HR 2512 IH
106th CONGRESS
1st Session
H. R. 2512
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 lands, to designate certain Federal lands as Ancient
Forests, Roadless Areas, Watershed Protection Areas, and Special Areas where
logging and other intrusive activities are prohibited, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
July 14, 1999
Ms. ESHOO (for herself, Mr. FORBES, Mrs. MALONEY of New York, Mr. ACKERMAN,
Mr. ANDREWS, Ms. BALDWIN, Mr. BARRETT of Wisconsin, Mr. BERMAN, Mr. BLAGOJEVICH,
Mr. BONIOR, Mr. BORSKI, Mr. BOUCHER, Ms. BROWN of Florida, Mr. BROWN of
California, Mr. BROWN of Ohio, Mrs. CAPPS, Mr. CAPUANO, Mr. CARDIN, Ms. CARSON,
Mrs. CHRISTENSEN, Mr. CLAY, Mr. CLEMENT, Mr. CLYBURN, Mr. CONYERS, Mr. CUMMINGS,
Mr. DAVIS of Illinois, Mr. DELAHUNT, Ms. DELAURO, Mr. DIXON, Mr. ENGEL, Mr.
EVANS, Mr. FARR of California, Mr. FILNER, Mr. FRANK of Massachusetts, Mr.
GONZALEZ, Mr. GREEN of Texas, Mr. GUTIERREZ, Mr. HALL of Ohio, Mr. HASTINGS of
Florida, Mr. HINCHEY, Mr. HOEFFEL, Mr. HOLT, Ms. JACKSON-LEE of Texas, Mrs.
JONES of Ohio, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. KENNEDY of Rhode Island,
Ms. KILPATRICK, Mr. KUCINICH, Mr. LAMPSON, Mr. LANTOS, Ms. LEE, Mr. LEWIS of
Georgia, Ms. LOFGREN, Mrs. LOWEY, Mr. LUTHER, Mrs. MCCARTHY of New York, Mr.
MCDERMOTT, Mr. MCGOVERN, Mr. MCNULTY, Mr. MALONEY of Connecticut, Mr. MARKEY,
Mr. MARTINEZ, Mr. MEEHAN, Mrs. MEEK of Florida, Mr. MEEKS of New York, Mr.
MENENDEZ, Ms. MILLENDER-MCDONALD, Mr. GEORGE MILLER of California, Mr. MOAKLEY,
Mr. MORAN of Virginia, Mr. NADLER, Mrs. NAPOLITANO, Mr. NEAL of Massachusetts,
Ms. NORTON, Mr. OLVER, Mr. OWENS, Mr. PALLONE, Ms. PELOSI, Mr. PASCRELL, Mr.
PAYNE, Mr. RANGEL, Ms. RIVERS, Mr. RODRIGUEZ, Mr. ROTHMAN, Ms. ROYBAL-ALLARD,
Mr. RUSH, Mr. SANDERS, Ms. SCHAKOWSKY, Mr. SERRANO, Mr. SHERMAN, Mr. SHAYS, Ms.
SLAUGHTER, Ms. STABENOW, Mr. STARK, Mr. THOMPSON of Mississippi, Mr. TIERNEY,
Mr. TOWNS, Ms. VELAZQUEZ, Mr. VENTO, Mr. WAXMAN, Mr. WEINER, Mr. WEXLER, Ms.
WOOLSEY, and Mr. WYNN) introduced the following bill; which was referred to the
Committee on Agriculture, and in addition to the Committees on Resources, and
Armed Services, 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 lands, to designate certain Federal lands as Ancient
Forests, Roadless Areas, Watershed Protection Areas, and Special Areas where
logging and other intrusive activities are prohibited, and for other
purposes.
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. Purposes and findings.
TITLE I--AMENDMENTS TO EXISTING LAND MANAGEMENT LAWS
Sec. 101. Amendment of Forest and Rangeland Renewable Resources Planning
Act of 1974 relating to National Forest System lands.
Sec. 102. Amendment of Federal Land Policy and Management Act of 1976
relating to the public lands.
Sec. 103. Amendment of National Wildlife Refuge System Administration
Act of 1966 relating to the National Wildlife Refuge System.
Sec. 104. Amendment of title 10, United States Code, relating to forest
management on military lands.
TITLE II--PROTECTION FOR ANCIENT FORESTS, ROADLESS AREAS, WATERSHED
PROTECTION AREAS, AND SPECIAL AREAS
Sec. 201. Definitions and findings.
Sec. 202. Designation of Special Areas.
Sec. 203. Restrictions on management activities in Ancient Forests,
Roadless Areas, Watershed Protection Areas, and Special Areas.
SEC. 2. PURPOSES AND FINDINGS.
(a) PURPOSES- The purposes of this Act are, on all Federal public lands,
to conserve native biodiversity and to protect all native ecosystems against
losses that result from--
(1) clearcutting and other forms of even-age logging; and
(2) logging in Ancient Forests, Roadless Areas, Watershed Protection
Areas, and Special Areas.
(b) FINDINGS- Congress finds the following:
(1) Federal agencies of the United States that engage in even-age
logging practices include the Forest Service of the Department of
Agriculture, the United States Fish and Wildlife Service and Bureau of Land
Management of the Department of the Interior, and the Army, Navy, and Air
Force of the Department of Defense.
(2) Even-age logging causes substantial alterations in native
biodiversity by emphasizing the production of a limited number of commercial
species of trees on each site, generally only one; by manipulating the
vegetation toward greater relative density of such commercial species, by
suppressing competing species, and by planting, on numerous sites, a
commercial strain that was developed to reduce the relative diversity of
genetic strains that previously occurred within the species on the same
sites.
(3) Even-age logging kills immobile species and the very young of mobile
species of wildlife and depletes the habitat of deep-forest species of
animals, including endangered species.
(4) Even-age logging exposes the soil to direct sunlight and the impact
of rains, disrupts the surface, and compacts organic layers. It disrupts the
run-off restraining capabilities of roots and low-lying vegetation, which
results in soil erosion, the leaching out of nutrients, a reduction in the
biological content of the soil, and the impoverishment of the soil.
All
these consequences have a long-range deleterious effect on all land
resources, including timber production.
(5) Even-age logging decreases the capability of the soil to retain
carbon and, during the critical periods of felling and site preparation,
reduces the capacity of the biomass to process and to store carbon, with a
resultant of loss of such carbon to the atmosphere, thereby aggravating
global warming.
(6) Even-age logging renders the soil increasingly sensitive to acid
deposits by causing a decline of soil wood and coarse woody debris, thereby
reducing the capacity of the soil to retain water and nutrients, which
increases soil heat and impairs the soil's ability to maintain protective
carbon compounds on its surface.
(7) Even-age logging results in increased stream sedimentation, the
silting of stream bottoms, a decline in water quality, and the impairment of
life cycles and spawning processes of aquatic life from benthic organisms to
large fish, thereby depleting the sports and commercial fisheries of the
United States.
(8) Even-age logging increases harmful edge effects, including
blowdowns, invasions by weed species, and heavier losses to predators and
competitors.
(9) Even-age logging decreases the land's recreational values, reducing
deep, canopied, variegated, permanent forests, thereby limiting areas where
the public can fulfill an expanding need for recreation. Even-age logging
replaces such forests with a surplus of clearings that grow into relatively
impenetrable thickets of saplings, and then into monoculture tree
plantations.
(10) Human beings depend on native biological resources, including
plants, animals, and micro-organisms, for food, medicine, shelter, and other
important products, and as a source of intellectual and scientific
knowledge, recreation, and aesthetic pleasure.
(11) Alteration of native biodiversity has serious consequences for
human welfare as America irretrievably loses resources for research and
agricultural, medicinal, and industrial development.
(12) Alteration of biodiversity in Federal forests adversely affects the
functions of ecosystems and critical ecosystem processes that moderate
climate, govern nutrient cycles and soil conservation and production,
control pests and diseases, and degrade wastes and pollutants.
(13) The harm of even-age logging to the natural resources of this
Nation and the quality of life of its people are substantial, severe, and
avoidable.
(14) By substituting selection management, as prescribed in this Act,
for the even-age system, the Federal agencies now engaged in even-age
logging would substantially reduce devastation to the environment and would
improve the quality of life of the American people.
(15) By protecting native biodiversity, as prescribed in this Act,
Federal agencies would maintain vital native ecosystems and would improve
the quality of life of the American people.
(16) Selection logging is more job intensive, and therefore provides
more employment than even-age logging to manage the same amount of timber
production, and produces higher quality sawlogs.
(17) The court remedies now 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.
SEC. 3. EFFECTIVE DATE.
(a) IN GENERAL- This Act and the amendments made by this Act shall take
effect on the date of the enactment of this Act.
(b) EFFECT ON EXISTING CONTRACTS- The amendments made by this Act shall
not apply with respect to any contract to sell timber which was awarded on or
before the date of the enactment of this Act.
TITLE I--AMENDMENTS TO EXISTING LAND MANAGEMENT LAWS
SEC. 101. AMENDMENT OF FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING ACT
OF 1974 RELATING TO NATIONAL FOREST SYSTEM LANDS.
(a) CONSERVATION OF NATIVE BIODIVERSITY- Section 6(g)(3)(B) of the Forest
and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1604(g)(3)(B)) is amended to read as follows:
`(B) In each stand and each watershed throughout each forested area, the
Secretary shall provide for the conservation or restoration of native
biodiversity except during the extraction stage of authorized mineral
development or during authorized construction projects, in which events the
Secretary shall conserve native biodiversity to the extent possible;'.
(b) COMMITTEE OF SCIENTISTS- Section 6(h)(1) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(h)(1)) is amended to
read as follows:
`(h) COMMITTEE OF SCIENTISTS- (1) In carrying out the purposes of
subsection (g) of this section, the Secretary shall appoint a committee of
scientists who are not officers or employees of the Forest Service nor of any
other public entity, nor of any entity engaged in whole or in part in the
production of wood or wood products, and have not contracted with or
represented any such entities within a period of 5 years prior to serving on
such committee. 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 assure that an effective
interdisciplinary approach is proposed and adopted. The committee shall
terminate after the expiration of 10 years from the date of the enactment of
this paragraph.'.
(c) RESTRICTION ON USE OF CERTAIN LOGGING PRACTICES- Section 6 of the
Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604)
is amended by adding at the end the following:
`(n) RESTRICTION ON USE OF CERTAIN LOGGING PRACTICES- (1) In each stand
and watershed throughout each forested area, the Secretary shall prohibit any
even-age logging and any even-age management after the date of the enactment
of this subsection.
`(2) On each stand already under even-age management, the Secretary shall
(A) prescribe a shift to selection management, or (B) cease managing for
timber purposes and actively restore the native biodiversity, or permit each
stand to regain its native biodiversity.
`(3) For the purposes of this Act:
`(A) The term `native biodiversity' means the full range of variety and
variability within and among living organisms and the ecological complexes
in which they would have occurred in the absence of significant human
impact, and encompasses diversity within a species (genetic diversity,
species diversity, or age diversity), within a community of species
(within-community diversity), between communities of species
(between-communities), within a total area such as a watershed (total area),
along a plane from ground to sky (vertical), and along the plane of the
earth-surface (horizontal). Vertical and horizontal diversity apply to all
the other aspects of diversity.
`(B) The terms `conserve' and `conservation' refer to protective
measures for maintaining existing 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 possible in abundances and distributions that provide for
their continued existence and normal functioning, including the viability of
populations throughout their natural geographic distributions.
`(C) The term `within-community diversity' means the distinctive
assemblages of species and ecological processes that occur in different
physical settings of the biosphere and distinct parts of the world.
`(D) The term `genetic diversity' means the differences in genetic
composition within and among populations of a given species.
`(E) The term `species diversity' means the richness and variety of
native species in a particular location of the world.
`(F) The term `age diversity' means the naturally occurring range and
distribution of age classes within a given species.
`(G) SELECTION MANAGEMENT- (i) The term `selection management' means a
method of logging that emphasizes the periodic removal of trees, including
mature, undesirable, and cull trees in a manner that insures--
`(I) the maintenance of continuous high forest cover where such cover
naturally occurs,
`(II) the maintenance or natural regeneration of all native species in
a stand, and
`(III) the growth and development of trees through a range of diameter
or age classes to provide a sustained yield of forest products.
`(ii) Cutting methods that develop and maintain selection stands
are--
`(I) individual-tree selection, in which individual trees of varying
size and age classes are selected and logged in a generally uniform
pattern throughout a stand, and
`(II) group selection, in which small groups of trees are selected and
logged.
`(iii) The application of individual-tree selection, group selection, or
any other method consistent with selection management shall under no
event--
`(I) create a clearing or opening that exceeds in width in any
direction the height of the tallest tree standing within 10 feet outside
the edge of the clearing or opening,
`(II) create a stand where the majority of trees are within 10 years
of the same age, or
`(III) cut or remove more than 20 percent of the basal area of a stand
within 30 years.
`The foregoing limitation shall not be deemed to establish a 150-year
projected felling age as the standard at which individual trees in a stand
are to be cut, nor shall native biodiversity be limited to that which occurs
within the context of a 150-year projected felling age.
`(H) the term `stand' means a biological community with enough identity
by location, topography, or dominant species to be managed as a unit, not to
exceed 100 acres.
`(I) EVEN-AGE LOGGING AND EVEN-AGE MANAGEMENT- (i) The terms `even-age
logging' and `even-age management' mean any logging activity which--
`(I) creates a clearing or opening that exceeds in width in any
direction the height of the tallest tree standing within 10 feet outside
the edge of the clearing or opening,
`(II) creates a stand where the majority of trees are within 10 years
of the same age, or
`(III) cuts or removes more than 20 percent of the basal area of a
stand within 30 years.
`(ii) Even-age logging and even-age management include the application
of clearcutting, seed-tree cutting, shelterwood cutting, or any other
logging method in a manner inconsistent with selection management.
`(J) The term `clearcutting' means an even-age logging operation that
removes all of the trees over a considerable area of a stand at one
time.
`(K) 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) The term `shelterwood cut' means an even-age logging operation that
leaves a minority (larger than in a seed-tree cut) of the stand as a seed
source or protection cover remaining standing for any period of time.
`(M) The term `timber purposes' includes the use, sale, lease, or
distribution of trees, or the felling of trees or portions of trees.
`(N) 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.
`(O) The term `non-native invasive tree species' means any tree species
not native to North America, including the following trees:
`(i) Australian pine (Casuarina equisetifolia).
`(ii) Brazilian pepper (Schinus terebinthifolius).
`(iii) Common buckthorn (Rhamnus cathartica).
`(iv) Glossy buckthorn (Rhamnus frangula).
`(v) Melaleuca (Melaleuca quinquenervia).
`(vi) Norway maple (Acer platanoides).
`(vii) Princess tree (Paulownia tomentosa).
`(viii) Salt cedar (Tamarix species).
`(ix) Silk tree (Albizia julibrissin).
`(x) Strawberry guava (Psidium cattleianum).
`(xi) Tree-of-heaven (Ailanthus altissima).
`(xii) Velvet tree (Miconia calvescens).
`(xiii) White poplar (Populus alba).
`(4) Non-native invasive tree species are exempt from the restrictions and
limitations on even-age management and even-age logging and are not to be
included in the calculations of basal area in this section.
`(5)(A)(i) The purpose of this paragraph is to foster the widest possible
enforcement of subsection (g)(3)(B) and this subsection.
`(ii) Congress finds that all people of the United States are injured by
actions on lands to which subsection (g)(3)(B) and this subsection apply.
`(B) The provisions of subsection (g)(3)(B) and this subsection shall be
enforced by the Secretary of Agriculture and the Attorney General of the
United States against any person who violates either of them.
`(C)(i) Any citizen harmed by a violation of this Act may enforce any
provision of subsection (g)(3)(B) and this subsection by bringing an action
for declaratory judgment, temporary restraining order, injunction, statutory
damages, and other remedies against any alleged violator including the United
States, in any district court of the United States.
`(ii) The court, after determining a violation of either of such
subsections, shall impose a damage award of not less than $5,000, shall issue
one or more injunctions and other equitable relief, and shall award to the
plaintiffs reasonable costs of the litigation, including attorney's fees,
witness fees, and other necessary expenses.
`(iii) The standard of proof in all actions brought under this
subparagraph shall be the preponderance of the evidence and the trial shall be
de novo.
`(D) The damage award authorized by subparagraph (C)(ii) shall be paid by
the violator or violators designated by the court to the U.S. Treasury.
`(E) The damage award shall be paid from the U.S. Treasury, as provided by
Congress under section 1304 of title 31, United States Code, within 40 days
after judgment to the person or persons designated to receive it, to be
applied in protecting or restoring native biodiversity in or adjoining Federal
land. Any award of costs of litigation and any award of attorney fees shall be
paid within 40 days after judgment.
`(F) The United States, including its agents and employees waives its
sovereign immunity in all respects in all actions under subsection (g)(3)(B)
and this subsection. No notice is required to enforce this subsection.'.
(d) REPEAL- Section 6(g)(3)(F) of the Forest and Rangeland Renewable
Resource Planning Act of 1974 (16 U.S.C. 1604(g)(3)(F)) is hereby repealed.
SEC. 102. AMENDMENT OF FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976
RELATING TO THE PUBLIC LANDS.
(a) CONSERVATION OF NATIVE BIODIVERSITY- Section 202(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712(c)) is amended--
(1) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10),
respectively; and
(2) by inserting after paragraph (7) the following new paragraph
(8):
`(8) In each stand and each watershed throughout each forested area, the
Secretary shall provide for the conservation or restoration of native
biodiversity except during the extraction stage of authorized mineral
development or during authorized construction projects, in which events the
Secretary shall conserve native biodiversity to the extent possible;'.
(b) RESTRICTION ON USE OF CERTAIN LOGGING PRACTICES- Section 202 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) is amended by
adding at the end the following:
`(g) RESTRICTION ON USE OF CERTAIN LOGGING PRACTICES- (1) In each stand
and watershed throughout each forested area, the Secretary shall prohibit any
even-age logging and any even-age management after the date of the enactment
of this subsection.
`(2) On each stand already under even-age management, the Secretary shall
(A) prescribe a shift to selection management, or (B) cease managing for
timber purposes and actively restore the native biodiversity, or permit each
stand to regain its native biodiversity.
`(3) For the purposes of this Act:
`(A) The term `native biodiversity' means the full range of variety and
variability within and among living organisms and the ecological complexes
in which they would have occurred in the absence of significant human
impact, and encompasses diversity within a species (genetic diversity,
species diversity, or age diversity), within a community of species
(within-community diversity), between communities of species
(between-communities), within a total area such as a watershed (total area),
along a plane from ground to sky (vertical), and along the plane of the
earth-surface (horizontal). Vertical and horizontal diversity apply to all
the other aspects of diversity.
`(B) The terms `conserve' and `conservation' refer to protective
measures for maintaining existing 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 possible in abundances and distributions that provide for
their continued existence and normal functioning, including the viability of
populations throughout their natural geographic distributions.
`(C) The term `within-community diversity' means the distinctive
assemblages of species and ecological processes that occur indifferent
physical settings of the biosphere and distinct parts of the world.
`(D) The term `genetic diversity' means the differences in genetic
composition within and among populations of a given species.
`(E) The term `species diversity' means the richness and variety of
native species in a particular location of the world.
`(F) The term `age diversity' means the naturally occurring range and
distribution of age classes within a given species.
`(G) SELECTION MANAGEMENT- (i) The term `selection management' means a
method of logging that emphasizes the periodic removal of trees, including
mature, undesirable, and cull trees in a manner that insures--
`(I) the maintenance of continuous high forest cover where such cover
naturally occurs;
`(II) the maintenance or natural regeneration of all native species in
a stand; and
`(III) the growth and development of trees through a range of diameter
or age classes to provide a sustained yield of forest products.
`(ii) Cutting methods that develop and maintain selection stands
are--
`(I) individual-tree selection, in which individual trees of varying
size and age classes are selected and logged in a generally uniform
pattern throughout a stand; and
`(II) group selection, in which small groups of trees are selected and
logged.
`(iii) The application of individual-tree selection, group selection, or
any other method consistent with selection management shall under no
event--
`(I) create a clearing or opening that exceeds in width in any
direction the height of the tallest tree standing within 10 feet outside
the edge of the clearing or opening; or
`(II) create a stand where the majority of trees are within 10 years
of the same age; or
`(III) cut or remove more than 20 percent of the basal area of a stand
within 30 years.
The foregoing limitation shall not be deemed to establish a 150-year
projected felling age as the standard at which individual trees in a stand
are to be cut, nor shall native biodiversity be limited to that which occurs
within the context of a 150-year projected felling age.
`(H) The term `stand' means a biological community with enough identity
by location, topography, or dominant species to be managed as a unit, not to
exceed 100 acres.
`(I) EVEN-AGE LOGGING AND EVEN-AGE MANAGEMENT- (i) The terms `even-age
logging' and `even-age management' mean any logging activity which--
`(I) creates a clearing or opening that exceeds in width in any
direction the height of the tallest tree standing within 10 feet outside
the edge of the clearing or opening; or
`(II) creates a stand where the majority of trees are within 10 years
of the same age; or
`(III) cuts or removes more than 20 percent of the basal area of a
stand within 30 years.
`(ii) Even-age logging and even-age management include the application
of clearcutting, seed-tree cutting, shelterwood cutting, or any other
logging method in a manner inconsistent with selection management.
`(J) The term `clearcutting' means an even-age logging operation that
removes all of the trees over a considerable area of a stand at one
time.
`(K) 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) The term `shelterwood cut' means an even-age logging operation that
leaves a minority (larger than in a seed-tree cut) of the stand as a seed
source or protection cover remaining standing for any period of time.
`(M) The term `timber purposes' includes the use, sale, lease, or
distribution of trees, or the felling of trees or portions of trees.
`(N) 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.
`(O) The term `non-native invasive tree species' means any tree species
not native to North America, including the following trees:
`(i) Australian pine (Casuarina equisetifolia).
`(ii) Brazilian pepper (Schinus terebinthifolius).
`(iii) Common buckthorn (Rhamnus cathartica).
`(iv) Glossy buckthorn (Rhamnus frangula).
`(v) Melaleuca (Melaleuca quinquenervia).
`(vi) Norway maple (Acer platanoides).
`(vii) Princess tree (Paulownia tomentosa).
`(viii) Salt cedar (Tamarix species).
`(ix) Silk tree (Albizia julibrissin).
`(x) Strawberry guava (Psidium cattleianum).
`(xi) Tree-of-heaven (Ailanthus altissima).
`(xii) Velvet tree (Miconia calvescens).
`(xiii) White poplar (Populus alba).
`(4) Non-native invasive tree species are exempt from the restrictions and
limitations on even-age management and even-age logging and are not to be
included in the calculations of basal area in this section.
`(5)(A)(i) The purpose of this paragraph is to foster the widest possible
enforcement of subsection (c)(8) and this subsection.
`(ii) Congress finds that all people of the United States are injured by
actions on lands to which subsection (c)(8) and this subsection apply.
`(B) The provisions of subsection (c)(8) and this subsection shall be
enforced by the Secretary of the Interior and the Attorney General of the
United States against any person who violates either of them.
`(C)(i) Any citizen harmed by a violation of this Act may enforce any
provision of subsection (c)(8) and this subsection by bringing an action for
declaratory judgment, temporary restraining order, injunction, statutory
damages, and other remedies against any alleged violator including the United
States, in any district court of the United States.
`(ii) The court, after determining a violation of either of such
subsections shall impose a damage award of not less than $5,000, shall issue
one or more injunctions and other equitable relief, and shall award to the
plaintiffs reasonable costs of the litigation, including attorney's fees,
witness fees, and other necessary expenses.
`(iii) The standard of proof in all actions brought under this
subparagraph shall be the preponderance of the evidence and the trial shall be
de novo.
`(D) The damage award authorized by subparagraph (C)(ii) shall be paid by
the violator or violators designated by the court to the U.S. Treasury.
`(E) The damage award shall be paid from the U.S. Treasury, as provided by
Congress under section 1304 of title 31, United States Code, within 40 days
after judgment to the person or persons designated to receive it, to be
applied in protecting or restoring native biodiversity in or adjoining Federal
land. Any award of costs of litigation and any award of attorney fees shall be
paid within 40 days after judgment.
`(F) The United States, including its agents and employees waives its
sovereign immunity in all respects in all actions under subsection (c)(8) and
this subsection. No notice is required to enforce this subsection.'.
(c) REPEAL- Subsection (b) of section 701 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 note) is hereby repealed.
SEC. 103. AMENDMENT OF NATIONAL WILDLIFE REFUGE SYSTEM ADMINISTRATION ACT OF
1966 RELATING TO THE NATIONAL WILDLIFE REFUGE SYSTEM.
Section 4 of the National Wildlife Refuge System Administration Act of
1966 (16 U.S.C. 668dd) is amended by adding at the end the following:
`(j) CONSERVATION OF NATIVE BIODIVERSITY- In each stand and each watershed
throughout each forested area within the System, the Secretary shall provide
for the conservation or restoration of native biodiversity, except during the
extraction stage of authorized mineral development or during authorized
construction projects, in which events the Secretary shall conserve native
biodiversity to the extent possible.
`(k) RESTRICTION ON USE OF CERTAIN LOGGING PRACTICES- (1) In each stand
and watershed throughout each forested area, the Secretary shall prohibit any
even-age logging and any even-age management after the date of the enactment
of this subsection.
`(2) On each stand already under even-age management, the Secretary shall
(A) prescribe a shift to selection management, or (B) cease managing for
timber purposes and actively restore the native biodiversity, or permit each
stand to regain its native biodiversity.
`(3) For the purposes of this subsection:
`(A) The term `native biodiversity' means the full range of variety and
variability within and among living organisms and the ecological complexes
in which they would have occurred in the absence of significant human
impact, and encompasses diversity within a species (genetic diversity,
species diversity, or age diversity), within a community of species
(within-community diversity), between communities of species
(between-communities), within a total area such as a watershed (total area),
along a plane from ground to sky (vertical), and along the plane of the
earth-surface (horizontal). Vertical and horizontal diversity apply to all
the other aspects of diversity.
`(B) The terms `conserve' and `conservation' refer to protective
measures for maintaining existing 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 possible in abundances and distributions that provide for
their continued existence and normal functioning, including the viability of
populations throughout their natural geographic distributions.
`(C) The term `within-community diversity' means the distinctive
assemblages of species and ecological processes that occur in different
physical settings of the biosphere and distinct parts of the world.
`(D) The term `genetic diversity' means the differences in genetic
composition within and among populations of a given species.
`(E) The term `species diversity' means the richness and variety of
native species in a particular location of the world.
`(F) The term `age diversity' means the naturally occurring range and
distribution of age classes within a given species.
`(G) SELECTION MANAGEMENT- (i) The term `selection management' means a
method of logging that emphasizes the periodic removal of trees, including
mature, undesirable, and cull trees in a manner that insures--
`(I) the maintenance of continuous high forest cover where such cover
naturally occurs;
`(II) the maintenance or natural regeneration of all native species in
a stand; and
`(III) the growth and development of trees through a range of diameter
or age classes to provide a sustained yield of forest products.
`(ii) Cutting methods that develop and maintain selection stands
are--
`(I) individual-tree selection, in which individual trees of varying
size and age classes are selected and logged in a generally uniform
pattern throughout a stand; and
`(II) group selection, in which small groups of trees are selected and
logged.
`(iii) The application of individual-tree selection, group selection, or
any other method consistent with selection management shall under no
event--
`(I) create a clearing or opening that exceeds in width in any
direction the height of the tallest tree standing within 10 feet outside
the edge of the clearing or opening;
`(II) create a stand where the majority of trees are within 10 years
of the same age; or
`(III) cut or remove more than 20 percent of the basal area of a stand
within 30 years.
`The foregoing limitation shall not be deemed to establish a 150-year
projected felling age as the standard at which individual trees in a stand
are to be cut, nor shall native biodiversity be limited to that which occurs
within the context of a 150-year projected felling age.
`(H) The term `stand' means a biological community with enough identity
by location, topography, or dominant species to be managed as a unit, not to
exceed 100 acres.
`(I) EVEN-AGE LOGGING AND EVEN-AGE MANAGEMENT- (i) The terms `even-age
logging' and `even-age management' mean any logging activity which--
`(I) creates a clearing or opening that exceeds in width in any
direction the height of the tallest tree standing within 10 feet outside
the edge of the clearing or opening;
`(II) creates a stand where the majority of trees are within 10 years
of the same age; or
`(III) cuts or removes more than 20 percent of the basal area of a
stand within 30 years.
`(ii) Even-age logging and even-age management include the application
of clearcutting, seed-tree cutting, shelterwood cutting, or any other
logging method in a manner inconsistent with selection management.
`(J) The term `clearcutting' means an even-age logging operation that
removes all of the trees over a considerable area of a stand at one
time.
`(K) 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) The term `shelterwood cut' means an even-age logging operation that
leaves a minority (larger than in a seed-tree cut) of the stand as a seed
source or protection cover remaining standing for any period of time.
`(M) the term `timber purposes' includes the use, sale, lease, or
distribution of trees, or the felling of trees or portions of trees.
`(N) 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.
`(O) The term `non-native invasive tree species' means any tree species
not native to North America, including the following trees:
`(i) Australian pine (Casuarina equisetifolia).
`(ii) Brazilian pepper (Schinus terebinthifolius).
`(iii) Common buckthorn (Rhamnus cathartica).
`(iv) Glossy buckthorn (Rhamnus frangula).
`(v) Melaleuca (Melaleuca quinquenervia).
`(vi) Norway maple (Acer platanoides).
`(vii) Princess tree (Paulownia tomentosa).
`(viii) Salt cedar (Tamarix species).
`(ix) Silk tree (Albizia julibrissin).
`(x) Strawberry guava (Psidium cattleianum).
`(xi) Tree-of-heaven (Ailanthus altissima).
`(xii) Velvet tree (Miconia calvescens).
`(xiii) White poplar (Populus alba).
`(4) Non-native invasive tree species are exempt from the restrictions and
limitations on even-age management and even-age logging and are not to be
included in the calculations of basal area in this section.
`(5)(A)(i) The purpose of this paragraph is to foster the widest possible
enforcement of subsection (j) and this subsection.
`(ii) Congress finds that all people of the United States are injured by
actions on lands to which subsection (j) and this subsection apply.
`(B) The provisions of subsection (j) and this subsection shall be
enforced by the Secretary of the Interior and the Attorney General of the
United States against any person who violates either of them.
`(C)(i) Any citizen harmed by a violation of this Act may enforce any
provision of this subsection by bringing an action for declaratory judgment,
temporary restraining order, injunction, statutory damages, and other remedies
against any alleged violator including the United States, in any district
court of the United States.
`(ii) The court, after determining a violation of either of such
subsections, shall impose a damage award of not less than $5,000, shall issue
one or more injunctions and other equitable relief, and shall award to the
plaintiffs reasonable costs of the litigation, including attorney's fees,
witness fees, and other necessary expenses.
`(iii) The standard of proof in all actions brought under this
subparagraph shall be the preponderance of the evidence and the trial shall be
de novo.
`(D) The damage award authorized by subparagraph (C)(ii) shall be paid by
the violator or violators designed by the court to the U.S. Treasury.
`(E) The damage award shall be paid from the U.S. Treasury, as provided by
Congress under section 1304 of title 31, United States Code, within 40 days
after judgment to the person or persons designated to receive it, to be
applied in protecting or restoring native biodiversity in or adjoining Federal
land. Any award of costs of litigation and any award of attorney fees shall be
paid within 40 days after judgment.
`(F) The United States, including its agents and employees waives its
sovereign immunity in all respects in all actions under subsection (j) and
this subsection. No notice is required to enforce this subsection.'.
SEC. 104. AMENDMENT OF TITLE 10, UNITED STATES CODE, RELATING TO FOREST
MANAGEMENT ON MILITARY LANDS.
(a) IN GENERAL- Chapter 159 of title 10, United States Code, is amended by
adding at the end the following new section:
`Sec. 2697. Conservation of native biodiversity
`(a) CONSERVATION OF NATIVE BIODIVERSITY- In each stand and each watershed
throughout each forested area on a military installation, including a project
administered by the Army Corps of Engineers, the Secretary of Defense shall
provide for the conservation or restoration of native biodiversity, except
during authorized construction projects in which events the Secretary shall
conserve native biodiversity to the extent possible.
`(b) RESTRICTION ON USE OF CERTAIN LOGGING PRACTICES- (1) In each stand
and watershed throughout each forested area, the Secretary of Defense shall
prohibit any even-age logging and any even-age management after the date of
the enactment of this subsection.
`(2) On each stand already under even-age management, the Secretary shall
(A) prescribe a shift to selection management, or (B) cease managing for
timber purposes and actively restore the native biodiversity, or permit each
stand to regain its native biodiversity.
`(A) The term `native biodiversity' means the full range of variety and
variability within and among living organisms and the ecological complexes
in which they would have occurred in the absence of significant human
impact, and encompasses diversity within a species (genetic diversity,
species diversity, or age diversity), within a community of species
(within-community diversity), between communities of species
(between-communities), within a total area such as a watershed (total area),
along a plane from ground to sky (vertical), and along the plane of the
earth-surface (horizontal). Vertical and horizontal diversity apply to all
the other aspects of diversity.
`(B) The terms `conserve' and `conservation' refer to protective
measures for maintaining existing 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 possible in abundances and distributions that provide for
their continued existence and normal functioning, including the viability of
populations throughout their natural geographic distributions.
`(C) The term `within-community diversity' means the distinctive
assemblages of species and ecological processes that occur in different
physical settings of the biosphere and distinct parts of the world.
`(D) The term `genetic diversity' means the differences in genetic
composition within and among populations of a given species.
`(E) The term `species diversity' means the richness and variety of
native species in a particular location of the world.
`(F) The term `age diversity' means the naturally occurring range and
distribution of age classes within a given species.'
`(G) SELECTION MANAGEMENT- (i) The term `selection management' means a
method of logging that emphasizes the periodic removal of trees, including
mature, undesirable, and cull trees in a manner that insures--
`(I) the maintenance of continuous high forest cover where such cover
naturally occurs;
`(II) the maintenance or natural regeneration of all native species in
a stand; and
`(III) the growth and development of trees through a range of diameter
or age classes to provide a sustained yield of forest products.
`(ii) Cutting methods that develop and maintain selection stands
are--
`(I) individual-tree selection, in which individual trees of varying
size and age classes are selected and logged in a generally uniform
pattern throughout a stand; and
`(II) group selection, in which small groups of trees are selected and
logged.
`(iii) The application of individual-tree selection, group selection, or
any other method consistent with selection management shall under no
event--
`(I) create a clearing or opening that exceeds in width in any
direction the height of the tallest tree standing within 10 feet outside
the edge of the clearing or opening;
`(II) create a stand where the majority of trees are within 10 years
of the same age; or
`(III) cut or remove more than 20 percent of the basal area of a stand
within 30 years.
`The foregoing limitation shall not be deemed to establish a 150-year
projected felling age as the standard at which individual trees in a stand
are to be cut, nor shall native biodiversity be limited to that which occurs
within the context of a 150-year projected felling age.
`(H) The term `stand' means a biological community with enough identity
by location, topography, or dominant species to be managed as a unit, not to
exceed 100 acres.
`(I) EVEN-AGE LOGGING AND EVEN-AGE MANAGEMENT- (i) The terms `even-age
logging' and `even-age management' mean any logging activity which--
`(I) creates a clearing or opening that exceeds in width in any
direction the height of the tallest tree standing within 10 feet outside
the edge of the clearing or opening;
`(II) creates a stand where the majority of trees are within 10 years
of the same age; or
`(III) cuts or removes more than 20 percent of the basal area of a
stand within 30 years.
`(ii) Even-age logging and even-age management include the application
of clearcutting, seed-tree cutting, shelterwood cutting, or any other
logging method in a manner inconsistent with selection management.
`(J) The term `clearcutting' means an even-age logging operation that
removes all of the trees over a considerable area of a stand at one
time.
`(K) 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) The term `shelterwood cut' means an even-age logging operation that
leaves a minority (larger than in a seed-tree cut) of the stand as a seed
source or protection cover remaining standing for any period of time.
`(M) The term `timber purposes' includes the use, sale, lease, or
distribution of trees, or the felling of trees or portions of trees.
`(N) 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.
`(O) The term `non-native invasive tree species' means any tree species
not native to North America, including the following trees:
`(i) Australian pine (Casuarina equisetifolia).
`(ii) Brazilian pepper (Schinus terebinthifolius).
`(iii) Common buckthorn (Rhamnus cathartica).
`(iv) Glossy buckthorn (Rhamnus frangula).
`(v) Melaleuca (Melaleuca quinquenervia).
`(vi) Norway maple (Acer platanoides).
`(vii) Princess tree (Paulownia tomentosa).
`(viii) Salt cedar (Tamarix species).
`(ix) Silk tree (Albizia julibrissin).
`(x) Strawberry guava (Psidium cattleianum).
`(xi) Tree-of-heaven (Ailanthus altissima).
`(xii) Velvet tree (Miconia calvescens).
`(xiii) White poplar (Populus alba).
`(4) Non-native invasive tree species are exempt from the restrictions and
limitations on even-age management and even-age logging and are not to be
included in the calculations of basal area in this section.
`(5)(A)(i) The purpose of this paragraph is to foster the widest possible
enforcement of this section.
`(ii) Congress finds that all people of the United States are injured by
actions on lands to which this section applies.
`(B) The provisions of this section shall be enforced by the Secretary of
Defense and the Attorney General of the United States against any person who
violates this section.
`(C)(i) Any citizen harmed by a violation of this Act may enforce any
provision of this section by bringing an action for declaratory judgment,
temporary restraining order, injunction, statutory damages, and other remedies
against any alleged violator including the United States, in any district
court of the United States.
`(ii) The court, after determining a violation of this section, shall
impose a damage award of not less than $5,000, shall issue one or more
injunctions and other equitable relief, and shall award to the plaintiffs
reasonable costs of the litigation, including attorney's fees, witness fees,
and other necessary expenses.
`(iii) The standard of proof in all actions brought under this
subparagraph shall be the preponderance of the evidence and the trial shall be
de novo.
`(D) The damage award authorized by subparagraph (C)(ii) shall be paid by
the violator or violators designated by the court to the U.S. Treasury.
`(E) The damage award shall be paid from the U.S. Treasury, as provided by
Congress under section 1304 of title 31, United States Code, within 40 days
after judgment to the person or persons designated to receive it, to be
applied in protecting or restoring native biodiversity in or adjoining Federal
land. Any award of costs of litigation and any award of attorney fees shall be
paid within 40 days after judgment.
`(F) The United States, including its agents and employees waives its
sovereign immunity in all respects in all actions under this section. No
notice is required to enforce this section.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter
159 of title 10, United States Code, is amended by adding at the end the
following new item:
`2697. Conservation of native biodiversity.'.
TITLE II--PROTECTION FOR ANCIENT FORESTS, ROADLESS AREAS, WATERSHED
PROTECTION AREAS, AND SPECIAL AREAS
SEC. 201. DEFINITIONS AND FINDINGS.
(a) DEFINITIONS- For purposes of the title:
(1) EXTRACTIVE LOGGING- The term `extractive logging' means the felling
or removal of any trees from Federal forest lands for any purpose.
(2) ANCIENT FORESTS- The term `Ancient Forests' refers to `Northwest
Ancient Forests', `East Side Cascade Ancient Forests', and `Sierra Nevada
Ancient Forests' as defined below:
(A) The term `Northwest Ancient Forests' refers to--
(i) Federal lands identified as Late-Successional Reserves, Riparian
Reserves, and Key Watersheds under the heading `Alternative 1' of the
report `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.', dated February
1994; and
(ii) Federal lands identified by the term `Medium and Large Conifer
Multi-Storied, Canopied Forests' as defined in `Final Supplemental
Environmental Impact Statement on Management of Habitat for
Late-Successional and Old-Growth Related Species Within the Range of the
Northern Spotted Owl, Vol. I.', dated February 1994.
(B) The term `Eastside Cascade Ancient Forests' refers to--
(i) Federal lands identified as `Late-Succession/Old-growth Forest
(LS/OG)' depicted on maps for the Colville, Fremont, Malheur, Ochoco,
Umatilla,
Wallowa-Whitman and Winema National Forests in the document 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 lands, east of the Cascade crest in Oregon and
Washington defined as `late successional and old-growth forests' in the
general definition on page 28 of the report entitled' Interim Protection
for Late-Successional Forests, Fisheries, and Watersheds: National
Forests East of the Cascade Crest, Oregon, and Washington';
and
(iii) Federal lands classified as `Oregon Aquatic Diversity Areas'
as defined in the report entitled Interim Protection for
Late-Successional Forests, Fisheries, and Watersheds: National Forests
East of the Cascade Crest, Oregon, and Washington'.
(C) The term `Sierra Nevada Ancient Forests' refers to--
(i) Federal lands identified as `Areas of Late-Successional Emphasis
(ALSE)' in the document 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 lands identified as `Late-Succession/Old-Growth Forests
Rank 3, 4 or 5' in the document entitled `Final Report to Congress:
Status of the Sierra Nevada'; and
(iii) Federal lands identified as `Potential Aquatic Diversity
Management Areas' in the map on page 1497 of the document entitled
`Final Report to Congress: Status of the Sierra Nevada, Volume
II'.
(3) IMPROVED ROADS- The term `improved roads' means any roads maintained
for travel by standard passenger type vehicles.
(4) ROADLESS AREAS- The term `Roadless Areas' means those contiguous
parcels of Federal land that are devoid of improved roads, except as
permitted by subparagraph (B), and--
(A) are greater than or equal to 1,000 acres west of the 100th
meridian; or
(B) are greater than or equal to 1,000 acres east of the 100th
meridian, but possibly containing up to 1/2 mile of improved roads per
1,000 acres; or
(C) are less than 1,000 acres, but share a border that is not an
improved road with an existing Wilderness Area, Primitive Area, or
Wilderness Study Area.
(5) WATERSHED PROTECTION AREAS- The term `Watershed Protection Areas'
refers to Federal lands--
(A) extending 300 feet from both sides of the active stream channel of
any permanently flowing stream or river;
(B) extending 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) extending 300 feet from the edge of the maximum level of any
natural lake or pond; or
(D) extending 150 feet from the edge of the maximum level of
constructed lakes, ponds, or reservoirs and natural or constructed
wetlands.
(6) SPECIAL AREAS- The term `Special Areas' means certain areas of
Federal land designated in section 202.
(7) SECRETARY CONCERNED- The term `Secretary concerned' means the head
of the Federal agency having jurisdiction over Federal lands included within
an Ancient Forest, Roadless Area, Watershed Protection Area, or Special
Area.
(8) NON-NATIVE INVASIVE TREE SPECIES- The term `non-native invasive tree
species' means any tree species not native to North America, including the
following trees:
(A) Australian pine (Casuarina equisetifolia).
(B) Brazilian pepper (Schinus terebinthifolius).
(C) Common buckthorn (Rhamnus cathartica).
(D) Glossy buckthorn (Rhamnus frangula.
(E) Melaleuca (Melaleuca quinquenervia).
(F) Norway maple (Acer platanoides).
(G) Princess tree (Paulownia tomentosa).
(H) Salt cedar (Tamarix species).
(I) Silk tree (Albizia julibrissin).
(J) Strawberry guava (Psidium cattleianum).
(K) Tree-of-heaven (Ailanthus altissima).
(L) Velvet tree (Miconia calvescens).
(M) White poplar (Populus alba).
(b) FINDINGS- Congress finds the following:
(1) Unfragmented forest on Federal lands are unique and valuable assets
to the general public which are damaged by extractive logging.
(2) Less than 10 percent of the original unlogged forests of the United
States remain. The vast majority of the remnants of America's original
forests are located on Federal lands.
(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 currently
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 lands are carried out at
enormous financial costs to the United States Treasury and American
taxpayers.
(8) The 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) Roadless areas contain many of the largest unfragmented forests on
Federal lands. Large unfragmented forests 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 lands are valuable to
the American public and are damaged by extractive logging in these
areas.
(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 lands are considered sacred
sites by native peoples.
(20) As a legacy for the enjoyment, knowledge, and well-being of future
generations, provisions must be made for the protection and perpetuation of
America's Ancient Forests, Roadless Areas, Watershed Protection Areas, and
Special Areas.
SEC. 202. DESIGNATION OF SPECIAL AREAS.
(a) DESCRIPTION OF SPECIAL AREAS-
(1) IN GENERAL- Special areas are parcels of Federal forest land that
possess outstanding biological, scenic, recreational, or cultural values,
exemplary on a local, regional, or national level, yet may not meet the
definitions of Ancient Forests, Roadless Areas, or Watershed Protection
Areas.
(2) BIOLOGICAL VALUES- Biological values include--
(A) the presence of threatened or endangered species of plants or
animals;
(B) rare or endangered ecosystems;
(C) key habitats necessary for the recovery of endangered 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- Scenic values include--
(A) unusual geological formations;
(B) designated wild and scenic rivers;
(4) RECREATIONAL VALUES- Recreational values include--
(A) designated National Recreational Trails or Recreational
Areas;
(B) popular areas for recreation and sports including--
(v) aquatic recreation; and
(C) Federal lands in regions that are underserved in terms of
recreation;
(D) lands adjacent to designated Wilderness Areas; and
(5) CULTURAL VALUES- Cultural values include--
(A) sites with Native American religious significance; and
(B) historic or prehistoric archaeological sites eligible for the
national historic register.
(b) SIZE VARIATION- Special areas may vary in size to encompass the
outstanding biological, scenic, recreational, or cultural value or values to
be protected.
(c) DESIGNATION OF SPECIAL AREAS- For purposes of this title, there are
hereby designated the following Special Areas, which shall be subject to the
management restrictions specified in section 203(c):
(1) ALABAMA: SIPSEY WILDERNESS- Certain lands in the Bankhead National
Forest in Alabama, which comprise approximately 20,000 acres, located
directly west of Highway 33 and directly north of County Road 60, including
all of the Sipsey River Watershed north of Cranal Road, known as the `Sipsey
Wilderness'.
(A) TURNAGAIN ARM- Certain lands in the Chugach National Forest, Kenai
Peninsula, Alaska, which comprise approximately 100,000 acres, known as
`Turnagain Arm', extending from sea level to ridgetop surrounding the
inlet of Turnagain Arm.
(B) HONKER DIVIDE- Certain lands in the Tongass National Forest in
Alaska, which comprise 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 lands in the Kaibab
National Forest, Arizona, included in the Grand Canyon Game Preserve, which
comprise 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 lands in the Ouachita
National Forest, Mena Ranger District, Polk County, Arkansas, comprising
approximately 7,000 acres, bounded approximately by the following
landmarks: on the north by County Road 95; on the south by County Road
157; on the east by County Road 48 and on the west by the
Arkansas-Oklahoma border, known as `Cow Creek Drainage,
Arkansas'.
(B) LEADER AND BRUSH MOUNTAINS- Certain lands in the Ouachita National
Forest of Montgomery and Polk Counties, Arkansas, known as `Leader and
Brush Mountains', which comprise approximately 120,000 acres 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 lands in the Ouachita National Forest,
Mena Ranger District, Arkansas, comprising 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 lands in the Ozark National
Forest, Sylamore Ranger District, totaling approximately 6,000 acres,
known as `The Lower Buffalo River Watershed'. The area is comprised of
those Forest Service lands, not already designated as Wilderness, located
in the watershed of Big Creek, southwest of the Leatherwood Wilderness
Area in Searcy and Marion Counties, Arkansas.
(E) UPPER BUFFALO RIVER WATERSHED- Certain lands in the Ozark National
Forest, Buffalo Ranger District, totaling approximately 220,000 acres
known as the `Upper Buffalo River Watershed'. This area is located
approximately 35 miles from the town of Harrison, in Madison, Newton and
Searcy Counties, Arkansas. The Upper Buffalo River Watershed is comprised
of those Forest Service lands, not already designated as Wilderness Areas,
upstream of the confluence of the Buffalo River and Richland Creek and
located in the following watersheds: Buffalo River, the various streams
comprising the Headwaters of the Buffalo River, Richland Creek, Little
Buffalo Headwaters, Edgmon Creek, Big Creek and Cane Creek.
(5) CALIFORNIA: GIANT SEQUOIA PRESERVE- Certain lands in the Sequoia and
Sierra National Forests in California comprised of 3 discontinuous parcels,
totaling approximately 442,425 acres known as the `Giant Sequoia Preserve'
located in Fresno, Tulare, and Kern Counties. All 3 parcels are located in
the Southern Sierra Nevada mountain range; the Kings River Unit (145,600
acres) and nearby Redwood Mountain Unit (11,730 acres) are located
approximately 25 miles east of the city of Fresno. The South Unit (285,095
acres) is approximately 15 miles east of the city of Porterville.
(6) COLORADO: COCHETOPA HILLS- Certain lands in the Gunnison Basin area
administered by the Gunnison, Grand Mesa, Uncompahgre, and Rio Grand
National Forests, comprising approximately 500,000 acres, known as the
`Cochetopa Hills'. This area spans the continental divide south and east of
Gunnison in Saguache County, Colorado and includes the Elk and West Elk
Mountains, Grand Mesa, the Uncompahgre Plateau, the northern San Juan
Mountains, the La Garitas Mountains and the Cochetopa Hills.
(A) ARMUCHEE CLUSTER- Certain lands in the Chattahoochee National
Forest, Armuchee Ranger District, totaling approximately 19,700 acres,
known as the `Armuchee Cluster'. The cluster is comprised of three parcels
known as Rocky Face, Johns Mountain and Hidden Creek. The cluster is
located approximately 10 miles southwest of Dalton and 14 miles north of
Rome, Whitfield, Walker,
Chattooga, Floyd, and Gordon Counties, Georgia.
(B) BLUE RIDGE CORRIDOR CLUSTER, GEORGIA AREAS- Certain lands in the
Chattahoochee National Forest, Chestatee Ranger District, totaling
approximately 15,000 acres, known as the `Blue Ridge Corridor Cluster,
Georgia Areas'. The cluster is comprised of the following 5 parcels: Horse
Gap, Hogback Mountain, Blackwell Creek, Little Cedar Mountain, and Black
Mountain. The cluster is located approximately 15 to 20 miles north of the
town of Dahlonega, Union and Lumpkin Counties, Georgia.
(C) CHATTOOGA WATERSHED CLUSTER, GEORGIA AREAS- Certain lands in the
Chattahoochee National Forest, Tallulah Ranger District, comprising 63,500
acres known as the `Chattooga Watershed Cluster, Georgia Areas'. This
cluster is comprised of 7 areas, located in Rabun County, Georgia, known
as the following: Rabun Bald, Three Forks, Ellicott Rock Extension, Rock
Gorge, Big Shoals, Thrift's Ferry, and Five Falls. The towns of Clayton,
Georgia, and Dillard, South Carolina are situated nearby.
(D) COHUTTA CLUSTER- Certain lands in the Chattahoochee National
Forest, Cohutta Ranger District, totaling approximately 28,000 acres,
known as the `Cohutta Cluster'. The cluster is comprised of four parcels
known as Cohuttta Extensions, Grassy Mountain, Emery Creek, and
Mountaintown. The cluster is located near the towns of Chatsworth and
Ellijay, Murray, Fannin, and Gilmer Counties, Georgia.
(E) DUNCAN RIDGE CLUSTER- Certain lands in the Chattahoochee National
Forest, Brasstown and Toccoa Ranger Districts, comprising approximately
17,000 acres known as the `Duncan Ridge Cluster'. The cluster is comprised
of the following four parcels: Licklog Mountain, Duncan Ridge, Board Camp,
and Cooper Creek Scenic Area Extension. The cluster is located
approximately 10 to 15 miles south of the town of Blairsville in Union and
Fannin Counties, Georgia.
(F) ED JENKINS NATIONAL RECREATION AREA CLUSTER- Certain lands in the
Chattahoochee National Forest, Toccoa and Chestatee Ranger Districts,
totaling approximately 19,300 acres, known as the `Ed Jenkins National
Recreation Area Cluster'. The cluster is comprised of the Springer
Mountain, Mill Creek, and Toonowee parcels. The cluster is located 30
miles north of the town of Dahlonega, Fannin, Dawson, and Lumpkin
Counties, Georgia.
(G) GAINESVILLE RIDGES CLUSTER- Certain lands in the Chattahoochee
National Forest, Chattooga Ranger District, totaling approximately 14,200
acres, known as the `Gainesville Ridges Cluster'. The cluster is comprised
of the following three parcels: Panther Creek, Tugaloo Uplands, and Middle
Fork Broad River. The cluster is located approximately 10 miles from the
town of Toccoa, Habersham and Stephens Counties, Georgia.
(H) NORTHERN BLUE RIDGE CLUSTER, GEORGIA AREAS- Certain lands in the
Chattahoochee National Forest, Brasstown and Tallulah Ranger Districts,
totaling approximately 46,000 acres, known as the `Northern Blue Ridge
Cluster, Georgia Areas'. The cluster is comprised of the following eight
areas: 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. The cluster is located
approximately 5 to 15 miles north of Helen, 5 to 15 miles southeast of
Hiawassee, north of Clayton and west of Dillard, White, Towns and Rabun
Counties, Georgia.
(I) RICH MOUNTAIN CLUSTER- Certain lands in the Chattahoochee National
Forest, Toccoa Ranger District, totaling approximately 9,500 acres known
as the `Rich Mountain Cluster'. The cluster is comprised of the parcels
known as Rich Mountain Extension and Rocky Mountain. The cluster is
located 10 to 15 miles northeast of the town of Ellijay, Gilmer and Fannin
Counties, Georgia.
(J) WILDERNESS HEARTLANDS CLUSTER, GEORGIA AREAS- Certain lands in the
Chattahoochee National Forest, Chestatee, Brasstown and Chattooga Ranger
Districts, comprising approximately 16,500 acres, known as the `Wilderness
Heartlands Cluster, Georgia Areas'. The cluster is comprised of four
parcels known as the following: Blood Mountain Extensions, Raven Cliffs
Extensions, Mark Trail Extensions, and Brasstown Extensions. The cluster
is located near the towns of Dahlonega, Cleveland, Helen, and Blairsville,
Lumpkin, Union, White, and Towns Counties, Georgia.
(A) COVE/MALLARD- Certain lands in the Nez Perce National Forest in
Idaho, which comprise approximately 94,000 acres, located approximately 30
miles southwest of the town of Elk City, west of the town of Dixie, in the
area generally known as `Cove/Mallard'.
(B) MEADOW CREEK- Certain lands in the Nez Perce National Forest in
Idaho, which comprise 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 lands in the Payette National
Forest in Idaho, which comprise 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 lands in the Shawnee National Forest in
Illinois, which comprise approximately 39 acres in Jackson County in the
Big Muddy River watershed, in the area generally known as `Cripps
Bend'.
(B) OPPORTUNITY AREA 6- Certain lands in the Shawnee National Forest
in Illinois, which comprise 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 lands in the Shawnee National Forest in
Illinois, which comprise approximately 490 acres located in northern Pope
County, in the Quarrel Creek watershed, in the area generally known as
`Quarrel Creek'.
(10) MICHIGAN: TRAP HILLS- Certain lands 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,
Ontonagon County, Michigan.
(A) TROUT LAKE AND SUOMI HILLS- Certain lands in the Chippewa National
Forest, comprising approximately 12,000 acres, known as `Trout Lake/Suomi
Hills' in Itasca County, Minnesota.
(B) LULLABY WHITE PINE RESERVE- Certain lands in the Superior National
Forest in Minnesota, Gunflint Ranger District, which comprise
approximately 2,518 acres, in the South Brule Opportunity Area, northwest
of Grand Marais in Cook County, Minnesota, known as the `Lullaby White
Pine Reserve'.
(12) MISSOURI: ELEVEN POINT-BIG SPRINGS AREA- Certain lands in the Mark
Twain National Forest in Missouri, 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'.
(13) MONTANA: MOUNT BUSHNELL- Certain lands in the Lolo National Forest
in Montana, which comprise 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 lands in the east half of the Carson National
Forest in New Mexico, Camino Real Ranger District, totaling approximately
10,000 acres located in Township 21, Ranges 12 and 13, known as
`Angostura'. The area's approximate boundaries are as follows: the
northeast boundary is formed by Highway 518, the southeast boundary
consists of the Angostura Creek watershed boundary, the southern boundary
is Trail 19 and the Pecos Wilderness, and on the west, the boundary is
formed by the Agua Piedra Creek watershed.
(B) LA MANGA- Certain lands in the western half of the Carson National
Forest, El Rito Ranger District, New Mexico, Vallecitos Sustained Yield
Unit, comprising approximately 5,400 acres, known as `La Manga'. The
parcel is in Township 27, Range 6 and bounded on the north by the Tierra
Amarilla Land Grant, on the south by Canada Escondida, on the west by the
Sustained Yield Unit boundary and the Tierra Amarilla Land Grant, and on
the east by the Rio Vallecitos.
(C) ELK MOUNTAIN- Certain lands in the Santa Fe National Forest, New
Mexico, comprising approximately 7,220 acres, known as `Elk Mountain' and
located in Townships 17 and 18 and Ranges 12 and 13. The area is bounded
on the north by the Pecos Wilderness, the Cow Creek Watershed forms the
eastern boundary and the Cow Creek itself, forms the western boundary. The
southern boundary is formed by Rito de la Osha.
(D) JEMEZ HIGHLANDS- Certain lands 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, New
Mexico.
(A) CENTRAL NANTAHALA CLUSTER, NORTH CAROLINA AREAS- Certain lands 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'. The cluster is comprised of the
following nine parcels: Tusquitee Bald, Shooting Creek Bald,
Cheoah Bald, Piercy Bald, Wesser Bald, Tellico Bald, Split White Oak, Siler
Bald, and Southern Nantahala Extensions. The cluster is located near the town of
Murphy, Franklin, Bryson City, Andrews, and Beechertown, Cherokee, Macon, Clay
and Swain Counties, North Carolina.
(B) CHATTOOGA WATERSHED CLUSTER, NORTH CAROLINA AREAS- Certain lands
in the Nantahala National Forest, Highlands Ranger District, totaling
approximately 8,000 acres, known as the `Chattooga Watershed Cluster,
North Carolina Areas'. The cluster is comprised of the Overflow (Blue
Valley) and Terrapin Mountain parcels. The cluster is located five miles
from the town of Highlands, Macon and Jackson Counties, North
Carolina.
(C) TENNESSEE BORDER CLUSTER, NORTH CAROLINA AREAS- Certain lands in
the Nantahala National Forest, Tusquitee and Cheoah Ranger Districts,
totaling approximately 28,000 acres, known as the `Tennessee Border
Cluster, North Carolina Areas'. The cluster is comprised of the four
following parcels: Unicoi Mountains, Deaden Tree, Snowbird, and Joyce
Kilmer-Slickrock Extension. The cluster is located near the towns of
Murphy and Robbinsville, Cherokee and Graham Counties, North
Carolina.
(D) BALD MOUNTAINS- Certain lands in the Pisgah National Forest,
French Broad Ranger District, totaling approximately 13,000 acres known as
the `Bald Mountains', located 12 miles northeast of Hot Springs, Madison
County, North Carolina.
(E) BIG IVY TRACT- Certain lands in the Pisgah National Forest in
North Carolina, which comprise 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 lands in
the Pisgah National Forest, Toecane and Grandfather Ranger Districts,
totaling approximately 62,000 acres, known as the `Black Mountains
Cluster, North Carolina Areas'. The cluster is comprised of the following
five parcels: Craggy Mountains, Black Mountains, Jarrett Creek, Mackey
Mountain, and Woods Mountain. The cluster is located near the towns of
Burnsville, Montreat and Marion, Buncombe, Yancey and McDowell Counties,
North Carolina.
(G) LINVILLE CLUSTER- Certain lands in the Pisgah National Forest,
Grandfather District, totaling approximately 42,000 acres known as the
`Linville Cluster'. The Cluster is comprised of the following seven
parcels: Dobson Knob, Linville Gorge Extension, Steels Creek, Sugar Knob,
Harper Creek, Lost Cove and Upper Wilson Creek. The cluster is located
near the towns of Marion, Morgantown, Spruce Pine, Linville, and Blowing
Rock, Burke, McDowell, Avery and Caldwell Counties, North
Carolina.
(H) NOLICHUCKY, NORTH CAROLINA AREA- Certain lands 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, Mitchell and Yancey Counties, North
Carolina.
(I) PISGAH CLUSTER, NORTH CAROLINA AREAS- Certain lands in the Pisgah
National Forest, Pisgah Ranger District, totaling approximately 52,000
acres, known as the `Pisgah Cluster, North Carolina Areas'. The cluster is
comprised of the following 5 parcels: Shining Rock and Middle Prong
Extensions, Daniel Ridge, Cedar Rock Mountain, South Mills River, and
Laurel Mountain. The cluster is located 5 to 12 miles north of the town of
Brevard and southwest of the city of Asheville, Haywood, Transylvania, and
Henderson Counties, North Carolina.
(J) WILDCAT- Certain lands 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, Haywood County, North
Carolina.
(A) ARCHERS FORK COMPLEX- Certain lands in the Marietta Unit of the
Athens Ranger District, in the Wayne National Forest, Washington County,
Ohio, known as `Archers Fork Complex', comprising approximately 18,350
acres, located northeast of Newport and bounded by State Highway 26 to the
northwest, State Highway 260 to the northeast, the Ohio River to the
southeast and Bear Run and Danas Creek to the southwest.
(B) BLUEGRASS RIDGE- Certain lands in the Ironton Ranger District on
the Wayne National Forest, Lawrence County, Ohio, known as `Bluegrass
Ridge', comprising approximately 4,000 acres, located three miles east of
Etna in Township 4 North, Range 17 West, Sections 19-23, 27-30.
(C) BUFFALO CREEK- Certain lands in the Ironton Ranger District of the
Wayne National Forest, Lawrence County, Ohio, known as `Buffalo Creek',
comprising approximately 6500 acres, located four miles northwest of
Waterloo in Township 5 North, Ranger 17 West, sections 3-10,
15-18.
(D) LAKE VESUVIUS- Certain lands in the Ironton Ranger District of the
Wayne National Forest, Lawrence County, Ohio, comprising approximately
4,900 acres, generally known as `Lake Vesuvius', located to the east of
Etna and bounded by State Highway 93 to the southwest and State Highway 4
to the northwest in Township 2 North, Range 18 West.
(E) MORGAN SISTERS- Certain lands in the Ironton Ranger District of
the Wayne National Forest, Lawrence County, Ohio, known as `Morgan
Sisters', comprising approximately 2,500 acres, located one mile east of
Gallia and bounded by State Highway 233 in Township 6 North, Range 17
West, sections 13, 14, 23, 24 and Township 5 North, Range 16 West,
sections 18, 19.
(F) UTAH RIDGE- Certain lands in the Athens Ranger District of the
Wayne National Forest, Athens County, Ohio, known as `Utah Ridge',
comprising approximately 9,000 acres, located one mile northwest of
Chauncey and bounded by State Highway 682 and State Highway 13 to the
southeast, US Highway 33 to the southwest and State Highway 216 and State
Highway 665 to the north.
(G) WILDCAT HOLLOW- Certain lands in the Athens Ranger District of the
Wayne National Forest, Perry and Morgan Counties, Ohio, known as `Wildcat
Hollow,' comprising approximately 4,500 acres, located one mile east of
Corning in Township 12 North, Range 14 West, sections 1, 2, 11-14, 23, 24
and Township 8 North, Range 13 West, sections 7, 18, 19.
(17) OKLAHOMA: COW CREEK DRAINAGE, OKLAHOMA- Certain lands in the
Ouachita National Forest, Mena Ranger District, Le Flore County, Oklahoma,
comprising approximately 3,000 acres, bounded approximately by the Beech
Creek National Scenic Area on the west, State Highway 63 on the north and
the Arkansas-Oklahoma border on the east, and County Road 9038 on the south,
known as `Cow Creek Drainage, Oklahoma'.
(18) OREGON: APPLEGATE WILDERNESS- Certain lands in the Siskiyou
National Forest and Rogue River National Forest in Oregon, which comprise
approximately 20,000 acres, located approximately 20 miles southwest of the
town of Grants Pass and 10 miles south of Williams, in the area generally
known as the `Applegate Wilderness'.
(A) BIG SHOALS, SOUTH CAROLINA AREA- Certain lands in the Sumter
National Forest, Andrew Pickens Ranger District, Oconee County, South
Carolina, comprising approximately 2,000 acres known as `Big Shoals, South
Carolina Area'. This area is located 15 miles south of Highlands, North
Carolina.
(B) BRASSTOWN CREEK, SOUTH CAROLINA AREA- Certain lands in the Sumter
National Forest, Andrew Pickens Ranger District, Oconee County, South
Carolina, comprising approximately 3,500 acres known as `Brasstown Creek,
South Carolina Area'. This area is located approximately 15 miles west of
Westminster, South Carolina.
(C) CHAUGA- Certain lands in the Sumter National Forest, Andrew
Pickens Ranger District, Oconee County, South Carolina, comprising
approximately 16,000 acres known as `Chauga'. This area is located
approximately 10 miles west of Walhalla, South Carolina.
(D) DARK BOTTOMS- Certain lands in the Sumter National Forest, Andrew
Pickens Ranger District, Oconee County, South Carolina, comprising
approximately 4,000 acres known as `Dark Bottoms'. This area is located
approximately 10 miles northwest of Westminster, South Carolina.
(E) ELLICOTT ROCK EXTENSION, SOUTH CAROLINA AREA- Certain lands in the
Sumter National Forest, Andrew Pickens Ranger District, Oconee County,
South Carolina, comprising approximately 2,000 acres known as `Ellicott
Rock Extension, South Carolina Area'. This area is located approximately
10 miles south of Cashiers, North Carolina.
(F) FIVE FALLS, SOUTH CAROLINA AREA- Certain lands in the Sumter
National Forest, Andrew Pickens Ranger District, Oconee County, South
Carolina, comprising approximately 3,500 acres known as `Five Falls, South
Carolina Area'. This area is located approximately 10 miles southeast of
Clayton, Georgia.
(G) PERSIMMON MOUNTAIN- Certain lands in the Sumter National Forest,
Andrew Pickens Ranger District, Oconee County, South Carolina, comprising
approximately 7,000 acres known as `Persimmon Mountain'. This area is
located approximately 12 miles south of Cashiers, North Carolina.
(H) ROCK GORGE, SOUTH CAROLINA AREA- Certain lands in the Sumter
National Forest, Andrew Pickens Ranger District, Oconee County, South
Carolina, comprising approximately 2,000 acres known as `Rock Gorge, South
Carolina Area'. This area is located 12 miles southeast of Highlands,
North Carolina.
(I) TAMASSEE- Certain lands in the Sumter National Forest, Andrew
Pickens Ranger District, Oconee County, South Carolina, comprising
approximately 5,500 acres known as `Tamassee'. This area is located
approximately 10 miles north of Walhalla, South Carolina.
(J) THRIFT'S FERRY, SOUTH CAROLINA AREA- Certain lands in the Sumter
National Forest, Andrew Pickens Ranger District, Oconee County, South
Carolina, comprising approximately 5,000 acres known as `Thrift's Ferry,
South Carolina Area'. This area is located 10 miles east of Clayton,
Georgia.
(A) BLACK FOX AREA- Certain lands in the Black Hills National Forest
of South Dakota, totaling approximately 12,400 acres, located in the upper
reaches of the Rapid Creek watershed known as the `Black Fox Area'. The
area is roughly bounded by FDR 206 in the north, the steep slopes north of
Forest
Road 231 form the southern boundary and a fork of Rapid Creek forms the
western boundary.
(B) BREAKNECK AREA- Certain lands in the Black Hills National Forest,
South Dakota, totaling 6,700 acres along the northeast edge of the Black
Hills in the vicinity of the Black Hills National Cemetery and the Bureau
of Land Management's Fort Meade Recreation Area known as the `Breakneck
Area'. The area is generally bounded by Forest Roads 139 and 169 on the
north, west and south. The eastern and western boundaries are also
demarcated by the ridge-crests dividing the watershed.
(C) NORBECK PRESERVE- Certain lands in the Black Hills National Forest
of South Dakota, totaling approximately 27,766 acres known as the `Norbeck
Preserve' encompassed approximately by the following traverse. Starting at
the southeast corner, the area boundary runs north along FDR 753 and U.S.
Highway Alt. 16, then along SD 244 to the junction of Palmer Creek Road,
which serves generally as a northwest limit. It then heads south from the
junction of Highway 87-89, southeast along Highway 87, and east back to
FDR 753. A corridor of private land along FDR 345 is excluded.
(D) PILGER MOUNTAIN AREA- Certain lands in the Black Hills National
Forest of South Dakota, comprising approximately 12,600 acres, known as
the `Pilger Mountain Area' and located in the Elk Mountains on the
southwest edge of the Black Hills. This area is roughly bounded by Forest
Roads 318 and 319 on the east and northeast, Road 312 on the north and
northwest, and private land to the southwest.
(E) STAGEBARN CANYONS- Certain lands in the Black Hills National
Forest, South Dakota, known as `Stagebarn Canyons', which comprise
approximately 7,300 acres located approximately 10 miles west of Rapid
City, South Dakota.
(A) BALD MOUNTAINS CLUSTER, TENNESSEE AREAS- Certain lands in the
Nolichucky and Unaka Ranger Districts of the Cherokee National Forest,
Cocke, Green, Washington and Unicoi Counties, Tennessee, comprising
approximately 46,133 acres known as the `Bald Mountains Cluster, Tennessee
Areas'. This Cluster is comprised of the following parcels known as:
Laurel Hollow Mountain, Devil's Backbone, Laurel Mountain, Walnut
Mountain, Wolf Creek, Meadow Creek Mountain, Brush Creek Mountain, Paint
Creek, Bald Mountain and Sampson Mountain Extension. These parcels are
located near the towns of Newport, Hot Springs, Greeneville and Erwin,
Tennessee.
(B) BIG FROG/COHUTTA CLUSTER- Certain lands in the Cherokee National
Forest, Polk County, Tennessee, Ocoee, Hiwassee, and Tennessee Ranger
Districts, comprising approximately 28,800 acres known as the `Big
Frog/Cohutta Cluster'. This Cluster is comprised of the following parcels:
Big Frog Extensions, Little Frog Extensions, Smith Mountain and Rock
Creek. These parcels are located near the towns of Copperhill, Ducktown,
Turtletown and Benton, Tennessee.
(C) CITICO CREEK WATERSHED CLUSTER TENNESSEE AREAS- Certain lands in
the Tellico Ranger District of the Cherokee National Forest, Monroe
County, Tennessee, comprising approximately 14,256 acres known as the
`Citico Creek Watershed Cluster, Tennessee Areas'. This Cluster is
comprised of the following parcels known as: Flats Mountain, Miller Ridge,
Cowcamp Ridge and Joyce Kilmer-Slickrock Extension. These parcels are
located near the town of Tellico Plains, Tennessee.
(D) IRON MOUNTAINS CLUSTER- Certain lands in the Cherokee National
Forest, Watauga Ranger District, totaling approximately 58,090 acres known
as the `Iron Mountains Cluster'. The cluster is comprised of the following
8 parcels: Big Laurel Branch Addition, Hickory Flat Branch, Flint Mill,
Lower Iron Mountain, Upper Iron Mountain, London Bridge, Beaverdam Creek,
and Rodgers Ridge. The Cluster is located near the towns of Bristol and
Elizabethton, Sullivan and Johnson Counties, Tennessee.
(E) NORTHERN UNICOI MOUNTAINS CLUSTER- Certain lands in the Tellico
Ranger District of the Cherokee National Forest, Monroe County, Tennessee,
comprising approximately 30,453 acres known as the `Northern Unicoi
Mountain Cluster'. The Cluster is comprised of the following parcels known
as: Bald River Gorge Extension, Upper Bald River, Sycamore Creek and
Brushy Ridge. These parcels are located near the town of Tellico Plains,
Tennessee.
(F) ROAN MOUNTAIN CLUSTER- Certain lands in the Cherokee National
Forest, Unaka and Watauga Ranger Districts, totaling approximately 23,725
acres known as the `Roan Mountain Cluster'. The Cluster is comprised of
the following seven parcels: Strawberry Mountain, Highlands of Roan,
Ripshin Ridge, Doe River Gorge Scenic Area, White Rocks Mountain, Slide
Hollow and Watauga Reserve. The Cluster is located approximately eight to
twenty miles south of the town of Elizabethton, Unicoi, Carter and Johnson
Counties, Tennessee.
(G) SOUTHERN UNICOI MOUNTAINS CLUSTER- Certain lands in the Hiwassee
Ranger District of the Cherokee National Forest, Polk, Monroe and McMinn
Counties, Tennessee, comprising approximately 11,251 acres known as the
`Southern Unicoi Mountains Cluster'. This Cluster is comprised of the
following parcels
known as: Gee Creek Extension, Coker Creek and Buck Bald. These parcels are
located near the towns Etowah, Benton and Turtletown, Tennessee.
(H) UNAKA MOUNTAINS CLUSTER, TENNESSEE AREAS- Certain lands in the
Cherokee National Forest, Unaka Ranger District, totaling approximately
15,669 acres known as the `Unaka Mountains Cluster, Tennessee Areas'. The
cluster is comprised of the Nolichucky, Unaka Mountain Extension and Stone
Mountain parcels. The cluster is located approximately eight miles from
Erwin, Unicoi and Carter Counties, Tennessee.
(A) ATTOYAC RIVER AREA- Certain lands in the Angelina National Forest
known as the `Attoyac River Area', totaling approximately 3,500 acres,
within forest compartments 104, 105, and 106, situated along both sides of
the Attoyac River, north of the Sam Rayburn Reservoir and east of Etoile
in Nacogdoches County, Texas.
(B) AYISH BAYOU AREA- Certain lands in the Angelina National Forest
known as the `Ayish Bayou Area', totaling approximately 1,200 acres,
within forest compartments 20, 101, 102 and 103, adjacent to the Ayish
Bayou River and east of the Turkey Hill Wilderness in St. Augustine
County, Texas.
(C) BEAR CREEK AREA- Certain lands in the Sabine National Forest known
as the `Bear Creek Area', totaling 665 acres, within forest compartment
88, situated along Pomponaugh Creek near Pineland in Sabine County,
Texas.
(D) BEECH RAVINE- Certain lands in the Sabine National Forest known as
the `Beech Ravines', totaling approximately 1,020 acres, within forest
compartments 61 and 63, situated along the shores of Toledo Bend Reservoir
approximately 15 miles east of San Augustine in San Augustine County,
Texas.
(E) LONGLEAF RIDGE- Certain lands in the Angelina National Forest,
Jasper and Angelina Counties, Texas, comprising approximately 30,000 acres
bounded on the west by Upland Island Wilderness Area, on the south by the
Neches River, and on the northeast by Sam Rayburn Reservoir, generally
known as `Longleaf Ridge'.
(F) UPPER ANGELINA RIVER AREA- Certain lands in the Angelina National
Forest known as the `Upper Angelina River Area', totaling approximately
6,110 acres, within forest compartments 107, 108, 109, and 110, situated
above both sides of the Angelina River just east of US Route 59,
approximately 10 miles north of Lufkin in Angelina County, Texas.
(A) GLASTENBURY AREA- Certain lands in the Green Mountain National
Forest in Vermont, which comprise approximately 35,000 acres, located 3
miles northeast of Bennington, bounded by Kelly Stand Road to the North,
Forest Road 71 to the east, Route 9 to the south and Route 7 to the west,
generally known as the `Glastenbury Area'.
(B) LAMB BROOK- Certain lands in the Green Mountain National Forest in
Vermont, which comprise approximately 5,500 acres, located 3 miles
southwest of Wilmington, bounded on the west and south by Routes 8 and
100, on the north by Route 9, and on the east by New England Power Company
lands, generally known as `Lamb Brook'.
(C) ROBERT FROST MOUNTAIN AREA- Certain lands in the Green Mountain
National Forest, Vermont, comprising approximately 8,500 acres, known as
`Robert Frost Mountain Area', northeast of Middlebury, consisting of the
Forest Service lands bounded on the west by Route 116, on the north by
Bristol Notch Road, on the east by Lincoln/Ripton Road and on the south by
Route 125.
(A) BEAR CREEK- Certain lands known as `Bear Creek', in the Jefferson
National Forest, Wythe Ranger District, north of Rural Retreat, Smyth and
Wythe Counties, Virginia.
(B) CAVE SPRINGS- Certain lands known as `Cave Springs' in the
Jefferson National Forest, Clinch Ranger District, comprising
approximately 3,000 acres located between State Route 621 and the North
Fork of the Powell River, Lee County, Virginia.
(C) DISMAL CREEK- Certain lands known as `Dismal Creek' totaling
approximately 6,000 acres in the Jefferson National Forest, Blacksburg
Ranger District, north of State Route 42, Giles and Bland Counties,
Virginia.
(D) ERNIE DICKERMAN RESERVE, VIRGINIA AREA- Certain lands in the
Deerfield and Dry River Ranger Districts of the George Washington National
Forest known as the `Ernie Dickerman Reserve, Virginia Area', totaling
approximately 60,000 acres. The reserve is bounded by State Route 924,
U.S. Route 250, FDR 96, FDR 101, and the portion of FDR 95 which connects
FDR 101 and FDR 96, in Augusta, Highland, and Rockingham Counties,
Virginia.
(E) FEATHERCAMP- Certain lands located in the Mt. Rodgers Recreation
Area of the Jefferson National Forest, comprising 4,974 acres, known as
`Feathercamp', in Washington County, Virginia, located northeast of the
town of Damascus and north of State Route 58 on the Feathercamp
ridge.
(F) STONE COAL CREEK- Certain lands known as `Stone Coal Creek',
totaling approximately 2,000 acres in the Jefferson National Forest, New
Castle Ranger District, Craig and Botetourt Counties, Virginia.
(G) WHITE OAK RIDGE: TERRAPIN MOUNTAIN- Certain lands known as `White
Oak
Ridge--Terrapin Mountain', totaling approximately 8,000 acres, Glenwood
Ranger District of the Jefferson National Forest, east of the Blue Ridge
Parkway, Botetourt and Rockbridge Counties, Virginia.
(H) WHITETOP MOUNTAIN- Certain lands in the Jefferson National Forest,
Mt. Rodgers Recreation Area, comprising 3,500 acres in Washington, Smyth
and Grayson Counties, Virginia, known as `Whitetop Mountain'.
(I) WILSON MOUNTAIN- Certain lands known as `Wilson Mountain',
comprising approximately 5,100 acres in the Jefferson National Forest,
Glenwood Ranger District, east of Interstate 81, Botetourt and Rockbridge
Counties, Virginia.
(25) WEST VIRGINIA: ERNIE DICKERMAN RESERVE, WEST VIRGINIA AREA- Certain
lands in the Dry River Ranger District of the George Washington National
Forest known as the `Ernie Dickerman Reserve, West Virginia Area', totaling
approximately 8,000 acres. The reserve is bounded by State Route 25, State
Route 32, and the George Washington National Forest boundary, in Pendleton
County, West Virginia.
(A) FLYNN LAKE- Certain lands in the Chequamegon National Forest,
Washburn Ranger District, totaling approximately 5,700 acres within the
Flynn Lake Semi-primitive Non-motorized Area, known as `Flynn Lake'. The
site is located in Bayfield County, Wisconsin.
(B) GHOST LAKE CLUSTER- Certain lands in the Chequamegon National
Forest, Great Divide Ranger District, totaling approximately 6,000 acres,
known as `Ghost Lake Cluster' and including parcels known as Ghost Lake,
Perch Lake, Lower Teal River, Foo Lake, and Bulldog Springs. The cluster
is located in Sawyer County, Wisconsin.
(C) LAKE OWENS CLUSTER- Certain lands in the Chequamegon National
Forest, Great Divide and Washburn Ranger Districts, totaling approximately
3,600 acres, known as `Lake Owens Cluster' and including parcels known as
or near Lake Owens, Sage, Hidden, and Deer Lick Lakes, Eighteenmile Creek,
and Northeast and Sugarbush Lakes. The Cluster is in Bayfield County,
Wisconsin.
(D) MEDFORD CLUSTER- Certain lands in the Chequamegon National Forest,
Medford-Park Falls Ranger District, totaling approximately 23,000 acres,
known as the `Medford Cluster', and including parcels known as County E
Hardwoods, Silver Creek/Mondeaux River Bottoms, Lost Lake Esker, North and
South Fork Yellow Rivers, Bear Creek, Brush Creek, Chequamegon Waters,
John's and Joseph Creeks, Hay Creek Pine-Flatwoods, 558 Hardwoods, Richter
Lake, and Lower Yellow River. The Cluster is located in Taylor County,
Wisconsin.
(E) PARK FALLS CLUSTER- Certain lands in the Chequamegon National
Forest, Medford-Park Falls Ranger District, totaling approximately 23,000
acres, known as `Park Falls Cluster', and including parcels known as
Sixteen Lakes, Chippewa Trail, Tucker and Amik Lakes, Lower Rice Creek,
Doering Tract, Foulds Creek, Bootjack Conifers, Pond, Mud and Riley Lake
Peatlands, Little Willow Drumlin, and Elk River. The Cluster is located in
Price and Vilas Counties, Wisconsin.
(F) PENOKEE MOUNTAIN CLUSTER- Certain lands in the Chequamegon
National Forest, Great Divide Ranger District, totaling approximately
23,000 acres, known as `Penokee Mountain Cluster', and including parcels
known as or near St. Peters Dome, Brunsweiler River Gorge, Lake Three,
Marengo River and Brunsweiler River Semi-primitive Non-motorized Areas,
Hell Hole Creek, and the North Country Trail Hardwoods. The Cluster is
located in Ashland and Bayfield Counties, Wisconsin.
(G) SOUTHEAST GREAT DIVIDE CLUSTER- Certain lands in the Chequamegon
National Forest, Medford Park Falls Ranger District, totaling
approximately 25,000 acres, known as the `Southeast Great Divide Cluster',
and including parcels known as or near Snoose Lake, Cub Lake, Springbrook
Hardwoods, upper Moose River, East Fork Chippewa River, upper Torch River,
Venison Creek, upper Brunet River, Bear Lake Slough, and Noname Lake. The
Cluster is located in Ashland and Sawyer Counties, Wisconsin.
(H) DIAMOND ROOF CLUSTER- Certain lands in the Nicolet National
Forest, Lakewood-Laona Ranger District, totaling approximately 6,000
acres, known as `Diamond Roof Cluster', including parcels known as
McCaslin Creek, Ada Lake, Section 10 Lake, and Diamond Roof. The Cluster
is located in Forest, Langlade and Oconto Counties, Wisconsin.
(I) ARGONNE FOREST CLUSTER- Certain lands in the Nicolet National
Forest, Eagle River-Florence Ranger District, totaling approximately
12,000 acres, known as `Argonne Forest Cluster', and including parcels
known as Argonne Experimental Forest, Scott Creek, Atkins Lake, and Island
Swamp. The Cluster is located in Forest County, Wisconsin.
(J) BONITA GRADE- Certain lands in the Nicolet National Forest,
Lakewood-Laona Ranger District, totaling approximately 1,200 acres, known
as `Bonita Grade', and including parcels near Mountain Lakes, Temple Lake,
and Second South Branch, First South Branch, and South Branch Oconto
River. The Cluster is located in Langlade County, Wisconsin.
(K) FRANKLIN AND BUTTERNUT LAKES CLUSTER- Certain lands in the Nicolet
National Forest, Eagle River-Florence Ranger District, totaling
approximately 12,000 acres, known as `Franklin and Butternut Lakes
Cluster', and including parcels known as Bose Lake Hemlocks, Luna White
Deer, Echo Lake, Franklin and Butternut Lakes, Wolf Lake, Upper Ninemile,
Meadow, and Bailey Creeks. The Cluster is located in Forest and Oneida
Counties, Wisconsin.
(L) LAUTERMAN LAKE AND KIEPER CREEK- Certain lands in the Nicolet
National Forest, Eagle River-Florence Ranger District, totaling
approximately 2,500 acres, known as `Lauterman Lake and Kieper Creek',
located in Florence County, Wisconsin.
(27) WYOMING: SAND CREEK AREA- Certain lands in the Black Hills National
Forest, totaling approximately 8,300 acres known as the `Sand Creek area',
located in Crook County, Wyoming. This area is situated in the far northwest
corner of the Black Hills. Beginning in the northwest corner and proceeding
counterclockwise, the boundary for the Sand Creek Area roughly follows
forest Roads 863, 866, 866.1B, a line linking 866.1B to 802.1B, 802.1B,
802.1, an unnamed road, Spotted Tail Creek (excluding all private lands),
8219.1, a line connecting 829.1 with 864, 852.1 and a line connecting 852.1
with 863.
(d) COMMITTEE OF SCIENTISTS-
(1) ESTABLISHMENT- The Secretaries concerned shall appoint a committee
consisting of scientists who--
(A) are not officers or employees of the Federal Government;
(B) are not officers or employees of any entity engaged in whole or in
part in the production of wood or wood products; and
(C) have not contracted with or represented any such entities within a
5-year period prior to serving on the committee.
(2) RECOMMENDATIONS FOR ADDITIONAL SPECIAL AREAS- Within 2 years of the
date of the enactment of this Act, the committee shall provide Congress with
recommendations for additional Special Areas.
(3) CANDIDATE AREAS- Candidate areas for recommendation as additional
Special Area shall have outstanding biological values that are exemplary on
a local, regional, or national level. Biological values include--
(A) the presence of threatened or endangered species of plants or
animals;
(B) rare or endangered ecosystems;
(C) key habitats necessary for the recovery of endangered 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.
(4) GOVERNING PRINCIPLE- The committee shall adhere to the principles of
conservation biology in identifying Special Areas based on biological
values.
SEC. 203. RESTRICTIONS ON MANAGEMENT ACTIVITIES IN ANCIENT FORESTS, ROADLESS
AREAS, WATERSHED PROTECTION AREAS, AND SPECIAL AREAS.
(a) RESTRICTION OF MANAGEMENT ACTIVITIES IN ANCIENT FORESTS- With respect
to Ancient Forests on Federal lands, the following prohibitions shall
apply:
(1) No roads shall be constructed or reconstructed.
(2) No extractive logging shall be permitted.
(3) No improvements for the purpose of extractive logging shall be
permitted.
(b) RESTRICTION OF MANAGEMENT ACTIVITIES IN ROADLESS AREAS- With respect
to Roadless Areas on Federal lands except military installations, the
following prohibitions shall apply:
(1) No roads shall be constructed or reconstructed.
(2) No extractive logging shall be permitted.
(3) No improvements for the purpose of extractive logging shall be
permitted.
(c) RESTRICTION OF MANAGEMENT ACTIVITIES IN WATERSHED PROTECTION AREAS-
With respect to Watershed Protection Areas on Federal lands except military
installations, the following prohibitions shall apply:
(1) No roads shall be constructed or reconstructed.
(2) No extractive logging shall be permitted except in the case of
non-native invasive tree species.
(3) No improvements for the purpose of extractive logging shall be
permitted.
(d) RESTRICTION OF MANAGEMENT ACTIVITIES IN SPECIAL AREAS- With respect to
Special Areas on Federal lands, the following prohibitions shall apply:
(1) No roads shall be constructed or reconstructed.
(2) No extractive logging shall be permitted except in the case of
non-native invasive tree species.
(3) No improvements for the purpose of extractive logging shall be
permitted.
(e) MAINTENANCE OF EXISTING ROADS- The restrictions in this section on the
reconstruction of roads on Federal lands in Ancient Forests, Roadless Areas,
Watershed Protection Areas, and Special Areas do not prohibit the maintenance
of an improved road, or any road accessing private inholdings, with the
exception that any roads which the Secretary concerned determines to have been
abandoned before the enactment of this Act shall not be maintained or
reconstructed.
(1) PURPOSE AND FINDING- The purpose of this subsection is to foster the
widest possible enforcement of this section. Congress finds that all people
of the United States are injured by actions on lands to which this section
applies.
(2) FEDERAL ENFORCEMENT- The provisions of this section shall be
enforced by the Secretary concerned and the Attorney General of the United
States against any person who violates this section.
(3) CITIZEN SUITS- Any citizen harmed by a violation of this Act may
enforce any provision of this section by bringing an action for declaratory
judgment, temporary restraining order, injunction, statutory damages, and
other remedies against any alleged violator including the United States, in
any district court of the United States.
(4) STANDARD OF PROOF- The standard of proof in all actions brought
under this subsection shall be the preponderance of the evidence and the
trial shall be de novo.
(5) DAMAGE AWARD- The court, after determining a violation of this
section, shall impose a damage award of not less than $5,000, shall issue
one or more injunctions and other equitable relief, and shall award to the
plaintiffs reasonable costs of the litigation, including attorney's fees,
witness fees, and other necessary expenses. The damage award shall be paid
by the violator or violators designated by the court to the United States
Treasury. The damage award shall be paid from the United States Treasury, as
provided by Congress under section 1304 of title 31, United States Code,
within 40 days after judgment to the person or persons designated to receive
it, to be applied in protecting or restoring native biodiversity in or
adjoining Federal land. Any award of costs of litigation and any award of
attorney fees shall be paid within 40 days after judgment.
(6) WAIVER- The United States, including its agents and employees,
waives its sovereign immunity in all respects in all actions under this
subsection. No notice is required to enforce this subsection.
END