Text of the Headwaters Forest Act
The text of the bill below is as of Sep 23, 1994 (Referred to Senate Committee).
HR 2866 RFS
H. R. 2866
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 22 (legislative day, SEPTEMBER 12), 1994
SEPTEMBER 22 (legislative day, SEPTEMBER 12), 1994
SEPTEMBER 23 (legislative day, SEPTEMBER 12), 1994
SEPTEMBER 23 (legislative day, SEPTEMBER 12), 1994
Read twice and referred to the Committee on Energy and Natural Resources
To provide for the sound management and protection of Redwood forest areas in Humboldt County, California, by adding certain lands and waters to the Six Rivers National Forest and by including a portion of such lands in the national wilderness preservation system.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
- This Act may be cited as the ‘Headwaters Forest Act’.
SEC. 2. FINDINGS AND PURPOSE.
- (a) FINDINGS- The Congress finds that:
- (1) Redwoods are a significant national symbol and a defining symbol of the State of California.
- (2) Old growth redwood trees are a unique and irreplaceable natural resource.
- (3) Most of the Nation’s old growth forests have been cut. Less than 5 percent of the original 2,000,000 acre Coast redwoods remain standing. The groves that are left are crucial to maintain habitat needed for survival of old-growth dependent species. The Headwaters Forest, for example, is home to one of California’s three largest population of marbled murrelets, rare sea birds that nest only in coastal old growth trees; the Northern Spotted Owl; and native salmon stocks that spawn in the Forest’s creeks.
- (4) The remaining unprotected stands of old growth forests and old growth redwoods are under immediate threat of being harvested without regard to their ecological importance and without following Federal timber harvest guidelines.
- (5) Significant amounts of old growth redwoods in the proposed National Forest additions are being cut at a pace that is based on paying high interest rates on poor quality bonds and not at a pace that is based on sound forest management practices.
- (6) The continued fragmentation and loss of irreplaceable ecosystems creates an urgent need to develop creative solutions to achieve the long-term benefits of permanent protection and preservation.
- (b) PURPOSE- The purpose of this Act is to provide for the sound management and protection of old growth Redwood forest areas in Humboldt County, California, and to preserve and enhance habitat for the marbled murrelet, Northern Spotted owl, native salmon stocks, and other old growth forest dependent species, by adding certain lands and waters to the Six Rivers National Forest and by including a portion of such lands in the national wilderness preservation system.
- (c) DEFINITIONS- For purposes of this Act:
- (1) The terms ‘Six Rivers National Forest Addition’ and ‘Headwaters Forest’ mean the area authorized for land acquisition activities under section 3, as depicted on the map described in section 3(b)(1).
- (2) The term ‘Secretary’ means the Secretary of Agriculture.
SEC. 3. ADDITION TO SIX RIVERS NATIONAL FOREST.
- (a) MODIFICATION OF BOUNDARIES- Effective upon the consummation of a land acquisition conducted as provided in subsection (b), the Secretary of Agriculture shall modify the exterior boundaries of the Six Rivers National Forest in the State of California to include the acquired lands.
- (b) ACQUISITION OF LAND-
- (1) AREA FOR ACQUISITION ACTIVITIES- The Secretary may acquire lands and interests in land within the boundaries of an area comprising approximately 44,000 acres, as generally depicted on the map entitled ‘Six Rivers National Forest Addition proposed’ and dated June 1993, for inclusion in the Six Rivers National Forest under subsection (a). The map shall be on file and available for public inspection in the offices of the Forest Supervisor, Six Rivers National Forest, and in the offices of the Chief of the Forest Service, Department of Agriculture.
- (2) MANNER OF CONDUCTING ACQUISITION- Lands and interests in lands within the Six Rivers National Forest Addition may be acquired by the Secretary only by donation, by purchase with donated or appropriated funds, or by exchange.
- (3) SPECIAL RULE FOR FEDERAL TRANSFERS- For purposes of making an exchange under paragraph (2), excess or surplus lands under the jurisdiction of any other department, agency, or instrumentality of the United States may be transferred, subject to the advance approval of the transfer by law, to the administrative jurisdiction of the Secretary if the Secretary identifies the lands as suitable for use in making an exchange. To facilitate the approval of a transfer of lands under this paragraph, the Secretary shall submit to the Committee on Agriculture and the Committee on Natural Resources of the House of Representatives and to the Committee on Agriculture, Nutrition, and Forestry of the Senate proposed legislation in connection with the proposed transfer. The transfer of lands under this paragraph shall be made without compensation to the transferring department, agency, or instrumentality.
- (4) ACQUISITION OF CERTAIN LANDS OUTSIDE ADDITION- When a tract of land proposed to be acquired is only partly within the Six Rivers National Forest Addition, the Secretary may acquire all or any portion of the land outside of the Six Rivers National Forest Addition to minimize the payment of severance costs. Land acquired outside of the boundaries may be exchanged by the Secretary for non-Federal lands within the boundaries. Land acquired outside of the boundaries of the Six Rivers National Forest Addition under this paragraph and not used for exchange shall be reported to the Administrator of the General Services Administration for disposal under the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.).
- (5) SPECIAL RULE FOR STATE OR LOCAL GOVERNMENT LANDS- Lands and interests in lands within the boundaries of the Six Rivers National Forest Addition that are owned by the State of California or any political subdivision thereof, may be acquired only by donation or exchange.
- (6) ACCEPTANCE AND USE OF FUNDS- The Secretary may accept from the State of California funds to cover the cost of acquiring lands within the Six Rivers National Forest Addition. Notwithstanding any other provision of law, the Secretary may retain and expend such funds for purposes of such acquisition. Such funds shall be available for such purpose without further appropriation and without fiscal year limitation.
- (c) LAND ACQUISITION PLAN- The Secretary shall develop and implement, within 6 months after the date of the enactment of this Act, a land acquisition plan that contains specific provisions addressing how and when lands will be acquired under subsection (b). The plan shall give priority first to the acquisition of lands within the Six Rivers National Forest Addition proposed for inclusion in the National Wilderness Preservation System. The plan shall include an analysis of the possibilities for acquisition through means other than the expenditure of funds, including the use of excess and surplus Federal properties. The Secretary shall identify and list these properties. The Secretary shall submit copies of the plan to the Committee on Natural Resources, the Committee on Agriculture, and the Committee on Appropriations of the House of Representatives and to the Committee on Energy and Natural Resources, the Committee on Agriculture, Nutrition, and Forestry, and the Committee on Appropriations of the Senate.
- (d) AUTHORIZATION OF APPROPRIATIONS; LIMITATION- There are authorized to be appropriated such sums as may be necessary to carry out this Act; except that the total amount obligated or expended to acquire lands or interests in lands in the Six Rivers Forest Addition shall not exceed $200,000,000.
- (e) TERMINATION OF ACQUISITION AUTHORITY- Notwithstanding any other provision of this section, the Secretary may not acquire lands under the authority of this section after the end of the 10-year period beginning on the date of the enactment of this Act.
- (f) CONSENT OF OWNER REQUIRED FOR ACQUISITION- Lands and interests in lands within the Six Rivers National Forest Addition may not be acquired by the Secretary for purposes of this Act without the consent of the owner of the lands. The Secretary may not acquire lands or interests in lands within the Six Rivers National Forest Addition by condemnation.
SEC. 4. WILDERNESS AREAS.
- (a) DESIGNATION- In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131-1136), lands in the State of California acquired under section 3 of this Act which are within the areas generally depicted on the map referred to in section 3 as the ‘Headwaters Forest Wilderness (Proposed)’ shall be designated as wilderness and therefore as a component of the National Wilderness Preservation System, effective upon acquisition under section 3. Such lands shall be known as the Headwaters Forest Wilderness.
- (b) MAP AND DESCRIPTION- As soon as practicable after the inclusion of any lands in the Headwaters Forest Wilderness, the Secretary shall file a map and a legal description of the area so included with the Committee on Natural Resources of the House of Representatives and with the Committee on Energy and Natural Resources of the Senate. The Secretary may correct clerical and typographical errors in such legal description and such map. Each such map and legal description shall be on file and available for public inspection in the offices of the Forest Supervisor, Six Rivers National Forest, and in the offices of the Chief of the Forest Service, Department of Agriculture.
- (c) BUFFER ZONES NOT INTENDED- The Congress does not intend that designation of any area as wilderness under this section lead to the creation of protective perimeters or buffer zones around the wilderness area. The fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness shall not, of itself, preclude such activities or uses up to the boundary of the wilderness area.
- (d) STATE AUTHORITY OVER FISH AND WILDLIFE- As provided in section 4(d)(8) of the Wilderness Act, nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the State of California with respect to wildlife and fish in any areas designated by this Act as wilderness.
SEC. 5. ADMINISTRATION.
- (a) MANAGEMENT PLAN- Within 1 year after acquiring all or part of the lands identified to be acquired in section 3, the Secretary shall develop a comprehensive management plan for the acquired lands detailing measures for the preservation of the existing old growth redwood ecosystems. The management plan shall include each of the following with respect to the lands so acquired:
- (1) Prohibition of the sale of timber from lands within the old growth redwood groves as depicted generally on the map referred to in section 3(b)(1). Timber sales in other areas within the Six Rivers National Forest Addition shall be allowed consistent with the purposes of this Act and other applicable Federal laws and regulations.
- (2) Measures to restore lands affected by previous timber harvests to mitigate watershed degradation and impairment of habitat for the marbled murrelet, northern spotted owl, native salmon stocks, and other old-growth forest dependent species.
- The management plan shall be reviewed and revised each time the land and resource management plan for the Six Rivers National Forest is revised or more frequently as necessary to meet the purposes of this Act.
- (b) APPLICABLE LAWS AND POLICIES- (1) The Secretary, acting through the Chief of the Forest Service, shall administer the lands acquired under section 3(b) in accordance with the Management Plan, this Act, and with the other laws, rules, and regulations applicable to such national forest. In addition, subject to valid existing rights, any lands acquired and designated as wilderness under section 4(a) shall also be administered in accordance with the provisions of the Wilderness Act governing areas designated by that Act as wilderness, except that any reference in such provisions to the effective date of the Wilderness Act (or any similar reference) shall be deemed to be a reference to the date of acquisition of such lands under section 3 of this Act.
- (2) To the maximum extent practicable, all work to implement the management plan’s Restoration Measures shall be performed by unemployed forest and timber workers, unemployed commercial fishermen, or other unemployed persons whose livelihood depends on fishery and timber resources.
- (3) In order to facilitate management, the Secretary, acting through the Chief of the Forest Service may enter into agreements with the State of California for the management of lands owned by the State or purchased with State assistance.
SEC. 6. PAYMENTS TO LOCAL GOVERNMENT.
- (a) PILT- Solely for purposes of payments made pursuant to chapter 69 of title 31 of the United States Code, all lands added to the Six Rivers National Forest by this Act shall be deemed to have been acquired for the purposes specified in section 6904(a) of such title 31.
- (b) 10-YEAR PAYMENT- (1) Subject to annual appropriations and the provisions of subsection (c), for a period of 10 years after acquisition by the United States of lands added to the Six Rivers National Forest by this Act, the Secretary, with respect to such acquired lands, shall make annual payments to Humboldt County in the State of California in an amount equal to the State of California Timber Yield Tax revenues payable under the California Revenue and Taxation Code (sec. 38101 et seq.) in effect as of the date of enactment of this Act that would have been paid with respect to such lands if the lands had not been acquired by the United States, as determined by the Secretary pursuant to this subsection.
- (2) The Secretary shall determine the amounts to be paid pursuant to paragraph (1) of this subsection based on an assessment of a variety of factors including, but not limited to--
- (A) timber actually sold in the subject year from comparable commercial forest lands of similar soil type, slope and such determination of appropriate timber harvest levels,
- (B) comparable timber size class, age, and quality,
- (C) market conditions,
- (D) all applicable Federal, State, and local laws and regulations, and
- (E) the goal of sustainable, even-flow harvest or renewable timber resources.
- (c) CALIFORNIA TIMBER YIELD TAX- The amount of State of California Timber Yield Tax payments paid to Humboldt County in any year pursuant to the laws of California for timber sold from lands acquired under this Act shall be deducted from the sums to be paid to Humboldt County in that year under subsection (b).
- (d) 25-PERCENT FUND- Amounts paid under subsection (b) with respect to any land in any year shall be reduced by any amounts paid under the Act of May 23, 1908 (16 U.S.C. 500) which are attributable to sales from the same lands in that year.
SEC. 7. FOREST STUDY.
- The Secretary shall study the lands within the area comprising approximately 13,620 acres and generally depicted as ‘Study Area’ on the map referred to in section 3(a). The study shall analyze the area’s potential to be added to the Headwaters Forest and shall identify the natural resources of the area including the location of old growth forests, old growth redwood stands, threatened and endangered species habitat and populations including the northern spotted owl and marbled murrelet, commercial timber volume, recreational opportunities, wildlife and fish, watershed management, and the cost of acquiring the land. Within one year of the date of enactment of this Act, the Secretary shall submit a report with the findings of the study to the Committees on Natural Resources, and Agriculture of the United States House of Representatives and the Committees on Energy and Natural Resources, and Agriculture, Nutrition, and Forestry of the United States Senate.
SEC. 8. NO ADVERSE EFFECT ON LANDS UNTIL ACQUIRED.
- (a) IN GENERAL- Until the lands in the Six River National Forest Addition are acquired under section 3, the owners of the lands and their designees shall be entitled to the full and lawful use and enjoyment of the lands. Nothing in this Act may be--
- (1) construed to impose any limitations upon any otherwise lawful use of the lands by the owners of the lands or their designees;
- (2) construed as authority to defer the submission, review, approval, or implementation of any timber harvest or similar plan with respect to any portion of the lands; or
- (3) construed to grant a cause of action against the owner of the lands or their designees.
- (b) VOLUNTARY DEFERMENT OF USE- The owners of lands described in section 3 or their designees may agree of their own accord to defer some or all lawful enjoyment and use of the land for a certain period of time.
SEC. 9. SEARCH AND RESCUE OPERATIONS IN SIX RIVERS NATIONAL FOREST.
- As provided in section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)), mechanical transport (including motor vehicles, motorized equipment, and the landing of fixed-wing and rotary aircraft) shall be permitted anywhere within the boundaries of the Six Rivers National Forest with respect to any emergency involving the health or safety of an individual within the national forests.
SEC. 10. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.
- (a) SENSE OF CONGRESS- It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Act should be American-made.
- (b) NOTICE REQUIREMENT- In providing payments under section 6 or other financial assistance to, or entering into any contract with, any entity using funds made available under this Act, the Secretary, to the greatest extent practicable, shall provide to such entity a notice describing the statement made in subsection (a) by the Congress.
Passed the House of Representatives September 21, 1994.
DONNALD K. ANDERSON,
- HR. 2866 RFS----2