(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. The Chief
of the Forest Service shall review and make the final agen-
cy decision on any administrative appeal under this Act.
(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, skid trails, and
turnouts. These roads and compacted areas shall be
inventoried and categorized into one of the following
categories:
(A) Existing roads and areas which should
form the permanent road system for the Pre-
serve and are consistent with the purposes of
this Act. This category may include projections
for future needs such as new campgrounds, in-
terpretive and study centers, and parking sites.
(B) Roads and areas which are degrading
water quality or ecosystems and which shall be
restored to natural conditions.
(C) Existing roads and areas which may be
converted for use as motorized vehicle recre-
ation 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 areas which could
be used in conjunction with the official 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 motor-
ized 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-
reational facilities, such as interpretive facilities, disabled
accessible areas, trailheads, picnic and day-use facilities,
parking areas, scenic lookouts, and campgrounds. These
potential areas shall be identified and coordinated with the
transportation plan.
SEC. 12. EFFECT OF PRESERVE ON ACTIVITIES PRE-
VIOUSLY CONDUCTED IN AREA COVERED BY
PRESERVE.
(a) HUNTING AND FISHING.—Regulations regarding
hunting and fishing in the Preserve shall continue to be
under the jurisdiction of the California Department of
Fish and Game. If hunting and fishing activities adversely
affect the Preserve, the Secretary shall submit rec-
ommendations to the California Department of Fish and
Game regarding changes in such regulations.
(b) FIREWOOD COLLECTION.—The Secretary shall
manage firewood collection based on need and resource
protection, except that the Secretary shall prohibit fire-
wood collection in areas where such collection harms the
resources of the Preserve.
(c) MINERAL AND GEOTHERMAL LEASING.—No pat-
ent may be issued under the mining or geothermal laws
of the United States after the date of the enactment of
this Act on Federal lands in the Preserve, even if the loca-
tion and claim was made before such date. Federal lands
in the Preserve are hereby withdrawn from all forms of
locations, entry, and patent under the United States min-
ing laws, and from the operation of the mineral leasing
laws of the United States, including all laws pertaining
to geothermal leasing.
(d) GRAZING.—Nothing in this Act shall be construed
to prohibit or regulate recreational or commercial grazing.
Grazing in the Preserve shall continue to be regulated by
the Forest Service.
SEC. 13. EFFECT OF PRESERVE ON OTHER PUBLIC OR PRI-
VATE INTERESTS.
(a) STATE AND LOCAL LANDS.—Nothing in this Act
shall be construed to affect State-owned, county-owned, or
municipally-owned land located partially or wholly within
the boundaries of the Preserve.
(b) PRIVATELY OWNED LANDS.—Nothing in this Act
shall be construed to affect the use or ownership of private
land located partially or wholly within the boundaries of
the Preserve on the date of enactment of this Act. Any
action of the Secretary to buy or trade for privately held
lands for inclusion in the Preserve shall require the vol-
untary agreement of the private seller.
(c) SPECIAL-USE PERMITS.—Nothing in this Act
shall be construed to affect Forest Service special-use per-
mits or leases in effect at the time of the enactment of
this Act.
(d) LEASED PRIVATE HOMES
AND CAMPS.—All
homes and camps with valid leases in the Preserve on the
date of the enactment of this Act, and which are otherwise
in compliance with the terms of the leases, shall continue
and may be renewed. Existing special use permits and
leases for homes and camps within the boundaries of the
Preserve are hereby deemed to be consistent with the pur-
poses of this Act. Nothing in this Act shall be construed
to affect the renewal of such permits and leases.
SEC. 14. WATER RIGHTS.
(a) RESERVATION OF RIGHT.—The Congress hereby
reserves a quantity of water sufficient to fulfill the pur-
poses of this Act. The priority date of such reserved water
rights shall be the date of enactment of this Act.
(b) PROTECTION OF RIGHT.—The Secretary and all
other officers of the United States shall take all steps nec-
essary to protect the rights reserved by this section, in-
cluding the filing by the Secretary of a claim for the quan-
tification of such rights in any present or future appro-
priate stream adjudication in the courts of the State of
California in which the United States is or may be joined
and which is conducted in accordance with section 208 of
the Act of July 10, 1952 (66 Stat. 560, 43 U.S.C. 666;
commonly referred to as the ‘‘McCarran Amendment’’).
(c) PRESERVATION OF PRIOR RIGHTS.—Nothing in
this Act shall be construed as a relinquishment or reduc-
tion of any water rights reserved or appropriated by the
United States in the State of California on or before the
date of enactment of this Act.
(d) RULE OF CONSTRUCTION.—The Federal water
rights reserved by this Act are specific to the Preserve.
Nothing in this Act related to the reserved Federal water
rights shall be construed as establishing a precedent with
regard to any future designation, nor shall it constitute
an interpretation of any other Act or any designation
made pursuant thereto.
SEC. 15. PAYMENTS TO LOCAL GOVERNMENTS.
(a) SECTION SUPERSEDES OTHER PAYMENT PROVI-
SIONS.—Payments under this section shall be made in lieu
of payments under the Act of May 23, 1908 (16 U.S.C.
500) and chapter 69 of title 31 of the United States Code
in connection with Federal lands included in the Preserve.
(b) PAYMENTS
REQUIRED.—The Secretary shall
make payments under this section each fiscal year to the
local government of each political subdivision whose
boundaries include Federal lands in the Preserve if such
local government would have received real property tax
revenues had such lands been privately rather than pub-
licly held. In the case of the fiscal year of the enactment
of this Act, the Secretary shall pro rate the payment that
would otherwise be made under this section.
(c) AMOUNT OF PAYMENT.—The amount of the pay-
ment to be made to a local government under this section
shall be equal to the amount of the real property tax which
would be due to the local government with respect to Fed-
eral lands in the Preserve in the fiscal year concerned had
such lands been privately rather than publicly held and
used for timber production in the State of California. For
purposes of this section, the amount of the required pay-
ment be referred to as the ‘‘tax-equivalency amount’’.
(d) 
DETERMINATION
OF
TAX-EQUIVALENCY
AMOUNT.—For each fiscal year, the Secretary, after con-
sultation with the Comptroller General, shall determine a
proposed tax-equivalency amount for all Federal lands in
the Preserve. Upon determining the proposed tax-equiva-
lency amount for any political subdivision, the Secretary
shall notify the local government concerned. If the local
government notifies the Secretary that the local govern-
ment accepts the Secretary’s estimate, the Secretary shall
promptly make such payment to the local government.
(e) DISPUTES.—If a local government objects to the
Secretary’s estimate of the tax-equivalency amount pro-
posed to be paid by the Secretary under this section for
any fiscal year, the local government shall notify the Sec-
retary in writing of the amount which the local govern-
ment estimates to be the correct tax-equivalency amount.
Upon receipt of such notice, the Secretary shall appoint
an arbiter. The local government shall also appoint an ar-
biter. The two arbiters shall jointly appoint a third arbiter.
The three arbiters shall comprise an arbitration panel
which shall determine the tax-equivalency amount to be
paid under this section to the local government. The deter-
mination of the arbitration panel shall be binding on the
Secretary and the local government and shall not be sub-
ject to judicial review, except as provided in sections 10
and 11 of title 9, United States Code.
(f) COSTS OF ARBITRATION.—The costs of any arbi-
tration under subsection (e) shall be paid by the Secretary,
except that if the tax-equivalency amount determined by
the arbitration panel is closer to the amount specified by
the Secretary than to the amount estimated by the local
government, the costs of the arbitration shall be deducted
from the tax-equivalency amount paid to the local govern-
ment.
(g) ACCOUNTING.—As a condition for receiving the
tax-equivalency amount, the local government shall agree
to provide an annual accounting to the Secretary of all
purposes for which the tax-equivalency amount is used and
the amount used for each purpose.
SEC. 16. COMMUNITY ASSISTANCE TASK FORCE.
(a) ESTABLISHMENT.—The Secretary shall establish
a Community Assistance Task Force to oversee the provi-
sion of assistance to communities and workers in political
subdivisions whose boundaries include Federal lands in the
Preserve or contain facilities that milled timber from lands
included in the Preserve during any portion of the five-
year period ending on the date of the enactment of this
Act.
(b) COMMUNITY REQUESTS FOR ASSISTANCE.—Any
community described in subsection (a) that is adversely
affected by loss of Federal timber sales as a result of this
Act may request assistance from the Task Force. The
Task Force shall verify the stated need for the assistance
and the purposes for which the assistance will be used.
(c) TYPES OF COMMUNITY ASSISTANCE.—The Task
Force shall provide assistance (including technical assist-
ance) for the establishment of local community task forces,
retraining programs for workers, diversification of local
economies, and job counseling and job placement services.
Such assistance may be in the form of loans and grants.
The Secretary may authorize the use of facilities, equip-
ment, and personnel of the Department of Agriculture to
provide such assistance.
(d) WORKER REQUESTS
FOR ASSISTANCE.—Any
worker displaced from a job in the timber industry because
of the loss of Federal timber sales as a result of this Act
may request assistance from the Task Force to assist the
worker in securing other employment.
(e) DEVELOPMENT OF EMPLOYMENT OPPORTUNI-
TIES.—The Task Force shall encourage and develop em-
ployment opportunities in the political subdivisions de-
scribed in subsection (a) in forest ecosystem restoration,
recreation, and other forms of employment compatible
with the purposes and provisions of this Act.
(f) TERMINATION.—The Task Force shall terminate
five years after the date of its establishment by the Sec-
retary.
SEC. 17. PREPARATION OF BUDGET PROPOSAL FOR PRE-
SERVE.
In preparing the budget proposal for the Preserve for
each fiscal year, the Secretary shall not target any of the
budget to any commodity production in the Preserve. The
amount of the budget request shall be proportionate to
the funds which the Sequoia National Forest received be-
fore the enactment of this Act.
SEC. 18. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as may be necessary to carry out this Act.
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