[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1590 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 1590

  To repeal the emergency salvage timber sale program, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 5, 1996

Mrs. Murray (for herself, Mr. Leahy, Mr. Baucus, Mr. Bumpers, and Mrs. 
  Feinstein) introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To repeal the emergency salvage timber sale 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 ``Public Participation in Timber 
Salvage Act of 1996''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) when events such as forest fire, wind storms, or 
        epidemic insect infestations occur, the Forest Service and the 
        Bureau of Land Management should have available the tools 
        necessary to harvest timber expeditiously in order to get a 
        high commodity value from dead or dying trees;
            (2) improving the health of our forests is a national 
        priority that should be addressed through comprehensive 
        analysis and public involvement, and should focus not only on 
        the health of trees, but on the health of the entire forest, 
        including watersheds, soils, fisheries, and wildlife; and
            (3) timber sales, including salvage timber sales, should be 
        conducted in accordance with all applicable laws in order to 
        ensure the sustainability of the components and functions of 
        the forests.

        TITLE I--REPEAL OF EMERGENCY SALVAGE TIMBER SALE PROGRAM

SEC. 101. REPEAL OF EMERGENCY SALVAGE TIMBER SALE PROGRAM.

    Section 2001 of Public Law 104-19 (109 Stat. 240; 16 U.S.C. 1611 
note) is repealed.

SEC. 102. EXISTING TIMBER SALE CONTRACTS.

    (a) Suspension.--Notwithstanding any outstanding judicial order or 
administrative proceeding interpreting subsection (k) of section 2001 
of Public Law 104-19 (109 Stat. 240; 16 U.S.C. 1611 note) (as in 
existence prior to the date of enactment of this Act), the Secretary of 
Agriculture and the Secretary of the Interior shall suspend each timber 
sale or activity that was being undertaken in whole or in part under 
the authority provided in the subsection.
    (b) Replacement or Termination of Timber Sale Contracts.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Secretary concerned shall negotiate with a purchaser 
        of timber offered, awarded, or released pursuant to section 318 
        of Public Law 101-121 (103 Stat. 745) or section 2001(k) of 
        Public Law 104-19 (109 Stat. 246; 16 U.S.C. 1611 note) (as in 
        existence prior to the date of enactment of this Act) to 
        provide, within 1 year of the date of enactment of this Act, a 
        volume, value, and kind of alternative timber as a replacement 
        for the remaining timber under contract.
            (2) Environmental and natural resource laws.--Replacement 
        timber provided under paragraph (1) shall comply with--
                    (A) any applicable environmental or natural 
                resource law;
                    (B) any forest plan in existence on the date of 
                enactment of this Act, including the Northwest Forest 
                Plan and any plan developed under the Interior Columbia 
                Basin Ecosystem Management Project; and
                    (C) any relevant standard or guideline, including 
                PACFISH, INFISH, and Eastside screens.
            (3) Termination.--If the Government and the purchaser do 
        not reach agreement under paragraph (1), the Secretary 
        concerned may--
                    (A) exercise any provision of the original contract 
                that authorizes termination and payment of specified 
                damages; or
                    (B) terminate the contract to avoid adverse effects 
                on the environment or natural resources.
    (c) Payment for Timber Sale Contracts Relinquished.--Any claim, 
whether as a result of a judgment or an agreement, against the Federal 
Government arising from a timber sale contract offered under section 
318 of Public Law 101-121 (103 Stat. 745), from section 2001(k) of 
Public Law 104-19 (109 Stat. 246; 16 U.S.C. 1611 note) (as in existence 
prior to the date of enactment of this Act), from this Act, or from the 
exercise of the Secretary's right under a timber sale contract to 
terminate the contract may be--
            (1) paid from funds made available under section 1304 of 
        title 31, United States Code, and shall not require 
reimbursement under section 13(c) of the Contract Disputes Act of 1978 
(41 U.S.C. 612(c));
            (2) paid through a certificate of bidding rights credits to 
        be used by the purchaser (or a successor or assign of the 
        purchaser) for future timber sales;
            (3) offset by forgiveness of a Federal Government loan or 
        loan guarantee; or
            (4) paid through funds appropriated for the purpose.
    (d) Negotiations Between the Secretary Concerned and the 
Purchaser.--The Secretary concerned and the timber sale purchaser may 
use any combination of methods provided in subsections (b), (c), and 
(d) or other authorized means to dispose of a timber sale contract 
under this section.
    (e) Disputes.--Any claim by a purchaser against the Federal 
Government relating to a contract replaced, modified, suspended, or 
terminated under this section shall be subject to the Contract Disputes 
Act of 1978 (41 U.S.C. 601 et seq.).

SEC. 103. SALES INITIATED UNDER EXISTING LAW.

    (a) In General.--A sale initiated but not awarded to a purchaser by 
the Forest Service or the Bureau of Land Management under subsection 
(b) or (d) of section 2001 of Public Law 104-19 (109 Stat. 240; 16 
U.S.C. 1611 note) (as in existence prior to the date of enactment of 
this Act) as of March 5, 1996, shall be subject to title III of this 
Act and all environmental and natural resource laws.
    (b) Sales Awarded to Purchasers.--
            (1) In general.--A timber sale contract that has been 
        awarded to a purchaser under subsection (b) or (d) of section 
        2001 of Public Law 104-19 (109 Stat. 240; 16 U.S.C. 1611 note) 
        (as in existence prior to the date of enactment of this Act) 
        shall, notwithstanding the commencement of contract 
        performance, be subject to--
                    (A) in the case of Forest Service sales, 
                administrative appeal in accordance with section 322 of 
                the Department of the Interior and Related Agencies 
                Appropriations Act, 1993 (106 Stat. 1419; 16 U.S.C. 
                1612 note);
                    (B) in the case of Bureau of Land Management sales, 
                protests filed in accordance with 43 C.F.R. section 
                5003.3; and
                    (C) judicial review.
            (2) Harvest activities.--On the filing of an appeal or a 
        protest under paragraph (1), all harvest activities shall be 
        suspended.
            (3) Requirements.--Section 2001 of Public Law 104-19 (109 
        Stat. 240; 16 U.S.C. 1611 note) (as in existence prior to the 
        date of enactment of this Act) shall apply to any claim under 
        paragraph (1) related to compliance with any expedited 
        procedural requirement. Any other claim shall be subject to 
        applicable law.

                    TITLE II--NORTHWEST FOREST PLAN

SEC. 201. NORTHWEST FOREST PLAN.

    (a) Direction To Complete Timber Sales.--The Secretary of the 
Interior, acting through the Director of the Bureau of Land Management, 
and the Secretary of Agriculture, acting through the Chief of the 
Forest Service, shall expeditiously prepare, offer, and award timber 
sale contracts consistent with the Northwest Forest Plan.
    (b) Availability of Funds.--
            (1) In general.--The Secretary of Agriculture and the 
        Secretary of the Interior shall, to the maximum extent 
        practicable, make funds available for qualified personnel, such 
        as biologists, hydrologists, and geologists, to complete any 
        watershed assessment or other analyses required for the 
        preparation, advertisement, and award of timber sale contracts 
        in order to meet the probable sale quantities and other goals 
        of the Northwest Forest Plan.
            (2) Source.--If there are no other unobligated funds 
        appropriated to the Secretary of Agriculture or the Secretary 
of the Interior that may be made available as required by paragraph 
(1), the Secretary concerned shall make funds available from amounts 
that are available for the purpose of constructing forest roads or from 
use of any permanent funds in the regions to which the Northwest Forest 
Plan applies.
    (c) Savings Provision.--Nothing in this title affects the legal 
duties of Federal agencies with respect to the planning and offering of 
timber sales, including salvage timber sales under this Act.

          TITLE III--LAWFUL EXPEDITING OF SALVAGE TIMBER SALES

SEC. 301. DEFINITIONS.

    In this title:
            (1) Dislocated resource worker.--The term ``dislocated 
        resource worker'' means a resource worker who--
                    (A) has been terminated or received notice of 
                termination from employment and is unlikely to return 
                to employment in the forest products industry, 
                including employment in the harvest or management of 
                logs, transportation of logs or wood products, 
                processing of wood products (including pulp), or the 
                manufacturing and distribution of wood processing or 
                logging equipment because of diminishing demand for the 
                worker's skills;
                    (B) has been terminated or received notice of 
                termination from employment as a result of salmon 
                harvest reductions, including a worker employed in the 
                commercial and recreational harvesting of salmon or the 
                buying and processing of salmon; or
                    (C) is self-employed and has been displaced from 
                the worker's business in the forest products or fishing 
                industry because of diminishing demand for the 
                business's services or goods.
            (2) Level 1 interagency field team.--The term ``level 1 
        interagency field team'' means a pertinent combination of 
        biologists from the Forest Service, the Bureau of Land 
        Management, the United States Fish and Wildlife Service, and 
        the National Marine Fisheries Service with experience and 
        expertise to make biological determinations and bring 
        consultation under the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.) to conclusion at a field level.
            (3) Level 2 interagency field team.--The term ``level 2 
        interagency field team'' means a pertinent combination of 
        forest supervisors from the Forest Service, district managers 
        from the Bureau of Land Management, and personnel from the 
        United States Fish and Wildlife Service and the National Marine 
        Fisheries Service with decisionmaking authority under the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
            (4) Salvage timber sale.--The term ``salvage timber sale'' 
        means a timber sale--
                    (A) in which each unit is designed to remove trees 
                that are dead from any cause (except arson found to 
                have been committed to produce timber sales), or that 
                have been determined by reliable scientific methods to 
                have a high probability of dying within 1 year as a 
                result of insect-related, blowdown, or fire damage; and
                    (B) that includes a small percentage of other trees 
                to the extent necessary to secure human safety or 
                provide for commercially reasonable and environmentally 
                sound access to and removal of dead or dying trees 
                described in subparagraph (A).

SEC. 302. SALVAGE TIMBER SALES SCOPE AND FACILITATION.

    The Secretary of Agriculture, acting through the Chief of the 
Forest Service, and the Secretary of the Interior, acting through the 
Director of the Bureau of Land Management, shall--
            (1) offer salvage timber sales under this Act only on 
        Forest Service and Bureau of Land Management land utilizing 
        existing and generally operable roads (except that spur roads 
        of less than .25 mile may be constructed or reconstructed to 
        permit access to individual timber sale units) located 
        outside--
                    (A) any unit of the National Wilderness 
                Preservation System or any study area officially 
                recommended for consideration as wilderness; or
                    (B) any roadless area in which forest and land 
                management resource plans preclude timber sale or 
                roads;
                    (C) any area in which a salvage timber sale would 
                be inconsistent with agency standards and guidelines 
                applicable to areas administratively identified as late 
                successional or riparian or withdrawn from timber 
                harvest for other conservation purposes; and
                    (D) any area withdrawn by Federal law for any 
                conservation purpose;
            (2) expeditiously prepare, offer, and award timber salvage 
        sales described in paragraph (1);
            (3) enter basic forest inventory, including data on 
        vegetation, soils, riparian systems, fisheries, wildlife 
        habitat, and other relevant information into the Geographical 
        Information System or other resource mapping system and make 
        the inventory data easily available to incorporate into 
        individual projects;
            (4) notwithstanding section 6(d)(4) of the Office of 
        Federal Procurement Policy Act (41 U.S.C. 405(d)(4)), permit 
        forest and district offices to procure computer software using 
        available funds to facilitate resource inventory;
            (5) if helpful in expediting salvage sales, alter the 
        agency tree marking and designating requirements by writing 
        into timber sale contracts--
                    (A) readily determinable characteristics to guide 
                the contractor in selecting trees to harvest; and
                    (B) fines and penalties, including debarment, to 
                enforce subparagraph (A),
        except that this paragraph shall not alter agency marking or 
        designating requirements for trees to remain uncut for 
        wildlife, riparian, or other conservation measures;
            (6) perform timely revegetation and slash removal 
        operations consistent with applicable laws, regulations, and 
        silvacultural practice; and
            (7) undertake watershed and other restoration activities, 
        including road decommissioning, in or near the salvage timber 
        sale by first offering the work to dislocated resource workers 
        or individuals certified by an appropriate resource management 
        apprenticeship program and ensure work is performed according 
        to requirements of the Service Contract Act of 1965 (41 U.S.C. 
        351 et seq.).

SEC. 303. SALVAGE TIMBER SALE DOCUMENTATION AND APPEAL PROCEDURES.

    (a) Preparation of Documents.--In conducting a salvage timber sale 
under this title--
            (1) to speed compliance with the Endangered Species Act of 
        1973 (16 U.S.C. 1531 et seq.), agencies shall, to the maximum 
        extent practicable--
                    (A) complete informal consultation not later than 
                30 days and formal consultation not later than 60 days 
                after submission of a biological assessment using a 
                level 1 interagency field team and a level 2 
                interagency field team;
                    (B) establish a key contact person in each regional 
                office of the Forest Service, the Bureau of Land 
                Management, the Fish and Wildlife Service, and the 
                National Marine Fisheries Service to facilitate issue 
                resolution; and
                    (C) establish regional and national interagency 
                dispute resolution teams; and
            (2) in the case of the Forest Service and the Bureau of 
        Land Management, prior to publishing a notice of a proposed 
        action under section 215.5 of title 36, Code of Federal 
        Regulations, on a proposed timber salvage sale, facilitate 
        public participation in the sale planning and preparation by 
        providing proper notice and allowing any member of the public 
        to attend not less than 1 interdisciplinary team meeting, not 
        less than 1 of which will be held during evening hours.
    (b) Advisory Committees.--
            (1) In general.--The Forest Service and Bureau of Land 
        Management may form 1 or more committees to advise agencies on 
        proposed salvage timber sales if each committee will facilitate 
        public involvement in decisionmaking.
            (2) Federal advisory committee act.--The Federal Advisory 
        Committee Act (5 U.S.C. App.) shall not apply to a committee 
        formed under paragraph (1).
            (3) Notice.--The Secretary concerned shall provide 
        notification to the public of any meeting of a committee formed 
        under paragraph (1) at least 10 days prior to the meeting and 
        the meeting shall be open to the public, unless the Secretary 
        concerned determines that all or a portion of the meeting will 
        be closed in accordance with section 552b(c) of title 5, United 
        States Code.
    (c) Expediting Administrative Appeals.--
            (1) In general.--Subject to paragraph (2), administrative 
        review of a decision of the Forest Service or the Bureau of 
        Land Management under this title shall be conducted--
                    (A) in the case of the Forest Service, in 
                accordance with section 322 of the Department of the 
                Interior and Related Agencies Appropriations Act, 1993 
                (106 Stat. 1419; 16 U.S.C. 1612 note); and
                    (B) in the case of the Bureau of Land Management, 
                after the Secretary approves the sales.
            (2) Exceptions.--
                    (A) Appeal.--An appeal of a decision must be filed 
                not later than the later of--
                            (i) 30 days after the publication of a 
                        decision document for a salvage timber sale; or
                            (ii) mailing of notice to interested 
                        parties, in keeping with relevant agency 
                        regulations.
                    (B) Final decision.--The agency concerned shall 
                issue a final decision not later than 30 days after the 
                deadline for an administrative appeal has tolled and 
                may not extend the closing date for a final decision.
    (d) Expediting Judicial Review.--
            (1) Time for challenge.--Absent good cause, any challenge 
        to a salvage timber sale under this title shall be brought as a 
        civil action in a United States district court not later than 
        30 days after the date on which an agency provides notice of a 
        final decision regarding a salvage timber sale.
            (2) Time for appeal.--Any appeal of a district court 
        decision on a salvage timber sale under this Act shall be 
        brought not later than 30 days after the first date on which 
        the appeal may first be filed.
            (3) Expeditious consideration.--
                    (A) In general.--The district and appellate courts 
                shall, to the extent practicable, expedite proceedings 
                in a civil action under this subsection.
                    (B) Procedures.--To expedite proceedings under this 
                subsection, a court may shorten the time allowed for 
                the filing of papers or for other procedures that would 
                otherwise apply.

SEC. 304. FUNDING TO IMPLEMENT THIS TITLE.

    (a) In General.--To facilitate implementation of section 302, a 
Forest Service regional office or a Bureau of Land Management district 
may transfer funds among the following accounts in the agency budget of 
the office or district without making reprogramming requests to 
Congress:
            (1) Timber salvage fund.
            (2) Road construction and maintenance accounts.
            (3) Timber sale preparation accounts.
    (b) Notice.--An office or district that transfers funds under 
subsection (a) shall provide notice to Congress not later than 60 days 
after the transfer.

SEC. 305. EXPEDITED PROCEDURAL REGULATIONS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary concerned, in consultation with the Council 
on Environmental Quality, shall develop regulations to expedite full 
compliance with the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) and any other appropriate environmental laws for a 
decision regarding a proposed salvage timber sale authorized under this 
Act.
    (b) Time Limit.--The Secretary and the Council on Environmental 
Quality shall, to the extent practicable--
            (1) limit the time necessary for public participation and 
        agency analysis for a proposed action regarding a salvage 
        timber sale authorized under this Act to 120 days; and
            (2) establish safeguards to provide flexibility on the 
        limitation referred to in paragraph (1) to provide for full 
        compliance with the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.) and any other appropriate 
        environmental law.

SEC. 306. PILOT PROGRAM TO SELL HARVEST CONTRACTS FOR FOREST SERVICES.

    (a) In General.--The Secretary of the Interior, acting through the 
Bureau of Land Management, and the Secretary of Agriculture, acting 
through the Forest Service, shall implement a program to demonstrate 
the feasibility of harvest contracts for salvage timber sales and 
associated forest activities.
    (b) Areas.--
            (1) Interior.--The Secretary of the Interior shall 
        establish up to 5 pilot projects per Bureau of Land Management 
        district to carry out this section.
            (2) Agriculture.--The Secretary of Agriculture shall 
        establish up to 5 pilot projects per Forest Service region to 
        carry out this section.
    (c) Process.--To carry out this section, the Secretary concerned 
shall establish a process to--
            (1) offer 1 or more contracts to a bidder to carry out 
        forest rehabilitation and stewardship activities, including 
        salvage timber sales and to collect and sort any wood 
        harvested; and
            (2) have the agency concerned sell, or contract with a 
        private enterprise different than the contractor in paragraph 
        (1) to sell, the harvested wood.

              TITLE IV--TIMBER STAND HEALTH PRIORITIZATION

SEC. 401. REVIEW OF TIMBER STAND HEALTH.

    The Secretary of the Interior and the Secretary of Agriculture, 
respectively, shall review the health of timber stands on Bureau of 
Land Management and Forest Service lands and shall each--
            (1) identify, not later than March 1 of each year, the 
        timber stands on Bureau of Land Management or Forest Service 
        lands, as applicable, that are not in a healthy condition; and
            (2) prepare a document to prioritize areas that would 
        benefit from rehabilitation activities to restore timber stands 
        to a healthy condition.

SEC. 402. REHABILITATION PRIORITIZATION.

    To determine which areas of land should receive the first 
attention, each resource area or ranger district shall consider where 
intervention or treatment--
            (1) has the best opportunity to restore health to affected 
        timber stands;
            (2) has the greatest potential to reduce the risk of 
        wildfires, especially where human safety and private property 
        are threatened; and
            (3) is the least controversial, such as on lands located 
        outside of wilderness, unroaded areas, riparian areas, late 
        successional reserves, or other sensitive areas.

SEC. 403. FOREST TIMBER STAND HEALTH REPORT.

    (a) In General.--The Secretary of the Interior and the Secretary of 
Agriculture shall prepare an annual report (which shall be known as the 
Forest Timber Stand Health Report) to evaluate the overall health of 
the forest timber stands on Bureau of Land Management and Forest 
Service lands, respectively.
    (b) Required Information.--The Forest Timber Stand Health Report 
shall contain--
            (1) quantitative and qualitative data on the health of 
        timber stands concerned; and
            (2) a review of the actions taken to attempt to improve the 
        health of the timber stands.

SEC. 404. AUTHORIZATION FOR FUNDING.

    There are authorized to be appropriated such funds as are necessary 
to carry out this title.
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