| HR 2077 IH 105th CONGRESS
1st Session
H. R. 2077
To establish a National Forest Preserve consisting of certain Federal lands in the
Sequoia National Forest in the State of California to protect and preserve remaining Giant
Sequoia ecosystems and to provide increased recreational opportunities in connection with
such ecosystems.
IN THE HOUSE OF REPRESENTATIVES
June 26, 1997
Mr. BROWN of California (for himself, Mr. GUTIERREZ, Mrs. MALONEY of New York, Mr.
FILNER, Ms. CHRISTIAN-GREEN, Mr. CLAY, Mr. DELLUMS, Mr. OLVER, Mrs. TAUSCHER, and Mr.
ACKERMAN) introduced the following bill; which was referred to the Committee on Resources
A BILL
To establish a National Forest Preserve consisting of certain Federal lands in the
Sequoia National Forest in the State of California to protect and preserve remaining Giant
Sequoia ecosystems and to provide increased recreational opportunities in connection with
such ecosystems.
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Sequoia Ecosystem and Recreation
Preserve Act of 1997'.
SEC. 2. FINDINGS.
(1) Giant Sequoia trees (Sequoiadendron giganteum) are the largest of all living things
and the most majestic trees on earth. Without any help or hindrance from humans, Giant
Sequoia have lived up to 3200 years and attained a height of 275 feet, a diameter of 38
feet, a circumference of 120 feet, and a weight of over 12,000,000 pounds. The largest
tree currently in the National Forest System is located in the Sequoia National Forest,
the Boole Tree, a Giant Sequoia that stands 269 feet high and has a diameter of 29 feet.
(4) The ancient forests of the Sequoia National Forest provide outstanding and unique
recreational opportunities for the people of the United States. Of those units of the
National Forest System located in the Sierra Nevada range, the Sequoia National Forest is
located closest to Los Angeles and the burgeoning population in the Central Valley.
SEC. 3. DEFINITIONS.
SEC. 4. EXPANSION AND ESTABLISHMENT OF WILDERNESS AREAS IN SEQUOIA AND INYO NATIONAL
FORESTS.
In furtherance of the purpose of the Wilderness Act (16 U.S.C. 1131 et seq.), and the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the following
lands in the State of California, as generally depicted on the maps referenced in this
section, are hereby designated as wilderness areas and shall be administered as components
of the National Wilderness Preservation System:
(1) Certain lands in the Sequoia National Forest and the Inyo National Forest, which
comprise approximately 20,800 acres, as generally depicted on a map entitled `Golden Trout
Wilderness Additions--Proposed', and which are hereby incorporated in, and which shall be
deemed to be part of, the Golden Trout Wilderness designated by section 2(b) of Public Law
95-237 (92 Stat. 41).
(2) Certain lands in the Sequoia National Forest, which comprise approximately 28,540
acres, as generally depicted on a map entitled `Golden Trout Wilderness
Additions--Proposed 2', and which are hereby incorporated in, and which shall be deemed to
be part of, the Golden Trout Wilderness designated by section 2(b) of Public Law 95-237
(92 Stat. 41).
(3) Certain lands in the Sequoia National Forest, which comprise approximately 12,071
acres, as generally depicted on a map entitled `Domeland Wilderness Additions--Proposed',
and which are hereby incorporated in, and which shall be deemed to be part of, the
Domeland Wilderness originally designated by section 3 of Public Law 88-577 (78 Stat.
891).
(4) Certain lands in the Sequoia National Forest, which comprise approximately 39,398
acres, as generally depicted on a map entitled `Bright Star Wilderness--Proposed', and
which are hereby incorporated in, and which shall be deemed to be part of, the Bright Star
Wilderness designated by section 102(6) of Public Law 103-433 (108 Stat. 4473).
(5) Certain lands in the Sequoia National Forest, which comprise approximately 56,630
acres, as generally depicted on a map entitled `Golden Trout Wilderness
Additions--Proposed 3', and which are hereby incorporated in, and which shall be deemed to
be part of, the Golden Trout Wilderness designated by section 2(b) of Public Law 95-237
(92 Stat. 41).
(6) Certain lands in the Sequoia National Forest, which comprise approximately 12,531
acres, as generally depicted on a map entitled `Slate Mountain Wilderness Area--Proposed',
and shall be known as the Slate Mountain Wilderness.
SEC. 5. ESTABLISHMENT OF GIANT SEQUOIA NATIONAL FOREST PRESERVE.
(a) ESTABLISHMENT- There is hereby established the Giant Sequoia National Forest
Preserve, consisting of certain federally owned lands within the Sequoia National Forest
in the State of California. The Preserve shall comprise approximately 340,835 acres as
generally depicted on the map entitled, `Giant Sequoia National Forest Preserve, 1995',
dated XXXXXX and numbered XXXXXX. Federal lands included in the Preserve are
dedicated in perpetuity for the preservation and restoration of natural processes and the
promotion of recreational activity, scientific study, and other similar purposes as
specified in this Act.
(b) UNIT OF NATIONAL FOREST SYSTEM- The Secretary, acting through the Forest Service,
shall administer the Preserve as a separate unit within the National Forest System in
accordance with the purposes and provisions of this Act.
(c) MAP AND LEGAL DESCRIPTION- Not later than six months after the date of the
enactment of this Act, the Secretary shall file a map and a legal description of the
Preserve with the Committee on Resources and the Committee on Agriculture of the House of
Representatives and with the Committee on Energy and Natural Resources and the Committee
on Agriculture, Forestry, and Nutrition of the Senate. Such map and description shall have
the same force and effect as if included in this Act. The Secretary may correct clerical
and typographical errors in the map and description.
(d) AVAILABILITY OF MAP- The map and legal description prepared pursuant to subsection
(c) shall be made available for public inspection in the office of the Forest Supervisor,
Sequoia National Forest, in the office of the Regional Forester, United States Forest
Service, Region 5, in the office of the Superintendent, Sequoia National Park, in the
office of the Director, National Park Service, Department of the Interior and in the
office of the Chief of the Forest Service, Department of Agriculture.
SEC. 6. PURPOSES OF PRESERVE.
(a) IN GENERAL- It is the purpose of this Act not only to protect and maintain the
groves of Giant Sequoias in the Preserve, their supporting ecosystems, and associated
forests, but also to preserve the natural state and processes that have created and
maintained these forests for millennia.
(b) SPECIFIC PURPOSES- Subject to subsection (c), the Preserve is established for the
purposes of--
(5) providing optimum water quality, air quality, soil quality, and scenic quality in
the Preserve, consistent with other Federal and State laws; and
(6) providing increased opportunities for recreation, including hiking, horseback
riding, camping, use of off-highway vehicles, crosscountry skiing, and nature studies,
consistent with the purposes specified in the preceding paragraphs.
(c) PROHIBITIONS- Regardless of the specific mention of an authorized activity in this
Act, the Secretary shall not permit an activity to continue or to be initiated in the
Preserve if the Secretary determines that the activity will, over time, degrade the health
or cause the ultimate destruction of the Giant Sequoia ecosystem or other ecosystems in
the Preserve. No portion of the Preserve shall be within the timber base or used in a
calculation or basis for a sustained yield of timber.
SEC. 7. PRESERVE SCIENTIFIC ADVISORY TEAM.
(a) ESTABLISHMENT- The Secretary shall appoint a Scientific Advisory Team for the
Preserve consisting of at least 9 physical and biological scientists from such fields as
Sequoia ecology, hydrology, wildlife biology, landscape ecology, conservation biology,
soil science, geology, and wildfire behavior. Not more than 3 members of the Scientific
Advisory Team may be current or retired employees of the Forest Service.
(b) ROLE IN PREPARATION OF PRESERVE MANAGEMENT PLAN- The Scientific Advisory Team shall
give advice and guidance to the Forest Service during preparation of the management plan,
assist with the study of data regarding the Preserve, review and make recommendations on
reports developed in connection with the Preserve, and perform other duties as requested
by the Secretary. The Scientific Advisory Team shall target its efforts toward assuring
that the management plan is consistent with the overall purposes of this Act and with the
best and most current scientific knowledge and research.
(c) ROLE IN PREPARATION OF LAND CONDITION SURVEYS AND REPORTS- The Scientific Advisory
Team shall advise the Forest Service in compiling informational reports, which shall
include surveys of the condition of lands within the Preserve and which will be used in
preparing the management plan. The Forest Service shall complete the surveys within one
year after the date of the enactment of this Act. These surveys and reports shall address
the following issues:
(3) PREVIOUSLY LOGGED AREAS- Compilation of information and a report on previously
logged areas focusing on species mix, age, and arrangement. The Scientific Advisory Team
shall make recommendations for management strategies which will result in the eventual
restoration of these lands to a natural state. Certain areas where logging has occurred in
both recent and historical times may be recommended to remain unrestored and designated as
historic sites, interpretive areas, or for scientific purposes.
(d) INTERAGENCY COOPERATION AND COORDINATION- The Scientific Advisory Team shall
cooperate with other agencies that are engaged in managing Sequoia ecosystems in order to
facilitate interagency cooperation, sharing of scientific information and data, and to
maximize usefulness of past, present, and future research.
(e) TEAM FINDINGS- The Scientific Advisory Team shall not be required to reach
consensus regarding its findings on any issue, but the Scientific Advisory Team should
furnish comments, recommendations, and findings in a format which will allow for a
majority as well as dissenting opinions.
(f) PUBLIC ACCESS TO INFORMATION- All information developed for and by the Scientific
Advisory Team and the Forest Service under this section, including minutes, summaries,
memos, majority recommendations, and dissenting opinions, shall be retained at the office
of the Forest Supervisor, Sequoia National Forest, and shall be readily available to the
public.
(g) FUTURE ACTIVITIES OF TEAM- After the final management plan has been published and
any administrative appeals have completed the appeal process, the Scientific Advisory Team
shall remain available for peer review of proposed projects, monitoring, and such other
duties that the Secretary may request.
(h) COMPENSATION- Members of the Scientific Advisory Team shall serve without
compensation, except that the Secretary may reimburse members of the Scientific Advisory
Team for their direct costs of participating in the activities of the Scientific Advisory
Team.
SEC. 8. MANAGEMENT PLAN.
(a) PREPARATION- Not later than five years after the date of the enactment of this Act,
the Secretary shall publish as a freestanding document a final management plan for the
Preserve that shall include at least the following:
(1) The measures, standards, and guidelines needed to protect, restore, and enhance the
natural and scientific values of the Preserve and recreational resources of the Preserve.
(b) INTERIM MANAGEMENT- Pending the completion of the management plan, the Secretary
shall manage the Preserve in a manner consistent with the purposes and provisions of this
Act. The Secretary shall buy out any timber contracts in existence on the date of the
enactment of this Act that authorize harvesting in the Preserve. Between the date of the
enactment of this Act and the date the management plan is final, the Secretary shall
approve or initiate only those interim management activities that are consistent with the
purposes of this Act.
(c) ADMINISTRATIVE APPEALS- The management plan and all of the notices of decision,
decision notices, and decision memos for the management plan and for projects implementing
the management plan shall be subject to administrative appeal as provided by law.
(d) PUBLIC SAFETY- Nothing in this Act shall be construed to prohibit the Secretary
from undertaking or permitting those activities in the Preserve that the Secretary
considers necessary to ensure public safety and prevent loss of life and property.
SEC. 9. DESIGNATION OF ANCIENT FOREST RESERVES.
(a) DESIGNATION- As part of the management plan, the Secretary shall designate and map
the ancient forest reserves.
(b) SPECIFIED ANCIENT FOREST RESERVES- Lands designated as ancient forest reserves
shall include at least the following: The Freeman Creek watershed, the McIntyre Complex
Groves, the Moses Roadless Area, the Slate Mountain Roadless Area, the Rincon Roadless
Area, Deer Meadow, and the Agnew and Kennedy Sequoia Groves.
(c) SUBSEQUENT DESIGNATIONS- Additional areas may be designated as ancient forest
reserves after the completion of the management plan by amending the management plan. Such
additions shall be based on public input and scientific recommendations.
SEC. 10. PRESERVE TRANSPORTATION AND ACCESS.
(a) IN GENERAL- The management plan shall include a comprehensive transportation plan
for the Preserve. In order to protect the natural features of the Preserve, reduce
conflicts among users of the Preserve, and ensure visitor safety, the Secretary may
regulate and control the times and means of access and use of the Preserve.
(1) NEW CONSTRUCTION PROHIBITED- Except for short connecting sections to make loop
roads or to provide access to campgrounds or for other purposes consistent with this Act,
no new road construction shall occur within the Preserve. No exceptions under the
preceding sentence shall be made in the case of ancient forest reserves and wilderness
areas within the Preserve.
roads are permanent, temporary, or de facto, and all compacted areas, such as landings
and turnouts. These roads and compacted areas shall be inventoried and categorized into
one of the following categories:
(A) Existing roads and compacted areas which should form the permanent road system for
the Preserve and are consistent with the purposes of this Act. This category may include
projections for future needs such as new campgrounds, interpretive and study centers, and
parking sites.
(E) Existing roads and compacted areas which could be used in conjunction with the
official trail system for recreation, including snowmobile, cross-country skiing,
recreational stock, hiking, and interpretive trails and areas suitable for use by the
disabled, including the use of motorized wheelchairs.
(1) IDENTIFICATION OF TRAILS- The transportation plan shall include a trail plan for
the Preserve that inventories and maps all trails on the 1956 USGS maps, the 1966 Sequoia
National Forest Recreation Map, historical trails, and trails indicated by public input
whether or not they have been assigned a Forest Service trail number. These trails shall
become the official trail network for the Preserve.
(2) TRAIL LIMITATIONS- In the trail plan, the Secretary shall determine which trails
will be limited to nonmotorized, nonmechanized recreation, such as by horseback and
hiking, and which trails will allow mechanized recreation of various types, such as by
mountain bike and all-terrain vehicles. The Secretary shall base such determinations on
sensitivity of the site, potential for user conflicts, and public input. There shall be no
use of motor vehicles on trails in ancient forest reserves. The trail plan shall include
provisions to ensure adequate and appropriate recreational trail opportunities for
disabled individuals.
(d) EMERGENCY AND SCIENTIFIC ACCESS- Nothing in this section shall be construed to
prohibit the use of motorized vehicles or aircraft for emergency and other essential
administrative services, including those services provided by State and local governments,
or for authorized scientific research when the use of motorized vehicles or aircraft is a
necessary part of such research.
SEC. 11. RECREATIONAL FACILITIES.
(a) EXISTING CAMPGROUNDS- All campgrounds in the Preserve on the date of the enactment
of this Act, including campgrounds within grove boundaries or ancient forest reserves, may
remain in place subject to evaluation by the Secretary.
(b) EXPANSION- The Secretary shall provide new camping opportunities in the Preserve in
the form of both developed and primitive sites. The Secretary shall identify the potential
locations of new campgrounds in the transportation plan prepared under section 10. Such
campgrounds shall be constructed outside of ancient forest reserves in locations where
they will cause the least resource damage.
(c) PRIMITIVE CAMPING- Primitive camping shall be allowed throughout the Preserve,
except that the Secretary may control the use of certain areas based on usage and resource
conditions.
(d) STOCK CAMPGROUNDS- In addition to overnight camping facilities for stock use in
existence on the date of the enactment of this Act, additional horse and other
recreational stockcamping opportunities shall be developed, including potable and stock
water supplies and holding corrals throughout the Preserve. All new construction shall be
outside of groves and ancient forest reserves and shall be in areas which will cause the
least resource damage and in areas which shall have access to the Preserve trail network.
Potential sites shall be considered in the transportation plan.
(e) OTHER RECREATIONAL FACILITIES- The management plan shall address sites for further
study for recreational facilities, such as interpretive facilities, disabled accessible
areas, trailheads, picnic and day-use facilities, parking areas, scenic lookouts, and
campgrounds. These potential areas shall be identified and coordinated with the
transportation plan.
SEC. 12. EFFECT OF PRESERVE ON ACTIVITIES PREVIOUSLY CONDUCTED IN AREA COVERED BY
PRESERVE.
(a) HUNTING AND FISHING- Regulations regarding hunting and fishing in the Preserve
shall continue to be under the jurisdiction of the California Department of Fish and Game.
If hunting and fishing activities adversely affect the Preserve, the Secretary shall
submit recommendations to the California Department of Fish and Game regarding changes in
such regulations.
(b) FIREWOOD COLLECTION- The Secretary shall manage firewood collection based on need
and resource protection, except that the Secretary shall prohibit firewood collection in
areas where such collection harms the resources of the Preserve.
(c) MINERAL AND GEOTHERMAL LEASING- No patent may be issued under the mining or
geothermal laws of the United States after the date of the enactment of this Act on
Federal lands in the Preserve, even if the location and claim was made before such date.
Federal lands
in the Preserve are hereby withdrawn from all forms of locations, entry, and patent
under the United States mining laws, and from the operation of the mineral leasing laws of
the United States, including all laws pertaining to geothermal leasing.
(d) GRAZING- Nothing in this Act shall be construed to prohibit or regulate
recreational or commercial grazing. Grazing in the Preserve shall continue to be regulated
by the Forest Service.
SEC. 13. EFFECT OF PRESERVE ON OTHER PUBLIC OR PRIVATE INTERESTS.
(a) STATE AND LOCAL LANDS- Nothing in this Act shall be construed to affect
State-owned, county-owned, or municipally-owned land located partially or wholly within
the boundaries of the Preserve.
(b) PRIVATELY OWNED LANDS- Nothing in this Act shall be construed to affect the use or
ownership of private land located partially or wholly within the boundaries of the
Preserve on the date of enactment of this Act. Any action of the Secretary to buy or trade
for privately held lands for inclusion in the Preserve shall require the voluntary
agreement of the private seller.
(c) SPECIAL-USE PERMITS- Nothing in this Act shall be construed to affect Forest
Service special-use permits or leases in effect at the time of the enactment of this Act.
(d) LEASED PRIVATE HOMES AND CAMPS- All homes and camps with valid leases in the
Preserve on the date of the enactment of this Act, and which are otherwise in compliance
with the terms of the leases, shall continue and may be renewed. Existing special use
permits and leases for homes and camps within the boundaries of the Preserve are hereby
deemed to be consistent with the purposes of this Act. Nothing in this Act shall be
construed to affect the renewal of such permits and leases.
SEC. 14. WATER RIGHTS.
(a) RESERVATION OF RIGHT- The Congress hereby reserves a quantity of water sufficient
to fulfill the purposes of this Act. The priority date of such reserved water rights shall
be the date of enactment of this Act.
(b) PROTECTION OF RIGHT- The Secretary and all other officers of the United States
shall take all steps necessary to protect the rights reserved by this section, including
the filing by the Secretary of a claim for the quantification of such rights in any
present or future appropriate stream adjudication in the courts of the State of California
in which the United States is or may be joined and which is conducted in accordance with
section 208 of the Act of July 10, 1952 (66 Stat. 560, 43 U.S.C. 666; commonly referred to
as the `McCarran Amendment').
(c) PRESERVATION OF PRIOR RIGHTS- Nothing in this Act shall be construed as a
relinquishment or reduction of any water rights reserved or appropriated by the United
States in the State of California on or before the date of enactment of this Act.
(d) RULE OF CONSTRUCTION- The Federal water rights reserved by this Act are specific to
the Preserve. Nothing in this Act related to the reserved Federal water rights shall be
construed as establishing a precedent with regard to any future designation, nor shall it
constitute an interpretation of any other Act or any designation made pursuant thereto.
SEC. 15. PAYMENTS TO LOCAL GOVERNMENTS.
(a) SECTION SUPERSEDES OTHER PAYMENT PROVISIONS- Payments under this section shall be
made in lieu of payments under the Act of May 23, 1908 (16 U.S.C. 500) and chapter 69 of
title 31 of the United States Code in connection with Federal lands included in the
Preserve.
(b) PAYMENTS REQUIRED- The Secretary shall make payments under this section each fiscal
year to the local government of each political subdivision whose boundaries include
Federal lands in the Preserve if such local government would have received real property
tax revenues had such lands been privately rather than publicly held. In the case of the
fiscal year of the enactment of this Act, the Secretary shall pro rate the payment that
would otherwise be made under this section.
(c) AMOUNT OF PAYMENT- The amount of the payment to be made to a local government under
this section shall be equal to the amount of the real property tax which would be due to
the local government with respect to Federal lands in the Preserve in the fiscal year
concerned had such lands been privately rather than publicly held and used for timber
production in the State of California. For purposes of this section, the amount of the
required payment be referred to as the `tax-equivalency amount'.
(d) DETERMINATION OF TAX-EQUIVALENCY AMOUNT- For each fiscal year, the Secretary, after
consultation with the Comptroller General, shall determine a proposed tax-equivalency
amount for all Federal lands in the Preserve. Upon determining the proposed
tax-equivalency amount for any political subdivision, the Secretary shall notify the local
government concerned. If the local government notifies the Secretary that the local
government accepts the Secretary's estimate, the Secretary shall promptly make such
payment to the local government.
(e) DISPUTES- If a local government objects to the Secretary's estimate of the
tax-equivalency amount
proposed to be paid by the Secretary under this section for any fiscal year, the local
government shall notify the Secretary in writing of the amount which the local government
estimates to be the correct tax-equivalency amount. Upon receipt of such notice, the
Secretary shall appoint an arbiter. The local government shall also appoint an arbiter.
The two arbiters shall jointly appoint a third arbiter. The three arbiters shall comprise
an arbitration panel which shall determine the tax-equivalency amount to be paid under
this section to the local government. The determination of the arbitration panel shall be
binding on the Secretary and the local government and shall not be subject to judicial
review, except as provided in sections 10 and 11 of title 9, United States Code.
(f) COSTS OF ARBITRATION- The costs of any arbitration under subsection (e) shall be
paid by the Secretary, except that if the tax-equivalency amount determined by the
arbitration panel is closer to the amount specified by the Secretary than to the amount
estimated by the local government, the costs of the arbitration shall be deducted from the
tax-equivalency amount paid to the local government.
(g) ACCOUNTING- As a condition for receiving the tax-equivalency amount, the local
government shall agree to provide an annual accounting to the Secretary of all purposes
for which the tax-equivalency amount is used and the amount used for each purpose.
SEC. 16. COMMUNITY ASSISTANCE TASK FORCE.
(a) ESTABLISHMENT- The Secretary shall establish a Community Assistance Task Force to
oversee the provision of assistance to communities and workers in political subdivisions
whose boundaries include Federal lands in the Preserve or contain facilities that milled
timber from lands included in the Preserve during any portion of the five-year period
ending on the date of the enactment of this Act.
(b) COMMUNITY REQUESTS FOR ASSISTANCE- Any community described in subsection (a) that
is adversely affected by loss of Federal timber sales as a result of this Act may request
assistance from the Task Force. The Task Force shall verify the stated need for the
assistance and the purposes for which the assistance will be used.
(c) TYPES OF COMMUNITY ASSISTANCE- The Task Force shall provide assistance (including
technical assistance) for the establishment of local community task forces, retraining
programs for workers, diversification of local economies, and job counseling and job
placement services. Such assistance may be in the form of loans and grants. The Secretary
may authorize the use of facilities, equipment, and personnel of the Department of
Agriculture to provide such assistance.
(d) WORKER REQUESTS FOR ASSISTANCE- Any worker displaced from a job in the timber
industry because of the loss of Federal timber sales as a result of this Act may request
assistance from the Task Force to assist the worker in securing other employment.
(e) DEVELOPMENT OF EMPLOYMENT OPPORTUNITIES- The Task Force shall encourage and develop
employment opportunities in the political subdivisions described in subsection (a) in
forest ecosystem restoration, recreation, and other forms of employment compatible with
the purposes and provisions of this Act.
(f) TERMINATION- The Task Force shall terminate five years after the date of its
establishment by the Secretary.
SEC. 17. PREPARATION OF BUDGET PROPOSAL FOR PRESERVE.
In preparing the budget proposal for the Preserve for each fiscal year, the Secretary
shall not target any of the budget to any commodity production in the Preserve. The amount
of the budget request shall be proportionate to the funds which the Sequoia National
Forest received before the enactment of this Act.
SEC. 18. AUTHORIZATION OF APPROPRIATIONS.
END
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