113 HR 4549 IH: Strong Forests Grow Strong Communities Act of 2014 U.S. House of Representatives 2014-05-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 113th CONGRESS 2d Session H. R. 4549 IN THE HOUSE OF REPRESENTATIVES May 1, 2014 Mr. Duffy introduced the following bill; which was referred to the Committee on Agriculture A BILL To require the Forest Service to meet annual volume targets for timber harvesting in the management of a unit of the National Forest System and to provide for the transfer of such management responsibility to the State in which the unit is located when such targets are not consistently met, and for other purposes.

1.

Short title

This Act may be cited as the Strong Forests Grow Strong Communities Act of 2014.

2.

Definitions

In this Act: (1)

Annual volume requirement

(A)

In general

The term annual volume requirement, with respect to a unit of the National Forest System, means a volume of national forest materials no less than 50 percent of the sustained yield of the unit. (B)

Exclusions

In determining the volume of national forest materials or the sustained yield of a Forest Reserve Revenue Area, the Secretary may not include non-commercial post and pole sales and personal use firewood. (2)

Appropriate congressional committees

The term appropriate congressional committees means— (A)the Committee on Agriculture and the Committee on Natural Resources of the House of Representatives; and (B)the Committee on Agriculture, Nutrition, and Forestry and the Committee on Energy and Natural Resources of the Senate. (3)

National forest materials

The term national forest materials has the meaning given that term in section 14(e)(1) of the National Forest Management Act of 1976 (16 U.S.C. 472a(e)(1)). (4)

National forest system

The term National Forest System has the meaning given that term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)), except that the term does not include the National Grasslands and land utilization projects designated as National Grasslands administered pursuant to the Act of July 22, 1937 (7 U.S.C. 1010–1012). (5)

Secretary

The term Secretary means the Secretary of Agriculture. (6)

Sustained yield

The term sustained yield means the maximum annual growth potential of the forest calculated on the basis of the culmination of mean annual increment using cubic measurement. (7)

State

The term State includes the Commonwealth of Puerto Rico.

3.

Annual volume requirement

(a)

Publication

Not later than 30 days after the date of the enactment of this Act, the Secretary shall publish in the Federal Register, make available on the website of the Forest Service, and submit to the appropriate congressional committees the annual volume requirement for each unit of the National Forest System. (b)

Revision

Upon publication of the annual volume requirement for a unit of the National Forest System under subsection (a), the Secretary may not reduce the annual volume requirement for that unit without the consent of Congress in a law enacted after the date of the enactment of this Act.

4.

Management of National Forest System lands to satisfy annual volume requirements

(a)

Requirement To achieve annual volume requirement

The Secretary shall manage the sale of national forest materials in each unit of the National Forest System in the manner necessary so that the annual volume requirement for that unit is met each calendar year. (b)

Application of land and resource management plan

The Secretary may modify the standards and guidelines contained in the land and resource management plan for a unit of the National Forest System as necessary so as to meet the annual volume requirement for that unit. (c)

Compliance with endangered species act

(1)

Non-jeopardy assessment

If the Secretary determines that a sale of national forest materials may affect the continued existence of any species listed as endangered or threatened under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533), the Secretary shall issue a determination explaining the view of the Secretary that the proposed sale is not likely to jeopardize the continued existence of the species. (2)

Submission, review, and response

(A)

Submission

The Secretary shall submit a determination issued by the Secretary under paragraph (1) to the Secretary of the Interior or the Secretary of Commerce, as appropriate. (B)

Review and response

Within 30 days after receiving a determination under subparagraph (A), the Secretary of the Interior or the Secretary of Commerce, as appropriate, shall provide a written response to the Secretary concurring in or rejecting the Secretary’s determination. If the Secretary of the Interior or the Secretary of Commerce rejects the determination, the written response shall include recommendations for measures that— (i)will avoid the likelihood of jeopardy to an endangered or threatened species; (ii)can be implemented in a manner consistent with the intended purpose of the sale; (iii)can be implemented consistent with the scope of the Secretary’s legal authority and jurisdiction; and (iv)are economically and technologically feasible. (3)

Formal consultation

If the Secretary of the Interior or the Secretary of Commerce rejects a determination issued by the Secretary under paragraph (1), the Secretary of the Interior or the Secretary of Commerce also is required to engage in formal consultation with the Secretary. The Secretaries shall complete such consultation pursuant to section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) within 90 days after the submission of the written response under paragraph (2).

5.

State management of National Forest System lands when annual volume requirements are not met

(a)

Request by state To manage unit

(1)

Submission of request; when authorized

If the Secretary fails to meet the annual volume requirement for a unit of the National Forest System for five calendar years, whether consecutively or over a longer than five-year period, the State in which the unit is located may submit to the Secretary a request to enter into a cooperative agreement with the Secretary for purposes of managing the unit. (2)

Role of political subdivisions

A State that undertakes the management of a unit of the National Forest System under this section may conduct such management directly, through an agreement with a political subdivision of the State in which National Forest System lands of that unit are located, or through contracts with third parties. (3)

Treatment of units located in multiple states

If a unit of the National Forest System is located in more than one State, a State’s request under paragraph (1) shall cover only those National Forest System lands of that unit located in that State. (b)

Approval of request

Not later than 90 days after the date on which the Secretary receives the request under subsection (a), the Secretary shall approve the request and enter into the cooperative agreement unless the Secretary determines that— (1)the State has failed to demonstrate that it has sufficient funds to manage the unit of the National Forest System for the production of national forest materials; (2)the request is incomplete; or (3)the proposed cooperative agreement submitted with the request fails to address all of the items specified in subsection (f). (c)

Opportunity To amend request

(1)

Notice of denial

If the Secretary denies a request received under subsection (a) on the basis of one or more of the reasons authorized by subsection (b), the Secretary shall provide the State with a clear and comprehensive statement of— (A)the reasons why the request was denied; and (B)any deficiencies in the request or the related proposed cooperative agreement. (2)

Resubmission

After receiving a notice from the Secretary under paragraph (1), a State may amend and resubmit the denied request. (d)

Request and cooperative agreement deemed approved

If the Secretary does not approve or deny a request submitted under subsection (a) or (c)(2) within the 90 days after receiving the request, the request and the proposed cooperative agreement submitted with the request shall be deemed approved. (e)

Request contents

A request submitted under subsection (a) shall include— (1)a letter signed by the Governor of the State addressed to the Secretary that identifies the unit of the National Forest System that the State will manage for the production of national forest materials; (2)the proposed cooperative agreement for State management of the unit; (3)the proposed role of political subdivisions of the State in the management of National Forest System lands of the unit located within the political subdivisions; and (4)documentation that demonstrates the ability of the State to provide sufficient funds to manage the unit for the duration of the cooperative agreement. (f)

Elements of cooperative agreement

The cooperative agreement entered into by the Secretary and the Governor of a State for the management of a unit of the National Forest System shall address the following: (1)The State’s management of the unit after the effective date of the transfer of management to the State for a specified term of years. (2)A cost-sharing agreement under which the State will provide a certain amount (equal to not less than 50 percent), in cash or in-kind, of the total amount required for the management of the unit. (3)The amount to be contributed by the State shall be determined by the Governor of the State and the Secretary, only after the Secretary submits to the State a categorical assessment of all costs, in the recent past and anticipated during the duration of the cooperative agreement, of managing the unit, including employee salary data. (4)In the event of a natural disaster, as categorized by the Federal Emergency Management Agency, the State shall assume authority over recovery initiatives (nullifying any existing established Federal response protocol) so that— (A)the cost of damages to any structure on the unit be shared by both State and Federal entities at a ratio in accordance to the cost-sharing agreement; and (B)the cost and administration of repair of damages resulting from natural disasters, not including structures referred to in subparagraph (A), shall be assumed by the State rather than the Federal Government. (5)All revenue accrued from fees, royalties, and other revenues related to the unit shall be distributed to the State and Federal entities in accordance to the percentages dictated by the cost-sharing agreement and shall be used so that the percentage of funds designated to the Federal entity shall be made available to the Secretary for use at the sole discretion of the Secretary. (6)The procedures to be followed for purposes of the transition from Federal to State management of the unit, including— (A)a guarantee that all Federal employees managing the unit may remain employed without infringement upon their existing conditions of employment; (B)a guarantee that the State may use its percentage of the amounts required for the management of the unit to hire additional staff whose terms of employment shall be decided by the State; and (C)authority over the unit shall be directed by the State and a State-appointed manager, but the implementation of its directives may include the existing Federal superintendent concerned and performed in conjunction with State employees. (7)The transfer to the State of any special use permits issued to the Secretary with respect to the unit. (8)A provision stating that lands currently open to mineral entry under the Act of May 10, 1872 (commonly referred to as the General Mining Act of 1872; 30 U.S.C. 22 et seq.), shall remain open to mineral entry under State law unless subsequently changed by a State mineral closing order. (g)

Applicability of state law on qualifying federal lands under cooperative agreement

State environmental, wildlife, and land management laws shall supercede Federal environmental, wildlife, and land management laws on a unit of the National Forest System managed by a State under a cooperative agreement in place under this section. (h)

Ownership

Notwithstanding State management of a unit of the National Forest System under a cooperative agreement entered into under this section, the United States shall retain all right, title, and interest in and to the National Forest System lands within the unit. (i)

Termination of cooperative agreement

A cooperative agreement applicable under this section shall terminate, at the discretion of the Secretary, under the following circumstances: (1)The State defaults on a payment, thereby requiring Federal entities to assume responsibility for the financial liabilities. (2)The State is in substantial breach of the cooperative agreement as determined by a court of the United States. (3)The cooperative agreement terminates under a term contained in that agreement.

6.

Annual report

(a)

Report required

Not later than 60 days after the end of each calendar year, the Secretary shall submit to the appropriate congressional committees an annual report specifying— (1)the annual volume requirement in effect for that calendar year for each unit of the National Forest System; (2)the units that did not meet the annual volume requirement; (3)the units under State management pursuant to section 5; (4)the volume of board feet actually harvested for each unit; (5)the average cost of preparation for sales of national forest materials; and (6)the revenues generated from such sales. (b)

Form of report

In addition to submitting each report to Congress, the Secretary shall also make the report available on the website of the Forest Service.