To designate certain public lands in Humboldt, Del Norte, Mendocino, Lake, Napa, and Yolo 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.

March 27, 2003

Mr. THOMPSON of California (for himself and Ms. SOLIS) introduced the following bill; which was referred to the Committee on Resources

To designate certain public lands in Humboldt, Del Norte, Mendocino, Lake, Napa, and Yolo 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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE- This Act may be cited as the `Northern California Coastal Wild Heritage Wilderness Act'.

(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

TITLE I--DESIGNATION OF WILDERNESS AREAS

Sec. 101. Designation of wilderness areas to be administered by Bureau of Land Management and Forest Service.

Sec. 102. Administration of wilderness areas.

Sec. 103. Designation of Elkhorn Ridge potential wilderness area.

TITLE II--WILD AND SCENIC RIVER DESIGNATIONS

Sec. 201. Designation of Black Butte River, California, as wild and scenic river.

TITLE III--AUTHORIZATION OF APPROPRIATIONS

Sec. 301. Wilderness and wild and scenic rivers tourism development.

Sec. 302. Wilderness and wild and scenic rivers recreation development.

Sec. 303. Law enforcement.

Sec. 304. Acquisition of inholdings.

Sec. 305. Firefighting.

SEC. 2. FINDINGS.

The Congress finds and declares the following:

(1) The publicly owned lands and rivers of California are a wildland resource of extraordinary value for this and future generations.

(2) Increasing pressure from California's rapidly growing population threatens to irrevocably harm these remaining wild areas and wild rivers.

(3) Statutory protection is needed for these areas to ensure that they remain a part of our natural heritage and continue to be a source of solitude and inspiration for all Americans.

(4) Continuation of military activities, including overflights, military maneuvers, testing and evaluation, and other activities without limit to frequency, is not incompatible with the protection and proper management of the wilderness and wild and scenic river resources designated by this Act.

(5) Wildfire management activities necessary to protect public health and safety and private property are fully allowable in wilderness areas designated by this Act, and the Secretary of the Interior and the Secretary of Agriculture may take any measures deemed necessary to control or prevent fires.

(6) The wilderness and wild and scenic river resources designated by this Act shall be included in the National Wilderness Preservation System and the National Wild and Scenic Rivers System, in order to--

(A) preserve the unique wild and natural features of these landscapes;

(B) protect a diverse array of ecosystems, plants, animals, geologic structures and hydrologic features that represent the natural splendor of California;

(C) protect and preserve historical and cultural archeological sites associated with ancient Indian cultures and the settlement of California;

(D) protect and preserve areas that continue to be used by Native American tribes for spiritual, cultural, or subsistence practices;

(E) protect watersheds, including those that play an essential role in providing municipal and agricultural water supplies;

(F) provide opportunities for compatible outdoor recreation, including horseback riding on saddle and pack stock, hunting and fishing, hiking and camping, whitewater rafting, trail running, and excursions led by commercial outfitters;

(G) retain and enhance opportunities for scientific research in pristine ecosystems; and

(H) promote the recovery of threatened and endangered species, including salmon and steelhead.

TITLE I--DESIGNATION OF WILDERNESS AREAS

SEC. 101. DESIGNATION OF WILDERNESS AREAS TO BE ADMINISTERED BY BUREAU OF LAND MANAGEMENT AND FOREST SERVICE.

(a) DESIGNATION- In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the following public lands in the State of California are hereby designated as wilderness, and therefore, as components of the National Wilderness Preservation System or as additions to existing components of the National Wilderness Preservation System:

(1) Certain lands in the Mendocino National Forest in Lake County, California, which comprise approximately 20,960 acres, as generally depicted on a map entitled `Snow Mountain Wilderness Area Additions-Proposed'.

(2) Certain lands in the Mendocino National Forest which comprise approximately 10,160 acres, as generally depicted on a map entitled `Sanhedrin Wilderness Area-Proposed'.

(3) Certain lands in the Mendocino National Forest and certain lands administered by the Arcata Field Office of the Bureau of Land Management which comprise approximately 51,790 acres, as generally depicted on a map entitled `Yuki Wilderness Area-Proposed'.

(4) Certain lands in the Mendocino National Forest which comprise approximately 26,760 acres in Mendocino County, California, as generally depicted on a map entitled `Yolla Bolly-Middle Eel Wilderness Area Additions-Proposed'.

(5) Certain lands in the Six Rivers National Forest which comprise approximately 5,740 acres, as generally depicted on a map entitled `Mad River Buttes Wilderness Area-Proposed'.

(6) Certain lands in the Six Rivers National Forest which comprise approximately 33,750 acres in Del Norte County and 8,440 acres in Humboldt County, California, as generally depicted on a map entitled `Siskiyou Wilderness Area Additions-Proposed'.

(7) Certain lands in the Six Rivers National Forest which comprise approximately 7,100 acres in Humboldt County, California, as generally depicted on a map entitled `Mt. Lassic Wilderness Area-Proposed'.

(8) Certain lands in the Six Rivers National Forest which comprise approximately 26,510 acres in Humboldt County, California, as generally depicted on a map entitled `Trinity Alps Wilderness Area Additions-Proposed'.

(9) Certain lands in the Six Rivers National Forest which comprise approximately 3,500 acres as generally depicted on a map entitled `Underwood Wilderness Area-Proposed'.

(10) Certain lands administered by the Ukiah Field Office of the Bureau of Land Management which comprise approximately 38,960 acres in Lake and Napa Counties, California, as generally depicted on a map entitled `Cache Creek Wilderness Area-Proposed'.

(11) Certain lands administered by the Ukiah Field Office of the Bureau of Land Management which comprise approximately 760 acres in Napa County, California, as generally depicted on a map entitled `Blue Ridge Wilderness Area-Proposed'.

(12) Certain lands administered by the Ukiah Field Office of the Bureau of Land Management which comprise approximately 5,880 acres, as generally depicted on a map entitled `Cedar Roughs Wilderness Area-Proposed'.

(13) Certain lands administered by the Arcata Field Office of the Bureau of Land Management which comprise approximately 41,614 acres, as generally depicted on a map entitled `King Range Wilderness Area-Proposed'.

(14) Certain lands administered by the Arcata Field Office of the Bureau of Land Management which comprise approximately 14,000 acres, as generally depicted on a map entitled `South Fork Eel Wilderness Area-Proposed'.

(b) SPECIAL RULE, KING RANGE WILDERNESS AREA- With respect to the King Range Wilderness Area designated by subsection (a)(13), in case of conflict between this title and Public Law 91-476 (16 U.S.C. 460y et seq.), which established the King Range National Conservation Area, the more restrictive provisions shall control.

SEC. 102. ADMINISTRATION OF WILDERNESS AREAS.

(a) MANAGEMENT- Subject to valid existing rights, the wilderness areas designated by this title shall be administered by the Secretary of the Interior or the Secretary of Agriculture (in this section referred to as the `Secretary'), whoever has administrative jurisdiction over the area, in accordance with the provisions of the Wilderness Act (16 U.S.C. 1131 et seq.) governing areas designated by that Act as wilderness, except that any reference in such provisions to the effective date of the Wilderness Act (or any similar reference) shall be deemed to be a reference to the date of the enactment of this Act.

(b) MAP AND LEGAL DESCRIPTION- As soon as practicable, but no later than three years after the date of the enactment of this Act, the Secretary shall file a map and a legal description of each wilderness area designated in this title with the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. Such map and description shall have the same force and effect as if included in this title, except that the correction of clerical and typographical errors in such legal description may be made. Copies of such map and legal description shall be on file and available for public inspection in the office of the Secretary.

(c) WILDERNESS CHARACTER- As provided in section 4(b) of the Wilderness Act (16 U.S.C. 1133(b)), the Secretary concerned shall administer the areas designated as wilderness in this title so as to preserve their wilderness character and to devote them to the public purposes of recreational, scenic, scientific, educational, conservation, and historical use. All activities in the areas shall be subject to regulations the Secretary considers necessary to fulfill the purposes of the Wilderness Act.

(d) FIRE MANAGEMENT ACTIVITIES-

(1) PURPOSE- The Secretary may take such measures in the wilderness areas designated by this title as necessary in the control and prevention of fire, insects, and diseases, as provided in section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and the report of the Committee on Interior and Insular Affairs of the House of Representatives to accompany H.R. 1437 of the 98th Congress (H. Rept. 98-40).

(2) AUTHORIZED ACTIVITIES- The measures authorized by paragraph (1) may include the use of mechanized and motorized equipment for fire suppression where necessary to protect public health and safety and private property.

(3) RESPONSE- Not later than one year after the date of the enactment of this Act, the Secretary shall review existing policy to ensure that authorized approval procedures for any such measures permit a timely and efficient response in case of fire emergencies in the wilderness areas. In areas of extreme fire hazard, the Secretary shall consider whether the authority to take whatever appropriate actions are necessary for fire management shall be delegated to the Forest Supervisor or the Bureau of Land Management District Manager or a field manager.

(4) SPECIAL RULES FOR CERTAIN DESIGNATED WILDERNESS AREAS- The boundaries of the Snow Mountain Wilderness Area, Yolla Bolly-Middle Eel Wilderness Area, and the Cache Creek Wilderness Area shall be adjusted to allow and encourage mechanical fire pre-suppression activities within 600 feet of specific parcels of private land adjacent to Class III Wildfire risk areas, as depicted on the maps for these areas referenced in paragraphs (1), (4), and (10) of section 101(a).

(e) ACCESS TO PRIVATE PROPERTY- The Secretary shall provide private property owners with adequate access to their nonfederally owned land or interests in land within the boundaries of the wilderness designated by this title to ensure the owner of such land or interest the reasonable use and enjoyment thereof.

(f) MANAGEMENT OF PRIVATE PROPERTY- Nothing in this title shall enlarge or diminish the private property rights of non-Federal landowners with property within the boundaries of the wilderness areas designated by this title.

(g) HUNTING AND FISHING- Nothing in this Act shall affect existing hunting and fishing, under applicable State and Federal laws and regulations, within the boundaries of the wilderness areas designated by this title.

(h) SNOW SENSORS AND STREAM GAUGES- Nothing in this title shall be construed to prevent the installation and maintenance of hydrologic, meteorologic, or climatological facilities or any combination of the foregoing, or limited motorized access to such facilities when nonmotorized access means are not reasonably available or when time is of the essence, if the Secretary determines that such facilities or access are essential to flood warning, flood control, water supply forecasting, or reservoir operation purposes.

(i) MILITARY ACTIVITIES- Nothing in this title shall preclude low-level overflights of military aircraft, testing and evaluation, the designation of new units of special use airspace, or the use or establishment of military flight training routes over wilderness areas designated by this title.

(j) HORSES- Nothing in this title shall preclude horseback riding or the entry of recreational saddle or pack stock into wilderness areas designated by this title.

(k) LIVESTOCK GRAZING- Grazing of livestock and maintenance of existing facilities related to grazing in wilderness areas designated by this title, if established before the date of the enactment of this Act, shall be permitted to continue as provided in section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and section 108 of Public Law 96-560 (16 U.S.C. 1133 note).

(l) FISH AND WILDLIFE- Nothing in this title shall be construed as affecting the jurisdiction or responsibilities of the State of California with respect to wildlife and fish on the public lands in that State as provided in section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)).

(m) WILDLIFE MANAGEMENT- In furtherance of the purposes and principles of the Wilderness Act, management activities to maintain or restore fish and wildlife populations and the habitats to support such populations may be carried out within wilderness areas designated by this title, if consistent with relevant wilderness management plans, in accordance with appropriate policies and guidelines.

(n) LAW ENFORCEMENT ACTIVITIES- Nothing in this title shall be construed as precluding or otherwise affecting border operations by the Immigration and Naturalization Service, the Drug Enforcement Administration, the United States Customs Service, or State and local law enforcement agencies within wilderness areas designated by this title.

(o) NATIVE AMERICAN USES AND INTERESTS- In recognition of the past use of wilderness areas designated by this title by members of Indian tribes for traditional

cultural and religious purposes, the Secretary shall ensure access to such wilderness areas by Indian tribes for such traditional cultural and religious purposes. In implementing this section, the Secretary, upon the request of an Indian tribe or Indian religious community, shall temporarily close to the general public use of one or more specific portions of the wilderness area in order to protect the privacy of traditional cultural and religious activities in the area by members of the Indian tribe or Indian religious community. Any such closure shall be made to affect the smallest practicable area for the minimum period necessary for such purposes. Such access shall be consistent with the purpose and intent of Public Law 95-341 (42 U.S.C. 1996; commonly known as the American Indian Religious Freedom Act) and the Wilderness Act.

(p) COMMERCIAL OUTFITTERS- Nothing in this title shall preclude the use by commercial outfitters of the wilderness areas designated by this title.

(q) AREAS ADJACENT TO WILDERNESS AREAS- Nothing in this title shall be construed to create protective perimeters or buffer zones around wilderness areas designated by this title. Activities or uses of nonwilderness areas that can be seen or heard within wilderness areas designated by this title shall not be precluded as a result of this title.

(r) WATER RESOURCES PROJECTS- Nothing in this title shall preclude relicensing of, assistance to, or operation and maintenance of, developments below or above a wilderness area designated by this title or on any stream tributary thereto which will not invade the area or unreasonably diminish the wilderness, scenic, recreational, and fish and wildlife values present in the area as of the date of the enactment of this Act.

SEC. 103. DESIGNATION OF ELKHORN RIDGE POTENTIAL WILDERNESS AREA.

(a) DESIGNATION- In furtherance of the provisions of the Wilderness Act (16 U.S.C. 1131 et seq.), certain public lands in the State of California administered by the Arcata Field Office of the Bureau of Land Management, which comprise approximately 8,000 acres, as generally depicted on a map entitled `Elkhorn Ridge Potential Wilderness Area-Proposed' are designated as a potential wilderness area.

(b) MANAGEMENT- Subject to valid existing rights, the Secretary of the Interior shall manage the potential wilderness area designated by this section as wilderness (except as provided in subsection (c)) until such time as the lands are designated as wilderness under subsection (d).

(c) ECOLOGICAL RESTORATION- For purposes of ecological restoration, including the elimination of non-native species, removal of illegal, unused or decommissioned roads, repair of skid tracks, and other actions necessary to restore the natural ecosystems in the potential wilderness area designated by this section, the Secretary of the Interior may use motorized equipment and mechanized transport until such time as the potential wilderness area is designated as wilderness. To the maximum extent practicable, the Secretary shall seek to use the minimum tool or administrative practice necessary to accomplish necessary ecological restoration with the least amount of adverse impact on wilderness character and resources.

(d) WILDERNESS DESIGNATION- Upon removal of conditions incompatible with the Wilderness Act and publication by the Secretary of the Interior in the Federal Register of notice of such removal or 5 years after the date of the enactment of this Act, whichever comes first, the potential wilderness area designated by this section shall be designated as wilderness, and therefore, as a component of the National Wilderness Preservation System.

(e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Secretary of the Interior for each of the fiscal years 2004 through 2007 $1,250,000 to carry out ecological restoration activities under subsection (c).

TITLE II--WILD AND SCENIC RIVER DESIGNATIONS

SEC. 201. DESIGNATION OF BLACK BUTTE RIVER, CALIFORNIA, AS WILD AND SCENIC RIVER.

(a) DESIGNATION- In order to preserve and protect for present and future generations the outstanding scenic, natural, wildlife, fishery, recreational, scientific, historic, and ecological values of the following rivers in the State of California, section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following new paragraph:

`( ) BLACK BUTTE RIVER, CALIFORNIA- The 16 miles of Black Butte River from the Mendocino County line to its confluence with Jumpoff Creek, to be administered by the Secretary of Agriculture as a wild river. The 3.5 miles of Black Butte River from its confluence with Jumpoff Creek to its confluence with Middle Eel River, to be administered by the Secretary of Agriculture as a scenic river. The 1.5 miles of Cold Creek from the Mendocino County line to its confluence with Black Butte River, to be administered by the Secretary of Agriculture as a wild river.'.

(b) PLAN AND REPORTING REQUIREMENTS- Within 18 months after the date of the enactment of this Act, the Secretary of Agriculture shall submit to Congress a fire management plan and report on the cultural and historic resources within the Black Butte River segments designated by the amendment made by subsection (a). The Secretary shall provide a copy of the plan and report to the board of supervisors of Mendocino County, California.

(c) WATER RESOURCES PROJECTS- Nothing in this title shall preclude relicensing of, assistance to, or operation and maintenance of, developments below or above a wild, scenic, or recreational river area or on any stream tributary thereto which will not invade the area or unreasonably diminish the scenic, recreational, and fish and wildlife values present in the area as of the date of the enactment of this Act.

(d) NATIVE AMERICAN USES AND INTERESTS- In recognition of the past use of the areas designated by this title as wild, scenic, and recreational rivers by members of Indian tribes for traditional cultural and religious purposes, the Secretary of Agriculture shall ensure access to such wild, scenic, and recreational rivers by Indian tribes for such traditional cultural and religious purposes. In implementing this section, the Secretary, upon the request of an Indian tribe or Indian religious community, shall temporarily close to the general public use of one or more specific portions of the wild, scenic, or recreational river to protect the privacy of traditional cultural and religious activities in those portions by members of the Indian tribe or Indian religious community. Any such closure shall be made to affect the smallest practicable area for the minimum period necessary for such purposes. Such access shall be consistent with the purpose and intent of Public Law 95-341 (42 U.S.C. 1996; commonly known as the American Indian Religious Freedom Act) and the Wilderness Act.

TITLE III--AUTHORIZATION OF APPROPRIATIONS

SEC. 301. WILDERNESS AND WILD AND SCENIC RIVERS TOURISM DEVELOPMENT.

There is authorized to be appropriated for each fiscal year $2,500,000 to the Secretary of Agriculture and $2,500,000 to the Secretary of the Interior to establish a program to provide grants to communities surrounded by, or adjacent to, wilderness areas or wild, scenic, or recreational rivers designated by this Act, to be used for the purpose of creating and promoting wilderness- and recreation-related jobs, developing visitors centers, informational brochures, and kiosks regarding the wilderness areas or wild, scenic, or recreational rivers, or other developing other methods to promote wilderness and wild and scenic river tourism.

SEC. 302. WILDERNESS AND WILD AND SCENIC RIVERS RECREATION DEVELOPMENT.

There is authorized to be appropriated for each fiscal year $1,750,000 to the Secretary of Agriculture and $1,750,000 to the Secretary of the Interior to be used in wilderness areas and wild, scenic, or recreational rivers designated by this Act to develop trails and other facilities that will promote and enhance wilderness or wild, scenic, or recreational river recreation experiences.

SEC. 303. LAW ENFORCEMENT.

There is authorized to be appropriated for each fiscal year $1,000,000 to the Secretary of Agriculture and $1,000,000 to the Secretary of the Interior to be used in wilderness areas and wild, scenic, or recreational rivers designated by this Act to support law enforcement activities necessary to protect visitors and the natural resources of these wild areas.

SEC. 304. ACQUISITION OF INHOLDINGS.

There is authorized to be appropriated for each fiscal year $2,500,000 to the Secretary of Agriculture and $2,500,000 to the Secretary of the Interior to be used for the purpose of acquiring inholdings in the wilderness areas and wild, scenic, or recreational rivers designated by this Act.

SEC. 305. FIREFIGHTING.

There is authorized to be appropriated for each fiscal year $5,000,000 to the Secretary of Agriculture and $5,000,000 to the Secretary of the Interior to be used in wilderness areas and wild, scenic, or recreational rivers designated by this Act to support firefighting activities.

END