[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 459 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 459

To arrest the decline in, and promote the restoration of, the health of 
 forest ecosystems on Federal lands, to reduce the escalating risk to 
  human safety posed by potentially catastrophic wildfires on Federal 
lands, to require the Secretary of the Interior to establish a special 
fund for Bureau of Land Management activities in furtherance of forest 
                    health, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 25 (legislative day, January 5), 1993

Mr. Packwood (for himself, Mr. Gorton, Mr. Craig, Mr. Stevens, and Mr. 
   Simpson) introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To arrest the decline in, and promote the restoration of, the health of 
 forest ecosystems on Federal lands, to reduce the escalating risk to 
  human safety posed by potentially catastrophic wildfires on Federal 
lands, to require the Secretary of the Interior to establish a special 
fund for Bureau of Land Management activities in furtherance of forest 
                    health, 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 ``Federal Forests Health Recovery Act 
of 1993''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the forests on substantial areas of Federal lands are 
        dead or are dying at an unprecedented rate from drought, insect 
        infestation, disease, fire, and other causes;
            (2) this alarming decline in forest health--
                    (A) threatens entire ecosystems with collapse or 
                destruction and endangers human life, property, and 
                communities with catastrophic wildfires; and
                    (B) will inflict substantial economic losses on 
                Federal, State, and local governments and individuals 
                because of the reduction in shared receipts obtained 
                from, and the revenue, income, and employment generated 
                by, Federal timber sales;
            (3) careful management of these dead and dying forests 
        through thinning, salvage, timber stand improvement, 
        reforestation, fuels management, insect and disease control, 
        and other forest health recovery activities can--
                    (A) forestall or minimize the economic losses;
                    (B) reduce the threat to human life, property, and 
                communities; and
                    (C) hasten the recovery of forest ecosystems; and
            (4) to effect the management described in paragraph (3)--
                    (A) the Bureau of Land Management and Forest 
                Service must be authorized to respond more 
                expeditiously and fully, than is permitted by law in 
                effect on the date of enactment of this Act, on Federal 
                lands where forest health problems exist; and
                    (B) the Bureau of Land Management must be accorded 
                authority comparable to that provided by Federal law to 
                the Forest Service to expend receipts from the sales of 
                salvaged timber and other forest products for the 
                purpose of restoring and maintaining forest health.
    (b) Purposes.--The purposes of this Act are to encourage, and 
provide authority for, management initiatives on Federal lands to--
            (1) arrest the escalating deterioration in the health of 
        forests and forest ecosystems, and the attendant injury to and 
        destruction of wildlife, watershed, soil, recreational, 
        economic, and other resources and values, that result from 
        natural resource disasters, including catastrophic wildfires, 
        drought, insect infestation, disease, and other natural and 
        human-caused events;
            (2) minimize the threat to human life, property, and 
        communities from catastrophic wildfires that may originate in 
        the dead and dying forests;
            (3) reduce the economic losses that are and will be 
        inflicted on all levels of government, communities, and 
        individuals by the loss of forest health; and
            (4) achieve the long-term restoration and maintenance of 
        the health of the forests and forest ecosystems.

SEC. 3. DEFINITIONS.

    Except as otherwise expressly provided, as used in this Act:
            (1) Federal lands.--The term ``Federal lands'' means--
                    (A) public lands (as defined in section 103(e) of 
                the Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1702(e))); and
                    (B) lands included in the National Forest System 
                (as defined in section 11(a) of the Forest and 
                Rangeland Renewable Resources Planning Act of 1974 (16 
                U.S.C. 1609(a))).
            (2) Forest health activity.--The term ``forest health 
        activity'' means any thinning, salvage, timber stand 
        improvement, reforestation, controlled burning or other fuels 
        management, insect or disease control, riparian or other 
        habitat improvement, soil stabilization or other water quality 
        improvement, or other activity, the purpose of which is to meet 
        one or more of the objectives described in section 4(a).
            (3) Land management plan.--The term ``land management 
        plan'' means--
                    (A) a land use plan prepared by the Bureau of Land 
                Management pursuant to section 202 of the Federal Land 
                Policy and Management Act of 1976 (43 U.S.C. 1712), or 
                other plan currently in effect, for a unit of the 
                Federal lands described in paragraph (1)(A); or
                    (B) a land and resource management plan (or if no 
                final plan is currently in effect, a draft land and 
                resource management plan) prepared by the Forest 
                Service pursuant to section 6 of the Forest and 
                Rangeland Renewable Resources Planning Act of 1974 (16 
                U.S.C. 1604) for a unit of the Federal lands described 
                in paragraph (1)(B).
            (4) Secretary.--The term ``Secretary'' means--
                    (A) with respect to Federal lands described in 
                paragraph (1)(A), the Secretary of the Interior, or a 
                designee; and
                    (B) with respect to Federal lands described in 
                paragraph (1)(B), the Secretary of Agriculture, or a 
                designee.

SEC. 4. FOREST HEALTH ACTIVITIES.

    (a) In General.--Subject to section 8, the Secretary shall prepare 
for and undertake or authorize forest health activities, individually 
or in combination, as the Secretary considers necessary to--
            (1) arrest the deterioration in the health of forests and 
        forest ecosystems on Federal lands;
            (2) restore and maintain the health of the forests and 
        forest ecosystems that have suffered or are suffering 
        deteriorated health conditions; or
            (3) ensure the public safety that is threatened by the 
        deteriorating health of the forests and forest ecosystems.
    (b) Considerations.--In determining and preparing for the necessary 
forest health activity, or combination of the activities, for any 
Federal lands, the Secretary shall consider the significance and 
conditions of all relevant forest resources and values, including 
timber, recreation, wildlife, watershed, and soil, on the lands, and 
the economic well-being of individuals and communities economically 
dependent on the lands.
    (c) Role of Sales.--
            (1) In general.--The Secretary may offer and award a timber 
        sale as a forest health activity pursuant to this Act if the 
        sale meets one or more of the objectives described in 
        subsection (a).
            (2) Effect of costs.--No sale shall be precluded because 
        the anticipated total costs of the sale are greater than the 
        anticipated revenues from the sale.
            (3) Harvest of live trees.--Whenever the harvest of live 
        trees is likely to occur in carrying out a forest health 
        activity, the Secretary shall provide to the public a detailed 
        statement of the determination of the Secretary that the 
        activity meets one or more of the objectives described in 
        subsection (a).

SEC. 5. FUNDING OF FOREST HEALTH ACTIVITIES.

    (a) Funding of Bureau of Land Management Activities.--
            (1) Establishment of fund.--There is established in the 
        Treasury of the United States a special fund (referred to in 
        this subsection as the ``fund'') to be used in accordance with 
        paragraph (3), consisting of--
                    (A) such amounts as are appropriated to the fund 
                under paragraph (2); and
                    (B) any interest earned on investment of amounts in 
                the fund under paragraph (4).
            (2) Transfers to fund.--There are appropriated to the fund 
        amounts equivalent to the Federal shares of moneys received 
        from the disposal of salvage forest products and timber from 
        Federal lands described in section 3(1)(A) pursuant to--
                    (A) the Act entitled ``An Act relating to the 
                revested Oregon and California Railroad and reconveyed 
                Coos Bay Wagon Road grant lands situated in the State 
                of Oregon'', approved August 28, 1937 (43 U.S.C. 1181a 
                et seq.);
                    (B) the Act entitled ``An Act relating to the 
                disposition of funds derived from the Coos Bay Wagon 
                Road grant lands'', approved May 24, 1939 (43 U.S.C. 
                1181f-l et seq.);
                    (C) the Act entitled ``An Act to provide for the 
                disposal of materials on the public lands of the United 
                States'', approved July 31, 1947 (30 U.S.C. 601) 
                (commonly known as the ``Materials Act of 1947''); and
                    (D) this Act.
            (3) Expenditures from fund.--Upon request by the Secretary 
        of the Interior, the Secretary of the Treasury shall transfer 
        from the fund to the Secretary of the Interior such sums as the 
        Secretary of the Interior determines are necessary to carry 
        out, on the Federal lands described in section 3(1)(A)--
                    (A) the forest health activities--
                            (i) authorized pursuant to section 4; or
                            (ii) described in section 3(2) and 
                        authorized under any other provision of law;
                    (B) activities to maintain healthy forests and 
                forest ecosystems, including--
                            (i) controlled burning;
                            (ii) site preparation;
                            (iii) tree planting;
                            (iv) protection of seedlings from animal 
                        and other environmental elements;
                            (v) release from competing vegetation; and
                            (vi) precommercial thinning;
                    (C) activities to maintain or enhance the health of 
                other ecosystems, including range and nonforested 
                watershed improvement activities;
                    (D) the planning and preparation of salvage timber 
                for disposal;
                    (E) the administration of timber sales pursuant to 
                this Act or other applicable law; and
                    (F) subsequent site preparation, reforestation, and 
                forest development activities required on rehabilitated 
                sites.
            (4) Investment of funds.--
                    (A) In general.--The Secretary of the Treasury 
                shall invest such portion of the fund as is not, in the 
                judgment of the Secretary, required to meet current 
                withdrawals. Investments may be made only in interest-
                bearing obligations of the United States.
                    (B) Acquisition of obligations.--For the purpose of 
                investments, obligations may be acquired--
                            (i) on original issue at the issue price; 
                        or
                            (ii) by purchase of outstanding obligations 
                        at the market price.
                    (C) Sale of obligations.--Any obligation acquired 
                by the fund may be sold by the Secretary of the 
                Treasury at the market price.
                    (D) Credits to fund.--The interest on, and the 
                proceeds from the sale or redemption of, any 
                obligations held in the fund shall be credited to and 
                form a part of the fund.
            (5) Transfers of amounts.--
                    (A) In general.--The amounts required to be 
                transferred to the fund under this subsection shall be 
                transferred at least monthly from the general fund of 
                the Treasury to the fund on the basis of estimates made 
                by the Secretary of the Treasury.
                    (B) Adjustments.--Proper adjustment shall be made 
                in amounts subsequently transferred to the extent prior 
                estimates were in excess of or less than the amounts 
                required to be transferred.
    (b) Funding of Forest Service Activities.--From the salvage sale 
fund authorized by section 14(h) of the National Forest Management Act 
of 1976 (16 U.S.C. 472a(h)) and the fund established under section 3 of 
the Act entitled ``An Act authorizing the Secretary of Agriculture to 
enlarge tree-planting operations on national forests, and for other 
purposes'', approved June 9, 1930 (16 U.S.C. 576b) (commonly known as 
the ``Knutson-Vandenberg Act''), the Secretary of Agriculture may use, 
without further appropriation, such sums as are necessary to carry out 
on the Federal lands described in section 3(1)(B)--
            (1) the forest health activities--
                    (A) authorized pursuant to section 4; or
                    (B) described in section 3(2) and authorized under 
                any other provision of law; and
            (2) activities to maintain or enhance the health of other 
        ecosystems, including range and nonforested watershed 
        improvement activities.

SEC. 6. ANALYSIS OF FOREST HEALTH ACTIVITIES.

    (a) In General.--A forest health activity that is not inconsistent 
with the long-term management goals and objectives of a land management 
plan for the unit of Federal lands on which the activity is to occur 
shall be deemed not to be a major Federal action significantly 
affecting the quality of the human environment for the purpose of 
section 102(2)(C) of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332(2)(C)).
    (b) Exclusions for Certain Activities.--The Secretary shall 
establish, by regulation, categorical exclusions from the requirements 
established pursuant to such section 102 for certain types of salvage 
and other forest health activities, based on the extent to which the 
activity includes selective thinning, no building of new roads, minimum 
loss of healthy standing timber, and other justifying factors.

SEC. 7. REVIEW OF FOREST HEALTH ACTIVITIES.

    (a) In General.--Unless the Secretary specifically provides for 
administrative review, a citizen of the United States may seek 
immediate judicial review of any decision of the Secretary to carry out 
a forest health activity pursuant to section 4.
    (b) Standing for Administrative Review.--If the Secretary provides 
an opportunity for administrative review of a forest health activity 
and an opportunity for public comment during the preparation or 
consideration of an activity described in subsection (a), standing to 
bring an administrative appeal of such an activity shall be available 
only to persons who have submitted timely comment on the activity.
    (c) District Court Review.--
            (1) Venue.--Judicial review of a forest health activity 
        authorized pursuant to section 4 shall take place only in the 
        district court of the United States for the district in which 
        the Federal lands subject to the forest health activity are 
        located.
            (2) Deadline for filing.--An action brought pursuant to 
        this subsection shall be filed not later than 30 days after the 
        date of publication of the final decision of the Secretary to 
        carry out the forest health activity.
            (3) Deadline for decision.--In an action brought pursuant 
        to this subsection, a district court shall render a final 
        decision and dissolve any restraining order or preliminary 
        injunction not later than 60 days after the date of the filing 
        of the action.
    (d) Appeals.--
            (1) Deadline for filing.--Any appeal from the final 
        decision of a district court in an action brought pursuant to 
        subsection (c) shall be filed not later than 30 days after the 
        date of the decision.
            (2) Deadline for decision.--The court of appeals shall 
        render a final decision on the appeal and dissolve any 
        injunction pending appeal not later than 90 days after the date 
        of the filing of the appeal.

SEC. 8. EXCLUDED LANDS.

    The Secretary may not prepare, undertake, or authorize any forest 
health activity pursuant to section 4 on any Federal lands located 
within--
            (1)(A) any unit of the National Wilderness Preservation 
        System;
            (B) any other area formally withdrawn from timber 
        harvesting by law;
            (C) any roadless area designated by Congress for wilderness 
        study; or
            (D) any roadless area recommended by the Bureau of Land 
        Management or Forest Service for wilderness designation; or
            (2) any other area in which timber harvesting is expressly 
        prohibited by an applicable land management plan, unless the 
        plan is amended to permit the activity to occur in accordance 
        with section 202 of the Federal Land Policy and Management Act 
        of 1976 (43 U.S.C. 1712) or section 6 of the Forest and 
        Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 
        1604).

SEC. 9. BUDGET DISCLOSURES.

    Beginning with the fiscal budget for the first full fiscal year 
following the date of enactment of this Act, requests presented by the 
President to Congress governing activities of the Bureau of Land 
Management or the Forest Service shall express in qualitative and 
quantitative terms the extent to which the projected activities under 
the budget fully achieve the policies and purposes, and implement the 
provisions, of this Act.

SEC. 10. ADVISORY BOARDS.

    (a) Appointment.--
            (1) In general.--The relevant Secretary shall appoint an 
        advisory board (referred to in this section as an ``advisory 
        board'') for each Bureau of Land Management district and 
        national forest in Oregon and Washington located in whole or in 
        part east of the Cascade Range on which forest health 
        activities are likely to be undertaken. The relevant Secretary 
        is hereby authorized at his discretion to appoint an advisory 
        board pursuant to this section for other Bureau of Land 
        Management districts and national forests on which forest 
        health activities are likely to be undertaken.
            (2) Composition.--An advisory board shall be comprised of 
        not more than seven individuals who, in the judgment of the 
        Secretary, represent a diversity of views.
            (3) Compensation.--A member of an advisory board shall 
        serve without compensation or reimbursement for expenses.
    (b) Duties.--An advisory board shall advise relevant Federal land 
managers on general forest health matters in the context of the 
respective planning efforts of the Bureau of Land Management and the 
Forest Service. In addition, an advisory board may--
            (1) review proposed forest health activities of the 
        affected unit of Federal land individually or in combination; 
        and
            (2) present recommendations to the Bureau of Land 
        Management or Forest Service--
                    (A) in the case of any forest health activity 
                determined by the Secretary to constitute an emergency, 
                within fifteen days after receipt of documents 
                pertinent to the review; and
                    (B) in the case of any other forest health 
                activity, within forty-five days after receipt of 
                documents pertinent to the review.
    (c) The advisory boards shall be named not later than sixty days 
after enactment of this Act. The advisory boards established under this 
section shall not be subject to the Federal Advisory Committee Act (86 
Stat. 770).

SEC. 11. MONITORING AND ANNUAL FOREST HEALTH REPORTS.

    The Secretary shall annually--
            (1) monitor each forest health activity authorized pursuant 
        to section 4 on the Federal lands under the jurisdiction of the 
        Secretary; and
            (2) report to Congress on--
                    (A) the timeliness, effectiveness, and cost of each 
                such activity; and
                    (B) the condition of and trend in health of the 
                forest and forest ecosystem in each unit of the Federal 
                lands under the jurisdiction of the Secretary.

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S 459 IS----2