Page images
PDF
EPUB

16 USC 539d note.

(c) The provisions of subsections (a) and (b) of this section shall not apply to the purchase of timber within the Tongass National Forest pursuant to the long-term timber sale contracts numbered 12-11-010–1545 and A10fs-1042 between the United States and the Alaska Pulp Corporation, and between the United States and the Ketchikan Pulp Company, respectively. SEC. 106. TENAKEE SPRINGS ROAD.

The Secretary of Agriculture shall not construct a vehicular access road connecting the Indian River and Game Creek roads, and shall not engage in any further efforts to connect the city of Tenakee Springs with the logging road system on Chichagof Island, unless the city councils of Tenakee Springs and Hoonah both determine that the road should be constructed and so inform the Secretary.

TITLE II-TONGASS NATIONAL FOREST LANDS

PROTECTION

SEC. 201. LUD II MANAGEMENT AREAS.

Title V of ANILCA is amended by adding at the end thereof the following new section: "SEC. 508. LUD II MANAGEMENT AREAS.

"The following lands are hereby allocated to Land Use Designation II (ʻLUD II') as described in the Tongass National Forest Land Management Plan, completed March, 1979, and amended Winter 1985-1986, and shall be managed by the Secretary of Agriculture in perpetuity in accordance with such designation:

"(1) YAKUTAT FORELANDS.-Certain lands which comprise approximately 137,947 acres, as generally depicted on a map entitled 'Yakutat Forelands LUD II Management Area-Proposed' and dated March, 1990.

"(2) BERNERS BAY. Certain lands which comprise approximately 46,000 acres, as generally depicted on a map entitled ‘Berners Bay LUD II Management Area-Proposed' and dated May, 1989

"(3) ANAN CREEK.-Certain lands which comprise approximately 38,415 acres, as generally depicted on a map entitled ‘Anan Creek LUD II Management Area-Proposed' and dated October, 1990.

"(4) KADASHAN.-Certain lands which comprise approximately 33,641 acres, as generally depicted on a map entitled ‘Kadashan LUD II Management Area-Proposed' and dated May, 1989.

"(5) LISIANSKI RIVER/UPPER HOONAH SOUND.—Certain lands which comprise approximately 137,538 acres as generally depicted on a map entitled 'Lisianski River/Upper Hoonah Sound LUD II Management Area-Proposed' and dated October, 1990.

“(6) MT. CALDER/MT. HOLBROOK.-Certain lands which comprise approximately 64,040 acres as generally depicted on a map entitled 'Mt. Calder/Mt. Holbrook LUD II Management AreaProposed and dated May, 1989 and 'Mt. Calder/Mt. Holbrook LUD II Addition', dated October, 1990.

"(7) NUTKWA. --Certain lands which comprise approximately 28,118 acres as generally depicted on a map entitled 'Nutkwa LUD II Management Area-Proposed' and dated May, 1989. “(8) OUTSIDE ISLANDS.-Certain lands which comprise approximately 75,017 acres as generally depicted on a map entitled 'Outside Islands LUD II Management Area-Proposed' and dated May, 1989.

"(9) TRAP BAY.-Certain lands which comprise approximately 6,646 acres as generally depicted on a map entitled “Trap Bay LUD II Management Area-Proposed' and dated May, 1989.

“(10) POINT ADOLPHUS/MUD BAY.–Certain lands which comprise approximately 113,326 acres as generally depicted on a map entitled 'Point Adolphus/Mud Bay LUD II Management Area-Proposed' and dated October, 1990.

"(11) NAHA.-Certain lands which comprise approximately 31,794 acres as generally depicted on a map entitled 'Naha LUĎ II Management Area-Proposed' and dated October, 1990.

“(12) SALMON BAY.-Certain lands which comprise approximately 10,000 acres as generally depicted on a map entitled 'Salmon Bay LUD II Management Area-Proposed and dated

October, 1990.".
SEC. 202. WILDERNESS DESIGNATION.

Section 703 of ANILCA is amended by adding at the end thereof the following:

"(c) DESIGNATION OF ADDITIONAL WILDERNESS ON THE TONGASS 16 USC 1132 NATIONAL FOREST.-In furtherance of the purposes of the Wilder- note. ness Act (16 U.S.C. 1131-1136), the following lands within the Tongass National Forest in the State of Alaska are hereby designated as wilderness, subject to valid existing rights, and therefore as components of the National Wilderness Preservation System:

"(1) PLEASANT/LEMUSURIER/INIAN ISLANDS.—Certain lands which comprise approximately 23,140 acres as generally depicted on a map entitled "Tongass Timber Moratorium Area Pleasant/Lemusurier/Inian Islands' and dated February, 1989, which shall be known as the Pleasant/Lemusurier/Inian Islands Wilderness.

“(2) YOUNG LAKE ADDITION.—Certain lands which comprise approximately 18,173 acres as generally depicted on a map entitled “Tongass Timber Moratorium Area Young Lake' and dated February, 1989, which shall be incorporated into and managed as a part of the Admiralty Island National Monument and as a part of the Kootznoowoo Wilderness. The Secretary of Agriculture shall make adjustments to the boundaries of the Admiralty Island National Monument and to the Kootznoowoo Wilderness as necessary to incorporate such lands.

"(3) SOUTH ETOLIN ISLAND.-Certain lands which comprise approximately 83,642 acres as generally depicted on a map entitled 'Tongass Timber Moratorium Area South Etolin Island dated February, 1989, which shall be known as the South Etolin Wilderness.

"(4) CHUCK RIVER.-Certain lands which comprise approximately 72,503 acres, as generally depicted on a map entitled 'Chuck River Wilderness-Proposed' and dated October, 1990, which shall be known as the Chuck River Wilderness.

"(5) KARTA RIVER.–Certain lands which comprise approximately 38,046 acres, as generally depicted on a map entitled 'Tongass Timber Moratorium Area Karta River' and dated February, 1989, which shall be known as the Karta River Wilderness.

"(6) KUIU. Certain lands which comprise approximately 60,576 acres, as generally depicted on a map entitled 'Kuiu Wilderness-Proposed and dated October, 1990, which shall be

known as the Kuiu Wilderness.”. SEC. 203. KADASHAN STUDY.

The Secretary shall complete, as part of the Tongass Land Management Plan revision process, in consultation with the State of Alaska, the City of Tenakee Springs, and other interested parties, a comprehensive study of the Kadashan LUD II Management Area as described in section 201(4). The Secretary shall submit a separate report of such study to the Committee on Energy and Natural Resources in the Senate and the Committee on Interior and Insular Affairs in the House of Representatives, which shall include, but not be limited to:

(a) an assessment of the natural, cultural, environmental, fish and wildlife (including habitat) resources and values of such

[ocr errors]

area; and

(b) an assessment of the need for, potential uses, alternatives to and environmental impacts of providing a transportation corridor route through the Kadashan river valley.

TITLE III–MODIFICATION OF LONG-TERM TIMBER SALE

CONTRACTS IN SOUTHEAST ALASKA

SEC. 301. CONTRACT MODIFICATIONS.

(a) DEFINITIONS.-As used in this section, the term "Secretary means the Secretary of Agriculture. The term "TLMP” means the Tongass National Forest Land Management Plan, completed March, 1979, and amended Winter 1985–1986. The term “contracts” means the long-term timber sale contracts numbered 12-11-010-1545 and A10fs-1042 between the United States and the Alaska Pulp Corporation, and between the United States and the Ketchikan Pulp Company, respectively.

(b) FINDING. - The Congress hereby finds and declares that it is in the national interest to modify the contracts in order to assure that valuable public resources in the Tongass National Forest are protected and wisely managed. Modification of the long-term timber sale contracts will enhance the balanced use of resources on the forest and promote fair competition within the southeast Alaska timber industry. (c) UNILATERAL CHANGES.—The contracts are hereby modified to:

(1) assure that all timber sale planning, management requirements and environmental assessment procedures regarding the contracts are consistent with procedures for independent national forest timber sales, pursuant to the National Forest Management Act of 1976 (Public Law 94-588), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable laws;

(2) eliminate the practice of harvesting a disproportionate amount of old-growth timber by limiting the volume harvested over the rotation in volume classes 6 and 7, as defined in TLMP and supporting documents, so that the proportion of volume harvested in these classes within a contiguous management area does not exceed the proportion of volume currently represented by these classes within the management area;

(3) assure that all timber offered under each contract be substantially harvested within three years or the Secretary shall withhold further offerings pursuant to such contract, unless harvesting has been delayed by third-party litigation;

(4) assure that the Secretary determines the location and size of sale units and the timing of timber harvests;

(5) allow rejection of timber offered under the contracts. Upon rejection of any timber offered, the Secretary may re-offer such timber to any qualified bidder under independent national forest timber sales. If the rejected timber is subsequently sold within 12 months, that amount of timber shall be subtracted from the volume remaining under the appropriate contract;

(6) assure that utility logs offered under the contracts shall be counted against contract volume requirements. As used in this paragraph, the term "utility log” means the same as it does in the official Log Scaling and Grading Rules, Northwest Log Rules Advisory Group, January 1, 1982;

(7) assure that purchaser road credits are provided under the contracts in a manner consistent with independent national forest timber sale procedures;

(8) assure that the price of timber offered under the contracts shall be adjusted to be comparable with that of independent national forest timber sales, with stumpage rates and profitability criteria comparable to those of independent purchasers in competitive sales; and

(9) assure that timber offered under the contracts meets economic criteria consistent with that of independent national

forest timber sales. (d) CERTIFICATION TO CONGRESS.-Notwithstanding any other provision of law, the Secretary is directed to make the necessary revisions to the text of the contracts to reflect the modifications to such contracts made by subsection (c) of this section. The Secretary shall promptly, and in no event later than ninety days after the date of enactment of this Act, transmit the text of the modified contracts to the Congress together with a certification that these revisions are in compliance with the modifications made by subsection (c). Until such time as the Secretary transmits the text of the modified contracts to the Congress, but no later than ninety days after the date of enactment of this Act, the Secretary is authorized to conduct timber sale operations on the Tongass National Forest in accordance with the provisions of the contracts as they existed on the day before the date of enactment of this Act. At such time as the Secretary transmits the modified contracts to Congress, or ninety days after the date of enactment of this Act, whichever is sooner, the Secretary shall conduct timber sale operations on the Tongass National Forest only in accordance with the provisions of the modified contracts.

(e) STUDY.-Within one year after the date of enactment of this Act, the Secretary shall transmit a study to the Committee on Energy and Natural Resources in the Senate and to the Committee on Interior and Insular Affairs in the House of Representatives which includes the following:

(1) an assessment of whether the Secretary can meet the provisions of the National Forest Management Act of 1976 (Public Law 94-588), the Multiple-Use Sustained Yield Act of 1960 (16 U.S.C. 528 et seq.) and other laws applicable to the management of the national forests while providing the volume of timber required by the modified contracts. In conjunction

[ocr errors][ocr errors]

with such assessment, the Secretary shall also provide such
recommendations as the Secretary deems appropriate regarding
reductions in the volume of timber required by the modified
contracts, and

(2) an analysis of the potential impacts of eliminating the two
contract areas provided for in the modified contracts, including,
but not limited to, an assessment of the following factors:

(A) the effect on supply and demand, and price of timber within Southeast Alaska;

(B) effects on the availability of timber to purchasers of independent timber sales;

(C) effects on the availability of timber to be owners of the modified contracts; and

(D) effects on fish and wildlife and other non-commodity

resources within the Tongass National Forest.
(f) The Secretary shall take such other actions in management of
the Tongass National Forest as may be necessary to meet the
provisions of subsection (c).

(g) GAO AUDIT.-The Comptroller General of the United States
shall, on a continuing basis, audit the actions taken by the Secretary
to revise the text of the contracts pursuant to the modifications
made pursuant to subsection (c). Within thirty days after the Sec-
retary's transmittal of the contracts and certification to the Energy
and Natural Resources in the Senate and to the Committee on
Interior and Insular Affairs in the House of Representatives, and in
no event later than one hundred and twenty days after the date of
enactment of this Act, the Comptroller General shall submit a
report to such Committees describing the revisions made by the
Secretary to the contracts and stating whether, in the opinion of the
Comptroller General, the revised contracts are in compliance with
the requirements of this section.

[ocr errors][ocr errors]

Reports.

TITLE IV-HAIDA LAND SELECTIONS

100 Stat. 4303.

SEC. 401. HAIDA LAND EXCHANGE ACT AMENDMENT.

The Haida Land Exchange Act of 1986 (Public Law 99-664) is
hereby amended by adding the following new section at the end
thereof:
"SEC. 12. SULZER PORTAGE LANDS SELECTION.

"(a) WITHDRAWAL.- The following lands are withdrawn, subject to
valid existing rights, from all forms of appropriation under the
public land laws, including the mining and mineral leasing laws,
and from selection under the Alaska Statehood Act (Public Law
85-508) as amended:

"COPPER RIVER MERIDIAN

"Township 76 South, Range 85 East
"Section 16: South half south half, northwest quarter southwest
quarter.

"Section 17: West half, southeast quarter, south half northeast
quarter.

“Section 18: Fractional.

“Section 19: North half northeast quarter, southeast quarter northeast quarter, northeast quarter northwest quarter.

« PreviousContinue »