(e) CONSULTATION.—The Secretary, or a designee,
shall from time to time, but at least annually, meet and
consult with the Board on matters relating to the protec-
tion and restoration of the Preserve and potential and on-
going research programs within the Preserve.
(f) COMPENSATION.—Members of the Board shall
serve without compensation as such, but the Secretary is
authorized to pay, upon vouchers signed by the Chair, the
expenses reasonably incurred by the Board and its mem-
bers in carrying out their responsibilities under this Act.
(g) VACANCIES.—Any vacancy in the Board shall be
filled in the same manner in which the original appoint-
ment was made.
SEC. 7. ADMINISTRATION.
(a) IN GENERAL.—The Secretary, 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.
(b) ANNUAL RECOMMENDATIONS.—The Secretary, in
cooperation and consultation with the Secretary of the In-
terior and the Administrator of the Environmental Protec-
tion Agency (or their successors), shall make yearly rec-
ommendations to the President and to Congress on other
areas to be designated National Forest Preserves.
(c) OTHER AREA DESIGNATIONS.—Any existing des-
ignated wilderness areas, wild and scenic rivers, or special
management areas lying partly or wholly within the
boundaries of the Preserve at the date of enactment shall
retain such designation and shall continue to be managed
accordingly. Nothing in this Act shall be construed to pro-
hibit designation of additional areas within the boundaries
of the Preserve as wilderness or to prohibit their designa-
tion under similar protective status.
(d) MANAGEMENT PLAN.—Based on recommenda-
tions of the Board, within 2 years after the date of enact-
ment of this Act, the Secretary shall publish a detailed
and comprehensive management plan (‘‘plan’’) for the
Preserve. The initial plan and subsequent plans shall be
freestanding documents. The plans shall include but not
be limited to—
(1) measures for the preservation and restora-
tion of the ecological, botanical, zoological, biological,
scientific, aquatic, atmospheric, scenic and rec-
reational resources of the area; and
(2) identification of all other measures intended
to carry out the purposes and provisions of this Act,
including specific delineation of planned administra-
tive activities to carry out the provisions of sub-
sections (d) through (m) of section 6.
(e) 
TRANSPORTATION.—The 
Secretary, 
acting
through the Forest Service and based upon recommenda-
tions of the Board, shall include as part of the plan a com-
prehensive transportation plan for the Preserve. In order
to protect the natural features of the Preserve, reduce user
conflicts, and ensure visitor safety, the Secretary is au-
thorized, consistent with the purposes and provisions of
the Act, to regulate and control times and means of access
and use of the Preserve and parts thereof. Nothing in this
section shall be construed to prohibit the use of motorized
vehicles or aircraft for emergency and other essential ad-
ministrative services, including those provided by State
and local governments, or when necessary, for authorized
scientific research:
(1) ROADS.—Based on recommendations by the
Board, the transportation plan shall include a de-
tailed analysis of roads needed to be retained and
maintained for restorative, recreational, interpretive,
administrative, and scientific purposes. Consistent
with the purposes and provisions of this Act, roads
and associated developed facilities within the Pre-
serve shall be located in areas which were developed
prior to the establishment of the Preserve. To carry
out the purposes and provisions of this Act, particu-
larly with regard to wildlife protection and regenera-
tion of the forest, the transportation plan shall also
include a program of permanent road closures. The
transportation plan shall indicate on which remain-
ing roads motorized travel and/or recreation, such as
by automobiles, 4-wheel drive vehicles, motorized
dirt bikes or snowmobiles, shall be allowed, as well
as on which roads or trails nonmotorized, mecha-
nized vehicles, such as mountain bikes, shall be al-
lowed. The construction of new roads is inconsistent
with the purposes of this Act, but maintenance of
existing roads is allowed, as are improvements for
reasons of public safety and environmental protec-
tion.
(2) TRAILS.—Based on recommendations by
the Board and consistent with the purposes and pro-
visions of this Act, the Secretary shall provide for
appropriate nonmotorized, primitive recreation op-
portunities within the Preserve, including possible
development of new trails and restoration and main-
tenance of existing trails. The transportation plan
shall indicate which trails will be limited to non-
motorized, nonmechanized recreation, such as by
horseback, and which will allow nonmotorized,
mechanized recreation, such as by mountain bike.
Generally, there shall be no use of trails by motor-
ized vehicles (except in the case of motorized wheel-
chairs on trails specifically designed and constructed
for their use); generally, use of motorized vehicles
shall be restricted to roads only as delineated in sec-
tion 5(d)(1). The transportation plan shall include
provisions ensuring adequate and appropriate rec-
reational trail opportunities for disabled individuals.
(f) RECREATION AND INTERPRETATION.—Based on
recommendations by the Board and consistent with the
purposes and provisions of this Act, the Secretary shall
provide for recreational use of the Preserve and shall pro-
vide recreational and interpretive facilities, including trails
and campgrounds, for the use of the public. The Secretary
may assist adjacent affected local governmental agencies
in the development of related interpretive programs.
(g) REGENERATION.—Based on recommendations by
the Board and consistent with the purposes and provisions
of this Act, the Forest Service shall implement the regen-
eration plan required by the Stipulation for Entry of
Judgment dated 12/27/89 in Sierra Club v. United States
Forest Service, Case No. CVF–87–263 EDP. The objec-
tive of regenerating cut-over giant Sequoia Groves will be
to restore these areas, as nearly as possible, to their
former natural forest condition, provided that restoration
activities have minimal negative impact on the root sys-
tems of the Giant Sequoias. Such work shall commence
within 1 year after the enactment of this Act and shall
be completed within 5 years after enactment.
(h) SCIENTIFIC STUDY AND RESEARCH.—Based on
recommendations by the Board and consistent with the
purposes and provisions of this Act, the Secretary shall
permit the use of the Preserve for scientific study and re-
search, except that the Secretary may impose such restric-
tions as may be necessary to protect public health and
safety and environmental well-being.
(i) FIRE MANAGEMENT.—Acting upon a fire policy
and plan developed by the Board and consistent with the
purposes and provisions of this Act, the Secretary may
take action to reduce fuel load and restore native densities
of the forest. A plan shall be written with a goal of elimi-
nating fire control activities within the Preserve, except
as necessary to protect life and property. Such plan must
be implemented within 2 years of the date of enactment
of this Act. Until such time as the Board determines na-
tive densities have been sufficiently restored, limited con-
trolled burning may be allowed, consistent with the pur-
poses and provisions of this Act, in accordance with the
fire policy and plan noted above. Fuel reduction activities
should not utilize tractors, motorized cables, or other such
heavy ground equipment where such use would cause dam-
age to Preserve soils, plant root systems, or wildlife habi-
tat. Draft animals may be used where appropriate.
(j) HUNTING AND FISHING.—Based on recommenda-
tions of the Board, the Secretary may permit hunting and
fishing on lands and waters within the Preserve consistent
with the purposes and provisions of this Act and in accord-
ance with applicable Federal and State law. Consistent
with the purposes and provisions of this Act, the Secretary
may designate zones where and establish periods when no
hunting or fishing shall be permitted for reasons of public
health and safety, protection of resources, scientific re-
search and activities, or public use and enjoyment. Except
in emergencies, any regulations issued by the Secretary
under this subsection shall be put into effect only after
consultation with the appropriate State agencies respon-
sible for hunting and fishing activities. Nothing in this
subsection shall be construed as affecting the jurisdiction
or responsibilities of the State of California with respect
to wildlife and fish within the Preserve.
(k) TIMBER CUTTING.—(1) Consistent with the pur-
poses and provisions of this Act, timber cutting shall not
be permitted on Federal lands within the Preserve except
for scientific study or as consistent with the fire plan as
established by the Board. Timber cutting for scientific
purposes shall in no case exceed 1⁄20 of 1 percent of the
total Preserve acreage in any given year. Any timber cut-
ting for scientific study must be approved by a 2⁄3 majority
vote of the Board. Timber cutting within 500 yards of Se-
quoia groves is prohibited. In no case shall any timber cut-
ting be permitted for commercial purposes. No timber in
the Preserve shall be included as part of any allowable
sale quantity of timber.
(2) The Secretary is authorized to buy out any exist-
ing signed timber contracts within the boundaries of the
Preserve at the time of enactment, in accordance with ap-
plicable Federal law.
(l) MINERAL AND GEOTHERMAL LEASING.—
(1) PATENTS.—No patent may be issued under
the mining or geothermal laws of the United States
after the date of enactment of this Act for locations
and claims made before the enactment of this Act on
Federal lands located within the boundaries of the
Preserve.
(2) ADMINISTRATION.—All mineral and geo-
thermal exploration, filing of claims, extraction and/
or development on federally owned lands within the
Preserve is prohibited.
(3) WITHDRAWAL.—Federal lands within the
exterior boundary of the Preserve are hereby with-
drawn from all forms of location, entry, and patent
under the United States mining laws, and from the
operation of the mineral leasing laws of the United
States, including all laws pertaining to geothermal
leasing.
(m) WATER RIGHTS.—(1) With respect to the Pre-
serve designated by this Act, Congress hereby reserves a
quantity of water sufficient to fulfill the purposes of this
Act. The priority date of such reserved rights shall be the
date of enactment of this Act.
(2) The Secretary and all other officers of the United
States shall take steps necessary to protect the rights re-
served by paragraph (1), including the filing by the Sec-
retary of a claim for the quantification of such rights in
any present or future 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 the McCarran Amendment (43 U.S.C. 666).
(3) Nothing in this Act shall be construed as a relin-
quishment or reduction of any water rights reserved or
appropriated by the United States in the State of Califor-
nia on or before the date of enactment of this Act.
(4) The Federal water rights reserved by this Act are
specific to the Giant Sequoia National Forest Preserve lo-
cated in the State of California designated by this Act.
Nothing in this Act related to reserved Federal water shall
be construed as establishing a precedent with regard to
any future designations, nor shall it constitute an interpre-
tation of any other Act or any designation made pursuant
thereto.
(n) GRAZING RIGHTS.—(1) Based on recommenda-
tions by the Board and consistent with the purposes and
provisions of this Act, the Secretary may make allowances
for grazing of cattle within the boundaries of the Preserve,
provided that all such grazing shall be ended within 10
years of the date of enactment of this Act.
(2) The Secretary is authorized to buy out any exist-
ing leases for cattle grazing within the boundaries of the
Preserve or to allow use of comparable land on other Na-
tional Forest lands in exchange for any existing leases for
cattle grazing within the boundaries of the Preserve at the
time of enactment of this Act, in accordance with applica-
ble Federal law.
(o) PUBLIC SAFETY.—Nothing in this Act shall pro-
hibit the Secretary from undertaking or permitting those
measures within the Preserve reasonably necessary to en-
sure public safety and prevent loss of life and property.
SEC. 8. ASSISTANCE TO COMMUNITIES.
(a) PAYMENTS TO LOCAL GOVERNMENTS.—In the
case of lands indicated under this Act for inclusion in the
Preserve, in lieu of payments under the Act of May 23,
1908 (16 U.S.C. 500) and under chapter 69 of title 31
of the United States Code, for each year (or portion of
a year) after such acquisition, the Secretary shall make
annual payments under this section to the local govern-
ment of each political subdivision within the boundaries
of which such lands are located which local government
would have received real property tax revenues if such
lands were privately rather than publicly held.
(b) AMOUNT OF PAYMENT.—The amount of the pay-
ment to be made to a local government under this section
for any lands referred to in subsection (a) shall be equiva-
lent to the real property tax which would be paid to the
local government with respect to such lands in the fiscal
year concerned if the lands were in private ownership and
were to be used for timber production. For any parcel of
property, such amount shall be referred to for purposes
of this section as the ‘‘tax-equivalency amount’’.
(c) USES OF PAYMENTS.—At least one-half of all
moneys paid to the local political subdivisions as the tax-
equivalency amount under this Act shall be dedicated for
the purpose of public education. Local political subdivi-
sions receiving payments under this Act shall provide an
annual accounting to the Secretary for all uses of such
payments.
(d) DETERMINATION OF AMOUNT.—For each fiscal
year, the Secretary, after consultation with the Comptrol-
ler General, shall determine a proposed tax-equivalency
amount for all lands within the Preserve. Upon determin-
ing the proposed tax-equivalency amount for any political
subdivision, the Secretary shall notify the local govern-
ment concerned. If the local government notifies the Sec-
retary that the local government 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 to that local government, the local govern-
ment shall notify the Secretary in writing of the amount
which the local government estimates to be the correct tax-
equivalency amount. Upon receipt of such notice, the Sec-
retary shall appoint an arbiter. The local government shall
also appoint an arbiter. The arbiters appointed by the
local government and the Secretary shall jointly appoint
a third arbiter. The three arbiters shall comprise an arbi-
tration panel which shall determine the tax equivalency
amount to be paid under this section. The determination
of the arbitration panel shall be binding on the Secretary
and the local government and shall not be subject to judi-