Text: S.2566 — 101st Congress (1989-1990)All Information (Except Text)

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--S.2566--
S.2566
One Hundred First Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the twenty-third day
of January,
one thousand nine hundred and ninety
An Act
To establish the Smith River National Recreation Area, to redesignate
the Sunset
Crater National Monument, and for other purposes.
 Be it enacted by the Senate and House of Representatives of the United
 States of America in Congress assembled,
SECTION 1. SHORT TITLE.
 Sections 1 through 14 of this Act may be cited as the `Smith River National
 Recreation Area Act'.
SEC. 2. FINDINGS.
 The Congress finds that--
 (1) the Smith River, undammed and free-flowing from its headwaters to the
 Pacific Ocean, represents one of the last wholly intact vestiges of an
 invaluable legacy of wild and scenic rivers;
 (2) the Smith River watershed, from the diverse conifer forests of the
 Siskiyou Mountains and unique botanical communities of the North Fork
 serpentine to the ancient redwoods along the river's lower reaches, exhibits
 a richness of ecological diversity unusual in a basin of its size;
 (3) the Smith River watershed's scenic beauty, renowned anadromous fisheries,
 exceptional water quality, and abundant wildlife combine with its ready
 accessibility to offer exceptional opportunities for a wide range of
 recreational activities, including wilderness, water sports, fishing,
 hunting, camping, and sightseeing;
 (4) careful development and utilization at mutually compatible levels of
 recreation, fisheries, and timber resources on public lands will ensure the
 continuation of the Smith River watershed's historic role as a significant
 contributor to the region's local economy; and
 (5) protection of the Smith River's unique values can be enhanced by a
 cooperative effort by Federal, State and local governments to coordinate
 land-use planning, management, and development of Federal and non-Federal
 lands throughout the watershed.
SEC. 3. DEFINITIONS.
 As used in this Act--
 (1) the term `excluded area' means one of the four areas specifically excluded
 from the recreation area, as generally depicted on the map referred to in
 section 4(b);
 (2) the term `forest plan' means the land and resource management plan for
 the Six Rivers National Forest prepared pursuant to section 6 of the Forest
 and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604);
 (3) the term `recreation area' means the Smith River National Recreation
 Area established by section 4;
 (4) the term `Secretary' means the Secretary of Agriculture; and
 (5) the term `inner gorge' means the inherently unstable steep slope
 (65 percent gradient or more) immediately adjacent to the stream or river
 channel, extending from the channel or recent floodplain to the first
 significant  break in slope (usually 15 percent or more).
SEC. 4. SMITH RIVER NATIONAL RECREATION AREA.
 (a) ESTABLISHMENT- For the purposes of ensuring the preservation, protection,
 enhancement, and interpretation for present and future generations of
 the Smith River watershed's outstanding wild and scenic rivers, ecological
 diversity, and recreation opportunities while providing for the wise use and
 sustained productivity of its natural resources, there is hereby established
 the Smith River National Recreation Area.
 (b) BOUNDARIES- (1) The recreation area shall consist of those lands within
 the area generally depicted on the map entitled `Proposed Smith River
 National Recreation Area' and dated July 1990. The map shall be on file and
 available for public inspection in the Office of the Chief, Forest Service,
 Department of Agriculture. The Secretary may, by publication of availability
 of a revised map and after public comment, make corrections or minor changes
 to the boundary of the recreation area.
 (2) The exterior boundary of the recreation area, as generally depicted on
 the map, shall encompass the recreation area and the four excluded areas.
 (c) BOUNDARY MODIFICATION- The boundaries of the Six Rivers National
 Forest are hereby modified as generally depicted on the map referred to
 in subsection (b). A map and legal description of the boundary of the Six
 Rivers National Forest as modified by this subsection shall be on file and
 available for public inspection in the Office of the Chief, Forest Service,
 and the Office of the Forest Supervisor of the Six Rivers National Forest.
 (d) TRANSFER- The federally owned lands within the recreation area
 administered by the Secretary of the Interior on the date of enactment
 of this Act, comprising approximately 20 acres, are hereby transferred
 to the jurisdiction of the Secretary of Agriculture and shall be managed
 in accordance with the laws applicable to the National Forest System and
 this Act.
SEC. 5. ADMINISTRATION.
 (a) IN GENERAL- The Secretary shall administer the recreation area in
 accordance with this Act and the laws, rules, and regulations applicable
 to the National Forest System in furtherance of the purposes for which the
 recreation area was established. In administering the recreation area, the
 Secretary shall, consistent with the applicable area management emphasis
 provided under subsection (b), undertake the following:
 (1) Provide for a broad range of recreation uses and provide recreational
 and interpretive services and facilities (including trails and campgrounds)
 for the public.
 (2) Provide and maintain adequate public access, including vehicular roads for
 general recreational activities such as camping, hiking, hunting, and fishing.
 (3) Improve the anadromous fishery and water quality, including (but not
 limited to) stabilizing landslides, improving fish spawning and rearing
 habitat, and placing appropriate restrictions or limitations on soil
 disturbing activities.
 (4) Permit the use of off-road vehicles only on designated routes.
 (5) Provide for public health and safety and for the protection of the
 recreation area in the event of fire or infestation of insects or disease.
 (6) Permit programmed timber harvest only in those management areas where
 timber harvest is specifically authorized by subsection (b). Timber management
 in these areas shall incorporate the use of strategies to reduce habitat
 fragmentation and employ silvicultural prescriptions designed to maintain
 or enhance biological diversity and wildlife habitats (such as retention
 of standing green trees, snags, and other coarse woody debris) by providing
 for a high level of structural and compositional diversity in managed stands.
 (7) Permit removal of trees within streamside protection zones along those
 rivers and river segments specified in section 11 of this Act only when
 necessary for human health and safety, to maintain trails or existing roads,
 for the development of recreation or other facilities, for the protection
 of the recreation area in the event of fire, or to improve fish and wildlife
 habitat.
 (8) Consistent with applicable requirements of law, permit removal of
 trees in those management areas where timber harvest is not specifically
 authorized by subsection (b) when necessary for human health and safety,
 to maintain trails or existing roads, for the development of recreation
 or other facilities, for the protection of the recreation area in the
 event of fire, or to improve fish and wildlife habitat. Timber damaged
 or down in these areas as a result of fire, insects, disease, blowdown or
 other natural events shall otherwise be retained in its natural condition,
 with removal permitted only upon a written determination by the Secretary,
 based upon written findings, that such removal is necessary to provide
 for or maintain or enhance biological and ecological diversity, without
 regard for the commodity value of the timber. Such a decision shall not be
 delegable by the Secretary but shall be subject to administrative appeal
 and judicial review.
 (9) Provide for the long-term viability and presence of Port-Orford-cedar
 and ensure its continued present economic and noneconomic uses through
 implementation of management strategies developed by the Forest Service.
 (10) Except where timber harvest is specifically authorized by subsection
 (b) protect, preserve, and increase old growth forest habitat in the
 recreation area.
 (11) Provide for the restoration of landscapes damaged by past human activity
 consistent with the purposes of this Act.
 (12) Develop a monitoring program to consistently gather water quality,
 air quality, wildlife, and fisheries data from representative Smith River
 subwatersheds.
 (13) Develop and implement a management plan to maintain, protect, and
 promote habitat for native resident trout species in the recreation area.
 (14) Cooperate with other Federal, State, and local government agencies in
 coordinating planning efforts throughout the Smith River watershed.
 (b) MANAGEMENT AREAS- (1) The recreation area shall contain eight management
 areas, as generally depicted on the map referred to in section 4(b). The
 Secretary may, pursuant to section 4(b), make minor revisions or amendments
 to the boundaries of the management areas.
 (2) The Secretary shall administer each management area within the recreation
 area in accordance with the following:
 (A) The management emphasis for the North Fork management area shall be on
 back-country and whitewater recreation, while recognizing unique botanic
 communities, outstanding whitewater, and historic and scenic values.
 (B) The management emphasis for the Upper Middle Fork management area shall
 be on providing and maintaining ecologic and biologic diversity. Timber
 harvest shall be permitted, consistent with subsection (a)(6), only in
 existing plantations.
 (C) The management emphasis for the Middle Fork-Highway 199 management
 area shall be on maintaining wildlife values and providing for a full range
 of recreation uses, with particular emphasis on the scenic and recreation
 values associated with the Smith River, old growth redwoods, and California
 State Highway 199.
 (D) The management emphasis for the Upper South Fork management area shall
 be on wild river and roadless back-country recreation.
 (E) The management emphasis for the Lower South Fork management area shall
 be on maintaining and protecting natural scenic values in the river canyon
 while providing for traditional and compatible river sports, including
 white water rafting, angling, sightseeing, and developed and dispersed
 recreation. Timber harvests based on uneven-aged management with extended
 rotations shall be allowed where consistent with protection of the scenic
 values of the recreation area.
 (F) The management emphasis for the Lower Hurdygurdy Creek management
 area shall be on maintenance of wildlife values while providing rustic
 family and group recreation facilities for fishing, swimming, hunting,
 and camping. Timber harvests based on uneven-aged management with extended
 rotations shall be allowed where consistent with protection of scenic and
 wildlife values.
 (G) The management emphasis for the prescribed timber management area
 shall be on providing a sustained yield of wood products while maintaining
 biological and ecological diversity.
 (H) The management of the Siskiyou Wilderness management area shall be
 pursuant to the provisions of the Wilderness Act (16 U.S.C. 1131 et seq.). The
 Gasquet-Orleans Road corridor between the eastern edge of section 36, T. 14
 N., R. 3 E, and the corridor's eastern terminus in the middle of section 26,
 T. 14 N., R. 4 E. shall be added to the Siskiyou Wilderness.
 (c) WILD AND SCENIC RIVERS- The river segments designated as wild and
 scenic rivers by the amendments made by section 10(b) of this Act shall be
 administered in accordance with this Act and the Wild and Scenic Rivers Act
 (16 U.S.C. 1271 et seq.). In case of conflict between the provisions of
 these Acts, the more restrictive provision shall apply.
SEC. 6. ACQUISITION AND DISPOSAL OF LANDS AND OTHER PROPERTY.
 (a) ACQUISITION- The Secretary is authorized to acquire by purchase, donation,
 exchange, or otherwise lands, waters, or interests therein (including
 scenic or other easements), and structures or other improvements thereon,
 within the boundaries of the recreation area as the Secretary determines
 appropriate for the purposes of this Act. In exercising this authority,
 the Secretary is directed to give prompt and careful consideration to any
 offer to sell, exchange, or otherwise dispose of such property made by an
 individual or organization. The Secretary shall not acquire any land or
 interest in land owned by the State of California or any of its political
 subdivisions within the recreation area except by donation or exchange. All
 lands acquired by the Secretary pursuant to this Act shall be subject to the
 laws and regulations pertaining to the National Forest System and this Act.
 (b) TRANSFERS TO DEL NORTE COUNTY- (1) Upon the adoption of a resolution by
 the Board of Supervisors of the County of Del Norte, California, accepting
 title to the lands described in paragraph (2) and subject to the County
 of Del Norte bearing the cost of the survey of such lands, the Secretary
 shall transfer all right, title, and interest of the United States in and
 to the lands described in paragraph (2).
 (2) The lands referred to in paragraph (1) are described as follows:
 (A) Lands north of tract 37, T. 17 N., R. 3 E., H.M., containing 6 acres,
 more or less, and more particularly described as:
 Commencing at the N.E. corner of tract 37, T. 17 N., R. 3 E., H.M.; thence,
 northerly on a line continuing the eastern boundary of said tract 37 to a
 point where it intersects the southern boundary of the easement for State
 highway conveyed to the State of California, Department of Transportation,
 on the 17th day of May 1977, and recorded on June 22, 1977 at book 206
 of Official Records, page 256; thence, southwesterly along the southern
 boundary of said easement to the point where it intersects the northern
 boundary of said tract 37; thence, easterly along the northern boundary of
 said tract 37 to the point of beginning.
 (B) Lands east of tract 37, T. 17 N., R. 3 E., H.M., containing 6 acres,
 more or less, and more particularly described as:
 Commencing at a point on the eastern boundary of tract 37, T. 17 N., R. 3 E.,
 H.M., lying 332 feet southerly of the N.E. corner of said tract 37; thence,
 due east to the high water line of the Middle Fork of the Smith River;
 thence, southwesterly along the high water line of the Middle Fork of the
 Smith River to its intersection with the northern boundary of tract 38,
 T. 17 N., R. 3 E.; thence, westerly along the northern boundary of said
 tract 38 to its intersection with said track 37; thence, northerly along
 the eastern boundary of said tract 37 to the point of beginning.
 (c) CONDITIONS OF TRANSFER- Transfer of the lands and interests described
 in subsection (b)(2) of this section shall be subject to the condition
 that all right, title, and interest therein shall revert to the United
 States if the county of Del Norte, California, attempts to transfer any
 portion of such lands to any other entity or person or if Del Norte County
 permits any portion of such lands to be used for any purpose incompatible
 with the purposes of this Act. The Secretary shall include in any document
 of conveyance whereby such lands are transferred to the county of Del Norte
 appropriate provisions to implement this subsection.
 (d) WITHDRAWAL- Subject to valid existing rights, all public lands within the
 recreation area are hereby withdrawn from entry, sale, or other disposition
 under the public land laws of the United States. This subsection shall not
 affect the exchange authorities of the Secretary.
SEC. 7. FISH AND GAME.
 Nothing in this Act shall be construed to affect the jurisdiction
 or responsibilities of the State of California with respect to fish and
 wildlife, including the regulation of hunting, fishing, and trapping on any
 lands managed by the Secretary under this Act, except that the Secretary
 may designate zones where, and establish periods when, no hunting, fishing,
 or trapping shall be permitted for reasons of protecting nongame species
 and their habitats, public safety, administration, or public use and
 enjoyment. Except in emergencies, any regulation of the Secretary pursuant
 to this section shall be put into effect only after consultation with the
 fish and wildlife agency of the State of California.
SEC. 8. MINERALS.
 (a) WITHDRAWAL- Subject to valid existing rights, Federal lands within the
 exterior boundary of the recreation area are hereby withdrawn from all forms
 of location, entry, and patent under the United States mining laws and from
 disposition under the mineral leasing laws, including all laws pertaining
 to geothermal leasing.
 (b) PATENTS- Patents may not be issued under the mining laws of the United
 States after the date of enactment of this Act for locations and claims
 made before the date of enactment of this Act on Federal lands located
 within the exterior boundaries of the recreation area.
 (c) ADMINISTRATION- Subject to valid existing rights except for extraction
 of common variety minerals such as stone, sand, and gravel for use in
 construction and maintenance of roads and other facilities within the
 recreation area and the excluded areas, all other mineral development on
 federally owned lands within the recreation area is prohibited.
 (d) REGULATIONS- The Secretary is authorized and directed to issue
 supplementary regulations to promote and protect the purposes for which
 the recreation area is designated.
SEC. 9. MANAGEMENT PLANNING.
 The Secretary shall revise the document entitled `Smith River National
 Recreation Area Management Plan' dated February 1990 to conform to the
 provisions of this Act, and such revised plan shall guide management of the
 recreation area and shall be incorporated in its entirety into the forest plan
 for the Six Rivers National Forest. This incorporation shall not be deemed
 a revision or amendment to the forest plan for purposes of the section 6
 of the Forest and Rangeland Renewable Resources Planning Act of 1974. The
 Secretary shall make such further revisions to the management plan as are
 necessary in order to include more specific development and use plans for
 the recreation areas. Such revisions shall be made no later than 5 years
 after the enactment of this Act. Such revisions and any other modifications
 of the management plan shall be made only through the processes of revision
 or amendment of the forest plan pursuant to section 6 of the Forest and
 Rangeland Renewable Resources Planning Act of 1974, including appropriate
 consultation with State and local government officials and provision for
 full public participation considering the views of all interested parties,
 organizations, and individuals.
SEC. 10. WILD AND SCENIC RIVERS.
 (a) PREVIOUS DESIGNATIONS- Previous designations dated January 19, 1990, by
 the Secretary of the Interior (46 Fed. Reg. 7483-84) under section 2(a)(ii)
 of the Wild and Scenic Rivers Act (16 U.S.C. 1273) of rivers within the
 exterior boundary of the recreation area are superseded by this Act.
 (b) DESIGNATIONS- Section 3(a) of the Wild and Scenic Rivers Act (16
 U.S.C. 1274) is amended by adding at the end thereof the following new
 paragraphs:
 `(  ) SMITH RIVER, CALIFORNIA- The segment from the confluence of the
 Middle Fork Smith River and the North Fork Smith River to the Six Rivers
 National Forest boundary, including the following segments of the mainstem
 and certain tributaries, to be administered by the Secretary of Agriculture
 in the following classes:
 `(A) The segment from the confluence of the Middle Fork Smith River and the
 South Fork Smith River to the National Forest boundary, as a recreational
 river.
 `(B) Rowdy Creek from the California-Oregon State line to the National
 Forest boundary, as a recreational river.
 `(  ) MIDDLE FORK SMITH RIVER, CALIFORNIA- The segment from the headwaters
 to its confluence with the North Fork Smith River, including the following
 segments of the mainstem and certain tributaries, to be administered by
 the Secretary of Agriculture in the following classes:
 `(A) The segment from its headwaters about 3 miles south of Sanger Lake,
 as depicted on the 1956 USGS 15« Preston Peak topographic map, to the
 center of section 7, T. 17 N., R. 5 E., as a wild river.
 `(B) The segment from the center of section 7, T. 17 N., R. 5 E., to the
 center of section 6, T. 17 N., R. 5 E., as a scenic river.
 `(C) The segment from the center of section 6, T. 17 N., R. 5 E., to one-half
 mile upstream from its confluence with Knopki Creek, as a wild river.
 `(D) The segment from one-half mile upstream of its confluence with Knopki
 Creek to its confluence with the South Fork Smith River, as a recreational
 river.
 `(E) Myrtle Creek from its headwaters in section 9, T. 17 N., R. 1 E.,
 as depicted on the 1952 USGS 15« Crescent City topographic map, to the
 middle of section 28, T. 17 N., R. 1 E., as a scenic river.
 `(F) Myrtle Creek from the middle of section 28, T. 17 N., R. 1 E., to its
 confluence with the Middle Fork Smith River, as a wild river.
 `(G) Shelly Creek from its headwaters in section 1, T. 18 N., R., 3 E., as
 depicted on the 1951 USGS 15« Gasquet topographic map, to its confluence
 with Patrick Creek, as a recreational river.
 `(H) Kelly Creek from its headwaters in section 32, T. 17 N., R. 3 E., as
 depicted on the 1951 USGS 15« Gasquet  topographic map, to its confluence
 with the Middle Fork Smith River, as a scenic river.
 `(I) Packsaddle Creek from its headwaters about 0.8 miles southwest of Broken
 Rib Mountain, as depicted on the 1956 USGS 15« Preston Peak  topographic
 map, to its confluence with the Middle Fork Smith River, as a scenic river.
 `(J) East Fork Patrick Creek from its headwaters in section 10, T. 18 N.,
 R. 3 E., as depicted on the 1951 USGS 15« Gasquet  topographic map, to
 its confluence with the West Fork of Patrick Creek, as a recreational river.
 `(K) West Fork Patrick Creek from its headwaters in section 18, T. 18
 N., R. 3 E., as depicted on the 1951 15« Gasquet topographic map to its
 confluence with the East Fork Patrick Creek, as a recreational river.
 `(L) Little Jones Creek from its headwaters in section 34, T. 17 N., R. 3 E.,
 as depicted on the 1951 USGS 15« Gasquet topographic map to its confluence
 with the Middle Fork Smith River, as a recreational river.
 `(M) Griffin Creek from its headwaters about 0.2 miles southwest of Hazel
 View Summit, as depicted on the 1956 USGS 15« Preston Peak  topographic map,
 to its confluence with the Middle Fork Smith River, as a recreational river.
 `(N) Knopki Creek from its headwaters about 0.4 miles west of Sanger Peak,
 as depicted on the 1956 USGS 15« Preston Peak  topographic map, to its
 confluence with the Middle Fork Smith River, as a recreational river.
 `(O) Monkey Creek from its headwaters in the northeast quadrant of section 12,
 T. 18 N., R. 3 E., as depicted on the 1951 USGS 15« Gasquet  topographic map,
 to its confluence with the Middle Fork Smith River, as a recreational river.
 `(P) Patrick Creek from the junction of East and West Forks of Patrick
 Creek to its confluence with Middle Fork Smith River, as a recreational river.
 `(Q) Hardscrabble Creek from its headwaters in the northeast quarter of
 section 2, T. 17 N., R. 1 E., as depicted on the 1952 USGS 15« Crescent
 City topographic map, to its confluence with the Middle Fork Smith River,
 as a recreational river.
 `(  ) NORTH FORK SMITH RIVER, CALIFORNIA- The segment from the
 California-Oregon State line to its confluence with the Middle Fork
 Smith River, including the following segments of the mainstem and certain
 tributaries, to be administered by the Secretary of Agriculture in the
 following classes:
 `(A) The segment from the California-Oregon State line to its confluence with
 an unnamed tributary in the northeast quarter of section 5, T. 18 N., R. 2 E.,
 as depicted on the 1951 USGS 15« Gasquet topographic map, as a wild river.
 `(B) The segment from its confluence with an unnamed tributary in the
 northeast quarter of section 5, T. 18 N., R. 2 E., to its southern-most
 intersection with the eastern section line of section 5, T. 18 N., R. 2 E.,
 as depicted on the 1951 USGS 15« Gasquet topographic map, as a scenic river.
 `(C) The segment from its southern-most intersection with the eastern section
 line of section 5, T. 18 N., R. 2 E., as depicted on the 1951 USGS 15«
 Gasquet topographic map, to its confluence with Stony Creek, as a wild river.
 `(D) The segment from its confluence with Stony Creek to its confluence
 with the Middle Fork Smith River, as a recreational river.
 `(E) Diamond Creek from California-Oregon State line to its confluence with
 Bear Creek, as a recreational river.
 `(F) Diamond Creek from its confluence with Bear Creek to its confluence
 with the North Fork Smith River, as a scenic river.
 `(G) Bear Creek from its headwaters in section 24, T. 18 N., R. 2 E., as
 depicted on the 1951 USGS 15«  Gasquet  topographic map, to its confluence
 with Diamond Creek, as a scenic river.
 `(H) Still Creek from its headwaters in section 11, T. 18 N., R. 1 E.,
 as depicted on the 1952 USGS 15«  Crescent City topographic map, to its
 confluence with the North Fork Smith River, as a scenic river.
 `(I) North Fork Diamond Creek from the California-Oregon State line  to
 its confluence with Diamond Creek, as a recreational river.
 `(J) High Plateau Creek from its headwaters in section 26, T. 18 N., R. 2 E.,
 as depicted on the 1951 USGS 15« Gasquet topographic map, to its confluence
 with Diamond Creek, as a scenic river.
 `(K) Stony Creek from its headwaters in section 25, T. 18 N., R. 2 E., as
 depicted on the 1951 USGS 15« Gasquet topographic map, to its confluence
 with the North Fork Smith River, as a scenic river.
 `(L) Peridotite  Creek from its headwaters in section 34, T. 18 N., R. 2 E.,
 as depicted on the 1951 USGS 15« Gasquet topographic map, to its confluence
 with the North Fork Smith River, as a wild river.
 `(  ) SISKIYOU FORK SMITH RIVER, CALIFORNIA- The segment from its headwaters
 to its confluence with the Middle Fork Smith River, and the following
 tributaries, to be administered by the Secretary of Agriculture in the
 following classes:
 `(A) The segment  from its headwaters about 0.7 miles southeast of Broken Rib
 Mountain, as depicted on the 1956 USGS 15« Preston Peak  Topographic map,
 to its confluence with the South Siskiyou Fork Smith River, as a wild river.
 `(B) The segment from its confluence with the South Siskiyou Fork Smith River
 to its confluence with the Middle Fork Smith River, as a recreational river.
 `(C) South Siskiyou Fork Smith River  from its headwaters about 0.6 miles
 southwest of Buck Lake, as depicted on the 1956 USGS 15« Preston Peak
 topographic map, to its confluence with the Siskiyou Fork Smith River,
 as a wild river.
 `(  ) SOUTH FORK SMITH RIVER, CALIFORNIA- The segment from its headwaters
 to its confluence with the main stem of the Smith River, and the following
 tributaries, to be administered by the Secretary of Agriculture in the
 following classes:
 `(A) The segment  from its headwaters about 0.5 miles southwest of Bear
 Mountain, as depicted on 1956 USGS 15« Preston Peak  topographic map,
 to Blackhawk Bar, as a wild river.
 `(B) The segment from Blackhawk Bar  to its confluence with the main stem
 of the Smith River, as a recreational river.
 `(C) Williams Creek from its headwaters in section 31, T. 14 N., R. 4 E.,
 as depicted on the 1952 USGS 15« Ship Mountain topographic map, to its
 confluence with Eightmile Creek, as a wild river.
 `(D) Eightmile Creek from its headwaters in section 29, T. 14 N., R. 4 E.,
 as depicted on the 1955 USGS 15« Dillon Mtn.  topographic map, to its
 confluence with the South Fork Smith River, as a wild river.
 `(E) Harrington Creek from its source to its confluence with the South Fork
 Smith River, as a wild river.
 `(F) Prescott Fork of the Smith River  from its headwaters about 0.5 miles
 southeast of Island Lake, as depicted on the 1955 USGS 15« Dillon Mtn.
 topographic map, to its confluence with the South Fork Smith River, as a
 wild river.
 `(G) Quartz Creek from its headwaters in section 31, T. 16 N., R. 4 E.,
 as depicted on the 1952 15« USGS Ship Mountain  topographic map, to its
 confluence with the South Fork Smith River, as a recreational river.
 `(H) Jones  Creek from its headwaters in section 36, T. 16 N., R. 3 E.,
 as depicted on the 1952 USGS 15« Ship Mountain topographic map, to its
 confluence with the South Fork Smith River, as a recreational river.
 `(I) Hurdygurdy Creek from its headwaters about 0.4 miles southwest of Bear
 Basin Butte as depicted on the 1956 USGS 15« Preston Peak  topographic map,
 to its confluence with the South Fork Smith River, as a recreational river.
 `(J) Gordon Creek from its headwaters in section 18, T. 16 N., R. 3 E., as
 depicted on the 1951 USGS 15« Gasquet topographic map, to its confluence
 with the South Fork Smith River, as a recreational river.
 `(K) Coon Creek from the junction of its two headwaters tributaries in the
 southeast quadrant of section 31, T. 17 N., R. 3 E., as depicted on the
 1951 USGS 15« Gasquet topographic map, to its confluence with the South
 Fork Smith River, as a recreational river.
 `(L) Craigs Creek from its headwaters in section 36, T. 17 N., R. 2 E., as
 depicted on the 1951 USGS 15« Gasquet topographic map, to its confluence
 with the South Fork Smith River, as a recreational river.
 `(M) Goose Creek from its headwaters in section 13, T. 13 N., R. 2 E.,
 as depicted on the 1952 USGS 15« Ship Mountain topographic map, to its
 confluence with the South Fork Smith River, as a recreational river.
 `(N) East Fork Goose Creek from its headwaters in section 18, T. 13 N.,
 R. 3 E., as depicted on the 1952 USGS 15« Ship Mountain topographic map,
 to its confluence with Goose Creek, as a recreational river.
 `(O) Buck Creek from its headwaters at Cedar Camp Spring, as depicted on
 the 1952 USGS 15« Ship Mountain topographic map, to the northeast corner
 of section 8, T. 14 N., R. 3 E., as a scenic river.
 `(P) Buck  Creek from the northeast corner of section 8, T. 14 N., R. 3 E.,
 to its confluence with the South Fork Smith River, as a wild river.
 `(Q) Muzzleloader Creek from its headwaters in section 2, T. 15 N., R. 3
 E., as depicted on the 1952 USGS 15« Ship Mountain topographic map, to
 its confluence with Jones Creek, as a recreational river.
 `(R) Canthook Creek from its headwaters in section 2, T. 15 N., R. 2 E.,
 as depicted in the 1952 USGS 15« Ship Mountain topographic map, to its
 confluence with the South Fork Smith River, as a recreational river.
 `(S) Rock Creek from the national forest boundary in section 6, T. 15 N.,
 R. 2 E., as depicted on the 1952 USGS 15« Ship Mountain topographic map,
 to its confluence with the South Fork Smith River, as a recreational river.
 `(T) Blackhawk Creek from its headwaters in section 21, T. 15 N., R. 2 E.,
 as depicted on the 1952 USGS 15« Ship Mountain topographic map, to its
 confluence with the South Fork Smith River, as a recreational river.'.
 (c) MANAGEMENT- The management plan prepared under section 9 of this Act
 shall be deemed to satisfy the requirement for a comprehensive management
 plan required under section 3(d)(1) of the Wild and Scenic Rivers Act.
SEC. 11. STREAMSIDE PROTECTION ZONES.
 (a) For each of the rivers and river segments specified in this subsection,
 there is hereby established a streamside protection zone in which timber
 harvesting shall be prohibited except as permitted by section 5(a)(7). Such
 zone shall extend 300 feet from each bank of the rivers and river segments,
 or 100 feet from the inner gorge of said rivers and river segments, or
 within the limit of high and extreme landslide hazards on said rivers and
 river segments, whichever is greater. The provisions of this subsection
 shall apply to the following rivers and river segments:
 (1) Rowdy Creek (from California-Oregon border to NRA boundary).
 (2) Shelly Creek (from its headwaters to Patrick Creek).
 (3) East Fork Patrick Creek (from its headwaters to Patrick Creek).
 (4) West Fork Patrick Creek (from its headwaters to Patrick Creek).
 (5) Little Jones Creek (from its headwaters to its confluence with the
 South Fork of the Smith River).
 (6) Patrick Creek (from the confluence of the East and West forks of Patrick
 Creek to the Middle Fork of the Smith River).
 (7) Monkey Creek (from its headwaters to its confluence with the Middle
 Fork of the Smith River).
 (8) Hardscrabble Creek (from its headwaters to its confluence with the
 Middle Fork of the Smith River).
 (9) Quartz Creek (from its headwaters to its confluence with the South Fork
 of the Smith River).
 (10) Jones Creek (from its headwaters to its confluence with the South Fork
 of the Smith River).
 (11) Upper Hurdygurdy Creek (from its headwaters to Dry Lake).
 (12) Gordon Creek (from its headwaters to its confluence with the South
 Fork of the Smith River).
 (13) Coon Creek (from its headwaters to its confluence with the South Fork
 of the Smith River).
 (14) Craigs Creek (from its headwaters to its confluence with the South
 Fork of the Smith River).
 (15) Goose Creek (from its headwaters to its confluence with the South Fork
 of the Smith River).
 (16) East Fork of Goose Creek (from its headwaters to its confluence with
 Goose Creek).
 (17) Muzzleloader Creek (from its headwaters to its confluence with Jones
 Creek).
 (18) Canthook Creek (from its headwaters to its confluence with the South
 Fork of the Smith River).
 (19) Rock Creek (from the NRA boundary to its confluence with the South
 Fork of the Smith River).
 (20) Blackhawk Creek (from its headwaters to its confluence with the South
 Fork of the Smith River).
 (b) For each of the rivers and river segments specified in this subsection
 there is established a streamside protection zone in which timber harvesting
 shall be prohibited except as permitted in section 5(a)(7). Such zone shall
 extend on the average of one-quarter mile on either side of said rivers
 and river segments, or 100 feet from the inner gorge of said rivers and
 river segments, or within the limit of high and extreme landslide hazards
 on said rivers and river segments, whichever is greater. The provisions of
 this subsection shall apply to the following rivers and river segments:
 (1) Main stem Smith (from the South Fork to the NRA boundary).
 (2) Middle Fork Smith (from its headwaters to its confluence with the Middle
 Fork of the Smith River).
 (3) Myrtle Creek (from its headwaters to its confluence with the Middle
 Fork of the Smith River).
 (4) Kelly Creek (from its headwaters to its confluence with the Middle Fork
 of the Smith River).
 (5) Packsaddle Creek (from its headwaters to its confluence with the Middle
 Fork of the Smith River).
 (6) Griffin Creek (from its headwaters to its confluence with the Middle
 Fork of the Smith River).
 (7) Knopti Creek (from its headwaters to its confluence with the Middle
 Fork of the Smith River).
 (8) North Fork of the Smith River (from the California/Oregon border to
 its confluence with the Middle Fork of the Smith River).
 (9) Diamond Creek (from the California/Oregon border to its confluence with
 the North Fork of the Smith River).
 (10) Bear Creek (from its headwaters to its confluence with Diamond Creek).
 (11) Still Creek (from its headwaters to its confluence with the North Fork
 of the Smith River).
 (12) North Fork of Diamond Creek (from the California/Oregon border to its
 confluence with Diamond Creek).
 (13) High Plateau Creek (from its headwaters to its confluence with Diamond
 Creek).
 (14) Stony Creek  (from its headwaters to its confluence with the North
 Fork of the Smith River).
 (15) Peridotite Creek (from its headwaters to its confluence with the North
 Fork of the Smith River).
 (16) Siskiyou Fork, Smith River (from its headwaters to the Middle Fork of
 the Smith River).
 (17) South Siskiyou Fork of the Smith River (from its headwaters to its
 confluence with the Siskiyou Fork of the Smith River).
 (18) South Fork Smith River (from its headwaters to its confluence with
 the Middle Fork of the Smith River).
 (19) Williams Creek (from its headwaters to its confluence with the South
 Fork of the Smith River).
 (20) Eight Mile Creek (from its headwaters to its confluence with the South
 Fork of the Smith River).
 (21) Harrington Creek (from its headwaters to its confluence with the South
 Fork of the Smith River).
 (22) Prescott Fork of the Smith River (from its headwaters to its confluence
 with the South Fork of the Smith River).
 (23) Buck Creek (from its headwaters to its confluence with the South Fork
 of the Smith River).
 (c) For the Lower Hurdygurdy Creek (from Dry Lake to its confluence with the
 South Fork of the Smith River) there is established a streamside protection
 zone in which timber harvesting shall be prohibited except as permitted by
 section 5(a)(7). Such zone shall extend one-eighth mile on either side of
 said Lower Hurdygurdy Creek.
 (d) The provisions of this section shall be in addition to, and not in lieu
 of, any restrictions on timber harvesting or other activities applicable
 to the streamside protection zones established by this section under any
 other applicable provision of this Act.
SEC. 12. STATE AND LOCAL JURISDICTION AND ASSISTANCE.
 (a) STATE AND LOCAL JURISDICTION- Nothing in this Act shall diminish, enlarge,
 or modify any right of the State of California or any political subdivision
 thereof, to exercise civil and criminal jurisdiction or to carry out State
 fish and game laws, rules, and regulations within the recreation area,
 or to tax persons, franchise, or private property on the lands and waters
 included in the recreation area, or to regulate the private lands within
 the recreation area.
 (b) COOPERATIVE AGREEMENTS- The Secretary is authorized and encouraged
 to enter into cooperative agreements with the State of California or its
 political subdivisions for--
 (1) the rendering on a reimbursable basis, of rescue, firefighting, and law
 enforcement services and cooperative assistance by nearby law enforcement
 and fire prevention agencies; and
 (2) the planning for use, management, and development of non-Federal lands
 within the recreation area and elsewhere in the Smith River watershed in
 the furtherance of the purposes of this Act.
 (c) TECHNICAL ASSISTANCE- To enable the State of California and its political
 subdivisions to develop and implement programs compatible with the purposes
 of this Act, the Secretary, in consultation with the Secretaries of the
 Interior, Commerce, and Housing and Urban Development, shall consider upon
 request such technical assistance to the State and its political subdivisions
 as is necessary to fulfill the purposes of this section. Such assistance
 may include payments or grants, within existing programs, for technical
 aid and program development.
 (d) LAND INFORMATION SYSTEM- The Secretary of Agriculture shall assist the
 county of Del Norte in developing a land information system that will be
 compatible with the Forest Service and National Park Service systems for
 the Federal lands in Del Norte County and such non-Federal systems as may
 be appropriate and that will be made available to Federal and non-Federal
 entities for use in coordinating planning for the recreation area and other
 lands in the Smith River watershed.
SEC. 13. SAVING PROVISIONS.
 (a) ACTIVITIES ON LANDS OUTSIDE OF RECREATION AREA- Nothing in this Act shall
 limit, restrict, or require specific management practices on lands outside
 the recreation area boundary. The fact that activities or uses outside
 the recreation area can be seen, heard, or otherwise perceived within the
 recreation area shall not, of itself, limit, restrict, or preclude such
 activities or uses up to the boundary of the recreation area.
 (b) PRIOR RIGHTS- (1) Nothing in this Act shall limit, restrict, or preclude
 the implementation of valid timber sale contracts or other contracts or
 agreements executed by the Secretary before the date of enactment of this Act.
 (2) Except as specifically provided herein nothing in this Act shall be
 construed as diminishing or relinquishing any right, title, or interest
 of the United States in any lands, waters, or interests therein within the
 boundaries of the recreation area designated by this Act.
 (c) ROAD EASEMENTS- Nothing in this Act shall be construed as affecting
 the responsibilities of the State of California or any of its political
 subdivisions with respect to road easements, including maintenance and
 improvement of State Highway 199 and County Route 427.
 (d) RIGHTS OF ACCESS- Existing rights provided by Federal law for access
 by private landowners across National Forest System lands shall not be
 affected by this Act.
 (e) ENTITLEMENT MONEYS- Annually for the first two full fiscal years after
 the date of enactment of this Act, the Secretary shall pay for use by units of
 local government within the recreation area an amount equal to the difference
 between the amounts payable for such purposes pursuant to the Act of May 23,
 1908 (chapter 193; 35 Stat. 251; 16 U.S.C. 500) and the average amount paid
 for such purpose under such Act during the five fiscal years preceding the
 date of enactment of this Act. The amount payable under this subsection
 shall be reduced by 10 percent annually thereafter for each succeeding
 fiscal year until the amount payable shall be reduced 100 percent by the
 end of the twelfth fiscal year after the date of enactment. This subsection
 shall expire 11 years after the first payment pursuant to this subsection.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
 There are authorized to be appropriated such funds as may be necessary to
 carry out this Act and the amendments made by this Act.
SEC. 15. REDESIGNATION.
 The Sunset Crater National Monument, Arizona, shall, on and after the date
 of enactment of this Act, be known and designated as the `Sunset Crater
 Volcano National Monument'. Any reference to the Sunset Crater National
 Monument in any law, regulation, map, document, record, or other paper
 of the United States shall be considered to be a reference to the Sunset
 Crater Volcano National Monument.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.