Northwest California Wilderness, Recreation, and Working Forests Act

IB Union Calendar No. 312 116TH CONGRESS 2D SESSION H. R. 2250 [Report No. 116–389] To provide for restoration, economic development, recreation, and conservation on Federal lands in Northern California, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 10, 2019 Mr. HUFFMAN (for himself, Mr. CARBAJAL, and Ms. JUDY CHU of California) introduced the following bill; which was referred to the Committee on Natural Resources FEBRUARY 4, 2020 Additional sponsors: Ms. LEE of California, Ms. ESHOO, Mr. LOWENTHAL, Mr. LEVIN of California, Mr. DESAULNIER, Mrs. DINGELL, Mr. CASE, Mr. CA´RDENAS, Ms. LOFGREN, Mrs. NAPOLITANO, Ms. ROYBAL-ALLARD, Mr. SHERMAN, Mr. TED LIEU of California, Ms. BROWNLEY of Cali- fornia, Mr. AGUILAR, Mr. KHANNA, Mr. ROUDA, Mr. SCHIFF, Mr. GARAMENDI, Mr. THOMPSON of California, and Ms. BASS FEBRUARY 4, 2020 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on April 10, 2019] VerDate Sep 11 2014 20:37 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H2250.RH H2250 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 2250 RH A BILL To provide for restoration, economic development, recreation, and conservation on Federal lands in Northern Cali- fornia, and for other purposes. VerDate Sep 11 2014 20:37 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H2250.RH H2250 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 2250 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Northwest California Wilderness, Recreation, and Working 5 Forests Act’’. 6 (b) TABLE OF CONTENTS.—The table of contents for 7 this Act is as follows: 8 Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—RESTORATION AND ECONOMIC DEVELOPMENT Sec. 101. South Fork Trinity-Mad River Restoration Area. Sec. 102. Redwood National and State Parks restoration. Sec. 103. California Public Lands Remediation Partnership. Sec. 104. Trinity Lake visitor center. Sec. 105. Del Norte County visitor center. Sec. 106. Management plans. Sec. 107. Study; partnerships related to overnight accommodations. TITLE II—RECREATION Sec. 201. Horse Mountain Special Management Area. Sec. 202. Bigfoot National Recreation Trail. Sec. 203. Elk Camp Ridge Recreation Trail. Sec. 204. Trinity Lake Trail. Sec. 205. Trails study. Sec. 206. Construction of mountain bicycling routes. Sec. 207. Partnerships. TITLE III—CONSERVATION Sec. 301. Designation of wilderness. Sec. 302. Administration of wilderness. Sec. 303. Designation of potential wilderness. Sec. 304. Designation of wild and scenic rivers. Sec. 305. Sanhedrin Special Conservation Management Area. TITLE IV—MISCELLANEOUS Sec. 401. Maps and legal description. Sec. 402. Updates to land and resource management plans. Sec. 403. Pacific Gas and Electric Company Utility facilities and rights-of-way. VerDate Sep 11 2014 20:37 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6213 E:\BILLS\H2250.RH H2250 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 2250 RH SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) SECRETARY.—The term ‘‘Secretary’’ 3 means— 4 (A) with respect to land under the jurisdic- 5 tion of the Secretary of Agriculture, the Sec- 6 retary of Agriculture; and 7 (B) with respect to land under the jurisdic- 8 tion of the Secretary of the Interior, the Sec- 9 retary of the Interior. 10 (2) STATE.—The term ‘‘State’’ means the State 11 of California. 12 TITLE I—RESTORATION AND 13 ECONOMIC DEVELOPMENT 14 SEC. 101. SOUTH FORK TRINITY-MAD RIVER RESTORATION 15 AREA. 16 (a) DEFINITIONS.—In this section: 17 (1) COLLABORATIVELY DEVELOPED.—The term 18 ‘‘collaboratively developed’’ means projects that are 19 developed and implemented through a collaborative 20 process that— 21 (A) includes— 22 (i) appropriate Federal, State, and 23 local agencies; and 24 (ii) multiple interested persons rep- 25 resenting diverse interests; and 26 VerDate Sep 11 2014 20:37 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H2250.RH H2250 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 2250 RH (B) is transparent and nonexclusive. 1 (2) PLANTATION.—The term ‘‘plantation’’ means 2 a forested area that has been artificially established 3 by planting or seeding. 4 (3) RESTORATION.—The term ‘‘restoration’’ 5 means the process of assisting the recovery of an eco- 6 system that has been degraded, damaged, or destroyed 7 by establishing the composition, structure, pattern, 8 and ecological processes necessary to facilitate terres- 9 trial and aquatic ecosystem sustainability, resilience, 10 and health under current and future conditions. 11 (4) RESTORATION AREA.—The term ‘‘restoration 12 area’’ means the South Fork Trinity-Mad River Res- 13 toration Area, established by subsection (b). 14 (5) SHADED FUEL BREAK.—The term ‘‘shaded 15 fuel break’’ means a vegetation treatment that effec- 16 tively addresses all project-generated slash and that 17 retains: adequate canopy cover to suppress plant re- 18 growth in the forest understory following treatment; 19 the longest lived trees that provide the most shade over 20 the longest period of time; the healthiest and most vig- 21 orous trees with the greatest potential for crown- 22 growth in plantations and in natural stands adjacent 23 to plantations; and all mature hardwoods, when prac- 24 ticable. 25 VerDate Sep 11 2014 20:37 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H2250.RH H2250 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 2250 RH (6) STEWARDSHIP CONTRACT.—The term ‘‘stew- 1 ardship contract’’ means an agreement or contract 2 entered into under section 604 of the Healthy Forests 3 Restoration Act of 2003 (16 U.S.C. 6591c). 4 (7) WILDLAND-URBAN INTERFACE.—The term 5 ‘‘wildland-urban interface’’ has the meaning given the 6 term by section 101 of the Healthy Forests Restora- 7 tion Act of 2003 (16 U.S.C. 6511). 8 (b) ESTABLISHMENT.—Subject to valid existing rights, 9 there is established the South Fork Trinity-Mad River Res- 10 toration Area, comprising approximately 729,089 acres of 11 Federal land administered by the Forest Service and ap- 12 proximately 1,280 acres of Federal land administered by 13 the Bureau of Land Management, as generally depicted on 14 the map entitled ‘‘South Fork Trinity-Mad River Restora- 15 tion Area—Proposed’’ and dated July 3, 2018, to be known 16 as the South Fork Trinity-Mad River Restoration Area. 17 (c) PURPOSES.—The purposes of the restoration area 18 are to— 19 (1) establish, restore, and maintain fire-resilient 20 forest structures containing late successional forest 21 structure characterized by large trees and multistoried 22 canopies, as ecologically appropriate; 23 (2) protect late successional reserves; 24 VerDate Sep 11 2014 20:37 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H2250.RH H2250 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 2250 RH (3) enhance the restoration of Federal lands 1 within the restoration area; 2 (4) reduce the threat posed by wildfires to com- 3 munities within the restoration area; 4 (5) protect and restore aquatic habitat and 5 anadromous fisheries; 6 (6) protect the quality of water within the res- 7 toration area; and 8 (7) allow visitors to enjoy the scenic, rec- 9 reational, natural, cultural, and wildlife values of the 10 restoration area. 11 (d) MANAGEMENT.— 12 (1) IN GENERAL.—The Secretary shall manage 13 the restoration area— 14 (A) in a manner consistent with the pur- 15 poses described in subsection (c); 16 (B) in a manner that— 17 (i) in the case of the Forest Service, 18 prioritizes restoration of the restoration 19 area over other nonemergency vegetation 20 management projects on the portions of the 21 Six Rivers and Shasta-Trinity National 22 Forests in Humboldt and Trinity Counties; 23 and 24 VerDate Sep 11 2014 20:37 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H2250.RH H2250 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 2250 RH (ii) in the case of the United States 1 Fish and Wildlife Service, establishes with 2 the Forest Service an agreement for co- 3 operation to ensure timely completion of 4 consultation required by section 7 of the 5 Endangered Species Act (15 U.S.C. 1536) 6 on restoration projects within the restora- 7 tion area and agreement to maintain and 8 exchange information on planning schedules 9 and priorities on a regular basis; 10 (C) in accordance with— 11 (i) the laws (including regulations) 12 and rules applicable to the National Forest 13 System for land managed by the Forest 14 Service; 15 (ii) the Federal Land Policy and Man- 16 agement Act of 1976 (43 U.S.C. 1701 et 17 seq.) for land managed by the Bureau of 18 Land Management; 19 (iii) this Act; and 20 (iv) any other applicable law (includ- 21 ing regulations); and 22 (D) in a manner consistent with congres- 23 sional intent that consultation for restoration 24 VerDate Sep 11 2014 20:37 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H2250.RH H2250 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 2250 RH projects within the restoration area is completed 1 in a timely and efficient manner. 2 (2) CONFLICT OF LAWS.— 3 (A) IN GENERAL.—The establishment of the 4 restoration area shall not change the manage- 5 ment status of any land or water that is des- 6 ignated wilderness or as a wild and scenic river, 7 including lands and waters designated by this 8 Act. 9 (B) RESOLUTION OF CONFLICT.—If there is 10 a conflict between the laws applicable to the 11 areas described in subparagraph (A) and this 12 section, the more restrictive provision shall con- 13 trol. 14 (3) USES.— 15 (A) IN GENERAL.—The Secretary shall only 16 allow uses of the restoration area that the Sec- 17 retary determines would further the purposes de- 18 scribed in subsection (c). 19 (B) PRIORITY.—The Secretary shall 20 prioritize restoration activities within the res- 21 toration area. 22 (C) LIMITATION.—Nothing in this section 23 shall limit the Secretary’s ability to plan, ap- 24 VerDate Sep 11 2014 20:37 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H2250.RH H2250 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 2250 RH prove, or prioritize activities outside of the res- 1 toration area. 2 (4) WILDLAND FIRE.— 3 (A) IN GENERAL.—Nothing in this section 4 prohibits the Secretary, in cooperation with 5 other Federal, State, and local agencies, as ap- 6 propriate, from conducting wildland fire oper- 7 ations in the restoration area, consistent with 8 the purposes of this section. 9 (B) PRIORITY.—The Secretary may use pre- 10 scribed burning and managed wildland fire to 11 the fullest extent practicable to achieve the pur- 12 poses of this section. 13 (5) ROAD DECOMMISSIONING.— 14 (A) IN GENERAL.—To the extent prac- 15 ticable, the Secretary shall decommission 16 unneeded National Forest System roads identi- 17 fied for decommissioning and unauthorized roads 18 identified for decommissioning within the res- 19 toration area— 20 (i) subject to appropriations; 21 (ii) consistent with the analysis re- 22 quired by subparts A and B of part 212 of 23 title 36, Code of Federal Regulations; and 24 (iii) in accordance with existing law. 25 VerDate Sep 11 2014 20:37 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H2250.RH H2250 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 2250 RH (B) ADDITIONAL REQUIREMENT.—In mak- 1 ing determinations regarding road decommis- 2 sioning under subparagraph (A), the Secretary 3 shall consult with— 4 (i) appropriate State, Tribal, and local 5 governmental entities; and 6 (ii) members of the public. 7 (C) DEFINITION.—As used in subparagraph 8 (A), the term ‘‘decommission’’ means— 9 (i) to reestablish vegetation on a road; 10 and 11 (ii) to restore any natural drainage, 12 watershed function, or other ecological proc- 13 esses that are disrupted or adversely im- 14 pacted by the road by removing or 15 hydrologically disconnecting the road prism. 16 (6) VEGETATION MANAGEMENT.— 17 (A) IN GENERAL.—Subject to subpara- 18 graphs (B), (C), and (D), the Secretary may 19 conduct vegetation management projects in the 20 restoration area only where necessary to— 21 (i) maintain or restore the characteris- 22 tics of ecosystem composition and structure; 23 (ii) reduce wildfire risk to communities 24 by promoting forests that are fire resilient; 25 VerDate Sep 11 2014 20:37 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H2250.RH H2250 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 2250 RH (iii) improve the habitat of threatened, 1 endangered, or sensitive species; 2 (iv) protect or improve water quality; 3 or 4 (v) enhance the restoration of lands 5 within the restoration area. 6 (B) ADDITIONAL REQUIREMENTS.— 7 (i) SHADED FUEL BREAKS.—In car- 8 rying out subparagraph (A), the Secretary 9 shall prioritize, as practicable, the establish- 10 ment of a network of shaded fuel breaks 11 within— 12 (I) the portions of the wildland- 13 urban interface that are within 150 14 feet from private property contiguous 15 to Federal land; 16 (II) one hundred and fifty feet 17 from any road that is open to motor- 18 ized vehicles as of the date of enact- 19 ment of this Act— 20 (aa) except that, where topog- 21 raphy or other conditions require, 22 the Secretary may establish 23 shaded fuel breaks up to 275 feet 24 from a road so long as the com- 25 VerDate Sep 11 2014 20:37 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H2250.RH H2250 pamtmann on DSKBC07HB2PROD with BILLS 13 •HR 2250 RH bined total width of the shaded 1 fuel breaks for both sides of the 2 road does not exceed 300 feet; and 3 (bb) provided that the Sec- 4 retary shall include vegetation 5 treatments within a minimum of 6 25 feet of the road where prac- 7 ticable, feasible, and appropriate 8 as part of any shaded fuel break; 9 or 10 (III) one hundred and fifty feet of 11 any plantation. 12 (ii) PLANTATIONS; RIPARIAN RE- 13 SERVES.—The Secretary may undertake 14 vegetation management projects— 15 (I) in areas within the restoration 16 area in which fish and wildlife habitat 17 is significantly compromised as a re- 18 sult of past management practices (in- 19 cluding plantations); and 20 (II) within designated riparian 21 reserves only where necessary to main- 22 tain the integrity of fuel breaks and to 23 enhance fire resilience [Text truncated for display. Full text available on Congress.gov.]