[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1054 Introduced in Senate (IS)]

  1st Session
                                S. 1054

To provide for the protection of Southeast Alaska jobs and communities, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 21 (legislative day, July 10), 1995

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

_______________________________________________________________________

                                 A BILL


 
To provide for the protection of Southeast Alaska jobs and communities, 
                        and for other purposes.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may be 
referred to as the ``Southeast Alaska Jobs and Communities Protection 
Act of 1995''.
    Sec. 1. Title I of the Tongass Timber Reform Act is amended by 
adding new section 107:
    The Alaska National Interest Lands Conservation Act of 1980 (Public 
Law 96-487) is hereby amended by adding a new section 709:

            ``tongass land management planning requirements

    ``Sec. 709. (a) In revising the Tongass Land Management Plan or in 
preparing or revising any other plan for the Tongass National Forest 
pursuant to the National Forest Management Act of 1976 (Public Law 94-
588), the Forest and Rangeland Renewable Resources Planning Act of 1974 
(Public Law 93-378), or any other applicable law, the Secretary shall, 
during the planning and decision making process, comply with the 
directives of this section:
            ``(1) All lands on the Tongass National Forest shall be 
        considered for multiple use designations, except those lands 
        which are designated as wilderness or national monuments by 
        section 503 and section 703 of this Act. In making or 
        recommending land use allocations, the Secretary shall maintain 
        sufficient lands economically suitable for timber production to 
        provide annual and decadal allowable sale quantities to provide 
        sufficient timber to support the same number of timber industry 
        related jobs in the timber dependent communities in Southeast 
        Alaska as existed at the time of passage of the Tongass Timber 
        Reform Act of 1990. This shall include--
                    ``(A) a sufficient volume of timber to provide for 
                a medium density fibre board or similar facility in 
                Sitka, Alaska; and
                    ``(B) a sufficient volume of timber to operate the 
                sawmill in Wrangell.
        Notwithstanding any other provision of law, to meet the 
        requirements of this section the Secretary is authorized to add 
        to or substitute to the lands economically suitable for timber 
        production described in the Tongass Land Management Plan in 
        existence at the time of passage of this Act so many acres of 
        lands economically suitable for timber production from lands, 
        except those designated as wilderness, which are unscheduled 
        for harvest under the existing Tongass Land Management Plan, as 
        are necessary to meet the timber volume requirements of this 
        section.
            ``(2) No diminution of the timber volume available for 
        timber harvesting from the Tongass National Forest, including 
        diminution pursuant to subsection (3) shall be made through 
        removal of land from lands suitable for timber production or 
        through reduction in the allowable sale quantity unless the 
        Secretary--
                    ``(A) specifically finds in a written decision 
                based upon substantial evidence that any reduction of 
                jobs from the 1990 level and adverse impact on the 
                affected timber dependent community or communities in 
                southeast Alaska is outweighed by the environmental 
                gains to be achieved by that removal or reduction; and
                    ``(B) provides equivalent substitute timber volume 
                to offset the impact on the affected timber dependent 
                community or communities and the reduction of jobs from 
                the 1990 level, as provided in subsection (a)(1).
            ``(3)(A) Notwithstanding any other provision of law, no 
        removal of land from lands suitable for timber production or 
        reduction in the allowable sale quantity may be made by the 
        Secretary to maintain the diversity of plant and animal 
        communities, including but not limited to the viability of a 
        particular species, unless the Secretary first finds in a 
        written determination based upon substantial evidence that such 
        removal or reduction is necessary to prevent a species from 
        becoming threatened or endangered and that the species is not 
        present in numbers adequate to maintain the species within an 
        area or areas of the Tongass National Forest. Any removal of 
        lands suitable for timber production or reduction in the 
        allowable sale quantity made pursuant to this paragraph shall 
        be limited to the minimum amount of lands suitable for
         timber production and the minimum allowable sale quantity that 
the Secretary finds necessary to prevent such threat or endangerment, 
and only after consultation with the State of Alaska regarding the 
control of predators which prey upon the plant or animal of concern and 
after all nonsubsistence uses for that species throughout the Tongass 
National Forest have been terminated by the relevant authority or 
authorities.
            ``(B) Notwithstanding any other provision of law, the 
        diversity of plant and animal communities, including but not 
        limited to the viability of a particular species' population, 
        shall be determined to satisfy the requirements of all 
        applicable Federal laws (including the National Forest 
        Management Act of 1976, so long as a population adequate to 
        maintain the species is found to exist within any area of the 
        Tongass National Forest. The term `well-distributed in the 
        planning area' (as used in 36 C.F.R. Sec. 219.19) shall be 
        limited to mean a distribution sufficient to maintain the 
        species within a portion of the Forest.
            ``(C) The Secretary is directed to promulgate regulations 
        to implement the provisions of this subparagraph (3) within 60 
        days of the enactment of this section.
            ``(4) The Secretary shall actively manage second growth 
        timber on lands economically suitable for timber production 
        within the Tongass National Forest to (A) maximize current and 
        future timber production and (B) to the extent it is cost 
        efficient and practical to do so as habitat for deer and other 
        species. Active management shall consist of agency supervised 
        activities, such as precommercial and commercial thinning.
    ``(b) Notwithstanding any other provision of law, the substitution 
of lands, except those designated as wilderness, which are unscheduled 
for harvest as required by subsection (a)(1) hereof shall be 
accomplished by the Secretary within 30 days of any determination that 
it is necessary to meet the requirements of this section. Such 
substitution shall be done without the preparation of any environmental 
assessment or environmental impact study under the National 
Environmental Policy Act or a subsistence evaluation under section 810 
of ANILCA. The act of substitution shall not be subject to any 
administrative appeal under the regulations of the Forest Service. The 
Secretary shall publish a notice in the Federal Register of his 
decision to substitute the lands on the date that the substitution is 
implemented.
    ``(c) A court of competent jurisdiction shall not find or determine 
that a new or revised Tongass Land Management Plan or other plan or 
revised plan prepared for the Tongass National Forest is inconsistent 
with or in violation of the National Forest Management Act of 1976 
(Public Law 94-588), the Multiple-Use Sustained-Yield Act of 1960 
(Public Law 86-517), or the Organic Act as a result of compliance with 
the provisions of this Act, as amended.''.
    Sec. 2. Section 101 of the Tongass Timber Reform Act of 1990 
(Public Law 101-626) is hereby amended as follows:
    The Alaska National Interests Lands Conservation Act (Public Law 
96-487) as amended, is hereby amended by deleting section 705(a) (16 
U.S.C. 539d(a)) in its entirety and inserting the following new 
subsection:
    (a) Existing subsections (b) through (f) will be relabeled as new 
subsections (h) through (l), and the following new subsections (b) 
through (g) will be inserted:
    ``Sec. 705. (a) Subject to appropriations, other applicable law, 
and the requirements of the National Forest Management Act of 1976, 
(Public Law 94-588), except as provided in subsection (d) of this 
section, as amended, the Secretary shall, to the extent consistent with 
providing for the multiple use and sustained yield of renewable forest 
resources, provide a supply of mid-market timber from the Tongass 
National Forest which (1) meets the annual market demand for timber 
from such forest and (2) meets the market demand from such forest for 
each planning cycle.
    ``(b) To meet the obligations under paragraph (a) of this 
subsection, the Secretary shall regularly monitor timber supply and 
demand for timber from Federal, State and private lands in southeast 
Alaska and provide to the public by January 1 of each year a record of 
the following:
            ``(1) A report setting forth the Secretary's determination 
        of the market demand for timber from private, State, and 
        Federal lands in southeast Alaska along with the findings which 
        support that determination.
            ``(2) The Secretary's determination of market demand from 
        the Tongass National Forest shall consider at least the 
        following:
                    ``(A) The volume of timber in the form of forest 
                products which could be sold from the Tongass National 
                Forest if there were no constraints on supply.
                    ``(B) A description of the restrictions upon the 
                availability of economic timber and a quantitative 
                description of how each restriction affects the 
                Secretary's ability to meet market demand.
                    ``(C) A description of how the mid-market test is 
                being implemented and the volume of mid-market timber 
                currently available.
                    ``(D) The installed production capacity of the 
                timber industry which operates on the Tongass National 
                Forest.
            ``(3) A detailed report explaining how the Secretary 
        intends to reconcile the market demand determined pursuant to 
        this section with the other laws referred to in subsection (a), 
        along with recommendations to increase timber availability.
    ``(c) Along with the submission of the President's budget, the 
Secretary shall provide to the public a detailed explanation of how the 
Secretary's determinations in subsections (b) (2) and (3) were utilized 
in setting timber volume sale and offering levels for the Tongass 
National Forest contained in the President's budget for that fiscal 
year.
    ``(d)(1) In order to meet the requirement of this section and 
provide a supply of timber which meets the annual market demand and 
planning cycle demand for timber from the Tongass National Forest, the 
Secretary may not diminish timber volume available for harvest from the 
Tongass National Forest, by removing lands economically suitable for 
timber production or by reducing the allowable sale quantity to meet 
the requirements of other laws unless the Secretary makes a written 
determination based upon substantial evidence that any resulting 
reduction of jobs from the 1990 level or adverse impacts upon each 
community dependent upon the timber industry are significantly 
outweighed by the environmental benefits to be achieved.
    ``(2) Where timber supply from the Tongass National Forest is 
diminished by removal of forest land from the lands economically 
suitable for timber production or by reduction in the allowable sale 
quantity, the Secretary shall, pursuant to subsection (e), substitute 
an equivalent number of acres of lands economically suitable for timber 
production and timber volume by adding other lands from the Tongass 
National Forest to the lands economically suitable for timber 
production to maintain the allowable sale quantity. Such removal or 
reduction can take effect only after the substitute timber has been 
added to the lands suitable for timber production.
    ``(e)(1) Notwithstanding any other provision of law, to meet the 
requirements of this section the Secretary is authorized to add to or 
substitute to the lands economically suitable for timber production 
described in the Tongass Land Management Plan in existence at the time 
of passage of this Act so many acres of lands economically suitable for 
timber production from lands except those designated as wilderness, 
which are unscheduled for harvest under the existing Tongass Land 
Management Plan, as are necessary to meet the timber volume 
requirements of this section.
    ``(2) Such substitution shall be accomplished by the Secretary 
within 30 days of any determination that it is necessary to meet the 
requirements of subsection (d) of this section and shall be done 
without the preparation of any environmental assessment or 
environmental impact study under the National Environmental Policy Act 
or a subsistence evaluation under section 810 of ANILCA. The act of 
substitution shall not be subject to any administrative appeal under 
the regulations of the Forest Service. The Secretary shall publish a 
notice in the Federal Register of his decision to substitute the lands 
on the date that the substitution is implemented.
    ``(f) The Secretary is directed to promulgate regulations to 
implement the provisions of this section within 60 days of the 
enactment of this section.
    ``(g) A court of competent jurisdiction shall not find or determine 
that a sale or offering of timber on the Tongass National Forest is 
inconsistent with or in violation of the National Forest Management Act 
of 1976 (Public Law 94-588), the Multiple-Use Sustained-Yield Act of 
1960 (Public Law 86-517), or the Organic Act as a result of the 
Secretary's compliance with the provisions of this section.''.
    Sec. 3. Section 102 of the Tongass Timber Reform Act of 1990 
(Public Law 101-626) is amended as follows:
    The Alaska National Interest Lands Conservation Act of 1980 (Public 
Law 96-487) is amended by deleting section 705(d) (16 U.S.C. 539d(d)) 
in its entirety and inserting in lieu thereof:
    ``The provisions of section 6(k) of the National Forest Management 
Act of 1976 (codified at 16 U.S.C. 1604(k)) shall only apply in a 
manner consistent with the provisions of this Act. No decision to find 
land unsuitable for timber production shall be made which would 
eliminate timber from lands suitable for timber production unless the 
Secretary makes a written finding consistent with section 101 of this 
Act and pursuant to section 101(e) of this Act substitutes an 
equivalent amount of equally suitable lands for timber production to 
maintain annual and decadal allowable sale quantities to provide 
sufficient timber to support the same number of timber industry related 
jobs in the timber dependent communities in southeast Alaska as existed 
at the time of passage of the Tongass Timber Reform Act of 1990. This 
shall include--
            ``(A) a sufficient volume of timber to provide for a medium 
        density fibre board or similar facility in Sitka, Alaska; and
            ``(B) a sufficient volume of timber to operate the sawmill 
        in Wrangell.''.
    Sec. 4. Section 105(b) of the Tongass Timber Reform Act of 1990 
(Public Law 101-626) is amended as follows:
    Section 705 (16 U.S.C. 539d) of the Alaska National Interest Lands 
Conservation Act of 1980 (Public Law 96-487) is amended by adding the 
following new subsection:
            ``(1) Subject to appropriations, the provisions of this Act 
        and other applicable law (including but not limited to the 
        requirements of the National Forest Management Act of 1976 
        (Public Law 94-588), and in order to assure the continuation of 
        the Small Business Administration timber sale program, the 
        Secretary shall, in consultation with the Administrator of the 
        Small Business Administration and to the extent consistent with 
        providing for the multiple use and sustained yield of all 
        renewable forest resources, schedule and make available 
        annually at least 80 million board feet of timber from lands 
        economically suitable for timber production within the Tongass 
        National Forest to those purchasers qualifying as `small 
        business concerns' under the Small Business Act as amended 
        (codified at 15 U.S.C. 631 et seq.). Timber sales that are 
        designated as small salvage timber sales (SSTS), resales of 
        uncompleted contracts (defaulted sales), and previously 
        advertised but unsold timber sales will be exempt from this 
        requirement. Sales shall be designed to meet the unique needs 
        and volume requirements of Small Business Administration 
        purchasers. The Secretary shall make special efforts to design 
        sales along existing roads and to allow road reconstruction if 
        necessary to successfully complete harvesting under the timber 
        sales.''.
    Sec. 5. The Tongass Timber Reform Act of 1990 (Public Law 101-626) 
is amended by adding new section 108:
    The Alaska National Interest Lands Conservation Act of 1980 (Public 
Law 96-487) is hereby amended to add new section 710:
    ``Sec. 710. Notwithstanding any other provision of law, persons and 
communities adversely affected by the Secretary's actions under this 
Act hereby have a cause of action. Original jurisdiction for any civil 
action against the Secretary under this Act shall be in the District 
Court for the District of Alaska. The District Court shall have the 
authority to order specific performance by the Secretary for any 
failure to perform the actions required by this Act or to issue an 
order enjoining the implementation of the Secretary's decision to 
remove lands suitable for timber production or to reduce the allowable 
sale quantity pending the Secretary's specific performance of the 
requirements of this Act. Actions brought pursuant to this Act shall be 
governed by the following specific requirements:
            ``(1) Actions may not be commenced--
                    ``(A) without sixty days prior notice of an alleged 
                violation to the Secretary; or
                    ``(B) if another civil action challenging the same 
                or substantially the same violation is pending. If 
                another civil action is pending, a person with an 
                interest in that action may intervene as a matter of 
                right in that action.
            ``(2) Notice pursuant to this subsection shall be given by 
        certified mail.
            ``(3) The Court, in issuing any final order in any action 
        brought pursuant to this subsection, may award
         costs of litigation including reasonable attorney and expert 
witness fees to any prevailing or substantially prevailing party 
whenever the Court determines such an award is appropriate.
            ``(4) Nothing in this section shall restrict any right 
        which a person may have under any other statute or common law 
        to seek any other relief.''.
    Sec. 6. Section 104(a) of the Tongass Timber Reform Act of 1990 
(Public Law 101-626) is amended as follows:
    Section 706 of the Alaska National Interest Lands Conservation Act 
of 1980 (Public Law 96-487) is hereby amended to add new subsection 
(d):
    ``(d) Timber Supply and Demand in Southeast Alaska; Reports.--
            ``(1) The Secretary is directed to monitor timber supply 
        and demand in southeast Alaska and report annually thereon to 
        the Committee on Energy and Natural Resources of the Senate and 
        the Committee on Natural Resources of the House of 
        Representatives.
            ``(2) The Secretary shall plan and request annual 
        appropriations sufficiently in advance to assure that at least 
        a three years' supply of unharvested timber which meets market 
        demand is available. Such supply of timber shall have been 
        previously determined to be available for harvesting in 
        accordance with the procedures established under the National 
        Environmental Policy Act of 1969 (Public Law 91-190) (codified 
        at 42 U.S.C. 4321 et seq.).
            ``(3) The Secretary shall publish quarterly reports to the 
        public disclosing the following--
                    ``(A) the volume of timber determined to be 
                available for harvesting in accordance with the 
                requirements of the National Environmental Policy Act;
                    ``(B) the volume of timber which has been 
                authorized to be harvested in accordance with the 
                National Environmental Policy Act but which is subject 
                to pending administrative appeals or litigation;
                    ``(C) the volume of timber which is subject to 
                temporary withdrawal by the Secretary or the President 
                pursuant to section 1326(a) of the Alaska National 
                Interest Lands Conservation Act (Public Law 96-487) or 
                any other Federal law or plan;
                    ``(D) the volume of unharvested timber under 
                contract; and
                    ``(E) the schedule of all timber sales pending in 
                the Tongass National Forest.''.
    Sec. 7. The Tongass Timber Reform Act of 1990 (Public Law 101-626) 
is amended to add new section 109:
    The Alaska National Interest Lands Conservation Act of 1980 (Public 
Law 96-487) is hereby amended to add new section 711:
    ``Sec. 711. For National Forest lands in the State of Alaska, the 
purchaser may elect to perform the road layout and unit layout, and 
designate and mark trees, portions of trees, and forest products 
necessary to commence timber harvesting. Such road layout, unit layout, 
designation, and marking shall be performed in accordance with the 
procedures prescribed by the Forest Service for such work, including 
the timber sale plan described in the record of decision signed by the 
contracting officer following completion of the National Environmental 
Policy Act process. The layouts, designation, and marking shall be 
subject to the approval of the Forest Service. A decision on the 
proposed layouts, designation, and marking shall be made within 30 days 
of written notification by the purchaser that such layouts and 
designations have been accomplished. For purposes of this section, the 
term ``layout'' shall also include such other facilities, including 
camps and log transfer facilities, as are necessary to accomplish the 
timber sale.''.
    Sec. 8. Section 301(c)(2) of the Tongass Timber Reform Act of 1990 
(Public Law 101-626), is hereby repealed and shall not apply to 
offerings not yet released or not yet harvested.
    Sec. 9. The Tongass Timber Reform Act of 1990 (Public Law 101-626) 
is amended to add new section 110:
    ``Sec. 110. Within 30 days of enactment of this section, the 
Secretary shall schedule and commence timber sales in those areas which 
were previously designated or managed as interim habitat conservation 
areas or Queen Charlotte goshawk protection areas pursuant to that 
draft environmental assessment dated September 1994, which proposed the 
designation of such habitat conservation areas and goshawk protection 
areas.''.
    Sec. 10. Section 1326(a) of the Alaska National Interest Lands 
Conservation Act of 1980 (Public Law 96-487), is amended as follows:
    ``Sec. 1326. (a) No future executive branch action which withdraws 
more than five thousand acres, in the aggregate, of public lands within 
the State of Alaska shall be effective except by compliance with this 
subsection. To the extent authorized by existing law, the President or 
the Secretary may withdraw public lands in the State of Alaska 
exceeding five thousand acres in the aggregate, which withdrawal shall 
not become effective until notice is provided in the Federal Register 
and to both Houses of Congress. Such withdrawal shall terminate unless 
Congress passes a joint resolution of approval within one year after 
notice of such withdrawal has been submitted to Congress. For purposes 
of this section except for land designated as wilderness pursuant to 
law, `withdrawal' is defined to include the temporary reservation of 
Federal forest lands or deferral of use for any reason for a period of 
more than 60 days, including without limitation those lands classified 
in the Land Use Designation System established pursuant to the Tongass 
Land Management Plan and which lands serve multiple uses and activities 
pursuant to other law or agency plan.''.
    Sec. 11. Section 616 of title 16, United States Code (Public Law 
100-117 of the 69th Congress), is hereby repealed and reenacted to 
read:
    ``(a) Notwithstanding any other provision of law, no person who 
acquires unprocessed sawlogs, utility logs, or pulp logs originating 
from National Forest lands in Alaska may export such unprocessed logs 
from Alaska, or sell, trade, exchange, substitute, or otherwise convey 
such logs to any other person for the purpose of exporting such logs 
from the State of Alaska.
    ``(b) No wood chips, except for cedar chips, shall be exported from 
Alaska unless the current available total chip and utility log fiber 
exceeds 90 percent of the fiber needs of the pulp and Medium Density 
Fiberboard (MDF) or other like manufacturing facilities in Alaska, 
unless the buyer refuses to purchase chips at domestic fair market 
value. The term `current available total chip and utility log fiber 
made available by current harvest' includes residual chips generated by 
the sawlog portion of the harvest, and the whole logs generated by the 
utility log portion of the harvest. The Secretary shall appraise to the 
export market those chips which are exported, and to the domestic 
market in Alaska those chips which are used in Alaska.
    ``(c) For the purposes of this section, `unprocessed logs' means 
trees or portions of trees or other roundwood not processed to 
standards and specifications suitable for end product use. The term 
unprocessed logs does not include the following: Lumber sawn on four 
sides regardless of dimension; cants cut for remanufacture, 8\3/4\ 
inches in thickness or less; pulp or pulp products; veneer or plywood; 
poles, posts, or piling cut or treated with preservatives for use as 
such; or shakes or shingles. For purposes of this section, `acquires' 
includes unprocessed logs of timber harvested on National Forest lands 
in Alaska which were received in a land exchange.
    ``(d) Notwithstanding any other provision of law, the State of 
Alaska may establish incentives to encourage the in-State processing of 
timber from State lands that are administered by the Alaska Department 
of Natural Resources, including measures which make award of contracts 
for the sale of State timber contingent on the purchaser's agreement to 
in-State processing of the timber.''.
    Sec. 12. 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 Resources Committee in the 
House of Representatives, which describes how the social benefits of 
utilization of timber from the Tongass National Forest can be increased 
through additional processing of wood products. The study shall include 
the following:
            (1) The use of dry kilns and cooperative dry kilns for kiln 
        dried or commercially dried lumber.
            (2) How to obtain greater usage of beach logs, including 
        economic methods to remove metal and sand from such logs and 
        associated chips and recommendations for changes in State law 
        including primary manufacture and complete utilization.
            (3) What would be required to establish facilities in the 
        Tongass which produce interior paneling and trim, flooring, 
        doors and windows, cabinet stock, furniture, musical 
        instruments or parts of instruments, toys, tools, and 
        implements.
The Secretary shall use the Forest Sciences Laboratory in Madison, 
Wisconsin to make the study and shall instruct the Laboratory to pursue 
value added product opportunities which would maximize jobs in Alaska. 
The Secretary shall also report on what would be required to finance 
such facilities and what commitments of timber would be necessary to 
obtain such financing.
    Sec. 13. The Tongass Timber Reform Act of 1990 (Public Law 101-
626), is amended to add new section 111:
    The Alaska National Interest Lands Conservation Act of 1980 (Public 
Law 96-487) is hereby amended to add new section 712:

                             ``definitions

    ``Sec. 712. For purposes of this Act:
            ``(1) The term `lands economically suitable for timber 
        production' means lands suitable for timber production that are 
        within either the normal operability or difficult operability 
        classes as described in the 1979 Tongass Land and Resource 
        Management Plan definitions for operability. Timber selected 
        for offering or sale shall meet the midmarket test and shall be 
        in approximately the same proportion as the normal and 
        difficult operability classes occur in the 1.75 million acres 
        which constitute the timber base at the time of passage of this 
        Act.
            ``(2) The term `normal operability' includes ground based 
        yarding systems and standard cable yarding systems, which 
        include downhill and uphill highlead, slack line, running 
        skyline, and flyer (gravity system) with maximum yarding 
        distances of generally 1,500 feet;
            ``(3) The term `difficult operability' includes cable 
        yarding systems such as standing skyline and multispan skyline 
        with maximum yarding distances of generally 2,500 feet; 
        highlead, slack line, running skyline, or flyer yarding systems 
        accessing low volume per acre timber stands; and helicopter 
        yarding systems with maximum yarding distances of generally one 
        mile.
            ``(4) The term `lands suitable for timber production' means 
        forest land that is producing or is capable of producing crops 
        of industrial wood and--
                    ``(A) has not been withdrawn by Congress, the 
                Secretary of Agriculture, or the Chief of the Forest 
                Service;
                    ``(B) existing technology and knowledge are 
                available to ensure timber production without 
                irreversible damage to soils, productivity, or 
                watershed conditions;
                    ``(C) existing technology and knowledge, as 
                reflected in current research and experience, provide 
                reasonable assurance that it is possible to restock 
                adequately within 5 years after final harvest;
                    ``(D) adequate information is available to project 
                responses to timber management activities; and
                    ``(E) are those identified acres necessary to be 
                scheduled to attain the established allowable sale 
                quantity on a sustained-yield nondeclining even flow 
                basis.
        Sustained yield and nondeclining even flow are to be calculated 
        on a forestwide basis.
            ``(5) The term `person' means an individual person, 
        persons, company, corporation, community, or other entity which 
        is or may be adversely affected by a violation of this 
        subsection.
            ``(6) The term `community' means a municipal government 
        incorporated under the laws of the State of Alaska, a permanent 
        logging camp, or any other geographically distinct group of 
        permanent residents.
            ``(7) The term `Secretary' means the Secretary of 
        Agriculture;
            ``(8) The term `equivalent timber' means timber which is 
        approximately equal in volume, species, grade, and 
        accessibility.
            ``(9) The term `maintain the species' means a sufficient 
        population so that the species existence in an area or areas of 
        the Tongass National Forest will continue.
            ``(10) The term `the same number of timber industry related 
        jobs in the timber dependent communities in Southeast Alaska as 
        existed at the time of passage of the Tongass Timber Reform Act 
        of 1990' refers to 2,400 direct such jobs.''.
                                 <all>