[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2385 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                 S. 2385

 To require the Secretary of Agriculture to establish and carry out a 
  Sustainable Ecosystems and Economies Demonstration Program, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

              August 12 (legislative day, August 11), 1994

 Mr. DeConcini introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
 To require the Secretary of Agriculture to establish and carry out a 
  Sustainable Ecosystems and Economies Demonstration Program, 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.

    This Act may be cited as the ``Sustainable Ecosystems and Economies 
(SEE) Demonstration Act of 1994''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) The successful implementation of new and innovative 
        processes is required to assist in determining ecosystem 
        management practices for Federal lands.
            (2) A reduction in timber sales and the available volume of 
        timber has had significant adverse impacts on the economic 
        health and well-being of many small communities that are 
        dependent on Federal timber resources.
            (3) Conditions in many forests, including heavy fuel loads, 
        tree density, and increasing threats from catastrophic fires, 
        disease, and insect infestations adversely affect the 
        biodiversity, health, and sustainability of forests.
            (4) The achievement of ecosystem management will be greatly 
        hindered, unless the Federal Government determines a means of 
        balancing sustainable ecosystem requirements with the growing 
        demands on timber resources in an expeditious manner.
            (5) The authority granted to managers of Federal lands does 
        not provide for the distribution of receipts of revenue from 
        timber and other products to fund actions properly or to 
        achieve ecosystem management.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To provide for demonstration projects to establish and 
        implement new ecosystem management practices on specific lands 
        managed by--
                    (A) the Secretary and the heads of other Federal 
                agencies; and
                    (B) States and private landowners.
            (2) To test the feasibility of ecosystem management 
        contracts.
            (3) To improve the health of forest resources.
            (4) To provide for needed flexibility in contracting and 
        funding practices and distribution of receipts of revenue from 
        timber and other products to ensure that Federal land managers 
        have the necessary means to implement ecosystem management.
            (5) To provide an economic stimulus to communities that are 
        profoundly dependent on Federal timber resources.
            (6) To provide the Secretary of Agriculture the authority 
        to enter into ecosystem management demonstration contracts to 
        achieve management requirements prescribed in the following 
        provisions of law:
                    (A) The Multiple Use Sustained-Yield Act of 1960 
                (16 U.S.C. 528 et seq.).
                    (B) The Forest and Rangeland Renewable Resources 
                Planning Act of 1974 (16 U.S.C. 1600 et seq.).
                    (C) The Act of June 7, 1924 (commonly known as the 
                ``Clarke-McNary Act of 1924'') (43 Stat. 653, chapter 
                348).
                    (D) The Act entitled ``An Act to facilitate and 
                simplify national-forest administration'', approved 
                June 15, 1940 (54 Stat. 398; 41 U.S.C. 20a).
                    (E) The Soil and Water Resources Conservation Act 
                of 1977 (16 U.S.C. 2001 et seq.).
                    (F) The last paragraph in the matter under the 
                heading ``FOREST SERVICE.'' in the Act of May 23, 1908 
                (popularly referred to as the ``Twenty-Five Percent 
                Fund Act'') (35 Stat. 260, chapter 192; 16 U.S.C. 500).

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Account.--The term ``Account'' means the Sustainable 
        Ecosystems and Economies Account established under section 5.
            (2) Coordinator.--The term ``Coordinator'' means the 
        Coordinator for the Forest Service selected by the Secretary 
        under section 4(b).
            (3) Demonstration project.--The term ``demonstration 
        project'' means a demonstration project carried out under the 
        Program.
            (4) Ecosystem management contract.--The term ``ecosystem 
        management contract'' means a contract that a local land use 
        manager enters into pursuant to section 4 to carry out a 
        demonstration project.
            (5) Ecosystem management area.--The term ``ecosystem 
        management area'' means any unit of a national forest selected 
        by a local land manager, in consultation with the Coordinator, 
        as a site for a demonstration project pursuant to section 4(c).
            (6) Local land manager.--The term ``local land manager'' 
        means the supervisor of each national forest selected as a site 
        for demonstration projects pursuant to section 4(d).
            (7) Program.--The term ``Program'' means the Sustainable 
        Ecosystems and Economies Demonstration Program established 
        under section 4.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

SEC. 4. SUSTAINABLE ECOSYSTEMS AND ECONOMIES DEMONSTRATION PROGRAM.

    (a) Establishment.--The Secretary shall establish and implement in 
the Forest Service a Sustainable Ecosystems and Economies (SEE) 
Demonstration Program to investigate and demonstrate strategies to 
provide for new management practices to--
            (1) ensure sustainable ecosystems; and
            (2) provide technical and economic assistance to forest 
        resource-dependent communities.
    (b) Ecosystem Management Contracts.--Each local land manager may 
enter into an ecosystem management contract with a qualified non-
Federal entity. The contract shall contain a description of the 
elements of the demonstration project, including the following:
            (1) Site-specific criteria.
            (2) Clearly delineated treatments and services.
    (c) Application of Product Value.--A local land manager who is an 
official of the Forest Service may apply all or part of the revenues 
received from the sale of timber or any other forest product removed 
from within an ecosystem management area pursuant to an ecosystem 
management contract as an offset against the cost of stewardship 
services to carry out a demonstration project under the Program. Such 
services may include site preparation, recreation, replanting, wildlife 
habitat enhancement, silviculture programs, watershed improvements, and 
other enhancements made pursuant to the demonstration project to 
achieve the ecosystem management objectives prescribed in the contract.
    (d) Coordinator for the Forest Service.--As soon as practicable 
after the date of enactment of this Act, the Secretary shall appoint an 
individual to serve as Coordinator for the Forest Service. The 
Coordinator shall--
            (1) administer the Program; and
            (2) provide, upon request, support and technical assistance 
        to local land managers.
    (e) Designation of Ecosystem Management Areas.--Not later than 120 
days after the date of the enactment of this Act, the Secretary, acting 
through the Coordinator, shall designate locations for ecosystem 
management areas, including the following:
            (1) Not more than two districts located in each of two 
        national forests located in each region of the Forest Service.
            (2) Districts within a forest authorized to enter into a 
        stewardship end result contract, as described in the twenty-
        third paragraph in the matter under the heading 
        ``administrative provisions, forest service'' under the heading 
        ``Forest Service'' under title II of the Department of the 
        Interior and Related Agencies Appropriations Act, 1993 (Public 
        Law 102-381; 106 Stat. 1403). 
    (f) Research and Other Technical Assistance.--
            (1) In general.--To the maximum extent feasible, in hiring 
        part-time employees for conducting inventories and related 
        activities, the Secretary shall ensure that priority is given 
        to qualified unemployed individuals in rural communities in 
        close proximity to national forests.
            (2) Participation by non-federal individuals and 
        entities.--The Secretary shall ensure that non-Federal 
        individuals or entities are involved in the design, monitoring, 
        and evaluation of a sufficient number of demonstration projects 
        conducted under this section to provide an adequate assessment 
        of such processes.
    (g) Sustainable Ecosystems and Economies Demonstration Program 
Account.--The Secretary, acting through the Coordinator, shall advise 
the Secretary of the Treasury concerning the administration of the 
Sustainable Ecosystems and Economies Demonstration Program Account 
established under section 5.
    (h) Requirements for Selection of Ecosystem Management Areas and 
Implementation of Program.--To the maximum extent practicable, in 
selecting ecosystem management areas and implementing the Program, the 
Secretary, acting through the Coordinator, shall provide for the use of 
existing land use plans, public review processes, and current 
administrative review processes in effect at the time of the 
implementation, and consult with appropriate existing advisory 
councils.
    (i) Project Priorities.--To the maximum extent practicable, the 
demonstration projects shall be designed--
            (1) to serve communities that have been designated by the 
        Secretary as timber dependent or have significant unemployment 
        rates attributable to land management decisions made by the 
        Federal Government, as determined by the Secretary;
            (2) to maximize the employment of qualified local 
        individuals; and
            (3) to initially give priority to wildland interface areas 
        (as defined by the Secretary) with respect to reducing wildfire 
        hazards and minimizing the effects of insect or disease 
        infestation in a manner consistent with ecosystem management 
        objectives established by the local land manager.
    (j) Regulations.--To the maximum extent possible the Secretary 
shall carry out the Program without prescribing additional regulatory 
requirements.
    (k) Application of Small Business Act.--In carrying out this Act, 
the Secretary shall give such preferential treatment to small 
businesses, including small business concerns (within the meaning of 
section 3(a) of the Small Business Act (15 U.S.C. 632(a))), under 
existing laws and policies relating to the allocation of timber sales 
programs in the Forest Service.
    (l) TSPIRS.--Any timber offset made pursuant to subsection (k), and 
any other value for timber that is approved by the Secretary as an 
offset pursuant to a demonstration project, shall be credited as a 
revenue for the purposes of the Timber Sales Program Information 
Reporting System (commonly referred to as the ``TSPIRS'') of the Forest 
Service.
    (m) Acres Treated.--A local land manager may use the number of 
acres subject to treatments and services prescribed under an ecosystem 
management contract as a standard for assessing the relative merit of a 
demonstration project.
    (n) Payment to Local Governments.--The Secretary (acting through 
the Chief of the Forest Service) shall consider the tract value (as 
defined and determined by the Secretary) of timber or other product (as 
defined and determined by the Secretary) removed pursuant to a 
demonstration project as money received for the purposes of computing 
and distributing payments to States under the last paragraph in the 
matter under the heading ``FOREST SERVICE.'' in the Act of May 23, 1908 
(popularly referred to as the ``Twenty-Five Percent Fund Act'') (35 
Stat. 260, chapter 192; 16 U.S.C. 500).
    (o) Joint or Cooperative Demonstration Projects.--As part of the 
Program, the Secretary may enter into agreements and memoranda of 
understanding to conduct joint or cooperative demonstration projects 
with--
            (1) the heads of other Federal agencies;
            (2) appropriate officials of the governments of States and 
        political subdivisions of States; and
            (3) appropriate officials of other public and private 
        entities that the Secretary considers appropriate for carrying 
        out a demonstration project.
    (p) Compliance With Environmental Laws.--The Secretary shall ensure 
that the entity that intends to carry out the demonstration project has 
met all applicable Federal environmental laws (as determined by the 
Secretary).
    (q) Termination of Program.--The Program established under this 
section shall terminate 5 years after the date of enactment of this 
Act. A demonstration project established under the Program shall 
terminate not later than 5 years after the date on which a management 
contract is executed, or with respect to a demonstration project 
described in subsection (o), 5 years after the date the Secretary 
executes an agreement or enters into a memorandum of understanding 
under such subsection.

SEC. 5. SUSTAINABLE ECOSYSTEMS AND ECONOMIES DEMONSTRATION PROGRAM 
              ACCOUNT; SUPPLEMENTAL FUNDING.

    (a) Purpose.--There is hereby established in the Treasury of the 
United States a Sustainable Ecosystems and Economies Account. The 
Secretary of the Treasury shall maintain a subaccount in the Account 
for each national forest that is selected as a site for demonstration 
projects under section 4.
    (b) Administration of Account.--The Secretary of the Treasury shall 
administer the Account in consultation with the Secretary of 
Agriculture, acting through the Coordinator.
    (c) Deposits.--Notwithstanding any other provision of law, the 
Secretary of the Treasury shall deposit in the Account the amount of 
revenues received from demonstration projects in excess of any amount 
required to offset the cost of stewardship services pursuant to section 
4(b).
    (d) Expenditures.--On the request of the Secretary, acting through 
the Coordinator, the Secretary of the Treasury shall make available to 
the Secretary of Agriculture from the appropriate subaccount of the 
Account, funds directly related to the development, planning, and 
implementation of demonstration projects carried out in a national 
forest in an amount equal to the revenues received in the subaccount 
from the sale of forest products from such national forest.
    (e) Termination Date for Deposits.--No deposits may be made into 
the Account after the earlier of--
            (1) the date that is 5 years after the date of enactment of 
        this Act; or
            (2) the date on which all demonstration projects authorized 
        under this Act have been terminated.
    (f) Transfer of Funds.--Upon the termination of the Account, funds 
remaining in the Account shall be transferred to the general fund of 
the Treasury.
    (g) Supplemental Funds.--In addition to using funds from the 
Account established under this section, the Secretary may use funds 
made available to the Secretary by appropriations to carry out the 
mission of the Forest Service (as defined and determined by the 
Secretary).

SEC. 6. DISSEMINATION OF RESEARCH AND DEMONSTRATION RESULTS.

    (a) In General.--The Secretary shall disseminate to public and 
private forest owners the results of the research and demonstration 
projects carried out under section 4 that may be beneficial to such 
forest owners.
    (b) Application of Authorities.--In carrying out this section, the 
Secretary may exercise the authorities related to the dissemination of 
information granted to the Secretary under the following provisions of 
law:
            (1) The Forest and Rangeland Renewable Resources Research 
        Act of 1978 (16 U.S.C. 1641 et seq.).
            (2) The Act commonly known as the ``McIntyre-Stennis Act of 
        1962'' (Public Law 87-788).
            (3) The Wood Residue Utilization Act of 1980 (16 U.S.C. 
        1681 et seq.).
    (c) Reports to Congress.--Not later than 180 days after the date of 
termination of each demonstration project, the Secretary shall prepare 
and submit to Congress a summary and evaluation of the elements of the 
demonstration project (as described in the applicable ecosystem 
management contract) and the results of the demonstration project. The 
report may include the following:
            (1) A summary of the beneficial and adverse environmental 
        impacts associated with the activities conducted pursuant to 
        the demonstration project.
            (2) The functional role of the ecosystem management area 
        that is the site of the demonstration project with respect to--
                    (A) the ecosystem encompassing the ecosystem 
                management area and other associated ecosystems; and
                    (B) the long-term demands of the health and 
                biodiversity of the forest.
            (3) The economic impacts on local employment and adjacent 
        rural communities of the activities conducted under the 
        demonstration project.
            (4) The project costs and revenues and cost savings, if 
        any, resulting from coordinated treatments, including an 
        identification of revenues realized from the sale of forest 
        products.
            (5) With respect to the ecosystem management contract, a 
        summary of the following:
                    (A) The benefits and limitations of the ecosystem 
                management contract.
                    (B) The number of applicants for participation in 
                the demonstration project.
                    (C) A description of the regulatory process that 
                governs the ecosystem management contract.
                    (D) The effectiveness of the ecosystem management 
                contract in defining and achieving results in the 
                demonstration project.
            (6) The impacts on small businesses.
            (7) The effectiveness of the public involvement process in 
        the development and implementation of the demonstration 
        project.
            (8) The number and nature of appeals associated with the 
        development and implementation of the demonstration project.
            (9) The use of research in developing and implementing the 
        development project.
            (10) An evaluation of the work conducted under agreements 
        or contracts with institutions of higher education (as defined 
        in section 1201(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1141(a))) or other appropriate educational or research 
        institutions (including a nonprofit corporation, a private 
        foundation, or a consortium of such institutions) to carry out 
        research, establish project criteria, or conduct project end-
        result evaluations.
            (11) A determination of measurable units that were used to 
        measure progress or improvement toward achieving sustainability 
        for the ecosystem.
            (12) The relative effectiveness of the provisions under the 
        last paragraph in the matter under the heading ``FOREST 
        SERVICE.'' in the Act of May 23, 1908 (popularly referred to as 
        the ``Twenty-Five Percent Fund Act'') (35 Stat. 260, chapter 
        192; 16 U.S.C. 500) in determining the amounts of payments to 
        local governments in comparison with the effectiveness of the 
        determinations made under the demonstration projects.

SEC. 7. REPORT BY THE PRESIDENT.

    (a) In General.--The President shall submit to Congress an annual 
report concerning the status of the Program. The President shall submit 
the first report not later than 1 year after the date of enactment of 
this Act, and shall submit a final report not later than 1 year after 
the date on which the Program terminates.
    (b) Final Report.--The final report submitted by the President 
under this section shall contain the following:
            (1) An evaluation of the results of the demonstration 
        projects conducted under the Program and an evaluation of the 
        Program, on the basis of--
                    (A) costs and the quantities of outputs; and
                    (B) environmental costs and benefits.
            (2) Such recommendations concerning the achievement of 
        ecosystem management and other matters related to the Program 
        as the President determines to be appropriate.
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