S.Amdt. 1588Senate109th Congress (2005-2007)
In the nature of a substitute.
Sponsored by
Sen. Pete V. Domenici (R-NM)
Submitted July 26, 2005
Text
Submitted
This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.
SA 1588. Ms. COLLINS (for Mr. Domenici) proposed an amendment to 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; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northern California Coastal
Wild Heritage Wilderness Act''.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means--
(1) with respect to land under the jurisdiction of the
Secretary of Agriculture, the Secretary of Agriculture; and
(2) with respect to land under the jurisdiction of the
Secretary of the Interior, the Secretary of the Interior.
SEC. 3. DESIGNATION OF WILDERNESS AREAS.
In accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), the following areas in the State of California are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Snow mountain wilderness addition.--
(A) In general.--Certain land in the Mendocino National
Forest, comprising approximately 23,312 acres, as generally
depicted on the maps described in subparagraph (B), is
incorporated in and shall considered to be a part of the
``Snow Mountain Wilderness'', as designated by section
101(a)(31) of the California Wilderness Act of 1984 (16
U.S.C. 1132 note; Public Law 98-425).
(B) Description of maps.--The maps referred to in
subparagraph (A) are--
(i) the map entitled ``Skeleton Glade Unit, Snow Mountain
Proposed Wilderness Addition, Mendocino National Forest'' and
dated April 21, 2005; and
(ii) the map entitled ``Bear Creek/Deafy Glade Unit, Snow
Mountain Wilderness Addition, Mendocino National Forest'' and
dated April 21, 2005.
(2) Sanhedrin wilderness.--Certain land in the Mendocino
National Forest, comprising approximately 10,571 acres, as
generally depicted on the map entitled ``Sanhedrin Proposed
Wilderness, Mendocino National Forest'' and dated April 21,
2005, which shall be known as the ``Sanhedrin Wilderness''.
(3) Yuki wilderness.--Certain land in the Mendocino
National Forest and certain land administered by the Bureau
of Land Management in Lake and Mendocino Counties,
California, together comprising approximately 53,887 acres,
as generally depicted on the map entitled ``Yuki Proposed
Wilderness'' and dated May 23, 2005, which shall be known as
the ``Yuki Wilderness''.
(4) Yolla bolly-middle eel wilderness addition.--Certain
land in the Mendocino National Forest and certain land
administered by the Bureau of Land Management in Mendocino
County, California, together comprising approximately 27,036
acres, as generally depicted on the map entitled ``Middle
Fork Eel, Smokehouse and Big Butte Units, Yolla Bolly-Middle
Eel Proposed Wilderness Addition'' and dated June 7, 2005, is
incorporated in and shall considered to be a part of the
Yolla Bolly-Middle Eel Wilderness, as designated by section 3
of the Wilderness Act (16 U.S.C. 1132).
(5) Mad river buttes wilderness.--Certain land in the Six
Rivers National Forest, comprising approximately 5,506 acres,
as generally depicted on the map entitled ``Mad River Buttes,
Mad River Proposed Wilderness'' and dated June 28, 2005,
which shall be known as the ``Mad River Buttes Wilderness''.
(6) Siskiyou wilderness addition.--
(A) In general.--Certain land in the Six Rivers National
Forest, comprising approximately 44,801 acres, as generally
depicted on the maps described in subparagraph (B), is
incorporated in and shall be considered to be a part of the
Siskiyou Wilderness, as designated by section 101(a)(30) of
the California Wilderness Act of 1984 (16 U.S.C. 1132 note;
Public Law 98-425).
(B) Description of maps.--The maps referred to in
subparagraph (A) are--
(i) the map entitled ``Bear Basin Butte Unit, Siskiyou
Proposed Wilderness Additions, Six Rivers National Forest''
and dated June 28, 2005;
(ii) the map entitled ``Blue Creek Unit, Siskiyou Proposed
Wilderness Addition, Six Rivers National Forest'' and dated
October 28, 2004;
(iii) the map entitled ``Blue Ridge Unit, Siskiyou Proposed
Wilderness Addition, Six Rivers National Forest'' and dated
June 28, 2005;
(iv) the map entitled ``Broken Rib Unit, Siskiyou Proposed
Wilderness Addition, Six Rivers National Forest'' and dated
June 28, 2005; and
(v) the map entitled ``Wooly Bear Unit, Siskiyou Proposed
Wilderness Addition, Six Rivers National Forest'' and dated
June 28, 2005.
(7) Mount lassic wilderness.--Certain land in the Six
Rivers National Forest, comprising approximately 7,279 acres,
as generally depicted on the map entitled ``Mt. Lassic
Proposed Wilderness'' and dated June 7, 2005, which shall be
known as the ``Mount Lassic Wilderness''.
(8) Trinity alps wilderness addition.--
(A) In general.--Certain land in the Six Rivers National
Forest, comprising approximately 28,805 acres, as generally
depicted on the maps described in subparagraph (B) and which
is incorporated in and shall be considered to be a part of
the Trinity Alps Wilderness as designated by section
101(a)(34) of the California Wilderness Act of 1984 (16
U.S.C. 1132 note; Public Law 98-425).
(B) Description of maps.--The maps referred to in
subparagraph (A) are--
(i) the map entitled ``Orleans Mountain Unit (Boise Creek),
Trinity Alps Proposed Wilderness Addition, Six Rivers
National Forest'', and dated October 28, 2004;
(ii) the map entitled ``East Fork Unit, Trinity Alps
Proposed Wilderness Addition, Six Rivers National Forest''
and dated September 17, 2004;
(iii) the map entitled ``Horse Linto Unit, Trinity Alps
Proposed Wilderness Addition, Six Rivers National Forest''
and dated September 17, 2004; and
(iv) the map entitled ``Red Cap Unit, Trinity Alps Proposed
Wilderness Addition, Six Rivers National Forest'' and dated
June 7, 2005.
(9) Underwood wilderness.--Certain land in the Six Rivers
National Forest, comprising approximately 2,705 acres, as
generally depicted on the map entitled ``Underwood Proposed
Wilderness, Six Rivers National Forest'' and dated June 28,
2005, which shall be known as the ``Underwood Wilderness''.
(10) Cache creek wilderness.--Certain land administered by
the Bureau of Land Management in Lake County, California,
comprising approximately 31,025 acres, as generally depicted
on the map entitled ``Cache Creek Wilderness Area'' and dated
June 16, 2005, which shall be known as the ``Cache Creek
Wilderness''.
(11) Cedar roughs wilderness.--Certain land administered by
the Bureau of Land Management in Napa County, California,
comprising approximately 6,350 acres, as generally depicted
on the map entitled ``Cedar Roughs Wilderness Area'' and
dated September 27, 2004, which shall be known as the ``Cedar
Roughs Wilderness''.
(12) South fork eel river wilderness.--Certain land
administered by the Bureau of Land Management in Mendocino
County, California, comprising approximately 12,915 acres, as
generally depicted on the map entitled ``South Fork Eel River
Wilderness Area and Elkhorn Ridge Potential Wilderness'' and
dated June 16, 2005, which shall be known as the ``South Fork
Eel River Wilderness''.
(13) King range wilderness.--
(A) In general.--Certain land administered by the Bureau of
Land Management in Humboldt and Mendocino Counties,
California, comprising approximately 42,585 acres, as
generally depicted on the map entitled ``King Range
Wilderness'', and dated November 12, 2004, which shall be
known as the ``King Range Wilderness''.
(B) Applicable law.--With respect to the wilderness
designated by subparagraph (A), in the case of a conflict
between this Act and Public Law 91-476 (16 U.S.C. 460y et
seq.), the more restrictive provision shall control.
(14) Rocks and islands.--
(A) In general.--All Federally-owned rocks, islets, and
islands (whether named or unnamed and surveyed or unsurveyed)
that are located--
(i) not more than 3 geographic miles off the coast of the
King Range National Conservation Area; and
(ii) above mean high tide.
(B) Applicable law.--In the case of a conflict between this
Act and Proclamation No. 7264 (65 Fed. Reg. 2821), the more
restrictive provision shall control.
SEC. 4. ADMINISTRATION OF WILDERNESS AREAS.
(a) Management.--Subject to valid existing rights, each
area designated as wilderness by this Act shall be
administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(1) any reference in that Act to the effective date shall
be considered to be a reference to the date of enactment of
this Act; and
(2) any reference in that Act to the Secretary of
Agriculture shall be considered to
[[Page S9012]]
be a reference to the Secretary that has jurisdiction over
the wilderness.
(b) Map and Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and a
legal description of each wilderness area designated by this
Act with--
(A) the Committee on Resources of the House of
Representatives; and
(B) the Committee on Energy and Natural Resources of the
Senate.
(2) Force of law.--A map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
errors in the map and legal description.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be filed and made available
for public inspection in the appropriate office of the
Secretary.
(c) Incorporation of Acquired Land and Interests.--Any land
within the boundary of a wilderness area designated by this
Act that is acquired by the Federal Government shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with this Act, the Wilderness
Act (16 U.S.C. 1131 et seq.), and any other applicable law.
(d) Withdrawal.--Subject to valid rights in existence on
the date of enactment of this Act, the Federal land
designated as wilderness by this Act is withdrawn from all
forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(e) Fire, Insect, and Disease Management Activities.--
(1) In general.--The Secretary may take such measures in
the wilderness areas designated by this Act as are necessary
for the control and prevention of fire, insects, and
diseases, in accordance with--
(A) section 4(d)(1) of the Wilderness Act (16 U.S.C.
1133(d)(1)); and
(B) House Report No. 98-40 of the 98th Congress.
(2) Review.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall review existing
policies applicable to the wilderness areas designated by
this Act to ensure that authorized approval procedures for
any fire management measures allow a timely and efficient
response to fire emergencies in the wilderness areas.
(f) Access to Private Property.--
(1) In general.--The Secretary shall provide any owner of
private property within the boundary of a wilderness area
designated by this Act adequate access to such property to
ensure the reasonable use and enjoyment of the property by
the owner.
(2) King range wilderness.--
(A) In general.--Subject to subparagraph (B), within the
wilderness designated by section 3(13), the access route
depicted on the map for private landowners shall also be
available for invitees of the private landowners.
(B) Limitation.--Nothing in subparagraph (A) requires the
Secretary to provide any access to the landowners or invitees
beyond the access that would be available if the wilderness
had not been designated.
(g) Snow Sensors and Stream Gauges.--If the Secretary
determines that hydrologic, meteorologic, or climatological
instrumentation is appropriate to further the scientific,
educational, and conservation purposes of the wilderness
areas designated by this Act, nothing in this Act prevents
the installation and maintenance of the instrumentation
within the wilderness areas.
(h) Military Activities.--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.
(i) Livestock.--Grazing of livestock and the maintenance of
existing facilities related to grazing in wilderness areas
designated by this Act, where established before the date of
enactment of this Act, shall be permitted to continue in
accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(H. Rept. 101-405).
(j) Fish and Wildlife Management.--
(1) In general.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may
carry out management activities to maintain or restore fish
and wildlife populations and fish and wildlife habitats in
wilderness areas designated by this Act if such activities
are--
(A) consistent with applicable wilderness management plans;
and
(B) carried out in accordance with applicable guidelines
and policies.
(2) State jurisdiction.--Nothing in this Act affects the
jurisdiction of the State of California with respect to fish
and wildlife on the public land located in the State.
(k) Use by Members of Indian Tribes.--
(1) Access.--In recognition of the past use of wilderness
areas designated by this Act by members of Indian tribes for
traditional cultural and religious purposes, the Secretary
shall ensure that Indian tribes have access to the wilderness
areas for traditional cultural and religious purposes.
(2) Temporary closures.--
(A) In general.--In carrying out this section, the
Secretary, on request of an Indian tribe, may temporarily
close to the general public 1 or more specific portions of a
wilderness area to protect the privacy of the members of the
Indian tribe in the conduct of the traditional cultural and
religious activities in the wilderness area.
(B) Requirement.--Any closure under subparagraph (A) shall
be made in such a manner as to affect the smallest
practicable area for the minimum period of time necessary for
the activity to be carried out.
(3) Applicable law.--Access to the wilderness areas under
this subsection shall be in accordance with--
(A) Public Law 95-341 (commonly known as the ``American
Indian Religious Freedom Act'') (42 U.S.C. 1996 et seq.); and
(B) the Wilderness Act (16 U.S.C. 1131 et seq.).
(l) Adjacent Management.--
(1) In general.--Nothing in this Act creates protective
perimeters or buffer zones around any wilderness area
designated by this Act.
(2) Nonwilderness activities.--The fact that nonwilderness
activities or uses can be seen or heard from areas within a
wilderness area designated by this Act shall not preclude the
conduct of those activities or uses outside the boundary of
the wilderness area.
SEC. 5. RELEASE OF WILDERNESS STUDY AREAS.
(a) Finding.--Congress finds that, for the purposes of
section 603 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1782), any portion of a wilderness study area
described in subsection (b) that is not designated as
wilderness by this Act or any previous Act has been
adequately studied for wilderness.
(b) Description of Study Areas.--The study areas referred
to in subsection (a) are--
(1) the King Range Wilderness Study Area;
(2) the Chemise Mountain Instant Study Area;
(3) the Red Mountain Wilderness Study Area;
(4) the Cedar Roughs Wilderness Study Area; and
(5) those portions of the Rocky Creek/Cache Creek
Wilderness Study Area in Lake County, California which are
not in R. 5 W., T. 12 N., sec. 22, Mount Diablo Meridian.
(c) Release.--Any portion of a wilderness study area
described in subsection (b) that is not designated as
wilderness by this Act or any other Act enacted before the
date of enactment of this Act shall not be subject to section
603(c) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1782(c)).
SEC. 6. ELKHORN RIDGE POTENTIAL WILDERNESS AREA.
(a) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), certain public land
in the State administered by the Bureau of Land Management,
compromising approximately 11,271 acres, as generally
depicted on the map entitled ``South Fork Eel River
Wilderness Area and Elkhorn Ridge Potential Wilderness'' and
dated June 16, 2005, is designated as a potential wilderness
area.
(b) Management.--Except as provided in subsection (c) and
subject to valid existing rights, the Secretary shall manage
the potential wilderness area as wilderness until the
potential wilderness area is designated as wilderness.
(c) Ecological Restoration.--
(1) In general.--For purposes of ecological restoration
(including the elimination of non-native species, removal of
illegal, unused, or decommissioned roads, repair of skid
tracks, and any other activities necessary to restore the
natural ecosystems in the potential wilderness area), the
Secretary may used motorized equipment and mechanized
transport in the potential wilderness area until the
potential wilderness area is designated as wilderness.
(2) Limitation.--To the maximum extent practicable, the
Secretary shall use the minimum tool or administrative
practice necessary to accomplish ecological restoration with
the least amount of adverse impact on wilderness character
and resources.
(d) Wilderness Designation.--
(1) In general.--The potential wilderness area shall be
designated as wilderness and as a component of the National
Wilderness Preservation System on the earlier of--
(A) the date on which the Secretary publishes in the
Federal Register notice that the conditions in the potential
wilderness area that are incompatible with the Wilderness Act
(16 U.S.C. 1131 et seq.) have been removed; or
(B) the date that is 5 years after the date of enactment of
this Act.
(2) Administration.--On designation as wilderness under
paragraph (1), the potential wilderness area shall be--
(A) known as the ``Elkhorn Ridge Wilderness''; and
(B) administered in accordance with this Act and the
Wilderness Act (16 U.S.C. 1131 et seq.).
SEC. 7. WILD AND SCENIC RIVER DESIGNATION.
(a) Designation of Black Butte River, 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:
``(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:
[[Page S9013]]
``(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.''.
(b) Plan; Report.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Agriculture shall
submit to Congress--
(A) a fire management plan for the Black Butte River
segments designated by the amendment under subsection (a);
and
(B) a report on the cultural and historic resources within
those segments.
(2) Transmittal to county.--The Secretary of Agriculture
shall transmit to the Board of Supervisors of Mendocino
County, California, a copy of the plan and report submitted
under paragraph (1).
SEC. 8. KING RANGE NATIONAL CONSERVATION AREA BOUNDARY
ADJUSTMENT.
Section 9 of Public Law 91-476 (16 U.S.C. 460y-8) is
amended by adding at the end the following:
``(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.''.
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Senate amendment submitted
July 26, 2005
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Senate amendment submitted
July 26, 2005
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Senate amendment agreed to: Amendment SA 1588 agreed to in Senate by Unanimous Consent.
July 26, 2005
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Senate amendment proposed (on the floor): Amendment SA 1588 proposed by Senator Collins for Senator Domenici.
July 26, 2005
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Amendment SA 1588 proposed by Senator Collins for Senator Domenici. (consideration: CR S9049) In the nature of a substitute.
July 26, 2005
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Amendment SA 1588 agreed to in Senate by Unanimous Consent. (text: CRS S9049)
July 26, 2005