[Senate Report 109-47]
[From the U.S. Government Publishing Office]
Calendar No. 66
109th Congress Report
SENATE
1st Session 109-47
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NORTHERN CALIFORNIA COASTAL WILD HERITAGE WILDERNESS ACT
_______
March 30, 2005.--Ordered to be printed
Filed, under authority of the order of the Senate of March 17, 2005
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 128]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 128) to designate certain public land in
Humboldt, Del Norte, Mendocino, Lake, and Napa Counties in the
State of California as wilderness, to designate certain
segments of the Black Butte River in Mendocino County,
California as a wild or scenic river, and for other purposes,
having considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
Purpose
The purposes of S. 128 are to designate approximately
300,000 acres of lands administered by the Forest Service and
Bureau of Land Management in Humboldt, Del Norte, Mendocino,
Lake, and Napa counties in northern California as wilderness;
to release approximately 2,222 acres of lands from wilderness
study status; to designate the 9,655-acre Elkhorn Ridge
Potential Wilderness Area; to designate a 21-mile segment of
the Black Butte River in northern California as a component of
the Wild and Scenic Rivers System; and to modify the boundaries
of the King Range National Conservation Area.
Background and Need
S. 128 would designate over 300,000 acres of wilderness on
lands in northern California. The areas designated as
wilderness by this Act represent some of the most outstanding
wild areas in the State, encompassing both National Forests and
public lands administered by the Bureau of Land Management.
Among the BLM areas designated as wilderness by S. 128 is
over 42,000 acres within the King Range National Conservation
Area. The King Range Wilderness includes the ``Lost Coast,''
the wildest portion of the California coast and the longest
stretch of undeveloped coastline in the continental United
States.
The bill includes significant additions to four existing
wilderness areas in the Mendocino and Six Rivers National
Forests, the Snow Mountain, Yolla Bolly--Middle Eel, Siskiyou,
and Trinity Alps wilderness as well as the creation of nine new
wilderness areas. These areas offer spectacular vistas and
diverse scenery. While the existing wilderness areas include
higher elevation lands, many of the areas added by this bill
include lower elevation areas featuring pine and fir forests,
meadows, oak woodlands, and river canyons. The Trinity Alps
additions shelter the third-largest swath of unprotected old-
growth in northern California.
The designated wilderness areas also provide important
wildlife and fish habitat, including many species of raptors,
black bears, elk, and salmon. The Middle Fork Eel River, which
flows through the Yuki Wilderness, supports up to one-half of
California's remaining summer steelhead trout run and the Cedar
Roughs Wilderness supports the last wild black bear population
in Napa County. The wilderness areas designated by S. 128 are
also popular recreational areas, and are heavily used for
hunting, fishing, hiking and camping.
Legislative History
S. 128 was introduced by Senators Boxer and Feinstein on
January 24, 2005. Similar legislation, S. 738, was sponsored by
Senators Boxer and Feinstein in the 108th Congress. The
Subcommittee on Public Lands and Forests held a hearing on S.
738 on July 21, 2004 (S. Hrg. 108-714). The Senate adopted an
amendment to an unrelated bill, H.R. 620, that included a
Northern California Wilderness title. The language included in
the Senate amendment (S. Amdt. 4048) contained several
modifications to the original S. 738 language, to address
issues raised atthe subcommittee hearing. H.R. 620 passed the
Senate, as amended, on December 7, 2004. The House of Representatives
did not consider the amended version of H.R. 620 prior to the sine die
adjournment of the 108th Congress.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on February 16, 2005, by a unanimous voice
vote of a quorum present, recommends that the Senate pass S.
128.
Section-by-Section Analysis
Section 1 contains the short title.
Section 2 defines the term ``Secretary'' to mean the
Secretary of Agriculture with respect to wilderness areas on
National Forest System lands or the Secretary of the Interior,
for Bureau of Land Management-administered areas.
Section 3 designates approximately 189,448 acres of lands
on the Mendocino and Six Rivers National Forests and
approximately 111,356 acres of lands administered by the Bureau
of Land Management as components of the National Wilderness
Preservation System.
The areas to be designated include:
(1) a 23,312-acre addition, in two areas, to the Snow
Mountain Wilderness in the Mendocino National Forest;
(2) the 10,571-acre Sanhedrin Wilderness in the Mendocino
National Forest.
(3) the 54,087-acre Yuki Wilderness in the Mendocino
National Forest. The Yuki Wilderness consists of 36,185 acres
of National Forest lands and 17,902 acres of Bureau of Land
Management (BLM) administered lands.
(4) a 25,806-acre addition to the Yolla Bolly--Middle Eel
Wilderness in the Mendocino National Forest. The addition
includes 734 acres of BLM lands.
(5) the 6,494-acre Mad River Buttes Wilderness in the Six
Rivers National Forest.
(6) a 48,754 addition, in 5 areas, to the Siskiyou
Wilderness in the Six Rivers National Forest.
(7) the 7,279-acre Mount Lassic Wilderness in the Six
Rivers National Forest.
(8) a 28,805-acre addition, in 4 areas, to the Trinity Alps
Wilderness in the Six Rivers National Forest.
(9) the 2,977-acre Underwood Wilderness in the Six Rivers
National Forest.
(10) the 30,870-acre Cache Creek Wilderness, administered
by the BLM.
(11) the 6,350-acre Cedar Roughs Wilderness, administered
by the BLM.
(12) the 12,915-acre South Fork Eel River Wilderness,
administered by the BLM.
(13) the 42,585-acre King Range Wilderness, administered by
the BLM and within the boundaries of the King Range National
Conservation Area.
(14) all Federally-owned rocks, islets, and islands located
above mean high tide and within 3 miles off the coast of the
King Range National Conservation Area.
Section 4(a) directs the Secretary of Agriculture, for
National Forest System lands, and the Secretary of the
Interior, for BLM-administered lands, to administer the
wilderness areas designated by this Act in accordance with the
Wilderness Act, subject to valid existing rights.
Many of the wilderness areas designated by this Act are
enjoyed by hikers, people on horseback, hunters and fishermen.
In addition, many visitors access these wilderness areas using
commercial outfitters. Most of these outfitters use horses as
pack animals. The Committee understands that the areas
designated as wilderness by this Act are not heavily used by
horses at this time, and consistent with the land managers'
responsibilities to monitor visitor use and protect against
resource damage from overuse, notes that the current level of
horsepacking use in these areas is consistent with wilderness
designation.
At the Committee hearings on a similar bill during the
108th Congress, the Forest Service provided the Committee with
information on the need to develop a plan to restore the late
successional reserve (LSR) of the Sanhedrin Wilderness. The
Committee agrees that wilderness designation can be fully
compatible with such restoration treatments.
The Committee notes that this area has been altered by
human influences, including the suppression of natural burning.
As the Forest Service develops its plan in accordance with this
Act and with the goal of LSR restoration, the Committee
believes the Old Growth characteristics of the LSR are a
primary value of the wilderness. The Committee expects that the
Forest Service can achieve its goal of LSR restoration in
accordance with this Act and the Forest Service's manual on
wilderness management. Specifically, the relevant portion of
the manual (FSM 2323.35a) states:
``Manipulation of Wildlife Habitat. The objective of all
projects must be to perpetuate the wilderness resource;
projects must be necessary to sustain a primary value of a
given wilderness or to perpetuate a federally-listed threatened
or endangered species. To qualify for approval by the Chief,
habitat manipulation projects must satisfy the following
criteria:
``1. The condition needing change is a result of abnormal
human influence.
``2. The project can be accomplished with assurance with
there will be no serious or lasting damage to wilderness
values.
``3. There is reasonable assurance that the project will
accomplish the desired objectives * * *.''
Subsection (b) directs the Secretary to file a map and
legal description of each area designated by this Act with the
House and Senate authorizing committees as soon as practicable
after the date of enactment. The subsection also gives the
Secretary authority to correct technical errors in the maps and
legal descriptions and requires that they be made available for
public inspection.
Subsection (c) provides that any land within the boundary
of a wilderness area designated by this Act is acquired by the
Federal Government, the land shall become part of that
wilderness area and be administered in accordance with the
Wilderness Act.
Subsection (d) withdraws, subject to valid existing rights,
the Federal land designated as wilderness from entry,
appropriation, or disposal under the public land laws; from
location, entry, and patent under the mining laws; and from
disposition under all laws pertaining to mineral or geothermal
leasing or mineral materials.
Subsection (e) pertains to management activities necessary
to prevent or control fire, insects or diseases within the
wilderness areas designated by this Act. The subsection states
that the Secretary may take such measures in the wilderness
areas as are necessary for the control and prevention of fire,
insects, and diseases in accordance with the Wilderness Act and
the report of the House of Representatives Committee on
Interior and Insular Affairs (now Committee on Resources) in
the 98th Congress accompanying H.R. 1437, the California
Wilderness Act of 1983 (H. Rept. 98-40). The Secretary is
directed to review existing policies applicable to the
wilderness areas designated by this Act within one year to
ensure that authorized approval procedures for fire management
measures allow a timely and efficient response to fire
emergencies in the wilderness areas.
The Committee notes that this Act provides the land
management agencies with the necessary flexibility to conduct
fire suppression activities to protect human life and property.
For example, in the King Range Honeydew fire in 2003, which
resulted in 14,000 acres of fire damage in the King Range
National Conservation Area, the Bureau of Land Management
authorized a fire truck and a 3-member crew to be stationed at
the bottom of Telegraph Ridge, within a 4-mile range of the
Franklin property in order to allow easy, quick access to the
Franklin property in the event that fire suppression activities
were warranted. As a result, firefighters were able to fend off
the fire and prevent damage to the Franklin property. The
Committee observes that nothing in this Act would prevent BLM
from continuing this practice when so warranted by fire danger.
Subsection (f) directs the Secretary to provide the owner
of any private property within the boundaries of a wilderness
area designated by this Act with adequate access to their
property to ensure its reasonable use and enjoyment by the
owner.
The subsection clarifies that within the King Range
Wilderness, the route depicted on the map as the access route
for private landowners within wilderness shall also be
available for invitees of the landowners, except that the
Secretary is not required to provide access to the landowners
or their invitees beyond the access that would be available if
the wilderness had not been designated.
The Committee notes that since the establishment of the
King Range National Conservation Area, property owners Linda
Franklin, Mary Smith Etter, and others have been granted access
to their land within the conservation area by the Bureau of
Land Management via the Smith-Etter Road. The Committee intends
that nothing in this Act should in any way alter the access
currently authorized to Franklin, Etter and others under
existing policies.
Subsection (g) clarifies that nothing in this Act prevents
the installation and maintenance of hydrologic, meteorologic,
or climatological instrumentation within the wilderness areas
if the Secretary determines they are appropriate to further the
scientific, educational, and conservation purposes of the
wilderness areas.
Subsection (h) contains language making clear that nothing
in this Act precludes low-level overflights of military
aircraft, the designation of new units of special airspace, or
the use or establishment of military flight training routes
over wilderness areas designated by this Act.
Subsection (i) provides that livestock grazing and the
maintenance of existing facilities within wilderness areas
designated by this Act, where established before the date of
enactment, shall be permitted to continue in accordance with
section 4(d)(4) of the Wilderness Act and the grazing
management guidelines printed in Appendix A of the report of
the House of Representatives Committee on Interior and Insular
Affairs (now Committee on Resources) in the 101st Congress
accompanying H.R. 2570, the Arizona Desert Wilderness Act (H.
Rept. 101-405).
Subsection (j) states that nothing in this Act affects the
jurisdiction of the State of California with respect to fish
and wildlife on public land located in the State. The Committee
notes that nothing in this Act alters the jurisdiction of the
State of California over the management of wildlife in the
areas designated as wilderness, including the issuance of
hunting and fishing licenses.
Subsection (k) directs the Secretary to ensure that Indian
tribes have access to the wilderness areas designated by this
Act for traditional cultural and religious purposes. The
Secretary is authorized to temporarily close a portion of a
wilderness area to the public to protect the privacy of tribal
members during traditional cultural and religious activities.
Access to a wilderness area for the purpose of this subsection
shall be in accordance with the American Indian Religious
Freedom Act and the Wilderness Act.
Subsection (l) clarifies that nothing in this Act creates
buffer zones around any wilderness area designated by this Act.
Section 5 releases those portions of the King Range
Wilderness Study Area, Chemise Mountain Instant Study Area, Red
Mountain Wilderness Study Area, and Cedar Roughs Wilderness
Study Area not designated as wilderness from further wilderness
study status under section 603 of the Federal Land Policy and
Management Act. The subsection also releases those portions of
the Rocky Creek/Cache Creek Wilderness Study Area in Lake
County, California not designated as wilderness. The combined
acreage of the areas released totals approximately 2,222 acres.
Section 6(a) establishes the 9,655-acre Elkhorn Ridge
Potential Wilderness Area, administered by the Bureau of Land
Management.
Subsection (b) directs the Secretary to manage the area as
wilderness, subject to valid existing rights, and except as
provided in subsection (c), until it is designated as
wilderness in accordance with subsection (d).
Subsection (c) authorizes the Secretary to undertake
ecological restoration activities in the potential wilderness
area, including the elimination of non-native species, removal
of certain roads, repair of skid tracks, and other activities
necessary to restore the area's natural ecosystems. The
Secretary is directed to use the minimum tool or administrative
practice necessary to accomplish the restoration with the least
amount of impact on the area's wilderness character and
resources. However, while the area is designated as potential
wilderness, the Secretary is authorized to use motorized
equipment and mechanized transport in the area.
Subsection (d) provides that the area shall be designated
as the Elkhorn Ridge Wilderness upon a finding by the Secretary
that the conditions in the area which are incompatible with
wilderness have been removed or five years after the date of
enactment of this Act, whichever is earlier.
Section 7(a) designates a 21-mile segment of the Black
Butte River as a component of the Wild and Scenic Rivers
System. Two stretches of the river, totaling approximately 17.5
miles, are designated as a ``wild'' river and a 3.5-mile
portion is designated as a ``scenic'' river. The river is to be
administered by the Secretary of Agriculture.
Subsection (b) directs the Secretary to submit a report to
Congress within 18 months after the date of enactment
containing a fire management plan for the river and a report on
the historical and cultural resources along the river corridor.
The report is also to be transmitted to the Mendocino County
Board of Supervisors.
Section 8 amends the enabling legislation for the King
Range National Conservation Area to include additional Bureau
of Land Management-administered lands within the boundary of
the conservation area. The boundary addition along the northern
portion of the conservation area conforms with the boundary of
the King Range Wilderness designated by this Act.
Cost and Budgetary Considerations
The following estimate of the cost of this measure has been
provided by the Congressional Budget Office:
S. 128--Northern California Coastal Wild Heritage Wilderness Act
S. 128 would add approximately 300,000 acres of federal
land located primarily in the Mendocino National Forest and the
Six Rivers National Forest to the National Wilderness
Preservation System. Subject to valid existing rights, each new
area designated as wilderness would be withdrawn from programs
to develop mineral or geothermal resources. The legislation
also would allow five existing wilderness study areas to be
released from consideration for wilderness status. In addition,
S. 128 would designate the Elkhorn Ridge Potential Wilderness
Area as wilderness after appropriate ecological restoration of
the land.
Based on information provided by the U.S. Forest Service
and the Bureau of Land Management (BLM), CBO estimates that
implementing S. 128 would cost $1 million over the next three
years, subject to the availability of appropriated funds. This
amount would be used by the agencies to restore damaged lands
to be added to the wilderness system and to complete various
studies and resource surveys required by the legislation. We
estimate that additional planning and administrative costs to
manage the new wilderness areas would be less than $500,000
annually.
By designating federal lands as wilderness areas (and thus
unavailable for timber harvesting), enacting S. 128 would
result in forgone offsetting receipts (a credit against direct
spending). Based on information provided by the Forest Service
and BLM, CBO estimates that enacting S. 128 would result in
forgone offsetting receipts of less than $500,000 in any year,
but totaling about $5 million over the 2006-2015 period.
(Enacting the bill would not affect revenues.)
S. 128 also would make other changes affecting public lands
in northern California, including releasing certain land from
consideration as potential wilderness and designating new areas
for wilderness study, but CBO estimates that none of these
changes would have any significant effect on the federal
budget.
S. 128 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
Because this bill is expected to result in forgone federal
timber receipts in California, it also would result in forgone
receipts for that state. The federal government pays a portion
of timber receipts to the state where those receipts are
generated.
The CBO staff contacts for this estimate are Deborah Reis
and Matthew Pickford. The estimate was approved by Peter H.
Fontaine, Deputy Assistant Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 128.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 128.
Executive Communications
The Committee did not request Executive agency views on S.
128. The Department of Agriculture and the Department of the
Interior provided testimony on a similar measure, S. 738, at
the Subcommittee hearing on July 21, 2004 (S. Hrg. 108-714):
Statement of Chad Calvert, Assistant Secretary for Lands and Minerals
Management, Department of the Interior
S. 738 proposes to designate as wilderness nearly 120,000
acres of BLM-managed lands in California's 1st Congressional
District. Because wilderness boundaries do not follow
Congressional District boundaries, this has resulted in a few
awkward provisions in the legislation that we will point out.
Overall, we support the designations, but recommend some
changes to the management language which we hope the committee
will consider.
The areas proposed for designation include stunning
landscapes, dramatic coastlines, and unique habitats. Taken
together, these proposed wilderness areas include pristine
Pacific Coast, steep inland canyons, rushing whitewater and
mountainous terrain. The array of wildlife is incredibly
diverse. Large mammals such as elk, sea lions, and black bear
populate these areas. Various raptors including the endangered
northern spotted owl, peregrine falcons and eagles nest here.
Additionally, the areas provide significant habitat for
steelhead, coho, and Chinook salmon, all listed endangered
species. Recreational use is varied and scattered throughout
the area including rafting, fishing, hiking, camping, and
hunting, all of which will continue after designation.
A brief description of each proposed wilderness designation
is in order:
King Range Wilderness--41,614 acres encompassing both the
Chemise Mountain WSA and the King Range WSA would be designated
wilderness. This area truly would be a crown jewel of the
wilderness system. Its 26 miles of pristine and undeveloped
coastline is the longest in the continental United States.
Referred to as California's ``Lost Coast,'' this dramatic
wilderness area is within the King Range National Conservation
Area (NCA) established by Congress in 1970.
Yuki Wilderness--51,790 acres are proposed for wilderness
designation including approximately 17,200 acres of BLM-managed
lands which include a steep, rugged river corridor. The larger
acreage, approximately 35,000 acres, is managed by the Forest
Service. We support the designation of the BLM acres (which
encompass most of the Thatcher Ridge WSA) as a portion of the
overall Yuki Wilderness.
Yolla Bolly-Middle Eel Wilderness additions--expands the
existing 153,000-acre Yolla Bolly--Middle Eel Wilderness Area
by approximately 26,760 acres (the existing area includes over
7,000 acres of BLM-managed lands). However, only 780 acres of
the wilderness addition is BLM-managed land. We support the
designation of these 780 acres as a part of the much larger
Forest Service addition.
Cache Creek Wilderness--the legislation cites 38,970 acres
of BLM-managed lands for wilderness. However, if the bill's
intention is only to designate lands within Congressional
District 1, this designation may be reduced to approximately
31,000 acres. Waters rushing through this area's steep canyons
provide popular whitewater rafting venues while the surrounding
oak woodlands are home to several herds of tule elk. We support
this designation that falls within the Congressional District.
Blue Ridge Wilderness--a small 760-acre area is proposed
for designation by the bill. While it is our understanding that
a larger 10,000-acre wilderness is envisioned in this area,
only 760 acres of it is within Congressional District 1. We
oppose designating such a small area as wilderness because it
is too small to manage properly for wilderness values unless
land in the adjacent district is included in the wilderness
designation.
Cedar Roughs Wilderness--5,880 acres of BLM WSA is
designated as wilderness. We support this designation. The BLM
has administratively designated this land as an Area of
Critical Environmental Concern (ACEC) in recognition of its
significant Sargent cypress stand and important black bear
population.
South Fork Eel Wilderness--14,000 acres to be designated
encompassing the Red Mountain WSA. The area is home to a number
of endangered species including the northern spotted owl and
several salmon species as well as some unique and rare
geological features. The designation is supported by the BLM.
Elkhorn Ridge Potential Wilderness Area--8,000 acres of
BLM-managed lands are proposed for a ``potential wilderness
area.'' Under the terms of the legislation, the area would
become wilderness within 5 years, or earlier, if determined by
the Secretary of the Interior that appropriate ecological
restoration had taken place. This area contains a portion of
the Eel River headwaters and provides significant endangered
species habitat. While such a designation is unique for the
BLM, the National Park Service has experience with such
designations and we think it is reasonable.
For those areas in the bill not identified as WSAs, and for
the areas in the bill that were determined by the BLM to be
non-suitable for wilderness, we note that Congress has plenary
authority over the disposition of public lands. Except as
otherwise specified, if Congress ultimately approves the bill,
we do not see any additional management impediments to their
inclusion.
We would like the opportunity to work with the sponsors and
the Committee to perfect boundaries in a few cases, and release
from WSA status those areas, primarily small bits and pieces of
WSAs (our current estimate is around 2,200 acres), that are not
designated wilderness by S. 738. Leaving those pieces
unaddressed creates potential management problems.
We would also like the opportunity to work with the
sponsors and the Committee on the management language in the
bill. Specifically, we recommend adding standard language on
the management of newly-acquired lands within the wilderness
area and a full withdrawal of the lands designated as
wilderness. The Department strongly recommends the legislation
be amended to clarify that the wilderness designation not
constitute or be construed to constitute either an express or
implied reservation of any water rights. Additional technical
matters on maps should also be addressed.
Thank you for the opportunity to testify on the sections of
S. 738 which apply to BLM-managed lands. The resolution of
these longstanding WSA questions is a priority for the
Department and we welcome the opportunity to move this debate
forward.
I would be happy to answer any questions.
------
Statement of Mark Rey, National Forest System, Forest Service,
Department of Agriculture
s. 738--northern california coastal wild heritage wilderness act
I will limit my remarks to the provisions of the bill
related to lands managed by the U.S. Forest Service and will
defer to the Department of the Interior on provisions relating
to the Bureau of Land Management managed lands. S. 738 would
designate certain public lands in Humboldt, Del Norte,
Mendocino, Lake, Napa, and Yolo Counties in the State of
California as wilderness and to designate certain segments of
the Black Butte River in Mendocino County, California as a wild
and scenic river. In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), this bill would
designate as wilderness, 109,670 acres in the Mendocino
National Forest and 85,040 acres in the Six Rivers National
Forest in the State of California, as components of the
National Wilderness Preservation System (NWPS) or as additions
to existing components of the NWPS. S. 738 would also designate
3 sections (21 miles) of the Black Butte River in California as
part of the Wild and Scenic River system.
The following briefly describes each of the proposed
wilderness designations:
Snow Mountain Wilderness (SNW) Area Addition (Mendocino
NF)--20,960 acres of National Forest System lands would be
designated as wilderness. As proposed, the Bear Creek and Deafy
Glade Units would make good additions to the existing SNWA
given their remoteness and opportunity for solitude. However,
as proposed, the Skelton Glade Unit has several roads running
through it which compromise wilderness attributes and hinder
manageability. In addition designation would complicate and
hinder habitat improvement for Tule Elk and hazardous fuel
management in order to protect adjacent Refuge Late
Successional Reserve. The Department is not opposed to the
designation of the Bear Creek and Deafy Glade Units as
additions to the SNW.
Sanhedrin Wilderness Area--Proposed (Mendocino NF)--10,196
acres of National Forest System lands would be designated as
wilderness. As proposed designation would complicate and hinder
habitat and risk management of the Sanhedrin Late Succesional
Reserve. The Department does not support the designation as
proposed.
Yuki Wilderness Area--Proposed (Mendocino NF)--
approximately 35,000 acres of National Forest System lands
would be designated as wilderness. The current Mendocino Forest
Plan direction assigned management area prescriptions of Back
Country and wilderness to this area. The Department is not
opposed to the designation of the Yuki Wilderness Area as
proposed.
Yolla Bolly--Middle Eel Wilderness (YBMEW) Area Additions
(Mendocino NF)--25,980 acres on National Forest System lands
would be designated as wilderness. The Smokehouse Unit portion
of the YEMEW addition contains important late successional
habitat for connectivity from the Buttermilk Late Successional
Reserve and the existing Yolla Bolly--Middle Eel Wilderness. In
addition, the Smokehouse Unit has high scenic quality. The Eel
River Unit portion of the YBMEW is proposed with extensive
``cherry steming'' of roads on the west side of the Middle Fork
Eel River which compromise wilderness attributes and
manageability in the center of the unit. The area west of road
24N21 has high scenic quality and the current Mendocino Forest
Plan direction assigned a management area prescription of Back
Country Area to a portion of the area. The Department is not
opposed to the designation if boundary adjustments to the
proposed YEMEW Area Additions could be made to avoid the road
``cherry steming'' as described above.
Mad River Buttes Wilderness Area--Proposed (Six-Rivers
NF)--5,740 acres of National Forest System lands would be
designated as wilderness. The Six Rivers Forest Plan management
area prescription for the area is Late Successional Reserve and
Adaptive Management. The area is bordered on 3 sides by private
land which hinders manageability. The opportunity for solitude
and primitive recreation is low due to the small size of the
area. Most existing trails are on ridges which have little
vegetative screening and allow view of adjacent cutover non-
federal land. The Department does not support designation as
proposed.
Siskiyou Wilderness Area Additions--Proposed (Six Rivers
NF)--42,190 acres of National Forest System lands would be
designated as wilderness. The Six Rivers Forest Plan management
area prescription for the area is Late Successional Reserve and
Matrix in the southern portion. The northern portion is within
the Smith River National Recreation Upper South Fork management
Area, where emphasis is on wild river and roadless backcountry
recreation. The terrain is very steep and rugged with numerous
important cultural sites found in the area. The naturalness of
the area has been modified very little. The Department is not
opposed to the designation if modifications of boundaries to
better follow land features could be made to enhance
manageability.
Mt. Lassic Wilderness Area--Proposed (Six Rivers NF)--7,100
acres of National Forest System lands would be designated as
wilderness. The Six Rivers Forest Plan management area
prescription for the area is Late Successional Reserve. The
Forest Fire Plan identified this as a Resource Priority Fuel
Treatment Area that showed high to very high susceptibility to
stand replacing fire. This area is bisected by three major
roads with moderate dispersed motorized recreation presently
occurring. A state wide designated California Back Country
motorized route traverses the area. The Department does not
support the designation as proposed.
Trinty Alps Wilderness Area Addition--Proposed (Six Rivers
NF)--26,510 acres of National Forest System land would be
designated as wilderness. The Six Rivers Forest Plan management
area prescription for the area is Late Successional Reserve.
The natural integrity of the Horse Linto, East Fork and Red Cap
portions have all generally been maintained and offer an
opportunity for solitude and remoteness. These areas burned
during the Megram Fire. The Orleans Mountain portion of the
area is not contiguous to the Trinity Alps Wilderness Area and
is located approximately six miles southeast from the town of
Orleans (a Community at Risk). The area has been altered by
land management practices. The Department would not support the
designation of the Orleans Mountain portion as an addition to
the Trinity Alps Wilderness. The Department is not opposed to
the Horse Linto, East Fork and Red Cap additions if boundary
adjustment would be made to facilitate the removal of hazard
trees where roads border the proposed wilderness.
Underwood Wilderness Area--Proposed (Six Rivers NF)--3,500
acres of National Forest System Lands would be designated as
wilderness. The Six Rivers Forest Plan management area
prescription for the area is Adaptive Management Area and is
located adjacent to the 1.5 mile threat zone for a Community at
Risk. Approximately one-third of the western portion of the
area is currently managed under a wild river designation
(Trinity River). The Department does not support the
designation as proposed.
The Black Butte River Wild and Scenic River Designation
(Mendocino NF)--16.0 miles of the Black Butte River and 1.5
miles of its tributary Cold Creek would be designated as a wild
river. 3.5 miles of the Black Butte River would be designated
as a scenic river. The 1995 Mendocino Forest Plan and Final
Environmental Impact Statement found the Black Butte River
eligible for designation and recommended 21.6 miles as wild and
scenic river due to its outstanding cultural and fisheries
habitat resources. The Department is not opposed to the
designation as proposed.
In addition, the Department would also like the opportunity
to work with the bill sponsors, the committee, and the
Department of the Interior on the submission of amendments
dealing with fire management activities and fire use as the
Forest Service already has developed protocols for delegating
responses during a fire emergency.
Section 102(o) and 210(d) would require the Secretary, upon
request of an Indian tribe or Indian religious community, to
temporarily close to the general public the use of portions of
areas designated by the bill to protect the privacy of
traditional cultural and religious activities in the area by
members of the Indian Tribe or Indian religious community. We
have several concerns with this provision. The provision
removes the discretion of the Secretary to determine whether
the requested closure is appropriate. The lack of discretion is
inconsistent with the approach used in existing statutory
authorizing temporary closure to certain federal lands, such as
the Jemez National Recreation Area on the Santa Fe National
Forest for exclusive use by Indian Tribes for traditional and
cultural purposes. We believe a more effective approach will be
included in forthcoming tribal authorities legislation that is
proposed in the President's FY 2005 Budget. We will be sending
this proposed legislation in the near future. In addition, we
understand the Department of Justice would like to consult with
the committee and bill sponsors regarding constitutional issues
related to sections 102(o) and 210(d). We also would like to
work with the committee, bill sponsors and the Department of
Interior on amendments that address additional concerns we have
with the above mentioned sections.
Finally, the Department would also like the opportunity to
work with the sponsors and the committee on the submission of
amendments pertaining to Titles II and III in the bill which
would require a fire management plan and report on the cultural
and historical resources within the Black Butte River segments
designated in the bill to insure these provisions are aligned
with current policies and laws and are not duplicative. S.
2334--Caribbean National Forest Act of 2004.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 128, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
Public Law 90-542, 90th Congress
AN ACT To provide for a National Wild and Scenic Rivers System, and for
other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That (a)
this Act may be cited as the ``Wild and Scenic Rivers Act''.
* * * * * * *
Sec. 3. (a) The following rivers and the land adjacent
thereto are hereby designated as components of the national
wild and scenic rivers system:
(1) Clearwater, middle fork, idaho.--The Middle Fork
from the town of Kooskia upstream to the town of
Lowell; the Lochsa River from its junction with the
Selway at Lowell forming the Middle Fork, upstream to
the Powell Ranger Station; and the Selway river from
Lowell upstream to its origin; to be administered by
the Secretary of Agriculture.
* * * * * * *
(167) Black butte river, california.--The following
segments of the Black Butte River in the State of
California, to be administered by the Secretary of
Agriculture:
(A) The 16 miles of Black Butte River, from
the Mendocino County Line to its confluence
with Jumpoff Creek, as a wild river.
(B) The 3.5 miles of Black Butte River from
its confluence with Jumpoff Creek to its
confluence with Middle Eel River, as a scenic
river.
(C) The 1.5 miles of Cold Creek from the
Mendocino County Line to its confluence with
Black Butte River, as a wild river.
------
Public Law 91-476, 91st Congress
AN ACT To provide for the establishment of the King Range National
Conservation Area in the State of California
Be it enacted by the Senate and the House of
Representatives of the United States of America in Congress
assembled, That the Secretary of the Interior (hereinafter
referred to as the ``Secretary'') is hereby authorized and
directed, after compliance with sections 3 and 4 of this Act,
to establish, within the boundaries described in section 9 of
this Act, the King Range National Conservation Area in the
State of California (hereinafter referred to as the ``Area''),
and to consolidate and manage the public lands in the Area with
the purpose of conserving and developing, for the use and
benefit of the people of the United States, the lands and other
resources therein under a program of multiple usage and of
sustained yield.
* * * * * * *
Sec. 9. (a) The survey and investigation area referred to
in the first section of this Act is described as follows:
* * * * * * *
(d) In addition to the land described in subsections (a)
and (c), the land identified as the King Range National
Conservation Area Additions on the map entitled ``King Range
Wilderness'' and dated November 12, 2004, is included in the
Area.