109th CONGRESS
2d Session
H. R. 6237
To amend the Forest and Rangeland Renewable Resources Planning
Act of 1974 and related laws to strengthen the protection of native biodiversity
and ban clearcutting on Federal land, and to designate certain Federal land
as Ancient forests, roadless areas, watershed protection areas, and special
areas where logging and other intrusive activities are prohibited.
IN THE HOUSE OF REPRESENTATIVES
September 28, 2006
Ms. ESHOO (for herself, Mrs. MALONEY, Mr. ACKERMAN, Mr. ANDREWS, Ms. BALDWIN,
Ms. BERKLEY, Mr. BISHOP of New York, Ms. CORRINE BROWN of Florida, Mr. BROWN
of Ohio, Mrs. CAPPS, Mr. CAPUANO, Ms. CARSON, Mrs. CHRISTENSEN, Mr. CLAY,
Mr. CLYBURN, Mr. CONYERS, Mr. CROWLEY, Mr. CUMMINGS, Mr. DAVIS of Illinois,
Mrs. DAVIS of California, Ms. DELAURO, Mr. EMANUEL, Mr. ENGEL, Mr. EVANS,
Mr. FARR, Mr. FILNER, Mr. FRANK of Massachusetts, Mr. GRIJALVA, Mr. GUTIERREZ,
Mr. HASTINGS of Florida, Mr. HINCHEY, Mr. HOLT, Mr. HONDA, Mr. ISRAEL, Ms.
JACKSON-LEE of Texas, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. KENNEDY of
Rhode Island, Mr. KUCINICH, Mr. LANGEVIN, Mr. LANTOS, Mr. LARSON of Connecticut,
Ms. LEE, Mr. LEWIS of Georgia, Mr. LIPINSKI, Ms. ZOE LOFGREN of California,
Mr. LYNCH, Mrs. MCCARTHY, Ms. MCCOLLUM of Minnesota, Mr. MCDERMOTT, Mr.
MCGOVERN, Mr. MCNULTY, Mr. MEEHAN, Mr. MEEKS of New York, Mr. MILLER of
North Carolina, Mr. GEORGE MILLER of California, Mr. MOORE of Kansas, Mr.
MORAN of Virginia, Mr. NADLER, Mrs. NAPOLITANO, Ms. NORTON, Mr. OLVER, Mr.
OWENS, Mr. PALLONE, Mr. PAYNE, Mr. RANGEL, Mr. ROTHMAN, Mr. RUSH, Mr. SCHIFF,
Ms. SCHWARTZ of Pennsylvania, Mr. SERRANO, Mr. SHAYS, Ms. SLAUGHTER, Ms.
SOLIS, Mr. STARK, Mrs. TAUSCHER, Mr. TIERNEY, Mr. TOWNS, Mr. VAN HOLLEN,
Mr. WAXMAN, Mr. WEXLER, Ms. WOOLSEY, Mr. WYNN, and Mr. WEINER) introduced
the following bill; which was referred to the Committee on Resources, and
in addition to the Committee on Agriculture, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To amend the Forest and Rangeland Renewable Resources Planning
Act of 1974 and related laws to strengthen the protection of native biodiversity
and ban clearcutting on Federal land, and to designate certain Federal land
as Ancient forests, roadless areas, watershed protection areas, and special
areas where logging and other intrusive activities are prohibited.
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 `Act to Save America's Forests'.
(b) Table of Contents- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents
Sec. 2. Findings and purposes
TITLE I--LAND MANAGEMENT
Sec. 101. Committee of scientists
Sec. 102. Continuous forest inventory
Sec. 103. Administration and management
Sec. 104. Conforming amendments
TITLE II--PROTECTION FOR ANCIENT FORESTS, ROADLESS AREAS, WATERSHED PROTECTION
AREAS, AND SPECIAL AREAS
Sec. 203. Designation of special areas
Sec. 204. Restrictions on management activities in Ancient forests, roadless
areas, watershed protection areas, and special areas
TITLE III--EFFECTIVE DATE
Sec. 302. Effect on existing contracts
Sec. 303. Wilderness Act exclusion
TITLE IV--GIANT SEQUOIA NATIONAL MONUMENT
Sec. 403. Additions to Giant Sequoia National Monument
Sec. 404. Transfer of administrative jurisdiction over the Giant Sequoia
National Monument
Sec. 405. Additions to the Sierra National Forest and Inyo National Forest
Sec. 406. Authorization of appropriations
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings- Congress finds that--
(1) Federal agencies that permit clearcutting and other forms of even-age
logging operations include the Forest Service, the United States Fish
and Wildlife Service, and the Bureau of Land Management;
(2) clearcutting and other forms of even-age logging operations cause
substantial alterations in native biodiversity by--
(A) emphasizing the production of a limited number of commercial species,
and often only a single species, of trees on each site;
(B) manipulating the vegetation toward greater relative density of the
commercial species;
(C) suppressing competing species; and
(D) requiring the planting, on numerous sites, of a commercial strain
of the species that reduces the relative diversity of other genetic
strains of the species that were traditionally located on the same sites;
(3) clearcutting and other forms of even-age logging operations--
(A) frequently lead to the death of immobile species and the very young
of mobile species of wildlife; and
(B) deplete the habitat of deep-forest species of animals, including
endangered species and threatened species;
(4)(A) clearcutting and other forms of even-age logging operations--
(i) expose the soil to direct sunlight and the impact of precipitation;
(ii) disrupt the soil surface;
(iii) compact organic layers; and
(iv) disrupt the run-off restraining capabilities of roots and low-lying
vegetation, resulting in soil erosion, the leaching of nutrients, a
reduction in the biological content of soil, and the impoverishment
of soil; and
(B) all of the consequences described in subparagraph (A) have a long-range
deleterious effect on all land resources, including timber production;
(5) clearcutting and other forms of even-age logging operations aggravate
global climate change by--
(A) decreasing the capability of the soil to retain carbon; and
(B) during the critical periods of felling and site preparation, reducing
the capacity of the biomass to process and to store carbon, with a resultant
loss of stored carbon to the atmosphere;
(6) clearcutting and other forms of even-age logging operations render
soil increasingly sensitive to acid deposits by causing a decline of soil
wood and coarse woody debris;
(7) a decline of solid wood and coarse woody debris reduces the capacity
of soil to retain water and nutrients, which in turn increases soil heat
and impairs soil's ability to maintain protective carbon compounds on
the soil surface;
(8) clearcutting and other forms of even-age logging operations result
in--
(A) increased stream sedimentation and the silting of stream bottoms;
(B) a decline in water quality;
(C) the impairment of life cycles and spawning processes of aquatic
life from benthic organisms to large fish; and
(D) as a result of the effects described in subparagraphs (A) through
(C), a depletion of the sport and commercial fisheries of the United
States;
(9) clearcutting and other forms of even-age management of Federal forests
disrupt natural disturbance regimes that are critical to ecosystem function;
(10) clearcutting and other forms of even-age logging operations increase
harmful edge effects, including--
(B) invasions by weed species; and
(C) heavier losses to predators and competitors;
(11) by reducing the number of deep, canopied, variegated, permanent forests,
clearcutting and other forms of even-age logging operations--
(A) limit areas where the public can satisfy an expanding need for recreation;
and
(B) decrease the recreational value of land;
(12) clearcutting and other forms of even-age logging operations replace
forests described in paragraph (11) with a surplus of clearings that grow
into relatively impenetrable thickets of saplings, and then into monoculture
tree plantations;
(13) because of the harmful and, in many cases, irreversible, damage to
forest species and forest ecosystems caused by logging of Ancient and
roadless forests, clearcutting, and other forms of even-age management,
it is important that these practices be halted based on the precautionary
principle;
(14) human beings depend on native biological resources, including plants,
animals, and micro-organisms--
(A) for food, medicine, shelter, and other important products; and
(B) as a source of intellectual and scientific knowledge, recreation,
and aesthetic pleasure;
(15) alteration of native biodiversity has serious consequences for human
welfare, as the United States irretrievably loses resources for research
and agricultural, medicinal, and industrial development;
(16) alteration of biodiversity in Federal forests adversely affects the
functions of ecosystems and critical ecosystem processes that--
(B) govern nutrient cycles and soil conservation and production;
(C) control pests and diseases; and
(D) degrade wastes and pollutants;
(17)(A) clearcutting and other forms of even-age management operations
have significant deleterious effects on native biodiversity, by reducing
habitat and food for cavity-nesting birds and insectivores such as the
3-toed woodpecker and hairy woodpecker and for neotropical migratory bird
species; and
(B) the reduction in habitat and food supply could disrupt the lines of
dependency among species and their food resources and thereby jeopardize
critical ecosystem function, including limiting outbreaks of destructive
insect populations; for example--
(i) the 3-toed woodpecker requires clumped snags in spruce-fir forests,
and 99 percent of its winter diet is composed of insects, primarily
spruce beetles; and
(ii) a 3-toed woodpecker can consume as much as 26 percent of the brood
of an endemic population of spruce bark beetle and reduce brood survival
of the population by 70 to 79 percent;
(18) the harm of clearcutting and other forms of even-age logging operations
on the natural resources of the United States and the quality of life
of the people of the United States is substantial, severe, and avoidable;
(19) by substituting selection management, as required by this Act, for
clearcutting and other forms of even-age logging operations, the Federal
agencies involved with those logging operations would substantially reduce
devastation to the environment and improve the quality of life of the
people of the United States;
(20) selection management--
(A) retains natural forest structure and function;
(B) focuses on long-term rather than short-term management;
(C) works with, rather than against, the checks and balances inherent
in natural processes; and
(D) permits the normal, natural processes in a forest to allow the forest
to go through the natural stages of succession to develop a forest with
old growth ecological functions;
(21) by protecting native biodiversity, as required by this Act, Federal
agencies would maintain vital native ecosystems and improve the quality
of life of the people of the United States;
(A) is more job intensive, and therefore provides more employment than
clearcutting and other forms of even-age logging operations to manage
the same quantity of timber production; and
(B) produces higher quality sawlogs than clearcutting and other forms
of even-age logging operations; and
(23) the judicial remedies available to enforce Federal forest laws are
inadequate, and should be strengthened by providing for injunctions, declaratory
judgments, statutory damages, and reasonable costs of suit.
(b) Purpose- The purpose of this Act is to conserve native biodiversity
and protect all native ecosystems on all Federal land against losses that
result from--
(1) clearcutting and other forms of even-age logging operations; and
(2) logging in Ancient forests, roadless areas, watershed protection areas,
and special areas.
TITLE I--LAND MANAGEMENT
SEC. 101. COMMITTEE OF SCIENTISTS.
Section 6 of the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1604) is amended by striking subsection (h) and inserting
the following:
`(h) Committee of Scientists-
`(1) IN GENERAL- To carry out subsection (g), the Secretary shall appoint
a committee composed of scientists--
`(A) who are not officers or employees of the Forest Service, of any
other public entity, or of any entity engaged in whole or in part in
the production of wood or wood products;
`(B) not more than one-third of whom have contracted with or represented
any entity described in subparagraph (A) during the 5-year period ending
on the date of the proposed appointment to the committee; and
`(C) not more than one-third of whom are foresters.
`(2) QUALIFICATIONS OF FORESTERS- A forester appointed to the committee
shall be an individual with--
`(A) extensive training in conservation biology; and
`(B) field experience in selection management.
`(3) DUTIES- The committee shall provide scientific and technical advice
and counsel on proposed guidelines and procedures and all other issues
involving forestry and native biodiversity to promote an effective interdisciplinary
approach to forestry and native biodiversity.
`(4) TERMINATION- The committee shall terminate on the date that is 10
years after the date of enactment of the Act to Save America's Forests.'.
SEC. 102. CONTINUOUS FOREST INVENTORY.
(a) In General- Not later than 2 years after the date of enactment of this
Act, each of the Chief of the Forest Service, the Director of the United
States Fish and Wildlife Service, and the Director of the Bureau of Land
Management (referred to individually as an `agency head') shall prepare
a continuous inventory of forest land administered by those agency heads,
respectively.
(b) Requirements- A continuous forest inventory shall constitute a long-term
monitoring and inventory system that--
(1) is contiguous throughout affected Federal forest land; and
(2) is based on a set of permanent plots that are inventoried every 10
years to--
(A) assess the impacts that human activities are having on management
of the ecosystem;
(i) floristic and faunistic diversity, abundance, and dominance; and
(ii) economic and social value; and
(C) monitor changes in the age, structure, and diversity of species
of trees and other vegetation.
(c) Decennial Inventories- Each decennial inventory under subsection (b)(2)
shall be completed not more than 60 days after the date on which the inventory
is begun.
(d) National Academy of Sciences- In preparing a continuous forest inventory,
an agency head may use the services of the National Academy of Sciences
to--
(1) develop a system for the continuous forest inventory by which certain
guilds or indicator species are measured; and
(2) identify any changes to the continuous forest inventory that are necessary
to ensure that the continuous forest inventory is consistent with the
most accurate scientific methods.
(e) Whole-System Measures- At the end of each forest planning period, an
agency head shall document whole-system measures that will be taken as a
result of a decennial inventory.
(f) Public Availability- Results of a continuous forest inventory shall
be made available to the public without charge.
SEC. 103. ADMINISTRATION AND MANAGEMENT.
The Forest and Rangeland Renewable Resources Planning Act of 1974 is amended
by adding after section 6 (16 U.S.C. 1604) the following:
`SEC. 6A. CONSERVATION OF NATIVE BIODIVERSITY; SELECTION LOGGING; PROHIBITION
OF CLEARCUTTING.
`(a) Applicability- This section applies to the administration and management
of--
`(1) National Forest System land, under this Act;
`(2) Federal land, under the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.); and
`(3) National Wildlife Refuge System land, under the National Wildlife
Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.).
`(b) Native Biodiversity in Forested Areas- The Secretary shall provide
for the conservation or restoration of native biodiversity in each stand
and each watershed throughout each forested area, except during the extraction
stage of authorized mineral development or during authorized construction
projects, in which cases the Secretary shall conserve native biodiversity
to the maximum extent practicable.
`(c) Restriction on Use of Certain Logging Practices-
`(1) DEFINITIONS- In this subsection:
`(A) AGE DIVERSITY- The term `age diversity' means the naturally occurring
range and distribution of age classes within a given species.
`(B) BASAL AREA- The term `basal area' means the area of the cross section
of a tree stem, including the bark, at 4.5 feet above the ground.
`(C) CLEARCUTTING- The term `clearcutting' means an even-age logging
operation that removes all of the trees over a considerable portion
of a stand at 1 time.
`(D) CONSERVATION- The term `conservation' means protective measures
for maintaining native biodiversity and active and passive measures
for restoring diversity through management efforts, in order to protect,
restore, and enhance as much of the variety of species and communities
as practicable in abundances and distributions that provide for their
continued existence and normal functioning, including the viability
of populations throughout their natural geographic distributions.
`(E) EVEN-AGE LOGGING OPERATION-
`(i) IN GENERAL- The term `even-age logging operation' means a logging
activity that--
`(I) creates a clearing or opening that exceeds 1/5 acre;
`(II) creates a stand in which the majority of trees are within
10 years of the same age; or
`(III) within a period of 30 years, cuts or removes more than the
lesser of--
`(aa) the growth of the basal area of all tree species (not including
a tree of a non-native invasive tree species or an invasive plantation species)
in a stand; or
`(bb) 20 percent of the basal area of a stand.
`(ii) INCLUSION- The term `even-age logging operation' includes the
application of clearcutting, high grading, seed-tree cutting, shelterwood
cutting, or any other logging method in a manner inconsistent with
selection management.
`(iii) EXCLUSION- The term `even-age logging operation' does not include
the cutting or removal of--
`(I) a tree of a non-native invasive tree species; or
`(II) an invasive plantation species, if native longleaf pine are
planted in place of the removed invasive plantation species.
`(F) GENETIC DIVERSITY- The term `genetic diversity' means the differences
in genetic composition within and among populations of a species.
`(G) HIGH GRADING- The term `high grading' means the removal of only
the larger or more commercially valuable trees in a stand, resulting
in an alteration in the natural range of age diversity or species diversity
in the stand.
`(H) INVASIVE PLANTATION SPECIES- The term `invasive plantation species'
means a loblolly pine or slash pine that was planted or managed by the
Forest Service or any other Federal agency as part of an even-aged monoculture
tree plantation.
`(I) NATIVE BIODIVERSITY-
`(i) IN GENERAL- The term `native biodiversity' means--
`(I) the full range of variety and variability within and among
living organisms; and
`(II) the ecological complexes in which the living organisms would
have occurred (including naturally occurring disturbance regimes)
in the absence of significant human impact.
`(ii) INCLUSIONS- The term `native biodiversity' includes diversity--
`(I) within a species (including genetic diversity, species diversity,
and age diversity);
`(II) within a community of species;
`(III) between communities of species;
`(IV) within a discrete area, such as a watershed;
`(V) along a vertical plane from ground to sky, including application
of the plane to all the other types of diversity; and
`(VI) along the horizontal plane of the land surface, including
application of the plane to all the other types of diversity.
`(J) NON-NATIVE INVASIVE TREE SPECIES-
`(i) IN GENERAL- The term `non-native invasive tree species' means
a species of tree not native to North America.
`(ii) INCLUSIONS- The term `non-native invasive tree species' includes--
`(I) Australian pine (Casaurina equisetifolia);
`(II) Brazilian pepper (Schinus terebinthifolius);
`(III) Common buckthorn (Rhamnus cathartica);
`(IV) Eucalyptus (Eucalyptus globulus);
`(V) Glossy buckthorn (Rhamnus frangula);
`(VI) Melaleuca (Melaleuca quinquenervia);
`(VII) Norway maple (Acer platanoides);
`(VIII) Princess tree (Paulownia tomentosa);
`(IX) Salt cedar (Tamarix species);
`(X) Silk tree (Albizia julibrissin);
`(XI) Strawberry guava (Psidium cattleianum);
`(XII) Tree-of-heaven (Ailanthus altissima);
`(XIII) Velvet tree (Miconia calvescens); and
`(XIV) White poplar (Populus alba).
`(K) SEED-TREE CUT- The term `seed-tree cut' means an even-age logging
operation that leaves a small minority of seed trees in a stand for
any period of time.
`(L) SELECTION MANAGEMENT-
`(i) IN GENERAL- The term `selection management' means a method of
logging that emphasizes the periodic, individual selection and removal
of varying size and age classes of the weaker, nondominant cull trees
in a stand and leaves uncut the stronger dominant trees to survive
and reproduce, in a manner that works with natural forest processes
and--
`(I) ensures the maintenance of continuous high forest cover where
high forest cover naturally occurs;
`(II) ensures the maintenance or natural regeneration of all native
species in a stand;
`(III) ensures the growth and development of trees through a range
of diameter or age classes to provide a sustained yield of forest
products including clean water, rich soil, and native plants and
wildlife; and
`(IV) ensures that some dead trees, standing and downed, shall be
left in each stand where selection logging occurs, to fulfill their
necessary ecological functions in the forest ecosystem, including
providing elemental and organic nutrients to the soil, water retention,
and habitat for endemic insect species that provide the primary
food source for predators (including various species of amphibians
and birds, such as cavity nesting woodpeckers).
`(I) IN GENERAL- Subject to subclause (II), the term `selection
management' does not include an even-age logging operation.
`(II) FELLING AGE; NATIVE BIODIVERSITY- Subclause (I) does not--
`(aa) establish a 150-year projected felling age as the standard
at which individual trees in a stand are to be cut; or
`(bb) limit native biodiversity to that which occurs within the
context of a 150-year projected felling age.
`(M) SHELTERWOOD CUT- The term `shelterwood cut' means an even-age logging
operation that leaves--
`(i) a minority of the stand (larger than a seed-tree cut) as a seed
source; or
`(ii) a protection cover remaining standing for any period of time.
`(N) SPECIES DIVERSITY- The term `species diversity' means the richness
and variety of native species in a particular location.
`(O) STAND- The term `stand' means a biological community of trees on
land described in subsection (a), comprised of not more than 100 contiguous
acres with sufficient identity of 1 or more characteristics (including
location, topography, and dominant species) to be managed as a unit.
`(i) IN GENERAL- The term `timber purpose' means the use, sale, lease,
or distribution of trees, including the felling of trees or portions
of trees.
`(ii) EXCEPTION- The term `timber purpose' does not include the felling
of trees or portions of trees to create land space for a Federal administrative
structure.
`(Q) WITHIN-COMMUNITY DIVERSITY- The term `within-community diversity'
means the distinctive assemblages of species and ecological processes
that occur in various physical settings of the biosphere and distinct
locations.
`(2) PROHIBITION OF CLEARCUTTING AND OTHER FORMS OF EVEN-AGE LOGGING OPERATIONS-
No clearcutting or other form of even-age logging operation shall be permitted
in any stand or watershed.
`(3) MANAGEMENT OF NATIVE BIODIVERSITY- On each stand on which an even-age
logging operation has been conducted on or before the date of enactment
of this section, and on each deforested area managed for timber purposes
on or before the date of enactment of this section, excluding areas occupied
by existing buildings, the Secretary shall--
`(A) prescribe a shift to selection management; or
`(B) cease managing the stand for timber purposes, in which case the
Secretary shall--
`(i) undertake an active restoration of the native biodiversity of
the stand; or
`(ii) permit the stand to regain native biodiversity.
`(A) FINDING- Congress finds that all people of the United States are
injured by actions on land to which subsection (g)(3)(B) and this subsection
applies.
`(B) PURPOSE- The purpose of this paragraph is to foster the widest
and most effective possible enforcement of subsection (g)(3)(B) and
this subsection.
`(C) FEDERAL ENFORCEMENT- The Secretary of Agriculture, the Secretary
of the Interior, and the Attorney General shall enforce subsection (g)(3)(B)
and this subsection against any person that violates 1 or more of those
provisions.
`(i) IN GENERAL- A citizen harmed by a violation of subsection (g)(3)(B)
or this subsection may bring a civil action in United States district
court for a declaratory judgment, a temporary restraining order, an
injunction, statutory damages, or other remedy against any alleged
violator, including the United States.
`(ii) JUDICIAL RELIEF- If a district court of the United States determines
that a violation of subsection (g)(3)(B) or this subsection has occurred,
the district court--
`(I) shall impose a damage award of not less than $5,000;
`(II) may issue 1 or more injunctions or other forms of equitable
relief; and
`(III) shall award to the plaintiffs reasonable costs of bringing
the action, including attorney's fees, witness fees, and other necessary
expenses.
`(iii) STANDARD OF PROOF- The standard of proof in all actions under
this subparagraph shall be the preponderance of the evidence.
`(iv) TRIAL- A trial for any action under this subsection shall be
de novo.
`(i) NON-FEDERAL VIOLATOR- A damage award under subparagraph (D)(ii)
shall be paid to the Treasury by a non-Federal violator or violators
designated by the court.
`(I) IN GENERAL- Not later than 40 days after the date on which
judgment is rendered, a damage award under subparagraph (D)(ii)
for which the United States is determined to be liable shall be
paid from the Treasury, as provided under section 1304 of title
31, United States Code, to the person or persons designated to receive
the damage award.
`(II) USE OF DAMAGE AWARD- A damage award described under subclause
(I) shall be used by the recipient to protect or restore native
biodiversity on Federal land or on land adjoining Federal land.
`(III) COURT COSTS- Any award of costs of litigation and any award
of attorney fees shall be paid by a Federal violator not later than
40 days after the date on which judgment is rendered.
`(F) WAIVER OF SOVEREIGN IMMUNITY-
`(i) IN GENERAL- The United States (including agents and employees
of the United States) waives its sovereign immunity in all respects
in all actions under subsection (g)(3)(B) and this subsection.
`(ii) NOTICE- No notice is required to enforce this subsection.'.
SEC. 104. CONFORMING AMENDMENTS.
Section 6(g)(3) of the Forest and Rangeland Renewable Resource Planning
Act of 1974 (16 U.S.C. 1604(g)(3)) is amended--
(1) in subparagraph (D), by inserting `and' after the semicolon at the
end;
(2) in subparagraph (E), by striking `; and' and inserting a period; and
(3) by striking subparagraph (F).
TITLE II--PROTECTION FOR ANCIENT FORESTS, ROADLESS AREAS, WATERSHED PROTECTION
AREAS, AND SPECIAL AREAS
SEC. 201. FINDINGS.
(1) unfragmented forests on Federal land, unique and valuable assets to
the general public, are damaged by extractive logging;
(2) less than 10 percent of the original unlogged forests of the United
States remain, and the vast majority of the remnants of the original forests
of the United States are located on Federal land;
(3) large, unfragmented forest watersheds provide high-quality water supplies
for drinking, agriculture, industry, and fisheries across the United States;
(4) the most recent scientific studies indicate that several thousand
species of plants and animals are dependent on large, unfragmented forest
areas;
(5) many neotropical migratory songbird species are experiencing documented
broad-scale population declines and require large, unfragmented forests
to ensure their survival;
(6) destruction of large-scale natural forests has resulted in a tremendous
loss of jobs in the fishing, hunting, tourism, recreation, and guiding
industries, and has adversely affected sustainable nontimber forest products
industries such as the collection of mushrooms and herbs;
(7) extractive logging programs on Federal land are carried out at enormous
financial costs to the Treasury and taxpayers of the United States;
(8) Ancient forests continue to be threatened by logging and deforestation
and are rapidly disappearing;
(9) Ancient forests help regulate atmospheric balance, maintain biodiversity,
and provide valuable scientific opportunity for monitoring the health
of the planet;
(10) prohibiting extractive logging in the Ancient forests would create
the best conditions for ensuring stable, well distributed, and viable
populations of the northern spotted owl, marbled murrelet, American marten,
and other vertebrates, invertebrates, vascular plants, and nonvascular
plants associated with those forests;
(11) prohibiting extractive logging in the Ancient forests would create
the best conditions for ensuring stable, well distributed, and viable
populations of anadromous salmonids, resident salmonids, and bull trout;
(12) roadless areas are de facto wilderness that provide wildlife habitat
and recreation;
(13) large unfragmented forests, contained in large part on roadless areas
on Federal land, are among the last refuges for native animal and plant
biodiversity, and are vital to maintaining viable populations of threatened,
endangered, sensitive, and rare species;
(14) roads cause soil erosion, disrupt wildlife migration, and allow nonnative
species of plants and animals to invade native forests;
(15) the mortality and reproduction patterns of forest dwelling animal
populations are adversely affected by traffic-related fatalities that
accompany roads;
(16) the exceptional recreational, biological, scientific, or economic
assets of certain special forested areas on Federal land are valuable
to the public of the United States and are damaged by extractive logging;
(17) in order to gauge the effectiveness and appropriateness of current
and future resource management activities, and to continue to broaden
and develop our understanding of silvicultural practices, many special
forested areas need to remain in a natural, unmanaged state to serve as
scientifically established baseline control forests;
(18) certain special forested areas provide habitat for the survival and
recovery of endangered and threatened plant and wildlife species, such
as grizzly bears, spotted owls, Pacific salmon, and Pacific yew, that
are harmed by extractive logging;
(19) many special forested areas on Federal land are considered sacred
sites by native peoples; and
(20) as a legacy for the enjoyment, knowledge, and well-being of future
generations, provisions must be made for the protection and perpetuation
of the Ancient forests, roadless areas, watershed protection areas, and
special areas of the United States.
SEC. 202. DEFINITIONS.
(1) ANCIENT FOREST- The term `Ancient forest' means--
(A) the northwest Ancient forests, including--
(i) Federal land identified as late-successional reserves, riparian
reserves, and key watersheds under the heading `Alternative 1' of
the report entitled `Final Supplemental Environmental Impact Statement
on Management of Habitat for Late-Successional and Old-Growth Forest
Related Species Within the Range of the Northern Spotted Owl, Vol.
I.', and dated February 1994; and
(ii) Federal land identified by the term `medium and large conifer
multi-storied, canopied forests' as defined in the report described
in clause (i);
(B) the eastside Cascade Ancient forests, including--
(i) Federal land identified as `Late-Succession/Old-growth Forest
(LS/OG)' depicted on maps for the Colville National Forest, Fremont
National Forest, Malheur National Forest, Ochoco National Forest,
Umatilla National Forest, Wallowa-Whitman National Forest, and Winema
National Forest in the report entitled `Interim Protection for Late-Successional
Forests, Fisheries, and Watersheds: National Forests East of the Cascade
Crest, Oregon, and Washington', prepared by the Eastside Forests Scientific
Society Panel (The Wildlife Society, Technical Review 94-2, August
1994);
(ii) Federal land east of the Cascade crest in the States of Oregon
and Washington, defined as `late successional and old-growth forests'
in the general definition on page 28 of the report described in clause
(i); and
(iii) Federal land classified as `Oregon Aquatic Diversity Areas',
as defined in the report described in clause (i); and
(C) the Sierra Nevada Ancient forests, including--
(i) Federal land identified as `Areas of Late-Successional Emphasis
(ALSE)' in the report entitled, `Final Report to Congress: Status
of the Sierra Nevada', prepared by the Sierra Nevada Ecosystem Project
(Wildland Resources Center Report #40, University of California, Davis,
1996/97);
(ii) Federal land identified as `Late-Succession/Old-Growth Forests
Rank 3, 4 or 5' in the report described in clause (i); and
(iii) Federal land identified as `Potential Aquatic Diversity Management
Areas' on the map on page 1497 of Volume II of the report described
in clause (i).
(2) EXTRACTIVE LOGGING- The term `extractive logging' means the felling
or removal of any trees from Federal forest land for any purpose.
(3) IMPROVED ROAD- The term `improved road' means any road maintained
for travel by standard passenger type vehicles.
(4) ROADLESS AREA- The term `roadless area' means a contiguous parcel
of Federal land that is--
(A) devoid of improved roads, except as provided in subparagraph (B);
and
(i) at least 1,000 acres west of the 100th meridian (with up to 1/2
mile of improved roads per 1,000 acres);
(ii) at least 1,000 acres east of the 100th meridian (with up to 1/2
mile of improved roads per 1,000 acres); or
(iii) less than 1,000 acres, but share a border that is not an improved
road with a wilderness area, primitive area, or wilderness study area.
(5) SECRETARY- The term `Secretary', with respect to any Federal land
in an Ancient forest, roadless area, watershed protection area, or special
area, means the head of the Federal agency having jurisdiction over the
Federal land.
(6) SPECIAL AREA- The term `special area' means an area of Federal forest
land designated under section 3 that may not meet the definition of an
Ancient forest, roadless area, or watershed protection area, but that--
(A) possesses outstanding biological, scenic, recreational, or cultural
values; and
(B) is exemplary on a regional, national, or international level.
(7) WATERSHED PROTECTION AREA- The term `watershed protection area' means
Federal land that extends--
(A) 300 feet from both sides of the active stream channel of any permanently
flowing stream or river;
(B) 100 feet from both sides of the active channel of any intermittent,
ephemeral, or seasonal stream, or any other nonpermanently flowing drainage
feature having a definable channel and evidence of annual scour or deposition
of flow-related debris;
(C) 300 feet from the edge of the maximum level of any natural lake
or pond; or
(D) 150 feet from the edge of the maximum level of a constructed lake,
pond, or reservoir, or a natural or constructed wetland.
SEC. 203. DESIGNATION OF SPECIAL AREAS.
(1) FINDING- A special area shall possess at least 1 of the values described
in paragraphs (2) through (5).
(2) BIOLOGICAL VALUES- The biological values of a special area may include
the presence of--
(A) threatened species or endangered species of plants or animals;
(B) rare or endangered ecosystems;
(C) key habitats necessary for the recovery of endangered species or
threatened species;
(D) recovery or restoration areas of rare or underrepresented forest
ecosystems;
(F) areas of outstanding biodiversity;
(H) commercial fisheries; and
(I) sources of clean water such as key watersheds.
(3) SCENIC VALUES- The scenic values of a special area may include the
presence of--
(A) unusual geological formations;
(B) designated wild and scenic rivers;
(4) RECREATIONAL VALUES- The recreational values of a special area may
include the presence of--
(A) designated national recreational trails or recreational areas;
(B) areas that are popular for such recreation and sporting activities
as--
(v) aquatic recreation; and
(C) Federal land in regions that are underserved in terms of recreation;
(D) land adjacent to designated wilderness areas; and
(5) CULTURAL VALUES- The cultural values of a special area may include
the presence of--
(A) sites with Native American religious significance; and
(B) historic or prehistoric archaeological sites eligible for listing
on the national historic register.
(b) Size Variation- A special area may vary in size to encompass the outstanding
biological, scenic, recreational, or cultural value or values to be protected.
(c) Designation of Special Areas- There are designated the following special
areas, which shall be subject to the management restrictions specified in
section 204:
(A) SIPSEY WILDERNESS HEADWATERS- Certain land in the Bankhead National
Forest, Bankhead Ranger District, in Lawrence County, totaling approximately
22,000 acres, located directly north and upstream of the Sipsey Wilderness,
and directly south of Forest Road 213.
(B) BRUSHY FORK- Certain land in the Bankhead National Forest, Bankhead
Ranger District, in Lawrence County, totaling approximately 6,200 acres,
bounded by Forest Roads 249, 254, and 246 and Alabama Highway 33.
(C) REBECCA MOUNTAIN- Certain land in the Talladega National Forest,
Talladega Ranger District, Talladega County and Clay County, totaling
approximately 9,000 acres, comprised of all Talladega National Forest
lands south of Forest Roads 621 and 621 B, east of Alabama Highway 48/77
and County Highway 308, and north of the power transmission line.
(D) AUGUSTA MINE RIDGE- Certain land in the Talladega National Forest,
Shoal Creek Ranger District, Cherokee County and Cleburn County, totaling
approximately 6,000 acres, and comprised of all Talladega National Forest
land north of the Chief Ladiga Rail Trail.
(E) MAYFIELD CREEK- Certain land in the Talladega National Forest, Oakmulgee
Ranger District, in Rail County, totaling approximately 4,000 acres,
and bounded by Forest Roads 731, 723, 718, and 718A.
(F) BEAR BAY- Certain land in the Conecuh National Forest, Conecuh District,
in Covington County, totaling approximately 3,000 acres, bounded by
County Road 11, Forest Road 305, County Road 3, and the County Road
connecting County Roads 3 and 11.
(A) TURNAGAIN ARM- Certain land in the Chugach National Forest, on the
Kenai Peninsula, totaling approximately 100,000 acres, extending from
sea level to ridgetop surrounding the inlet of Turnagain Arm, known
as `Turnagain Arm'.
(B) HONKER DIVIDE- Certain land in the Tongass National Forest, totaling
approximately 75,000 acres, located on north central Prince of Wales
Island, comprising the Thorne River and Hatchery Creek watersheds, stretching
approximately 40 miles northwest from the vicinity of the town of Thorne
Bay to the vicinity of the town of Coffman Cove, generally known as
the `Honker Divide'.
(3) ARIZONA: NORTH RIM OF THE GRAND CANYON- Certain land in the Kaibab
National Forest that is included in the Grand Canyon Game Preserve, totaling
approximately 500,000 acres, abutting the northern side of the Grand Canyon
in the area generally known as the `North Rim of the Grand Canyon'.
(A) COW CREEK DRAINAGE, ARKANSAS- Certain land in the Ouachita National
Forest, Mena Ranger District, in Polk County, totaling approximately
7,000 acres, known as `Cow Creek Drainage, Arkansas', and bounded approximately--
(i) on the north, by County Road 95;
(ii) on the south, by County Road 157;
(iii) on the east, by County Road 48; and
(iv) on the west, by the Arkansas-Oklahoma border.
(B) LEADER AND BRUSH MOUNTAINS- Certain land in the Ouachita National
Forest, Montgomery County and Polk County, totaling approximately 120,000
acres, known as `Leader Mountain' and `Brush Mountain', located in the
vicinity of the Blaylock Creek Watershed between Long Creek and the
South Fork of the Saline River.
(C) POLK CREEK AREA- Certain land in the Ouachita National Forest, Mena
Ranger District, totaling approximately 20,000 acres, bounded by Arkansas
Highway 4 and Forest Roads 73 and 43, known as the `Polk Creek area'.
(D) LOWER BUFFALO RIVER WATERSHED- Certain land in the Ozark National
Forest, Sylamore Ranger District, totaling approximately 6,000 acres,
including Forest Service land that has not been designated as a wilderness
area before the date of enactment of this Act, located in the watershed
of Big Creek southwest of the Leatherwood Wilderness Area, Searcy County
and Marion County, and known as the `Lower Buffalo River Watershed'.
(E) UPPER BUFFALO RIVER WATERSHED- Certain land in the Ozark National
Forest, Buffalo Ranger District, totaling approximately 220,000 acres,
comprised of Forest Service that has not been designated as a wilderness
area before the date of enactment of this Act, known as the `Upper Buffalo
River Watershed', located approximately 35 miles from the town of Harrison,
Madison County, Newton County, and Searcy County, upstream of the confluence
of the Buffalo River and Richland Creek in the watersheds of--
(ii) the various streams comprising the Headwaters of the Buffalo
River;
(iv) Little Buffalo Headwaters;
(5) COLORADO: COCHETOPA HILLS- Certain land in the Gunnison Basin area,
known as the `Cochetopa Hills', administered by the Gunnison National
Forest, Grand Mesa National Forest, Uncompahgre National Forest, and Rio
Grand National Forest, totaling approximately 500,000 acres, spanning
the continental divide south and east of the city of Gunnison, in Saguache
County, and including--
(A) Elk Mountain and West Elk Mountain;
(C) the Uncompahgre Plateau;
(D) the northern San Juan Mountains;
(E) the La Garitas Mountains; and
(A) ARMUCHEE CLUSTER- Certain land in the Chattahoochee National Forest,
Armuchee Ranger District, known as the `Armuchee Cluster', totaling
approximately 19,700 acres, comprised of 3 parcels known as `Rocky Face',
`Johns Mountain', and `Hidden Creek', located approximately 10 miles
southwest of Dalton and 14 miles north of Rome, in Whitfield County,
Walker County, Chattooga County, Floyd County, and Gordon County.
(B) BLUE RIDGE CORRIDOR CLUSTER, GEORGIA AREAS- Certain land in the
Chattahoochee National Forest, Chestatee Ranger District, totaling approximately
15,000 acres, known as the `Blue Ridge Corridor Cluster, Georgia Areas',
comprised of 5 parcels known as `Horse Gap', `Hogback Mountain', `Blackwell
Creek', `Little Cedar Mountain', and `Black Mountain', located approximately
15 to 20 miles north of the town of Dahlonega, in Union County and Lumpkin
County.
(C) CHATTOOGA WATERSHED CLUSTER, GEORGIA AREAS- Certain land in the
Chattahoochee National Forest, Tallulah Ranger District, totaling 63,500
acres, known as the `Chattooga Watershed Cluster, Georgia Areas', comprised
of 7 areas known as `Rabun Bald', `Three Forks', `Ellicott Rock Extension',
`Rock Gorge', `Big Shoals', `Thrift's Ferry', and `Five Falls', in Rabun
County, near the towns of Clayton, Georgia, and Dillard, South Carolina.
(D) COHUTTA CLUSTER- Certain land in the Chattahoochee National Forest,
Cohutta Ranger District, totaling approximately 28,000 acres, known
as the `Cohutta Cluster', comprised of 4 parcels known as `Cohutta Extensions',
`Grassy Mountain', `Emery Creek', and `Mountaintown', near the towns
of Chatsworth and Ellijay, in Murray County, Fannin County, and Gilmer
County.
(E) DUNCAN RIDGE CLUSTER- Certain land in the Chattahoochee National
Forest, Brasstown and Toccoa Ranger Districts, totaling approximately
17,000 acres, known as the `Duncan Ridge Cluster', comprised of the
parcels known as `Licklog Mountain', `Duncan Ridge', `Board Camp', and
`Cooper Creek Scenic Area Extension', approximately 10 to 15 miles south
of the town of Blairsville, in Union County and Fannin County.
(F) ED JENKINS NATIONAL RECREATION AREA CLUSTER- Certain land in the
Chattahoochee National Forest, Toccoa and Chestatee Ranger Districts,
totaling approximately 19,300 acres, known as the `Ed Jenkins National
Recreation Area Cluster', comprised of the Springer Mountain, Mill Creek,
and Toonowee parcels, 30 miles north of the town of Dahlonega, in Fannin
County, Dawson County, and Lumpkin County.
(G) GAINESVILLE RIDGES CLUSTER- Certain land in the Chattahoochee National
Forest, Chattooga Ranger District, totaling approximately 14,200 acres,
known as the `Gainesville Ridges Cluster', comprised of 3 parcels known
as `Panther Creek', `Tugaloo Uplands', and `Middle Fork Broad River',
approximately 10 miles from the town of Toccoa, in Habersham County
and Stephens County.
(H) NORTHERN BLUE RIDGE CLUSTER, GEORGIA AREAS- Certain land in the
Chattahoochee National Forest, Brasstown and Tallulah Ranger Districts,
totaling approximately 46,000 acres, known as the `Northern Blue Ridge
Cluster, Georgia Areas', comprised of 8 areas known as `Andrews Cove',
`Anna Ruby Falls Scenic Area Extension', `High Shoals', `Tray Mountain
Extension', `Kelly Ridge-Moccasin Creek', `Buzzard Knob', `Southern
Nantahala Extension', and `Patterson Gap', approximately 5 to 15 miles
north of Helen, 5 to 15 miles southeast of Hiawassee, north of Clayton,
and west of Dillard, in White County, Towns County, and Rabun County.
(I) RICH MOUNTAIN CLUSTER- Certain land in the Chattahoochee National
Forest, Toccoa Ranger District, totaling approximately 9,500 acres,
known as the `Rich Mountain Cluster', comprised of the parcels known
as `Rich Mountain Extension' and `Rocky Mountain', located 10 to 15
miles northeast of the town of Ellijay, in Gilmer County and Fannin
County.
(J) WILDERNESS HEARTLANDS CLUSTER, GEORGIA AREAS- Certain land in the
Chattahoochee National Forest, Chestatee, Brasstown and Chattooga Ranger
Districts, totaling approximately 16,500 acres, known as the `Wilderness
Heartlands Cluster, Georgia Areas', comprised of 4 parcels known as
the `Blood Mountain Extensions', `Raven Cliffs Extensions', `Mark Trail
Extensions', and `Brasstown Extensions', near the towns of Dahlonega,
Cleveland, Helen, and Blairsville, in Lumpkin County, Union County,
White County, and Towns County.
(A) COVE/MALLARD- Certain land in the Nez Perce National Forest, totaling
approximately 94,000 acres, located approximately 30 miles southwest
of the town of Elk City, and west of the town of Dixie, in the area
generally known as `Cove/Mallard'.
(B) MEADOW CREEK- Certain land in the Nez Perce National Forest, totaling
approximately 180,000 acres, located approximately 8 miles east of the
town of Elk City in the area generally known as `Meadow Creek'.
(C) FRENCH CREEK/PATRICK BUTTE- Certain land in the Payette National
Forest, totaling approximately 141,000 acres, located approximately
20 miles north of the town of McCall in the area generally known as
`French Creek/Patrick Butte'.
(A) CRIPPS BEND- Certain land in the Shawnee National Forest, totaling
approximately 39 acres, located in Jackson County in the Big Muddy River
watershed, in the area generally known as `Cripps Bend'.
(B) OPPORTUNITY AREA 6- Certain land in the Shawnee National Forest,
totaling approximately 50,000 acres, located in northern Pope County
surrounding Bell Smith Springs Natural Area, in the area generally known
as `Opportunity Area 6'.
(C) QUARREL CREEK- Certain land in the Shawnee National Forest, totaling
approximately 490 acres, located in northern Pope County in the Quarrel
Creek watershed, in the area generally known as `Quarrel Creek'.
(9) MICHIGAN: TRAP HILLS- Certain land in the Ottawa National Forest,
Bergland Ranger District, totaling approximately 37,120 acres, known as
the `Trap Hills', located approximately 5 miles from the town of Bergland,
in Ontonagon County.
(A) TROUT LAKE AND SUOMI HILLS- Certain land in the Chippewa National
Forest, totaling approximately 12,000 acres, known as `Trout Lake/Suomi
Hills' in Itasca County.
(B) LULLABY WHITE PINE RESERVE- Certain land in the Superior National
Forest, Gunflint Ranger District, totaling approximately 2,518 acres,
in the South Brule Opportunity Area, northwest of Grand Marais in Cook
County, known as the `Lullaby White Pine Reserve'.
(11) MISSOURI: ELEVEN POINT-BIG SPRINGS AREA- Certain land in the Mark
Twain National Forest, Eleven Point Ranger District, totaling approximately
200,000 acres, comprised of the administrative area of the Eleven Point
Ranger District, known as the `Eleven Point-Big Springs Area'.
(12) MONTANA: MOUNT BUSHNELL- Certain land in the Lolo National Forest,
totaling approximately 41,000 acres, located approximately 5 miles southwest
of the town of Thompson Falls in the area generally known as `Mount Bushnell'.
(A) ANGOSTURA- Certain land in the eastern half of the Carson National
Forest, Camino Real Ranger District, totaling approximately 10,000 acres,
located in Township 21, Ranges 12 and 13, known as `Angostura', and
bounded--
(i) on the northeast, by Highway 518;
(ii) on the southeast, by the Angostura Creek watershed boundary;
(iii) on the southern side, by Trail 19 and the Pecos Wilderness;
and
(iv) on the west, by the Agua Piedra Creek watershed.
(B) LA MANGA- Certain land in the western half of the Carson National
Forest, El Rito Ranger District, at the Vallecitos Sustained Yield Unit,
totaling approximately 5,400 acres, known as `La Manga', in Township
27, Range 6, and bounded--
(i) on the north, by the Tierra Amarilla Land Grant;
(ii) on the south, by Canada Escondida;
(iii) on the west, by the Sustained Yield Unit boundary and the Tierra
Amarilla Land Grant; and
(iv) on the east, by the Rio Vallecitos.
(C) ELK MOUNTAIN- Certain land in the Santa Fe National Forest, totaling
approximately 7,220 acres, known as `Elk Mountain' located in Townships
17 and 18 and Ranges 12 and 13, and bounded--
(i) on the north, by the Pecos Wilderness;
(ii) on the east, by the Cow Creek Watershed;
(iii) on the west, by the Cow Creek; and
(iv) on the south, by Rito de la Osha.
(D) JEMEZ HIGHLANDS- Certain land in the Jemez Ranger District of the
Santa Fe National Forest, totaling approximately 54,400 acres, known
as the `Jemez Highlands', located primarily in Sandoval County.
(A) CENTRAL NANTAHALA CLUSTER, NORTH CAROLINA AREAS- Certain land in
the Nantahala National Forest, Tusquitee, Cheoah, and Wayah Ranger Districts,
totaling approximately 107,000 acres, known as the `Central Nantahala
Cluster, North Carolina Areas', comprised of 9 parcels known as `Tusquitee
Bald', `Shooting Creek Bald', `Cheoah Bald', `Piercy Bald', `Wesser
Bald', `Tellico Bald', `Split White Oak', `Siler Bald', and `Southern
Nantahala Extensions', near the towns of Murphy, Franklin, Bryson City,
Andrews, and Beechertown, in Cherokee County, Macon County, Clay County,
and Swain County.
(B) CHATTOOGA WATERSHED CLUSTER, NORTH CAROLINA AREAS- Certain land
in the Nantahala National Forest, Highlands Ranger District, totaling
approximately 8,000 acres, known as the `Chattooga Watershed Cluster,
North Carolina Areas', comprised of the Overflow (Blue Valley) and Terrapin
Mountain parcels, 5 miles from the town of Highlands, in Macon County
and Jackson County.
(C) TENNESSEE BORDER CLUSTER, NORTH CAROLINA AREAS- Certain land in
the Nantahala National Forest, Tusquitee and Cheoah Ranger Districts,
totaling approximately 28,000 acres, known as the `Tennessee Border
Cluster, North Carolina Areas', comprised of the 4 parcels known as
the `Unicoi Mountains', `Deaden Tree', `Snowbird', and `Joyce Kilmer-Slickrock
Extension', near the towns of Murphy and Robbinsville, in Cherokee County
and Graham County.
(D) BALD MOUNTAINS- Certain land in the Pisgah National Forest, French
Broad Ranger District, totaling approximately 13,000 acres known as
the `Bald Mountains', located 12 miles northeast of the town of Hot
Springs, in Madison County.
(E) BIG IVY TRACT- Certain land in the Pisgah National Forest, totaling
approximately 14,000 acres, located approximately 15 miles west of Mount
Mitchell in the area generally known as the `Big Ivy Tract'.
(F) BLACK MOUNTAINS CLUSTER, NORTH CAROLINA AREAS- Certain land in the
Pisgah National Forest, Toecane and Grandfather Ranger Districts, totaling
approximately 62,000 acres, known as the `Black Mountains Cluster, North
Carolina Areas', comprised of 5 parcels known as `Craggy Mountains',
`Black Mountains', `Jarrett Creek', `Mackey Mountain', and `Woods Mountain',
near the towns of Burnsville, Montreat and Marion, in Buncombe County,
Yancey County, and McDowell County.
(G) LINVILLE CLUSTER- Certain land in the Pisgah National Forest, Grandfather
District, totaling approximately 42,000 acres, known as the `Linville
Cluster', comprised of 7 parcels known as `Dobson Knob', `Linville Gorge
Extension', `Steels Creek', `Sugar Knob', `Harper Creek', `Lost Cove',
and `Upper Wilson Creek', near the towns of Marion, Morgantown, Spruce
Pine, Linville, and Blowing Rock, in Burke County, McDowell County,
Avery County, and Caldwell County.
(H) NOLICHUCKY, NORTH CAROLINA AREA- Certain land in the Pisgah National
Forest, Toecane Ranger District, totaling approximately 4,000 acres,
known as the `Nolichucky, North Carolina Area', located 25 miles northwest
of Burnsville, in Mitchell County and Yancey County.
(I) PISGAH CLUSTER, NORTH CAROLINA AREAS- Certain land in the Pisgah
National Forest, Pisgah Ranger District, totaling approximately 52,000
acres, known as the `Pisgah Cluster, North Carolina Areas', comprised
of 5 parcels known as `Shining Rock and Middle Prong Extensions', `Daniel
Ridge', `Cedar Rock Mountain', `South Mills River', and `Laurel Mountain',
5 to 12 miles north of the town of Brevard and southwest of the city
of Asheville, in Haywood County, Transylvania County, and Henderson
County.
(J) WILDCAT- Certain land in the Pisgah National Forest, French Broad
Ranger District, totaling approximately 6,500 acres, known as `Wildcat',
located 20 miles northwest of the town of Canton, in Haywood County.
(A) ARCHERS FORK COMPLEX- Certain land in the Marietta Unit of the Athens
Ranger District, in the Wayne National Forest, in Washington County,
known as `Archers Fork Complex', totaling approximately 18,350 acres,
located northeast of Newport and bounded--
(i) on the northwest, by State Highway 26;
(ii) on the northeast, by State Highway 260;
(iii) on the southeast, by the Ohio River; and
(iv) on the southwest, by Bear Run and Danas Creek.
(B) BLUEGRASS RIDGE- Certain land in the Ironton Ranger District on
the Wayne National Forest, in Lawrence County, known as `Bluegrass Ridge',
totaling approximately 4,000 acres, located 3 miles east of Etna in
Township 4 North, Range 17 West, Sections 19 through 23 and 27 through
30.
(C) BUFFALO CREEK- Certain land in the Ironton Ranger District of the
Wayne National Forest, Lawrence County, Ohio, known as `Buffalo Creek',
totaling approximately 6500 acres, located 4 miles northwest of Waterloo
in Township 5 North, Ranger 17 West, sections 3 through 10 and 15 through
18.
(D) LAKE VESUVIUS- Certain land in the Ironton Ranger District of the
Wayne National Forest, in Lawrence County, totaling approximately 4,900
acres, generally known as `Lake Vesuvius', located to the east of Etna
in Township 2 North, Range 18 West, and bounded--
(i) on the southwest, by State Highway 93; and
(ii) on the northwest, by State Highway 4.
(E) MORGAN SISTERS- Certain land in the Ironton Ranger District of the
Wayne National Forest, in Lawrence County, known as `Morgan Sisters',
totaling approximately 2,500 acres, located 1 mile east of Gallia and
bounded by State Highway 233 in Township 6 North, Range 17 West, sections
13, 14, 23 and 24 and Township 5 North, Range 16 West, sections 18 and
19.
(F) UTAH RIDGE- Certain land in the Athens Ranger District of the Wayne
National Forest, in Athens County, known as `Utah Ridge', totaling approximately
9,000 acres, located 1 mile northwest of Chauncey and bounded--
(i) on the southeast, by State Highway 682 and State Highway 13;
(ii) on the southwest, by US Highway 33 and State Highway 216; and
(iii) on the north, by State Highway 665.
(G) WILDCAT HOLLOW- Certain land in the Athens Ranger District of the
Wayne National Forest, in Perry County and Morgan County, known as `Wildcat
Hollow', totaling approximately 4,500 acres, located 1 mile east of
Corning in Township 12 North, Range 14 West, sections 1, 2, 11-14, 23
and 24 and Township 8 North, Range 13 West, sections 7, 18, and 19.
(16) OKLAHOMA: COW CREEK DRAINAGE, OKLAHOMA- Certain land in the Ouachita
National Forest, Mena Ranger District, in Le Flore County, totaling approximately
3,000 acres, known as `Cow Creek Drainage, Oklahoma', and bounded approximately--
(A) on the west, by the Beech Creek National Scenic Area;
(B) on the north, by State Highway 63;
(C) on the east, by the Arkansas-Oklahoma border; and
(D) on the south, by County Road 9038 on the south.
(17) OREGON: APPLEGATE WILDERNESS- Certain land in the Siskiyou National
Forest and Rogue River National Forest, totaling approximately 20,000
acres, approximately 20 miles southwest of the town of Grants Pass and
10 miles south of the town of Williams, in the area generally known as
the `Applegate Wilderness'.
(A) THE BEAR CREEK SPECIAL AREA- Certain land in the Allegheny National
Forest, Marienville Ranger District, Elk County, totaling approximately
7,800 acres, and comprised of Allegheny National Forest land bounded--
(i) on the west, by Forest Service Road 136;
(ii) on the north, by Forest Service Roads 339 and 237;
(iii) on the east, by Forest Service Road 143; and
(iv) on the south, by Forest Service Road 135.
(B) THE BOGUS ROCKS SPECIAL AREA- Certain land in the Allegheny National
Forest, Marienville Ranger District, Forest County, totaling approximately
1,015 acres, and comprised of Allegheny National Forest land in compartment
714 bounded--
(i) on the northeast and east, by State Route 948;
(ii) on the south, by State Route 66;
(iii) 0n the southwest and west, by Township Road 370;
(iv) on the northwest, by Forest Service Road 632; and
(v) on the north, by a pipeline.
(C) THE CHAPPEL FORK SPECIAL AREA- Certain land in the Allegheny National
Forest, Bradford Ranger District, McKean County, totaling approximately
10,000 acres, and comprised of Allegheny National Forest land bounded--
(i) on the south and southeast, by State Road 321;
(ii) on the south, by Chappel Bay;
(iii) on the west, by the Allegheny Reservoir;
(iv) on the north, by State Route 59; and
(v) on the east, by private land.
(D) THE FOOLS CREEK SPECIAL AREA- Certain land in the Allegheny National
Forest, Bradford Ranger District, Warren County, totaling approximately
1,500 acres, and comprised of Allegheny National Forest land south and
west of Forest Service Road 255 and west of FR 255A, bounded--
(i) on the west, by Minister Road; and
(ii) on the south, by private land.
(E) THE HICKORY CREEK SPECIAL AREA- Certain land in the Allegheny National
Forest, Bradford Ranger District, Warren County, totaling approximately
2,000 acres, and comprised of Allegheny National Forest land bounded--
(i) on the east and northeast, by Heart's Content Road;
(ii) on the south, by Hickory Creek Wilderness Area;
(iii) on the northwest, by private land; and
(iv) on the north, by Allegheny Front National Recreation Area.
(F) THE LAMENTATION RUN SPECIAL AREA- Certain land in the Allegheny
National Forest, Marienville Ranger District, Forest County, totaling
approximately 4,500 acres, and--
(i) comprised of Allegheny National Forest land bounded--
(I) on the north, by Tionesta Creek;
(II) on the east, by Salmon Creek;
(III) on the southeast and southwest, by private land; and
(IV) on the south, by Forest Service Road 210; and
(ii) including the lower reaches of Bear Creek.
(G) THE LEWIS RUN SPECIAL AREA- Certain land in the Allegheny National
Forest, Bradford Ranger District, McKean County, totaling approximately
500 acres, and comprised of Allegheny National Forest land north and
east of Forest Service Road 312.3, including land known as the `Lewis
Run Natural Area' and consisting of land within Compartment 466, Stands
1-3, 5-8, 10-14, and 18-27.
(H) THE MILL CREEK SPECIAL AREA- Certain land in the Allegheny National
Forest, Marienville Ranger District, Elk County, totaling approximately
2,000 acres, and comprised of Allegheny National Forest land within
a 1-mile radius of the confluence of Red Mill Run and Big Mill Creek
and known as the `Mill Creek Natural Area'.
(I) THE MILLSTONE CREEK SPECIAL AREA- Certain land in the Allegheny
National Forest, Marienville Ranger District, Forest County, totaling
approximately 30,000 acres, and comprised of Allegheny National Forest
land bounded--
(i) on the north, by State Route 66;
(ii) on the northeast, by Forest Service Road 226;
(iii) on the east, by Forest Service Roads 130, 774, and 228;
(iv) on the southeast, by State Road 3002 and Forest Service Road
189;
(v) on the south, by the Clarion River; and
(vi) on the southwest, west, and northwest, by private land.
(J) THE MINISTER CREEK SPECIAL AREA- Certain land in the Allegheny National
Forest, Bradford Ranger District, Warren County, totalling approximately
6,600 acres, and comprised of Allegheny National Forest land bounded--
(i) on the north, by a snowmobile trail;
(ii) on the east, by Minister Road;
(iii) on the south, by State Route 666 and private land;
(iv) on the southwest, by Forest Service Road 420; and
(v) on the west, by warrants 3109 and 3014.
(K) THE MUZETTE SPECIAL AREA- Certain land in the Allegheny National
Forest, Marienville Ranger District, Forest County, totaling approximately
325 acres, and comprised of Allegheny National Forest land bounded--
(i) on the west, by 79«16
031' longitude, approximately;
(ii) on the north, by Forest Service Road 561;
(iii) on the east, by Forest Service Road 212; and
(iv) on the south, by private land.
(L) THE SUGAR RUN SPECIAL AREA- Certain land in the Allegheny National
Forest, Bradford Ranger District, McKean County, totaling approximately
8,800 acres, and comprised of Allegheny National Forest land bounded--
(i) on the north, by State Route 346 and private land;
(ii) on the east, by Forest Service Road 137; and
(iii) on the south and west, by State Route 321.
(M) THE TIONESTA SPECIAL AREA- Certain land in the Allegheny National
Forest, Bradford and Marienville Ranger Districts, Elk, Forest, McKean,
and Warren Counties, totalling approximately 27,000 acres, and comprised
of Allegheny National Forest land bounded--
(i) on the west, by private land and State Route 948;
(ii) on the northwest, by Forest Service Road 258;
(iii) on the north, by Hoffman Farm Recreation Area and Forest Service
Road 486;
(iv) on the northeast, by private land and State Route 6;
(v) on the east, by private land south to Forest Road 133, then by
snowmobile trail from Forest Road 133 to Windy City, then by private
land and Forest Road 327 to Russell City; and
(vi) on the southwest, by State Routes 66 and 948.
(A) BIG SHOALS, SOUTH CAROLINA AREA- Certain land in the Sumter National
Forest, Andrew Pickens Ranger District, in Oconee County, totaling approximately
2,000 acres, known as `Big Shoals, South Carolina Area', 15 miles south
of Highlands, North Carolina.
(B) BRASSTOWN CREEK, SOUTH CAROLINA AREA- Certain land in the Sumter
National Forest, Andrew Pickens Ranger District, in Oconee County, totaling
approximately 3,500 acres, known as `Brasstown Creek, South Carolina
Area', approximately 15 miles west of Westminster, South Carolina.
(C) CHAUGA- Certain land in the Sumter National Forest, Andrew Pickens
Ranger District, in Oconee County, totaling approximately 16,000 acres,
known as `Chauga', approximately 10 miles west of Walhalla, South Carolina.
(D) DARK BOTTOMS- Certain land in the Sumter National Forest, Andrew
Pickens Ranger District, in Oconee County, totaling approximately 4,000
acres, known as `Dark Bottoms', approximately 10 miles northwest of
Westminster, South Carolina.
(E) ELLICOTT ROCK EXTENSION, SOUTH CAROLINA AREA- Certain land in the
Sumter National Forest, Andrew Pickens Ranger District, in Oconee County,
totaling approximately 2,000 acres, known as `Ellicott Rock Extension,
South Carolina Area', located approximately 10 miles south of Cashiers,
North Carolina.
