Sequoia Ecosystem and Recreation Preserve Act of 1999 - Designates specified California lands within the Sequoia National Forest and the Inyo National Forest as wilderness areas to be administered as components of the National Wilderness Preservation System.
(Sec. 5) Establishes the Giant Sequoia National Forest Preserve as a unit of the National Forest System for the: (1) protection and maintenance of giant sequoia groves, their supporting ecosystems, and associated forests; and (2) preservation of the natural state and processes that have created and maintained such forests.
(Sec. 7) Directs the Secretary of Agriculture to appoint a Scientific Advisory Team for the Preserve.
(Sec. 8) Directs the Secretary to publish a final management plan for the Preserve for the protection, restoration, and enhancement of natural, scientific, and recreational values. Provides for interim Preserve management by the Secretary.
(Sec. 9) Directs the Secretary, as part of the management plan, to designate and map the ancient forest reserves within the Preserve.
(Sec. 10) Requires the management plan to include a comprehensive transportation plan that protects natural Preserve features while ensuring visitor safety and that includes a trail plan identifying which trails will allow motorized access.
(Sec. 11) Allows all current campgrounds within the Preserve to remain in place, subject to evaluation by the Secretary. Directs the Secretary to provide new camping opportunities.
(Sec. 12) Authorizes the continued use of Preserve areas for hunting and fishing, firewood collection, and grazing, but prohibits new patents from being issued under the mining or geothermal laws.
(Sec. 16) Directs the Secretary to establish a Community Assistance Task Force to oversee the provision of assistance to communities and workers in political subdivisions whose boundaries include Federal lands in the Preserve or contain facilities that milled timber from lands in the Preserve during any portion of the five-year period ending on the date of enactment of this Act.
(Sec. 17) Prohibits the Secretary, in preparing the Preserve budget proposal for each fiscal year, from targeting any of the budget to any commodity production in the Preserve.
(Sec. 18) Authorizes appropriations.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2077 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 2077
To establish a National Forest Preserve consisting of certain Federal
lands in the Sequoia National Forest in the State of California to
protect and preserve remaining Giant Sequoia ecosystems and to provide
increased recreational opportunities in connection with such
ecosystems.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 8, 1999
Mr. Brown of California introduced the following bill; which was
referred to the Committee on Resources
_______________________________________________________________________
A BILL
To establish a National Forest Preserve consisting of certain Federal
lands in the Sequoia National Forest in the State of California to
protect and preserve remaining Giant Sequoia ecosystems and to provide
increased recreational opportunities in connection with such
ecosystems.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Sequoia Ecosystem
and Recreation Preserve Act of 1999''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Expansion and establishment of wilderness areas in Sequoia and
Inyo National Forests.
Sec. 5. Establishment of Giant Sequoia National Forest Preserve.
Sec. 6. Purposes of Preserve.
Sec. 7. Preserve Scientific Advisory Team.
Sec. 8. Management plan.
Sec. 9. Designation of ancient forest reserves.
Sec. 10. Preserve transportation and access.
Sec. 11. Recreational facilities.
Sec. 12. Effect of Preserve on activities previously conducted in area
covered by Preserve.
Sec. 13. Effect of Preserve on other public or private interests.
Sec. 14. Water rights.
Sec. 15. Payments to local governments.
Sec. 16. Community Assistance Task Force.
Sec. 17. Preparation of budget proposal for Preserve.
Sec. 18. Authorization of appropriations.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Giant Sequoia trees (Sequoiadendron giganteum) are the
largest of all living things and the most majestic trees on
earth. Without any help or hindrance from humans, Giant Sequoia
have lived up to 3200 years and attained a height of 275 feet,
a diameter of 38 feet, a circumference of 120 feet, and a
weight of over 12,000,000 pounds. The largest tree currently in
the National Forest System is located in the Sequoia National
Forest, the Boole Tree, a Giant Sequoia that stands 269 feet
high and has a diameter of 29 feet.
(2) Giant Sequoias are survivors of a genus of trees which
once covered most of the northern hemisphere, but are now
native to only a small portion of the Sierra Nevada range in
the State of California.
(3) The ancient forests of the Sequoia National Forest are
the homes of rare, threatened, and endangered species of plants
and wildlife.
(4) The ancient forests of the Sequoia National Forest
provide outstanding and unique recreational opportunities for
the people of the United States. Of those units of the National
Forest System located in the Sierra Nevada range, the Sequoia
National Forest is located closest to Los Angeles and the
burgeoning population in the Central Valley.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Preserve.--The term ``Preserve'' means the Federal
lands included in the Giant Sequoia National Forest Preserve
established in section 5.
(2) Secretary.--The term ``the Secretary'' means the
Secretary of Agriculture.
(3) Grove.--The term ``grove'' means any stand or group of
Giant Sequoia in the Preserve identified by Forest Service
methods in effect on the date of the enactment of this Act.
(4) Management plan.--The term ``management plan'' means
the management plan prepared after the date of the enactment of
this Act for management of the Preserve.
(5) Ancient forest reserves.--The term ``ancient forest
reserves'' means lands in the Preserve designated under section
9 on which--
(A) motorized vehicles may be used only on
designated roads; and
(B) only the least possible amount of mechanical
manipulation or intervention in natural processes shall
be allowed.
(6) Natural state.--The term ``natural state'' means the
conditions that are within the range of variability in
structure and composition that occurred during the last few
millennia and which will promote ecosystem stability and
resiliency.
(7) Scientific advisory team.--The term ``Scientific
Advisory Team'' means the Scientific Advisory Team established
pursuant to section 7.
(8) Task force.--The term ``Task Force'' means the
Community Assistance Task Force established under section 16.
SEC. 4. EXPANSION AND ESTABLISHMENT OF WILDERNESS AREAS IN SEQUOIA AND
INYO NATIONAL FORESTS.
In furtherance of the purpose of the Wilderness Act (16 U.S.C. 1131
et seq.), and the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.), the following lands in the State of California,
as generally depicted on the maps referenced in this section, are
hereby designated as wilderness areas and shall be administered as
components of the National Wilderness Preservation System:
(1) Certain lands in the Sequoia National Forest and the
Inyo National Forest, which comprise approximately 20,800
acres, as generally depicted on a map entitled ``Golden Trout
Wilderness Additions--Proposed'', and which are hereby
incorporated in, and which shall be deemed to be part of, the
Golden Trout Wilderness designated by section 2(b) of Public
Law 95-237 (92 Stat. 41).
(2) Certain lands in the Sequoia National Forest, which
comprise approximately 28,540 acres, as generally depicted on a
map entitled ``Golden Trout Wilderness Additions--Proposed 2'',
and which are hereby incorporated in, and which shall be deemed
to be part of, the Golden Trout Wilderness designated by
section 2(b) of Public Law 95-237 (92 Stat. 41).
(3) Certain lands in the Sequoia National Forest, which
comprise approximately 12,071 acres, as generally depicted on a
map entitled ``Domeland Wilderness Additions--Proposed'', and
which are hereby incorporated in, and which shall be deemed to
be part of, the Domeland Wilderness originally designated by
section 3 of Public Law 88-577 (78 Stat. 891).
(4) Certain lands in the Sequoia National Forest, which
comprise approximately 39,398 acres, as generally depicted on a
map entitled ``Bright Star Wilderness--Proposed'', and which
are hereby incorporated in, and which shall be deemed to be
part of, the Bright Star Wilderness designated by section
102(6) of Public Law 103-433 (108 Stat. 4473).
(5) Certain lands in the Sequoia National Forest, which
comprise approximately 56,630 acres, as generally depicted on a
map entitled ``Golden Trout Wilderness Additions--Proposed 3'',
and which are hereby incorporated in, and which shall be deemed
to be part of, the Golden Trout Wilderness designated by
section 2(b) of Public Law 95-237 (92 Stat. 41).
(6) Certain lands in the Sequoia National Forest, which
comprise approximately 12,531 acres, as generally depicted on a
map entitled ``Slate Mountain Wilderness Area--Proposed'', and
shall be known as the Slate Mountain Wilderness.
SEC. 5. ESTABLISHMENT OF GIANT SEQUOIA NATIONAL FOREST PRESERVE.
(a) Establishment.--There is hereby established the Giant Sequoia
National Forest Preserve, consisting of certain federally owned lands
within the Sequoia National Forest in the State of California. The
Preserve shall comprise approximately 340,835 acres as generally
depicted on the map entitled, ``Giant Sequoia National Forest Preserve,
1995'', dated ____________ and numbered ____________. Federal lands
included in the Preserve are dedicated in perpetuity for the
preservation and restoration of natural processes and the promotion of
recreational activity, scientific study, and other similar purposes as
specified in this Act.
(b) Unit of National Forest System.--The Secretary, acting through
the Forest Service, shall administer the Preserve as a separate unit
within the National Forest System in accordance with the purposes and
provisions of this Act.
(c) Map and Legal Description.--Not later than six months after the
date of the enactment of this Act, the Secretary shall file a map and a
legal description of the Preserve with the Committee on Resources and
the Committee on Agriculture of the House of Representatives and with
the Committee on Energy and Natural Resources and the Committee on
Agriculture, Forestry, and Nutrition of the Senate. Such map and
description shall have the same force and effect as if included in this
Act. The Secretary may correct clerical and typographical errors in the
map and description.
(d) Availability of Map.--The map and legal description prepared
pursuant to subsection (c) shall be made available for public
inspection in the office of the Forest Supervisor, Sequoia National
Forest, in the office of the Regional Forester, United States Forest
Service, Region 5, in the office of the Superintendent, Sequoia
National Park, in the office of the Director, National Park Service,
Department of the Interior and in the office of the Chief of the Forest
Service, Department of Agriculture.
SEC. 6. PURPOSES OF PRESERVE.
(a) In General.--It is the purpose of this Act not only to protect
and maintain the groves of Giant Sequoias in the Preserve, their
supporting ecosystems, and associated forests, but also to preserve the
natural state and processes that have created and maintained these
forests for millennia.
(b) Specific Purposes.--Subject to subsection (c), the Preserve is
established for the purposes of--
(1) assuring the ecological integrity and recreational
resources of the Federal lands in the Preserve;
(2) protecting the Giant Sequoia groves as well as all
contiguous Federal lands in the Preserve and assuring the
perpetuation and continuation of the many ecosystems and the
essential and natural processes in the Preserve;
(3) providing optimum habitat for all indigenous species
found, as of the date of the enactment of this Act, in the
Preserve;
(4) promoting and coordinating research in the Preserve to
compile information about the Giant Sequoia and other Sierra
Nevada ecosystems;
(5) providing optimum water quality, air quality, soil
quality, and scenic quality in the Preserve, consistent with
other Federal and State laws; and
(6) providing increased opportunities for recreation,
including hiking, horseback riding, camping, use of off-highway
vehicles, crosscountry skiing, and nature studies, consistent
with the purposes specified in the preceding paragraphs.
(c) Prohibitions.--Regardless of the specific mention of an
authorized activity in this Act, the Secretary shall not permit an
activity to continue or to be initiated in the Preserve if the
Secretary determines that the activity will, over time, degrade the
health or cause the ultimate destruction of the Giant Sequoia ecosystem
or other ecosystems in the Preserve. No portion of the Preserve shall
be within the timber base or used in a calculation or basis for a
sustained yield of timber.
SEC. 7. PRESERVE SCIENTIFIC ADVISORY TEAM.
(a) Establishment.--The Secretary shall appoint a Scientific
Advisory Team for the Preserve consisting of at least 9 physical and
biological scientists from such fields as Sequoia ecology, hydrology,
wildlife biology, landscape ecology, conservation biology, soil
science, geology, and wildfire behavior. Not more than 3 members of the
Scientific Advisory Team may be current or retired employees of the
Forest Service.
(b) Role in Preparation of Preserve Management Plan.--The
Scientific Advisory Team shall give advice and guidance to the Forest
Service during preparation of the management plan, assist with the
study of data regarding the Preserve, review and make recommendations
on reports developed in connection with the Preserve, and perform other
duties as requested by the Secretary. The Scientific Advisory Team
shall target its efforts toward assuring that the management plan is
consistent with the overall purposes of this Act and with the best and
most current scientific knowledge and research.
(c) Role in Preparation of Land Condition Surveys and Reports.--The
Scientific Advisory Team shall advise the Forest Service in compiling
informational reports, which shall include surveys of the condition of
lands within the Preserve and which will be used in preparing the
management plan. The Forest Service shall complete the surveys within
one year after the date of the enactment of this Act. These surveys and
reports shall address the following issues:
(1) Fire and fuel.--Compilation of existing data and a
report regarding historical and prehistorical fire and surveys
of current fuel loading with identification of areas that
exceed the natural range of fuels build-up. The Scientific
Advisory Team shall review the surveys and make recommendations
for restoration of these areas.
(2) Artificially planted sequoias.--Compilation of existing
data and a report regarding sources of Sequoia seedlings
planted within and adjacent to Sequoia groves. The Team shall
review reports and make recommendations as to the need for
remediation to protect the integrity of individual grove
genetics.
(3) Previously logged areas.--Compilation of information
and a report on previously logged areas focusing on species
mix, age, and arrangement. The Scientific Advisory Team shall
make recommendations for management strategies which will
result in the eventual restoration of these lands to a natural
state. Certain areas where logging has occurred in both recent
and historical times may be recommended to remain unrestored
and designated as historic sites, interpretive areas, or for
scientific purposes.
(d) Interagency Cooperation and Coordination.--The Scientific
Advisory Team shall cooperate with other agencies that are engaged in
managing Sequoia ecosystems in order to facilitate interagency
cooperation, sharing of scientific information and data, and to
maximize usefulness of past, present, and future research.
(e) Team Findings.--The Scientific Advisory Team shall not be
required to reach consensus regarding its findings on any issue, but
the Scientific Advisory Team should furnish comments, recommendations,
and findings in a format which will allow for a majority as well as
dissenting opinions.
(f) Public Access to Information.--All information developed for
and by the Scientific Advisory Team and the Forest Service under this
section, including minutes, summaries, memos, majority recommendations,
and dissenting opinions, shall be retained at the office of the Forest
Supervisor, Sequoia National Forest, and shall be readily available to
the public.
(g) Future Activities of Team.--After the final management plan has
been published and any administrative appeals have completed the appeal
process, the Scientific Advisory Team shall remain available for peer
review of proposed projects, monitoring, and such other duties that the
Secretary may request.
(h) Compensation.--Members of the Scientific Advisory Team shall
serve without compensation, except that the Secretary may reimburse
members of the Scientific Advisory Team for their direct costs of
participating in the activities of the Scientific Advisory Team.
SEC. 8. MANAGEMENT PLAN.
(a) Preparation.--Not later than five years after the date of the
enactment of this Act, the Secretary shall publish as a freestanding
document a final management plan for the Preserve that shall include at
least the following:
(1) The measures, standards, and guidelines needed to
protect, restore, and enhance the natural and scientific values
of the Preserve and recreational resources of the Preserve.
(2) All other measures intended to carry out the purposes
and provisions of this Act, including specific delineation of
planned administrative activities to carry out this Act.
(3) Provisions and maps of areas designated as ancient
forest reserves, and the process by which additional areas may
be designated as ancient forest reserves.
(4) Other specific measures required by this Act.
(b) Interim Management.--Pending the completion of the management
plan, the Secretary shall manage the Preserve in a manner consistent
with the purposes and provisions of this Act. The Secretary shall buy
out any timber contracts in existence on the date of the enactment of
this Act that authorize harvesting in the Preserve. Between the date of
the enactment of this Act and the date the management plan is final,
the Secretary shall approve or initiate only those interim management
activities that are consistent with the purposes of this Act.
(c) Administrative Appeals.--The management plan and all of the
notices of decision, decision notices, and decision memos for the
management plan and for projects implementing the management plan shall
be subject to administrative appeal as provided by law.
(d) Public Safety.--Nothing in this Act shall be construed to
prohibit the Secretary from undertaking or permitting those activities
in the Preserve that the Secretary considers necessary to ensure public
safety and prevent loss of life and property.
SEC. 9. DESIGNATION OF ANCIENT FOREST RESERVES.
(a) Designation.--As part of the management plan, the Secretary
shall designate and map the ancient forest reserves.
(b) Specified Ancient Forest Reserves.--Lands designated as ancient
forest reserves shall include at least the following: The Freeman Creek
watershed, the McIntyre Complex Groves, the Moses Roadless Area, the
Slate Mountain Roadless Area, the Rincon Roadless Area, Deer Meadow,
and the Agnew and Kennedy Sequoia Groves.
(c) Subsequent Designations.--Additional areas may be designated as
ancient forest reserves after the completion of the management plan by
amending the management plan. Such additions shall be based on public
input and scientific recommendations.
SEC. 10. PRESERVE TRANSPORTATION AND ACCESS.
(a) In General.--The management plan shall include a comprehensive
transportation plan for the Preserve. In order to protect the natural
features of the Preserve, reduce conflicts among users of the Preserve,
and ensure visitor safety, the Secretary may regulate and control the
times and means of access and use of the Preserve.
(b) Roads.--
(1) New construction prohibited.--Except for short
connecting sections to make loop roads or to provide access to
campgrounds or for other purposes consistent with this Act, no
new road construction shall occur within the Preserve. No
exceptions under the preceding sentence shall be made in the
case of ancient forest reserves and wilderness areas within the
Preserve.
(2) Road categories.--The transportation plan shall locate
and map all roads in existence on the date of the enactment of
this Act, whether such roads are permanent, temporary, or de
facto, and all compacted areas, such as landings and turnouts. These
roads and compacted areas shall be inventoried and categorized into one
of the following categories:
(A) Existing roads and compacted areas which should
form the permanent road system for the Preserve and are
consistent with the purposes of this Act. This category
may include projections for future needs such as new
campgrounds, interpretive and study centers, and
parking sites.
(B) Roads and compacted areas which are degrading
water quality or ecosystems and which shall be restored
to natural conditions.
(C) Existing roads and compacted areas which may be
converted for use as motorized vehicle recreation roads
without undue resource damage.
(D) Existing roads and landings which could be used
for off-highway vehicles, including the construction of
short connecting sections to provide loop trails.
(E) Existing roads and compacted areas which could
be used in conjunction with the official trail system
for recreation, including snowmobile, cross-country
skiing, recreational stock, hiking, and interpretive
trails and areas suitable for use by the disabled,
including the use of motorized wheelchairs.
(c) Trails.--
(1) Identification of trails.--The transportation plan
shall include a trail plan for the Preserve that inventories
and maps all trails on the 1956 USGS maps, the 1966 Sequoia
National Forest Recreation Map, historical trails, and trails
indicated by public input whether or not they have been
assigned a Forest Service trail number. These trails shall
become the official trail network for the Preserve.
(2) Trail limitations.--In the trail plan, the Secretary
shall determine which trails will be limited to nonmotorized,
nonmechanized recreation, such as by horseback and hiking, and
which trails will allow mechanized recreation of various types,
such as by mountain bike and all-terrain vehicles. The
Secretary shall base such determinations on sensitivity of the
site, potential for user conflicts, and public input. There
shall be no use of motor vehicles on trails in ancient forest
reserves. The trail plan shall include provisions to ensure
adequate and appropriate recreational trail opportunities for disabled
individuals.
(3) Relocation and expansion of trails.--Trails may be
relocated where currently obliterated by roads or logging
damage or where necessary for resource protection. Additional
trails may be added to the trail network through the conversion
of existing roads to such purpose. The establishment of new
trails should be considered throughout the Preserve consistent
with the purposes of this Act.
(d) Emergency and Scientific Access.--Nothing in this section shall
be construed to prohibit the use of motorized vehicles or aircraft for
emergency and other essential administrative services, including those
services provided by State and local governments, or for authorized
scientific research when the use of motorized vehicles or aircraft is a
necessary part of such research.
SEC. 11. RECREATIONAL FACILITIES.
(a) Existing Campgrounds.--All campgrounds in the Preserve on the
date of the enactment of this Act, including campgrounds within grove
boundaries or ancient forest reserves, may remain in place subject to
evaluation by the Secretary.
(b) Expansion.--The Secretary shall provide new camping
opportunities in the Preserve in the form of both developed and
primitive sites. The Secretary shall identify the potential locations
of new campgrounds in the transportation plan prepared under section
10. Such campgrounds shall be constructed outside of ancient forest
reserves in locations where they will cause the least resource damage.
(c) Primitive Camping.--Primitive camping shall be allowed
throughout the Preserve, except that the Secretary may control the use
of certain areas based on usage and resource conditions.
(d) Stock Campgrounds.--In addition to overnight camping facilities
for stock use in existence on the date of the enactment of this Act,
additional horse and other recreational stockcamping opportunities
shall be developed, including potable and stock water supplies and
holding corrals throughout the Preserve. All new construction shall be
outside of groves and ancient forest reserves and shall be in areas
which will cause the least resource damage and in areas which shall
have access to the Preserve trail network. Potential sites shall be
considered in the transportation plan.
(e) Other Recreational Facilities.--The management plan shall
address sites for further study for recreational facilities, such as
interpretive facilities, disabled accessible areas, trailheads, picnic
and day-use facilities, parking areas, scenic lookouts, and
campgrounds. These potential areas shall be identified and coordinated
with the transportation plan.
SEC. 12. EFFECT OF PRESERVE ON ACTIVITIES PREVIOUSLY CONDUCTED IN AREA
COVERED BY PRESERVE.
(a) Hunting and Fishing.--Regulations regarding hunting and fishing
in the Preserve shall continue to be under the jurisdiction of the
California Department of Fish and Game. If hunting and fishing
activities adversely affect the Preserve, the Secretary shall submit
recommendations to the California Department of Fish and Game regarding
changes in such regulations.
(b) Firewood Collection.--The Secretary shall manage firewood
collection based on need and resource protection, except that the
Secretary shall prohibit firewood collection in areas where such
collection harms the resources of the Preserve.
(c) Mineral and Geothermal Leasing.--No patent may be issued under
the mining or geothermal laws of the United States after the date of
the enactment of this Act on Federal lands in the Preserve, even if the
location and claim was made before such date. Federal lands in the
Preserve are hereby withdrawn from all forms of locations, entry, and
patent under the United States mining laws, and from the operation of
the mineral leasing laws of the United States, including all laws
pertaining to geothermal leasing.
(d) Grazing.--Nothing in this Act shall be construed to prohibit or
regulate recreational or commercial grazing. Grazing in the Preserve
shall continue to be regulated by the Forest Service.
SEC. 13. EFFECT OF PRESERVE ON OTHER PUBLIC OR PRIVATE INTERESTS.
(a) State and Local Lands.--Nothing in this Act shall be construed
to affect State-owned, county-owned, or municipally-owned land located
partially or wholly within the boundaries of the Preserve.
(b) Privately Owned Lands.--Nothing in this Act shall be construed
to affect the use or ownership of private land located partially or
wholly within the boundaries of the Preserve on the date of enactment
of this Act. Any action of the Secretary to buy or trade for privately
held lands for inclusion in the Preserve shall require the voluntary
agreement of the private seller.
(c) Special-Use Permits.--Nothing in this Act shall be construed to
affect Forest Service special-use permits or leases in effect at the
time of the enactment of this Act.
(d) Leased Private Homes and Camps.--All homes and camps with valid
leases in the Preserve on the date of the enactment of this Act, and
which are otherwise in compliance with the terms of the leases, shall
continue and may be renewed. Existing special use permits and leases
for homes and camps within the boundaries of the Preserve are hereby
deemed to be consistent with the purposes of this Act. Nothing in this
Act shall be construed to affect the renewal of such permits and
leases.
SEC. 14. WATER RIGHTS.
(a) Reservation of Right.--The Congress hereby reserves a quantity
of water sufficient to fulfill the purposes of this Act. The priority
date of such reserved water rights shall be the date of enactment of
this Act.
(b) Protection of Right.--The Secretary and all other officers of
the United States shall take all steps necessary to protect the rights
reserved by this section, including the filing by the Secretary of a
claim for the quantification of such rights in any present or future
appropriate stream adjudication in the courts of the State of
California in which the United States is or may be joined and which is
conducted in accordance with section 208 of the Act of July 10, 1952
(66 Stat. 560, 43 U.S.C. 666; commonly referred to as the ``McCarran
Amendment'').
(c) Preservation of Prior Rights.--Nothing in this Act shall be
construed as a relinquishment or reduction of any water rights reserved
or appropriated by the United States in the State of California on or
before the date of enactment of this Act.
(d) Rule of Construction.--The Federal water rights reserved by
this Act are specific to the Preserve. Nothing in this Act related to
the reserved Federal water rights shall be construed as establishing a
precedent with regard to any future designation, nor shall it
constitute an interpretation of any other Act or any designation made
pursuant thereto.
SEC. 15. PAYMENTS TO LOCAL GOVERNMENTS.
(a) Section Supersedes Other Payment Provisions.--Payments under
this section shall be made in lieu of payments under the Act of May 23,
1908 (16 U.S.C. 500) and chapter 69 of title 31 of the United States
Code in connection with Federal lands included in the Preserve.
(b) Payments Required.--The Secretary shall make payments under
this section each fiscal year to the local government of each political
subdivision whose boundaries include Federal lands in the Preserve if
such local government would have received real property tax revenues
had such lands been privately rather than publicly held. In the case of
the fiscal year of the enactment of this Act, the Secretary shall pro
rate the payment that would otherwise be made under this section.
(c) Amount of Payment.--The amount of the payment to be made to a
local government under this section shall be equal to the amount of the
real property tax which would be due to the local government with
respect to Federal lands in the Preserve in the fiscal year concerned
had such lands been privately rather than publicly held and used for
timber production in the State of California. For purposes of this
section, the amount of the required payment be referred to as the
``tax-equivalency amount''.
(d) Determination of Tax-Equivalency Amount.--For each fiscal year,
the Secretary, after consultation with the Comptroller General, shall
determine a proposed tax-equivalency amount for all Federal lands in
the Preserve. Upon determining the proposed tax-equivalency amount for
any political subdivision, the Secretary shall notify the local
government concerned. If the local government notifies the Secretary
that the local government accepts the Secretary's estimate, the
Secretary shall promptly make such payment to the local government.
(e) Disputes.--If a local government objects to the Secretary's
estimate of the tax-equivalency amount proposed to be paid by the
Secretary under this section for any fiscal year, the local government
shall notify the Secretary in writing of the amount which the local
government estimates to be the correct tax-equivalency amount. Upon
receipt of such notice, the Secretary shall appoint an arbiter. The
local government shall also appoint an arbiter. The two arbiters shall
jointly appoint a third arbiter. The three arbiters shall comprise an
arbitration panel which shall determine the tax-equivalency amount to
be paid under this section to the local government. The determination
of the arbitration panel shall be binding on the Secretary and the
local government and shall not be subject to judicial review, except as
provided in sections 10 and 11 of title 9, United States Code.
(f) Costs of Arbitration.--The costs of any arbitration under
subsection (e) shall be paid by the Secretary, except that if the tax-
equivalency amount determined by the arbitration panel is closer to the
amount specified by the Secretary than to the amount estimated by the
local government, the costs of the arbitration shall be deducted from
the tax-equivalency amount paid to the local government.
(g) Accounting.--As a condition for receiving the tax-equivalency
amount, the local government shall agree to provide an annual
accounting to the Secretary of all purposes for which the tax-
equivalency amount is used and the amount used for each purpose.
SEC. 16. COMMUNITY ASSISTANCE TASK FORCE.
(a) Establishment.--The Secretary shall establish a Community
Assistance Task Force to oversee the provision of assistance to
communities and workers in political subdivisions whose boundaries
include Federal lands in the Preserve or contain facilities that milled
timber from lands included in the Preserve during any portion of the
five-year period ending on the date of the enactment of this Act.
(b) Community Requests for Assistance.--Any community described in
subsection (a) that is adversely affected by loss of Federal timber
sales as a result of this Act may request assistance from the Task
Force. The Task Force shall verify the stated need for the assistance
and the purposes for which the assistance will be used.
(c) Types of Community Assistance.--The Task Force shall provide
assistance (including technical assistance) for the establishment of
local community task forces, retraining programs for workers,
diversification of local economies, and job counseling and job
placement services. Such assistance may be in the form of loans and
grants. The Secretary may authorize the use of facilities, equipment,
and personnel of the Department of Agriculture to provide such
assistance.
(d) Worker Requests for Assistance.--Any worker displaced from a
job in the timber industry because of the loss of Federal timber sales
as a result of this Act may request assistance from the Task Force to
assist the worker in securing other employment.
(e) Development of Employment Opportunities.--The Task Force shall
encourage and develop employment opportunities in the political
subdivisions described in subsection (a) in forest ecosystem
restoration, recreation, and other forms of employment compatible with
the purposes and provisions of this Act.
(f) Termination.--The Task Force shall terminate five years after
the date of its establishment by the Secretary.
SEC. 17. PREPARATION OF BUDGET PROPOSAL FOR PRESERVE.
In preparing the budget proposal for the Preserve for each fiscal
year, the Secretary shall not target any of the budget to any commodity
production in the Preserve. The amount of the budget request shall be
proportionate to the funds which the Sequoia National Forest received
before the enactment of this Act.
SEC. 18. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
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Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Referred to the Subcommittee on Forests and Forest Health.
Referred to Department of Agriculture for comments.
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