S.Amdt. 1588Senate109th Congress (2005-2007)

In the nature of a substitute.

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

Floor

Senate amendment proposed (on the floor): Amendment SA 1588 proposed by Senator Collins for Senator Domenici.

July 26, 2005

Floor

Amendment SA 1588 proposed by Senator Collins for Senator Domenici. (consideration: CR S9049) In the nature of a substitute.

July 26, 2005

Floor

Amendment SA 1588 agreed to in Senate by Unanimous Consent. (text: CRS S9049)

July 26, 2005