S 1368 IS

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 land, and to designate certain Federal land as ancient forests, roadless areas, watershed protection areas, special areas, and Federal boundary areas where logging and other intrusive activities are prohibited.

July 14, 1999

Mr. TORRICELLI (for himself, Mr. KERRY, and Mr. CLELAND) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

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 land, and to designate certain Federal land as ancient forests, roadless areas, watershed protection areas, special areas, and Federal boundary areas where logging and other intrusive activities are prohibited.

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. Findings and purposes.

TITLE I--LAND MANAGEMENT

Sec. 101. Committee of scientists.

Sec. 102. Administration and management.

Sec. 103. Conforming amendments.

TITLE II--PROTECTION FOR ANCIENT FORESTS, ROADLESS AREAS, WATERSHED PROTECTION AREAS, SPECIAL AREAS, AND FEDERAL BOUNDARY AREAS

Sec. 201. Findings.

Sec. 202. Definitions.

Sec. 203. Designation of special areas.

Sec. 204. Restrictions on management activities in ancient forests, roadless areas, watershed protection areas, special areas, and Federal boundary areas.

TITLE III--EFFECTIVE DATE

Sec. 301. In general.

Sec. 302. Effect on existing contracts.

SEC. 2. FINDINGS AND PURPOSES.

(a) FINDINGS- Congress finds that--

(1) Federal agencies that engage in even-age logging practices include the Forest Service, the United States Fish and Wildlife Service, the Bureau of Land Management, the Bureau of Indian Affairs, and the Departments of the Army, Navy, and Air Force;

(2) even-age logging causes substantial alterations in native biodiversity by--

(A) emphasizing the production of a limited number of commercial species, and often only a single species, of trees on each site;

(B) manipulating the vegetation toward greater relative density of the commercial species;

(C) suppressing competing species; and

(D) requiring the planting, on numerous sites, of a commercial strain of the species that reduces the relative diversity of other genetic strains of the species that were traditionally located on the same sites;

(3) even-age logging--

(A) frequently leads to the death of immobile species and the very young of mobile species of wildlife; and

(B) depletes the habitat of deep-forest species of animals, including endangered species and threatened species;

(4) even-age logging--

(A) exposes the soil to direct sunlight and the impact of precipitation;

(B) disrupts the soil surface;

(C) compacts organic layers; and

(D) disrupts the run-off restraining capabilities of roots and low-lying vegetation, resulting in soil erosion, the leaching of nutrients, a reduction in the biological content of soil, and the impoverishment of soil;

(5) all of the consequences described in paragraph (4) have a long-range deleterious effect on all land resources, including timber production;

(6) even-age logging aggravates global warming by--

(A) decreasing the capability of the soil to retain carbon; and

(B) during the critical periods of felling and site preparation, reducing the capacity of the biomass to process and to store carbon, with a resultant loss of stored carbon to the atmosphere;

(7) even-age logging renders soil increasingly sensitive to acid deposits by causing a decline of soil wood and coarse woody debris;

(8) a decline of solid wood and coarse woody debris reduces the capacity of soil to retain water and nutrients, which in turn increases soil heat and impairs soil's ability to maintain protective carbon compounds on the soil surface;

(9) even-age logging results in--

(A) increased stream sedimentation and the silting of stream bottoms;

(B) a decline in water quality;

(C) the impairment of life cycles and spawning processes of aquatic life from benthic organisms to large fish; and

(D) as a result of the effects described in subparagraphs (A) through (C), a depletion of the sport and commercial fisheries of the United States;

(10) even-age logging increases harmful secondary effects, including blowdowns, invasions by weed species, and heavier losses to predators and competitors;

(11) by reducing the number of deep, canopied, variegated, permanent forests, even-age logging--

(A) limits areas where the public can satisfy an expanding need for recreation; and

(B) decreases the recreational value of land;

(12) even-age logging replaces forests described in paragraph (11) with a surplus of clearings that grow into relatively impenetrable thickets of saplings, and then into monoculture tree plantations;

(13) 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;

(14) alteration of native biodiversity has serious consequences for human welfare, as demonstrated by the irretrievable loss to the United States of resources for research and agricultural, medicinal, and industrial development;

(15) 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;

(16) the negative impact of even-age logging on the natural resources of the United States and the quality of life of the people of the United States is substantial, severe, and avoidable;

(17) by substituting selection management, as prescribed in this Act, for the even-age system, the Federal agencies with jurisdiction over even-age logging would substantially reduce devastation to the environment and improve the quality of life of the people of the United States;

(18) by protecting native biodiversity, as prescribed in this Act, Federal agencies would maintain vital native ecosystems and improve the quality of life of the people of the United States;

(19) selection logging--

(A) is more job intensive, and therefore provides more employment than even-age logging to manage the same quantity of timber production; and

(B) produces higher quality sawlogs than even-age logging; and

(20) the court remedies 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.

(b) PURPOSES- The purposes of this Act are, on all Federal land, to conserve native biodiversity and 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, special areas, and Federal boundary areas.

TITLE I--LAND MANAGEMENT

SEC. 101. COMMITTEE OF SCIENTISTS.

Section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604) is amended by striking subsection (h) and inserting the following:

`(h) COMMITTEE OF SCIENTISTS-

`(1) IN GENERAL- To carry out subsection (g), the Secretary shall appoint a committee composed of scientists that--

`(A) are not officers or employees of the Forest Service, of any other public entity, or of any entity engaged in whole or in part in the production of wood or wood products; and

`(B) have not contracted with or represented any entity described in subparagraph (A) during the 5-year period ending on the date of the proposed appointment to the committee.

`(2) DUTIES- 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 promote an effective interdisciplinary approach to forestry and native biodiversity.

`(3) TERMINATION- The committee shall terminate on the date that is 10 years after the date of enactment of the Act to Save America's Forests.'

SEC. 102. ADMINISTRATION AND MANAGEMENT.

The Forest and Rangeland Renewable Resources Planning Act of 1974 is amended by adding after section 6 (16 U.S.C. 160l-8) the following:

`SEC. 6A. CONSERVATION OF NATIVE BIODIVERSITY.

`(a) APPLICABILITY- This section applies to the administration and management of--

`(1) National Forest System land, under this Act;

`(2) Federal land, under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);

`(3) National Wildlife Refuge System land, under the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.);

`(4) Indian land, under the National Indian Forest Resources Management Act (25 U.S.C. 3101 et seq.); and

`(5) military land, under chapter 159 of title 10, United States Code.

`(b) NATIVE BIODIVERSITY IN FORESTED AREAS- The Secretary shall provide for the conservation or restoration of native biodiversity in each stand and each watershed throughout each forested area, except during the extraction stage of authorized mineral development or during authorized construction projects, in which cases the Secretary shall conserve native biodiversity to the maximum extent practicable.

`(c) RESTRICTION ON USE OF CERTAIN LOGGING PRACTICES-

`(1) DEFINITIONS- In this subsection:

`(A) AGE DIVERSITY- The term `age diversity' means the naturally occurring range and distribution of age classes within a given species.

`(B) BASAL AREA- 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.

`(C) CLEARCUTTING- The term `clearcutting' means an even-age logging operation that removes all of the trees over a substantial portion of a stand at 1 time, as determined by the Secretary.

`(D) CONSERVATION- The term `conservation' means protective measures for maintaining 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 practicable in abundances and distributions that provide for their continued existence and normal functioning, including the viability of populations throughout their natural geographic distributions.

`(E) EVEN-AGE LOGGING OPERATION-

`(i) IN GENERAL- The term `even-age logging operation' means any logging activity that--

`(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) INCLUSION- The term `even-age logging operation' includes the application of clearcutting, seed-tree cutting, shelterwood cutting, or any other logging method in a manner inconsistent with selection management.

`(F) GENETIC DIVERSITY- The term `genetic diversity' means the differences in genetic composition within and among populations of a species.

`(G) NATIVE BIODIVERSITY-

`(i) IN GENERAL- The term `native biodiversity' means--

`(I) the full range of variety and variability within and among living organisms; and

`(II) the ecological complexes in which the living organisms would have occurred in the absence of significant human impact.

`(ii) INCLUSIONS- The term `native biodiversity' includes diversity--

`(I) within a species (including genetic diversity, species diversity, and age diversity);

`(II) within a community of species;

`(III) between communities of species;

`(IV) within a total area, such as a watershed;

`(V) along a vertical plane from ground to sky, including application of the plant to all the other types of diversity; and

`(VI) along the horizontal plane of the earth-surface, including application of the plane to all the other types of diversity.

`(H) SEED-TREE CUT- 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.

`(I) SELECTION MANAGEMENT-

`(i) IN GENERAL- The term `selection management' means--

`(I) a method of logging that emphasizes the periodic removal of trees, including mature, undesirable, and cull trees, in a manner that ensures--

`(aa) the maintenance of continuous high forest cover where high forest cover naturally occurs;

`(bb) the maintenance or natural regeneration of all native species in a stand; and

`(cc) the growth and development of trees through a range of diameter or age classes to provide a sustained yield of forest products; and

`(II) cutting methods that develop and maintain selection stands, including--

`(aa) 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

`(bb) group selection, in which small groups of trees are selected and logged.

`(ii) EXCLUSION-

`(I) IN GENERAL- Subject to subclause (II), the term `selection management' does not include an even-age logging operation.

`(II) FELLING AGE; NATIVE BIODIVERSITY- Subclause (I) does not--

`(aa) establish a 150-year projected felling age as the standard at which individual trees in a stand are to be cut; or

`(bb) limit native biodiversity to that which occurs within the context of a 150-year projected felling age.

`(J) SHELTERWOOD CUT- The term `shelterwood cut' means an even-age logging operation that leaves--

`(i) a minority of the stand (larger than a seed-tree cut) as a seed source; or

`(ii) a protection cover remaining standing for any period of time.

`(K) SPECIES DIVERSITY- The term `species diversity' means the richness and variety of native species in a particular location.

`(L) STAND- The term `stand' means a biological community of not to exceed 100 acres with enough identity by location, topography, or dominant species to be managed as a unit.

`(M) TIMBER PURPOSES-

`(i) IN GENERAL- The term `timber purposes' means the use, sale, lease, or distribution of trees, including the felling of trees or portions of trees.

`(ii) EXCEPTION- The term `timber purposes' does not include the felling of trees of portions of trees to create land space for a structure or other use.

`(N) WITHIN-COMMUNITY DIVERSITY- 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 locations.

`(2) PROHIBITION OF EVEN-AGE LOGGING OPERATIONS- Even-age logging operations shall be prohibited in each stand and watershed throughout each forested area.

`(3) NATIVE BIODIVERSITY- On each stand on which an even-age logging operation has been

conducted on or before the date of enactment of this subsection, the Secretary shall--

`(A) prescribe a shift to selection management; or

`(B) cease managing the stand for timber purposes, in which case the Secretary shall--

`(i) undertake an active restoration of the native biodiversity of the stand; or

`(ii) permit the stand to regain native biodiversity.

`(4) ENFORCEMENT-

`(A) FEDERAL ENFORCEMENT- The Secretary of Agriculture and the Attorney General shall enforce the provisions of subsection (g)(3)(B) and this subsection against any person that violates 1 or more of the provisions.

`(B) CITIZEN SUITS-

`(i) IN GENERAL- A citizen harmed by a violation of subsection (g)(3)(B) or this subsection may bring an action for a declaratory judgment, a temporary restraining order, an injunction, statutory damages, or other remedy against any alleged violator, including the United States, in any district court of the United States.

`(ii) JUDICIAL RELIEF- If a district court of the United States determines that a violation of subsection (g)(3)(B) or this subsection has occurred, the district court--

`(I) shall impose a damage award of not less than $5,000;

`(II) may issue 1 or more injunctions or other forms of equitable relief; and

`(III) shall award to each prevailing party the reasonable costs of bringing the action, including attorney's fees, witness fees, and other necessary expenses.

`(iii) STANDARD OF PROOF- The standard of proof in all actions under this subparagraph shall be the preponderance of the evidence.

`(iv) TRIAL- A trial for any action under this subsection shall be de novo.

`(C) PAYMENT OF DAMAGES-

`(i) NON-FEDERAL VIOLATOR- A damage award under subparagraph (B)(ii) shall be paid to the Treasury by a non-Federal violator or violators designated by the court.

`(ii) FEDERAL VIOLATOR-

`(I) IN GENERAL- Not later than 40 days after the date on which judgment is rendered, a damage award under subparagraph (B)(ii) for which the United States is determined to be liable shall be paid from the Treasury, as provided under section 1304 of title 31, United States Code, to the person or persons designated to receive the damage award.

`(II) USE OF DAMAGE AWARD- A damage award described under subclause (I) shall be used by the recipient to protect or restore native biodiversity on Federal land or on land adjoining Federal land.

`(III) COURT COSTS- Any award of costs of litigation and any award of attorney fees shall be paid by a Federal violator not later than 40 days after the date on which judgment is rendered.

`(F) WAIVER OF SOVEREIGN IMMUNITY-

`(i) IN GENERAL- The United States (including agents and employees of the United States) waives its sovereign immunity in all respects in all actions under subsection (g)(3)(B) and this subsection.

`(ii) NOTICE- No notice is required to enforce this subsection.'.

SEC. 103. CONFORMING AMENDMENTS.

Section 6(g)(3) of the Forest and Rangeland Renewable Resource Planning Act of 1974 (16 U.S.C. 1604(g)(3)) is amended--

(1) in subparagraph (D), by inserting `and' after the semicolon at the end;

(2) in subparagraph (E), by striking `; and' and inserting a period; and

(3) by striking subparagraph (F).

TITLE II--PROTECTION FOR ANCIENT FORESTS, ROADLESS AREAS, WATERSHED PROTECTION AREAS, SPECIAL AREAS, AND FEDERAL BOUNDARY AREAS

SEC. 201. FINDINGS.

Congress finds that--

(1) unfragmented forests on Federal land, unique and valuable assets to the general public, are damaged by extractive logging;

(2) less than 10 percent of the original unlogged forests of the United States remain, and the vast majority of the remnants of the original forests of the United States are located on Federal land;

(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 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 land are carried out at enormous financial costs to the Treasury and taxpayers of the United States;

(8) 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) large unfragmented forests, contained in large part on roadless areas on Federal land, 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 land are valuable to the public of the United States and are damaged by extractive logging;

(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 land are considered sacred sites by native peoples;

(20) ecological, economic, and aesthetic values on private property are damaged by logging and road building in Federal boundary areas; and

(21) as a legacy for the enjoyment, knowledge, and well-being of future generations, provisions must be made for the protection and perpetuation of the ancient forests, roadless areas, watershed protection areas, special areas, and Federal boundary areas of the United States.

SEC. 202. DEFINITIONS.

In this title:

(1) ANCIENT FOREST- The term `ancient forest' means--

(A) the northwest ancient forest, including--

(i) Federal land identified as late-successional reserves, riparian reserves, and key watersheds under the heading

`Alternative 1' of the report entitled `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.', and dated February 1994; and

(ii) Federal land identified by the term `medium and large conifer multi-storied, canopied forests' as defined in the report described in clause (i);

(B) the eastside Cascade ancient forest, including--

(i) Federal land 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 report 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 land east of the Cascade crest in the States of Oregon and Washington, defined as `late successional and old-growth forests' in the general definition on page 28 of the report described in clause (i); and

(iii) Federal land classified as `Oregon Aquatic Diversity Areas', as defined in the report described in clause (i); and

(C) the Sierra Nevada ancient forest, including--

(i) Federal land identified as `Areas of Late-Successional Emphasis (ALSE)' in the report 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 land identified as `Late-Succession/Old-Growth Forests Rank 3, 4 or 5' in the report described in clause (i); and

(iii) Federal land identified as `Potential Aquatic Diversity Management Areas' on the map on page 1497 of the report described in clause (i).

(2) EXTRACTIVE LOGGING- The term `extractive logging' means the cutting or removal of any trees from Federal forest land for any purpose.

(3) FEDERAL BOUNDARY AREA- The term `Federal boundary area' means land that is--

(A) managed by the Forest Service, the Bureau of Land Management, or the United States Fish and Wildlife Service; and

(B) located within 200 feet of a property line.

(4) IMPROVED ROAD- The term `improved road' means any road maintained for travel by standard passenger type vehicles.

(5) ROADLESS AREA- The term `roadless area' means a contiguous parcel of Federal land that is--

(A) devoid of improved roads, except as provided in subparagraph (B); and

(B) composed of--

(i) at least 1,000 acres west of the 100th meridian (with up to 1/2 mile of improved roads per 1,000 acres);

(ii) at least 1,000 acres east of the 100th meridian (wiht up to 1/2 mile of improved roads per 1,000 acres); or

(iii) less than 1,000 acres, but share a border that is not an improved road with a wilderness area, primitive area, or wilderness study area.

(6) SECRETARY CONCERNED- The term `Secretary concerned' means the head of each Federal agency having jurisdiction over Federal land included in an ancient forest, roadless area, watershed protection area, special area, or Federal boundary area.

(7) SPECIAL AREA- The term `special area' means a certain area of Federal forest land designated under section 3 that may not meet the definition of an ancient forest, roadless area, watershed protection area, or Federal boundary area, but that--

(A) possesses outstanding biological, scenic, recreational, or cultural values; and

(B) is exemplary on a regional, national, or international level.

(8) WATERSHED PROTECTION AREA- The term `watershed protection area' means Federal land that extends--

(A) 300 feet from both sides of the active stream channel of any permanently flowing stream or river;

(B) 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) 300 feet from the edge of the maximum level of any natural lake or pond; or

(D) 150 feet from the edge of the maximum level of a constructed lake, pond, or reservoir, or a natural or constructed wetland.

SEC. 203. DESIGNATION OF SPECIAL AREAS.

(a) IN GENERAL-

(1) FINDING- A special area shall possess at least 1 of the values described in paragraphs (2) through (5).

(2) BIOLOGICAL VALUES- The biological values of a special area may include the presence of--

(A) threatened species or endangered species of plants or animals;

(B) rare or endangered ecosystems;

(C) key habitats necessary for the recovery of endangered species or threatened species;

(D) recovery or restoration areas of rare or underrepresented forest ecosystems;

(E) migration corridors;

(F) areas of outstanding biodiversity;

(G) old growth forests;

(H) commercial fisheries; and

(I) sources of clean water such as key watersheds.

(3) SCENIC VALUES- The scenic values of a special area may include the presence of--

(A) unusual geological formations;

(B) designated wild and scenic rivers;

(C) unique biota; and

(D) vistas.

(4) RECREATIONAL VALUES- The recreational values of a special area may include the presence of--

(A) designated national recreational trails or recreational areas;

(B) areas that are popular for such recreation and sporting activities as--

(i) hunting;

(ii) fishing;

(iii) camping;

(iv) hiking;

(v) aquatic recreation; and

(vi) winter recreation;

(C) Federal land in regions that are underserved in terms of recreation;

(D) land adjacent to designated wilderness areas; and

(E) solitude.

(5) CULTURAL VALUES- The cultural values of a special area may include the presence of--

(A) sites with Native American religious significance; and

(B) historic or prehistoric archaeological sites eligible for listing on the national historic register.

(b) SIZE VARIATION- A special area may vary in size to encompass the outstanding biological, scenic, recreational, or cultural value or values to be protected.

(c) DESIGNATION OF SPECIAL AREAS- There are designated the following special areas, which shall be subject to the management restrictions specified in section 204:

(1) ALABAMA: SIPSEY WILDERNESS- Certain land in the Bankhead National Forest in the State of Alabama, totaling 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'.

(2) ALASKA-

(A) TURNAGAIN ARM- Certain land in the Chugach National Forest, on the Kenai Peninsula in the State of Alaska, totaling approximately 100,000 acres, extending from sea level to ridgetop surrounding the inlet of Turnagain Arm, known as `Turnagain Arm'.

(B) HONKER DIVIDE- Certain land in the Tongass National Forest in the State of Alaska, totaling 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 land in the Kaibab National Forest in the State of Arizona that is included in the Grand Canyon Game Preserve, totaling 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'.

(4) ARKANSAS-

(A) COW CREEK DRAINAGE, ARKANSAS- Certain land in the Ouachita National Forest, Mena Ranger District, in Polk County, in the State of Arkansas, totaling approximately 7,000 acres, known as `Cow Creek Drainage, Arkansas', and bounded approximately--

(i) to the north, by County Road 95;

(ii) to the south, by County Road 157;

(iii) to the east, by County Road 48; and

(iv) to the west, by the Arkansas-Oklahoma border.

(B) LEADER AND BRUSH MOUNTAINS- Certain land in the Ouachita National Forest, in Montgomery and Polk Counties in the State of Arkansas, totaling approximately 120,000 acres, known as `Leader and Brush Mountains', 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 land in the Ouachita National Forest, Mena Ranger District, in the State of Arkansas, totaling 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 land in the Ozark National Forest, Sylamore Ranger District, totaling approximately 6,000 acres, including Forest Service land not already designated as Wilderness Areas, located in the watershed of Big Creek southwest of the Leatherwood Wilderness Area in Searcy and Marion Counties, Arkansas, and known as the `Lower Buffalo River Watershed'.

(E) UPPER BUFFALO RIVER WATERSHED- Certain land in the Ozark National Forest, Buffalo Ranger District, totaling approximately 220,000 acres, comprised of Forest Service land not already designated as Wilderness Areas, known as the `Upper Buffalo River Watershed', located approximately 35 miles from the town of Harrison, in Madison, Newton, and Searcy Counties, in the State of Arkansas, upstream of the confluence of the Buffalo River and Richland Creek in the watersheds of--

(i) the Buffalo River;

(ii) the various streams comprising the Headwaters of the Buffalo River;

(iii) Richland Creek;

(iv) Little Buffalo Headwaters;

(v) Edgmon Creek;

(vi) Big Creek; and

(vii) Cane Creek.

(5) CALIFORNIA: GIANT SEQUOIA PRESERVE- Certain land in the Sequoia and Sierra National Forests in the State of California, known as the `Giant Sequoia Preserve', comprised of 3 discontinuous parcels and approximately 442,425 acres, located in Fresno, Tulare, and Kern Counties in the Southern Sierra Nevada mountain range, including--

(A) the Kings River Unit (145,600 acres) and nearby Redwood Mountain Unit (11,730 acres), located approximately 25 miles east of the city of Fresno; and

(B) the South Unit (285,095 acres), located approximately 15 miles east of the city of Porterville.

(6) COLORADO: COCHETOPA HILLS- Certain land in the Gunnison Basin area in the State of Colorado, known as the `Cochetopa Hills', administered by the Gunnison, Grand Mesa, Uncompahgre, and Rio Grand National Forests, totaling approximately 500,000 acres, spanning the continental divide south and east of the city of Gunnison in Saguache County in the State of Colorado, and including the--

(A) Elk and West Elk Mountains;

(B) Grand Mesa;

(C) Uncompahgre Plateau;

(D) northern San Juan Mountains;

(E) La Garitas Mountains; and

(F) Cochetopa Hills.

(7) GEORGIA-

(A) ARMUCHEE CLUSTER- Certain land in the Chattahoochee National Forest,

Armuchee Ranger District, known as the `Armuchee Cluster', totaling approximately 19,700 acres, comprised of 3 parcels known as Rocky Face, Johns Mountain and Hidden Creek, located approximately 10 miles southwest of Dalton and 14 miles north of Rome, in Whitfield, Walker, Chattooga, Floyd, and Gordon Counties, in the State of Georgia.

(B) BLUE RIDGE CORRIDOR CLUSTER, GEORGIA AREAS- Certain land in the Chattahoochee National Forest, Chestatee Ranger District, totaling approximately 15,000 acres, known as the `Blue Ridge Corridor Cluster, Georgia Areas', comprised of 5 parcels known as Horse Gap, Hogback Mountain, Blackwell Creek, Little Cedar Mountain, and Black Mountain, located approximately 15 to 20 miles north of the town of Dahlonega, and Union and Lumpkin Counties, in the State of Georgia.

(C) CHATTOOGA WATERSHED CLUSTER, GEORGIA AREAS- Certain land in the Chattahoochee National Forest, Tallulah Ranger District, totaling 63,500 acres, known as the `Chattooga Watershed Cluster, Georgia Areas', comprised of 7 areas known as Rabun Bald, Three Forks, Ellicott Rock Extension, Rock Gorge, Big Shoals, Thrift's Ferry, and Five Falls, located in Rabun County, Georgia near the towns of Clayton, in the State of Georgia, near the town of Dillard, South Carolina.

(D) COHUTTA CLUSTER- Certain land in the Chattahoochee National Forest, Cohutta Ranger District, totaling approximately 28,000 acres, known as the `Cohutta Cluster', comprised of 4 parcels known as Cohuttta Extensions, Grassy Mountain, Emery Creek, and Mountaintown, and located near the towns of Chatsworth and Ellijay, in Murray, Fannin, and Gilmer Counties, in the State of Georgia.

(E) DUNCAN RIDGE CLUSTER- Certain land in the Chattahoochee National Forest, Brasstown and Toccoa Ranger Districts, totaling approximately 17,000 acres, known as the `Duncan Ridge Cluster', comprised of the parcels known as Licklog Mountain, Duncan Ridge, Board Camp, and Cooper Creek Scenic Area Extension, and located approximately 10 to 15 miles south of the town of Blairsville in Union and Fannin Counties, in the State of Georgia.

(F) ED JENKINS NATIONAL RECREATION AREA CLUSTER- Certain land in the Chattahoochee National Forest, Toccoa and Chestatee Ranger Districts, totaling approximately 19,300 acres, known as the `Ed Jenkins National Recreation Area Cluster', comprised of the Springer Mountain, Mill Creek, and Toonowee parcels, and located 30 miles north of the town of Dahlonega, in Fannin, Dawson, and Lumpkin Counties, in the State of Georgia.

(G) GAINESVILLE RIDGES CLUSTER- Certain land in the Chattahoochee National Forest, Chattooga Ranger District, totaling approximately 14,200 acres, known as the `Gainesville Ridges Cluster', comprised of 3 parcels known as Panther Creek, Tugaloo Uplands, and Middle Fork Broad River, and located approximately 10 miles from the town of Toccoa, in Habersham and Stephens Counties, in the State of Georgia.

(H) NORTHERN BLUE RIDGE CLUSTER, GEORGIA AREAS- Certain land in the Chattahoochee National Forest, Brasstown and Tallulah Ranger Districts, totaling approximately 46,000 acres, known as the `Northern Blue Ridge Cluster, Georgia Areas', comprised of 8 areas known as 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, and located approximately 5 to 15 miles north of Helen, 5 to 15 miles southeast of Hiawassee, north of Clayton, and west of Dillard, in White, Towns and Rabun Counties, in the State of Georgia.

(I) RICH MOUNTAIN CLUSTER- Certain land in the Chattahoochee National Forest, Toccoa Ranger District, totaling approximately 9,500 acres, known as the `Rich Mountain Cluster', comprised of the parcels known as Rich Mountain Extension and Rocky Mountain, located 10 to 15 miles northeast of the town of Ellijay, in Gilmer and Fannin Counties, in the State of Georgia.

(J) WILDERNESS HEARTLANDS CLUSTER, GEORGIA AREAS- Certain land in the Chattahoochee National Forest, Chestatee, Brasstown and Chattooga Ranger Districts, totaling approximately 16,500 acres, known as the `Wilderness Heartlands Cluster, Georgia

Areas', comprised of 4 parcels known as the Blood Mountain Extensions, Raven Cliffs Extensions, Mark Trail Extensions, and Brasstown Extensions, and located near the towns of Dahlonega, Cleveland, Helen, and Blairsville, in Lumpkin, Union, White, and Towns Counties, in the State of Georgia.

(8) IDAHO-

(A) COVE/MALLARD- Certain land in the Nez Perce National Forest in the State of Idaho, totaling approximately 94,000 acres, located approximately 30 miles southwest of the town of Elk City, and west of the town of Dixie, in the area generally known as `Cove/Mallard'.

(B) MEADOW CREEK- Certain land in the Nez Perce National Forest in the State of Idaho, totaling 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 land in the Payette National Forest in the State of Idaho, totaling approximately 141,000 acres, located approximately 20 miles north of the town of McCall in the area generally known as `French Creek/Patrick Butte'.

(9) ILLINOIS-

(A) CRIPPS BEND- Certain land in the Shawnee National Forest in the State of Illinois, totaling approximately 39 acres, located in Jackson County in the Big Muddy River watershed, in the area generally known as `Cripps Bend'.

(B) OPPORTUNITY AREA 6- Certain land in the Shawnee National Forest in the State of Illinois, totaling 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 land in the Shawnee National Forest in the State of Illinois, totaling 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 land 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, in Ontonagon County, in the State of Michigan.

(11) MINNESOTA-

(A) TROUT LAKE AND SUOMI HILLS- Certain land in the Chippewa National Forest, totaling approximately 12,000 acres, known as `Trout Lake/Suomi Hills' in Itasca County, in the State of Minnesota.

(B) LULLABY WHITE PINE RESERVE- Certain land in the Superior National Forest in the State of Minnesota, Gunflint Ranger District, totaling 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 land in the Mark Twain National Forest in the State of 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 land in the Lolo National Forest in the State of Montana, totaling approximately 41,000 acres, located approximately 5 miles southwest of the town of Thompson Falls in the area generally known as `Mount Bushnell'.

(14) NEW MEXICO-

(A) ANGOSTURA- Certain land in the eastern half of the Carson National Forest in the State of New Mexico, Camino Real Ranger District, totaling approximately 10,000 acres, located in Township 21, Ranges 12 and 13, known as `Angostura', and bounded--

(i) to the northeast, by Highway 518;

(ii) to the southeast, by the Angostura Creek watershed boundary;

(iii) to the southern side, by Trail 19 and the Pecos Wilderness; and

(iv) to the west, by the Agua Piedra Creek watershed.

(B) LA MANGA- Certain land in the western half of the Carson National Forest, El Rito Ranger District, in the State of New Mexico, at the Vallecitos Sustained Yield Unit, totaling approximately 5,400 acres, known as `La Manga', in Township 27, Range 6, and bounded--

(i) to the north, by the Tierra Amarilla Land Grant;

(ii) to the south, by Canada Escondida;

(iii) to the west, by the Sustained Yield Unit boundary and the Tierra Amarilla Land Grant; and

(iv) to the east, by the Rio Vallecitos.

(C) ELK MOUNTAIN- Certain land in the Santa Fe National Forest in the State of New Mexico, totaling approximately 7,220 acres, known as `Elk Mountain' located in Townships 17 and 18 and Ranges 12 and 13, and bounded--

(i) to the north, by the Pecos Wilderness;

(ii) to the east, by the Cow Creek Watershed;

(iii) to the west, by the Cow Creek; and

(iv) to the south, by Rito de la Osha.

(D) JEMEZ HIGHLANDS- Certain land 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, in the State of New Mexico.

(15) NORTH CAROLINA-

(A) CENTRAL NANTAHALA CLUSTER, NORTH CAROLINA AREAS- Certain land 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', comprised of 9 parcels known as Tusquitee Bald, Shooting Creek Bald, Cheoah Bald, Piercy Bald, Wesser Bald, Tellico Bald, Split White Oak, Siler Bald, and Southern Nantahala Extensions, and located near the towns of Murphy, Franklin, Bryson City, Andrews, and Beechertown, in Cherokee, Macon, Clay and Swain Counties, in the State of North Carolina.

(B) CHATTOOGA WATERSHED CLUSTER, NORTH CAROLINA AREAS- Certain land in the Nantahala National Forest, Highlands Ranger District, totaling approximately 8,000 acres, known as the `Chattooga Watershed Cluster, North Carolina Areas', comprised of the Overflow (Blue Valley) and Terrapin Mountain parcels, and located 5 miles from the town of Highlands, in Macon and Jackson Counties, in the State of North Carolina.

(C) TENNESSEE BORDER CLUSTER, NORTH CAROLINA AREAS- Certain land in the Nantahala National Forest, Tusquitee and Cheoah Ranger Districts, totaling approximately 28,000 acres, known as the `Tennessee Border Cluster, North Carolina Areas', comprised of the 4 parcels known as the Unicoi Mountains, Deaden Tree, Snowbird, and Joyce Kilmer-Slickrock Extension, and located near the towns of Murphy and Robbinsville, in Cherokee and Graham Counties, in the State of North Carolina.

(D) BALD MOUNTAINS- Certain land in the Pisgah National Forest, French Broad Ranger District, totaling approximately 13,000 acres known as the `Bald Mountains', located 12 miles northeast of the town of Hot Springs, in Madison County, in the State of North Carolina.

(E) BIG IVY TRACT- Certain land in the Pisgah National Forest in the State of North Carolina, totaling 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 land in the Pisgah National Forest, Toecane and Grandfather Ranger Districts, totaling approximately 62,000 acres, known as the `Black Mountains Cluster, North Carolina Areas', comprised of 5 parcels known as Craggy Mountains, Black Mountains, Jarrett Creek, Mackey Mountain, and Woods Mountain, and located near the towns of Burnsville, Montreat and Marion, in Buncombe, Yancey and McDowell Counties, in the State of North Carolina.

(G) LINVILLE CLUSTER- Certain land in the Pisgah National Forest, Grandfather District, totaling approximately 42,000 acres, known as the `Linville Cluster', comprised of 7 parcels known as Dobson Knob, Linville Gorge Extension, Steels Creek, Sugar Knob, Harper Creek, Lost Cove and Upper Wilson Creek, and located near the towns of Marion, Morgantown, Spruce Pine, Linville, and Blowing Rock, in Burke, McDowell, Avery and

Caldwell Counties, in the State of North Carolina.

(H) NOLICHUCKY, NORTH CAROLINA AREA- Certain land 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, in Mitchell and Yancey Counties, in the State of North Carolina.

(I) PISGAH CLUSTER, NORTH CAROLINA AREAS- Certain land in the Pisgah National Forest, Pisgah Ranger District, totaling approximately 52,000 acres, known as the `Pisgah Cluster, North Carolina Areas', comprised of 5 parcels known as Shining Rock and Middle Prong Extensions, Daniel Ridge, Cedar Rock Mountain, South Mills River, and Laurel Mountain, and located 5 to 12 miles north of the town of Brevard and southwest of the city of Asheville, in Haywood, Transylvania, and Henderson Counties, in the State of North Carolina.

(J) WILDCAT- Certain land 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, in Haywood County, in the State of North Carolina.

(16) OHIO-

(A) ARCHERS FORK COMPLEX- Certain land in the Marietta Unit of the Athens Ranger District, in the Wayne National Forest, in Washington County, in the State of Ohio, known as `Archers Fork Complex', totaling approximately 18,350 acres, located northeast of Newport and bounded--

(i) to the northwest, by State Highway 26;

(ii) to the northeast, by State Highway 260;

(iii) to the southeast, by the Ohio River; and

(iv) to the southwest, by Bear Run and Danas Creek.

(B) BLUEGRASS RIDGE- Certain land in the Ironton Ranger District on the Wayne National Forest, in Lawrence County, in the State of Ohio, known as `Bluegrass Ridge', totaling approximately 4,000 acres, located 3 miles east of Etna in Township 4 North, Range 17 West, Sections 19 through 23 and 27 through 30.

(C) BUFFALO CREEK- Certain land in the Ironton Ranger District of the Wayne National Forest, Lawrence County, Ohio, known as `Buffalo Creek', totaling approximately 6500 acres, located 4 miles northwest of Waterloo in Township 5 North, Ranger 17 West, sections 3 through 10 and 15 through 18.

(D) LAKE VESUVIUS- Certain land in the Ironton Ranger District of the Wayne National Forest, in Lawrence County, in the State of Ohio, totaling approximately 4,900 acres, generally known as `Lake Vesuvius', located to the east of Etna in Township 2 North, Range 18 West, and bounded--

(i) to the southwest, by State Highway 93; and

(ii) to the northwest, by State Highway 4.

(E) MORGAN SISTERS- Certain land in the Ironton Ranger District of the Wayne National Forest, in Lawrence County, in the State of Ohio, known as `Morgan Sisters', totaling approximately 2,500 acres, located 1 mile east of Gallia and bounded by State Highway 233 in Township 6 North, Range 17 West, sections 13, 14, 23 and 24 and Township 5 North, Range 16 West, sections 18 and 19.

(F) UTAH RIDGE- Certain land in the Athens Ranger District of the Wayne National Forest, in Athens County, in the State of Ohio, known as `Utah Ridge', totaling approximately 9,000 acres, located 1 mile northwest of Chauncey and bounded--

(i) to the southeast, by State Highway 682 and State Highway 13;

(ii) to the southwest, by US Highway 33 and State Highway 216; and

(iii) to the north, by State Highway 665.

(G) WILDCAT HOLLOW- Certain land in the Athens Ranger District of the Wayne National Forest, in Perry and Morgan Counties, in the State of Ohio, known as `Wildcat Hollow,' totaling approximately 4,500 acres, located 1 mile east of Corning in Township 12 North, Range 14 West, sections 1, 2, 11-14, 23 and 24 and Township 8 North, Range 13 West, sections 7, 18, and 19.

(17) OKLAHOMA: COW CREEK DRAINAGE, OKLAHOMA- Certain land in the Ouachita National Forest, Mena Ranger District, in Le Flore County, in the State of Oklahoma, totaling approximately 3,000 acres, known as `Cow Creek Drainage, Oklahoma', and bounded approximately--

(A) to the west, by the Beech Creek National Scenic Area;

(B) to the north, by State Highway 63;

(C) to the east, by the Arkansas-Oklahoma border; and

(D) to the south, by County Road 9038 on the south.

(18) OREGON: APPLEGATE WILDERNESS- Certain land in the Siskiyou National Forest and Rogue River National Forest in the State of Oregon, totaling approximately 20,000 acres, and located approximately 20 miles southwest of the town of Grants Pass and 10 miles south of the town of Williams, in the area generally known as the `Applegate Wilderness'.

(19) SOUTH CAROLINA-

(A) BIG SHOALS, SOUTH CAROLINA AREA- Certain land in the Sumter National Forest, Andrew Pickens Ranger District, in Oconee County, in the State of South Carolina, totaling approximately 2,000 acres, known as `Big Shoals, South Carolina Area', and located 15 miles south of Highlands, North Carolina.

(B) BRASSTOWN CREEK, SOUTH CAROLINA AREA- Certain land in the Sumter National Forest, Andrew Pickens Ranger District, in Oconee County, in the State of South Carolina, totaling approximately 3,500 acres, known as `Brasstown Creek, South Carolina Area', and located approximately 15 miles west of Westminster, South Carolina.

(C) CHAUGA- Certain land in the Sumter National Forest, Andrew Pickens Ranger District, in Oconee County, in the State of South Carolina, totaling approximately 16,000 acres, known as `Chauga', and located approximately 10 miles west of Walhalla, South Carolina.

(D) DARK BOTTOMS- Certain land in the Sumter National Forest, Andrew Pickens Ranger District, in Oconee County, in the State of South Carolina, totaling approximately 4,000 acres, known as `Dark Bottoms', and located approximately 10 miles northwest of Westminster, South Carolina.

(E) ELLICOTT ROCK EXTENSION, SOUTH CAROLINA AREA- Certain land in the Sumter National Forest, Andrew Pickens Ranger District, in Oconee County, in the State of South Carolina, totaling approximately 2,000 acres, known as `Ellicott Rock Extension, South Carolina Area', located approximately 10 miles south of Cashiers, North Carolina.

(F) FIVE FALLS, SOUTH CAROLINA AREA- Certain land in the Sumter National Forest, Andrew Pickens Ranger District, in Oconee County, in the State of South Carolina, totaling approximately 3,500 acres, known as `Five Falls, South Carolina Area', and located approximately 10 miles southeast of Clayton, Georgia.

(G) PERSIMMON MOUNTAIN- Certain land in the Sumter National Forest, Andrew Pickens Ranger District, in Oconee County, in the State of South Carolina, totaling approximately 7,000 acres, known as `Persimmon Mountain', and located approximately 12 miles south of Cashiers, North Carolina.

(H) ROCK GORGE, SOUTH CAROLINA AREA- Certain land in the Sumter National Forest, Andrew Pickens Ranger District, in Oconee County, in the State of South Carolina, totaling approximately 2,000 acres, known as `Rock Gorge, South Carolina Area', and located 12 miles southeast of Highlands, North Carolina.

(I) TAMASSEE- Certain land in the Sumter National Forest, Andrew Pickens Ranger District, in Oconee County, in the State of South Carolina, totaling approximately 5,500 acres, known as `Tamassee', and located approximately 10 miles north of Walhalla, South Carolina.

(J) THRIFT'S FERRY, SOUTH CAROLINA AREA- Certain land in the Sumter National Forest, Andrew Pickens Ranger District, in Oconee County, in the State of South Carolina, totaling approximately 5,000 acres, known as `Thrift's Ferry, South Carolina Area', and located 10 miles east of Clayton, Georgia.

(20) SOUTH DAKOTA-

(A) BLACK FOX AREA- Certain land in the Black Hills National Forest in the State of South Dakota, totaling approximately 12,400 acres, located in the upper reaches of the Rapid

Creek watershed, known as the `Black Fox Area', and roughly bounded--

(i) to the north, by FDR 206;

(ii) to the south, by the steep slopes north of Forest Road 231; and

(iii) to the west, by a fork of Rapid Creek.

(B) BREAKNECK AREA- Certain land in the Black Hills National Forest in the State of South Dakota, totaling 6,700 acres, located 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', and generally--

(i) bounded by Forest Roads 139 and 169 on the north, west, and south; and

(ii) demarcated along the eastern and western boundaries by the ridge-crests dividing the watershed.

(C) NORBECK PRESERVE- Certain land in the Black Hills National Forest in the State of South Dakota, totaling approximately 27,766 acres, known as the `Norbeck Preserve', and encompassed approximately by a boundary that, starting at the southeast corner--

(i) runs north along FDR 753 and United States Highway Alt. 16, then along SD 244 to the junction of Palmer Creek Road, which serves generally as a northwest limit;

(ii) heads south from the junction of Highways 87 and 89;

(iii) runs southeast along Highway 87; and

(iv) runs east back to FDR 753, exclusing a corridor of private land along FDR 345.

(D) PILGER MOUNTAIN AREA- Certain land in the Black Hills National Forest in the State of South Dakota, totaling approximately 12,600 acres, known as the `Pilger Mountain Area', located in the Elk Mountains on the southwest edge of the Black Hills, and roughly bounded--

(i) to the east and northeast, by Forest Roads 318 and 319;

(ii) to the north and northwest, by Road 312; and

(iii) to the southwest, by private land.

(E) STAGEBARN CANYONS- Certain land in the Black Hills National Forest in the State of South Dakota, known as `Stagebarn Canyons', totaling approximately 7,300 acres, and located approximately 10 miles west of Rapid City, South Dakota.

(21) TENNESSEE-

(A) BALD MOUNTAINS CLUSTER, TENNESSEE AREAS- Certain land in the Nolichucky and Unaka Ranger Districts of the Cherokee National Forest, in Cocke, Green, Washington and Unicoi Counties, in the State of Tennessee, totaling approximately 46,133 acres, known as the `Bald Mountains Cluster, Tennessee Areas', and comprised of the 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, located near the towns of Newport, Hot Springs, Greeneville and Erwin, Tennessee.

(B) BIG FROG/COHUTTA CLUSTER- Certain land in the Cherokee National Forest, in Polk County, Ocoee, Hiwassee, and Tennessee Ranger Districts, in the State of Tennessee, totaling approximately 28,800 acres, known as the `Big Frog/Cohutta Cluster', comprised of the parcels known as Big Frog Extensions, Little Frog Extensions, Smith Mountain and Rock Creek, located near the towns of Copperhill, Ducktown, Turtletown and Benton, Tennessee.

(C) CITICO CREEK WATERSHED CLUSTER TENNESSEE AREAS- Certain land in the Tellico Ranger District of the Cherokee National Forest, in Monroe County, in the State of Tennessee, totaling approximately 14,256 acres, known as the `Citico Creek Watershed Cluster, Tennessee Areas', comprised of the parcels known as Flats Mountain, Miller Ridge, Cowcamp Ridge and Joyce Kilmer-Slickrock Extension, and located near the town of Tellico Plains, in the State of Tennessee.

(D) IRON MOUNTAINS CLUSTER- Certain land in the Cherokee National Forest, Watauga Ranger District, totaling approximately 58,090 acres, known as the `Iron Mountains Cluster', comprised of 8 parcels known as Big Laurel Branch Addition, Hickory Flat Branch, Flint

Mill, Lower Iron Mountain, Upper Iron Mountain, London Bridge, Beaverdam Creek, and Rodgers Ridge, located near the towns of Bristol and Elizabethton, in Sullivan and Johnson Counties, in the State of Tennessee.

(E) NORTHERN UNICOI MOUNTAINS CLUSTER- Certain land in the Tellico Ranger District of the Cherokee National Forest, in Monroe County, in the State of Tennessee, totaling approximately 30,453 acres, known as the `Northern Unicoi Mountain Cluster', comprised of the parcels known as Bald River Gorge Extension, Upper Bald River, Sycamore Creek and Brushy Ridge, and located near the town of Tellico Plains, Tennessee.

(F) ROAN MOUNTAIN CLUSTER- Certain land in the Cherokee National Forest, Unaka and Watauga Ranger Districts, totaling approximately 23,725 acres known as the `Roan Mountain Cluster', comprised of the 7 parcels known as Strawberry Mountain, Highlands of Roan, Ripshin Ridge, Doe River Gorge Scenic Area, White Rocks Mountain, Slide Hollow and Watauga Reserve, and located approximately 8 to 20 miles south of the town of Elizabethton, in Unicoi, Carter and Johnson Counties, in the State of Tennessee.

(G) SOUTHERN UNICOI MOUNTAINS CLUSTER- Certain land in the Hiwassee Ranger District of the Cherokee National Forest, in Polk, Monroe, and McMinn Counties, in the State of Tennessee, totaling approximately 11,251 acres, known as the `Southern Unicoi Mountains Cluster', comprised of the parcels known as Gee Creek Extension, Coker Creek and Buck Bald, and located near the towns Etowah, Benton and Turtletown, Tennessee.

(H) UNAKA MOUNTAINS CLUSTER, TENNESSEE AREAS- Certain land in the Cherokee National Forest, Unaka Ranger District, totaling approximately 15,669 acres, known as the `Unaka Mountains Cluster, Tennessee Areas', comprised of the Nolichucky, Unaka Mountain Extension and Stone Mountain parcels and located approximately 8 miles from Erwin, in Unicoi and Carter Counties, in the State of Tennessee.

(22) TEXAS: LONGLEAF RIDGE- Certain land in the Angelina National Forest, Jasper and Angelina Counties, Texas, totaling approximately 30,000 acres, generally known as `Longleaf Ridge', and bounded--

(A) to the west, by Upland Island Wilderness Area;

(B) to the south, by the Neches River; and

(C) to the northeast, by Sam Rayburn Reservoir.

(23) VERMONT-

(A) GLASTENBURY AREA- Certain land in the Green Mountain National Forest, in the State of Vermont, totaling approximately 35,000 acres, located 3 miles northeast of Bennington, generally known as the `Glastenbury Area', and bounded--

(i) to the north, by Kelly Stand Road;

(ii) to the east, by Forest Road 71;

(iii) to the south, by Route 9; and

(iv) to the west, by Route 7.

(B) LAMB BROOK- Certain land in the Green Mountain National Forest, in the State of Vermont, totaling approximately 5,500 acres, located 3 miles southwest of Wilmington, generally known as `Lamb Brook', and bounded--

(i) to the west, by Route 8;

(ii) to the south, by Route 100;

(iii) to the north, by Route 9; and

(iv) to the east, by land owned by New England Power Company.

(C) ROBERT FROST MOUNTAIN AREA- Certain land in the Green Mountain National Forest, in the State of Vermont, totaling approximately 8,500 acres, known as `Robert Frost Mountain Area', located northeast of Middlebury, consisting of the Forest Service land bounded--

(i) to the west, by Route 116;

(ii) to the north, by Bristol Notch Road;

(iii) to the east, by Lincoln/Ripton Road; and

(iv) to the south, by Route 125.

(24) VIRGINIA-

(A) BEAR CREEK- Certain land in the Jefferson National Forest, Wythe Ranger District, known as `Bear Creek', and located north of Rural Retreat, in Smyth and Wythe Counties, in the State of Virginia.

(B) CAVE SPRINGS- Certain land in the Jefferson National Forest, Clinch Ranger District, totaling approximately 3,000 acres, known

as `Cave Springs', and located between State Route 621 and the North Fork of the Powell River, in Lee County, in the State of Virginia.

(C) DISMAL CREEK- Certain land totaling approximately 6,000 acres, in the Jefferson National Forest, Blacksburg Ranger District, known as `Dismal Creek', and located north of State Route 42, in Giles and Bland Counties, in the State of Virginia.

(D) STONE COAL CREEK- Certain land in the Jefferson National Forest, New Castle Ranger District, totaling approximately 2,000 acres, known as `Stone Coal Creek', and located in Craig and Botentourt Counties, in the State of Virginia.

(E) WHITE OAK RIDGE: TERRAPIN MOUNTAIN- Certain land in the Glenwood Ranger District of the Jefferson National Forest, known as `White Oak Ridge--Terrapin Mountain', totaling approximately 8,000 acres, and located east of the Blue Ridge Parkway, in Botentourt and Rockbridge Counties, in the State of Virginia.

(F) WHITETOP MOUNTAIN- Certain land in the Jefferson National Forest, Mt. Rodgers Recreation Area, totaling 3,500 acres, known as `Whitetop Mountain', and located in Washington, Smyth and Grayson Counties, in the State of Virginia.

(G) WILSON MOUNTAIN- Certain land known as `Wilson Mountain', in the Jefferson National Forest, Glenwood Ranger District, totaling approximately 5,100 acres, and located east of Interstate 81, in Botentourt and Rockbridge Counties, in the State of Virginia.

(H) FEATHERCAMP- Certain land located in the Mt. Rodgers Recreation Area of the Jefferson National Forest, totaling 4,974 acres, known as `Feathercamp', located northeast of the town of Damascus and north of State Route 58 on the Feathercamp ridge, in Washington County, in the State of Virginia.

(25) WISCONSIN-

(A) FLYNN LAKE- Certain land in the Chequamegon National Forest, Washburn Ranger District, totaling approximately 5,700 acres, known as `Flynn Lake', and located in the Flynn Lake semi-primitive non-motorized area, in Bayfield County, in the State of Wisconsin.

(B) GHOST LAKE CLUSTER- Certain land in the Chequamegon National Forest, Great Divide Ranger District, totaling approximately 6,000 acres, known as `Ghost Lake Cluster', including parcels known as Ghost Lake, Perch Lake, Lower Teal River, Foo Lake, and Bulldog Springs, and located in Sawyer County, in the State of Wisconsin.

(C) LAKE OWENS CLUSTER- Certain land in the Chequamegon National Forest, Great Divide and Washburn Ranger Districts, totaling approximately 3,600 acres, known as `Lake Owens Cluster', including parcels known as or near Lake Owens, Sage, Hidden, and Deer Lick Lakes, Eighteenmile Creek, and Northeast and Sugarbush Lakes, and located in Bayfield County, in the State of Wisconsin.

(D) MEDFORD CLUSTER- Certain land in the Chequamegon National Forest, Medford-Park Falls Ranger District, totaling approximately 23,000 acres, known as the `Medford Cluster', 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, and located in Taylor County, in the State of Wisconsin.

(E) PARK FALLS CLUSTER- Certain land in the Chequamegon National Forest, Medford-Park Falls Ranger District, totaling approximately 23,000 acres, known as `Park Falls Cluster', 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, and located in Price and Vilas Counties, in the State of Wisconsin.

(F) PENOKEE MOUNTAIN CLUSTER- Certain land in the Chequamegon National Forest, Great Divide Ranger District, totaling approximately 23,000 acres, known as `Penokee Mountain Cluster', 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, and located in Ashland and Bayfield Counties, in the State of Wisconsin.

(G) SOUTHEAST GREAT DIVIDE CLUSTER- Certain land in the Chequamegon National Forest, Medford Park Falls Ranger District, totaling approximately 25,000 acres, known as the `Southeast Great Divide Cluster', 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, and located in Ashland and Sawyer Counties, in the State of Wisconsin.

(H) DIAMOND ROOF CLUSTER- Certain land 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, and located in Forest, Langlade and Oconto Counties, in the State of Wisconsin.

(I) ARGONNE FOREST CLUSTER- Certain land in the Nicolet National Forest, Eagle River-Florence Ranger District, totaling approximately 12,000 acres, known as `Argonne Forest Cluster', including parcels known as Argonne Experimental Forest, Scott Creek, Atkins Lake, and Island Swamp, and located in Forest County, in the State of Wisconsin.

(J) BONITA GRADE- Certain land in the Nicolet National Forest, Lakewood-Laona Ranger District, totaling approximately 1,200 acres, known as `Bonita Grade', including parcels near Mountain Lakes, Temple Lake, and Second South Branch, First South Branch, and South Branch Oconto River, and located in Langlade County, in the State of Wisconsin.

(K) FRANKLIN AND BUTTERNUT LAKES CLUSTER- Certain land in the Nicolet National Forest, Eagle River-Florence Ranger District, totaling approximately 12,000 acres, known as `Franklin and Butternut Lakes Cluster', including parcels known as Bose Lake Hemlocks, Luna White Deer, Echo Lake, Franklin and Butternut Lakes, Wolf Lake, Upper Ninemile, Meadow, and Bailey Creeks, and located in Forest and Onieda Counties, in the State of Wisconsin.

(L) LAUTERMAN LAKE AND KIEPER CREEK- Certain land in the Nicolet National Forest, Eagle River-Florence Ranger District, totaling approximately 2,500 acres, known as `Lauterman Lake and Kieper Creek', and located in Florence County, in the State of Wisconsin.

(26) WYOMING: SAND CREEK AREA-

(A) IN GENERAL- Certain land in the Black Hills National Forest, totaling approximately 8,300 acres known as the `Sand Creek area', located in Crook County, in the State of Wyoming, and situated in the far northwest corner of the Black Hills.

(B) BOUNDARY- Beginning in the northwest corner and proceeding counterclockwise, the boundary for the Sand Creek Area roughly follows--

(i) forest Roads 863, 866, 866.1B;

(ii) a line linking forest roads 866.1B and 802.1B;

(iii) forest road 802.1B;

(iv) forest road 802.1;

(v) an unnamed road;

(vi) Spotted Tail Creek (excluding all private land);

(vii) forest road 829.1;

(viii) a line connecting forest roads 829.1 and 864;

(ix) forest road 852.1; and

(x) a line connecting forest roads 852.1 and 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 entity described in subparagraph (A) or (B) in a period beginning 5 years before the date on which the scientist is appointed to the committee.

(2) RECOMMENDATIONS FOR ADDITIONAL SPECIAL AREAS- Not later than 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-

(A) IN GENERAL- Candidate areas for recommendation as additional special area shall have outstanding biological values that are exemplary on a regional, national, and international level, including the presence of--

(i) threatened or endangered species of plants or animals;

(ii) rare or endangered ecosystems;

(iii) key habitats necessary for the recovery of endangered or threatened species;

(iv) recovery or restoration areas of rare or underrepresented forest ecosystems;

(v) migration corridors;

(vi) areas of outstanding biodiversity;

(vii) old growth forests;

(viii) commercial fisheries; and

(ix) 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. 204. RESTRICTIONS ON MANAGEMENT ACTIVITIES IN ANCIENT FORESTS, ROADLESS AREAS, WATERSHED PROTECTION AREAS, SPECIAL AREAS, AND FEDERAL BOUNDARY AREAS.

(a) RESTRICTION OF MANAGEMENT ACTIVITIES- On Federal land located in ancient forests, roadless areas (except military installations), watershed protection areas (except military installations), special areas, and Federal boundary areas--

(1) no roads shall be constructed or reconstructed;

(2) no extractive logging shall be permitted; and

(3) no improvements for the purpose of extractive logging shall be permitted.

(b) MAINTENANCE OF EXISTING ROADS-

(1) IN GENERAL- Except as provided in paragraph (2), the restrictions described in subsection (a) shall not prohibit the maintenance of an improved road, or any road accessing private inholdings.

(2) ABANDONED ROADS- Any road that the Secretary concerned determines to have been abandoned before the date of enactment of this Act shall not be maintained or reconstructed.

(c) ENFORCEMENT-

(1) FEDERAL ENFORCEMENT- The Secretary concerned and the Attorney General of the United States shall enforce this section against any person that violates this section.

(2) CITIZEN SUITS-

(A) IN GENERAL- A citizen harmed by a violation of this section may enforce this section by bringing an action for a declaratory judgment, a temporary restraining order, an injunction, statutory damages, or other remedy against any alleged violator, including the United States, in any district court of the United States.

(B) JUDICIAL RELIEF- If a district court of the United States determines that a violation of this section has occurred, the district court--

(i) shall impose a damage award of not less than $5,000;

(ii) may issue 1 or more injunctions or other forms of equitable relief; and

(iii) shall award to each prevailing party the reasonable costs of bringing the action, including attorney's fees, witness fees, and other necessary expenses.

(C) STANDARD OF PROOF- The standard of proof in all actions under this paragraph shall be the preponderance of the evidence.

(D) TRIAL- A trial for any action under this section shall be de novo.

(E) PAYMENT OF DAMAGES-

(i) NON-FEDERAL VIOLATOR- A damage award under subparagraph (B)(i) shall be paid by a non-Federal violator or violators designated by the court to the Treasury.

(ii) FEDERAL VIOLATOR-

(I) IN GENERAL- Not later than 40 days after the date on which judgment is rendered, a damage award under subparagraph (B)(i) for which the United States is determined to be liable shall be paid from the Treasury, as provided under section 1304 of title 31, United States Code, to the person or persons designated to receive the damage award.

(II) USE OF DAMAGE AWARD- A damage award described under subclause (I) shall be used by the recipient to protect or restore native biodiversity on Federal land or on land adjoining Federal land.

(III) COURT COSTS- Any award of costs of litigation and any award of attorney fees shall be paid by a Federal violator not later than 40 days after the date on which judgment is rendered.

(3) WAIVER OF SOVEREIGN IMMUNITY-

(A) IN GENERAL- The United States (including agents and employees of the United States) waives its sovereign immunity in all respects in all actions under this section.

(B) NOTICE- No notice is required to enforce this subsection.

TITLE III--EFFECTIVE DATE

SEC. 301. IN GENERAL.

This Act and the amendments made by this Act take effect on the date of enactment of this Act.

SEC. 302. EFFECT ON EXISTING CONTRACTS.

This Act and the amendments made by this Act shall not apply to any contract for the sale of timber that was entered into on or before the date of enactment of this Act.

END